[Congressional Record (Bound Edition), Volume 155 (2009), Part 7]
[Issue]
[Pages 8503-8803]
[From the U.S. Government Publishing Office, www.gpo.gov]
[[Page 8503]]
SENATE--Wednesday, March 25, 2009
The Senate met at 9:30 a.m. and was called to order by the Honorable
Tom Udall, a Senator from the State of New Mexico.
______
prayer
The Chaplain, Dr. Barry C. Black, offered the following prayer:
Let us pray.
Most holy and gracious God, who turns the shadow of night into
morning, thank You for the gift of this new day. As we work for You and
country, let the light of Your countenance shine upon our lawmakers,
calming their troubled thoughts and guiding their feet in the way of
peace. Lord, give them the ability to see the small things that need
their attention and the courage to see the things that are not and ask
``Why not''? Turn their minds and hands to the tasks that bring glory
to Your Name, and may their words and thoughts be acceptable to You.
May the knowledge of Your blessings to our Nation awaken in them a
deeper commitment to You.
We pray in Your wonderful Name. Amen.
____________________
PLEDGE OF ALLEGIANCE
The Honorable Tom Udall led the Pledge of Allegiance, as follows:
I pledge allegiance to the Flag of the United States of
America, and to the Republic for which it stands, one nation
under God, indivisible, with liberty and justice for all.
____________________
APPOINTMENT OF ACTING PRESIDENT PRO TEMPORE
The PRESIDING OFFICER. The clerk will please read a communication to
the Senate from the President pro tempore (Mr. Byrd).
The legislative clerk read the following letter:
U.S. Senate,
President pro tempore,
Washington, DC, March 25, 2009.
To the Senate:
Under the provisions of rule I, paragraph 3, of the
Standing Rules of the Senate, I hereby appoint the Honorable
Tom Udall, a Senator from the State of New Mexico, to perform
the duties of the Chair.
Robert C. Byrd,
President pro tempore.
Mr. UDALL thereupon assumed the chair as Acting President pro
tempore.
____________________
RECOGNITION OF THE MAJORITY LEADER
The ACTING PRESIDENT pro tempore. The majority leader is recognized.
____________________
SCHEDULE
Mr. REID. Mr. President, following leaders' remarks, we are going to
have morning business for up to 1 hour. The first 30 minutes will be
controlled by the Democrats and the Republicans will control the second
30 minutes. During that time, Senators will be allowed to speak therein
for up to 10 minutes each.
Following morning business, we will proceed to, once again, take up
the National Service Reauthorization Act, H.R. 1388. At noon, we are
going to vote on the confirmation of David Kris to be Assistant
Attorney General. We have a special Democratic caucus from 12:30 to 2
p.m. today. The President will be at that caucus. After the caucus, the
Senate will resume consideration of the national service legislation.
Rollcall votes are expected to occur throughout the afternoon. We are
not going to be in recess from 12:30 to 2 p.m.
I suggest the absence of a quorum.
The ACTING PRESIDENT pro tempore. The clerk will call the roll.
The assistant legislative clerk proceeded to call the roll.
Mr. REID. Mr. President, I ask unanimous consent that the order for
the quorum call be rescinded.
The ACTING PRESIDENT pro tempore. Without objection, it is so
ordered.
Mr. REID. Mr. President, we will be in recess from 12:30 until 2 p.m.
I said that we would not be, but there is already an order to that
effect. I wanted to explain that.
____________________
RECOGNITION OF THE REPUBLICAN LEADER
The ACTING PRESIDENT pro tempore. The Republican leader is
recognized.
____________________
AMBASSADOR RYAN CROCKER
Mr. McCONNELL. Mr. President, it is appropriate for us to honor, from
time to time, outstanding public servants whose work on behalf of the
American people might otherwise be overlooked.
Next week, Ambassador Ryan Crocker will return home to Washington
State after a remarkable career promoting America's interests abroad.
In a career spanning nearly 40 years, Ambassador Crocker has
represented the United States in some of the most challenging
environments. So it is fitting that we pause to honor him for a job
well done.
A graduate of Whitman College in Washington, Ryan Crocker joined the
Foreign Service in 1971, beginning a career that would take him to
diplomatic posts in Iran, Qatar, Egypt, Lebanon, and Iraq. Ambassador
Crocker served as Ambassador to Syria, Kuwait, Lebanon, Pakistan, and,
most recently, Iraq. Clearly, he has not shied away from a challenge.
And he has excelled at every one.
Earlier in his career, Ambassador Crocker served in Lebanon during
the Israeli invasion of 1982 and the bombing of the U.S. Marine
barracks in 1983--experiences from which he would later draw important
lessons while serving in Iraq, particularly in 2007, when Shia militias
and Sunni insurgents fed sectarian tensions and tribal feuds.
Ambassador Crocker's career spanned the entire Middle East and recent
U.S. history. But he will undoubtedly be remembered most for his
service in Iraq. Success in Iraq was never ensured, but it was made far
more likely by the presence of Ryan Crocker. As Ambassador from March
2007 to February 2009, he was instrumental in carrying out the
diplomatic tasks required to implement the counterinsurgency strategy,
and to successfully defend that strategy before a skeptical Congress.
He also carried out the negotiation that produced the Status of Forces
Agreement, and he helped Iraqis through provincial elections. In all
this, Ambassador Crocker forged a strong partnership with GEN David
Petraeus that protected our Nation's interests in Iraq at a moment of
peril.
Ryan Crocker has served his Nation with honor, and our country owes
him a debt. He is a diplomat's diplomat, the best of the best, and a
tribute to the State Department that he has served. He is also a very
fine man, and I wish him well in retirement and the best of luck in the
future. Ambassador Crocker may be leaving the stage, but his service to
our Nation will not be forgotten.
I yield the floor.
The ACTING PRESIDENT pro tempore. The Senator from California is
recognized.
Mrs. BOXER. Mr. President, what is the order?
____________________
RESERVATION OF LEADER TIME
The ACTING PRESIDENT pro tempore. Under the previous order,
leadership time is reserved.
____________________
MORNING BUSINESS
The ACTING PRESIDENT pro tempore. Under the previous order, the
[[Page 8504]]
Senate will proceed to a period of morning business for up to 1 hour,
with Senators permitted to speak therein for up to 10 minutes each,
with the time equally divided and controlled between the two leaders or
their designees, with the majority controlling the first half and the
Republicans controlling the second half.
The Senator from California is recognized.
____________________
THE BUDGET
Mrs. BOXER. I came to the floor to talk about the budget debate. I
think it is very important that we let the American people know where
we are on the budget and what this debate is really all about.
We have a new President and we have a new budget, thank goodness. We
have a budget that reflects the hopes and dreams of the American
people. We have a budget that is going to cut the deficit in half by
the time this President's term is over. We have a budget that is
absolutely open in terms of the way it spends our money and the way it
saves our money.
It is important that we take a look at the type of economy this young
President inherited: Record deficits. Record deficits that President
George W. Bush's own party supported. It is very important that we
remember that when George W. Bush got the key to the Oval Office, we
had surpluses. Then we saw a 50-percent increase in spending. We saw a
debt that was about to be put away go up in major proportions. We are
seeing the playing out of the worst recession since the Great
Depression, a financial market in crisis, and a housing market in
crisis because of the deregulation that was the centerpiece of George
W. Bush's and the Republicans' leadership.
We are paying the price of those years today. We have a young
President who came into office and said: Be patient, we are going to
change the way we do business in this country. And we are going to do
that. We started with the stimulus bill that got not one Republican
vote on the House side, although some of my Republican friends over
there are running around my State taking credit for the bill they voted
against. We had three Republicans over here, whom I praise mightily for
having the courage to do the right thing and get this economy back on
track.
We have seen the loss of 3.3 million jobs in the last 6 months. The
President is dealing with two ongoing wars that, by the way, were never
paid for in the budget. They were taken off the budget. He now puts
them in the budget so that the American people can see the truth.
President Bush put them in emergency spending even though we knew he
needed to fund them.
What we have in the President's budget is a refreshing change of
reality, honesty, integrity, and investments that have to be made. What
are we getting from our Republican friends? We are getting just what we
got when the Clinton budget passed without one Republican vote. I want
to take us back to that because I think it is very interesting,
intriguing, and enlightening to see what our Republican friends said
about the last Democratic President's budget. You would have thought
the sky was falling. You would have thought the universe would never
survive. I have some of the quotes they made about the Clinton budgets.
If people will remember, Al Gore, as Vice President, had to come over
here and cast the tie-breaking vote on that budget. Here is what
happened as a result of that budget; we will talk about that first. As
a result of the Clinton budget, we saw 23 million new jobs created in
this country--not millions of jobs lost but 23 million jobs created.
What happened to the deficit under the Clinton budget? It went down,
down, down, and we wound up with a surplus. We voted for the Clinton
budget, the first Democratic budget in a while, and what happened?
Twenty-three million new jobs were created and the budget was in
balance.
As a matter of fact, George W. Bush, when he took the keys to the
Oval Office, had a surplus. What happened with the Republican rule?
Deficits as far as the eye can see. These are the facts. This isn't
rhetoric--debt of $10 trillion, $11 trillion.
Let's look at what the Republicans said about the Clinton budget that
we know, because time has passed, history has shown, created 23 million
jobs, stopped the deficits, turned them into surpluses, and got the
debt going on the way down. What did our Republican friends say then?
Wayne Allard said then as a Representative:
In summary, the plan has a fatal flaw--it does not reduce
the deficit.
Wrong. Wrong. Wayne Allard continued:
So we are still going to pile up some more debt, but most
of all, we are going to cost jobs in this country.
That is what Republican Wayne Allard said about the Clinton budget--
``. . . we are still going to pile up some more debt, but most of all,
we are going to cost jobs. . . .'' Wrong--23 million jobs created.
Senator Pete Domenici said of the Clinton budget that created 23
million jobs and turned the deficit into a surplus:
It's just a mockery.
Our friend, Senator Orrin Hatch, a leader of the Republicans, still
here and going strong, I am happy to say, he is my friend--he said:
Make no mistake, these higher rates will cost jobs.
Talking about the Clinton budget and the taxes in it.
Make no mistake, these higher rates will cost jobs.
Wrong--23 million jobs created.
How about Senator Phil Gramm, one of the leaders of the Republicans
in the Senate at the time of the Clinton budget that created 23 million
jobs, took the deficit, turned it into surplus, what did he say?
I want to predict here tonight that if we adopt this bill,
the American economy is going to get weaker and not stronger,
the deficit 4 years from today will be higher than it is
today and not lower. . . . When all is said and done, people
will pay more taxes, the economy will create fewer jobs,
Government will spend more money, and the American people
will be worse off.
Wrong. Phil Gramm was wrong. Oh, Phil Gramm, he is the one who said
this recession was in our minds.
Here is another quote of Phil Gramm--remember, he was a leader of the
Republicans then--talking about the Clinton budget that created 23
million jobs and cut our deficit and turned it into a surplus:
. . . [T]his program is going to make the economy weaker. .
. . Hundreds of thousands of people are going to lose their
jobs as a result of this program.
Guess what he also said:
I believe that hundreds of thousands of people are going to
lose their jobs as a result of this program. I believe that
Bill Clinton will be one of those people.
Bill Clinton got reelected and the economy created 23 million jobs,
the deficits went down, we had a surplus, and the debt was almost
eviscerated.
What did our good friend Chuck Grassley say? Chuck Grassley is our
good friend. He has taken a lead against this budget document. He is
one of the leaders against the Obama budget. Let's see what he said
about the Clinton budget that created 23 million new jobs and cut the
deficits, turned them into surpluses, and had the debt going down, one
of the most prosperous times in our history as a result of the Clinton
budget. What did Chuck Grassley say?
I really do not think it takes a rocket scientist to know
this bill will cost jobs.
Wrong.
Connie Mack, another leader, a friend of mine, now retired, a
Republican leader--this is what he said about the Clinton budget:
This bill will cost America jobs, no doubt about it.
Bill Roth said:
It will flatten the economy. . . . I am concerned what it
will do to jobs. I am concerned what it will do to our
families, our communities, to our children's future.
Senator Roth was wrong--23 million jobs created, one of the most
prosperous times in our Nation's history, deficits went down, debt on
the way out.
So our Republicans have a visceral reaction when there is a
Democratic President. They come and they excoriate our Democratic
President, and
[[Page 8505]]
they are wrong. They are wrong. Look at the record. This is the beauty
of what I am saying. I do not have to defend it. I know what they said,
and I know what happened to the economy.
Newt Gingrich--still a major leader in the Republican Party, some
people say the leader--about the Democratic President's budget, Bill
Clinton: ``It will kill jobs.'' Wrong. It will ``lead to a recession,
and the recession will force people off of work and onto unemployment
and will . . . increase the deficit.'' Wrong.
John Kasich--we have seen him on television a lot. He was a leader
then in the Republican Party. This is what he said about Bill Clinton's
budget, not dissimilar to the Barak Obama budget in the sense that it
is a plan to cut the deficit and make investments--make good
investments. This is what he said:
This plan will not work. If it was to work, I'd have to
become a Democrat . . .
John, if you are watching me, it is your time because the plan
worked--23 million jobs. You didn't become a Democrat. You said you
would.
Peter King--what did Peter King say about the Clinton budget that
created 23 million jobs and cured the deficit problem?
[I]t is because of budgets such as this that the economy is
going to be damaged.
Wrong. Wrong.
Flash forward. We know what happened under Bill Clinton. We know
about the 23 million jobs. We know what happened to the debt. It went
down. We know what happened to the deficits. They turned into
surpluses. George W. Bush takes the White House, the Republicans take
over, and what happened? The worst recession since the Great
Depression, terrible loss of jobs, deficits record high, which they
never complained about, debt record high. We get a new President who
comes in and says: I have a plan to turn it all around. What do they
do? They come down to the floor with the same old politics.
If I gave you the quotes I am hearing of my colleagues--Senator
Shelby is all over, they are all over the place--disaster, Armageddon,
the world is ending, we are going to lose jobs, we are going to have
deficits as far as the eye can see; what a nightmare. It is the same
old politics and, by the way, the same old policies, which is tax
breaks for the wealthiest among us, shorting the investments that the
people of this country need, not tackling health care, not tackling
energy, not tackling education--all the things this President wants--
not tackling the deficits, and we have to know they got us into this
crisis.
I do not enjoy reiterating all of this because it brings back some
fights I was in. But I am going to do it every day as long as I hear
the same rhetoric, the same politics, the same policies that got us
into this mess in the first place.
The American people had a choice in November. They had a choice in
Senate races, they had a choice in House races, they had a choice in
the Presidential race. Did they want the same old politics, did they
want the same old policies that got us into the crisis? Guess what they
said. They wanted change, and they are getting change. We have the same
rhetoric flowing from my friends on the other side of the aisle. I
thought they were going to change the image of their party. I thought
they were going to change the message of their party. It is the same
old stuff. You could substitute a name for a name. It is the same thing
they are saying about the Barak Obama budget that they said about the
Clinton budget, and it doesn't fly because our new President
understands we have to make some changes. He understands we need to
invest in America's future, in jobs, in health care, in energy
independence, and in education.
We know the deficit predictions are different coming out of the
Congressional Budget Office than they are coming out of the White House
office. Everybody knows we are going to adjust this budget here and
there to make sure the numbers reflect reality. This President
understands that. I watched him at his press conference. He said: What
I care about is jobs, health care, energy independence, education, and
deficit reduction, he added. That is a major focus of his agenda. He
says: As long as I get jobs, health care, energy independence,
education, and deficit reduction, I am a happy person.
The President is coming today to the Hill to meet with us. I am very
much anticipating his presentation.
We know what this President inherited. We know the fiscal
mismanagement. We know the misplaced priorities. We know, we know, we
know. The American people understand that is why this President,
despite getting pounded day after day on this floor, on the airwaves,
and on conservative talk shows, is still maintaining a strong majority
of Americans who say: Give this man a chance.
Who else in history inherited two wars and the biggest economic
nightmare since the Great Depression? Nobody. The wars were not of his
making, and the economic mess is not of his making. He is addressing
them. He addressed it in the stimulus package that is going to start to
pay off for us.
It is tough times, but he is doing what has to be done. He went
forward and he said: You know what, I have a plan to get these banks on
their feet. He was honest. He said: I have bad choices and worst
choices.
If there is a tragedy in our families and we find out one of our
loved ones has cancer and the doctor comes to us and says: There are
two treatments. There is a tough chemotherapy treatment and there is a
tough radiation treatment. You have to pick between those two
treatments to cure this cancer. It is a hard choice. Our President
faces very hard choices when it comes to straightening out this mess.
But the American people want him to try and try he is.
If we can get these bad assets off the hands of these banks and get
them lending again, we basically save the financial system. If we don't
save the financial system, we are going to have to take it over. This
President does not want to do that and I do not want to do that and I
do not think most Americans want that. So he is doing what it takes.
The housing crisis--I am so happy to hear people are refinancing. It
is very important. That is going to put more money in the pockets of
people. It is going to make it more affordable for them to stay in
their homes.
Our President has a budget blueprint to get us out of this mess. We
all know he is not going to get every line in there he wants. He knows
that. Senator Conrad is working with him. We will have a reserve fund
in there for the things we want to do for health care and energy, and I
am going to work very hard so we can, in fact, have a cap-and-trade
system that brings funding in and puts people to work, it gets us off
dirty energy. We will have the ability to do that. The point is, this
President deserves to have his priorities in place.
I wish to say in closing to my Republican friends: Go back a few
years in time. See how wrong you were. Admit that you were wrong. Then
go back and see what you said about the Bush budget. I didn't get a
chance to go through those quotes. I will do that the next time I take
the floor. When the Bush budget came down and we saw what happened with
the Bush budgets, they were adopted by Republicans, and they received
lots of votes from their side, unanimous. All we had out of that was
unemployment and deficits. They said: Oh, this is going to be a great
budget. They are wrong. They have been wrong--wrong on the Clinton
budget, wrong on the Bush budget, and now they are wrong on the Obama
budget.
As one Senator, I wish to say this: I never forget. I forgive all the
time, but I never forget. I have these quotes. They are real. They are
in the Record. I am going to bring them out constantly.
Remember, when you hear these Republicans come out and trash Barak
Obama's budget, it is the same thing they did to the Clinton budget and
they were wrong--wrong then and they are wrong now.
We have to give this President the support he needs. Not that we are
going to give every line--I don't agree with every line in it--but
basically the thrust of what he wants, the investments and the deficit
reduction.
[[Page 8506]]
Mr. President, I yield the floor, and I suggest the absence of a
quorum.
The ACTING PRESIDENT pro tempore. The clerk will call the roll.
The assistant legislative clerk proceeded to call the roll.
Mr. CORKER. Mr. President, I ask unanimous consent that the order for
the quorum call be rescinded.
The ACTING PRESIDENT pro tempore. Without objection, it is so
ordered.
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APPROPRIATIONS PROCESS
Mr. CORKER. Mr. President, I rise today to talk about the
appropriations process we conduct here in the Senate, and have come
here, as you have, in the not too distant past and been absolutely
amazed by the lack of fiscal discipline that exists here in Washington.
I know the Presiding Officer probably shares some of my views about the
way we go through the appropriations process and the fact that at the
end of the year, on many occasions, we end up with a large omnibus bill
that does not give the American public, certainly not Senators and
House Members, the ability to actually go through this process in a
thoughtful way that respects the fact that these are our citizens'
resources which we tend to bulk together in a way that it is not
transparent.
Our President, on March 11--and I agree with him very much on this--
said that future spending bills should be debated and voted on in an
orderly way and sent to his desk without delay or obstruction so we
don't face another massive last-minute omnibus bill like this one--and
he was talking about the bill that we passed. I could not agree more
with the President in that regard. I think what we have seen is that we
have not had the ability to examine the thousands of earmarks that are
placed in these bills. We have not had a process that is transparent.
In an effort to aid this process in such a manner that we do have some
degree of fiscal discipline in this body, 41 Republican Senators have
signed a letter which states that we believe that by the August recess
at least eight appropriations bills should be voted on in singular
fashion--eight single bills by the August recess.
This body has on many occasions taken up each appropriations bill by
itself, fully debated it, discussed the earmarks, discussed the things
that cause these bills not to be appropriate, had amendments, and
passed these bills out of the Senate. So these 41 Republicans stand
together urging the leader of the Senate, urging the Appropriations
Committee to follow this best way of doing business, and that is to
vote on these bills individually. Obviously, we hope this occurs. And
certainly as part of the Senate process, in the event that we are not
able to meet those objectives, we will avail ourselves of all
appropriate procedural methods to ensure that is the case.
Mr. President, I thank you for the time this morning, and I ask
unanimous consent to have printed in the Record the letter signed by
all 41 Republican Senators.
There being no objection, the material was ordered to be printed in
the Record, as follows:
U.S. Senate,
Washington, DC, March 24, 2009.
Hon. Harry Reid,
Majority Leader, U.S. Senate,
Washington, DC,
Dear Majority Leader Reid: As you develop the legislative
calendar for the rest of this fiscal year we believe it is
critical to allocate an appropriate amount of time for the
Senate to consider, vote and initiate the conference process
on each of the twelve appropriations bills independently
through a deliberative and transparent process on the Senate
floor.
For a variety of reasons, over the past several years, the
Senate has failed to debate, amend and pass each of the bills
separately prior to the end of the fiscal year. Far too often
this has resulted in the creation of omnibus appropriations
bills that have been brought to the floor so late in the
fiscal year that Senators have been forced to either pass a
continuing resolution, shut down government or consider an
omnibus bill. These omnibus bills have not allowed for
adequate public review and have clouded what should otherwise
be a transparent process. As our President said on March 11,
2009, he expects future spending bills to be, ``. . . debated
and voted on in an orderly way and sent to (his) desk without
delay or obstruction so that we don't face another massive,
last minute omnibus bill like this one.''
The Senate should begin floor consideration of the
appropriations bills during the early summer months to ensure
that an appropriate amount of time is available to examine,
debate and vote on amendments to the bills. We believe the
Senate should pass at least eight of the appropriations bills
by the August recess. In order to press for a more
transparent process, we will consider using all available
procedural tools to guarantee regular order for
appropriations bills.
Noting our intentions, we hope you will plan accordingly as
you work with the leadership of the House to develop the
legislative calendar for the rest of this fiscal year. Thank
you for your time and consideration.
Sincerely,
Bob Corker; Thad Cochran; John McCain; Judd Gregg; Roger
F. Wicker; Jeff Sessions; David Vitter; Jim DeMint;
John Thune; Lindsey Graham; Lamar Alexander; John
Ensign; Saxby Chambliss; James M. Inhofe; Tom Coburn;
Robert F. Bennett; Jon Kyl; Richard Burr; Mel Martinez;
James E. Risch; John Barrasso; Michael B. Enzi;
Christopher S. Bond; Pat Roberts; George V. Voinovich;
Chuck Grassley; Mike Johanns; Arien Specter; Richard C.
Shelby; Mike Crapo; John Cornyn; Orrin G. Hatch;
Olympia J. Snowe; Susan M. Collins; Richard G. Lugar;
Johnny Isakson; Kay Bailey Hutchison; Lisa Murkowski;
Jim Bunning; Sam Brownback; Mitch McConnell.
Mr. CORKER. Mr. President, I yield the floor, and I suggest the
absence of a quorum.
The ACTING PRESIDENT pro tempore. The clerk will call the roll.
The legislative clerk proceeded to call the roll.
Mr. ALEXANDER. Mr. President, I ask unanimous consent the order for
the quorum call be rescinded.
The ACTING PRESIDENT pro tempore. Without objection, it is so
ordered.
Mr. ALEXANDER. Would the Chair please advise me when I have used 10
minutes.
The ACTING PRESIDENT pro tempore. The Chair will do so.
____________________
THE BUDGET
Mr. ALEXANDER. Mr. President, one of the encouraging things that
happened in Washington this year is that the President sent us a budget
that was more transparent and more open than previous budgets. It was a
10-year budget instead of 5 years. It gave us a blueprint for the
future in that way, the way we ought to be thinking about things. It
included some things that had not been included before: the cost of the
war; the so-called AMT fix--to address the millionaire's tax the
Congress passed in the 1960s designed to catch 155 people who were not
paying any taxes, but today will catch 28 million people, mostly
middle-class Americans, unless we fix it; and what around here is
irreverently called the ``doc fix,'' to deal with the mandated 20-
percent cut in what Medicare pays its physicians. That cut in physician
payments is not going to happen, we know that, so the President
included that in the budget. There was money for helping to fix the
banks, to get the toxic assets out of the banks and get credit flowing
again, get the economy moving again, and that was in the budget.
On big issues like health care, the President said: Let's work in a
bipartisan way. I invite the Congress to come up with a bill. Many
Members of Congress said the same thing. The President held a health
care summit earlier this month. I agree with the President we should
try to reform health care this year. Most Republicans agree with that,
that we need to make it possible for every single family to afford
health insurance. People who are losing their jobs today or were
between jobs ever understand what difficulty this causes families. So
that was encouraging.
Now, I hear some very different sounds coming from around the
Congress. It makes me wonder who is in charge here. I hear that instead
of a 10-year budget, we may have a 5-year budget. The problem with the
5-year budget is most of the problems in the 10-year budget are in the
second 5 years. This budget spends too much, taxes too much, borrows
too much. It doubles the debt in 5 years, the national debt, and it
nearly triples the national debt in the 10-year period. So we need to
know where we are headed
[[Page 8507]]
with this budget, and we will not know if we just talk about the next 5
years.
I hear that we are going to act like the so-called millionaire's tax,
the AMT, is fixed. That is not fixed; we have to deal with it. The
``doc fix'' to avoid cuts in physician payments? We are just not going
to include that in the budget, so I hear. We are going to have to deal
with that. We all know we are going to have to deal with that. We ought
to put that in the budget. The cost of the war should be there. We need
to recognize the first order of business in this country is to fix the
banks and get credit flowing again.
Secretary Geithner came forward with a plan on Monday that I hope
works. At least for the first time we are beginning to address the
central problem of what we do about the toxic assets in the banks that
are causing the banks to freeze up and not loan, bringing everything to
a halt. Get the toxic assets out and lending increases, houses begin to
sell, jobs begin to be created again, people go back to work, the
economy improves.
So it was a very prudent thing for the President to put in his budget
a $250 billion placeholder for the banks. He may need to ask us for
that. In my view, I thought he should have asked us for it in January.
I thought, instead of passing a $1 trillion stimulus bill, borrowing
and spending money we don't have, that it would have been better for
President Obama to do now as President Eisenhower did in 1952 when he
said: I shall go to Korea. And he went to Korea. That was the issue
then. It was not the only issue then, just like today there are lots of
different things Presidents need to do. But Eisenhower said: I will go
to Korea. He arrived there just a few days after Thanksgiving. He said:
I will honorably focus my attention on the war until it is ended. The
people elected him for that and he did that and he gained the
confidence of the American people.
I and most Americans have great confidence in this President. If
President Obama, in the same way that President Eisenhower said he
would go to Korea, says he will fix the banks and he will get credit
flowing and he will honorably concentrate his focus on that until the
job is done--I think we believe he can do that. So he was right to put
the money in the budget, which I understand now may be coming out.
So we have a budget that is not really a budget anymore. It is not a
clear picture. While I have been very complimentary of the President
for his straightforwardness in the budget, that does not mean I have to
like what is in the budget because I do not. But before I get to that
part of it, let me talk about the two things that concern me most about
what may be coming down the road and which I hope do not come. One of
them is the idea that we would use the budget to pass a health care
bill to transform the health care system and the American economy. The
second is the idea that we would use the budget to impose a national
sales tax on electric bills, gasoline prices, and all energy--in other
words, to impose a cap-and-trade system on virtually the whole economy.
We need to reform health care. We need to debate climate change and
cap and trade. But we need to do it in the way the Congress is supposed
to do it, not by slipping it through with 51 votes when we are supposed
to be making a budget, just because we can do that.
Think about that for a moment. The President has created this
tremendously good environment for dealing with health care. He ran on a
campaign: I am going to change the way things are done in Washington.
People need to work across party lines to get things done on big issues
that affect the country.
That is what the President said. He is right about that. There are a
lot of new Senators who were elected saying the same thing. There are a
lot of Senators who have been here before, like me, who said exactly
this--I am here to try to work across party lines to get results on big
issues. There is not a bigger issue than health care, after we get
through fixing the banks.
The President had, as I mentioned, the health care summit at the
White House--off to a much better start, this President, than President
Clinton was when he tried to deal with the same issue early in his
administration. The President also had a fiscal responsibility summit
in February that I attended where health care was a major topic. We
were all there, and various people got up and said: We need to work on
this, do this together. The President wisely said: I am not going to
send a proposal. I am going to let the Congress develop a proposal. We
will work with you on these things.
Well, all of a sudden, we hear that the health care plan might be
coming through on the budget. How can we possibly do that? If the
President and Senate Democrats try to use this arcane budget procedure
to reform health care, it will be the Parliamentarian and his wonderful
staff who will end up writing the health care bill.
Health care is 17 percent of the American gross domestic product.
These are big issues. Are we going to have a single-payer system? Is
everybody going to have Medicare? Is anybody going to have a choice of
a doctor? Is anyone going to have a choice of an insurance policy? What
about the guaranteed costs? Will all Americans have the same kind of
health coverage that Federal employees, including Senators, have? Is
that a good idea? Will we give more permission to large employers to
connect behavior to health care premiums so that we can have more
prevention of disease? How much do we spend on people who are older and
where we are spending more time?
Mr. President, I do not believe there is another Republican speaker.
I ask unanimous consent to speak another 5 minutes.
The PRESIDING OFFICER (Mr. Bennet) Without objection, it is so
ordered.
Mr. ALEXANDER. The health care bill ought to be written by, as
Senators Baucus and Grassley have said, the Health and Finance
Committees, by the full Senate, with full participation. I mean,
technically, you know, the Democratic majority can say: We won the
election, we will write the bill. President Bush was Commander in
Chief, and technically he could wage war in Iraq without the bipartisan
support of Congress. But that helped him lose the support of the
country. It damaged his Presidency. And it will do the same for
President Obama if he is not allowed to continue on the path he began
on, which is a bipartisan effort in the Congress to bring a health care
bill this year.
I mean, the Republican leader of the Senate, in his first speech,
went to the National Press Club here in Washington and he said: Mr.
President, I am ready to work with you across party lines on
entitlements. The most explosive, runaway cost in Government is
Medicare and Medicaid. And it is better to reform health care before we
put reduced costs on Medicaid. If we just put caps on the existing
system, it would blow up.
So we are ready to do that. I don't know what more the Republicans
could say to send this clear message: We are ready to work across party
lines. And the President has said it himself. So why are we having this
debate about whether to pass a health care bill as part of the budget.
That is not right for the country, and it needs to stop today.
The idea of passing a so-called cap-and-trade energy tax in the
middle of a recession as part of the budget--that is equally unwise.
This is a major new idea and proposal, to impose this national tax on
the country that produces 25 percent of all of the money in the world
and 25 percent of all of the energy in the world. And we have no idea
what it would do. We do know one thing it would do: it would raise
prices a lot. It would raise the price of your electric bill by a lot,
and it would raise the price of your gasoline at the pump by a lot.
That may not be as much of a problem today as it was a year ago. When
gas goes back up to $3 or $3.50, you can be sure there will be plenty
of people worrying about it. And when they hear that a national energy
tax applied to gasoline, to fuel, has the effect in the first several
years of raising the price of gasoline but not reducing the carbon that
causes climate change, they are going to be really mad about
[[Page 8508]]
that because they will say: Then why did you do that? I care about
climate change, they may say, but why would you impose a remedy on me
that raises my price but doesn't do anything about the carbon I am
worried about?
Some might say: Well, what we should have done is have a low-carbon
fuel standard that would gradually kick in, give the economy a chance
to adjust, so that we can, for example, be driving electric cars which
we can plug in at night using power generated by existing nuclear
plants and coal plants. We don't have to build one new power plant, not
one new coal plant, not one new windmill for the purpose of charging
these new electric cars. So we could have a low carbon fuel standard,
plug our plug-in cars in at night, and that would be a better result
than putting a big, new national sales tax on the economy in the middle
of a recession.
There are a lot of questions about this proposal even if we weren't
in a recession. Creating a big slush fund here in Washington--nothing
more dangerous than that. You saw that with the stimulus bill. Put a
trillion dollars out here, and Congress goes crazy. Everybody has an
idea about what to do. We can all spend money. And if we bring all of
this money in here, Congress will find a way to spend it. And I
guarantee, it is a lot of money. This tax would raise $60, $80, $100
billion a year and bring it to Washington. The President says: Well, we
ought to give most of it back to the people. Well, which people? In
what way? Why not all of it? That should be a debate.
Should this tax be economy-wide, if we ever have it? Why not do as I
have suggested and just put a cap and trade on power plants--that is 40
percent of carbon--and a low-carbon fuel standard on fuel--that is
another 30 percent. So why do you need an economy-wide cap and trade to
affect small business and farms and manufacturing?
And then who gets all of the money raised from this energy tax? A lot
of the big companies came up to Capitol Hill when they first heard
about this cap and trade proposal. They saw a lot of money coming into
Washington and they thought they might get free allowances to produce
carbon. But now the President wants to spend all of that money, and the
companies are not so sure they like the idea anymore.
What about offsets? Offsets are a racket. You know, they have become
a racket. Somebody saves a little carbon in Madagascar. Well, you get
credit for it in the United States. There is not much of a way to
police that, and it is not a very good idea.
This carbon tax, this national sales tax, goes all the way to 2050.
So it takes $60, $80 $120, $150 billion a year out of the economy--
maybe not doing everything it's expected to do--in the name of dealing
with climate change.
Well, the first thing is, imposing this new tax in the middle of a
recession is a supremely bad idea.
Second, that doesn't mean we have to stop our efforts to deal with
climate change and clean air. In fact, we can accelerate our clean
energy efforts. They begin with the 2005 Energy bill. I see the ranking
member of the Energy Committee on the floor, Senator Murkowski. She was
a major part of that, and she will be a major part of this debate as we
go along. But we can promote conservation and efficiency without having
a national tax on every electric bill.
As Al Gore has said, buildings are 40 percent of carbon. So let's go
to work on that. I know that in Tennessee we waste more energy than any
other State. We have the highest use per capita of electricity. If we
just changed 12 lightbulbs in each house, we could save the equivalent
of a nuclear power plant. That would be a smart thing to do. Let's
start with conservation and efficiency. Let's electrify half of our
cars and trucks. We can do that because the automobile companies are
building the cars and trucks. Let's plug them in at night when the
electricity is cheap. We don't have to build one new power plant, the
Brookings Institute says.
Three, let's make solar power cost competitive with power from fossil
fuels. We have been really miserly about energy research and
development, and we ought to be bending over backward to put money
wisely to make solar costs competitive, as the National Academy of
Engineering says, to find a way to capture carbon from existing coal
plants, to find ways to reprocess nuclear waste.
While we are worrying about carbon, why don't we set as a goal to
build 100 new nuclear power plants. Nuclear power is 20 percent of our
electricity, but it is 70 percent of our carbon-free, nitrogen-free,
sulfur-free, and mercury-free electricity. Why are we going slow on it?
So we would say no to higher taxes, higher prices, and more
subsidies--certainly not in the middle of a recession--and yes to more
conservation, more efficiency, more nuclear power, more electric cars,
and more research and development on solar, advanced biofuels, nuclear,
and carbon capture. That is a pretty good agenda for dealing with clear
air and climate change, and it doesn't impose an unwise, multibillion
dollar national tax on electric bills in the middle of a recession,
which would hurt the economy.
Mr. President, I ask unanimous consent to have printed in the Record
a couple of letters. One is a letter from a number of Senators--looks
like more than two dozen--opposing using the budget reconciliation
process to expedite passage of climate legislation. A second letter
comes from the Republican members of the Committee on Environment and
Public Works. It objects to collecting $646 billion in new climate
revenues from the American people in the middle of a recession.
There being no objection, the material was ordered to be printed in
the Record, as follows:
U.S. Senate,
Washington, DC, March 12, 2009.
Hon. Kent Conrad,
Chairman, Committee on Budget, U.S. Senate, Washington, DC.
Hon. Judd Gregg,
Ranking Member, Committee on Budget, U.S. Senate, Washington,
DC.
Dear Chairman Conrad and Ranking Member Gregg: We oppose
using the budget reconciliation process to expedite passage
of climate legislation.
Enactment of a cap-and-trade regime is likely to influence
nearly every feature of the U.S. economy. Legislation so far-
reaching should be fully vetted and given appropriate time
for debate, something the budget reconciliation process does
not allow. Using this procedure would circumvent normal
Senate practice and would be inconsistent with the
Administration's stated goals of bipartisanship, cooperation,
and openness.
We commend you for holding the recent hearing, entitled
``Procedures for Consideration of the Budget Resolution/
Reconciliation,'' which discussed important recommendations
for the upcoming budget debate. Maintaining integrity in the
budget process is critical to safeguarding the fiscal health
of the United States in these challenging times.
Sincerely,
Mike Johanns; Robert C. Byrd; David Vitter; Blanche L.
Lincoln; George V. Voinovich; Carl Levin; Johnny
Isakson; Evan Bayh; Christopher S. Bond; Mary Landrieu;
James E. Risch; E. Benjamin Nelson; Lamar Alexander;
Robert P. Casey, Jr.; Michael B. Enzi; John McCain; Tom
Coburn; Jim Bunning; John Barrasso; John Ensign; Bob
Corker; James M. Inhofe; Chuck Grassley; Roger F.
Wicker; Mike Crapo; Susan M. Collins; Thad Cochran; Kay
Bailey Hutchison; Mark L. Pryor; Lisa Murkowski; Pat
Roberts; Saxby Chambliss; Sam Brownback.
____
U.S. Senate, Committee on Environment and Public Works,
Washington, DC, March 19, 2009.
Dear Colleague: The President's 2010 Budget proposal
contains a risky, ill defined new energy tax that has the
potential to continue the economic recession for many years
to come. We are writing this letter to alert you to this
situation and ask that you join us in a budget resolution
amendment to strike any such provision.
Specifically, the President's 2010 Budget proposal asks to
collect $646 billion dollars in new ``Climate Revenues'' from
the American people. The government will collect these new
revenues through a cap and trade scheme in which
``allowances'' are sold to the highest bidder. The government
won't tax consumers directly, but it will impose new costs on
energy producers and users who will in turn pass those higher
costs on to consumers, which will result in higher
electricity bills, gasoline prices, grocery bills, and
anything else made from conventional energy sources. In
short, consumers will feel as if they are paying a new tax on
energy.
[[Page 8509]]
The stated price tag for this new energy tax is $646
billion, yet recent news reports indicate that administration
officials are privately admitting their program will actually
generate between ``two and three times'' this amount of
revenue, or between $1.3 trillion and $1.9 trillion, However,
these numbers represent only the cost from 2012 through 2019.
The budget summary describes the energy tax extending at
least through 2050. At the 2012 through 2019 average annual
rate, families and workers would face through 2050 between
$6.3 trillion and $9.3 trillion in higher energy taxes.
On the Environment and Public Works (EPW) Committee, we
have had experience with these types of proposals. We, and
the full Senate, debated a proposal by Senators Boxer,
Lieberman and Warner that the sponsors themselves indicated
would generate $6.7 trillion from consumers. As you may
recall, the Senate defeated this proposal, in part because
the U.S. Environmental Protection Agency (EPA) estimated that
by 2050 it would annually cost the average family $4,377 and
raise gasoline prices $1.40 per gallon. Experts estimated it
would kill up to 4 million jobs by 2030. As you can see, a
$4,377 per family total cost or a lost job would greatly
outweigh any $800 per family payroll tax break offered by the
administration.
The budget resolution is not the right place for the
careful bipartisan dialogue we need to get these issues
straight, or to fully account for the legitimate concerns of
energy consumers, economists, and industry. While the budget
resolution the Senate will debate is not yet available, we
will offer an amendment to strip any climate revenue
provision it contains. We urge you to be ready to join our
efforts to resist the erosion of proper democratic
principles.
Sincerely,
Senator James M. Inhofe,
Ranking Member.
John Barrasso,
U.S. Senator.
David Vitter,
U.S. Senator.
Mike Crapo,
U.S. Senator.
Christopher S. Bond,
U.S. Senator.
George V. Voinovidh,
U.S. Senator.
Arlen Specter,
U.S. Senator.
Lamar Alexander,
U.S. Senator.
Mr. ALEXANDER. Senator Byrd, our senior Member of this body, wrote
the budget legislation that created the reconciliation process. He has
told us that. He has reminded us of that. He talked about how he sat in
his office for 10 days and did it to get it right. This is what he
said:
I was one of the authors of the legislation that created the budget
reconciliation process in 1974. I am certain that putting health care
reform and climate change legislation on a freight train through
Congress is an outrage that must be resisted.
That is Senator Robert Byrd, the senior Democrat, the senior Senator
who wrote budget reconciliation.
Senator Conrad, Senator Baucus, Senator Dorgan, Senator Carper, and
many others have said basically the same thing: We agree. Don't use the
reconciliation to ram through health care reform.
So let's take the budget in the next 10 days, let's debate it, let's
have our differences of opinion, but then let's follow the President's
wise beginning on health care and reform it this year in the way he has
suggested and the way he campaigned on. And let's take the energy issue
and the climate change issue and let's look carefully at how we have
the right clean energy strategy, which some of us believe is different
from just taxes and high prices and more subsidies.
As far as the budget in general, we believe it spends too much, it
taxes too much, and it borrows too much. If I could conclude with only
one example of how that excessive borrowing will hurt the economy and
hurt the country--an example that helps to illustrate why this 10-year
budget the President set is a blueprint for a different kind of
country, one with less freedom, one with more Government, and one which
our children cannot afford--if there were any one example of why that
is true, this would be it: It would be the amount of interest on the
debt we will be paying in the 10th year of the budget sent by President
Obama.
In that year, interest on the debt will be $806 billion. The amount
of spending on defense by the Federal Government in that year is
projected to be $720 billion. So we will be spending more on interest
than we do on defense.
Federal spending on education in that year would be $95 billion. So
we would be spending eight times as much on interest as we would on
education.
In the 10th year of the budget, $100 billion is allocated for
transportation spending by the Federal Government on things like roads
and bridges that need to be fixed--we agree on that, and we would like
to have the money to do it. But we will be spending on interest alone
eight times what we will be spending on transportation.
When I was Governor of Tennessee, we were a low-tax, low-debt State.
The reason we did not have much debt is because for every penny we did
not have to pay in interest, we could pay it for a teacher's salary, we
could improve a prenatal health care clinic, we could build a road, we
could have a center of excellence at the university. So low debt means
more money for the things we really want to have to invest in this
country to make it a better place.
The President's budget is straightforward. Give the President credit.
The attempts by Congress to make it gimmicky and less transparent are
deplorable. The idea of trying to pass a health care reform proposal
that affects 17 percent of the economy and to impose a national sales
tax on the entire energy system during a recession is a bad idea.
What we should do is take this 10-year budget, whittle it back to
size so it doesn't spend so much, doesn't borrow so much and doesn't
tax so much and move ahead with a blueprint that maintains our freedom,
that limits our Government, that preserves choices and that our
children and grandchildren can afford.
I yield the floor.
____________________
CONCLUSION OF MORNING BUSINESS
The PRESIDING OFFICER. Morning business is closed.
____________________
NATIONAL SERVICE REAUTHORIZATION ACT
The PRESIDING OFFICER. Under the previous order, the Senate will
resume consideration of H.R. 1388, which the clerk will report.
The legislative clerk read as follows:
A bill (H.R. 1388) to reauthorize and reform the national
service laws.
Pending:
Mikulski amendment No. 687, in the nature of a substitute.
Crapo-Corker amendment No. 688 (to amendment No. 687), to
increase the borrowing authority of the Federal Deposit
Insurance Corporation.
Johanns amendment No. 693 (to amendment No. 687), to ensure
that organizations promoting competitive and non-competitive
sporting events involving individuals with disabilities may
receive direct and indirect assistance to carry out national
service programs.
Baucus-Grassley amendment No. 692 (to amendment No. 687),
to establish a Nonprofit Capacity Building Program.
Amendment No. 691 to Amendment No. 687
The PRESIDING OFFICER. The Senator from Alaska.
Ms. MURKOWSKI. Mr. President, I understand that an amendment is
pending; is that correct?
The PRESIDING OFFICER. The Senator is correct.
Ms. MURKOWSKI. I ask unanimous consent to set aside the pending
amendment for purposes of offering an amendment.
The PRESIDING OFFICER. Without objection, it is so ordered.
The clerk will report.
The legislative clerk read as follows:
The Senator from Alaska [Ms. Murkowski], for herself, Mr.
Dorgan, Mr. Bingaman, and Mr. Barrasso, proposes an amendment
numbered 691 to amendment No. 687.
Ms. MURKOWSKI. I ask unanimous consent that reading of the amendment
be dispensed with.
The PRESIDING OFFICER. Without objection, it is so ordered.
The amendment is as follows:
(Purpose: To modify certain provisions relating to Native Americans)
Section 129(d) of the National and Community Service Act of
1990 (as amended by section 1306) is amended by striking
``and to nonprofit organizations seeking to operate a
national service program in 2 or more of those States'' and
inserting ``, to nonprofit
[[Page 8510]]
organizations seeking to operate a national service program
in 2 or more of those States, and to Indian tribes''.
Section 193A(b)(23) of the National and Community Service
Act of 1990 (as amended by section 1704(1)) is amended by
striking ``and collect information on challenges facing
Native American communities'' and inserting ``collect
information on challenges facing Native American communities,
and designate a Strategic Advisor for Native American Affairs
to be responsible for the execution of those activities under
the national service laws''.
Ms. MURKOWSKI. Mr. President, before I speak to the amendment I have
sent to the desk on behalf of my colleague, Senator Dorgan, and others,
I would like to speak generally to the measure before us, the Serve
America Act. I am a strong supporter of volunteer service, including
Global Youth Service Day. I am proud and pleased that this
reauthorization has been developed and brought to the floor in a
bipartisan manner. The work done on this legislation is the product of
the best tradition of the Senate HELP Committee and of the Senate
itself. I offer my congratulations to those who have worked very hard
on this--Senators Kennedy, Mikulski, Hatch, Enzi--and all their very
hard-working staff who do a good job.
I also thank some very professional and dedicated people in the State
of Alaska for their thorough review of and comments on the various
drafts of the legislation. We would send it off to them and get good
response back, good feedback. I appreciate that.
They include: Nita Madsen, executive director of Serve Alaska, and
her staff; Rachel Morse and all the great people at RurAL CAP who
implement AmeriCorps and VISTA programs; Denise Daniello at the Alaska
Commission on Aging; Angela Salerno at the Alaska Department of Health
and Social Services; and many others who were helpful in providing
insights from the providers' perspective.
AmeriCorps and the VISTA programs are a vital part of Alaska's
communities. I would like to take a few minutes this morning to give
some of the examples of their valuable work in the State and to
congratulate the volunteers for their service.
For more than 10 years, AmeriCorps volunteers with the Student
Conservation Association have served Alaska and the Nation on our
public lands in Denali National Park and Preserve, the Kenai Fjords,
and Lake Clark National Park and Preserve. Every year over 1 million
people visit Alaska to see these natural resources, to hike and camp
and fish and explore. The conservation service provided by these
students helps protect scenic beauty of our State, including the
volcanoes, glaciers, wild rivers, and waterfalls.
My family and I hiked the Chilkoot Trail a couple years ago and ran
into a group of AmeriCorps volunteers who were out on the trail
building and refurbishing some of the old historic cabins along the way
and making the trail safe for its many visitors.
The students also research and monitor fish and wildlife populations
as well as watersheds that are essential for the red salmon. This year
80 of SCA's AmeriCorps volunteers will work in Cook Inlet in the
watershed there to monitor and support active fish management. In
addition to providing natural resource stewardship, visitor services,
and environmental education, their work supports Alaska's key economic
engines which are our fisheries and tourism.
In 2008, SCA placed over 236 high school students and college interns
in Alaska who provided over 76,000 service hours, valued at over $1.5
million. In Alaska last year, there were also 64 VISTA volunteers who
served with 18 project sponsors. I will give a little snapshot of one
of those projects. It was at Juneau-Douglas High School, the CHOICE
project. The CHOICE Program, which is Choosing Healthy Options in
Cooperative Education, focuses on improving the academic achievement of
100 at-risk students at Juneau-Douglas High School. The VISTA
volunteers help the students develop a sense of belonging and ownership
within CHOICE, the high school, and the community at large. So VISTA
not only involves the CHOICE students in the community; they also
involve the community in the education and learning of the students.
Our VISTA coordinator, Jennifer Knaggs, recruited 42 community members
to provide internships in State and local offices in the agencies and
in the local businesses. In conjunction with the National Council on
Alcohol and Drug Dependency, she helped facilitate three Alaska teen
institute retreats. She also organized and coordinated the Beyond
School Program, in which six community volunteers teach small groups of
high school freshmen a hands-on, real life skill, such as Tlingit
carving, writing and producing radio public service announcements about
healthy choices, creating short video biographies of tribal elders, and
visual promotions of healthy choices within the school.
In a small community such as Juneau, retention of internships is no
small feat. Students have reported very positive experiences with their
internships and their hosts, and the performance we are seeing coming
out of these kids is great. They are proud of their accomplishments.
The students have become involved in the community, and it is a real
win.
The great public servants who run Alaska's national service programs
have noted the many positive aspects of this reauthorization for
increasing the recruitment and retention of volunteers, focusing on
directions Alaska has already begun to move toward, and increasing the
accountability for positive outcomes. In their view, there are a few
items they look to in the Serve America Act that are especially
helpful. The first is the increase in the living allowance and
education awards. It has the potential to increase the recruitment and
the retention of AmeriCorps members, especially from rural Alaskan
communities. Also, it allows senior volunteers to transfer the
education award to a child or a grandchildren. Again, this will help
with recruitment efforts. It increases focus on individuals with a
disability, paralleling one of the focus areas of our Alaska State
Commission. Increasing the connection with the Commission on Aging and
Intergenerational Programs also meets another one of Alaska's
performance measures. So having this provision in the act will assist
with moving this partnership forward.
The accountability provisions will strengthen the State service plan.
Having a minimum amount for the formula grants for both AmeriCorps and
Learn and Serve is very good for the State of Alaska and other States
that have equally small populations. The increase for the operation of
the State Commission is a positive; even if obtaining the required 1-
to-1 match will be challenging for a State such as ours, we believe it
is a positive step.
From the perspective of one of Alaska's largest service grantees,
they noted the following: The effort to expand and improve
opportunities for national and community service should positively
benefit Alaska's engagement in the service; the grouping of ``corps''
for the service programs into Education Corps, Healthy Future Corps,
Clean Energy Service Corps, Opportunity Corps or Veterans Corps,
coupled with defined performance indicators, will add value to the
existing Corporation for Community and National Service framework;
linking the value of the education award to the maximum value of the
Pell grant will improve the strength and success of AmeriCorps programs
in Alaska; increasing the AmeriCorps living allowance from $16,000 to
$18,000 will especially benefit the programs serving rural Alaskan
communities.
Let me speak to the amendment I have called up. This is amendment No.
691, offered on behalf of my colleague, Senator Dorgan. This amendment
to the Serve America Act designates a tribal liaison for the
Corporation for National and Community Service and keeps Indian tribes
as eligible under existing law for nationally competitive grants. The
corporation has recognized the need for a tribal liaison position and
has designated an individual to reach out to Native American
communities. This amendment will make that position permanent. The
tribal liaison
[[Page 8511]]
will work across all programs and support units to increase Native
participation in national service and help to develop and enhance
programming to address the unique needs of Native American communities.
In addition, we propose to keep Indian tribes as eligible under
existing law for nationally competitive grants. Current law allows
tribes to compete for funds with States and national nonprofit
organizations. This amendment would maintain the eligibility of tribes
to compete with States and national nonprofit organizations for
national competitive grants. Many of these activities and indicators
under the proposed corps in this act are directly applicable to Indian
Country, and access to these grants with the assistance of a tribal
liaison is important. We recognize that the education of American
Indians and Alaska Natives lags far behind that of the rest of the
country, and the provisions of the Education Corps will help address
these needs by providing mentors and tutors to Native students.
Likewise, the Healthy Futures Corps would help address the lack of
access to health care on many of our reservations.
Likewise, the Healthy Futures Corps will help address the lack of
access to health care on many of our reservations. American Indians
have higher disease rates and lower life expectancy than the general
population. Volunteers serving in the Healthy Futures Corps could
assist those who live on reservations or in Alaskan communities in
obtaining health services.
I encourage my colleagues to look at the amendment and provide
support for this important tribal liaison and in retaining tribal
eligibility for competitive grants within the Corporation for National
and Community Service.
I thank Senators Kennedy, Mikulski, Hatch, and Enzi for their
dedication to public service and congratulate them on what I believe is
good legislation.
I yield the floor.
The PRESIDING OFFICER. The Senator from Utah.
Mr. HATCH. Mr. President, I, personally, congratulate the
distinguished Senator from Alaska for her comments. She has a very
important amendment to this bill. I assure her we will work that out so
we don't have to have a vote on it. If we do have to go to a vote, we
will, but the fact is I think we can work that out. It is a very good
amendment. Personally, we want to have those funds as part of this
bill. We will work it out.
I want to take a few minutes and pay tribute to some of the wonderful
national service efforts that have gone on in my home State of Utah. As
I have said throughout this debate, Americans are the most generous and
energetic people in the world. Indeed, a volunteer spirit is encoded
into our country's cultural DNA. Nowhere is this concept better
exemplified than in my home State.
According to the Corporation for National and Community Service,
between 2005 and 2007, an average 792,000 Utahns gave 146.9 million
hours of service every year. Using Independent Sector's estimate of the
dollar value of a volunteer, the estimated contribution of these
efforts is $2.9 billion annually. Nearly 44 percent of all Utahns do
some sort of volunteer service every year, making Utah's volunteerism
rate No. 1 in America, more than 4 percent higher than the State ranked
second.
Salt Lake City, UT the second-highest volunteerism rate of any major
metropolitan area in the country at 37.2 percent. Among midsize cities,
Provo, UT has the Nation's highest volunteerism rate at 63.8 percent,
with Ogden, UT coming in at No. 4 with a rate of 41 percent. Much of
this volunteer work is done by members of the Mormon church in food
canneries and storehouses as they stockpile food and supplies for those
in need, whether they be members of the church or nonmembers. As with
any community, volunteerism in Utah comes in a variety of forms.
In addition to the privately-led projects throughout the State,
national service programs have had a profound impact on communities
throughout the State of Utah. For example, there is the Utah AmeriCorps
Literacy Initiative, which currently manages programs in 66 schools
covering the entire State of Utah, including both urban and rural
communities. There are 87 AmeriCorps members in the program who recruit
and train community volunteers to tutor struggling readers.
Unfortunately, the current budget situation in Utah is similar to
those faced by State governments around the country. As a result, Utah
schools have been required to cut their budgets 4 percent this year and
5 percent for next year. However, national service participants have
been able to step up and fill the void in schools left by the reduction
in the State education workforce. Several teachers' aides whose
positions have been downsized due to the budget cuts will be qualified
to participate in the Literacy Initiative next year and, accordingly,
will receive a small living allowance and an educational award which
will allow them to get further training, broadening their skills to
obtain gainful employment.
Over the past 5 years, this program has helped over 8,000 elementary
schoolchildren serve as mentors, helping younger children improve their
reading. The average growth in reading for both the mentor and the
mentee they are helping has been one full grade level over the course
of the 9-week program. In addition, through this initiative, over 2,000
children have received one-on-one tutoring from community volunteers
twice a week over the course of a 30-week program. These are children
who did not pass the Utah State End of Level tests the previous year.
After 1 year of tutoring through the Utah AmeriCorps Literacy
Initiative, 62 percent of the students passed that test at a proficient
level.
I think this program exemplifies what we are trying to accomplish
with this legislation. All of this work, which has improved the
education of literally thousands of students and leveraged the efforts
of thousands of other students and community volunteers, has been
anchored by a small group of only 87 AmeriCorps members. That is pretty
phenomenal when you think about it. Why wouldn't we want to expand this
approach? It seems to me it is something we ought to be doing
everywhere.
I am convinced that, once this bill is passed, we will see more
programs such as this spring up over time, not only in Utah but
throughout the country. They will be buoyed by the increased direction,
efficiency, and accountability that this legislation will add to the
existing national service structure. In the end, more people will be
helped, more traditional volunteers will be put to work in their
communities, and more of our Nation's problems will be solved.
That is precisely the point of this legislation.
Mr. President, I suggest the absence of a quorum.
The PRESIDING OFFICER. The clerk will call the roll.
The legislative clerk proceeded to call the roll.
Mr. HATCH. Mr. President, I ask unanimous consent that the order for
the quorum call be rescinded.
The PRESIDING OFFICER. Without objection, it is so ordered.
Mr. HATCH. Mr. President, thus far, we have had what I believe to be
a constructive discussion regarding the Serve America Act. We have seen
some fine amendments, and Senator Mikulski and I are working together
to try to accommodate as many Members as possible. I said at the outset
that I hope we can avoid a situation where too many changes to this
bill would eventually split the bipartisan support the bill has
enjoyed. So far, this does not appear to be a problem.
As we continue to debate this important piece of legislation, it is
my hope these constructive efforts will continue. This is a good
opportunity for us to set aside partisan differences and do some good
for the American people. I once again thank Senator Mikulski for her
efforts here on the floor to see this effort through.
I thank Senator Kennedy as well. Even though he has not been here,
except for the last cloture vote, he certainly has been working it from
home, and he has been on the phone regularly. We also have others who
have
[[Page 8512]]
worked on our side very diligently to try to make sure this bill
passes, and in the form it is in.
I mentioned yesterday that I believe the Serve America Act should be
a bipartisan bill, not because I believe it is either liberal or
conservative but because it is both. I think the bill plays to the
greatest strengths of those on both sides of the aisle. It marries what
is typically thought of as a ``liberal'' instinct for Government to
make proactive efforts to help those in need with the typical
``conservative'' desire to place more power in the hands of individuals
instead of the Government. It is not all that often we are able to work
together to find ways to satisfy both of these ideals, but I believe we
have done so with this legislation.
For me, the conservative case for this legislation has been obvious
from the beginning. Indeed, many of the provisions in the bill have
what I consider to be very conservative roots. In 1990, William F.
Buckley, Jr., one of the fathers of modern conservatism, who had served
in World War II, published a wonderful book called: ``Gratitude:
Reflections on What We Owe to Our Country.'' He became a staunch
advocate of national service, which he believed, ``like gravity, is
something we could accustom ourselves to, and grow to love.''
Buckley believed we owe a debt of gratitude to our country and
offered creative ideas for a plan for universal voluntary national
service for men and women 18 years and older. While the Serve America
Act is not so ambitious as to contemplate that national and community
service will become universal, it does provide more Americans
opportunities to serve, in the belief that our democracy and the values
of our free society take constant vigilance to preserve their vitality
and health. It is citizens, acting at the local level, who should play
the prominent role, not Government.
For the past several years, I have supported efforts to reposition
our Government's support of national and community service from the
perception of paying Federal ``volunteers'' to a more effective model
where Government provides a small amount of infrastructure and support
to community-based groups that are recruiting, training, and deploying
traditional volunteers. That model has worked. The number of
traditional, nonsubsidized volunteers who are leveraged into service by
existing national service programs dwarfs the number of participants
receiving Government assistance--by a ratio of nearly 30 to 1. We have
heard that statistic quoted many times during this debate, but I
believe it bears repeating.
This model is based on our faith in civil society--not distant
Government agencies--and a focus on the efforts of the traditional
volunteer. We know so many Americans show up to volunteer--to help with
a cause or to serve in the aftermath of a disaster--and are turned away
or are not well used. This is a waste of very precious resources. The
Serve America Act will help fix that by establishing a volunteer
generation fund that will help already successful service programs
devote more resources for the recruitment of volunteers, allowing them
to expand their efforts.
Help offered by a compassionate neighbor will always be superior to
Government-driven approaches designed in Washington. In recognition of
this fact, the Serve America Act ensures that the vast majority of
service efforts will be generated by local and private organizations
responding to community needs.
Young Americans, whose rates of unemployment have soared to more than
21 percent in a tough economy, with college graduates having the
highest unemployment rates ever, will be given new opportunities to
serve. The good news is that research tells us this is a sound and
efficient investment. Not only does it put many unemployed Americans to
work at a low cost to Government and meet urgent national needs, those
young adults most at risk in our communities gain more by serving
others than they do by being passive recipients of services. During
their terms of service, they gain valuable skills that help them secure
permanent employment at higher wages. They also outpace their
nonnational service peers in remaining committed to volunteer service
for the rest of their lives.
These platoons of civil society more often than not consist of faith-
based institutions. More Americans perform volunteer service through
church-sponsored and faith-based organizations than any other venue.
The Serve America Act continues the tradition of enabling volunteers to
serve through faith-based institutions in a variety of different ways,
including its new Serve America Fellowships and the State competitive
and formula grants that may be given to faith-based institutions
providing social services. This legislation also introduces new
indicators of accountability to ensure that investments generate
significant returns. For the Education Corps, for example, we want to
know how programs are improving student engagement, attendance,
behavior, academic achievement, graduation rates, and college-going
rates at high schools with high concentrations of low-income students.
Eligible entities for funding through the Education Corps must have a
proven record of improving or a promising strategy to improve
performance based on these indicators.
The days of simply funding programs that might make us feel better
but not generate results are over. Effective programs over time should
and will continue to get support, and ineffective programs will
ultimately be closed down. These indicators will help us make those
decisions.
America utilizes a number of indicators to regularly track the
country's economic progress, including unemployment, GDP, housing
starts, and more. But our country does very little to measure
indicators of our civic health. Even though an active, well-connected,
trusting, and engaged citizenry is fundamental to our vibrant
communities, a strong democracy is important, and our personal welfare
is important as well. So the Serve America Act provides for the
collection of data that can give us a snapshot every year of how
communities throughout the country are stacking up with respect to
rates of volunteering, charitable giving, connections to civic and
religious groups, knowledge of American history and government, and
more. Policymakers can use this data to strengthen efforts to increase
these activities. Indeed, this civic health index will pay dividends
through the policy spectrum.
Although some of my colleagues may argue otherwise, the Serve America
Act reflects what I believe are conservative values, and because of
this I believe many of my Republican colleagues will be on board with
this legislation. The bill is founded on a fundamental belief in the
power of people working at the local level to improve their communities
and country, a belief in looking first to community and faith-based
institutions to help solve our toughest challenges, a belief in public-
private partnerships where the cost is low to the Federal Government
and the return on investment very high, and a belief in tough
accountability for results and making sure we support only programs
that work and end the programs that don't.
But the Serve America Act is also about something deeper that we all
value whether we are liberal or conservative, Republican or Democrat.
It is about fostering a spirit of patriotism, a love of country, at a
time when that patriotism has been fractured somewhat by a tough
economy, institutions that fail, individuals whose schemes hurt people,
and distrust in government itself to have the answers.
Benjamin Rush, one of our Founding Fathers, wrote a brief text called
``On Patriotism'' in 1773 that captures my view of the subject and the
role that service plays. Here is what Benjamin Rush, one of the
Founders of this country, said:
Patriotism is as much a virtue as justice, and is as
necessary for the support of societies as natural affection
is for the support of families. The love of country is both a
moral and a religious duty. It comprehends not only love of
our neighbors, but of millions of our fellow citizens, not
only of the present, but of future generations.
[[Page 8513]]
I often think of our Nation's veterans when I read those words. I
think of the men and women serving during wars and campaigns from the
American Revolution through Operation Iraqi Freedom who literally had
us in mind when they sacrificed their own lives so those in future
generations might be free. Those who serve today--whether it is in the
military, in government, in national community service, or as
traditional volunteers--truly connect themselves to millions of their
fellow citizens, not only of today but of the future. Such service is
not only the means to our own happiness, it strengthens and makes this
country better. It makes better this country that we love so much.
These principles and ideals are the driving force behind this
legislation. Every Member of this body, whether they support this bill
or not, loves this country and has devoted his or her life to serving
it. I believe it is this devotion that we all share--the common belief
in something bigger than ourselves--that has led so many to support
this legislation. While I am convinced the final result will be pretty
lopsided in favor of passing this bill, I am going to keep trying to
get it as close to unanimous as I can. Toward that end, I urge all 99
of our Senate colleagues to support the Serve America Act.
I notice the distinguished majority whip is here and would like to
speak, so I will reserve my time and speak a little later on some of
the other aspects of this bill.
So with that, I yield the floor.
The PRESIDING OFFICER. The Senator from Illinois.
Mr. DURBIN. Mr. President, I wish to thank my friend and colleague
from Utah, Senator Orrin Hatch--and he is my friend. We have had many
political battles in the past, but we have also joined forces in doing
some things that I think are important for our Nation. I wish to thank
him for his continued support of the DREAM Act. This is a bill which we
kind of fought over on initial introduction; we both had the same idea.
We are going to continue to work together on that in years to come and,
I hope, see it to its successful conclusion. It is the kind of
commitment Senator Hatch has made to the ideals of our Nation which he
makes again in this Serve America Act.
This act is known on the Senate floor, depending on which side of the
aisle you sit, as the Kennedy-Hatch Act or the Hatch-Kennedy Act. It is
fitting that Senator Hatch would be teamed up with his old friend and
political rival from time to time, Senator Ted Kennedy, as they both
came together in a common effort to pass this important legislation.
I spoke earlier this week about the Serve America Act which is now
pending before the Senate and what it would mean to our Nation. Let me
tell my colleagues a few stories that I think illustrate it.
In my home State of Illinois, each year, 2.7 million volunteers
dedicate 302 million hours of service. The estimated economic worth of
that contribution and voluntary service is almost $6 billion a year.
More than 66,000 of these volunteers participate in national service
programs through 144 different projects and programs. Each of them has
a story to tell about a life they have influenced or changed: a mother
they have helped feed her family, a child they have helped to learn, or
a community that is cleaner and safer because they are working and
volunteering to make it that way.
All of these volunteers can also tell about how their time and
service improved their lives. Let me mention a few stories.
In Chicago, the City Year Program places young volunteers to work
full time in some of Chicago's neediest schools. They serve as tutors
and mentors and role models to the kids. A volunteer I talked to
recently tutored a young girl named Zariah. She was struggling with a
lot of problems in school, with reading and behavior. I won't hold it
against her--her behavior problem; I had the same problem, and I ended
up in the Senate. Zariah was in jeopardy of failing the fourth grade,
so this volunteer showed up and decided to take a personal interest in
her.
A few weeks after tutoring Zariah, this volunteer heard a little
voice cry out as he walked by the school. It was little Zariah, and she
was yelling to this volunteer tutor: I passed fourth grade. I passed
fourth grade.
What a reward for that volunteer and what a happy moment for that
child.
In Waukegan, IL, four AmeriCorps volunteers helped Habitat for
Humanity construct homes and train and recruit volunteers. One of the
AmeriCorps members told a story that I think is so heart-warming about
driving by a school every morning as an AmeriCorps volunteer, in their
notable jackets, and seeing a woman wave and cheer as they came by. She
wasn't a homeowner or volunteer herself. She was just a member of the
community, and she recognized the AmeriCorps jacket. She knew what the
volunteers were doing, and she wanted to say thank you with a wave and
a cheer each morning.
Throughout Illinois, the Equal Justice Works Summer Corps Program
provides crucial legal assistance to communities. Law students give
their time and talents in exchange for a very modest AmeriCorps
educational award of $1,000 for a summer of work, many of them turning
down far more lucrative opportunities in the private sector.
In 2008, the Summer Corps Program had 23 members serving in my State,
and they served over 1,000 low-income people who couldn't afford a
lawyer any other way. One of those corps members was Nichole Churchill
of Chicago. She spent a summer serving with the Children's Project of
the Legal Assistance Foundation working with parents, foster parents,
and adoptive parents. This is what she said about her time there:
It has opened my eyes to the myriad of problems that many
of our low-income clients face on a daily basis. This
experience has only strengthened my resolve to continue this
kind of work and to effectuate meaningful change in their
lives.
Those are only a few of many stories told from my State of Illinois.
This week we are considering a bill that will dramatically expand the
opportunities for voluntarism and service across America. The Serve
America Act will triple the number of national service participants to
250,000 participants within 8 years. Along with this dramatic
expansion, it is going to create a new corps within AmeriCorps focused
on areas of national need such as education, environment, health care,
economic opportunity, and giving a helping hand to our veterans.
We are expanding opportunities to serve for Americans at every stage
of life, too. Middle and high school students will be encouraged to
participate in service projects during the summer or during the school
year. By serving their communities early in life, these students will
be put on a path to a lifetime of service.
For working Americans who can't commit to a full-time volunteer job,
the bill provides opportunity for them to work part time in their
community. Retirees can be given a new opportunity to serve with the
existing Senior Corps and through new expansion.
The bill also increases the education award for the first time since
the creation of the national service program. I think that is a perfect
complement, that these good, well-meaning Americans would serve their
Nation and in return we would help them, give them a helping hand with
their education at a time when education is so expensive for so many
students. The education award in this program will be raised to the
Pell grant level which makes it easier for college students with
significant student loan debt to consider national service. The award
is transferable so that older volunteers can transfer the education
award to their children or grandchildren--a perfect generational
legacy.
Each American has the power to make a small difference in the success
of a child, the health of the environment, or the lives of their hungry
neighbors. All of those small differences repeated over and over again
can add up to something truly powerful, truly inspiring. This bill will
expand the opportunities for Americans to serve their communities.
President Obama has urged us to pass this on a
[[Page 8514]]
timely basis, and I am going to encourage my colleagues to fight off
the amendments which have nothing to do with this bill. Let's get this
one done and done right. Let's not get bogged down in a lot of other
issues that might be presented. They are all, I am sure, equally
meritorious and worth our consideration, but we need to finish this
one. Let's get this bill done so that we can expand service and make an
even stronger Nation.
Mr. President, I yield the floor, and I suggest the absence of a
quorum.
The PRESIDING OFFICER. The clerk will call the roll.
The assistant legislative clerk proceeded to call the roll.
Mr. FEINGOLD. Mr. President, I ask unanimous consent that the order
for the quorum call be rescinded.
The PRESIDING OFFICER (Mr. Casey). Without objection, it is so
ordered.
Mr. FEINGOLD. Mr. President, I am pleased to support the Serve
America Act, which expands opportunities for Americans to serve their
country at a time of critical need. I thank Senator Kennedy and Senator
Hatch for their willingness to work with my staff to include language
that ensures the volunteers funded by this bill can also work on
service projects that expand access to affordable housing in our
communities. Providing more affordable housing is one of Wisconsin's
most pressing needs and language that Senator Reed and I worked to
insert will help ensure that volunteers can build, improve, and
preserve affordable housing throughout the country.
Just as voluntarism plays a crucial role in strengthening our
communities and building a stronger America, that same energy,
compassion, and knowledge must also be harnessed to help rebuild our
image abroad as it has been severely damaged over the past 8 years.
The amendment I am offering today with Senator Voinovich encourages
those efforts by strengthening and expanding the Volunteers for
Prosperity program authorized in title V of the bill. This program
provides a valuable tool to assist international volunteer service, and
with my improvements I believe we can make it even more effective.
A recent survey released by the Pew Global Attitudes Project
indicates that between 2002 and 2008, opinions of the United States
declined steeply in 14 out of the 19 countries polled. And a similar
2007 survey of over 45,000 people in 47 countries found that
``[o]verall, the image of American people has declined since 2002,''
even among those who used to count us as friends and allies.
The Obama administration has already taken some important steps to
rebuild our image abroad, such as the President's decision to close
Guantanamo and redeploy troops from Iraq, and his recent address to the
people of Iran. But individual Americans can contribute, too, and we
can support those efforts by increasing the opportunities for Americans
from all backgrounds and experiences to volunteer abroad.
While the surveys I mentioned showed worsening attitudes toward
Americans and the declining popularity of the United States, studies
have shown that in places where U.S. citizens have volunteered their
time, money, and services, opinions of the United States have improved.
To put it simply, some of our best diplomats are our private citizens
who spend time overseas working closely with small communities and
spending time with the citizens of other countries. Their volunteer
work is enhanced by their ability to share stories and create
individual connections. Collectively the two are a force for positive
global change and greater cultural understanding.
One example is a story from a constituent, Kathy Anderson from
Marathon, Wisconsin, who shared with me her thoughts on the exchange
opportunities she and her husband Mike have experienced, including a
recent trip to Ukraine to discuss farming methods with folks under the
Community Connections program:
We have lots and lots of stories, but the headline may be
that people interact with people at a very different level
than countries interact with countries. I may not like what
your country is doing, but if I get to know you as an
individual, I can still build a connection. Programs like
these put a face on the country, making it less abstract and
impersonal. Once the guests get to know a farmer from
Wisconsin, I'm sure they also have a better understanding
that our country is more than the image they see presented by
the politicians, or the sports figures, or the media folks.
It's real folks with the same kind of dreams, hopes, and
wishes for the future that they have. And perhaps we get a
bit closer, one relationship at a time.
Our Federal Government should continue to recognize the important
role that people-to-people engagement can play in countering negative
views of America around the world and help facilitate such
opportunities by promoting both short- and long-term international
volunteer options for U.S. citizens. Existing programs such as the
Peace Corps, Volunteers for Prosperity, and the exchange programs
administered through the Department of State's Bureau of Education and
Cultural Affairs already do tremendous work in this area. But even with
these existing programs, we need greater, more varied and more flexible
citizen diplomacy initiatives. Mr. President, we can and should be
doing more.
In 2007, I introduced the Global Service Fellowship bill to offer
U.S. citizens the flexibility and support they need to pursue
international volunteering opportunities. This bill reduced barriers to
volunteering by offering financial assistance and flexibility in the
time period Americans could spend abroad--opening the door for more
Americans to participate. This bipartisan bill was approved by the
Senate Foreign Relations Committee last Congress.
Now, in title V of the Serve America Act, we have the opportunity to
see a very similar program become a reality. This section authorizes
the Volunteers for Prosperity Office created by Executive Order 13317
under President Bush. This program promotes short- and long-term
international volunteering opportunities with specific development
objectives, and establishes the Volunteers for Prosperity Service
Incentive Program or VfPServe program which provides eligible skilled
professionals with grants to offset the cost of volunteering abroad.
This is a modest program costing only $10 million per year and yet it
will significantly expand the numbers of Americans who can participate.
I support Volunteers for Prosperity and, in fact, my global service
fellowship bill would have authorized that program. The amendment I am
offering, which is based on my legislation, makes a few changes to the
current language in title V. This is a modest amendment but reflects
suggested improvements I have received from constituents, experts and
organizations active in the field of international voluntarism. As we
authorize the Volunteers for Prosperity office, we should make sure the
office has the utmost ability to reach as many interested Americans as
possible, particularly those who face financial barriers or time
constraints.
In the current bill, VfPServe would help offset the cost of
international volunteering expenses for prospective volunteers,
provided that they match dollar-for-dollar any grant awarded through
the program. VfPServe will enable many dedicated volunteers to raise
the additional funds needed to pursue international projects--but by
requiring the dollar-for-dollar match grants, participants in VfPServe
would still be required to cover a substantial amount of their
expenses.
Financial limitations are a common obstacle to international
volunteering by Americans, and I have heard from many constituents who
are interested in volunteering internationally but are unable to do so
due to the cost. My amendment goes an extra step to ensure that even
more Americans from a range of backgrounds can volunteer abroad--not
just those with the resources or time to pay for half of their
expenses.
My amendment complements VfPServe by establishing the VfP Leader
Program to award fixed grants that would offset up to 80 percent of the
costs of volunteering abroad, including any sponsoring organization
fees. In return for this higher Federal contribution, VfP Leaders must
commit to sharing their experiences with
[[Page 8515]]
their communities when they return. By continuing to serve as
ambassadors once they return home, VfP leaders will be ensuring that
more Americans learn about the benefits of international volunteering,
and about people and places beyond our borders. In addition, my
amendment would give VfPserve participants the option of raising or
providing private funds to meet their matching requirements. I have
heard from many organizations that the inability to raise adequate
funds has stymied a number of individuals from fully participating in
the program. This small tweak will open the door wider to those
interested to participate in either VFP program, who may be willing and
able to spend some of their own money to do so.
The VIP Leader Program would be administered by the VfP office, along
with the VfPserve program in the bill. The USAID Administrator would be
in charge of awarding VfP leader grants and would develop the
guidelines for selecting recipients, based on the objectives laid out
in the underlying bill, which include a commitment to helping reduce
world hunger and combating the spread of communicable diseases. My
amendment adds a few mote objectives: providing disaster response,
preparedness and reconstruction, providing general medical and dental
care and promoting crosscultural exchange. These are all important
priorities, and opportunities for Americans to bolster our global image
while providing essential services.
Other than these additions, my amendment does not change the
underlying authorization of VfP, nor does it change the total cost of
title V. Authorization for title V will remain at $10 million annually
for the fiscal years 2010 through 2014, with half of the money
appropriated for grants going to the VIP Leader Program.
I would like to thank Senator Voinovich, who cosponsored the Global
Services Fellowship Acts of 2007, 2008, and 2009 and who is a cosponsor
of this amendment. This amendment is supported by 82 international
volunteer organizations such as American Jewish World Service, Cross-
Cultural Solutions, and the National Peace Corps Association as well as
91 university international programs including the University of
Maryland's Office of International Programs, its School of Public
Policy and its Study Abroad office, and the Fletcher School at Tufts
University in Massachusetts. I would like to submit the lists with all
the supporting organizations and university international programs in
their entirety for the Record.
There being no objection, the material was ordered to be printed in
the Record, as follows:
College & University Members--March 2009
American University; Boston College--The Center for
Corporate Citizenship; Boston University; Boston University--
Center for International Health and Development; California
Colleges for International Education; California State
University, San Marcos--Office of Community Service Learning;
Cardinal Stritch University; Catholic University; Central
Michigan University Volunteer Center; City College of New
York; Chilean Ministry of Education--National Volunteer
Center; College of William and Mary--Office of Student
Volunteer Services; Columbia University--School of
International Public Affairs; Cornell University; Dowling
College; Drexel University; Duke University--Center for
Engagement & Duke Engage; Duke University--Global Health
Institute; Emory University; and Everett Community College--
World Languages.
George Mason University--Multicultural Research and
Resource Center; George Washington University; Georgetown
University--Center for Social Justice; Georgia Institute of
Technology--Community Service; Global Citizen Year; Hartwick
College; Hillsborough Community College Grants Development;
Iowa State University; James Madison College; John Hopkins
University; Kennesaw College; Kingsborough Community College/
CUNY--Academic Affairs; Lone Star College--Tomball; Lone Star
College--Tomball--Academic and Student Development; Lone Star
College System--International Programs and Services; Miami
Dade College; Missouri State University--International
Programs and Affairs; Monroe Community College Foundation;
Montgomery College Office of Equity & Diversity; and Moore
School of Business.
Mount Wachusett Community College; Mount Wachusett
Community College--Community Relations; NC Campus Compact;
New York Medical College; New York University--Office of
Global Education; North Arkansas College--Institutional
Advancement; Norwalk Community College--Academic Affairs;
Ohio University; Onondaga Community College--Career and
Applied Learning Center; Oregon University System; Palm Beach
Community College; Palm Beach Community College--President's
Office; Polk Community College--Grants; Ramapo College of New
Jersey; Rutgers University; Santa Monica College--
Communication; Skagit Valley College--College Advancement;
Southwestern Oregon Community College Service--Leanring;
Stanford University--Haas Center for Public Service; and
State University of New York--New Paltz Center for
International Programs.
StonyBrook University; Syracuse University Maxwell School
of Citizenship and Public Affairs; Tufts, The Fletcher
School; University of California, Berkeley--Blum Center for
Developing Economies; University of California, San Diego--
International Relations and Pacific Studies; Richard J. Daley
College; University of Connecticut Center for Continuing
Studies, Academic Partnerships and Special Programs;
University of Connecticut Global Training & Development
Institute; University of Denver--Graduate School of
International Studies; University of the District of
Columbia; University of Maryland--Office of International
Programs; University of Maryland--School of Public Policy;
University of Maryland--Study Abroad Office; University of
Michigan--International Center; University of Michigan--
Gerald Ford School of Public Policy; University of
Minnesota--Learning Abroad Center; University of Missouri,
St. Louis--Center for International Studies; University of
North Carolina at Charlotte; University of San Francisco; and
University of Texas at Tyler--Office of Community Relations.
University of Tulsa; University of Vermont; University of
Virginia--Alternative Spring Break; University of Wisconsin-
Madison Global Studies & Go Global!; University of Wyoming
Center for Volunteer Service, Wyoming Union; Washington
University in St. Louis--Center for Social Development;
Washington University in St. Louis--Gephardt Institute for
Public Service; Western Connecticut State University--
International Services; Western Piedmont Community College
Humanities/Social Sciences; Western Piedmont Community
College Student Development; and White Plains City School.
Volunteering & Supporting Organizations--March 2009
ACDI/VOCA; Action Without Borders/Idealist.org; Adventure
Aid; American Bar Association Rule of Law Initiative;
American Jewish World Service; American Refugee Committee;
Amigos de las Americas; AngelPoints; Atlas Corps; BeGlobal;
Bridges to Community, Inc.; Building Blocks International;
Catholic Medical Mission Board; Catholic Network of Volunteer
Services; Catholic Relief Services; Child Family Health
International; Christian Reformed World Relief Committee;
Citizens Development Corps; Cross-Cultural Solutions; and
Earthwatch Institute.
Experiential Learning International; Fly for Good (Fly 4
Good); Foundation for International Medical Relief of
Children; Foundation for Sustainable Development; Global
Citizen Year; Global Citizens Network; Global Medic Force;
Global Volunteers--Partners in Development; GlobalGiving
Foundation; Globalhood; Globe Aware; Greenforce; Habitat for
Humanity International; Hands On Disaster Response; Health
Volunteers Overseas; Hope Worldwide; Hudson Institute;
Innovations in Civic Participation; InterAction; and
International Assoc. for Volunteer Effort (IAVE).
International Medical Corps; International Partnership for
Service Learning; International Student Exchange Programs;
International Student Volunteers; International Volunteer
Programs Association; International Volunteer Ventures LLC
(INVOLVE); Karuna International; LanguageCorps; Lifetree
Adventures; Manna Project International; Medical Teams
International; Mobility International; National Association
of Social Workers (NASW); National Peace Corps Association;
Nourish International; Operation Crossroads Africa; Partners
of the Americas; Partners Worldwide; Encore! Service Corps;
and PEPY Ride.
Points of Light Institute; Prevent Human Trafficking;
Projects Abroad; ProWorld Service Corps; Service for Peace;
SEVA; Student Movement for Real Change; The Advocacy Project;
The Volunteer Family; Travel Alive; UN Volunteers; United
Planet; United Way of America; US Center for Citizen
Diplomacy; Volunteers for Economic Growth Alliance (VEGA);
Volunteers for Peace; Volunteers for Prosperity (USAID);
Winrock International; World Hope International/Hope Corps;
World Servants; Worldteach; and Youth Service America.
Mr. FEINGOLD. As we debate the Serve America Act and highlight the
important role of volunteer service in our communities, we must not
overlook the opportunities for volunteers to help restore our image and
standing abroad. Wisconsinites have a strong tradition of public
service, particularly among young people in my state and it is because
of their consistent interest
[[Page 8516]]
in such opportunities that I offer this amendment today.
International volunteering opportunities are an effective method of
addressing critical human needs, building bridges across cultures, and
promoting mutual understanding. In turn, this can bolster our national
and global security. Though they may be working overseas, Americans who
volunteer abroad are truly serving the interests of America.
The VfPServe and VfPLeaders Programs would be a valuable addition to
our public diplomacy, to our development and humanitarian efforts
overseas. I encourage my colleagues to support the amendment I will
offer at a future time.
Mr. President, I yield the floor.
The PRESIDING OFFICER. The Senator from Missouri.
Amendment No. 688
Mr. BOND. Mr. President, I rise today in support of the Crapo
amendment which incorporates the Dodd-Crapo bill that I have
cosponsored. Every Senator in this Chamber has heard from folks in
their own communities who have lost jobs, families whose savings are
disappearing, businesses that cannot meet payrolls. Unfortunately,
until we solve the root of the economic crisis--our credit crisis--
there will not be real relief or recovery for these struggling families
and businesses.
The bottom line is our financial system is not working. It has become
clogged with toxic assets. Some call them legacy assets, but they are
toxic as well as old. Until they are removed, fear and uncertainty will
continue to dominate the markets.
Earlier this week, Secretary Geithner released his long-awaited
details on the administration's plan to solve the credit crisis. While
Secretary Geithner did not take all of my advice, I am heartened that
the administration has finally developed a plan to tackle the most
pressing issue facing our Nation and the largest obstacle to economic
recovery.
All Americans need this plan to work. Our Nation cannot afford
another lost decade such as Japan faced in the nineties. No one wants
to doom the Nation's families and workers to a recession any longer and
deeper than the one we have already experienced. But before the
Government commits trillions more in tax dollars, I hope Secretary
Geithner will recognize that he owes the taxpayers some answers to some
very important questions.
Unfortunately, under the previous administration and the current
administration, there have been too few answers and too many questions
for taxpayers about how economic rescue dollars are being spent.
Instead, under both Treasury Secretaries Paulson's and Geithner's
watch, billions in taxpayer dollars have been thrown down the rat hole,
with no clear plan, no end in sight, and no positive return. So now,
this week, the taxpayers need to hear how the administration's plan
will provide accountability, transparency, and oversight of taxpayer
funds.
First, Secretary Geithner needs to tell taxpayers how this plan will
protect their hard-earned dollars. Taxpayers have the right to question
whether they are getting a fair deal since the taxpayers are taking on
the vast majority of the risks under the new public-private investment
partnership initiative.
Right now, private investors only stand to lose a small amount with
their invested capital, with opportunities for great returns. In other
words, are we again privatizing profits but socializing losses? Do we
run the risk that this ends up being ``heads they win, tails taxpayers
lose''? This plan is dependent on taxpayers subsidizing and excessive
leveraging of private resources to purchase these toxic assets. While
it is important to encourage private capital, and I believe that is the
best solution, we seem to be using the same formula--but this time
risking billions of taxpayer dollars--that got us into the present
situation. I am concerned that the administration's plan appears to be
too generous to Wall Street investors, some of whom contributed to the
crisis.
The second point is, what is the ultimate cost to taxpayers? Right
now, the administration projects that its plan will initially require
$100 billion in taxpayer funds to leverage up to $500 billion in
taxpayer dollars. But most estimates show there are about $2 trillion
of toxic assets in the system. I believe the taxpayers deserve to know
how much Secretary Geithner's plan will really cost them.
Third, the administration and the Treasury Secretary need to explain
how he will prevent the rules of the game from changing again. Since
the initial rescue of Bear Stearns last summer, the previous and the
current administrations have taken an ad hoc approach that has changed
and shifted numerous times. This ``adhocracy'' has amounted to throwing
billions of good taxpayers' dollars into failing banks, treating the
symptoms rather than the cause, with no apparent exit strategy. This
``adhocracy'' has resulted in fear and uncertainty in our markets and
has done nothing to hasten the much needed economic recovery. As a
matter of fact, one skilled observer, Professor John Taylor, said the
lack of certainty has been a great cause in the failure of the markets
to respond positively to any of the previous activities.
Is the plan announced this week the one and final approach? Will the
administration stick to the plan? And just as important, what about
Congress? Will we allow the plan to work or will we come in later and
change the rules of the game after they have been set? The
administration, and I think we in Congress, must convince Wall Street
and Main Street that the rules will not be changed again midgame. What
expert after expert has told me, people who are looking at the market,
people who want to see the market succeed, what the markets desperately
need is certainty in a plan.
Finally, will banks and financial institutions holding toxic assets
be willing to participate in the program? Despite what seems to be
generous incentives for private investors to purchase the assets, it is
not clear whether the banks will be willing to negotiate a fair deal
with the Government and the partners. If banks are not willing to
participate, then toxic assets will continue to clog the system. If
they do not participate, will the administration finally turn to the
Federal Deposit Insurance Corporation to resolve these problem banks?
Before closing, I note that we all understand we need to strengthen
the ability of our regulators to prevent this kind of systemic failure
from occurring in the future, but we need to consider any changes
carefully. A critical first step would be our pending amendment which
incorporates the Dodd-Crapo bill, S. 541, the Depositor Protection Act,
to boost the FDIC's borrowing authority to deal with larger
institutions and to prevent further substantial fee increases on good
banks.
I heard from smaller, well-performing banks in Missouri that did not
participate in the subprime and exotic loans that will bear more costs
to cover the failures of the large banks that did. These smaller banks
should not have to be a casualty of the mistakes of the larger
financial institutions. Will the FDIC use the expanded authority that I
hope we will give them to return FDIC premiums to their previous level?
We need a diverse banking system. We need a system. There are over
8,000 banks of all sizes in communities and States throughout the
Nation. It is my hope that this financial crisis resolution preserves
that system instead of allowing it to be dominated by a few ``too large
to fail'' institutions.
What else will the Treasury do? How will the Treasury assure these
other banks will be strengthened when they are not in the top 20 on
which the Treasury seems to focus?
These are just a few of the critical questions about Secretary
Geithner's untested, complicated plan. We, on behalf of taxpayers,
deserve answers. Taxpayers deserve to hear solutions that will work. It
is more important than anything else in solving the economic crisis
that we solve the credit crisis.
Our banking and financial system affects every American's standard of
living, our ability to create and maintain
[[Page 8517]]
jobs, and our ability to compete globally. We must tackle the root of
this problem--the toxic assets--and lead us out of the economic crisis
and help Americans get back to work.
I, like most Americans, am suffering from bailout fatigue. Rightfully
so. Taxpayers are fed up over the waste of hard-earned tax dollars and
the plans that have wandered all over the lot in the past. Secretary
Geithner now has a tough challenge, and that is to convince the
taxpayers that this plan is a smart investment that will solve the root
of our economic crisis.
Mr. President, I urge my colleagues to support the Dodd amendment. I
yield the floor.
The PRESIDING OFFICER. The senior Senator from Pennsylvania.
Nomination of David S. Kris
Mr. SPECTER. Mr. President, I have sought recognition to speak
briefly on the nomination of David S. Kris to be Assistant Attorney
General in the National Security Division of the Department of Justice.
Let me say preliminarily how nice it is to see the other--I shouldn't
say ``the other Senator''--the Senator from Pennsylvania presiding
today. I compliment Senator Casey on an outstanding tenure for, let me
see, 2 years and almost 3 months. I express my appreciation for his
cooperation in working together on so many projects.
May I say further for the Record, since it is in black and white and
not in Technicolor, I think there is a slight blush on Senator Casey
for the warranted praise.
Now on to the other subject at hand.
David Kris has been nominated for this very important position. He
comes to it with excellent credentials. He is a graduate of Haverford
College, a college I know very well, being my oldest son, Shanin,
graduated there, and the Harvard Law School, an institution I don't
know quite so well but one I hear is a very good school, not perhaps up
to--well, I won't comment about that. After graduation from law school,
Mr. Kris served as clerk to Judge Stephen Trott on the Ninth Circuit;
was in the Criminal Division of the Department of Justice for 8 years;
was Deputy Attorney General for 3 years. He has excellent academic and
professional standards.
I ask unanimous consent to have Mr. Kris's resume printed in the
Record at the conclusion of my comments.
The PRESIDING OFFICER. Without objection, it is so ordered.
(See exhibit 1.)
Mr. SPECTER. Mr. President, Mr. Kris has the commendations and
recommendations of both Attorneys General for whom he worked--Attorney
General Janet Reno and Attorney General John Ashcroft. John Ashcroft,
our former colleague in the Senate who sat on the Judiciary Committee,
described Mr. Kris's ``intelligence, independence, and wisdom'' as
``valuable national assets.''
After years of public service, Mr. Kris joined Time Warner and even
found time to write a legal treatise on national security
investigations and prosecutions. He is considered an expert on the
Foreign Intelligence Surveillance Act and leading authority on national
security law.
I urge my colleagues to support his nomination.
I yield the floor.
Exhibit 1
David S. Kris, Assistant Attorney General, National Security Division
Birth: 1966, Boston, Massachusetts.
Legal Residence: Bethesda, Maryland.
Education: B.A., Haverford College, 1988; J.D., Harvard Law
School, 1991.
Employment: Clerk, Judge Stephen S. Trott, U.S. Court of
Appeals for the Ninth Circuit, 1991-1992. Attorney, Criminal
Division, U.S. Department of Justice, 1992-2000. Associate
Deputy Attorney General, U.S. Department of Justice, 2000-
2003. Vice President, Time Warner, Inc., 2003-2005. Chief
Compliance Officer, Time Warner, Inc., 2005-Present. Senior
Vice President and Deputy General Counsel, Time Warner, Inc.,
2006-Present. Nonresident Senior Fellow, Brookings
Institution, 2008-Present. Adjunct Professor of Law,
Georgetown University Law Center, 2008-Present. National
Security Adviser, Hillary Clinton for President and Obama for
America, 2008. DOJ Agency Review Team Member, President-Elect
Transition Team, 2008-2009.
Selected Activities: Award, Attorney General's Award for
Exceptional Service, 1999, 2002. Award, Assistant Attorney
General's Award for Special Initiative, 1998. Awards for
Special Achievement (various dates prior to 2000). Member,
Edward Bennett Williams Inn of Court, 1995-2007;
Massachusetts Bar, 1991-Present; New York State Bar, 2003-
Present; Maryland State Bar, 2008-Present.
The PRESIDING OFFICER. The Senator from Missouri.
Mr. BOND. Mr. President, I join with my colleague from Pennsylvania
in urging my colleagues to give an overwhelming vote to David Kris. I
have had the pleasure of working with him on national security matters
in my position as vice chairman of the Intelligence Committee. I
believe our national security will be well served by Mr. Kris. I
wholeheartedly endorse his nomination.
The PRESIDING OFFICER. The Senator from Utah.
Mr. HATCH. Mr. President, I also wholeheartedly endorse his
nomination. He is an extremely talented, experienced intellectual in
the law. I expect him to be one of the best we have ever had. I am very
proud he is willing to serve in this administration and go through the
processes many people are trying to avoid at this particular point.
Let me just say, as the longest serving person on the Senate
Intelligence Committee, we need people such as Mr. Kris in Government.
I commend the administration in cooperating and appointing him.
Mr. President, I suggest the absence of a quorum.
The PRESIDING OFFICER. The clerk will call the roll.
The legislative clerk proceeded to call the roll.
Mr. CARDIN. Mr. President, I ask unanimous consent that the order for
the quorum call be rescinded.
The PRESIDING OFFICER. Without objection, it is so ordered.
____________________
EXECUTIVE SESSION
______
NOMINATION OF DAVID S. KRIS TO BE ASSISTANT ATTORNEY GENERAL
The PRESIDING OFFICER. Under the previous order, the Senate will
proceed to executive session to consider the following nomination,
which the clerk will report.
The legislative clerk read the nomination of David S. Kris, of
Maryland, to be Assistant Attorney General.
Mr. LEAHY. Mr. President, the Senate has confirmed four nominees to
fill top leadership positions at the Justice Department officials, and
today we take another step forward to put in place Attorney General
Holder's leadership team. Today, the Senate turns to the nomination of
David Kris to lead the National Security Division.
I thank the Democratic and Republican members of the Judiciary
Committee for working with me to expedite this nomination when it was
in committee. Senator Feinstein chaired our Judiciary Committee hearing
on his nomination on February 25. We were able to report his nomination
out of the committee by a voice vote on March 5. The Senate Select
Committee on Intelligence worked quickly to consider and report his
nomination as well. Finally, the Senate today considers his nomination
to this critical national security post.
The Judiciary Committee's renewed oversight efforts in the last 2
years brought into sharper focus what for years had been clear--that
during the last 8 years, the Bush administration repeatedly ignored the
checks and balances wisely placed on executive power by the Founders.
The Bush administration chose to enhance the power of the President and
to turn the Office of Legal Counsel at the Department of Justice into
an apologist for White House orders--from the warrantless wiretapping
of Americans to torture.
Attorney General Holder has already taken steps toward restoring the
rule of law. With the confirmation of David Kris to lead the National
Security Division, we fill another key national security position in
the Department.
David Kris is a highly regarded veteran of the Department of Justice.
He is former Federal prosecutor who spent 8 years as a career attorney
in the criminal division at the Department, handling complex cases in
Federal trial
[[Page 8518]]
and appellate courts, including the Supreme Court. Mr. Kris was then a
political appointee under both President Clinton and President Bush,
serving as Associate Deputy Attorney General from 2000-2003,
supervising the government's use of the Foreign Intelligence
Surveillance Act, FISA, representing the Justice Department at the
National Security Council and in other interagency settings, briefing
and testifying before Congress, and assisting the Attorney General in
conducting oversight of the U.S. intelligence community.
Mr. Kris understands the role the Bush administration's excesses have
played in undermining the Department of Justice and the rule of law. In
2006, Mr. Kris released a 23-page legal memorandum critical of the
legal rationale offered by the Bush administration, and in support of
the legality of the National Security Agency's warrantless wiretapping
program. Mr. Kris was an early advocate for the creation of the
National Security Division he has now been confirmed to lead, leaving a
lucrative practice as an in-house counsel for a major corporation to
return to government service.
Mr. Kris' nomination has also earned support from both sides of the
aisle. Former Bush administration Solicitor General Ted Olson, who
worked with Mr. Kris at the Department, describes Mr. Kris as ``a very
sound lawyer,'' who ``is committed to the defense of the United States
and its citizens, and respects the rule of law and civil rights.''
Former Deputy Attorney General Larry Thompson, who asked Mr. Kris to
remain in his post during the Bush administration, writes that he asked
Mr. Kris to stay after finding that ``he had a passion for national
security issues but also a deep respect and appreciation for the
related civil liberties concerns.'' Former Bush administration Homeland
Security Secretary Michael Chertoff and former Attorneys General Janet
Reno and John Ashcroft have all written in support of Mr. Kris'
nomination.
President Obama has reminded Americans and the world that, ``to
overcome extremism, we must also be vigilant in upholding the values
our troops defend--because there is no force in the world more powerful
than the example of America.'' The President reminded us that ``living
our values doesn't make us weaker, it makes us safer and it makes us
stronger.''
David Kris understands the moral and legal obligations we have to
protect the fundamental rights of all Americans and to respect the
human rights of all. He knows, as do the President and the Attorney
General, that we must ensure that the rule of law is restored as the
guiding light for the work of the Department of Justice.
I congratulate Mr. Kris and his family on his confirmation today.
Mrs. FEINSTEIN. Mr. President, I rise today in strong support of the
nomination of David S. Kris to be Assistant Attorney General for
National Security.
Mr. Kris was nominated by President Obama on February 11, 2009, to
fill this important position. Since then, his nomination has been
considered by the Judiciary Committee and then sequentially by the
Intelligence Committee. I had the honor of chairing both of these
hearings, so am as familiar with any Member with his record.
Both the Judiciary Committee and Intelligence Committee favorably
reported the nomination without dissent.
The position of the Assistant Attorney General for National Security
was created in the USA PATRIOT Improvement and Reauthorization Act of
2005 out of recognition that there should be a single official in the
Department of Justice who is responsible for national security.
The Assistant Attorney General is the bridge between our Nation's
intelligence community and the Department of Justice. He or she
represents the Government before the FISA Court and is also the
Government's chief counterterrorism and counterespionage prosecutor.
David Kris is highly qualified for this critically important national
security position.
He has both figuratively and literally ``written the book'' on
national security.
Mr. Kris spent 11 years as a prosecutor in the Justice Department,
and he knows its national security functions well.
During the Bush administration, he was the Associate Deputy Attorney
General for national security, where he litigated national security
cases and oversaw intelligence activities. When Congress considered
merging the Department's national security functions under a single
office, Kris was one of the experts consulted.
After leaving Federal Government service, Mr. Kris remained very
active in the field of national security law. He coauthored of the most
widely used legal treatise in this area. His book, titled ``National
Security Investigations and Prosecutions'', provides a step-by-step
analysis of all of the law that governs Government activity in response
to terrorist threats.
During the debate last year over rewriting the Foreign Intelligence
Surveillance Act, Mr. Kris spent significant amounts of his personal
time meeting with personnel from both the Judiciary and Intelligence
Committees to offer his expertise and judgment.
In addition to his expertise, Kris has received high marks for his
commitment to the rule of law. Both committees to consider his
nomination received numerous letters of support from distinguished
legal and privacy rights officials and experts. Those letters are in
the hearing records at both committees.
It is important for the Senate to consider this nomination and
confirm Mr. Kris. Simply put, the Department of Justice needs him to
get to work.
The Assistant Attorney General position, currently vacant, is the
primary official overseeing the Foreign Intelligence Surveillance Act
implementation and signs applications going to the FISA Court.
Because of the legislation passed last year, Mr. Kris will need to
start immediately to prepare new certifications and supporting
materials that the executive branch will have to submit to the FISA
Court. As such, he would be the official at the Department of Justice
most directly involved in questions of setting minimization and
targeting procedures, reviewing the Attorney General's guidelines under
the act, and making sure that the intelligence collection is carried
out faithfully under the law.
Separately, an Assistant Attorney General should be playing a key
role in the executive branch review of how to handle individuals
currently held at Guantanamo Bay. Mr. Kris has answered numerous
questions on this topic during his confirmation hearings and shares my
view that there must be an appropriate legal process upholding any
decisions to detain individuals. However, he also believes, correctly
in my view, that great care must be taken to ensure that anyone at
Guantanamo who is transferred to other nations must not be allowed to
pose a continuing threat to our national security.
I am pleased that this nomination has finally reached the floor, and
I urge the confirmation of David Kris.
The PRESIDING OFFICER. The Senator from Maryland.
Mr. CARDIN. Mr. President, I ask for the yeas and nays.
The PRESIDING OFFICER. Is there a sufficient second?
There is a sufficient second.
The question is, Will the Senate advise and consent to the nomination
of David S. Kris, of Maryland, to be Assistant Attorney General?
The clerk will call the roll.
The legislative clerk called the roll.
Mr. DURBIN. I announce that the Senator from Massachusetts (Mr.
Kennedy) is necessarily absent.
Mr. KYL. The following Senator is necessarily absent: the Senator
from Wyoming (Mr. Enzi).
The PRESIDING OFFICER. Are there any other Senators in the Chamber
desiring to vote?
The result was announced--yeas 97, nays 0, as follows:
[Rollcall Vote No. 109 Ex.]
YEAS--97
Akaka
Alexander
Barrasso
Baucus
Bayh
Begich
[[Page 8519]]
Bennet
Bennett
Bingaman
Bond
Boxer
Brown
Brownback
Bunning
Burr
Burris
Byrd
Cantwell
Cardin
Carper
Casey
Chambliss
Coburn
Cochran
Collins
Conrad
Corker
Cornyn
Crapo
DeMint
Dodd
Dorgan
Durbin
Ensign
Feingold
Feinstein
Gillibrand
Graham
Grassley
Gregg
Hagan
Harkin
Hatch
Hutchison
Inhofe
Inouye
Isakson
Johanns
Johnson
Kaufman
Kerry
Klobuchar
Kohl
Kyl
Landrieu
Lautenberg
Leahy
Levin
Lieberman
Lincoln
Lugar
Martinez
McCain
McCaskill
McConnell
Menendez
Merkley
Mikulski
Murkowski
Murray
Nelson (FL)
Nelson (NE)
Pryor
Reed
Reid
Risch
Roberts
Rockefeller
Sanders
Schumer
Sessions
Shaheen
Shelby
Snowe
Specter
Stabenow
Tester
Thune
Udall (CO)
Udall (NM)
Vitter
Voinovich
Warner
Webb
Whitehouse
Wicker
Wyden
NOT VOTING--2
Enzi
Kennedy
The nomination was confirmed.
The PRESIDING OFFICER. Under the previous order, the motion to
reconsider is considered made and laid on the table. The President will
be immediately notified of the Senate's action, and the Senate will
resume legislative session.
____________________
LEGISLATIVE SESSION
______
NATIONAL SERVICE REAUTHORIZATION ACT--Continued
The PRESIDING OFFICER. The Senator from Ohio is recognized.
Mr. BROWN. Mr. President, I ask unanimous consent to speak as in
morning business.
The PRESIDING OFFICER. Without objection, it is so ordered.
American and Chinese Economies
Mr. BROWN. Mr. President, the current financial crisis paints our
economic relationship with China in broad relief. Our economies are not
healthy, China's economy, the economy of the United States. And worse,
these two countries' economies, ours and China's, are codependent.
The U.S. official unemployment rate is 8.1 percent. In my State of
Ohio, it is 9.4 percent, the highest rate inflicted on our State in 25
years. Meanwhile, tens of thousands of factories in China have closed
over the past 6 months.
China is one enormous export platform, and the United States is its
biggest customer. We, for all intents and purposes, have stopped
buying. Morgan Stanley economists report that exports account for 47
percent of the economies of China and other East Asian nations.
Literally 47 percent of their economy, almost half of their economy, is
devoted to export in China and other Eastern Asian countries, while in
our country, the United States, consumption accounts for 70 percent of
our GDP. This economic codependency has bred a dangerously skewed
financial relationship. As revenues flow out of the United States and
into China, China has become our biggest lender. Imagine what that is
going to look like if we continue these policies in the years ahead.
What it means for sovereign wealth funds, the collection of United
States dollars held by Chinese banks, Chinese Government treasury,
Chinese businesses, the number of United States dollars, because of
their trade surplus, coming from our trade deficit situation--I do not
need to detail the risk that relationship breeds. But its roots lie in
our economic codependency, and our economic codependency is rooted in
our Nation's passive trade policy.
Senator Sanders and Senator Whitehouse, joining me on the floor, with
the Presiding Officer, all understand what these trade agreements have
done, this passive trade policy that we have practiced for more than a
decade, what that has done to our country.
Ohio is one of the great manufacturing States in our Nation. We make
paper, steel, aluminum, glass, cars, tires, solar panels--one of the
leading States in the country manufacturing solar panels--polymers,
wind turbines, and more. Look around you today and you will see,
wherever you go, something that was made in Ohio.
So let's look at a typical Ohio manufacturer and compare that with a
Chinese manufacturer. The Ohio manufacturer has a minimum wage to pay
his workers, as he should. The Ohio manufacturer has clean air rules,
safe drinking water rules, workplace rules, product safety standards by
which to abide, helping to keep our workers healthy and productive,
helping to keep customers safe, helping to create a better, more humane
society.
Worker safety, environment, public health, treating workers properly,
these are all things our country and the values it represents has
brought to us. The Chinese manufacturer has no minimum wage to
maintain, is allowed to pollute local water sources, is allowed to let
workers use dangerous and faulty machinery and, frankly, whether it is
in a vitamin or food of some kind, is allowed to use, too often, toxic
substances, such as on children's toys with lead-based paint, things
such as that. Chinese manufacturing doesn't do any of the things the
Ohio manufacturer does.
The Ohio manufacturer pays taxes, health benefits, pays into Social
Security and Medicare, typically allows family leave, and gives WARN
notices when there is a plant closing. The Chinese manufacturer does
little of that, but the Chinese manufacturer also allows child labor,
which is expressly forbidden in this country. The Ohio manufacturer
generally receives no government subsidies. The Chinese manufacturer
often receives some subsidies for the development of new technologies
and, often, subsidies for export assistance. The Chinese manufacturer
benefits from China's manipulation of its currency which gives it up to
a 40-percent cost advantage.
The Ohio manufacturer is going green, investing in new technologies
and efficiency to create more sustainable production practices. Ohio
manufacturers are part of the movement to become more energy efficient.
They will do their job to reduce carbon emissions but not at the
expense of jobs if China and other countries don't take comparable
action. When an Ohio manufacturer petitions for relief, when he says,
``I can compete with anyone, but this is not a level playing field;''
when the Ohio manufacturer says he wants to emit less carbon but needs
to see that his competitors from China bear the same cost on similar
time lines, what does the Chinese Government say? They call it
protectionism.
Last week Energy Secretary Chu noted in a hearing that unless other
countries bear a cost for carbon emissions, the United States will be
at a disadvantage. The Chinese official responded:
I will oppose using climate change as an excuse to practice
protectionism on trade.
Chinese officials are quick to call us protectionist, a country that
has an $800 billion trade deficit, despite all the protections the
Chinese afford its manufacturers. Meanwhile, the United States has the
world's most open economy, as we should.
Of course, Chinese officials are often joined by highly paid American
CEOs, by Ivy League economists, by editorial boards at darn near every
newspaper in the country in calling any effort to rebuild American
manufacturing protectionist. In newspapers around the country, when we
fight for American jobs and say we need a level playing field,
newspapers will say we are protectionist. That is why there is such a
sense of urgency about changing this manufacturing policy. China's
industrial policy is based on unfair trade practices. It involves
direct export subsidies and indirect subsidies such as currency
manipulation and copyright piracy, hidden subsidies such as lax
standards and low labor costs, and unenforced environmental rules. In
total, it results in millions of lost jobs--in Erie, Pittsburgh,
Philadelphia, Cleveland, Youngstown, Sandusky, Zaynesville, and Lima,
all over the States.
It is also depressing wage and income levels worldwide, while China's
exploitation of environmental and health and safety standards injures
Chinese, sometimes kills Chinese workers and citizens, and adds to our
climate change challenges. The health of our economy,
[[Page 8520]]
the strength of our middle class depends on how Congress and how the
Obama administration engages with China on these issues.
I yield the floor.
____________________
RECESS
The PRESIDING OFFICER. Under the previous order, the Senate stands in
recess until 2 p.m.
Thereupon, the Senate at 12:33 p.m., recessed until 2 p.m. and
reassembled when called to order by the Presiding Officer (Mr.
Kaufman).
____________________
NATIONAL SERVICE REAUTHORIZATION ACT--Continued
The PRESIDING OFFICER. The Senator from Texas.
Mr. CORNYN. Mr. President, I ask unanimous consent that Senator Reed
from Rhode Island be recognized first, for up to 5 minutes, and then I
be recognized, following him, for up to 10 minutes.
The PRESIDING OFFICER. Without objection, it is so ordered.
The Senator from Rhode Island.
Mr. REED. Mr. President, I rise in strong support of H.R. 1388, the
Serve America Act. I particularly commend Senator Mikulski for her
leadership on this very important initiative. She has done more than
anyone to bring this bill to the floor and it being on the verge of
successful passage. I say thank you, Madam Chairwoman as well as
Senators Kennedy, Hatch, and Enzi for your excellent work on this bill.
This bipartisan legislation reauthorizes the National and Community
Service Act for the first time since 1993. It strengthens our
commitment to the importance and value of national and community
service for individuals of all ages.
I was pleased the American Recovery and Reinvestment Act that was
signed into law last month included $154 million for AmeriCorps State
and national programs and AmeriCorps VISTA. This funding is estimated
to engage 13,000 additional individuals in service to their
communities. In his address to Congress last month, President Obama
encouraged ``a renewed spirit of national service for this and future
generations'' and called for quick congressional action on the
legislation we seek to pass today.
There are a variety of ways to serve your country. You can serve in
the Armed Forces, as I did, or you can serve in your community, as so
many Americans are doing today. More than ever, being a good citizen
means not only working hard and providing for one's family but also
being an engaged and contributing member of the community, and
particularly to those most in need in your community.
We make ourselves better by engaging in service that gives back to
our communities and makes our society better, through teaching,
mentoring and tutoring children, cleaning up rivers and streams,
building housing for the homeless, and addressing the medical needs of
the ailing, to name a few endeavors that are so critical.
The AmeriCorps, Learn and Serve America, and Senior Corps programs
have greatly benefitted my State. Rhode Island has a proud tradition of
service and was one of the first States to embrace the AmeriCorps
program. More than 14,000 Rhode Islanders participated in those
programs last year.
Participants in these programs are given an opportunity to learn as
well as an opportunity to serve. In the act of serving their community,
participants often make a difference in their own lives--developing
their own knowledge, skills, character, and self-esteem, and
incorporating an ethic of civic responsibility for the rest of their
lives.
As a cosponsor of this legislation, I am particularly pleased that
this bill includes changes I advocated to maximize Rhode Island's
funding through the AmeriCorps and Learn and Serve programs. The Serve
America Act includes a statutory small State minimum for the AmeriCorps
and Learn and Serve formula programs for the first time. It also
includes a provision I authored to ensure that small, innovative
AmeriCorps programs such as those found throughout Rhode Island get
their fair share of competitive grant funding. Additionally, I am
pleased that this legislation includes changes I sought to encourage
volunteers to focus on helping low-income individuals find affordable
housing.
This is legislation that is important. It is critical. It lives up to
our highest traditions as a nation; that is, to be something more than
one who enjoys their rights but also who discharges their
responsibilities through service to the community and the Nation. I
urge passage.
The PRESIDING OFFICER. The Senator from Texas.
The Budget
Mr. CORNYN. Mr. President, I am a member of the Budget Committee.
Senator Conrad is our chairman. Senator Gregg is our ranking member. As
the Senate knows, this week we will be taking up the President's
proposed budget, and I want to speak for a few minutes about that
subject.
Yesterday I had the opportunity to speak to a number of students who
were here because they want to make sure Congress continues to provide
them an opportunity to study at our Nation's community colleges. I am a
strong believer in the role of community colleges as a less expensive
yet outstanding opportunity to earn a good education, but it being also
a part of our workforce development and training, where industry can
come in and match up a curriculum to train people to perform jobs for
which they can receive well-paying salaries.
But yesterday these community college students, of course, were here
to talk about the issues that are on their mind. They heard from Dr.
Jill Biden and Secretary Duncan, among others. I appreciate how eager
they were to learn what is going on here in Washington. Indeed, I bet
there are a lot of people who would like to know what is going on here
in Washington.
I encouraged them to learn about the issues and express their views.
I told them that as far as I can tell, their generation will bear the
consequences of the reckless spending this Congress is engaged in, in a
budget that simply spends too much, taxes too much, and borrows too
much.
Students will ultimately end up--after they finish their education
and enter the workforce--paying those higher taxes under this proposed
budget. This proposed budget calls for $1.4 trillion in additional net
taxes over the next 10 years.
Students are trying to figure out how these higher taxes will
actually impact the opportunities they will have as they enter the
workforce. Some of these taxes will hit these students at the toughest
time; that is, right as they enter their first job.
We know the engine of job creation in America is our small
businesses. In fact, of those small businesses that employ between 10
and 500 employees--which are the principal job creators in our
country--50 percent of them will experience higher tax rates because
many of them are not incorporated. They are sole proprietorships. They
are partnerships. They are subchapter S corporations, where the income
actually flows through and is reported on an individual tax return.
So it is not true to say these will only affect the rich. Indeed,
these taxes will affect the very job engine that creates the jobs we
ought to be worried about retaining and indeed creating more of.
I also talked to these students about how they will feel the impact
of higher energy costs on their electric bill. You may wonder what I am
talking about. Well, we all care about the environment. As a matter of
fact, I reject the notion of people who actually say: Well, we care
about the environment, and you do not care. I think we all care about
the quality of the air we breathe, the quality of the water we drink. I
cannot imagine someone who does not.
These students, though, I think are understandably skeptical of the
complex and unproven cap-and-trade scheme the President's budget wants
to import from Europe, which will actually ultimately increase the cost
of energy, including electricity. That is why some people have called
it a national sales tax on energy, if, indeed, this complex and
unproven cap-and-trade
[[Page 8521]]
plan is passed as part of the President's budget.
Then there is the issue of the caps placed on charitable deductions
for taxpayers who take advantage of that tax break when they contribute
money to good and worthy purposes. Many community college students
receive scholarships from foundations that are funded by charitable
contributions. As a matter of fact, charitable giving is one of the
things that is part of our Nation's great tradition of voluntarism--
something Alexis de Tocqueville called ``public associations''--things
you do not get paid for but things that people do because they think it
is the right thing to do and they have the opportunity to do in our
great country.
This budget would actually cap charitable contributions, which will
actually reduce the tax incentive for individuals to contribute money
to good causes such as the Tyler Junior College Foundation in Tyler,
TX. The foundation is understandably concerned that raising taxes
without increasing the charitable tax deduction will limit their
ability to offer as many scholarships in future years.
So these tax increases will, in effect, limit the opportunities for
these community college students, including folks in my State, in east
Texas, in Tyler, TX.
Then there is the issue of raising taxes generally and spending.
These students know Congress is already spending a whole lot of their
money because it is all borrowed money. In fact, we have spent more
money since this Congress convened this year than has been spent for
the Iraq war, the war in Afghanistan, and in Hurricane Katrina
recovery. We have done that already. And this budget calls for doubling
the debt in 5 years and tripling the debt in 10 years.
These students, understandably--because they are going to be the ones
we are going to look to to pay that money back or bear that tax
burden--should be concerned and, indeed, they are concerned that so
much money is being spent so recklessly. In fact, it is impossible for
me to imagine it will be spent without huge sums of money actually
being wasted.
We have already seen evidence of that. In the stimulus bill--the
President said he wanted on his desk in short order, which was rushed
through the Senate and through the Congress--$1.1 trillion, including
the debt and interest on the debt--we found out, once we passed the
next bill, which was a $410 billion Omnibus appropriations bill, that,
lo and behold, Congress had actually doubly funded 122 different
programs in the bill. We acted with such haste, with such little care,
with such little deliberation, that we found out we doubly funded 122
programs.
Indeed, we found out in recent days that in the conference report on
the stimulus bill, there was a provision stuck in the conference report
that protected the bailout bonuses for the executives of AIG. Then, of
course, there was the understandable uproar over that. That is what
happens when a bill is printed and circulated at 11 o'clock at night,
on a Thursday night, and we are required to vote on it in less than 24
hours the next day. That is not the kind of transparency, that is not
the kind of accountability, that is not what will actually give people
more confidence in their Government-elected officials. To the contrary.
There is another provision in this omnibus bill that has essentially
started a trade war with Mexico, something that causes me grave
concern.
So as we consider the President's $3.6 trillion budget proposal, we
should remember the lessons of the past 2 weeks: spending so much
money, so quickly, can lead to unintended consequences, to say the very
least, but the biggest consequence of this budget is the amount of debt
we are accumulating. I have already talked about it a minute.
But, of course, we were shocked, and I think even the President and
the administration were shocked, by the Congressional Budget Office,
the nonpartisan office which evaluates financial matters for Congress,
which said the President's budget will actually create deficits
averaging nearly $1 trillion a year for the next decade.
I mentioned the fact that it would double the debt in 5 years, triple
it in 10 years. The Congressional Budget Office said the size of the
national debt as a percentage of the economy will become the highest
since the years after World War II.
So these students who start college this year will see their share of
the national debt grow from $19,000 per student to more than $36,000
per student after graduation from a 4-year program. By 2019, their
share of the debt will grow to more than $55,000 per person. Can you
imagine, with the money they have to borrow to fund their education,
with their credit card debt--and I do not know any student who does not
have sizable credit card debt--we are going to heap $55,000 in
additional debt on these students. That is a tough way to start out
your life after school as you start your first job. Today's college
students will ultimately have to pay back the debt, as well as the
generations that succeed them. All bailouts, one way or another, will
come out of their pocket.
I urge my colleagues to understand the impact on this younger
generation of a budget that taxes too much, spends too much, and
borrows too much. Because of our actions, the next generation will
either have to raise more taxes or cut programs that are necessary or
lower their standard of living.
I know from my parents, members of the ``greatest generation,'' the
one thing they aspired to more than anything else was that my brother
and my sister and I would have a better life, more opportunities, more
freedom, a better standard of living than they did. And they were
willing to sacrifice for that, and sacrifice they did. But it seems to
me the sacrifices we are calling for today are all on our children and
grandchildren, and none upon the present generation.
The President says he wants to make hard decisions. But I do not see
any hard decisions in this budget. All I see is more borrowing, more
taxing, and more spending, and that is exactly the wrong way we ought
to be headed.
Mr. President, I thank the Chair and yield the floor.
The PRESIDING OFFICER. The Senator from Michigan.
Ms. STABENOW. Mr. President, I ask unanimous consent to speak as in
morning business.
The PRESIDING OFFICER. Without objection, it is so ordered.
Ms. STABENOW. Mr. President, we know our planet is in danger, and
later this year we will be debating a climate bill to address our
environmental challenges. I am glad to see my colleagues from the other
side of the aisle are doing their part for the environment by recycling
15-year-old talking points on the budget.
President Bush left us a terrible mess: high unemployment, high
deficits, millions without health care. I am referring to the first
President Bush and the mess inherited by President Bill Clinton. One of
my colleagues at the time said Clinton's budget would ``destroy the
economy.'' Well, I think everyone knows the Clinton years did not
destroy the economy. In fact, they created about 22 million new jobs.
Let's look at some of the newspaper headlines from back then. First
of all, just this week, Politico's banner headline was: ``GOP Warns
About Budget Hardball.'' That is what we have been hearing on the
floor--hardball, people coming down time after time attacking President
Obama's budget.
But back in 1995, we heard the same thing: ``GOP Plan for Budget to
Take No Prisoners.''
In 1993: ``GOP's Politics of No.'' Sound familiar? GOP's politics of
no.
In 1993: ``One-Word Vocabulary Hobbles GOP. Republicans Grouse as
Senate Takes Up Budget Bill.'' You could recycle and, in fact, that is
what they are doing, every single one of these comments and every
single one of these headlines.
The American people voted for change last November. They are tired of
all of this. They are tired of the nay-saying, the doom and the gloom.
They deserve better than a Republican repeat, and that is,
unfortunately, what is happening: a Republican repeat,
[[Page 8522]]
same old politics, same old politics of no, slow-walking,
filibustering; same old policies; every problem should have a tax cut
for the wealthy. That is what got us into this mess.
We hear the same old thing from our colleagues on the other side of
the aisle. We hear no to health care reform and the budget, no to
creating 3.5 million new jobs through the recovery plan. We hear no to
increasing oversight of our financial sector. We hear no to extending
unemployment for those most in need. Certainly, in my great State of
Michigan the answer has been no. To a commonsense budget that provides
middle-class tax cuts and will cut the deficit in half in 4 years, what
do we hear? No.
The budget we are working on now focuses on the real problems
affecting American families, the things that people sit down with their
families and struggle over every day. The Obama budget invests in
America's future by focusing on jobs, by focusing on health care, by
focusing on energy independence, and education. That is what our
families are concerned about as they are trying to juggle what to pay
first amidst the crisis they feel today.
This is a budget we need to do right now. We need to move past the
politics of no and start working together to do what is right for
American families. I urge my colleagues to look past the next election
cycle and to pass this budget to get America back on track again.
I thank the Chair. I yield the floor.
The PRESIDING OFFICER. The Senator from Tennessee.
Amendment No. 688
Mr. CORKER. Mr. President, I rise to speak regarding amendment No.
688, the Crapo-Corker amendment. I say to the Senator from Michigan,
this is an opportunity for us all to say yes.
This is an amendment that is very important to people all across the
country. What this amendment does is it gives the FDIC the ability to
have a line of credit that today is at $30 billion, and it gives them a
line of credit up to $100 billion. The FDIC was put in place in 1991
when banking assets in our country were at $4.5 trillion. Today, bank
assets in our country total almost $14.7 trillion. We have an FDIC
today that is hamstrung because of the financial crisis in which we
find ourselves. So this amendment would raise that line of credit from
$30 billion, which is an ancient establishment, to $100 billion.
Secondly, what it would do is give the FDIC--with certain signatures
required from the Fed, from the Treasury, from others--access to a $500
billion line of credit in the event they need it to seize an
institution to protect depositors. So this does two things.
To make this relevant to people who will be voting on this amendment,
hopefully, this afternoon, I think all of my colleagues know the FDIC
has just put in place a special assessment. My guess is every person in
this body has heard from community bankers and regional bankers and
even larger establishments about this special assessment.
I know in Tennessee, many of the community banks actually would have
to spend an entire quarter's earnings to pay this special assessment.
So by doing what we are doing in this amendment, we actually give the
FDIC time to amortize that special assessment over a number of years
which will cause it to be far more palatable for community bankers, in
particular, who have had nothing whatsoever to do with the financial
crisis in which we find ourselves.
Secondly--and I think this ought to be equally important to people
here--this gives the FDIC the ability to move into an organization
quickly and to seize it to protect depositors' accounts.
I know right now the fund is running thin. My guess is that could
affect--and actually the FDIC has lobbied for this--this might affect
future actions if they don't feel as though they have the resources
necessary to go into an organization to do the things they need to do
to make sure depositors are protected.
This action is action for which I would imagine we could almost get
unanimous support. As a matter of fact, my guess is we could voice vote
this. As a matter of fact, I hope that will occur this afternoon.
In the past, this legislation has been held hostage to what is called
the cram-down provision. The cram-down provision has been before this
body. It was defeated overwhelmingly. Numbers of Democrats thought it
was bad legislation. There have been a few Senators who have tried to
attach cram-down to this legislation that we will be voting on this
afternoon and tried to extort action on cram-down by virtue of holding
this very good piece of policy at bay.
It is my hope this afternoon that we will do something that is very
important, especially to community bankers across the country but also
to depositors to make sure we have the ability to protect them: that
the FDIC has the ability to move quickly. Move aside from extortionary
politics and move toward doing something that is good for our country,
good for community bankers, and certainly very good for depositors all
across this country.
Mr. President, I thank you for this time. I yield the floor.
The PRESIDING OFFICER. The Senator from North Dakota.
Mr. DORGAN. Mr. President, first, I wish to say with respect to the
Serve America Act, let me compliment the committee chair and the
ranking member. This is a good piece of legislation. I am proud to
support it. I also wish to say I have an amendment I hope we will be
able to accept by voice this afternoon. It is the amendment that calls
for a tribal liaison to the Corporation of National and Community
Service in order to keep Indian tribes in this country fully involved
in this process.
Some of the highest rates of unemployment in this country exist
within Indian tribes. The opportunity to participate in, for example,
the National Committee Service Program would be very important. So I
know this amendment is supported by the chair and the ranking member,
and I hope we can accept it by voice vote at some point this afternoon.
Mr. President, I would inform Senator Mikulski that I wanted to
describe to my colleagues something that is happening in our State as I
speak, and I wanted to do so in morning business so it doesn't
interrupt the flow of the debate over this bill. So I ask unanimous
consent to speak as in morning business to describe the flooding threat
that is occurring in my State at this moment.
The PRESIDING OFFICER. Without objection, it is so ordered.
(The further remarks of Mr. Dorgan are printed in today's Record
under ``Morning Business.'')
The PRESIDING OFFICER. The Senator from Maryland is recognized.
Ms. MIKULSKI. Mr. President, later this afternoon we are going to be
voting on the Crapo amendment, No. 688, to increase borrowing authority
for the FDIC. I will not be supporting the Senator's amendment even
though I agree there is much about the policy in the amendment that I
agree with. It might be a good idea, but it is in the wrong place.
The bill pending before the Senate is the national service bill. It
is the result of bipartisan, bicameral work--very complicated
bipartisan, bicameral negotiations--on which we have strong support
from a range of Senators and strong support from the administration.
Introducing contentious housing and economic issues into this debate
would jeopardize the bipartisan support we have on this bill and could
wreak havoc in the conference we will be facing with the House. We
don't want to be in havoc with the House. It is one thing to be
negotiating assertively, representing a Senator's viewpoint with the
House on national service and what is the best, most prudent, and
affordable way to do it, but if we have to carry over to the House an
amendment dealing with FDIC and insurance--that really belongs on
another bill.
I encourage our colleague, Senator Crapo, to withdraw the amendment.
I really would not like to reject the idea, but that is the Banking
Committee's jurisdiction. As I understand it from the chairman and
ranking member of
[[Page 8523]]
the Banking Committee, this is a substantive issue they intend to take
up in their committee.
I say to my colleagues on both sides of the aisle, if Senator Crapo
insists upon a vote, that we really not pass his amendment. For all of
those who think the policy has merit, I don't dispute that. But that is
for another forum. That is for a Banking Committee forum. That should
be hashed out in the Banking Committee, and then recommendations would
be brought to the respective caucuses of both the Democrats and
Republicans so that we can have a substantive discussion.
I must say that to increase the borrowing authority of the FDIC from
$30 billion to $100 billion should not be done on a shoot-from-the-lip.
That is what this amendment is, all due respect to my colleague. Just
kind of dumping it on national service is a shoot-from-the-lip
amendment. I think it deserves more caution and consideration. We are
talking about raising the borrowing authority by $70 billion just when
everybody is saying: Hey, Obama is taking on too much. I think we are
taking too much on in an amendment with the national service bill.
I say to my colleague, please withdraw your amendment. If you insist
upon a vote, I am afraid I will have to oppose you in a very vigorous
way. Perhaps, if done appropriately through the Banking Committee and
it comes before the Senate in the regular order, I might be in the
``aye'' column.
So when we do vote on that, that is the category I will be in. As I
understand it, we will be voting on that amendment this afternoon.
There is still time for the Senator to come over and withdraw his
amendment. I say this in the most respectful way because I know how
strongly he feels about it. He has a lot of expertise on that, and I
would like to see that expertise channeled to the right place, at the
right time, with the right amendment, on the right bill.
Mr. President, I yield the floor and suggest the absence of a quorum.
The PRESIDING OFFICER. The clerk will call the roll.
The legislative clerk proceeded to call the roll.
Ms. MIKULSKI. Mr. President, I ask unanimous consent that the order
for the quorum call be rescinded.
The PRESIDING OFFICER. Without objection, it is so ordered.
Ms. MIKULSKI. Mr. President, I ask unanimous consent that at 3 p.m.,
the Senate resume consideration of amendment No. 688; that if a budget
point of order is raised against the amendment and a motion to waive
the applicable point of order is made, that immediately thereafter the
Senate proceed to vote on the motion to waive the point of order.
The PRESIDING OFFICER. Is there objection?
Without objection, it is so ordered.
The Senator from Arizona is recognized.
Mr. KYL. Mr. President, President Obama has said he wants to
encourage ``a renewed spirit of national service for this and future
generations.'' I submit that we can all agree on the value of promoting
voluntarism. Volunteers are essential to the survival of many
charitable organizations in America. But I believe S. 277 diminishes
the true spirit of volunteering, first, by providing taxpayer-funded
benefits such as monthly stipends and housing to participants--this
financial support for volunteers will cost over $5 billion, which is a
lot of money for volunteering--and secondly, by redefining volunteering
as a taxpayer-funded political exercise in which Government bureaucrats
can steer funding to organizations they select.
In the past, service organizations mandated by the Government have
not been constrained from providing funds to organizations with
political agendas, and this bill is no different. While the Mikulski
substitute amendment to the bill adds a limited constraint, the
political direction of the bill is still apparent. It attempts to
direct resources to five newly created corps--three that aim to
influence health care, energy and the environment, and education; that
is, groups that reflect the key aspects of President Obama's domestic
agenda. For instance, the bill would allocate funds to a newly created
Clean Energy Corps in which participants would improve energy
efficiency in low-income households. All well and good, but the bill
would also require the Clean Energy Corps to consult with energy and
labor and the Environmental Protection Agency. Among the activities of
the new Clean Energy Corps would be reducing carbon emissions. How
reducing carbon emissions can be achieved by volunteers has not been
made clear. Is this, in fact, an attempt to create federally subsidized
``green jobs'' in areas already served by other Government programs or
traditionally served by State, local, and private community service
organizations?
Another problem with the bill is its failure to eliminate programs
that are not working. Current national service programs being funded,
such as Learn and Serve and the AmeriCorps National Civilian Community
Corps, have not been successful. On its Web site, expectmore.gov, which
provides a database of Federal program performance results, the Office
of Management and Budget has categorized both of these programs as not
performing and ineffective.
Finally, there are the costs associated with the programs. The
Congressional Budget Office estimates that the costs this year will top
$1 billion and will cost another $5.7 billion from 2010 to 2014 to
expand the program from the current 75,000 participants to 200,000
participants by 2014.
There is ample reason to conclude that these programs are not worth
another $5.7 billion. I realize we have gotten to the point where $1
billion does not mean what it once did. But S. 277 would saddle
taxpayers with another multimillion dollar bill at a time when we
should be cutting back, not finding new ways to spend.
The spirit of voluntarism is alive and well in America. I see it in
my own State of Arizona. Could we agree that maybe there is one area of
our society in which we do not have to add more Government? I think
volunteering to help our neighbors might be a good place to start.
Mr. President, I suggest the absence of a quorum.
The PRESIDING OFFICER. The clerk will call the roll.
The legislative clerk proceeded to call the roll.
Mr. DODD. Mr. President, I ask unanimous consent that the order for
the quorum call be rescinded.
The PRESIDING OFFICER. Without objection, it is so ordered.
Mr. DODD. Mr. President, very briefly, I gather Senator Mikulski has
already addressed this point, but I see my very good friend from Idaho,
Mr. Crapo, here as well, the author of the amendment. I commend him for
it. I know this is going to sound awkward because there is going to be
a procedural issue we are going to vote on shortly.
My colleague should understand the procedural differences should not
reflect substantive differences at this point. We agree with what he is
trying to achieve. There is an issue here involving a budget point of
order, as well as a determination, I know, by the authors of this
bill--Senator Mikulski, Senator Kennedy, Senator Hatch, Senator Enzi,
the principal authors--to try to achieve a bill that can move quickly
dealing with national service.
But the underlying amendment by Senator Crapo is one that I think is
universally supported--there may be some who disagree, but I do not--
that this has a lot of merit and we need to deal with it in conjunction
with other matters, with which my colleague from Idaho is very
familiar, dealing with the FTC, some safe harbor provisions from
Senator Martinez dealing with the foreclosure issue, and several other
points as well. We are trying to include these as an overall package
which we are working on and hopefully can complete maybe before the
recess. I don't want to commit to that but certainly quickly because
there is a sense of importance to these matters.
I want my colleagues to know, particularly my friend from Idaho, that
supporting a motion dealing with a budget matter here is not a
reflection of the substance of his amendment.
[[Page 8524]]
We talked privately about this issue, but I wanted to say so publicly
as well, and that as chairman of the committee of jurisdiction, we will
move as quickly as we possibly can to deal with this and related
matters.
Again, I wish my colleagues to know that as well, but that is the
rationale behind this particular moment.
Again, I thank my colleague from Idaho for raising this important
issue. He is a valued member of the committee and made a very
worthwhile suggestion, certainly one we will, in my judgment,
incorporate as part of this larger package.
Mr. President, I yield the floor.
The PRESIDING OFFICER. The Senator from Idaho.
Mr. CRAPO. Mr. President, I thank my committee chairman, Senator
Dodd, of the Banking Committee for his comments. I appreciate our
working relationship and the commitment he made on not only this issue
but a number of issues of importance facing our financial institutions
and the reform we need to deal with in Congress. I look forward to
working with him on that matter.
I also thank Senator Mikulski for her patience as we brought this
issue up on her bill. I truly do appreciate her patience and her
understanding. I understand what the procedure is going to be and what
the votes are going to be in a few minutes. I recognize that. I do
realize we have a procedural issue here, but we also have a very
critical financial issue.
As Senator Dodd has so well stated, this is an issue on which we have
broad bipartisan agreement. I appreciate his commitment to work with us
in an expeditious manner so that we can get this legislation put into
law as soon as possible. There is an urgency. It is not an emergency
yet and we have a little bit of time to deal with it, but there is an
urgency. I appreciate Senator Dodd's recognition of that and his
willingness to work with us on this issue.
Mr. President, I yield the floor.
The PRESIDING OFFICER. The Senator from Nevada.
Mr. ENSIGN. Mr. President, I wish to ask the manager of the bill if I
may bring up a couple of my amendments. We gave the amendments to her
staff about 4 hours ago. I was recently informed I was not going to be
able to get those amendments up and pending. The majority leader of the
Senate asked us to get amendments up. I cleared my schedule to make
sure I could come over and get my amendments up. Now I am told by
Senator Mikulski's staff that there would be objection to getting any
more amendments pending.
Ms. MIKULSKI. Mr. President, I say to my colleague from Nevada, there
seems to be some confusion about this matter. We do want to address his
amendments. We have been working on his side trying to queue up those
amendments. Perhaps during this vote he and I can talk. I think there
was confusion about where there are some roadblocks. Let's talk during
the vote.
Mr. ENSIGN. I appreciate that.
The PRESIDING OFFICER. The Senator from Tennessee.
Mr. CORKER. Mr. President, I wonder if I may have permission to ask
the Senator from Connecticut a question.
Mr. President, I stepped in after the dialogue was taking place on
the floor. My understanding is that the Crapo amendment that actually
is part of the original bill--that you are very much a part of and have
allowed--is going to come up in an expeditious manner. I wonder if we
have a commitment from the chairman, whom I respect and certainly enjoy
working with very much, that it come up unattached to a cram-down so
that we don't have the extortion of that issue being attached to this.
I didn't hear that, so I wanted to know if that was also part of the
commitment.
Mr. DODD. Mr. President, I appreciate my colleague from Tennessee
having very good ears in all of this. I can't dictate what all is going
to be included in the amendment. My colleague, of course, is aware that
there are a number of our colleagues who are very interested in the
cram-down--as you call it--provision dealing with the bankruptcy law
and primary residences. So I cannot give the assertion that a final
package will or will not include that. That will largely depend on how
these negotiations proceed.
That is the reason we are not prepared today to go forward with this
proposal, along with others as part of this package. And I know there
are strong feelings on both sides of that question in this Chamber. So
I know I have been asked to give that assertion, which I cannot give,
obviously, any more than I could give an assertion that other pieces
Members are interested in would be excluded or included at a moment
like this.
What I have said to my colleague--and I will repeat to my good friend
from Tennessee, with whom I enjoy a very good relationship--is that
this is a very important matter my friend has raised. I agree with him
on the substance of it. It needs to be done expeditiously. It is a
serious issue. There are others, dealing with the Federal Trade
Commission and others, which need to be a part of a package that our
bankers--particularly our community bankers--are very interested in.
I also know there are strong feelings about the cram-down provisions.
But as I have said to my colleague from Idaho and others, I cannot
today stand here and dictate the outcome of a matter on which there are
strong feelings and opinions in this Chamber. We will deal with that as
we normally do, through the normal process, one way or the other.
At this particular moment, given the fact that we need to deal with
this in a more complete fashion, there is a budget point of order on
this matter and, clearly, the authors of this bill, the pending matter,
would like to move this matter without having extraneous material added
to it. So for all those reasons, I will be supporting the motion of the
Senator from Maryland so we can move along with the matter. But that is
the answer to the question of my good friend from Tennessee.
Mr. CORKER. Mr. President, if I could have just 30 seconds, I
certainly thank the Senator from Connecticut and, again, will certainly
work with him. I might add that the strong feelings that are felt sort
of go in this manner: that there is unanimous or overwhelming support
for this particular provision, and this body is very divided on this
other issue. So it does, in effect, keep us from having a very good
policy that is very much supported from becoming law.
It is broken down by the fact we have tremendous dissension in this
body--or let me say this: a difference of opinion in this body--over
the cram-down issue. But that is stating the obvious, and I am sure the
American public understands that.
I yield the floor.
The PRESIDING OFFICER. The Senator from Idaho.
Mr. CRAPO. Mr. President, I ask unanimous consent that Senator
Chambliss be added as a cosponsor of the Crapo amendment.
The PRESIDING OFFICER. Without objection, it is so ordered.
Under the previous order, the question is on agreeing to amendment
No. 688 offered by the Senator from Idaho, Mr. Crapo.
Ms. MIKULSKI. Mr. President, I make a point of order that the pending
amendment violates section 302(f) of the Congressional Budget Act of
1974.
Mr. CRAPO. Mr. President, I move to waive the applicable provisions
under the Budget Act with respect to my amendment, and I ask for the
yeas and nays.
The PRESIDING OFFICER. Is there a sufficient second?
There is a sufficient second.
The yeas and nays were ordered.
Ms. MIKULSKI. Mr. President, what is the order, a vote or a quorum?
The PRESIDING OFFICER. A quorum is in order if someone suggests the
absence of a quorum.
Mr. CRAPO. Mr. President, I suggest the absence of a quorum.
The PRESIDING OFFICER. The clerk will call the roll.
The assistant legislative clerk proceeded to call the roll.
Mr. REID. Mr. President, I ask unanimous consent that the order for
the quorum call be rescinded.
[[Page 8525]]
The PRESIDING OFFICER. Without objection, it is so ordered.
The question is on agreeing to the motion to waive the Budget Act in
relation to the Crapo amendment, No. 688. The yeas and nays have been
ordered.
The clerk will call the roll.
The assistant legislative clerk called the roll.
Mr. DURBIN. I announce that the Senator from Massachusetts (Mr.
Kennedy) is necessarily absent.
Mr. KYL. The following Senator is necessarily absent: the Senator
from Wyoming (Mr. Enzi).
The PRESIDING OFFICER (Mr. Merkley). Are there any other Senators in
the Chamber desiring to vote?
The yeas and nays resulted--yeas 48, nays 49, as follows:
[Rollcall Vote No. 110 Leg.]
YEAS--48
Alexander
Barrasso
Baucus
Bennett
Bond
Brownback
Bunning
Burr
Cantwell
Chambliss
Coburn
Cochran
Collins
Corker
Cornyn
Crapo
DeMint
Dorgan
Ensign
Feingold
Graham
Grassley
Gregg
Hatch
Hutchison
Inhofe
Isakson
Johanns
Kyl
Lincoln
Lugar
Martinez
McCain
McCaskill
McConnell
Murkowski
Nelson (NE)
Risch
Roberts
Sessions
Shelby
Snowe
Specter
Tester
Thune
Vitter
Voinovich
Wicker
NAYS--49
Akaka
Bayh
Begich
Bennet
Bingaman
Boxer
Brown
Burris
Byrd
Cardin
Carper
Casey
Conrad
Dodd
Durbin
Feinstein
Gillibrand
Hagan
Harkin
Inouye
Johnson
Kaufman
Kerry
Klobuchar
Kohl
Landrieu
Lautenberg
Leahy
Levin
Lieberman
Menendez
Merkley
Mikulski
Murray
Nelson (FL)
Pryor
Reed
Reid
Rockefeller
Sanders
Schumer
Shaheen
Stabenow
Udall (CO)
Udall (NM)
Warner
Webb
Whitehouse
Wyden
NOT VOTING--2
Enzi
Kennedy
The PRESIDING OFFICER. On this vote, the yeas are 48, the nays are
49. Three-fifths of the Senators duly chosen and sworn not having voted
in the affirmative, the motion is rejected, the point of order is
sustained, and the amendment falls.
Amendment No. 715 to Amendment No. 692
The PRESIDING OFFICER. The Senator from Nevada.
Mr. ENSIGN. I ask for the regular order concerning the Baucus
amendment and I send a second-degree amendment to the desk.
The PRESIDING OFFICER. The clerk will report.
The assistant legislative clerk read as follows:
The Senator from Nevada [Mr. Ensign] proposes an amendment
numbered 715 to amendment No. 692.
Mr. ENSIGN. I ask unanimous consent that reading of the amendment be
dispensed with.
The PRESIDING OFFICER. Without objection, it is so ordered.
The amendment is as follows:
(Purpose: To clarify that nonprofit organizations assisted under the
Nonprofit Capacity Building Program include certain crisis pregnancy
centers, and organizations that serve battered women or victims of rape
or incest)
On page 2, line 20, insert before the period the
following: ``which shall include crisis pregnancy centers,
organizations that serve battered women (including domestic
violence shelters), and organizations that serve victims of
rape or incest''. These organizations must be charities
within the meaning of the United States tax code.
Mr. ENSIGN. Mr. President, this is a very simple amendment. The
Baucus amendment wants to pay legal fees for some of these
organizations that are volunteer organizations. Sometimes these
organizations have significant legal fees. What my amendment says is,
even though the bill doesn't specifically exclude any organizations, I
wish to make sure that several of these organizations or types of
organizations are able to be included and eligible for some of those
legal fees. In my amendment, it points out things such as crisis
pregnancy centers, battered women shelters, rape crisis centers,
various organizations that are specifically geared toward helping
women. I wished to make sure that somewhere down the line somebody at
an administrative level doesn't exclude somebody because they have a
different political philosophy. We want to make sure the people in
these organizations are included. These are people, obviously, from
both sides of the political aisle whom we have included in our
amendment. I urge its adoption.
The PRESIDING OFFICER. The Senator from Maryland.
Ms. MIKULSKI. Mr. President, we can appreciate this amendment and the
thrust behind it.
I suggest the absence of a quorum.
The PRESIDING OFFICER. The clerk will call the roll.
The assistant legislative clerk proceeded to call the roll.
Ms. MIKULSKI. I ask unanimous consent that the order for the quorum
call be rescinded.
The PRESIDING OFFICER. Without objection, it is so ordered.
Ms. MIKULSKI. Mr. President, the Ensign amendment would make an
unnecessary and divisive change to the bipartisan amendment offered by
Senators Baucus and Grassley. The Baucus-Grassley amendment would
create a nonprofit capacity building program. It would fund a grant
program to provide education opportunities to small charities,
primarily designed for those in rural areas. The education
opportunities would teach charities how to manage finances and
fundraise effectively, how to accurately file complicated tax forms,
adopt new computer technologies or even plan a long-term budget.
Capacity in rural communities, such as I see in my own areas, do need
help. I think the Grassley-Baucus amendment has merit. In the Baucus-
Grassley amendment, there is no limitation on the types of charities
that can access these training programs. Therefore, the amendment of
the Senator from Nevada is unnecessary.
Support for the Baucus-Grassley amendment is quite broad. The
National Council of Nonprofits, the Independent Sector, and the
Alliance for Children and Families have voiced their strong support for
this amendment. I urge colleagues to oppose the Ensign amendment.
I wish to also comment on his desire to include crisis pregnancy
centers. That is a broad definition. I am not sure what he means by a
crisis pregnancy center. There are those that are ones with a
particular philosophical viewpoint as compared to broad pregnancy
information. These centers are already covered by language in the
current bill. The amendment is not needed. There is a question about
adding that explicit language. I urge Members not to adopt the Ensign
second-degree amendment. It is unnecessary and unneeded and would cause
quite an intense negotiation with the House when we go to conference.
The whole idea of the way we have been working so faithfully on a
bipartisan and even bicameral basis is to not to have a long conference
so we are able to move the national service bill to signing by the
President so it could be included in this year's appropriations. By
adding the Ensign second degree, this would result in jeopardizing the
passage of the bill.
I urge defeat of the Ensign amendment and would so recommend to my
colleagues.
I suggest the absence of a quorum.
The PRESIDING OFFICER. The clerk will call the roll.
The assistant legislative clerk proceeded to call the roll.
Mrs. SHAHEEN. I ask unanimous consent that the order for the quorum
call be rescinded.
The PRESIDING OFFICER. Without objection, it is so ordered.
Mrs. SHAHEEN. I ask unanimous consent to set aside the pending
amendment so my amendment No. 712 can be called up for consideration.
The PRESIDING OFFICER. Is there objection?
Mr. THUNE. Reserving the right to object, I would also ask, as part
of that agreement, that I have an amendment that also be made pending
as part of the request of the Senator from New Hampshire.
Ms. MIKULSKI. I object.
The PRESIDING OFFICER. Objection is heard.
[[Page 8526]]
The Senator from Maryland.
Ms. MIKULSKI. Mr. President, we didn't know the Senator had an
amendment. We need to have a copy of the amendment. If we could have a
copy, we would be willing to discuss it.
Mr. THUNE. I would be happy to make it available to the distinguished
manager of the bill.
I suggest the absence of a quorum.
The PRESIDING OFFICER. The clerk will call the roll.
The assistant legislative clerk proceeded to call the roll.
Ms. MIKULSKI. I ask unanimous consent that the order for the quorum
call be rescinded.
The PRESIDING OFFICER. Without objection, it is so ordered.
Ms. MIKULSKI. Mr. President, if I may say to the Senator from South
Dakota, we are looking at his amendment to see if there is something we
can accommodate. Would it be agreeable to him if the Senator from New
Hampshire offered a bipartisan amendment that she and the other Senator
from New Hampshire are offering? She will offer it and speak briefly,
understanding that the Senator had sought recognition before she did.
Mr. THUNE. Let me ask through the Chair, so the understanding would
be that the amendment of the Senator from New Hampshire would become
the pending amendment?
Ms. MIKULSKI. Yes.
Mr. THUNE. Is there any understanding beyond that about amendments
offered by Members on our side, mine included?
Ms. MIKULSKI. It is a matter of expediting the time. We are reviewing
your amendment, which is a sense of the Senate. We are viewing it from
not only a policy standpoint but with this arrangement of discussing
issues with the House. It is more of a time management issue than a
content issue.
I ask unanimous consent that upon completion of the offering of the
amendment by the Senator from New Hampshire, the Senator from South
Dakota's amendment be pending.
Mr. THUNE. I thank the Senator from Maryland. I withdraw my
objection.
The PRESIDING OFFICER. The Senator from New Hampshire.
Amendment No. 712 to Amendment No. 687
Mrs. SHAHEEN. I ask unanimous consent to set aside the pending
amendment so amendment No. 712 can be called up for consideration.
The PRESIDING OFFICER. Without objection, it is so ordered.
The clerk will report.
The assistant legislative clerk read as follows:
The Senator from New Hampshire [Mrs. Shaheen], for herself
and Mr. Gregg, proposes an amendment numbered 712 to
amendment No. 687.
Mrs. SHAHEEN. I ask unanimous consent that reading of the amendment
be dispensed with.
The PRESIDING OFFICER. Without objection, it is so ordered.
The amendment is as follows:
(Purpose: To provide that an Education Corps may carry out activities
that provide music and arts education and engagement)
In section 122 (a)(1)(B) of the National and Community
Service Act of 1990, as amended by section 1302 of the bill,
insert at the appropriate place the following:
``(__) providing skilled musicians and artists to promote
greater community unity through the use of music and arts
education and engagement through work in low-income
communities, and education, health care, and therapeutic
settings, and other work in the public domain with citizens
of all ages;''.
Mrs. SHAHEEN. Mr. President, I appreciate your assistance in moving
this amendment forward and certainly appreciate the Senator from South
Dakota and, of course, the Senator from Maryland for helping me move
forward with this amendment.
I bring this amendment forward on behalf of my colleague from New
Hampshire, Senator Gregg, and myself. The Shaheen-Gregg amendment would
simply add to the menu of activities that can be included in the
Education Corps. It would include musicians and artists to promote arts
in education. That, very simply, is the amendment.
I would also like to speak briefly to the pending legislation, S.
277, the Serve America Act. I want to begin by commending my
colleagues, Senator Kennedy and Senator Hatch, for their leadership in
working on this legislation and bringing it forward and, of course,
Senator Mikulski and Senator Enzi for their work in making sure the
discussion on this bill can go forward, so hopefully we can pass this
legislation this week.
This Serve America Act clearly embodies the spirit of America--a
spirit that calls on all of us to give back to our country and to work
together to build a nation that can continue to offer endless
opportunity to generations to come.
This bill could not come at a more critical time in our Nation's
history. More and more people need help getting by in this tough
economic climate, while more and more of even the most generous among
us have less and less to contribute to charitable activities. That is
what makes this legislation so special. It has nothing to do with
status, with background, with privilege or circumstance. Every American
is equal in their ability to give of themselves and their time. As
Martin Luther King said so eloquently: Every American can be great
because every American can serve--to paraphrase what he said a little
bit. The Serve America Act encourages voluntarism at every stage of
life--from students, to full-time workers, to senior citizens.
Throughout American history, the compassion of our people has gotten
us through the most difficult of times. That spirit exists today in
communities across America, and the Serve America Act taps into the
strong desire of Americans to do their part to help our country recover
and prosper.
No deed is too small. While the average American may not be able to
save struggling banks from financial crisis, they can help a family to
weatherize their home so they can save money on their heating or
cooling bills. They can mentor a child so that child can reach his or
her greatest potential, so they can hopefully go to college and compete
in this global economy.
The Serve America Act will usher in a new era of service and civic
engagement in our country, where we can solve our most difficult social
challenges by using entrepreneurial spirit to bring about social
change. It will build upon great success stories in voluntarism, such
as AmeriCorps, by increasing the numbers of volunteers involved in
volunteer programs nationwide from 75,000 to 250,000.
It also creates several new volunteer organizations with missions in
specific areas of national deed, including a Clean Energy Corps. While
Congress works to position America as a leader in clean energy and
energy efficiency, this group of volunteers will enhance our efforts by
encouraging efficiency and conservation measures in communities and
neighborhoods. It is an idea that makes so much sense. In New
Hampshire, I know volunteers stand ready, for example, to make homes
more energy efficient, or work to preserve our State's many parks,
trails, and rivers for future generations to enjoy.
As Governor of New Hampshire, I saw firsthand the difference that
programs such as AmeriCorps and other volunteer programs can make. Plus
Time New Hampshire is one of those programs. It provides afterschool
help to vulnerable students who would otherwise go home to empty
houses. And New Hampshire's City Year program has been successful in
decreasing the high school dropout rate.
I just point out that City Year was started by a New Hampshire
native, Alan Khazei, who, with some of his friends from Harvard, was
able to start a wonderful program that has now expanded across the
country.
One young volunteer in New Hampshire for City Year, Jennifer Foshey,
volunteered at Hampton Academy through the City Year program. During
her year of service, she worked with sixth grade boys who were
struggling academically and failing most of their classes. Jennifer
provided one-on-one academic support, individual mentoring, and
encouraged these students to get involved in extracurricular
activities.
Because of her hard work, the boys' grades improved dramatically, and
one
[[Page 8527]]
of them joined the community service afterschool club Jennifer ran. He
was later quoted in the school paper as saying:
There are kids in our neighborhoods that need help, and
it's our job to help them.
There could not be a better testament to the ripple effect programs
such as City Year that are supported in this legislation have in our
communities.
I have long been an advocate for national service because I have seen
the power of these volunteers--power not only to help those in need but
to empower citizens and strengthen communities. There is no question
that the Serve America Act expands opportunities for all Americans to
become involved in service in a wide range of areas of need.
Today, this amendment I offer will further extend the work of the
service corps by offering opportunities for skilled musicians and
artists to expand educational opportunity, promote greater community
unity, and bridge cultural divides through the use of music and arts
engagement.
The Serve America Act is so important to those in New Hampshire and
across the country. I am very pleased and honored to join with Senators
Kennedy, and Hatch, and Mikulski, to cosponsor such an important piece
of legislation that invests in new, innovative solutions to our
Nation's most persistent social problems, and I urge my colleagues to
join me in support of the Serve America Act. I hope they will also
support the amendment Senator Gregg and I are offering.
Mr. President, I yield the floor.
The PRESIDING OFFICER. The Senator from Maryland.
Ms. MIKULSKI. Mr. President, I thank the Senator from New Hampshire,
along with her colleague, the senior Senator, Mr. Gregg, for offering
this amendment. It does make sure that service programs in the
Education Corps are also allowed to incorporate art and music. We in
the committee on both sides of the aisle support this. We support it
both for content reasons and process reasons.
In the area of process, what the Shaheen-Gregg amendment does is
actually incorporate art and music as eligible for funding, as do our
colleagues in the House. So it puts it in symmetry with the House. This
is what we like. It is when we are out of symmetry with the House that
we do not like it. This makes it a high note for art and music.
Second, we know that for many of our boys and girls, the involvement
in art and/or music can have a profound impact on, No. 1, school
attendance--they really want to come to school to follow their passion;
No. 2, it also seems to have a particularly positive effect in the area
of behavior for special education children. Special education children
seem to have a real affinity in engaging in music and art activity and
often by the enrollment in those activities.
What we see in our public schools is that art and music programs have
been the first on the budget block when it comes to the reduction of
funds. Having talented young people come in with this kind of approach
can really help school attendance, help with behavior problems in
schools, and also unlock a talent in a child.
If a child grows up, as I see in Baltimore in that show called ``The
Wire''--where neighborhoods that are so drug saturated that there is
constant police activity, and the informants become the wire--the
children of those communities are so terribly disadvantaged. The
teachers work under such Spartan circumstances that AmeriCorps being
able to come in could change lives--could actually change lives.
The Shaheen-Gregg amendment is an excellent concept to add to our
Education Corps. We, under normal circumstances, would accept it, but
we understand a vote will be required. But when they call my name, I am
going to be in the ``aye'' column.
Mr. President, I yield the floor.
I suggest the absence of a quorum.
The PRESIDING OFFICER. The clerk will call the roll.
The bill clerk proceeded to call the roll.
Mr. THUNE. Mr. President, I ask unanimous consent that the order for
the quorum call be rescinded.
The PRESIDING OFFICER. Without objection, it is so ordered.
Amendment No. 716 to Amendment No. 687
Mr. THUNE. Mr. President, I ask unanimous consent that the amendment
I have at the desk be called up and made pending.
The PRESIDING OFFICER. Is there objection to setting aside the
pending amendment?
Without objection, it is so ordered.
The clerk will report the amendment.
The bill clerk read as follows:
The Senator from South Dakota [Mr. Thune] proposes an
amendment numbered 716 to amendment No. 687.
Mr. THUNE. Mr. President, I ask unanimous consent that reading of the
amendment be dispensed with.
The PRESIDING OFFICER (Mr. Udall of Colorado). Without objection, it
is so ordered.
The amendment is as follows:
(Purpose: To express the sense of the Senate regarding the Federal
income tax deduction for charitable giving)
At the appropriate place, insert the following:
SEC. --. SENSE OF THE SENATE.
(a) Findings.--The Senate finds the following:
(1) President John F. Kennedy said, ``The raising of
extraordinarily large sums of money, given voluntarily and
freely by millions of our fellow Americans, is a unique
American tradition . . . Philanthropy, charity, giving
voluntarily and freely . . . call it what you like, but it is
truly a jewel of an American tradition''.
(2) Americans gave more than $300,000,000,000 to charitable
causes in 2007, an amount equal to roughly 2 percent of the
gross domestic product.
(3) The vast majority of those donations, roughly 75
percent or $229,000,000,000, came from individuals.
(4) Studies have shown that Americans give far more to
charity than the people of any other industrialized nation--
more than twice as much, measured as a share of gross
domestic product, than the citizens of Great Britain, and 10
times more than the citizens of France.
(5) 7 out of 10 American households donate to charities to
support a wide range of religious, educational, cultural,
health care, and environmental goals.
(6) These charities provide innumerable valuable public
services to society's most vulnerable citizens during
difficult economic times.
(7) Congress has provided incentives through the Internal
Revenue Code of 1986 to encourage charitable giving by
allowing individuals to deduct income given to tax-exempt
charities.
(8) 41,000,000 American households, constituting 86 percent
of taxpayers who itemize deductions, took advantage of this
deduction to give to the charities of their choice.
(b) Sense of the Senate.--It is the sense of the Senate
that Congress should preserve the full income tax deduction
for charitable contributions through the Internal Revenue
Code of 1986 and look for additional ways to encourage
charitable giving rather than to discourage it.
Mr. THUNE. Mr. President, President John F. Kennedy said:
The raising of extraordinarily large sums of money, given
voluntarily and freely by millions of our fellow Americans,
is a unique American tradition. . . . Philanthropy, charity,
giving voluntarily and freely . . . call it what you like,
but it is truly a jewel of an American tradition.
In 2007, Americans gave more than $300 billion to charitable causes,
an amount equal to roughly 2 percent of the gross domestic product. The
vast majority of those donations, roughly 75 percent, or about $229
billion, came from individuals who willingly gave their hard-earned
dollars for causes greater than their own.
Studies have shown that Americans give far more to charity than the
people of any other industrialized nation. In fact, relative to the
size of our economy, Americans gave more than twice as much as the
citizens of Great Britain and 10 times more than the citizens of
France.
We should be proud of this tradition. Congress should continue to
support the 70 percent of all American households that donate to
charities to support a wide range of religious, educational, cultural,
health care, and environmental goals. These charities provide
invaluable public service to society's most vulnerable citizens during
difficult economic times. In many cases, these services go above and
beyond what any conceivable Government program could provide.
For years, Congress has provided incentives through the Internal
Revenue
[[Page 8528]]
Code to encourage charitable giving by allowing individuals to deduct
income given to tax-exempt charities. Over time, 41 million American
households have taken advantage of this deduction to give to the
charities of their choice.
Unfortunately for these generous families and individuals, President
Obama and his administration have proposed, as part of their budget
outline, reducing the allowable deduction for charitable giving.
According to one study, President Obama's proposal would reduce
charitable donations by as much as $8 to $16 billion per year.
Particularly in a time when many charities are already struggling on
account of the economic downturn, these entities do not need a change
in the Tax Code that would further discourage charitable giving. These
organizations that educate our children, care for the sick and the
poor, and facilitate religious opportunities should not have to pay the
price for additional spending on new Federal programs, as is proposed
in the administration's budget.
Over the past several days, this proposal has been criticized by
Republicans and Democrats, large companies and small companies,
universities and churches, constituents and charities of all shapes and
sizes. Therefore, I have offered an amendment to H.R. 1388, the
national service bill, which is before the Senate right now, which
would express the ``sense of the Senate that Congress should preserve
the full income tax deduction for charitable contributions through the
Internal Revenue Code of 1986 and look for additional ways to encourage
charitable giving rather than to discourage it.''
Americans have a proud tradition of voluntarily giving to those who
are in need. Even in these tough economic times, when there is great
temptation to save any earned income for better days, families and
individuals continue to support our charities. I believe Congress
should continue to support those who voluntarily make that sacrifice,
and I hope my colleagues will, when this amendment comes up for a vote,
support it.
I also point out that a Washington-based coalition of 600 different
nonprofit groups opposes this measure and has characterized it as a
further disincentive to giving in challenging economic times. It is
hard enough, with the economy being in the condition it is these days,
people and charitable organizations trying to rely heavily on
volunteers and voluntary giving to make ends meet, but it makes it even
more complicated when we put policies in place that discourage that.
I wouldn't suggest for a minute that anybody who makes a contribution
to a charitable organization does that because of the tax treatment
only, but I do believe there is an interaction between our tax policy
and charitable giving, and that it definitely affects the amount of
those gifts. So rather than dialing back the tax treatment we provide
to those who make charitable contributions, in my view, we ought to be
encouraging more of that. Certainly the administration's proposal,
which would take away the favorable tax treatment for those above
certain income categories, is going to cost those organizations who
rely heavily upon charitable giving an enormous amount of additional
dollars they would receive.
I hope my colleagues would find their way to support my amendment and
express the sense of the Senate that we ought not be going down that
path, that we ought to retain the current tax treatment that we have
for charitable giving, particularly in a time when the economy is
struggling and many people, many organizations that rely on that type
of giving, are struggling to make ends meet.
I ask that my colleagues, as they consider this particular issue, in
light of the underlying bill that does make available new monies for
government programs, also give consideration to all of those charitable
organizations out there and all of those individuals across this
country who, out of the goodness of their hearts, have contributed
mightily to make the good causes that are served by these charities
move forward.
Mr. President, I yield the floor.
The PRESIDING OFFICER. The Senator from Maryland.
Ms. MIKULSKI. Mr. President, if I could comment on the Thune
amendment, it is a sense of the Senate that Congress and Federal law
should continue the current tax deduction rate of 35 percent, and we
understand the thrust of the argument behind the Senator's sense of the
Senate. I wish to comment both on process and on content. This is a
Finance Committee and a Budget Committee matter; this is not a national
service matter, though I can see why the Senator would say that,
because the uniqueness of America is that we have always had these
great public-private partnerships. In fact, so many of the AmeriCorps
volunteers will work exactly in the nonprofits that benefit from the
charitable giving. Boys and Girls Clubs would be an example of that
type of work.
Now, the budget will be on the floor of the Senate next week. Why is
that not the right place for the Senator to offer his amendment, not
only as to the sense of the Senate, but to actually make a change? The
President has recently proposed to limit the tax benefits of itemized
deductions for those in the top two income brackets--to limit it to 28
percent. So in the President's budget we will be considering, there is
the change in tax deduction rates from 35 percent to 28 percent. Next
week is the right time for not only a sense of the Senate but actually
direct action. I actually hope that the Senator from South Dakota would
consider withdrawing his amendment and dealing with it on the budget
when the budget is before us next week.
We believe that the President's proposal would retain a generous
benefit. There still would be a tax deduction equal to 28 cents on the
dollar for every dollar contributed to charity. Less than 10 percent of
the taxpayers who do claim a charitable deduction are in that 35-
percent category the Senator from South Dakota has outlined. We believe
these taxpayers, fortunate enough to be doing well, and who also wish
to do good, will continue to give, even if it is at a 28-percent rate.
I could debate the substance, but I would prefer that the substantive
debate come from the Budget Committee members and the Finance Committee
members who have poored over this. No one on either side of the aisle
wants to limit charitable giving or penalize people for giving. We
understand that this is exactly what we need during these tough times.
I believe this amendment should be debated and voted on in the budget
bill, but if it is going to be here, again, I will have to oppose it,
not necessarily on substantive grounds, though. I will support the
President's budget.
We are proud of the tradition we have with giving. We should
encourage people to keep on giving. One of the ways we do that is
through an itemized deduction for charitable giving. I think both sides
of the aisle agree on that. We very much support the idea of an
itemized deduction for charitable giving. Both sides of the aisle agree
on that. Certainly I do. But what the Senator's amendment misses is
that all Americans give, all Americans who itemize deductions as well
as Americans who don't. In fact, CRS says that only 30 percent of
taxpayers claim a deduction for charitable giving. Yet we know that
many more than 30 percent of taxpayers give to charity. In fact, the
independent sector the Senator has quoted has a study that indicates 89
percent of households in America give in some charitable way. Isn't
that wonderful. I mean isn't that fantastic. So many taxpayers make
charitable contributions, even though they are not getting a tax
benefit at all.
So to place the national service bill in one more quagmires with the
House--because when we send this over, it means that national service
will not only be conferenced by our counterpart in the Education and
Labor Committee, but it is going to have to go to the Finance
Committee--excuse me, their Ways and Means Committee. Once again,
because of a sense of the Senate, we are going to be put in a quagmire,
when the Senator wants to deal with the policy of 35 percent versus 28
percent, and he would have that opportunity on the budget debate.
[[Page 8529]]
I disagree with this amendment not only because it is bad policy, but
it is absolutely the wrong place to bring this up. I am going to oppose
this sense of the Senate and I encourage the Senator from South Dakota,
who has many excellent points to be made, that he bring it up on the
budget bill.
So I oppose the amendment based on process as well as on substantive
grounds.
Mr. President, before I yield the floor, I note that the Senator from
Oregon is standing. May I inquire what the purpose of his statement
will be--because the Senator from Louisiana has been waiting to offer
an amendment. Did the Senator wish to speak on the Thune amendment?
Mr. MERKLEY. No. I am going to return to morning business, so I will
defer.
The PRESIDING OFFICER. The Senator from Louisiana.
Amendment No. 717 to Amendment No. 687
Ms. LANDRIEU. Mr. President, I so appreciate the Senator from
Maryland for managing this important bill and the Senator from Utah,
both of whom have done an excellent job, along with Senator Kennedy's
guidance and support during the times he could be with us to move this
bill, because it has been a great work of many Members of this body,
both Democrats and Republicans. Of course, Senator Enzi has also been a
great leader in this effort. It is such a timely and important subject
as Americans are searching amidst all of the difficulties faced in the
economic climate and uncertainty on the international front.
Americans are realizing the importance of loved ones and family. They
are realizing the importance of the community that is around them. For
better or worse, even though we are a great travel destination--and I
do want to encourage people to continue traveling as they can,
particularly to places such as New Orleans and Louisiana that see a
number of visitors--I think Americans are turning a little bit more
inward and want to spend more time with their families and right at
home in their communities.
So this bill is timely because it basically calls America to come
together, and it recognizes that some of our greatest assets are not
just our money--which is fleeting, as we can tell these days. I
remember my father used to tell me when I was growing up, he said: The
easiest thing for me to give you, sweetheart, is a $20 bill, even
though we didn't have a lot of them floating around the house, but the
hardest thing for me to give you is my time. That is what this bill
calls for. This bill calls for us to give our time and our talents. God
has given us all an equal amount; we all get 24 hours in a day. A life
is made by how people spend that time, either serving themselves,
worshiping idol gods, or spending their time on the things that matter.
I think this bill has such significance for us as a Nation now as we
think about how to revitalize our service programs, update them,
modernize them, particularly in light of the fact that we have so many
healthy seniors, men and women who have achieved unimaginable success,
different than many generations in the past. They find themselves at a
great point in their life, in their late sixties or early seventies,
very healthy, or even mid fifties. They are retiring and want to serve.
So I think this is an excellent bill.
Mr. President, I come to the floor only to again congratulate the
leaders and offer an amendment that gives a slight twist to a piece of
this that I think is very important. I know a lot of great work has
gone on. The amendment I wish to call up is amendment No. 717.
The PRESIDING OFFICER. Is there objection to setting aside the
pending amendment?
Without objection, it is so ordered.
The clerk will report the amendment.
The bill clerk read as follows:
The Senator from Louisiana [Ms. Landrieu] proposes an
amendment No. 717 to amendment No. 687.
Ms. LANDRIEU. Mr. President, I ask unanimous consent that the reading
of the amendment be dispensed with.
The PRESIDING OFFICER. Without objection, it is so ordered.
The amendment is as follows:
(Purpose: To add a foster care program to the national service corps
programs)
On page 92, strike line 1 and insert the following:
``(H) A program that seeks to expand the number of mentors
for youth in foster care through--
``(i) the provision of direct academic mentoring services
for youth in foster care;
``(ii) the provision of supportive services to mentoring
service organizations that directly provide mentoring to
youth in foster care, including providing training of mentors
in child development, domestic violence, foster care,
confidentiality requirements, and other matters related to
working with youth in foster care; or
``(iii) supporting foster care mentoring partnerships,
including statewide and local mentoring partnerships that
strengthen direct service mentoring programs.
``(I) Such other national service programs
Ms. LANDRIEU. Mr. President, I wish to take a minute to explain the
amendment. I understand both Senators managing have looked at this and
both their staffs have looked at it as well. It is a slight change to
the mentoring portion of this bill dealing with children at risk.
If you think of America having 300 million people, about a third of
those would be children. So we have about 100 million children in
America, I guess between the ages of zero and 18 or 21. That is a lot
of kids to care for. We as a nation are trying to do our best as
individual parents and families and communities. However, there is a
special group of children--and I am going to take a minute more--there
is a special group of children who are actually our children. All of
these 100 million are ours theoretically. But definitely--and not in
theory, but in actuality there are 500,000 children--as the Senator
from Maryland knows very well because her career started as the only
social worker, I think, in this body--500,000 children who are in
foster care actually are children of the government, of the State, of
our national and State governments. We are primarily responsible as a
government for their care, their welfare, and their education.
So my amendment is quite simple. It adds a provision for a mentoring
program for this special group of children, foster children who
sometimes spend a few years there--sometimes a long time,
unfortunately. Despite our great efforts to make foster care temporary,
we know there are barriers for reunification or adoption. We are trying
to work through those barriers. But we have some extraordinary, I say
to my colleagues Senator Hatch and Senator Mikulski, some extraordinary
pilots underway in this country.
In States such as California, where Governors Gray Davis and Arnold
Schwarzenegger joined to support this program, there are promising
results coming back about foster children in elementary and high
schools who have mentors of their same age. We have always had
grandparent mentoring, and that is very effective, where seniors are
mentoring children. But, as you know, if you have teenagers, as I do,
sometimes teenagers don't like to listen to adults. But teenagers will
listen to their peers.
This is a great opportunity to have mentors from colleges and high
schools coming to mentor our children who are in foster care. I will
submit for the Record--because my colleague is going to speak--some
exciting results.
I ask unanimous consent that a list of these results be printed in
the Record.
There being no objection, the material was ordered to be printed in
the Record, as follows:
98 percent of the foster children in this program have
stayed in school.
There has been a 50 percent drop in teen pregnancy among
the foster youth.
There has been a 1.7 year increase in academic progress per
year.
50 percent increase in turning in assignments and homework.
100 percent in taking state standardized tests.
The program is now testing the students every 8 weeks to
measure achievement.
In about 80 percent of the cases, there has been evidence
of increase in grades within the first 8 months.
Ms. LANDRIEU. Mr. President, that is basically the substance of my
amendment. It doesn't add a special corps, but it is an amendment that
says when we care for children in need,
[[Page 8530]]
let's look especially at foster care children and promote those kinds
of mentorship programs that we know work and that can make a
difference.
Of all the children in America, I say to the Senator from Maryland,
these children really need our focus, our attention, our love and our
support. I understand this amendment can be taken up at any time that
is appropriate for the managers.
The PRESIDING OFFICER. The Senator from Maryland is recognized.
Ms. MIKULSKI. Mr. President, this is not only a good amendment, it is
a fantastic amendment. I really compliment the Senator from Louisiana
not only for the amendment but for her steadfast commitment to children
in foster care, and also children in need of adoption--not only the
cute, cuddly infants but the older children and the children who are
handicapped. The Senator has also been a leader in the international
field, working on a bipartisan basis.
This amendment is fantastic because it will help more foster children
get the social and academic mentoring they need. It doesn't create a
new corps. We are going to put it under AmeriCorps and leave it to the
flexibility of government at the local level to do this in a way that
coordinates with their departments of human services.
It is true there are 500,000 children in foster care in this country.
When I started out my career as a social worker, after I graduated from
college, I worked for Associated Catholic Charities. I was a foster
care worker, so I know this up close and personal. I was also a home
worker, so I know it personally.
When I was in my twenties, I often worked with children being cared
for by nuns in group homes. The nuns themselves were in their forties,
fifties, or older. They were sweet, caring, and compassionate. We could
not do it without them. But those young preteens and adolescents needed
different kinds of help.
I organized women I graduated with at my Catholic college, and we did
hair-dos and curlers and lipstick with them and the kinds of things
young girls needed to do. I was once in that age group myself. But
those preteen girls were transitioning to womanhood. My classmates and
I helped them, and it increased their interest in school, their
interest in working with the sisters. When those girls were ready to
leave the group home, either to go out into the world or to return to
their parents, they were in a better place because of the nuns and
their loving care and the work of Catholic Charities, and because of
what the volunteers did.
I think what the Senator is offering is going to make a difference. I
look forward, when we have the vote, to supporting it.
Our colleague from Oregon has been waiting to offer a very compelling
speech, which I eagerly await to hear. I yield the floor.
The PRESIDING OFFICER. The Senator from Oregon is recognized.
Mr. MERKLEY. Mr. President, I ask unanimous consent to speak as in
morning business.
The PRESIDING OFFICER. Without objection, it is so ordered.
Defense of the American Home
Mr. MERKLEY. Mr. President, I rise today to call on my colleagues,
and indeed upon all Americans, to rally to the defense of the American
home.
Sometime soon, within the next few weeks, this esteemed Chamber will
be taking up this issue. So this seems to be an appropriate time to
reflect on how to improve our policies for promoting homeownership.
There is nothing that characterizes the American dream better than
owning your own home. The homeowner is the king--or queen--of his or
her castle. You decorate and remodel it to suit your own taste and
style. You are your own landlord; no one can tell you what you can or
can't do. You fence the yard so you can finally have a dog. You put in
a skylight because you want more light. You plant tiger lilies and
hyacinth in the yard because they are the most beautiful flowers in the
world. You create a stable and nurturing environment for raising your
children.
In your own home you control your own destiny.
Moreover, it is through home ownership that you secure your financial
destiny. By and large, everything you buy in life loses value quickly--
your car, your furniture, your clothing. But not so with your home. The
family home is, for most families, the biggest nest egg they will build
in their lifetime.
At a minimum, owning a home--with a fair mortgage--locks in and caps
your monthly housing expenses. That is a great deal compared to
renting, where rents go up and up over the years.
In addition, your monthly payments steadily pay off your mortgage,
you own an increasing share of your home, and the bank owns less.
You can look down the road and see the possibility of owning your
home free and clear before you retire, making it possible to get by
decently in your golden years. To make the deal even better, your home
appreciates in value. The home you bought for $80,000 in 1980 might be
worth $250,000 in 2010. In many cases, it might be that appreciation,
that growing home equity, that enables you to travel a bit during
retirement, or that enables your son or daughter to afford to go to
college.
So homeownership really is a magical part of the American dream--
opening the door to our aspirations and building our financial
fortunes. Thus, you would expect that our leaders would do all they
could to protect and advance homeownership.
Unfortunately, however, I am here today to say that we really haven't
done such a good job. In fact, all too often this past decade, we have
allowed the great American dream of homeownership, to turn into the
great American nightmare. We can and must do better.
What has gone wrong? In short, almost everything.
Most fundamentally, we have abused one of the most amazing
inventions, one of the most powerful wealth building tools, we have
ever seen: The fully amortizing mortgage.
Let's turn the clock back 77 years to the Great Depression. Before
1932, house loans were normally 50 percent loan to value with 3- to 5-
year balloon payments. This worked fine as long as a family could get a
new loan at the end of 3 to 5 years to replace the old loan. With the
crash of our banking system in 1929, however, replacement loans were no
longer available. Thus, as balloon payments came due, millions of
families lost their homes.
The solution was the fully amortized mortgage, which eliminated the
challenge of replacing one's mortgage every 3 to 5 years, thereby
insulating families from frozen lending markets. Indeed, the Roosevelt
administration's decision to help millions of families replace their
balloon loans with fully amortized loans was a major factor in ending
the Great Depression and putting our national economy back on track.
This system of amortized mortgages worked very well for over half a
century. But in recent years, we have allowed two developments that
have deeply damaged the stabilizing power of the amortizing mortgage
and helped produce our current economic crisis. Those two factors are
tricky mortgages and steering payments.
One tricky mortgage, for example, was the teaser loan--sometimes
called the ``2-28'' loan. In this loan, a low introductory rate
exploded to a much higher rate after 2 years. In many cases, the broker
knew that the family could never afford the higher rate, but the broker
would persuade the family that the mortgage presented little risk since
the family could easily refinance out of the loan at a later date. This
argument was misleading, of course, since the family was locked into
the loan by a sizable prepayment penalty.
Another tricky mortgage was the triple-option loan, in which a family
could make a month-to-month choice between a low payment, a medium
payment, or a high payment. What many families didn't understand,
however, was that the low payment could only be used for a limited
period before the family was required to make the high payment, which
the family couldn't afford.
These tricky loans, however, would probably not have done much
damage, because their use would have been rare--except for a second
major mistake; namely, we allowed brokers to
[[Page 8531]]
earn huge bonus payments--unbeknownst to the homeowner--to steer
unsuspecting homeowners into these tricky and expensive mortgages.
These secret steering payments turned home mortgages into a scam. A
family would go to a mortgage broker for advice in getting the best
loan. The family would trust the broker to give good advice because,
quite frankly, they were paying the broker for that advice. The payment
to the broker was right there, fully listed and disclosed by law, on
the estimated settlement sheet.
But what the borrower didn't realize was that the broker would earn
thousands of bonus dollars from the lender--so called ``yield-spread
premiums''--if the broker could convince the homeowner to take out a
tricky expensive mortgage rather than a plain vanilla 30-year mortgage.
This scam has had a tremendous impact. A study for the Wall Street
Journal found that 61 percent of the subprime loans originated in 2006
went to families who qualified for prime loans. This is simply wrong--a
publicly regulated process designed to create a relationship of trust
between families and brokers, but that allows payments borrowers are
not aware of that stick families with expensive and destructive
mortgages.
It is difficult to overstate the damage that has been done by these
tricky loans and secret steering payments.
An estimated 20,000 Oregon families will lose their homes to
foreclosure this year.
Nationwide, an estimated 2 million families will lose their homes
this year and up to 10 million over the next 4 years.
In every single case, the foreclosure is a catastrophe for the
family. Each foreclosure is a shattered dream. The family has lost its
financial nest egg. It has lost the nurturing environment the parents
created for the children. The family has lost its dream of building a
foundation for retirement. And don't doubt for a second the stress that
this catastrophe places on the parents' marriage, or on the children,
multiplying the damage.
The foreclosure is also a catastrophe for the neighborhood, because
an empty foreclosed home can lower the value of other homes on the
street by $5,000 to $10,000.
The foreclosure is, in addition, a catastrophe for our financial
system. A lender often loses half the value of the property by the time
it has been publicly auctioned. And as we now know all too well,
foreclosures undermine the value of mortgage securities and mortgage
derivatives, damaging the balance sheets of financial institutions in
America and throughout the world and throwing our banking system and
global economy into chaos.
That frozen lending and economic chaos, of course, further hurts our
families. Oregon's unemployment rate has gone from 6 percent to 11
percent in just 5 months, nearly doubling the number of Oregon families
out of work, and unemployment, in turn, drives additional foreclosures.
How did we let this happen? This fiasco is, first and foremost, the
consequence of colossal regulatory failure. Let me count the ways.
First, in 1994, Congress required the Federal Reserve Board to
prohibit mortgage lending practices that are abusive, unfair or
deceptive. That was a very good law. But for 14 years, the Fed sat on
its hands, failing to regulate abusive and deceptive practices such as
teaser loans, prepayment penalties, and steering payments.
Second, in 2002, after the State of Georgia adopted comprehensive
mortgage reform legislation, the Comptroller of the Currency, John
Hawke, overturned the Georgia reforms and banned all States from making
such reforms affecting federally chartered institutions. This action
made it difficult for States to pass reforms covering State-chartered
lenders as well, since such action generated the powerful argument that
it would create an unfair disadvantage for State-chartered banks. I can
testify to this firsthand because that is exactly what happened when
last year, as Speaker of the Oregon House, I worked to pass such
mortgage reforms in Oregon. As a former attorney of North Carolina
summarized it, the Office of the Comptroller of the Currency ``took 50
sheriffs off the job during the time the mortgage lending industry was
becoming the Wild West.''
The third failure was in 2004. The Securities and Exchange Commission
exempted the five largest investment banks from its leverage
requirements. This dramatically amplified the funds available to the
banks to purchase mortgage-backed securities, funding a tsunami of
subprime loans. Let's take a look at a chart.
We see that impact in 2004, when subprime loans, which had been at a
relatively stable level, grew dramatically and suddenly. To make it
worse, the Securities and Exchange Commission failed to regulate credit
default swaps, which became a $50 trillion industry, that contributed
to the appeal of mortgage-backed securities by insuring those
securities against failure.
The fourth failure was in the Office of Thrift Supervision. That
office was asleep at the switch. The office failed to halt risky
lending practices that doomed numerous thrifts. An inspector general's
report after the failure of NetBank in September of 2007 concluded that
the Office of Thrift Supervision ignored warning signs about the bank's
risky lending. OTS continued to snooze, however, while numerous thrifts
failed, including IndyMac, Washington Mutual, and Countrywide.
The fifth failure. While Fannie Mae and Freddie Mac set standards
limiting their purchase of subprime mortgages, they nevertheless poured
fuel on the subprime fire by investing in subprime securities, thereby
driving the financing of the subprime market.
Taken together, these five circumstances composed a colossal failure
of regulation. Even Alan Greenspan, former Chair of the Fed who
prominently advocated that banking practices should not be regulated
because Wall Street, in its own long-term interest, would regulate
itself, now renounces that philosophy.
I say to my friends and colleagues, what a mess. Congress got it
right in 1994, when it asked the Fed to prohibit mortgage lending
practices that were abusive, unfair, and deceptive. But Congress shares
the responsibility for not following up aggressively when the Fed
failed to act on this requirement.
The result is that home ownership has suffered and our national
economy is in deep trouble. So now is the time for us to honestly
assess the damage and to repair the damage as best we can. It is time
to end the deception and abuse in Main Street mortgages and in Wall
Street mortgage securitization.
The American dream of home ownership, with all that it means for the
quality of life of our families, depends on our effective action.
To repair the damage, we need to support aggressive efforts to enable
families trapped in subprime mortgages to negotiate modifications to
those mortgages. President Obama and his team have taken many steps in
the right direction on this issue, but we need to monitor the progress
and help pave the way for success.
If mortgage modifications fail due to the extraordinary difficulty of
connecting borrowers to lenders in a market where the loan has been
sliced and diced into 100 pieces, we need to support the ability of
bankruptcy judges to operate as an arbitrator to adjust the terms of
the loan. We grant this power to judges for loans for yachts, loans for
vacation homes for our more privileged citizens. Certainly, ordinary
citizens should have the same recourse for a far more important
possession--the family home.
Consider the experience of Lisa Williams, who spoke at a mortgage
foreclosure summit I hosted in Oregon last month. Lisa spoke about the
lengths to which she went to get in touch with someone to help her
renegotiate her loan. She would call and call her bank and never get
through or she would be put on hold for more than an hour at a time or,
on the rare occasion that she did get through, she could not reach
anyone in a position of authority to talk with her. Five months ago,
despite her innumerable and consistent efforts, she lost her home. An
aggressive loan modification program or a last resort--
[[Page 8532]]
and I stress ``last resort''--bankruptcy arbitration would have saved
Lisa's home and, looking forward, would save the homes of millions of
other American families.
We also need to restore the same guidelines to Wall Street--cap
excessive leverage, regulate credit default swaps, prevent the creation
of firms too big to fail, end regulator shopping, and evaluate and
control systemic risks.
Finally, we need to end deceptive and abusive mortgage practices. The
regulations adopted by the Federal Reserve last year are a decent
start. It is time for us to make sure teaser loans, triple option
loans, and secret steering payments never again haunt American
families.
I say to my friends and colleagues, I end this appeal as I started
it. Let us rally to the defense of the American home. We will have that
chance when we consider legislation in the near future addressing
mortgage practices. As we prepare to do our thoughtful best to craft
mortgage and housing policy that will strengthen our American families,
we might do well to consider the advice of President Franklin
Roosevelt, since it was, indeed, Roosevelt who steered us out of the
Nation's last enormous housing crisis.
Roosevelt, speaking in his April 2, 1932, radio address entitled
``The Forgotten Man,'' declared:
Here should be the objective of Government itself, to
provide at least as much assistance to the little fellow as
it is now giving to large banks and corporations.
Mr. President, I suggest the absence of a quorum.
The PRESIDING OFFICER. The clerk will call the roll.
The legislative clerk proceeded to call the roll.
Ms. MIKULSKI. Mr. President, I ask unanimous consent that the order
for the quorum call be rescinded.
The PRESIDING OFFICER. Without objection, it is so ordered.
Ms. MIKULSKI. Mr. President, I compliment the Senator from Oregon. I
understand it is his very first speech he has given on the Senate
floor; is that correct?
Mr. MERKLEY. That is correct.
Ms. MIKULSKI. Well, how wonderful, I say to the Senator from Oregon,
his very first speech was important because it was about home ownership
and how we have to make sure the American dream continues to be within
reach for most Americans, that they are able to afford a home and have
the jobs that pay those wages, and that when they go to buy a home, the
rates are reasonable, that they are not a victim of a scam or scum.
I would like to say, if that is his first speech, I am looking
forward to hearing many more and working with him on access to the
American dream--home ownership, the opportunity to pursue a higher
education, and to either own a business or have a job that pays a
living wage. Senator Merkley is a welcome addition to the Senate.
Speaking, I know, on behalf of those who have been here a while, that
was a great speech, and we look forward to many more.
The PRESIDING OFFICER. The Senator from Oregon.
Mr. MERKLEY. Mr. President, I simply thank the Senator from Maryland
and look forward to working with her.
I suggest the absence of a quorum.
The PRESIDING OFFICER. The clerk will call the roll.
The legislative clerk proceeded to call the roll.
Mr. BROWNBACK. Mr. President, I ask unanimous consent that the order
for the quorum call be rescinded.
The PRESIDING OFFICER. Without objection, it is so ordered.
Mr. BROWNBACK. Mr. President, I ask unanimous consent to speak as in
morning business for up to 15 minutes.
The PRESIDING OFFICER. Without objection, it is so ordered.
The Senator from Kansas.
Nomination of Christopher Hill
Mr. BROWNBACK. Mr. President, I thank my colleagues for the
opportunity to speak now on a critical issue that is facing us. There
are a number of nominations coming before this body. We need to move
forward on a lot of these nominations and move forward aggressively.
There is one I wish to talk about with my colleagues, one about which I
am deeply concerned. We held a hearing today on the nominee for the
ambassadorship to Iraq.
Christopher Hill has been nominated to serve as Ambassador to Iraq.
This is our most important diplomatic post in that region, arguably the
most important diplomatic post to the United States in the world today.
While it is important we have an Ambassador in place as soon as
possible, what is most important is that we get the right person in
place.
The next Ambassador to Iraq faces a daunting array of issues, such as
preserving Iraq's fragile security, the drawdown of our troops, Arab-
Kurdish tensions, oil distribution, and Iranian aggression, to mention
a few.
Quite simply, the stakes could not be higher for the administration
to find the right person to conduct our diplomacy in Baghdad and that
region.
In providing our advice and consent to the President, our duty is to
ensure that his nominee for this most sensitive and complicated post
will not only carry out faithfully the policies of the administration
but also will implement the laws of this country.
Moreover, the nominee should have a strong track record of diplomacy,
forthrightness, professionalism, and achievement to bolster his or her
credibility with the American people, with the Iraqi people, and the
numerous regional actors. And in this respect, Mr. President, I
regretfully say that I do not believe Ambassadors Hill's career in the
Foreign Service reflects the needs we have for this position in Iraq or
this country. I think his record and his actions fall short of the
qualifications we need. I want to articulate why I believe that, and
therefore I will be objecting to his nomination as we move forward.
Let me begin by saying that I do not deny that Chris Hill is an
experienced negotiator. He negotiated Bosnia in the 1990s and then
negotiated North Korea for some period of time. But negotiation is only
one component of diplomacy. In addition to being able to converse with
foreign actors, we also expect our diplomats to respect the chain of
command, to work closely with colleagues in the State Department, the
Department of Defense, and all other relevant agencies, and we expect
our Ambassadors to respect the laws of the United States expressed by
statute and through proper oversight. But in his role as Assistant
Secretary of East Asia and Pacific Affairs, as well as head of the U.S.
delegation to the six-party talks, too often Ambassador Hill found that
key officials and the law got in the way of his agenda. He found that
sidelining those officials and ignoring congressional will was
expedient, if not acceptable. I regret to have to say that. Such
behavior establishes a precedent that can only hamper his efforts to
coordinate the immensely complicated U.S. Government effort in Iraq,
and that brings me to the focus of my concerns and the specific
dealings I had--and extensive they were--on human rights in North
Korea, where these troubling aspects of Chris Hill's diplomatic conduct
all come together.
I have a picture next to me here that is a very lamentable one from
North Korea. It is a kindergarten in North Korea, and you can see the
starving children who are there. This was during the late 1990s when
there was starvation taking place in North Korea, and the North Korean
Government was not asking for assistance or support and the people were
dying of starvation. The human rights situation is deplorable in North
Korea. I believe it is the worst in the world, and that is saying
something given some of the other actors that exist.
Let me start by reminding my colleagues of all of this--the situation
in North Korea. North Korea is ruled by a totalitarian regime rigidly
controlled by a single dictator, Kim Jong Il. Human rights in North
Korea do not exist. The state regulates all aspects of individual life,
from food ration, to speech, to employment, to travel, and even to
thought. Under Kim Jong Il's watch, millions of North Korean citizens
have perished from starvation, while thousands of others have died
during imprisonment in the regime's extensive political system and
gulags.
[[Page 8533]]
I will show a picture here of the location of one of the prison
camps--or a number of prison camps in Russia. I have given a speech,
and I have pointed this out. Google Earth has made witnesses of us all.
Now you can see these on Google Earth.
North Korean defectors have testified about the conditions in these
camps. Prisoners face torture, hard labor, starvation, forced abortion,
infanticide, public executions, chemical and medical experimentation on
prisoners, and gas chambers. They experience detention without judicial
process, and family members of dissenters, including children and the
elderly, are also shipped to the gulag as part of the policy of guilt
by association. It is thought that over 400,000 people have died in the
gulags over the years, and currently there are 200,000 North Korean
prisoners in the gulag system.
I want to read to you an account from the Washington Post about the
only known living escapee from a North Korean gulag, and Mr. President,
I ask unanimous consent to have the full article printed in the Record.
There being no objection, the material was ordered to be printed in
the Record, as follows:
[From the Washington Post, Dec. 15, 2008]
Three Kernels of Corn--The State Department Has More Pressing Concerns
Than a Modern-Day Gulag.
We tend to think of concentration camps as belonging in
history books, but Shin Dong-hyuk reminds us of the uglier
truth. Mr. Shin, who is 26, was born in such a camp in North
Korea and lived there until he escaped in 2005. He is, in
fact, the only person known to have made a successful escape
from one of that nation's prison camps, which hold an
estimated 150,000 to 200,000 people.
Mr. Shin's story, which Post reporter Blaine Harden
movingly recounted in an article last week, was horrifying on
a couple of counts. The casual, routine brutality of the
camps is, as the article noted, almost unfathomable. Part of
Mr. Shin's finger was cut off as punishment for accidentally
dropping a sewing machine in the factory of the camp where he
was held. He bears scars from the torture of being,
essentially, roasted over a charcoal fire. When he was 14, he
watched as his mother was hanged and his brother shot to
death, ostensibly for trying to escape. In a memoir, he
writes of the ``lucky day'' when he found, in a pile of cow
dung, three kernels of corn that he was able to wash off and
eat.
It's horrifying, on another level, that only 500 people in
South Korea, where Mr. Shin lives, have bought his book. Many
Koreans don't want to hear about human rights abuses in the
north; they're worried that the Communist regime might
collapse and leave the more prosperous south with a costly
burden of rehabilitation. And South Korea isn't alone in
tuning out the horrors. The United States is more concerned
with containing North Korea's nuclear ambitions. The State
Department's stunning lack of urgency was captured in a
recent statement from its assistant secretary for Asia,
Christopher R. Hill: ``Each country, including our own, needs
to improve its human rights record.'' Japan is focused on
Japanese citizens abducted forcibly to North Korea. China
doesn't want instability across its border.
Mr. Hill's larger point is that the United States should be
practical in relations with the north and not simply denounce
abuses so that America can feel good about itself. We support
his efforts to negotiate with the regime. It's worth noting,
though, that last week the north yet again backtracked on a
nuclear-related agreement it had made and Mr. Hill had
vouched for. It will continue to honor such agreements, or
not, based on a reading of its own interests, not on whether
its negotiating partners do or don't speak honestly. We think
there's an inverse relationship between a regime's
trustworthiness on any subject and its propensity to abuse
its own people. We also believe that it should not be left to
the lone escapee from North Korea's gulag to speak out about
its horror.
High school students in America debate why President
Franklin D. Roosevelt didn't bomb the rail lines to Hitler's
camps. Their children may ask, a generation from now, why the
West stared at far clearer satellite images of Kim Jong Il's
camps, and did nothing.
Mr. BROWNBACK. Mr. President, here is the quote I want to read from
the article about Shin Dong-Hyuk:
. . . his finger was cut off as punishment for accidentally
dropping a sewing machine in the factory of the camp where he
was held. He bears scars from the torture of being,
essentially, roasted over a charcoal fire. When he was 14, he
watched as his mother was hanged and his brother shot to
death, ostensibly for trying to escape. In a memoir, he
writes of the `lucky day' when he found, in a pile of cow
dung, three kernels of corn that he was able to wash off and
eat.
This was from the full piece from the Washington Post that I have had
printed in the Record.
Here is an aerial picture of what one of the camps looks like. This
is camp 18--and you can get these off Google Earth--and the execution
site within this camp. Imagine if during World War II and the Holocaust
we had these kinds of pictures and this sort of knowledge. Would we say
we want to really do something about this or would we not? I think all
of us would say: Well, absolutely. We would want to be very vocal about
this. We would want to be addressing this issue if we knew it took
place. Well, this is happening today. It happened during Chris Hill's
watch in that position, it happened during the six-party talks, and he
didn't address it and he didn't work on it.
The desperate situation has caused tens of thousands of North Koreans
to risk their lives and their families' lives to flee across the border
into China, seeking food, shelter, and livelihood. But the Chinese
Government blocks international access and aid to these refugees,
leaving them helplessly exposed to severe exploitation, particularly in
the form of sex trafficking. The refugees also face repatriation if
caught by Chinese authorities, which for most of them means automatic
imprisonment, torture, or execution once returned to North Korean
officials.
As Holocaust-survivor and Nobel laureate Elie Wiesel said, the North
Korean regime ``. . . is responsible for one of the most egregious
human rights and humanitarian disasters in the world today.''
I want to quickly show two satellite photos showing the prison
barracks of two camps, one in North Korea and the other in Auschwitz.
Now, my point is not to say these situations are the same--they are
not--but, rather, that there are similarities, and people should know
this kind of evil still exists in the world today. I want people to
look at this prison situation. This is one of the camps--and again,
this is from Google Earth--one of the prison camps in North Korea. Then
I want to hold up here as well a picture of Auschwitz. I ask people to
look at the similarity of these situations and of these settings. I
know when I first saw this, I thought, this is really eerie, that these
look alike this much. Now, I am not saying these are the same
situations. What I am saying is we continue to have this evil in the
world. We continue to have thousands of people killed in a gulag system
in 2009. This continues to happen in the world.
Mr. President, as you may recall, the Congress sought to address this
horrifying situation back in 2004 with the North Korean Human Rights
Act. This was passed and signed into law in October of that year. The
Senate even passed that bill by unanimous consent--a proud day in the
history of this body as we strengthened the moral fibers of this
Nation. The purpose of that law, as defined in its introduction, was to
promote respect for and protection of fundamental human rights in North
Korea; to promote a more durable humanitarian solution to the plight of
North Korean refugees; to promote increased monitoring, access, and
transparency in the provision of humanitarian assistance inside North
Korea; and to promote the free flow of information into and out of
North Korea.
Let me also read aloud the very first section of title I of that act.
It says this:
It is the sense of Congress that the human rights of North
Koreans should remain a key element in future negotiations
between the United States, North Korea, and other concerned
parties in Northeast Asia.
So this is a statement to the six-party talks--to our negotiators--
that human rights should remain a key element in future negotiations.
This was in 2004. Mr. President, 4\1/2\ years have transpired since the
passage of this legislation. During that time, the issue of North
Korean human rights quite simply has been subordinated, ignored, cast
aside, and indeed swept under the carpet, in complete contradiction of
the law of this country and against our Nation's most basic moral
obligations and against the witnesses that we are that it is taking
place even as we see it.
[[Page 8534]]
In all the bluster and dealmaking over the past few years, our
negotiators have failed to exert any serious effort to address this
dire issue. In fact, the situation has only worsened, according to any
independent benchmark. And the individual responsible for this account
during this period of time is Ambassador Chris Hill, who, according to
the Washington Post Editorial Board, displayed a ``stunning lack of
urgency'' to deal with human rights and, according to the Washington
Times, ``deliberately minimized focus on the bleak human rights
record.'' This is the nominee to be the Ambassador to Iraq--the most
important account for us, I believe, in the world.
The cochair of the Congressional Human Rights Caucus, Frank Wolf,
agreed, stating in a recent letter to Hill that he is concerned with
Hill's ``marginalization and utter neglect of human rights.''
Just 1 year ago, Chris Hill himself said the following, asked about
the human rights situation in North Korea:
Each country, including our own, needs to improve its human
rights record.
In the face of the most horrific and ongoing human rights catastrophe
in the world and instructed by Federal statute to address it,
Ambassador Hill instead saw fit to associate the record of Kim Jong Il
with that of the United States of America.
Some have said that the policies implemented by Ambassador Hill were
merely the articulation of the Bush administration, but this is not the
case. I spoke several times directly with President Bush about North
Korean human rights. I know his passion for it and his real commitment
to addressing the issue. He proudly signed the North Korean Human
Rights Act and then again its reauthorization last year. He appointed a
good, qualified man in Jay Lefkowitz as the Special Envoy for North
Korean Human Rights. But somewhere between the Oval Office and the six-
party negotiation room, the message got lost. On this, we have strong
evidence that the broken link was Ambassador Hill.
First, at his nomination hearing this very morning, Ambassador Hill
admitted that on at least one occasion he exceeded his instructions by
meeting bilaterally with the North Korean Government. This went against
the clear public position of the President. He explained this by saying
he had to ``call an audible.'' This was in testimony this morning. But
to others, this looks like a freelancing diplomat. When it comes to
working in a country with neighbors such as Iran and Syria, the stakes
are too high to have diplomacy run anywhere other than by the Secretary
of State and the President.
We also know from a number of sources that Ambassador Hill used his
position to sideline key officials in the administration who were
charged with addressing the human rights situation in North Korea. One
of these individuals was Jay Lefkowitz, who struggled during his entire
tenure as Special Envoy for Human Rights in North Korea to gain tracks
and support for his efforts among the East Asian Bureau and the team
led by Hill.
Mr. President, I ask unanimous consent to have printed in the Record
a letter I sent, and was sent back in answer by Jay Lefkowitz today,
where we asked him if was he ever invited to the six-party talks--ever.
There being no objection, the material was ordered to be printed in
the Record, as follows:
U.S. Senate,
Washington, DC, March 25, 2009.
Mr. Jay P. Lefkowitz, P.C.,
Kirkland & Ellis LLP, Citigroup Center, New York, NY.
Dear Jay: Christopher Hill testified today before the
Senate Foreign Relations Committee. In response to a question
by Senator Lugar, he failed to specifically address whether
he invited you to participate in the Six Party Talks to
address North Korean human rights. As you recall, in his
testimony before the Senate Armed Service Committee on July
31, 2008, he promised to invite you to participate in all
future negotiation sessions, without qualifying the nature of
those sessions.
Based on my knowledge of the situation, I believe he
violated his commitment. Can you please respond to me as to
whether or not Christopher Hill or anyone acting on his
behalf invited you to the Six Party Talks subsequent to July
31, 2008?
I look forward to your swift reply, and appreciate your
cooperation in this matter.
Sincerely,
Sam Brownback,
U.S. Senator.
Dear Senator Brownback: At no point during my tenure as
Special Envoy for Human Rights in North Korea, either before
or after July 31, 2008, did Chris Hill or anyone acting on
his behalf invite me to participate in any Six Party Talks.
Jay.
Mr. BROWNBACK. Mr. President, this is what Mr. Lefkowitz says in his
response to my letter:
Dear Senator Brownback: At no point during my tenure as
Special Envoy for Human Rights in North Korea, either before
or after July 31, 2008, did Chris Hill or anyone acting on
his behalf invite me to participate in any Six Party Talks.
This is the Special Envoy for Human Rights to North Korea.
Another key official cut out of the loop by Hill was former
Ambassador to Japan, Tom Schieffer. The Washington Post reported in
2007 that Ambassador Schieffer received assurances from the
administration that he could tell the Japanese Government that North
Korea would not come off the terrorism list until the abduction issue
that was central to the Japanese had been resolved. But Ambassador
Schieffer found out later that Chris Hill had cut a deal ignoring that
pledge and, without advance notice or information from Ambassador Hill,
had to backtrack--our Ambassador to Japan--and try to mollify our
stalwart ally, Japan, whose Government felt upset and betrayed.
Finally, at least one senior intelligence officer has said Ambassador
Hill sidetracked and bypassed procedures designed to inform the
intelligence community of the substance of his discussions with the
North Koreans.
Such conduct in the course of negotiations should give serious pause
to those concerned about the sensitivity of diplomacy in Iraq and in
the Middle East at this time.
In addition to this undiplomatic conduct with respect to his
executive branch colleagues, Ambassador Hill has a disturbing track
record of evasiveness, and I believe dishonesty, in dealing with
Congress. In statements made for the record in congressional testimony,
Ambassador Hill made promises that he did not, could not, or had no
intention to keep.
Regarding the prospect of normalization with North Korea, Ambassador
Hill assured a skeptical House Foreign Affairs Committee in February
2007 that improvement in human rights would be part of any deal struck
with North Koreans. But 1 year later, Ambassador Hill indicated to a
reporter that normalization could proceed before such things took
place. He stated:
Obviously we have continued differences with North Korea,
but we can do that in the context of two states that have
diplomatic relations.
On the issue of human rights last year, before the Senate Armed
Services Committee, I asked Ambassador Hill whether he would invite the
Special Envoy for Human Rights to all future negotiation sessions. His
answer, and I quote it directly:
I would be happy to invite him to all future negotiating
sessions with North Korea.
That answer was given without qualifiers.
Mr. President, I ask unanimous consent to have the relevant portion
of that committee transcript from July 31, 2008, printed in the Record.
There being no objection, the material was ordered to be printed in
the Record, as follows:
The North Korean Six-Party Talks and Implementation Activities
Hearing before the committee on armed services, united states senate,
july 31, 2008
Senator Brownback. I want to, because my time will be
narrow here: will you state that the Special Envoy will be
invited to all future negotiating sessions with North Korea?
Ambassador Hill. I would be happy to invite him to all
future negotiating sessions with North Korea.
Senator Brownback. Thank you.
Mr. Ambassador, you noted this earlier, that there are
political gulags and concentration camps in North Korea. Will
you state that any prospect of normalization with North Korea
is contingent upon the regime shutting down the political
gulags and concentration camps?
Ambassador Hill. I can say to you, Senator, that we will
definitely raise these
[[Page 8535]]
issues as an element of the normalization process. I'm not in
a position at my level to state to you today what the
specific conditions of normalization were, but they will be
raised as part of that and clearly, we will be looking for
more satisfactory answers on this.
Senator Brownback. Mr. Ambassador, the Illinois delegation
in total in a letter dated in 2005--noted the abduction of
Reverend Kim Dong Shik, who's a U.S. citizen, and his wife is
an Illinois resident, children U.S. citizens. I'm going to
enter this letter in the record. It's from the Illinois
delegation. They have said they would not support any
normalization with North Korea until his abduction is dealt
with.
[The information referred to follows:]
Mr. BROWNBACK. Mr. President, I already entered the note I received
from the Special Envoy saying he was never invited, but there is
another case--one I know is of great concern to the ranking member of
the House Foreign Affairs Committee, Ms. Ros-Lehtinen--where Chris Hill
told a reporter that he had no recollection of receiving a letter from
and had provided no response to the spouse of Rev. Kim Dong-Shik, a
U.S. permanent resident and father of a U.S. citizen, who was kidnapped
in North Korea in 2000.
Yet a photo obtained by the media showed Mr. Hill receiving this from
the Congresswoman herself.
On the issue of nuclear disarmament, Ambassador Hill also misled
Congress. During his February 2007 testimony, Hill insisted that North
Korea must disclose ``all'' of its nuclear programs, and specified that
``All means all, and this means the highly enriched uranium program as
well.''
But when the North Koreans' belated declaration of nuclear activity
did not even mention their uranium program, even when there were
reports that the documents themselves that they gave us had traces of
uranium on them, Ambassador Hill still insisted on rewarding the North
Korean regime with delistment from the terrorism list.
On dealing with proliferation, later that year before the House
subcommittee, Ambassador Hill said:
Clearly, we cannot be reaching a nuclear agreement with
North Korea if at the same time they are proliferating. It is
not acceptable.
Yet only months later, Hill reached just such an agreement before
Congress had a chance to answer key questions about North Korea's
alleged nuclear proliferation to Syria, taking place during Hill's own
negotiations.
What all this shows is a disturbing pattern by Ambassador Hill to
tell Congress one thing, and then do another.
Congressional testimony is not a formality. It is not a venue for
executive officials to parrot what Members of Congress want to hear--
regardless of whether such parroting reflects reality.
Rather, congressional hearings provide a means to reassure the
American people that their tax dollars are being spent wisely, and
their interests are being preserved.
In this case, we had a right to know that the tens of millions of
dollars worth of heavy fuel oil sent to Kim Jong Il, and the other
serious concessions Ambassador Hill was handing over, were at least
going to improve our national security, if not help end the oppression
of the North Korean people.
And in that respect, I would like to address the substance of
Ambassador Hill's deals with the North Korean regime. The record can be
summarized by stating the concessions that both sides obtained through
the negotiations.
First, Ambassador Hill is credited with a victory in bringing the
North Koreans back to the table in 2005. But in doing so, he admits to
exceeding his instructions to avoid bilateral talks with the regime.
Second, Hill oversaw and managed a complicated process that involved
Russia, China, South Korea, and Japan, in addition to the U.S. and the
DPRK.
Neither of these gains in process provided us with concrete evidence
of progress on denuclearization, despite the fact that the North
Koreans traded them for substantial material gain from our side.
Ambassador Hill did obtain a declaration of nuclear activities from
the regime. But as noted earlier, this declaration was half a year
overdue and so incomplete as to render it useless. The declaration
provided no confirmation of the number of bombs that were made, no
admission or information on the uranium program, and nothing on
proliferation. It was a radioactive set of documents of dubious worth.
Additionally, Ambassador Hill was able to get the DPRK to implode the
cooling tower at Yongbyon. But according to many analysts, the step was
mostly a symbolic gesture in that North Korea is still able to run its
plutonium reactor, just with more environmental consequences.
In exchange for these minimal gains in process and symbolism, the
concessions we forked over were substantial. Tens of millions of
dollars worth of heavy fuel oil were shipped over to supply the regime
with ``energy assistance,'' ostensibly so that it could continue to
carry out its policies of belligerence and oppression.
Congress was asked to pass legislation waiving Glenn amendment
sanctions against North Korea. These sanctions were designed to
prohibit assistance to states that detonate illegal nuclear weapons,
and were automatically triggered when DPRK tested a nuclear bomb in
2006. We gave them a pass on that.
We delisted the DPRK from the list of state sponsors of terror,
despite their failure to account for the Japanese abductees and U.S.
permanent resident Reverend Kim Dong-Shik, not to mention their failure
to even slightly diminish the terror they inflict upon the North Korean
people.
We removed sanctions pursuant to the Trading with the Enemy Act, and
facilitated the transfer of money to the regime that otherwise should
have been confiscated by the Treasury Department under financial
regulations for nuclear proliferators.
We looked the other way on the role that the DPRK played in
constructing a nuclear reactor in Syria, choosing instead to plow ahead
with the negotiations.
What is worse, after we gave up so much leverage, the DPRK is now
just as hostile and dangerous as ever. Next week the regime plans on
launching a ballistic missile over Japan that could reach the outskirts
of the United States, a provocative act of the gravest significance.
And to push the limits of our tolerance even further, on March 17,
North Korean border guards abducted two American journalists--Laura
Ling and Euna Lee--and reports indicate that since their capture they
have been subjected to ``intense interrogation.''
Taken all together, this is an unfortunate legacy for Ambassador
Hill. Broken commitments to Congress, freelancing diplomacy,
disregarding human rights, and giving up key leverage to the DPRK in
exchange for insubstantial gestures.
Such things have harmed our national security and ignored our moral
obligations, a legacy ill-suited for the next Chief of Mission to Iraq.
I will conclude not with my own words, but with the words of Rabbi
Abraham Cooper, associate dean of the Simon Wiesenthal Center, who
wrote a piece for the Korea Times last month, which I will ask to be
included in the Record.
By exclusively pursuing the nuclear tail around the six-
party table, we have contributed to the horrible suffering of
the people of North Korea and degraded the United States'
long-standing commitment to fundamental human rights.
Like the inmates of the Soviet Gulag or the Nazi
concentration camps of the 1930s, about 200,000 to 300,000
hapless victims in North Korean camps wait for help. Our
silence to these and other outrages is perhaps Pyongyang's
greatest victory to date. We want them to dispose of fearsome
weapons--they want our silence. And too often, we have
acquiesced.''
Mr. President, I do not acquiesce to this nomination.
I now ask unanimous consent the full article by Rabbi Abraham Cooper
be printed in the Record.
There being no objection, the material was ordered to be printed in
the Record, as follows:
Clinton Strikes Blow for North's Human Rights
(By Rabbi Abraham Cooper)
Give Hillary Clinton her due. Her first overseas foreign
policy trip as secretary of
[[Page 8536]]
state pits her against an adversary, North Korean leader Kim
Jong-il, who over the last 16 years effectively took both the
Clinton and Bush administrations to the cleaners.
Despite profoundly different worldviews, the United States
has played pretty much the same cards at the six-party table.
The main goal: securing a nuclear-defanged North Korea.
``Complications,'' like human rights, were effectively
sidelined. Incredibly, some ``Korean experts'' are pushing
hard for Secretary Clinton to pursue the same approach.
Nuclear deal, uber alles. They still imagine that North
Korea has the same objectives as we do: that Pyongyang wants
to seek benefits for their starving people, that it wants to
advance economically, and that it pursues political
objectives because of nationalistic fervor.
And, most dangerously, some experts dismiss the regime's
missile-rattling as merely a means to attract attention and
extract a higher price when they eventually give up their
nuclear bargaining chips. The operative assumption is that
they, like us, ultimately want to succeed in achieving a
negotiated agreement.
But in pursuit of the prize, we have ignored Pyongyang's
statements that they will never compromise on military
objectives and will never relent on its nuclear program.
We have failed to recognize that the North Koreans leverage
the process of negotiations to get benefits, while using any
pretext to avoid fulfilling verifiable agreements on the
issues that trouble the rest of the world.
If this process also degrades our alliances with Japan and
South Korea and stymies the advance of good relations and
China, their true objectives--putting us and our regional
friends in a difficult position--will have been achieved . .
. again.
By exclusively pursuing the nuclear tail around the six-
party table, we have also contributed to the horrible
suffering of the people of North Korea and degraded the
United States' long-standing commitment to fundamental human
rights.
Like the inmates of the Soviet Gulag or the Nazi
concentration camps of the 1930s, about 200,000 to 300,000
hapless victims in North Korean camps wait for help.
Every day, they are forced to renounce their very humanity.
How else to survive when prison guards threaten to chop off a
child's hand to force a confession from a parent?
Why doesn't that guard, or those who've run gas chambers or
performed experiments on political prisoners, have any reason
to fear punishment under international law?
Our silence to these and other outrages is perhaps
Pyongyang's greatest victory to date. We want them to dispose
of fearsome weapons--they want our silence.
And too often, we have acquiesced. For the past two years
we have let Japan go it alone in its fight to bring back
citizens who were abducted by North Korea, kidnapped as they
walked the streets of their hometowns in Japan.
As many as 80 Japanese are estimated to have been taken
against their will to North Korea, where they are forced to
train North Korean spies, enter arranged marriages and serve
other interests of the Kim Jong-il regime. Kim himself
admitted to 13 abductions.
In our eagerness to obtain that elusive agreement in which
we imagine North Korea might divest itself of a bargaining
chip it has devoted decades to develop at great expense, we
sacrifice our own commitment to human rights.
The logic of doing so was never stated more vapidly than in
the written statement of a private witness at last week's
hearing before the House Foreign Affairs Committee: ``Japan
will continue to be part of the problem rather than part of
the solution when it comes to engaging North Korea, despite
being one of our most important allies. By allowing the
abduction of a handful of its citizens decades ago to
dominate all policy considerations when it comes to the
North, Tokyo has become irrelevant at the nuclear talks,''
the statement said, implying that being part of a negotiating
process should outweigh a nation's interest in the rights of
its own citizens. Thankfully, Hillary Clinton disagrees.
Secretary Clinton's visit to Asia is extremely important.
So far, she's been making it clear that we are willing to
negotiate with North Korea, but at the same time, by meeting
with the families of some of the abductees, she is signaling
that the United States will no longer abandon them or our
fundamental values.
Mr. BROWNBACK. I yield the floor.
The PRESIDING OFFICER. The Senator from Maryland is recognized.
Ms. MIKULSKI. Mr. President, I ask unanimous consent that at 5:15
p.m. today, the Senate resume consideration of the Ensign second-degree
amendment, No. 715, and that the amendment be modified with changes at
the desk and there be 2 minutes of debate equally divided and
controlled in the usual form prior to a vote in relation to the
amendment; that upon the use of that time, the Senate proceed to a vote
in relation to the amendment; that upon the disposition of amendment
No. 715, as modified, the Baucus-Grassley amendment, No. 692, as
amended, if amended, be agreed to and the motion to reconsider be laid
upon the table, and that the Senate then resume consideration of
amendment No. 693 and that the amendment be modified with the changes
at the desk; that once modified, the amendment be agreed to, as
modified, and the motion to reconsider be laid upon the table; that the
Senate then resume consideration of amendment No. 717, and that the
amendment be agreed to and the motion to reconsider be laid upon the
table, and that no amendments be in order to any of the amendments
covered in this agreement prior to a vote in relation thereto.
The PRESIDING OFFICER. Without objection, it is so ordered.
The amendment (No. 715), as modified, is as follows:
On page 2, line 20, insert before the period the following:
``which shall include crisis pregnancy centers, organizations
that serve battered women (including domestic violence
shelters), and organizations that serve victims of rape or
incest''.
Ms. MIKULSKI. Mr. President, I suggest the absence of a quorum.
The PRESIDING OFFICER. The clerk will call the roll.
The bill clerk proceeded to call the roll.
Ms. MIKULSKI. Mr. President, I ask unanimous consent that the order
for the quorum call be rescinded.
The PRESIDING OFFICER (Mr. Nelson of Florida). Without objection, it
is so ordered.
Amendment No. 715, as modified
Ms. MIKULSKI. What is the pending business?
The PRESIDING OFFICER. There is now 2 minutes equally divided before
a vote on amendment No. 715, as modified.
Ms. MIKULSKI. Which is the Ensign second-degree amendment?
The PRESIDING OFFICER. That is correct.
Ms. MIKULSKI. Thank you. As I understand it, the Senator from Nevada
does not wish to speak.
Mr. ENSIGN. I yield back my time.
Ms. MIKULSKI. I will comment that the Ensign amendment would make an
unnecessary, divisive change to the bipartisan amendment offered by
Senators Baucus and Grassley. Senators Baucus and Grassley create a
nonprofit, capacity-building program that would fund grant programs to
provide technical assistance to small charities: how to manage
finances, accurately file tax returns, et cetera.
There is no limitation in the Baucus-Grassley amendment on the type
of charities that can access these training opportunities. Therefore,
the Senator from Nevada's amendment is unnecessary.
Therefore, I move to table the Ensign amendment and ask for the yeas
and nays.
The PRESIDING OFFICER. Is there a sufficient second?
There appears to be. The question is on agreeing to the motion. The
clerk will call the roll.
The bill clerk called the roll.
Mr. DURBIN. I announce that the Senator from Massachusetts (Mr.
Kennedy) is necessarily absent.
Mr. KYL. The following Senator is necessarily absent: the Senator
from Wyoming (Mr. Enzi).
The PRESIDING OFFICER. Are there any other Senators in the Chamber
desiring to vote?
The result was announced--yeas 56, nays 41, as follows:
[Rollcall Vote No. 111 Leg.]
YEAS--56
Akaka
Baucus
Bayh
Begich
Bennet
Bingaman
Boxer
Brown
Burris
Byrd
Cantwell
Cardin
Carper
Collins
Dodd
Dorgan
Durbin
Feingold
Feinstein
Gillibrand
Hagan
Harkin
Inouye
Johnson
Kaufman
Kerry
Klobuchar
Kohl
Landrieu
Lautenberg
Leahy
Levin
Lieberman
Lincoln
McCaskill
Menendez
Merkley
Mikulski
Murray
Nelson (FL)
Pryor
Reed
Reid
Rockefeller
Sanders
Schumer
Shaheen
Snowe
Stabenow
Tester
Udall (CO)
Udall (NM)
Warner
Webb
Whitehouse
Wyden
[[Page 8537]]
NAYS--41
Alexander
Barrasso
Bennett
Bond
Brownback
Bunning
Burr
Casey
Chambliss
Coburn
Cochran
Conrad
Corker
Cornyn
Crapo
DeMint
Ensign
Graham
Grassley
Gregg
Hatch
Hutchison
Inhofe
Isakson
Johanns
Kyl
Lugar
Martinez
McCain
McConnell
Murkowski
Nelson (NE)
Risch
Roberts
Sessions
Shelby
Specter
Thune
Vitter
Voinovich
Wicker
NOT VOTING--2
Enzi
Kennedy
The motion was agreed to.
Amendments Nos. 692, 693, as Modified; and 717
The PRESIDING OFFICER. Under the previous order, the following
amendments are agreed to: Amendments Nos. 692, 693, as modified, and
717. The motions to reconsider those votes are considered made and
tabled.
The amendments (Nos. 692 and 717) were agreed to.
The amendment (No. 693), as modified, was agreed to, as follows:
On page 115, line 15, strike ``1 percent'' and insert ``2
percent''.
On page 115, line 20, strike ``$10,000,000'' and insert
``$20,000,000''.
On page 213, after line 21, insert the following:
(b) Amendment.--Subtitle F of title I is further amended by
inserting after section 184 the following:
``SEC. 184A. AVAILABILITY OF ASSISTANCE.
``A reference in subtitle C, D, E, or H of title I
regarding an entity eligible to receive direct or indirect
assistance to carry out a national service program shall
include a non-profit organization promoting competitive and
non-competitive sporting events involving individuals with
disabilities (including the Special Olympics), which enhance
the quality of life for individuals with disabilities.''.
The PRESIDING OFFICER. The majority leader.
Cloture Motion
Mr. REID. Mr. President, we have made progress on this legislation. I
appreciate very much the hard work of Senator Mikulski and appreciate
the cooperation we have received on this side of the aisle. We are
going to work through more amendments tomorrow--if, in fact, there are
other amendments. It is my understanding the Thune amendment is one we
will vote on. We will not do that tonight. We will do it in the morning
at a convenient time for everyone. I am going to file cloture tonight.
I hope it is not necessary that we vote to invoke cloture. We should
not have to invoke cloture on a bill such as this. This is a bill that
is unquestionably bipartisan. We have given hours and hours of time for
people to offer amendments, to speak on the bill, speak on the
amendments. As everyone knows, this is our last weekend prior to the
Easter recess and next week is going to be a real difficult week. They
always are when we do the budget. So it would be a good idea if we
could finish tomorrow so people could go back to their States and do
what they need to do before the difficult week we have next week. But
if we can't finish this, we will have to vote for cloture and either
the Republicans will allow us to move the vote up to Thursday or we
will have to do it Friday morning. That means if people want to
continue being difficult--and I am confident that will not be the
case--then we would have to finish this on Saturday. We have to finish
this legislation before Monday. We have to start on the budget Monday.
There is 50 hours of statutory time. That time has to start running
Monday. We will come in at an early time on Monday to get that going.
I had a small conversation today with Senator Gregg. He has an idea
of how many amendments the Republicans wish to offer. This is one of
those times when we have to look forward to what we have next week.
I send a cloture motion to the desk on the substitute amendment.
The PRESIDING OFFICER. The cloture motion having been presented under
rule XXII, the clerk will report the motion.
The legislative clerk read as follows:
Cloture Motion
We, the undersigned Senators, in accordance with the
provisions of rule XXII of the Standing Rules of the Senate,
hereby move to bring to a close debate on the Mikulski
substitute amendment No. 687 to H.R. 1388, a bill to
reauthorize and reform the national service laws.
Harry Reid, Barbara A. Mikulski, Patrick J. Leahy, Daniel
K. Akaka, John F. Kerry, Jeff Bingaman, Russell D.
Feingold, Carl Levin, Jon Tester, Robert P. Casey, Jr.,
Benjamin L. Cardin, Jeanne Shaheen, Roland W. Burris,
Sheldon Whitehouse, Robert Menendez, Kirsten E.
Gillibrand, Patty Murray.
Mr. REID. I ask unanimous consent that the live quorum not be
necessary.
The PRESIDING OFFICER. Without objection, it is so ordered.
cloture motion
Mr. REID. I send a cloture motion to the desk.
The PRESIDING OFFICER. The cloture motion having been presented under
rule XXII, the clerk will report the motion.
The legislative clerk read as follows:
Cloture Motion
We, the undersigned Senators, in accordance with the
provisions of rule XXII of the Standing Rules of the Senate,
hereby move to bring to a close debate on H.R. 1388, a bill
to reauthorize and reform the national service laws.
Harry Reid, Barbara A. Mikulski, Patrick J. Leahy, Daniel
K. Akaka, Jeff Bingaman, Joseph I. Lieberman, Russell
D. Feingold, Carl Levin, Jon Tester, Robert P. Casey,
Jr., Benjamin L. Cardin, Jeanne Shaheen, Roland W.
Burris, Sheldon Whitehouse, Robert Menendez, Kirsten E.
Gillibrand, Patty Murray.
Mr. REID. Mr. President, I ask unanimous consent that the mandatory
quorum be waived.
The PRESIDING OFFICER. Without objection, it is so ordered.
Mr. REID. Mr. President, for the knowledge of all Senators, there
will be a briefing here tomorrow, in the Visitor Center in the closed
hearing room, dealing with Afghanistan. There is going to be a report
come out from the White House tomorrow. Ambassador Holbrooke will be
here to brief all Senators. I wish we could have given everyone more
notice. I didn't know about it until 4 o'clock today. I am sorry about
that. I know attendance may not be perfect because at 12 noon, there is
going to be a series of votes in the Budget Committee. There will also
be a series of votes at 3:30 tomorrow afternoon in the Budget
Committee. What we accomplish on the floor, we are going to work around
these votes that come from the Budget Committee. I would hope we could
wrap up this bill right after that briefing, which will end at 5
o'clock tomorrow afternoon.
The PRESIDING OFFICER. The Senator from Maryland.
Ms. MIKULSKI. Mr. President, I believe we can wrap up this bill. I am
not aware of many more amendments on our side of the aisle. We will be
able to come to closure on ours, I believe, even before noon tomorrow,
acknowledging what will happen in the Budget Committee. So we would
like to be able to move expeditiously.
I would hope we would not have to be in session late on Friday or on
Saturday. And, in fact, I would suggest that Members go home to their
communities and volunteer. There is always some good work to be done.
This is about national service. We have heard about the little platoons
all over America. There are communities that need our help more than
they need long-winded speeches on the Senate floor. So let's do some
heavy lifting in the Senate, and let's do some heavy lifting in our
communities. But let's bring this bill to an end tomorrow night.
I really want to thank my colleague, Senator Hatch, for the excellent
cooperation he and his staff have given us, along with Senator Enzi,
who I know continues to be snowed-in in Wyoming. We do not want to be
snowed-in in the Senate. We have now filed cloture. Let's get this bill
done.
Mr. President, questions have been raised about the intent of section
1705 giving the chief executive officer authority to delegate specific
programmatic authority to the States. In particular, strong concerns
have been raised that corporation officials would use this authority to
eliminate the State offices of the corporation and adversely impact the
operation of VISTA and the Senior Corps.
The committee intends that the chief executive officer will use this
authority judiciously to improve the operation of the all of the
corporation's
[[Page 8538]]
programs by using a consultative process that includes all of the
stakeholders in the affected programs. The committee expects the
corporation to continue the staff from State offices at an operational
level that is at least equal to the current one.
Mr. DORGAN. Mr. President, I rise today to speak on my amendment that
has been offered to the Serve America Act. I would first like to thank
my colleague, Senator Murkowski, for offering this amendment on my
behalf. She is a cosponsor to this amendment along with a number of my
other colleagues, including Senators Bingaman, Johnson, and Barrasso.
My amendment will accomplish two things: First, it will designate a
permanent Strategic Advisor for Native American Affairs at the
Corporation for National and Community Service. And second, it will
ensure that Indian Tribes remain eligible to compete for national
service grants.
I want to applaud the Corporation for National and Community Service
for recognizing the need for a tribal liaison over the past year. That
office has helped make tribal communities more aware of the
opportunities that the Corporation offers.
Making this position permanent will further increase tribal community
in all national service programs. In addition, the office would collect
information on challenges to tribes to better address tribal program
needs.
The amendment places the designation of this position under the
duties of the chief executive officer of the Corporation for National
and Community Service and would greatly help to develop and enhance
programming to address the unique needs of Indian tribes.
The second part of this amendment would ensure that tribal
governments remain eligible for nationally competitive grants. Existing
law allows tribes to compete for funds with states and national
nonprofit organizations. The bill as currently written would remove
tribal eligibility to compete for these grants. My amendment merely
maintains existing law, and acknowledges Indian tribes as eligible
entities for these competitive grants.
As my colleague from Alaska noted, many of the proposed Corps in this
act address the very issues which are most critical in Indian Country.
Grants under the activities and indicators of the Education, Healthy
Futures, Clean Energy, Veterans and Opportunity Corps would provide
many volunteers from tribal organizations, States, and national
nonprofits numerous opportunities to work on reservations.
My hope is that the Corporation will continue to encourage the use of
these Corps on Indian reservations though the proposed strategic
adviser for Native American affairs in a way which will help tribal
communities and individuals.
American Indians have the lowest level of educational attainment of
any racial or ethnic group in the United States. Only 13.3 percent of
Native Americans have an undergraduate degree, compared to the national
average of 24.4 percent. Volunteers in the Education Corps who offer
their time as mentors and tutors in Indian Country could help improve
these numbers for our First Americans.
Moreover, the Health Futures Corps could assist with volunteers for
individual American Indians who need help obtaining health services or
navigating the health care system. The Clean Energy Corps might
facilitate volunteers for Indian Country to assist with weatherization
of homes on Indian reservations. The Veterans Corps is able to send
volunteers to work with American Indian families who have a family
member deployed overseas. Finally, the Opportunities Corps could
provide volunteers to increase financial literacy in Indian communities
where this assistance is desperately needed.
In addition, organizations who participate in the national service
programs, such as the Boys and Girls Club, are active through these
national service programs in Indian Country and they provide a much
needed positive environment where Native American youth can go to
celebrate their culture and community.
I would like to reiterate how important these national service
programs are to Indian Country and thank the Corporation for National
and Community Service for recognizing that importance. I urge my
colleagues to support this amendment to the Serve America Act.
____________________
MORNING BUSINESS
Ms. MIKULSKI. Mr. President, I now ask unanimous consent that the
Senate proceed to a period of morning business, with Senators permitted
to speak for up to 10 minutes each.
The PRESIDING OFFICER. Without objection, it is so ordered.
The Senator from Georgia.
____________________
THE PRESIDENT'S PROPOSED BUDGET
Mr. CHAMBLISS. Mr. President, I rise today to speak about the
President's proposed budget.
A real sense of unease is pervading the country right now, and it is
not just the stock market or unemployment fears or the housing crisis.
There is a genuine apprehension about where our Nation is headed
financially.
In my travels throughout my home State this past weekend, I had the
opportunity to talk to Georgians from Atlanta, to Waycross, to Blakely,
to Macon, and to hear what is on their minds. One of their main
concerns is the budget the President has sent to the Hill and the
financial hole into which it will put this country, our children, and
our grandchildren.
They are right to be worried. The independent, nonpartisan
Congressional Budget Office released its analysis of the President's
proposed budget on last Friday. Its assessment is very troubling. The
CBO's estimate for the cost of this budget exceeds that of the Obama
administration's estimate by $2.3 trillion over a 10-year period. By
borrowing and spending so much money, the CBO projects that the public
debt--the amount we have to pay back to our creditors--will grow to 82
percent of GDP by 2019. The last time that happened, America was paying
off a massive debt it incurred from fighting in World War II. According
to the CBO, this year, 2009, the total deficit is estimated to hit $1.9
trillion. By 2018, the CBO projects annual deficits to be more than $1
trillion every year, and rising. Under the terms of this budget, the
annual deficit, in 2013, is slated to be $672 billion--or more than 4
percent of estimated GDP. That is one of the largest deficits in
American history, but it is actually the smallest projected deficit in
this entire budget.
Back in 2004, before he was the President's Director of the Office of
Management and Budget, current OMB Director Peter Orszag wrote that
repeated deficits of 3.5 percent or more will put this country on an
``unsustainable path'' and would result in ``a related loss of
confidence both at home and abroad.'' He was right. But we are feeling
that loss of confidence among Americans now, much less among those whom
we are looking to to buy that huge debt we are creating.
To put it plainly, people are worried. These are people such as Phil
Perlis, who owns a family clothing business in Tifton, GA. Phil's
family has owned The Big Store for almost a century, and it employs
approximately 20 people. I know Phil and his family very well. Phil
said this is the toughest year he has ever had. He has been ``squeezed
in every place imaginable.'' The days of feeling comfortable about
making a profit no longer exist, and he simply hopes to be in business
this time next year. His confidence is shaken. And given the business
climate and the economic issues in Washington--and despite his positive
attitude--Phil predicted to me the other day that very trying times are
ahead for his store, as well as all other small businesses across
America.
He is not alone. Americans, despite the optimism that is our
birthright, already feel a sense of disquiet about the direction our
Nation is headed economically. As an example, the national savings rate
has gone from zero in 2005 to 8 percent today. For the good of their
families, Americans are trying to hold on to what they have, not
throwing caution to the wind and hoping for
[[Page 8539]]
a future financial miracle. For the good of our country, our children,
and our grandchildren, our Government should do the same.
Mr. President, I yield the floor.
I suggest the absence of a quorum.
The PRESIDING OFFICER. The clerk will call the roll.
The legislative clerk proceeded to call the roll.
Mr. DURBIN. Mr. President, I ask unanimous consent that the order for
the quorum call be rescinded.
The PRESIDING OFFICER (Mr. Burris). Without objection, it is so
ordered.
____________________
THE BUDGET
Mr. DURBIN. Mr. President, next week the Senate is going to take up
the budget. The budget, of course, is one of the most important
documents the Congress considers each year. It is really the blueprint
for spending. At the end of that debate in the Senate, hopefully the
budget will pass and the same thing will happen in the House. The two
Chambers will come together and agree on a spending pattern for the
next fiscal year, which begins October 1.
It is an elaborate process, a lengthy process, many times a divisive
process, but one that is absolutely essential because this budget book
really reflects who we are and where our values are. That is why we
spend so much time thinking about it and planning it. We have to look
ahead, and not just to the next fiscal year from October 1 of this year
through September 30 of 2010 but to what the budget will mean in the
outyears. What will it do for the following year? What do we anticipate
will happen?
Some of it is speculation. There are great speculators, and people
paid a lot of money to speculate on what is going to happen to the
economy, and they come up with different conclusions. I was thinking
the other day, when the Congressional Budget Office came out with
different projections for economic growth: I wonder if any speculators
on economic growth 2 years ago would have predicted we would be where
we are today. I do not think so because there would have been a race
for the exits, with people selling their stocks and mutual funds and
liquidating as fast as they could. We did not receive fair warning this
was going to happen, although there were some storm clouds that really
should have been heeded.
Well, when this President came to office, he inherited quite a
situation. We started the year 2009 with President Obama in the midst
of a crisis unlike any we have seen in our lifetime. As the Budget
Office book indicates, our economy is in deep recession that threatens
to be deeper and longer than any since the Great Depression 75 years
ago.
More than 3.5 million jobs were lost over the past 13 months, before
President Obama came to office--more jobs than at any time since World
War II. Another 8.8 million Americans who want and need full-time work
have had to settle for part-time jobs. Manufacturing employment has hit
a 60-year low. Capital markets are virtually frozen, making it
difficult for businesses to grow and families to borrow for a home, a
car, or the college education expenses of their kids. Families are
struggling to pay their bills and make their mortgage payments.
Trillions of dollars of wealth have been wiped out. There is hardly
anyone with a savings account or any kind of investment who has not
seen it diminished by this economy over the last year. That is just a
fact.
It is in that environment and in that context that we discuss what to
do in the next budget. What should the Federal Government do in light
of these economic realities?
Well, the first thing we did for this President was to pass a
recovery and reinvestment package, the stimulus bill. The President
came to us and said: Here is the fundamental problem we run into.
People are worried. When their confidence is low, they stop spending.
And if they are not spending on basic appliances and cars and things
people spend money on, then, of course, there is no demand for goods
and services. Without that demand, businesses start contracting and
shrinking, laying off employees, and the situation goes from bad to
worse.
So the President came to us and said: I am asking for $800 billion in
a recovery and reinvestment package to try to breathe some life back
into this economy, to create jobs and save jobs, so people will have a
paycheck they will spend for goods and services, which will invigorate
businesses across America.
That, to me, was just fundamental. I took some economics courses in
college way back when, and we basically learned what was known as
Keynesian economics; that is, if you do not have enough aggregate
demand in your economy, you can create that demand in three different
ways: consumer spending, investment, or Government spending. Well, we
cannot get people to invest because they are afraid of the stock
market. Consumer spending is down because people are worried about the
future. That leaves you one option: Government spending.
A lot of people say: Well, how can we spend money--$800 billion--
Senator, when we have all these deficits? You are just piling up more
debt for our kids to pay. There is truth to that, but it does not tell
the whole story. If we do not turn this recession around, if we do not
put people back to work and businesses back in business, then, sadly,
the recession gets worse, the overall deficit gets worse, and the
prospects that those kids of yours or grandkids will even find a job
are diminished. So our investment in the recovery plan is a basic
investment to try to create more consumer demand for goods and services
and get the economy chugging forward again.
The budget the President proposes, the one for the next fiscal year,
for our Government that we will be debating next week on the floor of
the Senate, is a smart, fair, and responsible budget. The President has
proposed--and he described it last night in his press conference--to
restore fairness for middle-class families, reestablish responsibility
in the budgeting process, and make smart investments for America's
future. I think we have to do all three.
The Republican response to this on the other side of the aisle is
that the President's budget just spends too much money. It taxes too
much. It borrows too much.
The President's increase in what we call nondefense discretionary
spending--that is outside of the mandatory programs such as Social
Security and Medicare and Medicaid and other programs, veterans
programs, and defense spending--all the rest of the budget is
relatively small in comparison. But it is true that the President calls
for increased spending in that area--but in two specifics: one, more
money for veterans. You cannot visit a veterans hospital or meet with
veterans today without realizing that the promise we made to them has
to be kept, and it will cost money. I had a hearing today where two
generals spoke to us from the Air National Guard and the Army National
Guard and they talked about returning veterans and the problems they
face, and we know there are many. Some come home with terrible wounds
from war and have a long period of time ahead of them for
rehabilitation and recovery. Some, however, come home with invisible
wounds, psychological wounds, posttraumatic stress disorder and the
like. LTG Vaughn from the Army Guard and Reserve said that suicide
rates are up 140 to 150 percent. The same thing is true with the air
guard returnees. It is an indication that we have an obligation that
needs to be met. We need to spend money to make sure these veterans get
the kind of care we promised, to put them back in a position in life
where they can proceed to get a job and build a home and a family and
have a good future. They served us. They risked their lives for
America. We promised we would stand by them. President Obama keeps the
promise in this budget.
When the Republicans on the other side say cut spending, I wonder if
we will see any amendments from the Republican side to cut President
Obama's requested increase in spending to help our veterans. It is one
of the highlights of his budget. I don't think they will offer that
amendment. They may complain about the spending level, but I
[[Page 8540]]
doubt if they will stand up here and say we are spending too much money
on our veterans.
The President, of course, puts money into education, as he should.
President Obama understands that a lot of middle-income families are
struggling to keep their kids in school. Sometimes they are not making
as much money at home as they used to. Some kids have been asked to
come home from the campuses and not go back to school for awhile until
things get better. Well, that interrupted education is not good, and we
want these kids, these young men and women, to have a bright future.
President Obama's budget spends money in providing financial and tax
assistance to students in school. If that isn't a smart investment for
our future, I don't know what is. It is critically important.
So to my Republican friends who say we spend too much, I guess my
basic answer to them is: Please show us your budget. Unfortunately,
what we have heard and what we have seen from the Republican side of
the aisle is the same old politics and the same old policies--policies
that brought us into this economic mess, and they still cling to them.
Unfortunately, they don't reflect the reality of where America is
today.
They say, of course, on the Republican side that the President taxes
too much--taxes too much in his budget. Well, since 95 percent of
Americans would receive a tax cut and any tax increases are for the
richest Americans-- those at the highest level of income--then
apparently the Republicans are complaining because those who are well
off might end up paying more in taxes.
Over the last several weeks we have heard quite a bit about how some
of the wealthiest people in America are getting by and being
compensated. I recognize that every wealthy American hasn't contributed
to the decline in our economy, and not every wealthy American pulls
down a hefty AIG bonus each year, but we are in this together. If we
are asking sacrifice from average working families--and we are--is it
too much to ask those making over $250,000 a year to pay a little bit
more in taxes? People making over a quarter of a million dollars a year
will have to pay a little bit more under President Obama's budget. That
is a fact. Their taxes will go up. The complaints from the other side
must be about those tax increases, because the overwhelming majority--
95 percent of American families--will see a tax cut, the President's
Making Work Pay tax cut.
Some of my friends on the other side of the aisle seem to have no
problem asking middle-class American workers--people making $35,000 or
$40,000 a year--to make wage and salary concessions when they
renegotiate their contracts, but if you ask those on the other side of
the aisle whether people making over a quarter of a million dollars a
year or half a million a year or $1 million a year should pay a little
more in taxes, they say it goes too far, it is fundamentally unfair. I
disagree with that point of view. What the President has proposed is
smart, fair, and responsible. Ninety-five percent of Americans will see
their taxes go down, as long as those tax cuts are paid for.
To those who say that raising taxes on anyone is a sure way to ruin
the economy, look back to how our economy performed in the 1990s. Most
Americans would gladly trade the prosperity of that decade for today's
economy. No one in America will pay more taxes under the Obama budget
than they would have paid in the 1990s under the Clinton
administration. This budget takes a fair, responsible, and targeted
approach to the current imbalance in our taxes.
Then, of course, there is the criticism on the Republican side that
President Obama's budget borrows too much, borrows too much money.
Well, let's reflect on history for a moment. Eight years ago when
President George W. Bush took office, he inherited a surplus from
President Clinton, a 2-year surplus when we were generating more
revenue than we were spending in Washington. It hadn't happened in 30
years, but it happened under a Democratic President. George W. Bush
inherited this. At the time he came to office, the sum total of the
debt of America, from the days of George Washington through the Clinton
administration, was about $5 trillion. President George W. Bush
inherited a budget with a surplus and a $5 trillion mortgage on
America. At the end of 8 years, what did President George W. Bush and
the Republican administration leave us? The largest annual deficit in
American history--$1.3 trillion--and a doubling of the national debt.
In 8 years, President George Bush doubled all the debt accumulated by
America in the entire history of our Nation.
That happened on the watch of the Republicans who supported that
President's policies. Now, this President, 65 days into his Presidency,
is being accused of borrowing too much money, inheriting an economy
flat on its back, trying to spend money and get us moving forward, and
the criticism from the other side is he is going to have to borrow
money.
Where was all this worry about borrowing too much when nearly all the
Republicans voted to permanently repeal the estate tax, a repeal which
would cost the American taxpayers $1 trillion--$1 trillion--in order to
provide a tax break to the wealthiest three-fourths of 1 percent of
Americans? I can tell my colleagues, many of the same Senators who were
crying copious tears over the thought of going into debt were the first
to step forward and say, Give a tax break to the wealthiest people in
America and we don't care what debt it incurs. I think their priorities
are wrong.
Where was this worry about borrowing too much when the Bush
administration turned that Clinton surplus into the largest pile of
debt this Nation has ever seen? Remember Vice President Dick Cheney's
favorite quote: ``Reagan proved deficits don't matter.'' Well, I don't
agree with that view. They do matter, to our kids and our grandkids.
But those who should have been worrying about our deficits over the
past 8 years turned a blind eye to them. They went along with Vice
President Cheney. They said deficits don't count. They refused to do
anything, while our national debt doubled under the last Republican
administration, and we built up enormous debts we still owe to China
and Japan, OPEC, and many other nations. They refused to act when our
economy was growing and could have easily absorbed the necessary
change. Now, when our economy is struggling and we need to spend the
money to move forward, these same Republicans have decided that
deficits are bad news. They have suddenly gotten a new brand of
religion and they want us to end the deficits they supported in the
first place. They were wrong then and they are wrong now. If we want to
turn around the economy, now is the time for smart investments that pay
off over the long term. We want to make sure we create jobs and
business opportunities, investing in things that will pay off for a
long time to come. The President spelled them out last night.
We know if we invest in health care in America to reduce the cost so
that individual families and businesses, State and local governments,
as well as the Federal Government, have a reduced increase in the cost
of health care each year, it will help us balance the books. President
Obama is dedicated to doing that. It will not only be good from a
budget viewpoint, it is good from a health care viewpoint. It makes
health insurance more affordable. It makes health care more affordable.
It will mean that by modernizing and computerizing health records, we
will have a better diagnosis and we will avoid the medical errors that
frequently occur when information isn't gathered correctly and
completely. So that investment in health care is part of President
Obama's spending, spending to bring us out of the recession the right
way: investing in our future.
He also invests in energy. It wasn't that long ago we were captives
of the oil cartels that decided how much we would pay for gasoline. It
went up to about $4.50 in the Midwest. In Illinois, where I am honored
to be Senator, people were hurting. Filling a gas tank was a big deal.
I remember pulling my little Ford pickup truck into a gas station in
Springfield to fill it up on the
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weekend and it was 60 bucks and I couldn't believe it. I had never paid
60 bucks to fill up that little truck, ever. That is what happened. For
other folks, they had to fill up every other day to get back and forth
to work. We were the captives of these oil cartels, these dictators,
who were draining off hundreds of billions of dollars from families and
businesses in America for overpriced oil--$120 a barrel and beyond.
President Obama wants to bring that to an end. He wants us to move
toward energy independence.
He wants to invest in making certain we have green energy sources,
renewable and sustainable, right here at home. Is that a good thing for
the long term? I think it is one of the best investments we can make.
It is the kind of smart investment we need in a budget which many of my
friends on the other side of the aisle have rejected. They were the
first to complain about gas prices. They are obviously the last to sign
up for changing our energy economy.
The third area, of course, is education. I wouldn't be here today
without it. Most of us have profited from education that has given us
chances we never dreamed of. President Obama can tell that story
personally and many others can as well. His investment in education is
to make sure we have better teachers, better classrooms, new libraries,
laboratories, buildings that will service us in the 21st century. These
are investments that will pay off for a long time to come as our kids
get the education they need to compete in the 21st century.
We will hear a lot about the budget debate next week. There will be a
ton of amendments. There always have been. Everybody has their favorite
issue, their favorite amendment. But when it gets down to the bottom
line, the question is what that budget will say about who we are and
what we value. President Obama has proposed a budget that will make
critical investments in our Nation's highest priorities at a time when
America needs them more than ever. This budget would provide a little
bit of help to hard-working families who desperately need it: tax cuts,
as long as we pay for them, education assistance, health care, and
alternative energy investments. That is what this budget is all about.
The budget restores fairness, reestablishes responsibility.
Incidentally, we are finally going to put in this budget the real
cost of Iraq and Afghanistan. For 8 years the Republican administration
ignored it, wouldn't count it, said it was some mystery emergency
spending. We know better. This budget is more honest.
We also realize to make smart investments--and this budget will make
a lasting impact on our country by improving our economy, that will
benefit our children and grandchildren for many years to come.
When the time comes next week, I hope my colleagues will step
forward, be part of a new era of responsibility, be part of renewing
America's promises, promises we have made that we will show good
stewardship in leading this country out of this recession into a bright
day tomorrow.
Mr. President, I yield the floor and suggest the absence of a quorum.
The PRESIDING OFFICER. The clerk will call the roll.
The assistant legislative clerk proceeded to call the roll.
Mr. DURBIN. Mr. President, I ask unanimous consent that the order for
the quorum call be rescinded.
The PRESIDING OFFICER. Without objection, it is so ordered.
____________________
NATIONAL SERVICE REAUTHORIZATION ACT--Continued
Amendments Nos. 691, 712, 695, as Modified, and 696, as Modified
Mr. DURBIN. Mr. President, notwithstanding the pendency of H.R. 1388,
I ask unanimous consent that it be in order for the Senate to consider
the following amendments and that, where applicable, the amendments be
modified with the changes at the desk; that the amendments be agreed
to, as modified, where applicable, and that the motions to reconsider
be laid upon the table en bloc: amendment No. 691 and amendment No.
712; that amendments Nos. 695 and 696 be called up for consideration,
and that each amendment be modified with the changes at the desk; that
the amendments, as modified, be agreed to and the motions to reconsider
be laid upon the table en bloc.
The PRESIDING OFFICER. Without objection, it is so ordered.
The amendments (Nos. 691 and 712) were agreed to.
Mr. DURBIN. Mr. President, I ask that amendments Nos. 695 and 696 be
reported.
The PRESIDING OFFICER. The clerk will report.
The legislative clerk read as follows:
The Senator from Illinois [Mr. Durbin], for Mr. Burr,
proposes amendments numbered 695 and 696, as modified.
The amendments are as follows:
amendment no. 695, as Modified
(Purpose: To provide for outreach to high schools with low graduation
rates)
On page 19, line 22, strike ``identified for school
improvement under title 1'' and insert ``not making adequate
yearly progress for two or more consecutive years under
section 1111.''
amendment no. 696, as Modified
(Purpose: To clarify references to high school graduation rates)
On page 49, line 15, insert ``(as defined in section
1111(b)(2)(C)(vi) of the Elementary and Secondary Education
Act of 1965 (20 U.S.C. 6311(b)(2)(C)(vi)) and as clarified in
applicable regulations promulgated by the Department of
Education'' after ``graduation rate''.
On page 59, line 9, insert ``and as clarified in applicable
regulations promulgated by the Department of Education before
``; and''.
On page 69, line 14, insert ``and as clarified in
applicable regulations promulgated by the Department of
Education before the semicolon.
The PRESIDING OFFICER. The amendments, as modified, are agreed to,
and the motions to reconsider are laid upon the table.
The amendments (Nos. 695 and 696), as modified, were agreed to.
____________________
FLOODING IN NORTH DAKOTA
Mr. DORGAN. Mr. President, Senator Conrad and I and Congressman
Pomeroy, our two colleagues from Minnesota, Senator Klobuchar and
Congressman Peterson, met with President Obama just a few moments ago
in the Vice President's Room behind the Chamber to talk about the flood
threat in our region. This is today's NOAA flood warning map of our
country, and you will see that North Dakota is entirely green. The
green represents the flood warning areas in our country. We have an
entire State under a flood watch.
The headline in our State today is ``Blizzard Blasts The State.'' We
have a raging blizzard that has gone on now for the last day and a
half. It has closed the interstate highways. We have had up to 18
inches of snow in some areas, and then we have unbelievable flooding
threats up and down the Red River and the Red River Valley of North
Dakota. Now we have an urgent flood threat that exists in Bismarck, ND,
as I speak.
I think it would probably be helpful just to show a few of the
scenes. This is piling sandbags. They have had nearly 3 million
sandbags filled in a very short period of time with college and high
school students and National Guard and others in the Red River Valley
filling sandbags. As I said, 3 million sandbags in a very short period
of time.
This is the North Dakota National Guard filling sandbags inside the
Bismarck Civic Center. Just in the last 24 hours we have seen a threat
to the capital city--a very significant threat--and that threat is
described in this photograph. This photograph shows what is called an
ice jam. There are two ice jams at this point on the Missouri River and
the Knife River that flows into the Missouri River. This shows an ice
jam. As I speak, they are trying with explosives to deal with this ice
jam. There are two ice jams, and if this happens in the wrong way, and
one ice jam gives at the wrong time, we will see the entire south side
of the capital city of Bismarck, ND, with a substantial amount of
water.
Evacuations are underway as I speak in portions of that city. The
mayor and the Governor and others, the Corps of Engineers, virtually
everyone is involved, and this is a very significant
[[Page 8542]]
flood threat that just really in the last 24 to 48 hours has developed
as a result of significant ice jams.
This is a city that has not had substantial flood threats since the
dam was built on the Missouri River about 60 miles north of Bismarck,
ND. But these ice jams have completely changed the calculation and pose
a serious threat to the city of Bismarck today. There is a great deal
of work going on in the city. I say to all of them how much we admire
the work they are doing. They are heroes. There are so many in the
military and volunteers who are filling sandbags and doing the work
that is necessary to fight that flood.
The Red River Valley flood--this is volunteers in the Fargodome
filling sandbags. As I said, several million have now been filled. It
appears that this flood could very well top the estimates of the 1997
flood. In 1997, in the Red River Valley, Grand Forks, ND, a community,
then, of about 45,000 to 50,000 people was completely evacuated. I rode
down the streets of Grand Forks in a boat in a community that was
completely evacuated. In the middle of that flood, the center part of
that downtown city caught on fire, and we had the spectacle of
firefighters in the middle of a flood trying to fight a fire in a
downtown area that had been completely evacuated.
This is the Red River Valley. It is completely flat, as flat as a
table top. You can't see a hill in any direction. So because of
unprecedented amounts of moisture--snowfall and rainfall--and because
all of that occurred on top of ground that last fall, when it froze up
was completely saturated, we now see, once again, the threat of record
levels of flooding.
This is sandbagging outside of Fargo homes in the last day or two.
This is flooding in Beulah, ND.
This is 70 to 80 miles north and west of Bismarck, ND.
This is a feed lot in Mandan, ND. You can't see any feed, and you
can't see a lot.
All you can see is water. This is a flooded yard in Fargo, ND. This
is the outskirts of Watford City, ND, which is 175 miles away from
Bismarck. This is what the Jamestown Airport runway looks like.
The point is that we face a very serious threat. The urgent threat at
the moment is in Bismarck, with the determination to try to solve the
problem with these ice jams to prevent substantial flooding in the
capital city. Our thoughts and prayers are certainly with the folks who
are there today trying to do that.
In the Red River Valley--I will be there tomorrow and, hopefully, in
Bismarck tomorrow night--the crest is expected in Fargo, ND, on
Saturday. Our hope is that the flood fight that is occurring there goes
well. Fargo has a lot of experience fighting flood waters. The mayor
and others have done an extraordinary job over the years. They are
building earthen dikes, filling sandbags, doing all they can, in
coordination with FEMA, the Corps of Engineers, the National Weather
Service, the North Dakota National Guard, and others.
I wanted to simply explain the circumstances of why we met with the
President today, spoke with the Secretary of Homeland Security
yesterday, and why it is important. The President, by the way, said, as
President Clinton did when Grand Fork was evacuated, that the point is,
in these circumstances you are not alone. This Government of ours--at
the city, State, and Federal levels--brings to a flood fight a
substantial amount of capability and expertise and people who know what
they are doing. Added to that, the volunteers from all over our
communities have done an extraordinary job.
I spoke this morning to a person who runs what was formerly called
the Crippled Children's School in Jamestown, ND, which has been called
in recent years the Ann Carlson School. Disadvantaged circumstances
exist for the children in that school, who, when a flood comes, are not
as mobile as others. They had to evacuate the Ann Carlson School
yesterday. I think there were 60 to 70 children there who live in that
school. They had to be evacuated. Again, these are kids with a lot of
needs. They had 75 young student athletes show up from the high schools
and colleges, and in 4 hours they evacuated that school. They had to
take the beds and all of the special equipment those children need. In
4 hours, all those young athletes did that. The fellow who runs that
school told me it was extraordinary to see how many showed up to say:
Let us help you. So there is a lot going on.
I am going to travel to both the Red River Valley and to Bismarck. I
wanted my colleagues to understand the circumstances. Again, to put the
first chart back up, you will see that today's NOAA estimate of our
country shows that our entire State is under a flood threat. It has
been an extraordinary winter. Even as we have this threat, there is a
raging blizzard that is shutting down interstate highways in our State
and is dropping as much as 18 inches of snow. It has been a tough time.
North Dakotans are pretty resilient people. We will get through this.
I wanted to tell my colleagues about this and about why I met with the
President.
____________________
188TH ANNIVERSARY OF GREEK INDEPENDENCE
Mr. REID. Mr. President, I rise today to recognize Greek Independence
Day. My home state of Nevada is home to one of the most vibrant Greek
communities in the United States, and I am pleased to join in
celebration with my fellow Nevadans and Greek Americans all around our
country on this 188th anniversary of the independence of Greece.
The political and philosophical legacy of ancient Greece is the very
cornerstone upon which our great experiment in American democracy
rests, and the United States and Greece share a proud history of
cooperation and friendship. Our two countries joined together as allies
in every major international conflict throughout the 20th century, and
the valiant contribution of the Greeks to the Allied effort in World
War II in particular cannot be understated.
Today, Greek Americans join together in celebrations both religious
and secular, as Greek Independence Day coincides with the Greek
Orthodox Church's celebration of the Festival of the Annunciation. As
families gather to honor their Hellenic heritage with festive parades,
prominent displays of the Greek flag, and preparation of traditional
foods, I invite my fellow United States Senators to join me in
congratulating the Greek Americans who have so enriched our country
with their many contributions.
Earlier this week, I was pleased to support Senate Resolution 82,
which passed the Senate by unanimous consent, and recognizes the 188th
anniversary of the independence of Greece and celebrates Greek and
American democracy. The strong partnership between the United States
and Greece has prospered for nearly two centuries, and I look forward
to many more years of friendship between our countries.
Ms. SNOWE. Mr. President, today marks a truly cherished day for the
Greek people, Greek-Americans and for all the friends of Greece around
the globe. It is the 188th anniversary of the day in 1821 when the
people of Greece declared independence from the Ottoman Empire,
signaling the beginning of the end of centuries of political,
religious, and cultural repression of their proud and ancient culture.
It took a further 8 years of heroic struggle before Greece secured its
full independence.
Americans have long recognized that the ideals which guided our own
struggle for independence--liberty, democracy, and human dignity--were
also the foundation for Greece's declaration of sovereignty. The United
States and Greece were thus destined to become not only faithful allies
but close friends. Nearly two centuries after the rebirth of Greek
independence, our two nations and their citizens are bound by ever-
strengthening bonds which link us through both a shared heritage of
democratic values and a modern alignment of strategic interests.
[[Page 8543]]
Just as there is much to celebrate in the 188 years of modern
Greece's independence, there are many challenges which it faces in the
21st century. Ongoing provocations by Turkey in the Aegean and
irredentist actions by the Former Yugoslav Republic of Macedonia thwart
Greece's quest for a stable southeastern Europe free of past centuries'
often cataclysmic territorial adventurism. Ankara's continuing
persecution of the Ecumenical Patriarchate of Constantinople--the
leader of Greek Orthodox Christians around the world--and illegal
occupation of the north of Cyprus remain an outrageous affront not only
to Hellenes but to people everywhere who believe in human rights.
Therefore, on this anniversary of Greek independence, let us not only
celebrate and congratulate our friends in Greece but also rededicate
ourselves to strengthening the relationship that exists between our two
great nations, so as to defend its foundational principles and ensure
its vitality in the centuries to come.
____________________
TRIBUTE TO EDWARD R. WARD
Mr. McCONNELL. Mr. President, I rise today to pay tribute to a member
of our Armed Forces from my home State of Kentucky, 1LT Edward R.
``Eddie'' Ward, who is being inducted posthumously into the U.S. Army
Aviation Association of America's Order of Saint Michael.
Established in 1900, the Order of St. Michael recognizes individuals
who have contributed significantly to the promotion of Army aviation.
Those selected have demonstrated the standards of integrity and moral
character, displayed an outstanding degree of professional competence,
and served the U.S. Army aviation or civilian aviation community with
distinction. There are three levels of the Order of St. Michael--
Bronze, Silver, and Gold. First Lieutenant Ward is receiving Gold, the
top level, which is awarded when an individual exhibits the highest
values of honesty and ethical character.
Ward first enlisted in the Army in 1901 at the age of 19. Six years
later, at the age of 25, he was assigned by the signal officer of the
Army to take charge of ``. . . all matters pertaining to military
ballooning, air machines, and all kindred subjects.'' Ward became the
first noncommissioned officer of the enlisted nucleus that eventually
evolved into the present-day Aviation Branch of the Army.
His career was comprised of a great deal of leadership. He headed the
team that uncrated and prepared the Wright aircraft for military trials
at Fort Omaha. He also served at several air schools including Fort
Omaha and the Philippines Air School. However the majority of his
career was spent in the Aeronautic Branch of the Signal Corps until his
retirement from the armed forces in 1930.
The Order of St. Michael uses the story of St. Michael defeating the
dragon to exemplify the bravery and gallantry associated with the
aviation soldier and the boldness and swiftness of aviation on the
battlefield. Edward Ward was a true Kentuckian and an American hero who
epitomizes the heroism and courage told in this story. He was a prime
example of the brave and dedicated soldiers that make our military the
best in the world.
Mr. President, I ask my colleagues to join with me in recognizing 1LT
Edward R. Ward's dedication to our military and our country.
____________________
OMNIBUS PUBLIC LAND MANAGEMENT ACT
Ms. CANTWELL. Mr. President, today, Congress can be very proud of a
very significant accomplishment.
Because today, Congress stood up for the enjoyment and protection of
some of our nation's most pristine and breathtaking wilderness areas,
historical sites, national parks, forests, trails, scenic rivers, and
oceans. This bill will help our country address the impacts of climate
change on our coastal areas, and provide educational opportunities for
our Nation's children.
Today, the U.S. House of Representatives will pass the Omnibus Public
Land Management Act of 2009 one of the most sweeping conservation bills
that Congress has passed in many years.
It is a huge victory for the generations of Americans who enjoy these
sites each year.
It is a huge victory for our American heritage.
And, it is a huge victory for Washington State.
This bill has been through many twists and turns over the last year.
But today's successful vote could not have been possible without the
tenacity and dedication of Majority Leader Reid.
I thank the majority leader for his steadfast support and dedication
to seeing that these important public land and ocean priorities became
law.
Today, I would like to highlight some of the provisions in this bill
that I am especially pleased to see go to the President's desk.
First, this package includes the Snoqualmie Pass Land Conveyance Act,
which I sponsored. This bill would transfer an acre and a half of
Forest Service land to the Snoqualmie Pass Fire District to help them
build a new fire station.
For decades, the Fire District has been leasing its current site from
the Forest Service. They operate out of an aging building that was not
designed to be a fire station.
While they have been able to serve their community despite this
building's many shortcomings, the time has come for us to pay them back
for their hard work and dedication. With traffic on the rise and the
need for emergency services in the area growing, the Fire District
needs to move to a true fire station and this bill will finally help
them do that.
Second, the Ice Age Floods National Geologic Trail Designation Act is
included in this bill.
Since 2001, I have been working with communities in Central and
Eastern Washington, the National Park Service, and community
stakeholders to create an Ice Age Floods National Geologic Trail
through portions of Washington, Oregon, Idaho, and Montana.
Visitors to the trail will not only provide an important economic
boost to central and eastern Washington communities, but they will
learn about an amazing, and often overlooked, part of our region's
history.
You see, most people don't know that during the last Ice Age, when a
glacial lake in Montana formed and deepened enough, the sheer force of
the backed up water undermined the glacial ice-dam. And, the ice gave
way in a cracking explosion.
The huge lake, bigger than all the rivers of the world today
combined, was released all at once and carved its way through the
Pacific Northwest. This changed the region's geography. But these
cataclysmic floods have been a story that's gone largely untold.
Because of this bill, more people will know this important part of
Pacific Northwest history.
Third, this package includes my Pacific Northwest National Scenic
Trail Act.
The Pacific Northwest Trail runs from the Continental Divide to the
Pacific Coast, is 1,200 miles long, and is one of the most pristine and
breathtaking trails in the world.
This carefully chosen path runs through the Rocky Mountains, Selkirk
Mountains, Pasayten Wilderness, North Cascades, Olympic Mountains, and
Wilderness Coast.
From beginning to end it passes through three states. It crosses
three National Parks. And it winds through seven National Forests.
Finally, this trail will receive the designation is deserves.
This package also includes my Wildland Firefighter Safety
legislation.
Wildland firefighting and the safety of wildland firefighters is
vitally important to our brave men and women who battle these blazes,
and for the communities that depend on them. This legislation will
improve accountability and transparency in wildland firefighter safety
training programs.
Through training and certification we can lower the risk to the brave
men and women who protect our forests and communities. It's critical
that Congress is actively engaged to make sure this happens.
[[Page 8544]]
I would also like to mention the three provisions in this package
aimed and conserving and protecting our nation's oceans and the
communities that depend on them.
This is particularly important in these days of economic turmoil, as
millions of Americans depend directly and indirectly on healthy oceans
and coasts.
Also, as our climate changes, we must work to address some of the
issues that have the potential to affect millions of jobs.
That is why I was thankful that Majority Leader Reid included several
provisions in this package that address our oceans.
I am particularly thrilled about the Federal Ocean Acidification
Research and Monitoring Act.
The world's oceans are absorbing roughly 22 million tons of carbon
dioxide every day, causing seawater chemistry to become more acidic
possibly withholding the basic chemical building blocks needed by many
marine organisms.
This act creates a comprehensive national ocean acidification
research and monitoring program that will take a hard look at the
devastating impacts greenhouse gas emissions are having on our oceans.
All of this could not have been accomplished without the strong
support and hard work and dedication of the majority leader and I thank
the leader for successfully moving these priorities.
Today is a proud day for Congress, for Washington State, for our
world's ocean and marine environments, and for some of the most
breathtaking views and important legacies this Nation has to offer.
Because the steps we have taken in this package will protect our
lands, our coastal areas, and our first responders.
____________________
UNNECESARY KILLING OF BABY SEALS
Mr. LEVIN. Mr. President, yesterday Senator Collins and I submitted
Senate Resolution 84, urging the Government of Canada to end the
senseless and inhumane slaughter of seals off the east coast of Canada.
To reiterate, on March 18, 2009, just weeks before its hunting season
was scheduled to begin, Russia announced that it would ban the hunting
and killing of baby seals. Youri Trutnev, Russia's Minister of Natural
Resources, who was quoted in the New York Times last week, graphically
depicted the shameful practice, saying: ``The bloody sight of the
hunting of seals, the slaughter of these defenseless animals, which you
cannot even call a real hunt, is banned in our country, just as well as
in most developed countries.''
In addition, the Internal Markets and Consumer Protection Committee,
IMCO, of the European Parliament approved a prohibition on trade in
seal products in the European Union. This measure may now be considered
by the full European Parliament in the coming months.
Yet, in Canada, the largest commercial slaughter of marine mammals in
the world continues. According to the Humane Society of the United
States, HSUS, over one million seals have been killed over the past 4
years. In Canada, seal pups as young as 12 days old can legally be
killed. The vast majority of seals killed in these hunts are between 12
days and 12 weeks of age.
Canada has officially opened another seal hunting season, paving the
way for hundreds of thousands of baby seals to be killed for their fur
in the coming weeks, when the harp seal hunt begins in earnest. I am
pleased to have been joined by Senator Collins in submitting this
resolution that urges the Government of Canada to end this senseless
and inhumane slaughter.
The U.S. Government has opposed this senseless slaughter, as noted in
the January 19, 2005, letter from the U.S. Department of State, in
response to a letter Senator Collins and I wrote to President Bush,
urging him to raise this issue during his November 30, 2004, visit with
Canadian Prime Minister Paul Martin. The letter reads, in part, as
follows: ``The United States has made known to the Government of Canada
its objections and the objections of concerned American legislators and
citizens to the Canadian commercial seal hunt on numerous occasions
over recent years. The United States has also opposed Canada's efforts
within the Arctic Council to promote trade in sealskins and other
marine mammal products.''
Mr. President, I ask unanimous consent the New York Times article of
March 19, 2009, entitled ``Russia to Ban Hunting Baby Seals'' be
printed in the Record, as follows:
There being no objection, the letter was ordered to be printed in the
Record, as follows:
Russia To Ban Hunting of Baby Seals
(By A.G. Sulzberger, Mar. 19, 2009)
Russia announced on Wednesday that it would ban the hunting
of baby seals, effectively shutting one of the world's
largest hunting grounds in the controversial trade in seal
fur.
The decision is yet another blow to an age-old industry
that has been losing a public relations battle in recent
years to animal-rights groups, who have gained public support
by using stark photographs of harp seal pups less than a
month old being clubbed to death on blood-stained ice flows.
In addition, the European Union is considering a ban of all
seal products--similar to one that the United States adopted
decades ago--which would eliminate a key trade route and end
market for the furs. And even in Canada, where the world's
largest seal hunt is scheduled to begin later this month and
top leaders vigorously defend the industry, a legislator for
the first time introduced a proposal to curtail sealing.
``It's highly significant,'' Rebecca Aldworth, director of
Humane Society International in Canada, said of the political
developments. ``It shows that world opinion is moving away
from commercial seal hunting. There's hope on the horizon
that this may be the last year that we ever have to witness
this cruelty.''
In Russia, where the number of new pups has dropped sharply
in recent years because of the hunts as well as shrinking ice
in the White Sea, the government initially announced a ban on
the killing of the very youngest and most highly prized
seals, known as ``whitecoats.'' The seals shed the white fur
in about two weeks, with the resulting silver coat also
coveted.
But the government announced in unsparing language that it
intended to extend the ban to include all seals less than a
year old. (While adult seals are also hunted in smaller
quantities, their coarse, scarred fur is generally not used
in clothing.) The move, publicly backed by Prime Minister
Vladimir V. Putin and coming just weeks before the hunting
season was to begin, could save as many as 35,000 seals,
according to a spokesman for the International Fund for
Animal Welfare.
The Associated Press quoted the natural resources minister,
Yuri Trutnev, as saying in a statement: ``The bloody sight of
the hunting of seals, the slaughter of these defenseless
animals, which you cannot even call a real hunt, is banned in
our country, just as well as in most developed countries, and
this is a serious step to protect the biodiversity of the
Russian Federation.''
Masha Vorontsova, the head of the International Fund for
Animal Welfare in Russia and a biologist who has been pushing
for a ban since the fall of the Soviet Union, credited an
outpouring of public support for ending the hunt. ``It's a
fantastic achievement,'' she said.
In contrast, Gail Shea, Canada's Minister of Fisheries and
Oceans, did little to disguise her frustration at moves
taking aim at the industry both abroad and at home, which she
attributed to ``mistruths and propaganda'' spread by special
interest groups. ``For some reason the European Union will
not recognize what the actual facts are because it's an
emotional issue and a political issue,'' she said in an
interview.
Ms. Shea, who earlier flew to Europe to lobby against a
European Union ban, warned that such a move could violate
international trade law. An industry spokesman said that
nearly all Canadian seal products passed through Europe on
their way to major consumers like Norway, Russia and China.
It is unclear whether Russia will also ban the import and
sale of seal products.
Commercial sealing also takes place in a handful of other
counties, including Norway, Greenland and Namibia. In Canada,
last year's catch of 207,000 seals--or roughly one in every
five pups born that year--earned the roughly 6,000 licensed
sealers a total of $7 million, down from $33 million in 2006,
according to Phil Jenkins, a spokesman for the Canadian
fisheries department. The hunting decreased, he said, largely
because of a sharp drop in prices for the pelts, from $97 to
$33, for a perfect specimen. Seals are killed by rifle or by
club.
The harp seal population level has held steady at about 5.6
million for the last decade, he said, but anti-sealing groups
contest that figure.
However, the Canadian industry came under rare official
scrutiny last week, when Mac Harb, a senator from Ontario,
introduced the legislation to cancel the coming
[[Page 8545]]
hunt. He argued that the industry was dying, propped up by
public tax dollars and costing Canada international good
will. But his proposal died when Mr. Harb could not get
another member to second his motion.
``There was silence. Total silence!'' he said in a
telephone interview on Wednesday. ``I was amazed that not one
of my colleagues, from any one of the political parties,
would even want to debate the issue.''
____________________
IDAHOANS SPEAK OUT ON HIGH ENERGY PRICES
Mr. CRAPO. Mr. President, in mid-June, I asked Idahoans to share with
me how high energy prices are affecting their lives, and they responded
by the hundreds. The stories, numbering well over 1,200, are
heartbreaking and touching. While energy prices have dropped in recent
weeks, the concerns expressed remain very relevant. To respect the
efforts of those who took the opportunity to share their thoughts, I am
submitting every e-mail sent to me through an address set up
specifically for this purpose to the Congressional Record. This is not
an issue that will be easily resolved, but it is one that deserves
immediate and serious attention, and Idahoans deserve to be heard.
Their stories not only detail their struggles to meet everyday
expenses, but also have suggestions and recommendations as to what
Congress can do now to tackle this problem and find solutions that last
beyond today. I ask unanimous consent to have today's letters printed
in the Record.
There being no objection, the material was ordered to be printed in
the Record, as follows:
I am a Meridian resident, who works in Boise, an 8-mile
commute for me. I own a 2003 Dodge Dakota, and it was my
commuter vehicle until a couple months back. It has a fuel
capacity of 23 gallons. Before I stopped driving my truck, it
was costing me about $160 per month in gas . . . just for me
to get to and from work--8 miles away. That is before gas
went over $4/gallon. The reason I do not have to drive my
truck anymore, is because my wife got a new job in Boise, a
mile from my workplace, and we are now able to carpool
together in her car, a 2003 Mazda 6. Previously, she worked
in Meridian, just a couple miles from our home. My wife hates
driving the truck, which is why I drove it, instead of her.
Since my wife got her new job nearly two months ago, my
truck has just sat in the garage. I filled it up 6-8 weeks
ago--and it still has the same full tank of gas. It hasn't
moved an inch. How can I afford to move it, when it only gets
12-16 mpg, and gas is now hovering between $4.10-$4.15 a
gallon? If I was still driving my truck to work, it would now
be costing about $200 a month just to commute back and forth
to work. Ridiculous. So my truck sits and waits for something
to cause fuel prices to go down.
Now for the possible solution I read about the other day.
SwiftFuel: I saw a blurb on it on the website, http://
slashdot.org, which had a link to a full article by Robert X.
Cringly on PBS' website. Basically, SwiftFuel is made from
ethanol, but contains no ethanol. It is currently being
tested by the FAA as a replacement fuel for the current lead
based aviation fuels, which must cease to exist in 2010. It
has a higher octane rating (about 104); has more energy per
gallon, which results in a 15-20 percent increase in fuel
efficiency; can be run on existing engines without
modification; can be stored in the same tanks and shipped in
the same pipelines as gasoline; and since it is a biomass,
has a net 0 carbon footprint on the environment. Oh, the
ethanol used to make it--it is not produced from corn. It is
produced from sorghum which produces six times more ethanol
than corn, per acre. No higher food costs from the production
of its ethanol. Currently, SwiftFuel costs about $1.80 to
produce, and we can make it right here, in the good ol' U. S.
of A.
Obviously, this is just one article, and one side. But if
most of what this article claims is true, this could be a
very viable, quick remedy to breaking our addiction to oil.
Everyone could benefit from it immediately, without having to
buy new cars, or paying for expensive modifications. I think
it deserves a very serious look from the Government, and I
hope you will encourage other lawmakers to look into it.
If it makes it to our local pumps, my Dakota can come out
of the garage and play.
Jared.
____
Thank you for all you are doing to keep energy prices,
costs, and options open.
Our family is spread all over the country because we gave
them wings to fly. Giving them independence sometimes means
higher costs for visits. When my husband and I married in
1967, the Viet Nam War was the countries overseas
involvement. Since then so many, many more overseas events
have affected our society.
Being part of a world economy is a challenge. I think our
country will be challenged beyond our wildest dreams and
people from all over the world will be meeting our
expectations of being like us. That is not all good. One of
the things is energy and high cost of traveling. Staying
close to home will be the only option for most people in our
world and probably not a bad thing.
I would hope that other energy options will finally come
out and be fully embraced by the government with incentives
and with financial responsibilities that all Americans can
understand and live with.
We will need another post World War II plan of some sort to
put people to work, give them self esteem to continue to work
things out.
With our medical crisis, overseas wars, and societal
morality issues we face a time of great challenge!
I hope that you and others in Washington will take the time
off and spend time at home and have smaller salaries so we as
Americans can have examples of sacrifice and fiscal
responsibly.
Thank you for your service to our state and our country. I
look forward to the next four years and hopefully we will
have a more responsible White House and legislative sessions!
Nancy.
____
As you have heard from many sources, the high energy costs
are providing difficult choices: food or gas, rent or gas,
mortgage or gas, utilities or gas, medicine or gas, etc. I
just read the results of a survey that indicated that 76% of
respondents say that the country is headed the wrong way.
This is not only a White House issue. This is a White House
and Congress issue. All I see reported is finger pointing;
one party blaming the other or the White House. It is time to
put aside partisan bickering and seek for bipartisan
solutions. OPEC is creating a false supply shortage due to
lack of daily production. Oil companies must share the blame.
Refineries are creating a false supply shortage by not
producing to their capacity. They post record profits but do
nothing to increase refinery capacity or build new
refineries. Oil production in the United States can and must
increase.
Conservation by the American people is a must. A change in
my driving habits has resulted in a 3 miles per gallon
increase. I drive twenty miles a day to and from work. One
road posts 65 mph. I drive 55 mph. I coast up to stop signs
where safely possible. Where safely possible, I drive 55
miles per hour instead of 65, or 65 instead of 75. One can
only imagine what would happen if every driver in America
would increase their miles per gallon by changing driving
habits.
Demand would definitely decrease which should have a
positive effect on supply. But, unfortunately, the American
people will not conserve on their own. The congress must
force conservation. During the early 1970s, America faced an
oil crisis. One of the measures the government instituted was
lowering the speed limit to 55 miles per hour. Not only did
this action reduce demand, it saved lives. This seems to be
an inexpensive option. The only cost to the government, as I
see it, is in putting up new speed limit signs.
The interesting thing to me is that the American public
have driven one billion miles less this year compared to last
year, yet the price of gas continues to rise. It makes one
wonder what kind of coalition has be created to keep supply
down and prices up in spite of the minimal conservation
efforts of the American people. Does anything the American
people say really carry any weight with our government?
I know that this is a complex problem. Some stop-gap
measures need to be put in place while long-term solutions
are reached. Now would be a good time for Congress to step up
to the plate and hit a grand slam to win the game for the
American people.
R.
____
Thank you for the opportunity to share my concern about the
rising energy costs in our country. I have a 2001 Toyota
Camry and when I first bought the car it cost between $12 and
$15 to fill the tank. Last Friday I filled it and it was
$56.03! From $15 to $56, and the news says the price of gas
is still rising!
In the past, whenever something was totally out of control
in our country, we could count on our leaders to do something
about it. Gas prices have gone up before (but never to this
extent) and then came back down? I always felt safe and
secure in the United States but now things seem to be totally
out of control. Where are our leaders/Senate? What are they
doing to help us? With the extremely high gas prices
everything else is going up, too. So much so that we all are
being forced to cut back everywhere else--even in critical
areas such as food and/or medicine. Living in Idaho does not
give me an option on not driving my car to work and I have to
work in order to survive. I do not want to quit work and be
supported by welfare, or any other assistance, simply because
I cannot get to work. I am disabled and cannot ride a bicycle
to work (which will not work in Idaho during the winter,
either).
After a horrific divorce, I struggled many, many years as a
single woman to get my feet on the ground and be self-
sufficient. It terrifies me to think that security can easily
be taken away from me
[[Page 8546]]
Where in the world did the United States ever get the
notion we could be dependent on foreign countries for energy?
That is absolutely ridiculous! We are supposed to be the
leader of the free world, not depending on other countries to
survive. We have resources on our own soil so why are we not
using them? What is happening with the reserve oil? As the
Senate, I implore you to please do something to stop the
rising gas prices and get them lowered again!
Connie, Post Falls.
____
I am a non-traditional student at BSU. I depend on grants
and loans to attend college and only work part-time as a
tutor on campus. I live relatively close to campus so I can
walk or take the bus if need be, but so far I have not had
to. The real story I wanted to share is why I am not bothered
with the rising prices of gas as much as everyone else seems
to be.
I was in the US Army from 1968 to 1972 and served in
Germany from the fall of 1968 to the spring of 1970. Gas
prices in Germany, at that time, after converting from the
old Mark to US dollars, were about $3.65 a gallon. We have
been very fortunate to have cheap prices for as long as we
have. Now it is our turn to pay up.
I would say to Congress: Shame on you for not allowing the
drilling of more oil reserves in those areas of our country
that have it, for you are keeping us dependent upon OPEC and
keep us at the mercy of their pocket book needs. I also would
ask Congress to seriously consider tholium research to
replace uranium in our reactors, for it is considerably more
economical, safer for the environment and would go a long way
to promote anti-proliferation by terrorists.
Kermit.
____
My husband works in construction. The good news is: He has
had job after job out at the nuclear site west of Idaho
Falls. The bad news is: Construction workers do not get to
ride the buses. They have to drive out themselves, unless
they are lucky enough to work for a company that carpools
their men in a company truck. That is not happening right
now. Gary drives out to work every day. Even with a fuel
stipend to offset his gas purchases each week, we are going
in deeper and deeper because of the rising fuel prices. I am
sure construction companies can only afford to offset just so
much for their employees. It will cap out and we will be left
making up the difference. After all, we have to keep Gary
working. For my job, I travel the upper Snake River Valley,
making visits in the homes of adult clients with
developmental disabilities. I am required by the state
Medicaid to make these monthly visits. I drive a fairly fuel
efficient vehicle, but again, our miscellaneous expense
budget has been hacked by increases expense at the fuel pump.
I am so hoping the government will explore and implement
domestic oil production. Get these foreign countries off our
backs! They are grinding the faces of the American citizen
into the pavement. Of course, I am in favor of expanded
nuclear energy research. We here in southeast Idaho have
grown up with the nuclear site in our backyard. Incentives
for conservation may help, but do not let too much red tape
bind the effectiveness of the incentive or companies will not
feel it is worth it. I repeat, the environmentalists have had
their day and now we are suffering for it. They need to quiet
down and let business address the issues of the American
family trying to survive in the United States.
Thank you for your interest in our story.
Gary and Jana.
____
The increase in prices caused by an increase in demand is
not a valid cause for increasing the pressure put on the
environment by our society's increasing demand for high
quality energy. The price increase is a result of
capitalism--imagine that, the U.S. has promoted a change in
world economy to be more like ours and it has worked. More
demand translates to higher prices. The stock brokers are now
speculating on energy futurs.
So the solution is efficiency. Start carpooling. The demand
could be reduced if people rode together to work and school
in their current vehicles. As new vehicles are purchased,
energy efficient machines could be purchased instead of the
CAFE loop-hole SUVs that the current federal government still
subsidizes. Also the speed limit could be reduced. Yes, all
the machines on the freeways are more efficient at lower
speeds. It is just physics. Then reduce the need for energy
by reducing the demand for AC and Heating because of the
unrealistic size of homes. Start programs to subsidize
development of solar electric to AC systems in the sunbelt of
the U.S. Such a program would significantly reduce the
electric grid demand.
The answer to the impact of energy prices could be altered
immediately through conservation, not 5 years from now by
increases in exploration.
Dale, Coeur d'Alene.
____
We are writing to express our complete exasperation with
the U.S. Congress' inaction on vital energy questions or
maybe it is a not so subtle attempt to ruin our way of life.
We and our neighbors live about 70 miles from adequate
shopping and medical services. We spend about $30 for
gasoline for each round trip. Ours is a poor, rural community
where many people have to commute long distances to work and
whose budgets are being wrecked by the current cost of
gasoline and diesel fuel. Being a community of mostly self-
sufficient, hardworking people who do not have time to
publicly complain or demonstrate, we seldom have the
opportunity to be heard. We appreciate your invitation to let
us express our frustrations.
We believe that election year politics is important but
that an issue so vital as energy supplies should be something
that our representatives should agree upon. Have we reached a
point where the elite of our society are so powerful that the
pain felt by everyday citizens is of no importance when
balanced against their idealistic agendas?
I am a retired engineer with adequate retirement reserves,
and $4 a gallon gasoline will not bankrupt me. Most of my
neighbors are not so fortunate and will be strapped to ever
achieve adequate retirement finances if fuel costs and the
increased cost of products due to fuel costs are not
addressed. The ability to save is being destroyed for the
average citizen by increased fuel costs.
Again, thank you for the opportunity to state my opinions.
I hope that you will do all that is possible for you to do to
ease this burden. We are in favor of drilling for oil both in
ANWR and offshore. We are also in favor of nuclear energy. It
is the fuel of the future and again we are letting a few
loudmouthed elitists dictate policy and add to the hardships
of the people who make the country work.
Karen and Roy, Orofino.
____
I suspect that you have heard quite a few stories about how
rising energy costs have impacted Idahoans lives. I want to
tell you how mine has been changed. I work at the INL (Idaho
National Laboratory) for the CCP (Central Characterization
Project) on the ICP (Idaho Cleanup Project). I tried riding
the bus service that the site has provided for decades. At
the end of last year, the fuel prices prompted a change in
the cost of a bus pass from approx $11 a week--more than
doubling (I believe) to almost $23 a week. I no longer ride
the bus but ride with a co-worker who has been forced to
drive because it is cheaper for he and his wife who both work
on the ICP to drive than to ride the bus. He is gracious and
insists that I do not pay my share of fuel costs or the
maintenance on his car. I have filled the car's fuel tank
twice, and each time I was caught off guard by my upset wife
telling me that the lack of that money was going to cut down
on food and other things that we have necessity for in our
home. I have been very blessed by the hands of God in which
our country and state reside. My family has never gone
hungry, but I truly have to hope now that we never will. If
there can be a way to improve the value of the dollar, to
lower the price in gas (or even maintain it at the ridiculous
price that it is currently at), then myself and many other
Idahoans and Americans would be greatly appreciative. I
continue to support those who are making wise decisions for
the people of the United States, and continue to pray to God
that he will preserve me and my family from harder times.
Stephan.
____
My husband and I both are retired. We recently bought a
Silverado pick-up in February, almost $32,000. Do you think
we would have bought that had we seen the gas crisis coming?
Heavens no! We were going to buy a travel trailer for it to
hitch and explore our nation. That thought is completely
gone. We have six children, three of whom are married with
children, with double incomes to make ends meet. Now, that is
all we can do--make ends meet. We are all surviving and,
thank God, we are a resourceful nation. We bought a 32 mpg
Chevy, and one son bought a motorcycle to commute to work,
but we just do not go shopping. We are all making it, but
groceries and gasoline seem to be taking our checks. I am
worried about the other businesses of our nation who have
depended a bit on our incomes. What about them? Start
drilling! We are worth more than what we are being handed by
the radical environmentalists. God is the one who selects
plants and animals for extinction, not us. If he chooses,
they could be gone tomorrow no matter what we do. Start
drilling!
Val.
____________________
ADDITIONAL STATEMENTS
______
HONORING HARTLEY'S CHRYSLER DODGE JEEP GMC
Ms. SNOWE. Mr. President, as we heard in testimony before the
Senate Committee on Small Business and Entrepreneurship last week, auto
dealerships are struggling to sell cars in this difficult economy. One
of our witnesses remarked that in a healthy economy, auto sales make up
approximately 20
[[Page 8547]]
percent of our country's retail spending. Clearly, a healthy automobile
industry is critical to our economic success. I rise this week to
recognize Hartley Chrysler Dodge Jeep GMC, an outstanding auto
dealership from my home State of Maine that has remained true to its
longstanding commitment to serving its customers and its community,
regardless of economic conditions.
Located in the central Maine town of Newport, Hartley's Chrysler
Dodge Jeep GMC is a second-generation family-owned small business.
Hartley's opened its doors in 1946, when Perley Hartley began selling
used vehicles from a filling station in the neighboring town of
Corinna. In 1960, the dealership started selling new cars, adding
Chrysler and Plymouth as its first automobile lines.
A year after graduating from Eastern Maine Community College in the
early 1970s, Steven H. Hartley, now the company's president, went to
work for his father in the sales department at Hartley Motors in the
town of Dexter. He eventually bought the original dealership from his
uncle Perley and took over operations in 1983, when he moved the
business to its current location in Newport. Since then, Steven Hartley
has ensured that the dealership is profitable every year. For the
company's dedicated work, Hartley's received Daimler/Chrysler's five-
star elite dealership status in 2005, an honor held by only two
dealerships across Maine.
Mr. Hartley donates his time to promoting the well-being of the
entire auto dealer industry throughout Maine and New England. He is a
former director of the New England Chrysler Ad Association, and
presently serves as a director on the New England Dodge Ad Association.
Mr. Hartley also contributes his time and talents as a Director at the
Maine Auto Dealers, and a trustee for the Maine Auto Dealers health and
insurance trust.
In addition to his business and professional accomplishments, Steven
Hartley is a Master Mason and a member of the Shriners. Additionally,
Mr. Hartley has served for 20 years as a volunteer firefighter for the
Corinna Fire Department, even attaining the rank of department chief.
Late last year, he was one of just 49 automobile dealers out of more
than 19,500 nationwide that were nominated for the TIME Magazine Dealer
of the Year award. Through this nomination, he garnered national
recognition at the National Automobile Dealers Association Convention
and Exposition in January, where he was honored by TIME and the
Goodyear Tire and Rubber Company for his honorable community
contributions and his service to the auto dealer industry.
Driving his dealership to a whole new level of success, Steven
Hartley has led Hartley's Chrysler Dodge Jeep GMC to the top of the
industry and the forefront of the community. Entrepreneurs like Mr.
Hartley are striving to ensure that our Nation's auto dealerships are
here to stay, and we owe them a debt of gratitude. Congratulations to
Steven H. Hartley on his most recent accolades, and I wish everyone at
Hartley's Chrysler Dodge Jeep GMC a prosperous year.
____________________
MESSAGES FROM THE PRESIDENT
Messages from the President of the United States were communicated to
the Senate by Mr. Williams, one of his secretaries.
____________________
EXECUTIVE MESSAGES REFERRED
As in executive session the Presiding Officer laid before the Senate
messages from the President of the United States submitting sundry
nominations which were referred to the appropriate committees.
(The nominations received today are printed at the end of the Senate
proceedings.)
____________________
EXECUTIVE AND OTHER COMMUNICATIONS
The following communications were laid before the Senate, together
with accompanying papers, reports, and documents, and were referred as
indicated:
EC-1089. A communication from the Acting Administrator,
Rural Utilities Service, Department of Agriculture,
transmitting, pursuant to law, the report of a rule entitled
``General Policies, Types of Loans, Loan Requirements--
Telecommunications'' (RIN0572-AC13) received in the Office of
the President of the Senate on March 20, 2009; to the
Committee on Agriculture, Nutrition, and Forestry.
EC-1090. A communication from the Director, Regulatory
Management Division, Environmental Protection Agency,
transmitting, pursuant to law, the report of a rule entitled
``Castor Oil, Ethoxylated, Oleate; Tolerance Exemption''
(FRL-8399-8) received in the Office of the President of the
Senate on March 20, 2009; to the Committee on Agriculture,
Nutrition, and Forestry.
EC-1091. A communication from the Director, Regulatory
Management Division, Environmental Protection Agency,
transmitting, pursuant to law, the report of a rule entitled
``Dinotefuran; Pesticide Tolerances for Emergency
Exemptions'' (FRL-8401-5) received in the Office of the
President of the Senate on March 20, 2009; to the Committee
on Agriculture, Nutrition, and Forestry.
EC-1092. A communication from the Director, Regulatory
Management Division, Environmental Protection Agency,
transmitting, pursuant to law, the report of a rule entitled
``Fenpropathrin; Pesticide Tolerances'' (FRL-8400-8) received
in the Office of the President of the Senate on March 20,
2009; to the Committee on Agriculture, Nutrition, and
Forestry.
EC-1093. A communication from the Director, Regulatory
Management Division, Environmental Protection Agency,
transmitting, pursuant to law, the report of a rule entitled
``Propiconazole; Pesticide Tolerances'' (FRL-8403-7) received
in the Office of the President of the Senate on March 20,
2009; to the Committee on Agriculture, Nutrition, and
Forestry.
EC-1094. A communication from the Director, Regulatory
Management Division, Environmental Protection Agency,
transmitting, pursuant to law, the report of a rule entitled
``Thymol; Exemption From the Requirement of a Tolerance''
(FRL-8404-4) received in the Office of the President of the
Senate on March 20, 2009; to the Committee on Agriculture,
Nutrition, and Forestry.
EC-1095. A communication from the Director, Regulatory
Management Division, Environmental Protection Agency,
transmitting, pursuant to law, the report of a rule entitled
``Triethanolamine; Exemption From the Requirement of a
Tolerance'' (FRL-8404-1) received in the Office of the
President of the Senate on March 20, 2009; to the Committee
on Agriculture, Nutrition, and Forestry.
EC-1096. A communication from the Director, Regulatory
Management Division, Environmental Protection Agency,
transmitting, pursuant to law, the report of a rule entitled
``Tristyrylphenol Ethoxylates (CAS Reg. No. 70559-25-0) and
(CAS Reg. No. 99734-09-5); Exemption From the Requirement of
a Tolerance'' (FRL-8404-7) received in the Office of the
President of the Senate on March 20, 2009; to the Committee
on Agriculture, Nutrition, and Forestry.
EC-1097. A communication from the Congressional Review
Coordinator, Animal and Plant Health Inspection Service,
Department of Agriculture, transmitting, pursuant to law, the
report of a rule entitled ``Tuberculosis in Cattle and Bison;
State and Zone Designations; New Mexico'' (Docket No. APHIS-
2008-0124) received in the Office of the President of the
Senate on March 23, 2009; to the Committee on Agriculture,
Nutrition, and Forestry.
EC-1098. A communication from the Acting Under Secretary of
Defense (Personnel and Readiness), transmitting, pursuant to
law, a report relative to demonstration project notices,
amendments, and changes requested by the Science and
Technology Reinvention Laboratories during calendar year
2008; to the Committee on Armed Services.
EC-1099. A communication from the Vice Chair and First Vice
President, Export-Import Bank of the United States,
transmitting, pursuant to law, a report relative to
transactions involving U.S. exports to the United Arab
Emirates; to the Committee on Banking, Housing, and Urban
Affairs.
EC-1100. A communication from the General Counsel, National
Credit Union Administration, transmitting, pursuant to law,
the report of a rule entitled ``Accuracy of Advertising and
Notice of Insured Status'' (RIN3133-AD52) received in the
Office of the President of the Senate on March 24, 2009; to
the Committee on Banking, Housing, and Urban Affairs.
EC-1101. A communication from the Deputy General Counsel
for Operations, Department of Housing and Urban Development,
transmitting, pursuant to law, the report of a nomination in
the position of Deputy Secretary; to the Committee on
Banking, Housing, and Urban Affairs.
EC-1102. A communication from the Acting Assistant
Administrator for Fisheries, National Marine Fisheries
Service, Department of Commerce, transmitting, pursuant to
law, the report of a rule entitled ``Fisheries Off West Coast
States; Pacific Coast Groundfish Fishery; Amendment 15''
(RIN0648-AW08) received in the Office of the President of the
Senate on March 20, 2009; to the Committee on Commerce,
Science, and Transportation.
[[Page 8548]]
EC-1103. A communication from the Acting Assistant
Administrator for Fisheries, National Marine Fisheries
Service, Department of Commerce, transmitting, pursuant to
law, the report of a rule entitled ``Fisheries of the
Northeastern United States; Atlantic Deep-Sea Red Crab
Fishery; Emergency Rule'' (RIN0648-AX61) received in the
Office of the President of the Senate on March 20, 2009; to
the Committee on Commerce, Science, and Transportation.
EC-1104. A communication from the Acting Assistant
Administrator for Fisheries, National Marine Fisheries
Service, Department of Commerce, transmitting, pursuant to
law, the report of a rule entitled ``Magnuson-Stevens Act
Provisions; Fisheries Off West Coast States; Pacific Coast
Groundfish Fishery; 2009-2010 Biennial Specifications and
Management Measures'' (RIN0648-AX24) received in the Office
of the President of the Senate on March 20, 2009; to the
Committee on Commerce, Science, and Transportation.
EC-1105. A communication from the Acting Director of the
Office of Sustainable Fisheries, National Marine Fisheries
Service, Department of Commerce, transmitting, pursuant to
law, the report of a rule entitled ``Magnuson-Stevens Fishery
Conservation and Management Act Provisions; Fisheries of the
Northeastern United States; Northeast Multispecies Fishery;
Reduction of the Landing Limit for Eastern Georges Bank Cod
in the U.S./Canada Management Area'' (RIN0648-XN46) received
in the Office of the President of the Senate on March 20,
2009; to the Committee on Commerce, Science, and
Transportation.
EC-1106. A communication from the Acting Director of the
Office of Sustainable Fisheries, National Marine Fisheries
Service, Department of Commerce, transmitting, pursuant to
law, the report of a rule entitled ``Fisheries of the
Northeastern United States; Summer Flounder Fishery; Quota
Transfer'' (RIN0648-XN33) received in the Office of the
President of the Senate on March 20, 2009; to the Committee
on Commerce, Science, and Transportation.
EC-1107. A communication from the Acting Director of the
Office of Sustainable Fisheries, National Marine Fisheries
Service, Department of Commerce, transmitting, pursuant to
law, the report of a rule entitled ``Fisheries of the
Exclusive Economic Zone Off Alaska; Reallocation of Pacific
Cod in the Bering Sea and Aleutian Islands Management Area''
(RIN0648-XN69) received in the Office of the President of the
Senate on March 20, 2009; to the Committee on Commerce,
Science, and Transportation.
EC-1108. A communication from the Acting Director of the
Office of Sustainable Fisheries, National Marine Fisheries
Service, Department of Commerce, transmitting, pursuant to
law, the report of a rule entitled ``Fisheries of the
Exclusive Economic Zone Off Alaska; Pollock in Statistical
Area 630 of the Gulf of Alaska'' (RIN0648-XN53) received in
the Office of the President of the Senate on March 20, 2009;
to the Committee on Commerce, Science, and Transportation.
EC-1109. A communication from the Acting Director of the
Office of Sustainable Fisheries, National Marine Fisheries
Service, Department of Commerce, transmitting, pursuant to
law, the report of a rule entitled ``Fisheries of the
Caribbean, Gulf of Mexico, and South Atlantic; Coastal
Migratory Pelagic Resources of the Gulf of Mexico and South
Atlantic; Closure'' (RIN0648-XN55) received in the Office of
the President of the Senate on March 20, 2009; to the
Committee on Commerce, Science, and Transportation.
EC-1110. A communication from the Chief of Staff, Media
Bureau, Federal Communications Commission, transmitting,
pursuant to law, the report of a rule entitled
``Implementation of the DTV Delay Act'' (MB Docket No. 09-17)
received in the Office of the President of the Senate on
March 20, 2009; to the Committee on Commerce, Science, and
Transportation.
EC-1111. A communication from the Chief of Staff, Media
Bureau, Federal Communications Commission, transmitting,
pursuant to law, the report of a rule entitled
``Reexamination of the Comparative Standards for
Noncommercial Educational Applicants'' (MM Docket No. 95-31)
received in the Office of the President of the Senate on
March 20, 2009; to the Committee on Commerce, Science, and
Transportation.
EC-1112. A communication from the Senior Legal Advisor,
Public Safety and Homeland Security Bureau, Federal
Communications Commission, transmitting, pursuant to law, the
report of a rule entitled ``Improving Public Safety
Communications in the 800 MHz Band; New 800 MHz Band Plan for
U.S.-Canada Border Regions'' (WT Docket No. 02-55) received
in the Office of the President of the Senate on March 23,
2009; to the Committee on Commerce, Science, and
Transportation.
EC-1113. A communication from the Acting Director of the
Office of Policy, Import Administration, International Trade
Administration, Department of Commerce, transmitting,
pursuant to law, the report of a rule entitled ``Steel Import
Monitoring and Analysis'' (RIN0625-AA82) received in the
Office of the President of the Senate on March 23, 2009; to
the Committee on Commerce, Science, and Transportation.
EC-1114. A communication from the Secretary of the Federal
Trade Commission, transmitting, pursuant to law, the report
of a rule entitled ``Rules and Regulations Under the Textile
Fiber Products Identification Act'' (16 CFR Part 303)
received in the Office of the President of the Senate on
March 23, 2009; to the Committee on Commerce, Science, and
Transportation.
EC-1115. A communication from the Director, Office of
Congressional Affairs, Nuclear Regulatory Commission,
transmitting, pursuant to law, the report of a rule entitled
``Implementation of a Dose Standard After 10,000 Years''
(RIN3150-AH68) received in the Office of the President of the
Senate on March 20, 2009; to the Committee on Energy and
Natural Resources.
EC-1116. A communication from the Director, Office of
Surface Mining Reclamation and Enforcement, Department of the
Interior, transmitting, pursuant to law, the report of a rule
entitled ``Pennsylvania Regulatory Program'' ((SATS No. PA-
152-FOR)(Docket No. OSM-2008-0019)) received in the Office of
the President of the Senate on March 20, 2009; to the
Committee on Energy and Natural Resources.
EC-1117. A communication from the Attorney of the Office of
Assistant General Counsel for Legislation and Regulatory Law,
Office of Energy Efficiency and Renewable Energy, Department
of Energy, transmitting, pursuant to law, the report of a
rule entitled ``Energy Conservation Standards for Certain
Consumer Products and Commercial and Industrial Equipment''
(RIN1904-AB74) received in the Office of the President of the
Senate on March 23, 2009; to the Committee on Energy and
Natural Resources.
EC-1118. A communication from the Attorney of the Office of
Assistant General Counsel for Legislation and Regulatory Law,
Office of Energy Efficiency and Renewable Energy, Department
of Energy, transmitting, pursuant to law, the report of a
rule entitled ``Procedural Rules for DOE Nuclear Activities''
(RIN1990-AA30) received in the Office of the President of the
Senate on March 23, 2009; to the Committee on Energy and
Natural Resources.
EC-1119. A communication from the Acting Chairman of the
Federal Energy Regulatory Commission, transmitting, pursuant
to law, the Commission's annual report for fiscal year 2008;
to the Committee on Energy and Natural Resources.
EC-1120. A communication from the Director, Regulatory
Management Division, Environmental Protection Agency,
transmitting, pursuant to law, the report of a rule entitled
``Hazardous Chemical Reporting; Tier II Inventory
Information'' (FRL-8785-3) received in the Office of the
President of the Senate on March 20, 2009; to the Committee
on Environment and Public Works.
EC-1121. A communication from the Director, Regulatory
Management Division, Environmental Protection Agency,
transmitting, pursuant to law, the report of a rule entitled
``Approval and Promulgation of Air Quality Implementation
Plans: Kentucky; Approval Section 110(a)(1) Maintenance Plans
for the 1997 8-hour ozone standard for the Huntington-Ashland
Area, Lexington Area and Edmonson County'' (FRL-8781-5)
received in the Office of the President of the Senate on
March 24, 2009; to the Committee on Environment and Public
Works.
EC-1122. A communication from the Director, Regulatory
Management Division, Environmental Protection Agency,
transmitting, pursuant to law, the report of a rule entitled
``Approval and Promulgation of Air Quality Implementation
Plan; Maryland; Reasonably Available Control Technology
Requirements for Volatile Organic Compounds'' (FRL-8780-2)
received in the Office of the President of the Senate on
March 24, 2009; to the Committee on Environment and Public
Works.
EC-1123. A communication from the Director, Regulatory
Management Division, Environmental Protection Agency,
transmitting, pursuant to law, the report of a rule entitled
``Approval and Promulgation of Air Quality Implementation
Plans; Virginia; Volatile Organic Compound Reasonably
Available Control Technology for Reynolds Consumer Products
Company'' (FRL-8779-8) received in the Office of the
President of the Senate on March 24, 2009; to the Committee
on Environment and Public Works.
EC-1124. A communication from the Director, Regulatory
Management Division, Environmental Protection Agency,
transmitting, pursuant to law, the report of a rule entitled
``Approval and Promulgation of Air Quality Implementation
Plans; West Virginia; Amendments to the Control of Air
Pollution from Combustion of Refuse'' (FRL-8782-2) received
in the Office of the President of the Senate on March 24,
2009; to the Committee on Environment and Public Works.
EC-1125. A communication from the Director, Regulatory
Management Division, Environmental Protection Agency,
transmitting, pursuant to law, the report of a rule entitled
``Approval and Promulgation of Implementation Plans;
Revisions to the Alabama State Implementation Plan;
Birmingham and Jackson Counties'' (FRL-8781-7) received in
the Office of the President of the Senate on March 24, 2009;
to the Committee on Environment and Public Works.
EC-1126. A communication from the Director, Regulatory
Management Division, Environmental Protection Agency,
transmitting, pursuant to law, the report of a rule entitled
[[Page 8549]]
``Approval and Promulgation of State Air Quality Plans for
Designated Facilities and Pollutants; Control of Emissions
From Existing Other Solid Waste Incinerator Units; Arizona;
Pima County Department of Environmental Quality'' (FRL-8781-
2) received in the Office of the President of the Senate on
March 24, 2009; to the Committee on Environment and Public
Works.
EC-1127. A communication from the Director, Regulatory
Management Division, Environmental Protection Agency,
transmitting, pursuant to law, the report of a rule entitled
``Delegation of National Emission Standards for Hazardous Air
Pollutants for Source Categories; State of California; Amador
County Air Pollution Control District, San Diego County Air
Pollution Control District'' (FRL-8783-7) received in the
Office of the President of the Senate on March 24, 2009; to
the Committee on Environment and Public Works.
EC-1128. A communication from the Director, Regulatory
Management Division, Environmental Protection Agency,
transmitting, pursuant to law, the report of a rule entitled
``New Mexico: Final Authorization of State Hazardous Waste
Management'' (FRL-8784-9) received in the Office of the
President of the Senate on March 24, 2009; to the Committee
on Environment and Public Works.
EC-1129. A communication from the Program Manager,
Administration for Children and Families, Department of
Health and Human Services, transmitting, pursuant to law, the
report of a rule entitled ``State Parent Locator Service;
Safeguarding Child Support Information'' (RIN0970-AC01)
received in the Office of the President of the Senate on
March 23, 2009; to the Committee on Finance.
EC-1130. A communication from the Chief of the Publications
and Regulations Branch, Internal Revenue Service, Department
of the Treasury, transmitting, pursuant to law, the report of
a rule entitled ``Asset Valuation under Section 430(g)(3)(B)
as amended by WRERA'' (Notice 2009-22) received in the Office
of the President of the Senate on March 20, 2009; to the
Committee on Finance.
EC-1131. A communication from the Chief of the Publications
and Regulations Branch, Internal Revenue Service, Department
of the Treasury, transmitting, pursuant to law, the report of
a rule entitled ``Taxation of fringe benefits'' (Rev. Rul.
2009-6) received in the Office of the President of the Senate
on March 24, 2009; to the Committee on Finance.
EC-1132. A communication from the Acting Assistant
Secretary, Bureau of Legislative Affairs, Department of
State, transmitting, pursuant to law, a report relative to
providing information on U.S. military personnel and U.S.
civilian contractors involved in the anti-narcotics campaign
in Colombia; to the Committee on Foreign Relations.
EC-1133. A communication from the Assistant Secretary,
Office of Legislative Affairs, Department of Homeland
Security, transmitting, pursuant to law, a report relative to
the Department's Other Transaction Authority; to the
Committee on Homeland Security and Governmental Affairs.
EC-1134. A communication from the District of Columbia
Auditor, transmitting, pursuant to law, a report entitled
``Implementation of Omnibus Homeland Security Act: D.C.
Government Needs to Sharpen Its Focus on Homeland Defense'';
to the Committee on Homeland Security and Governmental
Affairs.
EC-1135. A communication from the District of Columbia
Auditor, transmitting, pursuant to law, a report entitled
``Certified Capital Companies Program''; to the Committee on
Homeland Security and Governmental Affairs.
EC-1136. A communication from the Acting Senior Procurement
Executive, Office of the Chief Acquisition Officer, General
Services Administration, Department of Defense, and National
Aeronautics and Space Administration, transmitting, pursuant
to law, the report of a rule entitled ``Federal Acquisition
Regulation; Federal Acquisition Circular 2005-31'' (Docket
FAR 2009-0001, Sequence 2) received in the Office of the
President of the Senate on March 20, 2009; to the Committee
on Homeland Security and Governmental Affairs.
____________________
PETITIONS AND MEMORIALS
The following petitions and memorials were laid before the Senate and
were referred or ordered to lie on the table as indicated:
POM-13. A resolution adopted by the Senate of the Republic
of the Philippines, forwarded by the Acting Assistant
Secretary, Bureau of Legislative Affairs, Department of
State, expressing the sense of the Senate to thank the United
States Congress for the approval of the Conference Report on
the American Recovery and Reinvestment Act of 2009, which
provides the amount of one hundred ninety-eight million
dollars for the benefit of eligible Filipino veterans; to the
Committee on Appropriations.
Resolution No. 161
Whereas, then President of the United States Franklin D.
Roosevelt issued a military order on 26 July 1941, calling
into service the organized military forces of the country
under the command of General Douglas MacArthur to fight with
the American soldiers in World War II;
Whereas, President Roosevelt's military order stated that,
``As Commander-in-Chief of the Army and Navy of the United
States, I hereby call and order into service of the Armed
Forces of the United States for the period of the existing
emergency, and place under the command of a General Officer,
United States Army, to be designated by the Secretary of War
from time to time, all of the organized military forces of
the Government of the Commonwealth of the Philippines'':
Whereas, on February 20, 1946, then President Harry Truman
affirmed the status of these Filipino veterans as ``nationals
of the United States'' who ``fought, as American nationals,
under the American flag, and under the direction of our
military leaders'';
Whereas, President Truman likewise recognized that they
``fought with gallantry and courage under most difficult
conditions'';
Whereas, regrettably, on 18 February and 17 May 1946, the
First and Second Supplemental Surplus Appropriation
Rescission Acts, collectively known as the Rescission Acts of
1946, were enacted, preventing our veterans from receiving
benefits which were previously granted to them;
Whereas, our veterans have been fighting for more than six
decades for the restoration of their honor and the
recognition of their dignity as soldiers who fought with the
Americans during World War II;
Whereas, previous administrations, starting from former
President Elpidio Quirino, including Philippine Ambassadors
to the United States, have continuously exerted collective
efforts for the realization of this goal;
Whereas, on June 2007, members of the United States
Congress expressed their support for the passage of a
legislative measure reversing, the ill effects the Rescission
Acts of 1946 and granting pension benefits to our veterans
then pending in the US Congress;
Whereas, these legislators, however, intimated their
concern that upon the passage of this US bill, the benefits
currently granted to our veterans would be revoked, as
provided under RA 6948, amended by RA 7696;
Whereas, to address this concern and to grant full benefits
to our veterans which they rightfully deserve, Republic Act
No. 9499, otherwise known as the Filipino World War II
Veterans Pensions and Benefits Act of 2008, was signed into
law on 9 April 2008;
Whereas, the law paved the way for the approval by the
United States Senate and House of Representatives of the
proposed American Recovery and Reinvestment Act of 2009,
otherwise known as the Economic Stimulus Bill, with the
valiant and unfaltering support of Senators Daniel K. Inouye,
Harry Reid and Daniel Kahikina Akaka, and Representatives
Robert Filner, Mike Honda and Nancy Pelosi, among other
legislators;
Whereas, on 13 February 2009, both Houses of the US
Congress approved the Conference Report on the Economic
Stimulus Bill, with 60 affirmative votes and 38 negative
votes;
Whereas, United States President Barack Obama is scheduled
to sign the Economic Stimulus Bill in Denver, Colorado, on 17
February 2009, the eve of the 63rd anniversary of the
enactment of the First Rescission Act;
Whereas, the end of the decades-long suffering of our
veterans is now within reach, for when the Economic Stimulus
Bill is enacted into law, our surviving veterans can claim up
to Fifteen Thousand Dollars (USD 15,000) in lump-sum
benefits, not as monetary compensation for their gallantry
during World War II, but as recognition of their honor for
risking life and limb for our allies and our country. Now,
therefore, be it
Resolved as it is hereby resolved by the Senate of the
Philippines, To express the sense of the Senate to commend
Senator Daniel K. Inouye and the United States Congress for
the approval of the Conference Report on the American
Recovery and Reinvestment Act of 2009, which provides the
amount of One Hundred Ninety-eight Million Dollars (USD
198,000,000) for the benefit of eligible Filipino Veterans.
____
POM-14. A resolution adopted by the Senate of the State of
New Mexico memorializing a request that Congress be urged to
hold hearings on a new management system for the Valles
Caldera National Preserve; to the Committee on Energy and
Natural Resources.
Senate Memorial No. 32
Whereas, the Valles Caldera National Preserve is one of New
Mexico's most spectacular places and important wildlife
habitats, consisting of eighty-nine thousand acres of forest,
high-mountain grassland and clear streams nestled into the
caldera of an ancient volcano; and
Whereas, hunting, fishing and outdoor recreation are
important parts of the way of life in New Mexico; and
Whereas, accessible and protected public lands benefit
local economies by offering a higher quality of life that
attracts tourism and high-wage jobs; and
Whereas, the current management experiment at the Valles
Caldera National Preserve is based on a system set up for the
Presidio, an urban area located in San Francisco, California;
and
Whereas, it has become clear that the experimental
management system for the
[[Page 8550]]
Valles Caldera National Preserve will never generate adequate
funding without developing, and thereby destroying, the
Valles Caldera itself; and
Whereas, the current experimental management system has
failed to provide adequate access to the public for
responsible use and enjoyment of the area; and
Whereas, a new management system would improve opportunity
for the public to responsibly enjoy the Valles Caldera
National Preserve, thereby benefiting all residents and
helping the local economy; and
Whereas, a new management system would expand access to
hunting, fishing and outdoor recreational opportunities for
all residents regardless of financial means; and
Whereas, a new management system would improve natural
resource management at the Valles Caldera National Preserve
and put it on more solid financial footing, ensuring that
this spectacular place can be enjoyed by present and future
generations: Now, therefore, be it
Resolved by the Senate of the State of New Mexico, That
Congress be urged to hold hearings as soon as possible on the
establishment of a new management system for the Valles
Caldera National Preserve, in which the United States Forest
Service, the National Park Service or the United States Fish
and Wildlife Service provide management to improve
responsible public access, expand hunting, fishing and
outdoor recreational opportunities for the public and place
the Valles Caldera National Preserve on firm financial
footing so that present and future generations can enjoy and
experience this spectacular place and benefits to the economy
can be fully realized; and be it further
Resolved, That copies of this memorial be transmitted to
the New Mexico Congressional Delegation and the Chief Clerks
of the United States House of Representatives and Senate for
distribution to the appropriate committees.
____________________
INTRODUCTION OF BILLS AND JOINT RESOLUTIONS
The following bills and joint resolutions were introduced, read the
first and second times by unanimous consent, and referred as indicated:
By Mrs. HUTCHISON (for herself and Mr. Cardin):
S. 689. A bill to amend the Internal Revenue Code of 1986
to clarify the treatment of church pension plans, and for
other purposes; to the Committee on Finance.
By Mr. CARDIN (for himself, Mr. Crapo, Mr. Leahy, Mr.
Lieberman, Mr. Menendez, and Mr. Nelson of Florida):
S. 690. A bill to amend the Neotropical Migratory Bird
Conservation Act to reauthorize the Act; to the Committee on
Environment and Public Works.
By Mr. BENNET (for himself and Mr. Udall of Colorado):
S. 691. A bill to direct the Secretary of Veterans Affairs
to establish a national cemetery for veterans in southern
Colorado region, and for other purposes; to the Committee on
Veterans' Affairs.
By Mr. SCHUMER:
S. 692. A bill to provide that claims of the United States
to certain documents relating to Franklin Delano Roosevelt
shall be treated as waived and relinquished in certain
circumstances; to the Committee on Homeland Security and
Governmental Affairs.
By Mr. HARKIN (for himself, Mr. Isakson, Mr. Bingaman,
and Mr. Lieberman):
S. 693. A bill to amend the Public Health Service Act to
provide grants for the training of graduate medical residents
in preventive medicine; to the Committee on Health,
Education, Labor, and Pensions.
By Mr. DODD (for himself and Mr. Hatch):
S. 694. A bill to provide assistance to Best Buddies to
support the expansion and development of mentoring programs,
and for other purposes; to the Committee on Health,
Education, Labor, and Pensions.
By Ms. SNOWE (for herself, Mr. Kohl, Ms. Stabenow, Mr.
Brown, and Mr. Lieberman):
S. 695. A bill to authorize the Secretary of Commerce to
reduce the matching requirement for participants in the
Hollings Manufacturing Partnership Program; to the Committee
on Commerce, Science, and Transportation.
By Mr. CARDIN (for himself and Mr. Alexander):
S. 696. A bill to amend the Federal Water Pollution Control
Act to include a definition of fill material; to the
Committee on Environment and Public Works.
By Mr. KENNEDY (for himself, Mr. Dodd, Mr. Harkin, Mr.
Brown, Mr. Casey, and Mr. Whitehouse):
S. 697. A bill to amend the Public Health Service Act to
help individuals with functional impairments and their
families pay for services and supports that they need to
maximize their functionality and independence and have
choices about community participation, education, and
employment, and for other purposes; to the Committee on
Finance.
By Mr. FEINGOLD (for himself, Mr. Graham, and Ms.
Collins):
S. 698. A bill to ensure the provision of high-quality
health care coverage for uninsured individuals through State
health care coverage pilot projects that expand coverage and
access and improve quality and efficiency in the health care
system; to the Committee on Health, Education, Labor, and
Pensions.
By Mr. CORNYN (for himself and Mrs. Hutchison):
S. 699. A bill to provide for the construction by the
Secretary of Veterans Affairs of a full service hospital in
Far South Texas; to the Committee on Veterans' Affairs.
By Mr. BINGAMAN (for himself, Mr. Brown, and Ms.
Collins):
S. 700. A bill to amend title II of the Social Security Act
to phase out the 24-month waiting period for disabled
individuals to become eligible for Medicare benefits, to
eliminate the waiting period for individuals with life-
threatening conditions, and for other purposes; to the
Committee on Finance.
By Mr. KERRY (for himself, Mr. Alexander, Mr. Wyden,
Mr. Whitehouse, and Mr. Brownback):
S. 701. A bill to amend title XVIII of the Social Security
Act to improve access of Medicare beneficiaries to
intravenous immune globulins (IVIG); to the Committee on
Finance.
By Mr. GRASSLEY (for himself, Mrs. Lincoln, Ms. Snowe,
Mr. Ensign, Ms. Collins, Ms. Klobuchar, and Mr.
Graham):
S. 702. A bill to amend the Internal Revenue Code of 1986
to allow long-term care insurance to be offered under
cafeteria plans and flexible spending arrangements and to
provide additional consumer protections for long-term care
insurance; to the Committee on Finance.
By Mr. SANDERS:
S. 703. A bill to provide for health care for every
American and to control the cost and enhance the quality of
the health care system; to the Committee on Finance.
By Mr. HARKIN (for himself and Mr. Burr):
S. 704. A bill to direct the Comptroller General of the
United States to conduct a study on the use of Civil Air
Patrol personnel and resources to support homeland security
missions, and for other purposes; to the Committee on
Homeland Security and Governmental Affairs.
By Mr. KERRY (for himself, Mr. Lugar, Mr. Kaufman, and
Mr. Menendez):
S. 705. A bill to reauthorize the programs of the Overseas
Private Investment Corporation, and for other purposes; to
the Committee on Foreign Relations.
By Mr. MENENDEZ:
S. 706. A bill to increase housing, awareness, and
navigation demonstration services (HANDS) for individuals
with autism spectrum disorders; to the Committee on Health,
Education, Labor, and Pensions.
By Mr. AKAKA (for himself and Mr. Voinovich):
S. 707. A bill to enhance the Federal Telework Program; to
the Committee on Homeland Security and Governmental Affairs.
By Mr. AKAKA (for himself, Mr. Inouye, Ms. Murkowski,
and Mr. Begich):
S. 708. A bill to express the policy of the United States
regarding the United States relationship with Native
Hawaiians, to provide a process for the reorganization of a
Native Hawaiian government and the recognition by the United
States of the Native Hawaiian government, and for other
purposes; to the Committee on Indian Affairs.
By Mrs. FEINSTEIN (for herself and Mrs. Boxer):
S. 709. A bill to better provide for compensation for
certain persons injured in the course of employment at the
Santa Susana Field Laboratory in California; to the Committee
on Health, Education, Labor, and Pensions.
By Mr. SCHUMER (for himself and Mr. Udall of Colorado):
S. 710. A bill to prohibit unfair or deceptive acts or
practices relating to gift certificates, store gift cards,
and other general-use prepaid cards, and for other purposes;
to the Committee on Banking, Housing, and Urban Affairs.
By Mr. BAUCUS:
S. 711. A bill to require mental health screenings for
members of the Armed Forces who are deployed in connection
with a contingency operation, and for other purposes; to the
Committee on Armed Services.
____________________
SUBMISSION OF CONCURRENT AND SENATE RESOLUTIONS
The following concurrent resolutions and Senate resolutions were
read, and referred (or acted upon), as indicated:
By Mr. TESTER (for himself and Mr. Baucus):
S. Res. 85. A resolution congratulating the Rocky Mountain
College Battlin' Bears for winning the 2009 National
Association of Intercollegiate Athletics Men's Basketball
National Championship; to the Committee on the Judiciary.
____________________
ADDITIONAL COSPONSORS
S. 277
At the request of Mr. Kaufman, his name was added as a cosponsor of
S.
[[Page 8551]]
277, a bill to amend the National and Community Service Act of 1990 to
expand and improve opportunities for service, and for other purposes.
At the request of Mr. Akaka, his name was added as a cosponsor of S.
277, supra.
S. 355
At the request of Mr. Durbin, the name of the Senator from
Connecticut (Mr. Lieberman) was added as a cosponsor of S. 355, a bill
to enhance the capacity of the United States to undertake global
development activities, and for other purposes.
S. 475
At the request of Mr. Burr, the name of the Senator from Illinois
(Mr. Burris) was added as a cosponsor of S. 475, a bill to amend the
Servicemembers Civil Relief Act to guarantee the equity of spouses of
military personnel with regard to matters of residency, and for other
purposes.
S. 476
At the request of Mrs. Boxer, the names of the Senator from Oregon
(Mr. Wyden) and the Senator from Alabama (Mr. Sessions) were added as
cosponsors of S. 476, a bill to amend title 10, United States Code, to
reduce the minimum distance of travel necessary for reimbursement of
covered beneficiaries of the military health care system for travel for
specialty health care.
S. 491
At the request of Mr. Webb, the name of the Senator from South Dakota
(Mr. Johnson) was added as a cosponsor of S. 491, a bill to amend the
Internal Revenue Code of 1986 to allow Federal civilian and military
retirees to pay health insurance premiums on a pretax basis and to
allow a deduction for TRICARE supplemental premiums.
S. 493
At the request of Mr. Casey, the name of the Senator from
Pennsylvania (Mr. Specter) was added as a cosponsor of S. 493, a bill
to amend the Internal Revenue Code of 1986 to provide for the
establishment of ABLE accounts for the care of family members with
disabilities, and for other purposes.
S. 511
At the request of Mr. Brownback, the name of the Senator from South
Dakota (Mr. Thune) was added as a cosponsor of S. 511, a bill to amend
part B of title XVIII of the Social Security Act to provide for an
exemption of pharmacies and pharmacists from certain Medicare
accreditation requirements in the same manner as such exemption applies
to certain professionals.
S. 527
At the request of Mr. Thune, the name of the Senator from Kansas (Mr.
Brownback) was added as a cosponsor of S. 527, a bill to amend the
Clean Air Act to prohibit the issuance of permits under title V of that
Act for certain emissions from agricultural production.
S. 546
At the request of Mr. Reid, the name of the Senator from Alabama (Mr.
Sessions) was added as a cosponsor of S. 546, a bill to amend title 10,
United States Code, to permit certain retired members of the uniformed
services who have a service-connected disability to receive both
disability compensation from the Department of Veterans Affairs for
their disability and either retired pay by reason of their years of
military service or Combat-Related Special Compensation.
S. 547
At the request of Mr. Bingaman, the name of the Senator from Oregon
(Mr. Merkley) was added as a cosponsor of S. 547, a bill to amend title
XIX of the Social Security Act to reduce the costs of prescription
drugs for enrollees of Medicaid managed care organizations by extending
the discounts offered under fee-for-service Medicaid to such
organizations.
S. 614
At the request of Mrs. Hutchison, the name of the Senator from
Missouri (Mr. Bond) was added as a cosponsor of S. 614, a bill to award
a Congressional Gold Medal to the Women Airforce Service Pilots
(``WASP'').
S. 622
At the request of Mrs. Feinstein, the name of the Senator from
Pennsylvania (Mr. Specter) was added as a cosponsor of S. 622, a bill
to ensure parity between the temporary duty imposed on ethanol and tax
credits provided on ethanol.
S. 631
At the request of Mr. Kohl, the name of the Senator from Georgia (Mr.
Isakson) was added as a cosponsor of S. 631, a bill to provide for
nationwide expansion of the pilot program for national and State
background checks on direct patient access employees of long-term care
facilities or providers.
S. 654
At the request of Mr. Bunning, the name of the Senator from Arkansas
(Mrs. Lincoln) was added as a cosponsor of S. 654, a bill to amend
title XIX of the Social Security Act to cover physician services
delivered by podiatric physicians to ensure access by Medicaid
beneficiaries to appropriate quality foot and ankle care.
S. 661
At the request of Mr. Bingaman, the names of the Senator from
Massachusetts (Mr. Kerry) and the Senator from New York (Mr. Schumer)
were added as cosponsors of S. 661, a bill to strengthen American
manufacturing through improved industrial energy efficiency, and for
other purposes.
S. 663
At the request of Mr. Nelson of Nebraska, the name of the Senator
from Pennsylvania (Mr. Casey) was added as a cosponsor of S. 663, a
bill to amend title 38, United States Code, to direct the Secretary of
Veterans Affairs to establish the Merchant Mariner Equity Compensation
Fund to provide benefits to certain individuals who served in the
United States merchant marine (including the Army Transport Service and
the Naval Transport Service) during World War II.
S. 671
At the request of Mrs. Lincoln, the name of the Senator from
California (Mrs. Boxer) was added as a cosponsor of S. 671, a bill to
amend title XVIII of the Social Security Act to provide for the
coverage of marriage and family therapist services and mental health
counselor services under part B of the Medicare program, and for other
purposes.
S. 676
At the request of Mr. Schumer, the names of the Senator from North
Carolina (Mr. Burr), the Senator from Georgia (Mr. Chambliss) and the
Senator from Georgia (Mr. Isakson) were added as cosponsors of S. 676,
a bill to amend the Internal Revenue Code of 1986 to modify the tax
rate for excise tax on investment income of private foundations.
AMENDMENT NO. 688
At the request of Mr. Crapo, the name of the Senator from Georgia
(Mr. Chambliss) was added as a cosponsor of amendment No. 688 proposed
to H.R. 1388, a bill to reauthorize and reform the national service
laws.
AMENDMENT NO. 691
At the request of Mr. Dorgan, the names of the Senator from South
Dakota (Mr. Johnson) and the Senator from Alaska (Mr. Begich) were
added as cosponsors of amendment No. 691 proposed to H.R. 1388, a bill
to reauthorize and reform the national service laws.
AMENDMENT NO. 692
At the request of Mr. Baucus, the names of the Senator from Maine
(Ms. Snowe) and the Senator from Massachusetts (Mr. Kerry) were added
as cosponsors of amendment No. 692 proposed to H.R. 1388, a bill to
reauthorize and reform the national service laws.
____________________
STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS
By Mr. CARDIN (for himself, Mr. Crapo, Mr. Leahy, Mr. Lieberman,
Mr. Menendez, and Mr. Nelson, of Florida):
S. 690. A bill to amend the Neotropical Migratory Bird Conservation
Act to reauthorize the Act; to the Committee on Environment and Public
Works.
Mr. CARDIN. Mr. President, today I am introducing the Neotropical
Migratory Bird Conservation Act with the support of my colleagues, Mr.
Crapo,
[[Page 8552]]
Mr. Leahy, Mr. Lieberman, Mr. Menendez, and Mr. Nelson. This bill
supports habitat protection, education, research, monitoring, and
capacity building to provide for the long-term protection of
neotropical migratory birds. It does this by providing grants to
countries in Latin America and the Caribbean for the conservation of
these birds, through a U.S. Fish and Wildlife Service competitive
matching grants program. Up to one-quarter of the annual grants can
also be used for projects in the United States. Projects include
activities that benefit bird populations, such as habitat restoration,
research and monitoring, law enforcement, and outreach and education.
Neotropical migratory birds breed in Canada and the U.S. during our
summer and spend our winters in Latin America and the Caribbean. There
are nearly 500 species of these birds, and they face a range of
threats, including development pressures, invasive species, climate
change, and avian diseases. Protecting these birds requires
international cooperation.
The NMBCA program has a proven track record of reversing habitat loss
and advancing conservation strategies for the broad range of
neotropical birds that populate the United States and the rest of the
Western hemisphere. The public-private partnerships and international
collaboration provided by this program are integral to preserving
vulnerable bird populations. Just as importantly, this Federal program
is a good value for taxpayers, leveraging over four dollars in partner
contributions for every one that we spend.
Migratory birds are not only beautiful creatures eagerly welcomed by
millions of Americans into their backyards every year; they help
generate $2.7 billion annually for the U.S. economy through wildlife
watching activities, and they help our farmers by consuming billions of
harmful insect pests. Bird watchers include over 48 million Americans,
20 million of whom take annual trips to watch birds. In 2006, 20
million American wildlife watchers spent $12.8 billion on trip-related
expenditures. Americans spend $3.3 billion each year on bird food. 16
million Americans spend $790 million each year on bird houses, nest
boxes, feeders, and baths.
The Baltimore Oriole, the state bird of my state of Maryland,
migrates in flocks to southern Mexico, Central America, and northern
South America. The Oriole has recently been threatened by destruction
of breeding habitat and tropical winter habitat, and by toxic
pesticides ingested by the insects which constitute the Oriole's main
diet. This legislation will help ensure that the broad range of
migratory birds, from the Cerulean Warbler to the Baltimore Oriole,
will have the healthy habitat they need on both ends of their annual
migration routes so they can continue to play their vital biological,
recreational, and economic roles.
Congress passed the Neotropical Migratory Bird Conservation Act of
2000 and it became public law 106-527. It authorized an annual $5
million for each of the fiscal years 2001 through 2005. Since 2002, the
U.S. has invested more than $25 million in 262 projects in 44 U.S.
states, Canada, and 33 Latin American and Caribbean countries, and
leveraged an additional $112 million in partner funds to support these
projects. The reauthorization legislation would authorize $8 million
for fiscal year 2010, gradually escalating to $20 million for fiscal
year 2015, in order to meet expanding funding needs.
Mr. President, I ask unanimous consent that the text of the bill be
printed in the Record.
There being no objection, the text of the bill was ordered to be
printed in the Record, as follows:
S. 690
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. REAUTHORIZATION OF NEOTROPICAL MIGRATORY BIRD
CONSERVATION ACT.
Section 10 of the Neotropical Migratory Bird Conservation
Act (16 U.S.C. 6109) is amended to read as follows:
``SEC. 10. AUTHORIZATION OF APPROPRIATIONS.
``(a) In General.--There are authorized to be appropriated
to carry out this Act, to remain available until expended--
``(1) $8,000,000 for fiscal year 2010;
``(2) $11,000,000 for fiscal year 2011;
``(3) $13,000,000 for fiscal year 2012;
``(4) $16,000,000 for fiscal year 2013;
``(5) $18,000,000 for fiscal year 2014; and
``(6) $20,000,000 for fiscal year 2015.
``(b) Use of Funds.--Of the amounts made available under
subsection (a) for each fiscal year, not less than 75 percent
shall be expended for projects carried out at a location
outside of the United States.''.
______
By Mr. BENNET (for himself and Mr. Udall of Colorado):
S. 691. A bill to direct the Secretary of Veterans Affairs to
establish a national cemetery for veterans in southern Colorado region,
and for other purposes; to the Committee on Veterans' Affairs.
Mr. UDALL of Colorado. Mr. President, I am proud to join today with
my colleague and fellow Coloradan Senator Michael Bennet in introducing
legislation to create a national veterans' cemetery in El Paso County,
CO, and provide a respectful final resting place that our Colorado
veterans so deserve.
In a few months, we will honor those who made the ultimate sacrifice
in defending our Nation, as we celebrate Memorial Day weekend. On that
weekend, friends and family members of our departed veterans will go to
Veterans Affairs, VA, cemeteries throughout the country to honor the
memory of their loved ones. Unfortunately, too many family members will
have to travel far too many miles to pay their respects. Even worse,
the long distance that some veterans' survivors must travel will
prevent them from making the trip at all.
This is true of the loved ones of veterans in southern Colorado,
whose population features one of the highest concentrations of veterans
in the Nation. The vast majority of veterans in southern Colorado are
located far outside of a 75-mile radius of the nearest VA cemeteries,
Fort Logan National Cemetery in Denver and Fort Lyon National Cemetery
in Bent County.
For nearly a decade, it has been a goal of the Pikes Peak Veterans
Cemetery Committee, as well as the Department of Colorado Veterans of
Foreign Wars, the Colorado chapters of the American Legion, the
Paralyzed Veterans of America, and the Association for Service Disabled
Veterans, to bring a national cemetery to El Paso County. In the last
Congress, Representative John Salazar introduced legislation that would
address this issue, and I supported that legislation along with other
members of the Colorado delegation.
That bill, H.R. 1660, passed the House of Representatives unanimously
by voice vote, highlighting the support southern Colorado veterans have
received from the entire Nation for the establishment of a VA cemetery
in El Paso County. Unfortunately, the Senate did not act on this bill
in the last Congress.
I hope--and I know that veterans throughout Colorado hope--that this
year will be different. Representative Salazar has again introduced a
House bill, and today we introduce the Senate companion. Senator Bennet
and I will work hard to raise awareness of the need for a new national
cemetery for southern Colorado and get this bill passed in the Senate.
We need to ensure that all of our veterans receive the recognition they
deserve with a final resting place close to their own communities.
Mr. President, I ask unanimous consent that the text of the bill be
printed in the Record.
There being no objection, the material was ordered to be printed in
the Record as follows:
S. 691
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. ESTABLISHMENT OF NATIONAL CEMETERY IN SOUTHERN
COLORADO REGION.
(a) In General.--The Secretary of Veterans Affairs shall
establish, in accordance with chapter 24 of title 38, United
States Code, a national cemetery in El Paso County, Colorado,
to serve the needs of veterans and their families in the
southern Colorado region.
(b) Consultation in Selection of Site.--Before selecting
the site for the national cemetery established under
subsection (a), the Secretary shall consult with--
[[Page 8553]]
(1) appropriate officials of the State of Colorado and
local officials in the southern Colorado region; and
(2) appropriate officials of the United States, including
the Administrator of General Services, with respect to land
belonging to the United States in El Paso County, Colorado,
that would be suitable to establish the national cemetery
under subsection (a).
(c) Authority to Accept Donation of Parcel of Land.--
(1) In general.--The Secretary of Veterans Affairs may
accept on behalf of the United States the gift of an
appropriate parcel of real property. The Secretary shall have
administrative jurisdiction over such parcel of real
property, and shall use such parcel to establish the national
cemetery under subsection (a).
(2) Income tax treatment of gift.--For purposes of Federal
income, estate, and gift taxes, the real property accepted
under paragraph (1) shall be considered as a gift to the
United States.
(d) Report.--As soon as practicable after the date of the
enactment of this Act, the Secretary shall submit to Congress
a report on the establishment of the national cemetery under
subsection (a). The report shall set forth a schedule for
such establishment and an estimate of the costs associated
with such establishment.
(e) Southern Colorado Region Defined.--In this Act, the
term ``southern Colorado region'' means the geographic region
consisting of the following Colorado counties:
(1) El Paso.
(2) Pueblo.
(3) Teller.
(4) Fremont.
(5) Las Animas.
(6) Huerfano.
(7) Custer.
(8) Costilla.
(9) Alamosa.
(10) Saguache.
(11) Conejos.
(12) Mineral.
(13) Archuleta.
(14) Hinsdale.
(15) Gunnison.
(16) Pitkin.
(17) La Plata.
(18) Montezuma.
(19) San Juan.
(20) Ouray.
(21) San Miguel.
(22) Dolores.
(23) Montrose.
(24) Delta.
(25) Mesa.
(26) Crowley.
(27) Kiowa.
(28) Bent.
(29) Baca.
______
By Mr. HARKIN (for himself, Mr. Isakson, Mr. Bingaman, and Mr.
Lieberman):
S. 693. A bill to amend the Public Health Service Act to provide
grants for the training of graduate medical residents in preventive
medicine; to the Committee on Health, Education, Labor, and Pensions.
Mr. HARKIN. Mr. President, I am here today to lay the foundation for
what I hope will be a broad effort to reform our health care system. In
these troubled economic times, it has never been more clear that our
current system is broken. I have said many times that we do not have a
``health'' care system, we have a ``sick'' care system. If you are
sick, you get care. We spend untold hundreds of billions on pills,
surgery, hospitalization, and disability. But we spend peanuts about 3
percent of our health-care dollars for prevention. There are huge,
untapped opportunities in the area of wellness and prevention.
Last fall, I was honored to be asked by Senator Kennedy to lead the
Health, Education, Labor and Pension Committee's working group on
Prevention and Public Health in our health reform efforts. I am a long-
time believer that prevention and wellness are the keys to solving our
health care crisis. Our working group has already started looking at
prevention and public health-based solutions. We have held three
hearings so far. First, we laid down the case for why prevention and
public health strategies are so important to improving health care. We
heard from a variety of experts, including health economists and
successful health promotion programs in the corporate world and in
small communities. It was clear that prevention works and that we can
not afford not to do it. Next, we heard from a number of States about
the innovative things they are doing to improve public health and
encourage wellness. We heard about universal coverage in Massachusetts,
improving quality and reducing cost in North Carolina's Medicaid
program, and emphasizing prevention and chronic care management in
Iowa. Some truly groundbreaking efforts are already underway in many
states. Finally, we held a hearing about access to public health and
wellness services for vulnerable populations. We heard about some
creative solutions addressing public health disparities for children,
seniors, individuals with disabilities, and folks in rural areas. In
all of our hearings, we have learned a great deal about what we are
doing right to make prevention happen. But we have also learned about
how far we still have to go in making sure that everyone has the
opportunity to become healthier.
What is abundantly clear to me is that we can and must do more. We
have good science behind us, and we know that there are many proven
techniques to make our population healthier. This is particularly true
in preventive medicine, where health care providers have expertise both
in medicine and in public health. These are the people we need to help
tackle our growing obesity epidemic, the alarming trends in
cardiovascular disease and drug-resistant bacterial infections. They
can both treat patients and address public health concerns. They
understand both the physiology of disease and the population effects of
disease. They know how to provide the best care for the patient and the
broader population.
When tens of millions of Americans suffer from preventable diseases
such as type 2 diabetes, heart disease, and some types of cancer we
need experts in preventive medicine. And even though the need is
growing, our work force in preventive medicine is shrinking. We are not
training enough preventive medicine specialists, and our capacity to do
so is being limited. Though there were 90 preventive medicine residency
programs in 1999, today there are only 71. Today, I am introducing
legislation, along with Senators Isakson, Bingaman and Lieberman, to
make sure that we train enough professionals in preventive medicine.
The Preventive Medicine and Public Health Training Act will provide
training grants to medical schools, teaching hospitals, schools of
public health, and public health departments to fund existing programs
and in some cases develop new residency training programs in Preventive
Medicine. This bill is designed with one simple goal in mind: to
improve and increase our prevention workforce. We have seen how an
ounce of prevention really is worth a pound of cure, but we know that
we need someone to provide that ounce of prevention. And our bill will
help train future generations of experts in Preventive Medicine.
This legislation is a small but vitally important part of our efforts
at health reform. In the coming months, I will be working with HELP
Committee Chairman Kennedy and other interested members to ensure that,
as we craft legislation to provide health insurance to all, we do so in
a way that guarantees that all Americans have access to and take
advantage of exemplary preventive care. We must guarantee that our
health care system will not just fix us when we are sick, but keep us
well throughout our lifetimes. We must lay down a marker today to say
that reforming our health care system means rejecting our current
delivery of ``sick care'' and instead strengthening our ability to
provide ``well care'' through preventive medicine. Today's legislation
is just one part of that effort, and I look forward to working with
other interested Senators to build on this legislation as health care
reform moves forward.
______
By Mr. DODD (for himself and Mr. Hatch):
S. 694. A bill to provide assistance to Best Buddies to support the
expansion and development of mentoring programs, and for other
purposes; to the Committee on Health, Education, Labor, and Pensions.
Mr. DODD. Mr. President, I rise today to introduce with Senator Orrin
Hatch the Best Buddies Empowerment for People with Intellectual
Disabilities Act of 2009. The bill we are introducing would help to
better integrate individuals with intellectual disabilities into their
communities, improve
[[Page 8554]]
their quality of life and promote the extraordinary gifts of these
individuals.
I am proud to introduce this bill with my good friend Senator Hatch.
He has been a long time leader in the cause of Americans with
disabilities. We, as a society, have an obligation to do all we can to
better include individuals with disabilities within our communities and
help them to reach their full potential.
Yet, as one study on teen attitudes notes: ``Legal mandates cannot,
however, mandate acceptance by peers, neighbors, fellow employees,
employers or any of the other groups of individuals who directly impact
the lives of people with disabilities.'' People with intellectual
disabilities have indeed gained many rights that have improved their
lives; however, negative stereotypes abound. Social isolation,
unfortunately, is the norm for too many people with intellectual
disabilities.
Early intervention, effective education, and appropriate support all
go a long way toward helping individuals with intellectual disabilities
achieve the best of his or her abilities and lead a meaningful life in
the community. I would like to tell you about the accomplishments of
Best Buddies, a remarkable non-profit organization that is dedicated to
helping people with intellectual disabilities develop relationships
that will provide the support needed to help them reach their
potential.
Founded in 1989, Best Buddies is the only national social and
recreational program in the United States for people with intellectual
disabilities. Best Buddies works to enhance the lives of people with
intellectual disabilities by providing opportunities for friendship and
integrated employment. Through more than one thousand volunteer-run
chapters at middle schools, high schools and colleges, students with
and without intellectual disabilities are paired up in a one-to-one
mentoring friendship. Best Buddies also facilitates an Internet pen pal
program, an adult friendship program, and a supported employment
program.
Approximately 7,000,000 people in the U.S. have an intellectual
disability; every one of these individuals would benefit from the kind
of relationships that the Best Buddies programs help to establish. The
resulting friendships are mutually beneficial, increasing the self-
esteem, confidence, and abilities of people both with and without
intellectual disabilities.
The legislation we introduce today would allow the Secretary of
Education to award grants to promote the expansion of the Best Buddies
programs and to increase participation in and public awareness about
these programs. The bill authorizes $10,000,000 for fiscal year 2010
and such sums as necessary through fiscal year 2014. If passed, this
legislation would allow Best Buddies to expand their valuable work and
offer programs in every state in the America, helping to create a more
inclusive society with a direct and positive impact on more than 1.2
million citizens.
I thank my colleague Senator Hatch for working with me on this
important legislation. I urge my colleagues to join with me in
supporting this legislation that will make a positive--and needed--
difference in the lives of individuals with intellectual disabilities
and in the lives of those with whom they develop relationships through
the Best Buddies program.
Mr. President, I ask unanimous consent that the text of the bill be
printed in the Record.
There being no objection, the text of the bill was ordered to be
printed in the Record, as follows:
S. 694
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Best Buddies Empowerment for
People with Intellectual Disabilities Act of 2009''.
SEC. 2. FINDINGS AND PURPOSE.
(a) Findings.--Congress finds the following:
(1) Best Buddies operates the first national social and
recreational program in the United States for people with
intellectual disabilities.
(2) Best Buddies is dedicated to helping people with
intellectual disabilities become part of mainstream society.
(3) Best Buddies is determined to end social isolation for
people with intellectual disabilities by promoting meaningful
friendships between them and their non-disabled peers in
order to help increase the self-esteem, confidence, and
abilities of people with and without intellectual
disabilities.
(4) Since 1989, Best Buddies has enhanced the lives of
people with intellectual disabilities by providing
opportunities for 1-to-1 friendships and integrated
employment.
(5) Best Buddies is an international organization spanning
1,300 middle school, high school, and college campuses.
(6) Best Buddies implements programs that will positively
impact more than 400,000 individuals in 2009 and expects to
impact 500,000 people by 2010.
(7) The Best Buddies Middle Schools program matches middle
school students with intellectual disabilities with other
middle school students and supports 1-to-1 friendships
between them.
(8) The Best Buddies High Schools program matches high
school students with intellectual disabilities with other
high school students and supports 1-to-1 friendships between
them.
(9) The Best Buddies Colleges program matches adults with
intellectual disabilities with college students and creates
1-to-1 friendships between them.
(10) The Best Buddies e-Buddies program supports e-mail
friendships between people with and without intellectual
disabilities.
(11) The Best Buddies Citizens program pairs adults with
intellectual disabilities in 1-to-1 friendships with other
individuals in the corporate and civic communities.
(12) The Best Buddies Jobs program promotes the integration
of people with intellectual disabilities into the community
through supported employment.
(b) Purpose.--The purposes of this Act are to--
(1) provide support to Best Buddies to increase
participation in and public awareness about Best Buddies
programs that serve people with intellectual disabilities;
(2) dispel negative stereotypes about people with
intellectual disabilities; and
(3) promote the extraordinary contributions of people with
intellectual disabilities.
SEC. 3. ASSISTANCE FOR BEST BUDDIES.
(a) Education Activities.--The Secretary of Education may
award grants to, or enter into contracts or cooperative
agreements with, Best Buddies to carry out activities to
promote the expansion of Best Buddies, including activities
to increase the participation of people with intellectual
disabilities in social relationships and other aspects of
community life, including education and employment, within
the United States.
(b) Limitations.--
(1) In general.--Amounts appropriated to carry out this Act
may not be used for direct treatment of diseases, medical
conditions, or mental health conditions.
(2) Administrative activities.--Not more than 5 percent of
amounts appropriated to carry out this Act for a fiscal year
may be used for administrative activities.
(c) Rule of Construction.--Nothing in this Act shall be
construed to limit the use of non-Federal funds by Best
Buddies.
SEC. 4. APPLICATION AND ANNUAL REPORT.
(a) Application.--
(1) In general.--To be eligible for a grant, contract, or
cooperative agreement under section 3(a), Best Buddies shall
submit an application at such time, in such manner, and
containing such information as the Secretary of Education may
require.
(2) Content.--At a minimum, an application under this
subsection shall contain the following:
(A) A description of activities to be carried out under the
grant, contract, or cooperative agreement.
(B) Information on specific measurable goals and objectives
to be achieved through activities carried out under the
grant, contract, or cooperative agreement.
(b) Annual Report.--
(1) In general.--As a condition of receipt of any funds
under section 3(a), Best Buddies shall agree to submit an
annual report at such time, in such manner, and containing
such information as the Secretary of Education may require.
(2) Content.--At a minimum, each annual report under this
subsection shall describe the degree to which progress has
been made toward meeting the specific measurable goals and
objectives described in the applications submitted under
subsection (a).
SEC. 5. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to the Secretary of
Education for grants, contracts, or cooperative agreements
under section 3(a), $10,000,000 for fiscal year 2010, and
such sums as may be necessary for each of the 4 succeeding
fiscal years.
______
By Ms. SNOWE (for herself, Mr. Kohl, Ms. Stabenow, Mr. Brown, and
Mr. Lieberman):
S. 695. A bill to authorize the Secretary of Commerce to reduce the
matching requirement for participants in the Hollings Manufacturing
Partnership Program; to the Committee on Commerce, Science, and
Transportation.
[[Page 8555]]
Ms. SNOWE. Mr. President, I rise today in support of critical
legislation that I am introducing, along with Senators Kohl, Stabenow,
Brown, and Lieberman, to reduce the cost share amount that the
Manufacturing Extension Partnership, or MEP, faces in obtaining its
annual funding. The MEP is a nationwide public-private network of
counseling and assistance centers that provide our nation's nearly
350,000 small and medium manufacturers with services and access to
resources that enhance growth, improve productivity, and expand
capacity. The MEP's contribution to sustaining America's manufacturing
sector is indisputable. In fiscal year 2008 alone, MEP clients created
or retained 57,079 jobs; provided cost savings in excess of $1.44
billion; and generated over $10.5 billion in sales.
At present, individual MEP centers must raise a full two-thirds of
their funding after their fourth year of operation, placing a heavy
burden on these centers. The National Institute of Standards and
Technology, NIST, at the Department of Commerce, in turn, provides \1/
3\ of the centers' funding. MEP centers can meet their portion of the
cost share requirement through funds from universities, State and local
governments, and other institutions.
In today's tumultuous economy, these centers are experiencing
increased difficulties finding adequate funding from both private and
public sources. As economic concerns weigh down on all of us, States,
organizations, and groups that traditionally assist MEP centers in
meeting this cost share are reluctant to expend the money--or do not
have the resources to do so.
Our bill is simple and straightforward. It would reduce the statutory
cost share that MEP centers face to 50 percent for all years of the
centers' operation. Frankly, the Nation's MEP centers are subject to an
unnecessarily restrictive cost share requirement. It is inequitable, as
the MEP is the only initiative out of the 80 programs funded by the
Department of Commerce that is subject to a statutory cost share of
greater than 50 percent. There is no reason for this to persist,
particularly not during this trying economy when so many manufacturers
are trying to remain afloat.
The MEP is an essential resource for small and medium manufacturers
nationwide. With centers in all 50 States, as well as Puerto Rico, its
reach is unmatched and its experience in counseling manufacturers is
unrivaled. It is my hope that my colleagues will support this
legislation as a direct way to bolster an industry that is
indispensable to our Nation's economy health.
______
By Mr. CARDIN (for himself and Mr. Alexander):
S. 696. A bill to amend the Federal Water Pollution Control Act to
include a definition of fill material; to the Committee on Environment
and Public Works.
Mr. CARDIN. Mr. President, today the Obama administration is taking
an important first step in ending mountaintop mining, one of the most
environmentally destructive practices currently in use in this country.
More than 1 million acres of Appalachia have already been destroyed. An
estimated 1,200 miles of headwater streams have been buried under tons
of mining wastes. Over 500 mountains have been permanently scarred.
Homes have been ruined and drinking water supplies contaminated. It is
time to end this especially destructive method of coal mining.
By stopping the issuance of some of the most destructive permits,
today the administration is sending the right signals that the days of
mountaintop mining are being relegated to the dust bin of the past,
where they belong.
Today, Senator Lamar Alexander and I are introducing bipartisan
legislation that will go one step further. Our bill, the Appalachia
Restoration Act, will make clear that mining wastes cannot be dumped
into our streams, smothering them and sending plumes of toxic run-off
into groundwater systems. This Cardin-Alexander legislation amends the
Clean Water Act, specifically preventing the so-called ``excess spoil''
of mining wastes from entering our streams and rivers. This simple
legislation will restore the Clean Water Act to its original purpose.
In doing so, it will stop the wholesale destruction of some of
America's most beautiful and ecologically significant regions.
Mountaintop mining produces less than five percent of the coal mined
in the United States. This bill does not ban other methods of coal
mining. Instead, it is narrowly tailored to stop a practice that has
earned the condemnation of communities across Appalachia as well as
citizens across the rest of the country.
I applaud the Obama administration for the steps it is taking today,
and Senator Alexander and I look forward to working with the
Administration to pass the Cardin-Alexander Appalachia Restoration Act
later this year.
There being no objection, the text of the bill was ordered to be
printed in the Record, as follows:
S. 696
Be it enacted by the Senate and House of Representatives
of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Appalachia Restoration
Act''.
SEC. 2. FILL MATERIAL.
Section 502 of the Federal Water Pollution Control Act
(33 U.S.C. 1362) is amended by adding at the end the
following:
``(26) Fill material.--
``(A) In general.--The term `fill material' means any
pollutant that--
``(i) replaces a portion of the waters of the United
States with dry land; or
``(ii) modifies the bottom elevation of a body of water
for any purpose.
``(B) Exclusions.--The term `fill material' does not
include--
``(i) the disposal of excess spoil material (as described
in section 515(b)(22) of the Surface Mining Control and
Reclamation Act (30 U.S.C. 1265(b)(22))) in waters of the
United States; or
``(ii) trash or garbage.''.
______
By Mr. FEINGOLD (for himself, Mr. Graham, and Ms. Collins):
S. 698. A bill to ensure the provision of high-quality health care
coverage for uninsured individuals through State health care coverage
pilot projects that expand coverage and access and improve quality and
efficiency in the health care system; to the Committee on Health,
Education, Labor, and Pensions.
Mr. FEINGOLD. Mr. President, there is a crisis facing our country, a
crisis that directly affects the lives of almost 50 million people in
the U.S., and that indirectly affects many more. The crisis is the lack
of universal health insurance in America, and its effects are rippling
through our families, our communities, and our economy. It is the
number one issue that I hear about in Wisconsin, and it is the number
one issue for many Americans. Nevertheless, for too long, Congress has
been locked in a stalemate when it comes to health reform, refusing to
move forward on this life-threatening problem because of party politics
and special interests. That is why, for the past few Congresses, I have
introduced with the Senator from South Carolina, Lindsey Graham, the
State-Based Health Care Reform Act.
Senator Graham and I are from opposite ends of the political
spectrum, we are from different areas of the country, and we have
different views on health care. But we agree that something needs to be
done about health care in our country. Every day, all over our nation,
Americans suffer from medical conditions that cause them pain and even
change the way they lead their lives. Every one of us has either
experienced this personally or through a family member suffering from
cancer, Alzheimer's, diabetes, genetic disorders, mental illness or
some other condition. The disease takes its toll on both individuals
and families, as trips to the hospital for treatments such as
chemotherapy test the strength of the person and the family affected.
This is an incredibly difficult situation for anyone. But for the
uninsured and underinsured, the suffering goes beyond physical
discomfort. These Americans bear the additional burden of wondering
where the next dollar for their health care bills will come from;
worries of going into debt; worries of going bankrupt because of health
care needs. When illness strikes families, the last thing they should
have to think about
[[Page 8556]]
is money, but for many in our country, this is a persistent burden that
causes additional stress and hopelessness when they are ill.
It is difficult to do justice to the magnitude of the uninsurance
problem, but I want to share a few astounding statistics. The need for
health care reform has reached crisis proportions in America, with over
46 million Americans uninsured. As a result of our current economic
crisis, that number is climbing by the day. In December of 2008 and
January of 2009, it is estimated that 14,000 Americans lost their
access to health care each day; in Wisconsin, 230 people each day lost
access to care during these 2 months. The cost of providing care to the
uninsured weighs heavily on the U.S. economy. According to research
done by the journal Health Affairs, the uninsured received
approximately $56,000,000,000 in uncompensated care in 2008. Government
programs finance about 75 percent of uncompensated care. The cost of
the uninsured weighs heavily on our collective conscience, as well. In
my home State of Wisconsin alone, it is estimated that 250
Wisconsinites, or 5 people each week, died in 2006 because they did not
have health insurance.
The U.S. is the only industrialized nation that does not guarantee
health care for its citizens. In other countries, if someone is sick,
they get proper care regardless of ability to pay. In our country, that
is not the case. It is unacceptable for a nation as great as America to
not provide good health care for all our citizens. We are failing those
in need. We are failing the hard-working family that cannot afford the
insurance offered to them. We are failing the uninsured children whose
parents do not have any access to insurance. We are failing low-income
Americans and middle-income Americans alike. This is not right. We can
do better.
Even for those Americans who currently have health insurance through
their employer, the risk of becoming uninsured is very real. Large
businesses are finding themselves less competitive in the global market
because of skyrocketing health care costs. Small businesses are finding
it difficult to offer insurance to employees while staying competitive
in their own communities. Our health care system has failed to keep
costs in check, and there is simply no way we can expect businesses to
keep up. More and more, employers are forced to increase employee cost-
sharing or to offer sub-par benefits, or no benefits at all. Employers
cannot be the sole provider of health care when these costs are rising
faster than inflation.
I travel to each of Wisconsin's 72 counties every year to hold
townhall meetings. Almost every year, the number one issue raised at
these listening sessions is the same--health care. The failure of our
health care system brings people to these meetings in droves. These
people used to think Government involvement was a terrible idea, but
not anymore. Now they come armed with their frustration, their anger,
and their desperation, and they tell me that their businesses and their
lives are being destroyed by health care costs, and they want the
Government to step in.
I am pleased to be joined by Senator Graham in introducing the State-
Based Health Care Reform Act. In short, this bill establishes a pilot
project to provide States with the resources needed to implement
universal health care reform. The bill does not dictate what kind of
reform the States should implement, it just provides an incentive for
action, provided States meet certain minimum coverage and low-income
requirements.
Even though Senator Graham and I support different methods of health
care reform, we both agree that this legislation presents a viable
solution to the logjam preventing reform. It may well be that, with a
new President and a new Congress, that logjam is already broken. I hope
that is the case, as I have long said that a single-payer health care
system is what I prefer for our country. I also recognize that there
are strong obstacles to enacting real reform, and that we may need the
support of members of Congress with different views on this topic.
Senator Graham would like to see health care privatized and see a base,
catastrophic coverage offered to everyone. Despite our disagreements
about the form that health care reform should take, we agree on this
legislation.
With the election of Barack Obama, Americans have a real opportunity
to reform our health care system. I look forward to consideration of
health care reform this Congress, and I do not intend to push this bill
as an alternative to broader efforts. But I do think our proposal may
help provide ideas about how to bring together Democrats and
Republicans on this issue.
Under our proposal, States can be creative in the State resources
they use to expand health care coverage. For example, a State can use
personal or employer mandates for coverage, use State tax incentives,
create a single-payer system or even join with neighboring States to
offer a regional health care plan. The proposals are subject only to
the approval of the newly created Health Care Coverage Task Force,
which will be composed of health care experts, consumers, and
representatives from groups affected by health care reform. This Task
Force will be responsible for choosing viable State projects and
ensuring that the projects are effective. The Task Force will also help
the States develop projects, and will continue a dialogue with the
States in order to facilitate a good relationship between the State and
Federal Governments.
The Task Force is also charged with making sure that the State plans
meet certain minimal requirements. First, the State plans must include
specific target dates for decreasing the number of uninsured, and must
also identify a set of minimum benefits for every covered individual.
These benefits must be comparable to health insurance offered to
Federal employees. Second, the State plans must include a mechanism to
guarantee that the insurance is affordable. Americans should not go
broke trying to keep healthy, and health care reform should ensure that
individual costs are manageable. The State-Based Health Care Reform Act
bases affordability on income.
Another provision in this legislation requires that the States
contribute to paying for their new health care programs. The Federal
Government will provide matching funds based on enhanced FMAP--the same
standard used for SCHIP--and will then provide an additional 5 percent.
States that can afford to provide more are encouraged to, but the
matching requirement will ensure the financial viability of the bill
and State buy-in. Other than these requirements, the States largely
have flexibility to design a plan that works best for their respective
residents. The possibilities for reform are wide open.
One of the main criticisms of Federal Government spending on health
care is that it is expensive and increases the deficit. My legislation
is fully offset, ensuring that it will not increase the deficit. The
bill does not avoid making the tough budget choices that need to be
made if we are going to pay for health care reform.
We need a solution for a broken system where millions are uninsured,
and where businesses and Americans are struggling under the burden of
health care costs.
It has been over 10 years since the last serious debate over health
care reform was killed by special interests and the soft money
contributions they used to corrupt the legislative process. The
legislative landscape is now much different. Soft money can no longer
be used to set the agenda, and businesses and workers are crying out as
never before for Congress to do something about the country's health
care crisis.
We are fortunate to live in a country that has been abundantly
blessed with democracy and wealth, and yet there are those in our
society whose daily health struggles overshadow these blessings. That
is an injustice, but it is one we can and must address. Dr. Martin
Luther King, Jr., said, ``Of all the forms of inequality, injustice in
health care is the most shocking and inhumane.'' It is long past time
for Congress to heed these words and end this terrible inequality.
[[Page 8557]]
______
By Mr. BINGAMAN (for himself, Mr. Brown and Ms. Collins):
S. 700. A bill to amend title II of the Social Security Act to phase
out the 24-month waiting period for disabled individuals to become
eligible for Medicare benefits, to eliminate the waiting period for
individuals with life-threatening conditions, and for other purposes;
to the Committee on Finance.
Mr. BINGAMAN. Mr. President, I rise today along with my colleagues,
Senators Brown and Collins, to introduce bipartisan legislation
entitled Ending the Medicare Disability Waiting Period Act of 2009.
This legislation would phase out the current 2-year waiting period that
people with disabilities must endure after qualifying for Social
Security Disability Insurance, SSDI. In the interim or as the waiting
period is being phased out, the bill would also create a process by
which the Secretary can immediately waive the waiting period for people
with life-threatening illnesses.
When Medicare was expanded in 1972 to include people with significant
disabilities, lawmakers created the 24-month waiting period. According
to an April 2007 report from the Commonwealth Fund, it is estimated
that over 1.5 million SSDI beneficiaries are in the Medicare waiting
period at any given time, ``all of whom are unable to work because of
their disability and most of whom have serious health problems, low
incomes, and limited access to health insurance.'' Nearly 39 percent of
these individuals do not have health insurance coverage for some point
during the waiting period and 26 percent have no health insurance
during this period.
The stated reason at the time was to limit the fiscal cost of the
provision. However, I would assert that there is no reason, be it
fiscal or moral, to tell people that they must wait longer than 2 years
after becoming severely disabled before we provide them access to much
needed health care.
In fact, it is important to note that there really are actually three
waiting periods that are imposed upon people seeking to qualify for
SSDI. First, there is the disability determination process through the
Social Security Administration, which often takes many months or even
longer than a year in some cases. Second, once a worker has been
certified as having a severe or permanent disability, they must wait an
additional five months before receiving their first SSDI check. And
third, after receiving that first SSDI check, there is the 2-year
period that people must wait before their Medicare coverage begins.
What happens to the health and well-being of people waiting more than
2\1/2\ years before they finally receive critically needed Medicare
coverage? According to Karen Davis, president of the Commonwealth Fund,
which has conducted several important studies on the issue,
``Individuals in the waiting period for Medicare suffer from a broad
range of debilitating diseases and are in urgent need of appropriate
medical care to manage their conditions. Eliminating the 2-year wait
would ensure access to care for those already on the way to Medicare.''
Again, we are talking about individuals that have been determined to
be unable to engage in any ``substantial, gainful activity'' because of
either a physical or mental impairment that is expected to result in
death or to continue for at least 12 months. These are people that, by
definition, are in more need of health coverage than anybody else in
our society. The consequences are unacceptable and are, in fact, dire.
The majority of people who become disabled were, before their
disability, working full-time jobs and paying into Medicare like all
other employed Americans. At the moment these men and women need
coverage the most, just when they have lost their health, their jobs,
their income, and their health insurance, Federal law requires them to
wait 2 full years to become eligible for Medicare. Many of these
individuals are needlessly forced to accumulate tens-of-thousands of
dollars in healthcare debt or compromise their health due to forgone
medical treatment. Many individuals are forced to sell their homes or
go bankrupt. Even more tragically, more than 16,000 disabled
beneficiaries annually, about 4 percent of beneficiaries, do not make
it through the waiting period. They die before their Medicare coverage
ever begins.
Removing the waiting period is well worth the expense. According to
the Commonwealth Fund, analyses have shown providing men and women with
Medicare at the time that Social Security certifies them as disabled
would cost $8.7 billion annually. This cost would be partially offset
by $4.3 billion in reduced Medicaid spending, which many individuals
require during the waiting period. In addition, untold expenses borne
by the individuals involved could be avoided, as well as the costs of
charity care on which many depend. Moreover, there may be additional
savings to the Medicare program itself, which often has to bear the
expense of addressing the damage done during the waiting period. During
this time, deferred health care can worsen conditions, creating
additional health problems and higher costs.
Further exacerbating the situation, some beneficiaries have had the
unfortunate fate of having received SSI and Medicaid coverage, applied
for SSDI, and then lost their Medicaid coverage because they were not
aware the change in income when they received SSDI would push them over
the financial limits for Medicaid. In such a case, and let me emphasize
this point, the Government is effectively taking their health care
coverage away because they are so severely disabled.
Therefore, for some in the waiting period, their battle is often as
much with the Government as it is with their medical condition,
disease, or disability.
Nobody could possibly think this makes any sense.
As the Medicare Rights Center has said, ``By forcing Americans with
disabilities to wait 24 months for Medicare coverage, the current law
effectively sentences these people to inadequate health care, poverty,
or death. . . . Since disability can strike anyone, at any point in
life, the 24-month waiting period should be of concern to everyone, not
just the millions of Americans with disabilities today.''
Although elimination of the Medicare waiting period will certainly
increase Medicare costs, it is important to note that there will be
some decrease in Medicaid costs. Medicaid, which is financed by both
Federal and State governments, often provides coverage for a subset of
disabled Americans in the waiting period, as long as they meet certain
income and asset limits. Income limits are typically at or below the
poverty level, including at just 74 percent of the poverty line in New
Mexico, with assets generally limited to just $2,000 for individuals
and $3,000 for couples.
Furthermore, from a continuity of care point of view, it makes little
sense that somebody with disabilities must leave their job and their
health providers associated with that plan, move on to Medicaid, often
have a different set of providers, then switch to Medicare and yet
another set of providers. The cost, both financial and personal, of not
providing access to care or poorly coordinated care services for these
seriously ill people during the waiting period may be greater in many
cases than providing health coverage.
Finally, private-sector employers and employees in those risk-pools
would also benefit from the passage of the bill. As the Commonwealth
Fund has noted, ``. . . to the extent that disabled adults rely on
coverage through their prior employer or their spouse's employer,
eliminating the waiting period would also produce savings to employers
who provide this coverage.''
To address concerns about costs and immediate impact on the Medicare
program, the legislation phases out the waiting period over a 10-year
period. In the interim, the legislation would create a process by which
others with life-threatening illnesses could also get an exception to
the waiting period. Congress has previously extended such an exception
to the waiting period to individuals with amyotrophic lateral
sclerosis, ALS, also known as Lou Gehrig's disease, and for hospice
services. The ALS exception passed the Congress in
[[Page 8558]]
December 2000 and went into effect July 1, 2001. Thus, the legislation
would extend the exception to all people with life-threatening
illnesses in the waiting period.
Mr. President, I ask unanimous consent that the text of the bill be
printed in the Record.
There being no objection, the text of the bill was ordered to be
printed in the Record, as follows:
S. 700
Be it enacted by the Senate and House of Representatives
of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Ending
the Medicare Disability Waiting Period Act of 2009''.
(b) Table of Contents.--The table of contents of this Act
is as follows:
Sec. 1. Short title; table of contents.
Sec. 2. Phase-out of waiting period for medicare disability benefits.
Sec. 3. Elimination of waiting period for individuals with life-
threatening conditions.
Sec. 4. Institute of Medicine study and report on delay and prevention
of disability conditions.
SEC. 2. PHASE-OUT OF WAITING PERIOD FOR MEDICARE DISABILITY
BENEFITS.
(a) In General.--Section 226(b) of the Social Security
Act (42 U.S.C. 426(b)) is amended--
(1) in paragraph (2)(A), by striking ``, and has for 24
calendar months been entitled to,'' and inserting ``, and for
the waiting period (as defined in subsection (k)) has been
entitled to,'';
(2) in paragraph (2)(B), by striking ``, and has been for
not less than 24 months,'' and inserting ``, and has been for
the waiting period (as defined in subsection (k)),'';
(3) in paragraph (2)(C)(ii), by striking ``, including
the requirement that he has been entitled to the specified
benefits for 24 months,'' and inserting ``, including the
requirement that the individual has been entitled to the
specified benefits for the waiting period (as defined in
subsection (k)),''; and
(4) in the flush matter following paragraph
(2)(C)(ii)(II)--
(A) in the first sentence, by striking ``for each month
beginning with the later of (I) July 1973 or (II) the twenty-
fifth month of his entitlement or status as a qualified
railroad retirement beneficiary described in paragraph (2),
and'' and inserting ``for each month beginning after the
waiting period (as so defined) for which the individual
satisfies paragraph (2) and'';
(B) in the second sentence, by striking ``the `twenty-
fifth month of his entitlement' refers to the first month
after the twenty-fourth month of entitlement to specified
benefits referred to in paragraph (2)(C) and''; and
(C) in the third sentence, by striking ``, but not in
excess of 78 such months''.
(b) Schedule for Phase-Out of Waiting Period.--Section
226 of the Social Security Act (42 U.S.C. 426) is amended by
adding at the end the following new subsection:
``(k) For purposes of subsection (b) (and for purposes of
section 1837(g)(1) of this Act and section 7(d)(2)(ii) of the
Railroad Retirement Act of 1974), the term `waiting period'
means--
``(1) for 2010, 18 months;
``(2) for 2011, 16 months;
``(3) for 2012, 14 months;
``(4) for 2013, 12 months;
``(5) for 2014, 10 months;
``(6) for 2015, 8 months;
``(7) for 2016, 6 months;
``(8) for 2017, 4 months;
``(9) for 2018, 2 months; and
``(10) for 2019 and each subsequent year, 0 months.''.
(c) Conforming Amendments.--
(1) Sunset.--Effective January 1, 2019, subsection (f) of
section 226 of the Social Security Act (42 U.S.C. 426) is
repealed.
(2) Medicare description.--Section 1811(2) of such Act
(42 U.S.C. 1395c(2)) is amended by striking ``entitled for
not less than 24 months'' and inserting ``entitled for the
waiting period (as defined in section 226(k))''.
(3) Medicare coverage.--Section 1837(g)(1) of such Act
(42 U.S.C. 1395p(g)(1)) is amended by striking ``of the later
of (A) April 1973 or (B) the third month before the 25th
month of such entitlement'' and inserting ``of the third
month before the first month following the waiting period (as
defined in section 226(k)) applicable under section 226(b)''.
(4) Railroad retirement system.--Section 7(d)(2)(ii) of
the Railroad Retirement Act of 1974 (45 U.S.C.
231f(d)(2)(ii)) is amended--
(A) by striking ``, for not less than 24 months'' and
inserting ``, for the waiting period (as defined in section
226(k) of the Social Security Act); and
(B) by striking ``could have been entitled for 24
calendar months, and'' and inserting ``could have been
entitled for the waiting period (as defined is section 226(k)
of the Social Security Act), and''.
(d) Effective Date.--Except as provided in subsection
(c)(1), the amendments made by this section shall apply to
insurance benefits under title XVIII of the Social Security
Act with respect to items and services furnished in months
beginning at least 90 days after the date of the enactment of
this Act (but in no case earlier than January 1, 2010).
SEC. 3. ELIMINATION OF WAITING PERIOD FOR INDIVIDUALS WITH
LIFE-THREATENING CONDITIONS.
(a) In General.--Section 226(h) of the Social Security
Act (42 U.S.C. 426(h)) is amended--
(1) by redesignating paragraphs (1), (2), and (3) as
subparagraphs (A), (B), and (C), respectively;
(2) in the matter preceding subparagraph (A) (as
redesignated by paragraph (1)), by inserting ``(1)'' after
``(h)'';
(3) in paragraph (1) (as designated by paragraph (2))--
(A) in the matter preceding subparagraph (A) (as
redesignated by paragraph (1)), by inserting ``or any other
life-threatening condition'' after ``amyotrophic lateral
sclerosis (ALS)''; and
(B) in subparagraph (B) (as redesignated by paragraph
(1)), by striking ``(rather than twenty-fifth month)''; and
(4) by adding at the end the following new paragraph:
``(2) For purposes of identifying life-threatening
conditions under paragraph (1), the Secretary shall compile a
list of conditions that are fatal without medical treatment.
In compiling such list, the Secretary shall--
``(A) consult with the Director of the National
Institutes of Health (including the Office of Rare Diseases),
the Director of the Centers for Disease Control and
Prevention, the Director of the National Science Foundation,
and the Institute of Medicine of the National Academy of
Sciences; and
``(B) annually review the compassionate allowances list
of conditions of the Social Security Administration.''.
(b) Effective Date.--The amendments made by this section
shall apply to insurance benefits under title XVIII of the
Social Security Act with respect to items and services
furnished in months beginning at least 90 days after the date
of the enactment of this Act (but in no case earlier than
January 1, 2010).
SEC. 4. INSTITUTE OF MEDICINE STUDY AND REPORT ON DELAY AND
PREVENTION OF DISABILITY CONDITIONS.
(a) Study.--The Secretary of Health and Human Services
(in this section referred to as the ``Secretary'') shall
request that the Institute of Medicine of the National
Academy of Sciences conduct a study on the range of
disability conditions that can be delayed or prevented if
individuals receive access to health care services and
coverage before the condition reaches disability levels.
(b) Report.--Not later than the date that is 2 years
after the date of enactment of this Act, the Secretary shall
submit to Congress a report containing the results of the
Institute of Medicine study authorized under this section.
(c) Authorization of Appropriations.--There is authorized
to be appropriated to carry out this section $750,000 for the
period of fiscal years 2010 and 2011.
______
By Mr. KERRY (for himself, Mr. Alexander, Mr. Wyden, Mr.
Whitehouse, and Mr. Brownback):
S. 701 A bill to amend title XVIII of the Social Security Act to
improve access of Medicare beneficiaries to intravenous immune
globulins (IVI); to the Committee on Finance.
Mr. KERRY. Mr. President, as we move forward with comprehensive
health reform we must also not ignore that some of our most vulnerable
Medicare beneficiaries are subject to costly, bureaucratic red tape
which is delaying essential, life-saving treatments. Addressing this
problem can both increase the quality of life for many patients and
ease financial burdens for their medical providers.
Between 6,000 and 10,000 Medicare beneficiaries have primary
immunodeficiency diseases, PIDD, that require intravenous
immunoglobulin, IVIG, treatment to maintain a healthy immune system.
Primary Immunodeficiency Diseases, PIDD, are disorders in which part
of the body's immune system is missing or does not function properly.
Untreated PIDDs result in frequent life-threatening infections and
debilitating illnesses. Even illnesses such as the common cold or the
flu can be deadly for someone with PIDD.
Because of advances in our medical understanding and treatment of
primary immune deficiency diseases, individuals who in the past would
not have survived childhood are now able to live nearly normal lives.
While there is still no cure for PIDD, there are effective treatments
available. Nearly 70 percent
[[Page 8559]]
of primary immune deficient patients use intravenous immunoglobulin,
IVIG, to maintain their health.
Immunoglobulin is a naturally occurring collection of highly
specialized proteins, known as antibodies, which strengthen the body's
immune response. It is derived from human plasma donations and is
administered intravenously to the patient every three to four weeks.
Currently, Medicare beneficiaries needing IVIG treatments are
experiencing access problems. This is an unintended result of the way
Medicare has determined the payment for IVIG. In January 2005, the
Medicare Modernization Act changed the way physicians and hospital
outpatient departments were paid under Medicare. The law reduced IVIG
reimbursement rates so most physicians in outpatient settings could no
longer afford to treat Medicare patients requiring IVIG. Access to home
based infusion therapy is limited since Medicare currently pays for the
cost of IVIG, but not for the nursing services or supplies required for
infusion.
As a result, patients are experiencing delays in receiving
critically-needed treatment and are being shifted to more expensive
care settings such as inpatient hospitals. In April 2007, the U.S.
Department of Health and Human Services Office of the Inspector
General, OIG, reported that Medicare reimbursement for IVIG was
inadequate to cover the cost many providers must pay for the product.
In fact, the OIG found that 44 percent of hospitals and 41 percent of
physicians were unable to purchase IVIG at the Medicare reimbursement
rate during the 3rd quarter of 2006. The previous quarter was even
worse--77.2 percent of hospitals and 96.5 percent of physicians were
unable to purchase IVIG at the Medicare reimbursement rate.
We have an opportunity to fix this very real problem with a
compassionate and common sense solution. I believe we can improve the
quality of life for PIDD patients and cut inpatient expenses by
improving reimbursement procedures for IVIG treatments for physicians
and outpatient facilities and allowing for home treatments and coverage
for related services.
That is why, today, I am introducing the Medicare IVIG Access Act,
with Senators Alexander, Wyden, Whitehouse, and Brownback, to authorize
the Secretary of Health and Human Services to update the payment for
IVIG, based on new or existing data, and to provide coverage for
related items and services currently excluded from the existing
Medicare home infusion therapy benefit. This bill is endorsed by
several national organizations from the patient and physician
communities, including the Immune Deficiency Foundation, GBS/CIDP
Foundation International, the Jeffrey Modell Foundation, the Clinical
Immunology Society, and the National Patient Advocate Foundation.
I hope all my colleagues can support this legislation to help
patients, physicians, caretakers, researchers, and plasma donors.
______
By Mr. GRASSLEY (for himself, Mrs. Lincoln, Ms. Snowe, Mr.
Ensign, Ms. Collins, Ms. Klobuchar, and Mr. Graham):
S. 702. A bill to amend the Internal Revenue Code of 1986 to allow
long-term care insurance to be offered under cafeteria plans and
flexible spending arrangements and to provide additional consumer
protections for long-term care insurance; to the Committee on Finance.
Mr. GRASSLEY. Mr. President, at 2:30 today, the Senate Finance
Committee, Subcommittee on Health Care, held a hearing entitled The
Role of Long-Term Care in Health Reform. In conjunction with the
Subcommittee hearing, my colleagues Senators Lincoln, Snowe, Ensign,
Collins, Klobuchar, Graham and I wanted to take the opportunity to
introduce the Long-Term Care Affordability and Security Act of 2009.
Our Nation is graying. Research shows that the elderly population
will nearly double by 2030. By 2050, the population of those aged 85
and older will have grown by more than 300 percent. Research also shows
that the average age at which individuals need long-term care services,
such as home health care or a private room at a nursing home, is 75.
Currently, the average annual cost for a private room at a nursing home
is more than $75,000. This cost is expected to be in excess of $140,000
by 2030.
Based on these facts, we can see that our Nation needs to prepare its
citizens for the challenges they may face in old-age. One way to
prepare for these challenges is by encouraging more Americans to obtain
long-term care insurance coverage. To date, only 10 percent of seniors
have long-term care insurance policies, and only 7 percent of all
private-sector employees are offered long-term care insurance as a
voluntary benefit.
Under current law, employees may pay for certain health-related
benefits, which may include health insurance premiums, co-pays, and
disability or life insurance, on a pre-tax basis under cafeteria plans
and flexible spending arrangements, FSAs. Essentially, an employee may
elect to reduce his or her annual salary to pay for these benefits, and
the employee does not pay taxes on the amounts used to pay these costs.
Employees, however, are explicitly prohibited from paying for the cost
of long-term care insurance coverage tax-free.
Our bill would allow employers, for the first time, to offer
qualified long-term care insurance to employees under FSAs and
cafeteria plans. This means employees would be permitted to pay for
qualified long-term care insurance premiums on a tax-free basis. This
would make it easier for employees to purchase long-term care
insurance, which many find unaffordable. This should also encourage
younger individuals to purchase long-term care insurance. The younger
the person is at the time the long-care insurance contract is
purchased, the lower the insurance premium.
An aging Nation has no time to waste in preparing for long-term care,
and the need to help people afford long-term care is more pressing than
ever. I look forward to working with Senators Lincoln, Snowe, Ensign,
Collins, Klobuchar, Graham and all of our Senate colleagues toward
enacting the Long-Term Care Affordability and Security Act of 2009.
Mr. President, I ask unanimous consent that the text of the bill be
printed in the Record.
There being no objection, the text of the bill was ordered to be
printed in the Record, as follows:
S. 702
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Long-Term Care Affordability
and Security Act of 2009''.
SEC. 2. TREATMENT OF PREMIUMS ON QUALIFIED LONG-TERM CARE
INSURANCE CONTRACTS.
(a) In General.--
(1) Cafeteria plans.--The last sentence of section 125(f)
of the Internal Revenue Code of 1986 (defining qualified
benefits) is amended by inserting before the period at the
end ``; except that such term shall include the payment of
premiums for any qualified long-term care insurance contract
(as defined in section 7702B) to the extent the amount of
such payment does not exceed the eligible long-term care
premiums (as defined in section 213(d)(10)) for such
contract''.
(2) Flexible spending arrangements.--Section 106 of such
Code (relating to contributions by an employer to accident
and health plans) is amended by striking subsection (c) and
redesignating subsections (d) and (e) as subsections (c) and
(d), respectively.
(b) Conforming Amendments.--
(1) Section 6041 of such Code is amended by adding at the
end the following new subsection:
``(h) Flexible Spending Arrangement Defined.--For purposes
of this section, a flexible spending arrangement is a benefit
program which provides employees with coverage under which--
``(1) specified incurred expenses may be reimbursed
(subject to reimbursement maximums and other reasonable
conditions), and
``(2) the maximum amount of reimbursement which is
reasonably available to a participant for such coverage is
less than 500 percent of the value of such coverage.
In the case of an insured plan, the maximum amount reasonably
available shall be determined on the basis of the underlying
coverage.''.
(2) The following sections of such Code are each amended by
striking ``section 106(d)''
[[Page 8560]]
and inserting ``section 106(c)'': sections 223(b)(4)(B),
223(d)(4)(C), 223(f)(3)(B), 3231(e)(11), 3306(b)(18),
3401(a)(22), 4973(g)(1), and 4973(g)(2)(B)(i).
(3) Section 6041(f)(1) of such Code is amended by striking
``(as defined in section 106(c)(2))''.
(4) Section 26(b)(2)(S) of such Code is amended by striking
``106(e)(3)(A)(ii)'' and inserting ``106(d)(3)(A)(ii)''.
(5) Section 223(c)(1)(B)(iii)(II) of such Code is amended
by striking ``section 106(e)'' and inserting ``section
106(d)''.
(c) Effective Date.--The amendments made by this section
shall apply to taxable years beginning after December 31,
2008.
SEC. 3. ADDITIONAL CONSUMER PROTECTIONS FOR LONG-TERM CARE
INSURANCE.
(a) Additional Protections Applicable to Long-Term Care
Insurance.--Subparagraphs (A) and (B) of section 7702B(g)(2)
of the Internal Revenue Code of 1986 (relating to
requirements of model regulation and Act) are amended to read
as follows:
``(A) In general.--The requirements of this paragraph are
met with respect to any contract if such contract meets--
``(i) Model regulation.--The following requirements of the
model regulation:
``(I) Section 6A (relating to guaranteed renewal or
noncancellability), other than paragraph (5) thereof, and the
requirements of section 6B of the model Act relating to such
section 6A.
``(II) Section 6B (relating to prohibitions on limitations
and exclusions) other than paragraph (7) thereof.
``(III) Section 6C (relating to extension of benefits).
``(IV) Section 6D (relating to continuation or conversion
of coverage).
``(V) Section 6E (relating to discontinuance and
replacement of policies).
``(VI) Section 7 (relating to unintentional lapse).
``(VII) Section 8 (relating to disclosure), other than
sections 8F, 8G, 8H, and 8I thereof.
``(VIII) Section 11 (relating to prohibitions against post-
claims underwriting).
``(IX) Section 12 (relating to minimum standards).
``(X) Section 13 (relating to requirement to offer
inflation protection).
``(XI) Section 25 (relating to prohibition against
preexisting conditions and probationary periods in
replacement policies or certificates).
``(XII) The provisions of section 28 relating to contingent
nonforfeiture benefits, if the policyholder declines the
offer of a nonforfeiture provision described in paragraph (4)
of this subsection.
``(ii) Model act.--The following requirements of the model
Act:
``(I) Section 6C (relating to preexisting conditions).
``(II) Section 6D (relating to prior hospitalization).
``(III) The provisions of section 8 relating to contingent
nonforfeiture benefits, if the policyholder declines the
offer of a nonforfeiture provision described in paragraph (4)
of this subsection.
``(B) Definitions.--For purposes of this paragraph--
``(i) Model regulation.--The term `model regulation' means
the long-term care insurance model regulation promulgated by
the National Association of Insurance Commissioners (as
adopted as of December 2006).
``(ii) Model act.--The term `model Act' means the long-term
care insurance model Act promulgated by the National
Association of Insurance Commissioners (as adopted as of
December 2006).
``(iii) Coordination.--Any provision of the model
regulation or model Act listed under clause (i) or (ii) of
subparagraph (A) shall be treated as including any other
provision of such regulation or Act necessary to implement
the provision.
``(iv) Determination.--For purposes of this section and
section 4980C, the determination of whether any requirement
of the model regulation or the model Act has been met shall
be made by the Secretary.''.
(b) Excise Tax.--Paragraph (1) of section 4980C(c) of the
Internal Revenue Code of 1986 (relating to requirements of
model provisions) is amended to read as follows:
``(1) Requirements of model provisions.--
``(A) Model regulation.--The following requirements of the
model regulation must be met:
``(i) Section 9 (relating to required disclosure of rating
practices to consumer).
``(ii) Section 14 (relating to application forms and
replacement coverage).
``(iii) Section 15 (relating to reporting requirements).
``(iv) Section 22 (relating to filing requirements for
marketing).
``(v) Section 23 (relating to standards for marketing),
including inaccurate completion of medical histories, other
than paragraphs (1), (6), and (9) of section 23C.
``(vi) Section 24 (relating to suitability).
``(vii) Section 27 (relating to the right to reduce
coverage and lower premiums).
``(viii) Section 31 (relating to standard format outline of
coverage).
``(ix) Section 32 (relating to requirement to deliver
shopper's guide).
The requirements referred to in clause (vi) shall not include
those portions of the personal worksheet described in
Appendix B relating to consumer protection requirements not
imposed by section 4980C or 7702B.
``(B) Model act.--The following requirements of the model
Act must be met:
``(i) Section 6F (relating to right to return).
``(ii) Section 6G (relating to outline of coverage).
``(iii) Section 6H (relating to requirements for
certificates under group plans).
``(iv) Section 6J (relating to policy summary).
``(v) Section 6K (relating to monthly reports on
accelerated death benefits).
``(vi) Section 7 (relating to incontestability period).
``(vii) Section 9 (relating to producer training
requirements).
``(C) Definitions.--For purposes of this paragraph, the
terms `model regulation' and `model Act' have the meanings
given such terms by section 7702B(g)(2)(B).''.
(c) Effective Date.--The amendments made by this section
shall apply to policies issued more than 1 year after the
date of the enactment of this Act.
______
By Mr. KERRY (for himself, Mr. Lugar, Mr. Kaufman, and Mr.
Menendez):
S. 705. A bill to reauthorize the programs of the Overseas Private
Investment Corporation, and for other purposes; to the Committee on
Foreign Relations.
Mr. KERRY. Mr. President, I rise to support the Overseas Private
Investment Corporation Reauthorization Act of 2009. Along with Senators
Lugar, Kaufman and Menendez, I ask for approval of the Overseas Private
Investment Corporation Reauthorization Act of 2009, a bill to
reauthorize a vital U.S. Government agency that has assisted U.S.
businesses and promoted projects in support of our foreign policy
interests since 1971. This legislation reauthorizes the Overseas
Private Investment Corporation, OPIC, for 4 years.
OPIC is an independent U.S. agency whose mission is to mobilize U.S.
private sector investment in poorer countries to facilitate their
economic and social development. It provides U.S. companies with
financing--from large structured finance to small business loans,
political risk insurance, and investment funds.
OPIC operates at no net cost to taxpayers: OPIC charges market-based
fees for its products and operates on a self-sustaining basis. Over its
38-year history, OPIC projects have generated more than $72 billion in
U.S. exports and supported more than 273,000 American jobs while
supporting over $188 billion worth of investments that have helped
developing countries generate almost $15 billion in host-government
revenues leading to over 821,000 host-country jobs.
OPIC's financing and political risk insurance help U.S. businesses,
particularly small- and medium-sized enterprises, to compete in
emerging markets and meet the challenges of investing overseas when
private sector support is not available. OPIC promotes U.S. best
practices by requiring that projects adhere to international labor
standards.
OPIC also engages in critical foreign policy areas. It is
implementing major projects in the Middle East, including Jordan, the
West Bank, and Lebanon. In Africa, OPIC has established a new
investment fund that will mobilize $1.6 billion of private investment
in Africa towards health care, housing, telecommunications and small
businesses. The agency also gives preferential consideration to
projects supported by small businesses. It has even established a
separate department to focus on small business financing. An
overwhelming majority of projects supported by OPIC involved small
business--87 percent in fiscal year 2006. This is up from 24 percent in
fiscal year 1997.
The bill incorporates several important aspects, including:
strengthening the rights of workers overseas, and strengthening
transparency requirements to ensure NGOs and other interested groups
have sufficient notice and information about potential OPIC-supported
projects.
We all are aware of the unfortunate history associated with
extractive industry projects and developing countries. Our bill ensures
that OPIC projects will conform to principles and standards developed
by the Extractive Industry Transparency Initiative. The
[[Page 8561]]
transparency for extraction investments is a new subsection created by
the bill to ensure that countries with extractive industry projects
will put in place functioning systems to allow accurate accounting,
regular independent audits and broader accountability. Ultimately, this
will be an important tool for preventing fraud, bribery and corruption
in host countries with extractive projects.
This legislation will also ensure greater transparency for how the
Corporation operates. It directs OPIC to provide more detailed
information in advance about potential projects so NGOs and other
groups can determine their impact. The bill ensures that NGOs and other
interested groups will have adequate notice and information about
potential OPIC-supported projects, prior to Board meeting votes on OPIC
assistance.
I would like to reiterate that OPIC is an important foreign policy
tool that encourages U.S. private sector companies to invest in poorer
countries and improve their economic and social development. I want to
make sure OPIC can continue to do its good work, but I also want to
ensure that OPIC adheres to the highest labor and environmental
standards, incorporates stringent accountability measures towards
extractive industry projects, and promotes a green investment agenda.
In conclusion, I urge my colleagues to approve the Overseas Private
Investment Corporation Reauthorization Act of 2009 and join in this
effort.
______
By Mr. AKAKA (for himself and Mr. Voinovich):
S. 707. A bill to enhance the Federal Telework Program; to the
Committee on Homeland Security and Governmental Affairs.
Mr. AKAKA. Mr. President, today I introduce the Telework Enhancement
Act of 2009 to allow greater workplace flexibility for Federal workers
and agencies. I am pleased to be joined in this effort by my good
friend, Senator George Voinovich.
Flexible work arrangements referred to generally as ``telework'' have
emerged as an important part of Federal agencies' management tools and
continuity of operations plans during emergencies, allowing employees
to work from home or a remote location. As the Internet and
technologies have advanced and become integrated into the modern work
environment, opportunities for employees to securely and efficiently
perform their official duties from a remote location also have
expanded.
Last Congress, as Chairman of the Subcommittee on Oversight of
Government Management, the Federal Workforce, and the District of
Columbia, I joined Ranking Member Voinovich in holding a hearing to
assess telework policies and initiatives within the Federal Government.
Witnesses testified to the benefits of increased telework opportunities
within the Federal workforce, including lower vehicle emissions
associated with commuting, better work-life balance, reduced overhead
costs for agencies, and increased trust and communication between
employees and their managers.
Expanding telework options helps the Federal Government attract and
retain talented employees. With a large portion of the Federal
workforce eligible for retirement in the coming years, it is essential
for agencies to develop management tools to enhance recruitment and
retention. This bill would provide Federal agencies with an important
tool to remain competitive in the modern workplace and would offer a
flexible option for human capital management.
Despite these benefits, witnesses also testified that many agencies
hesitate to implement broad telework programs. The witnesses cite
agency leadership and management resistance as the greatest barriers to
the development of robust telework policies. Even the head of the
Patent and Trademark Office acknowledged that without his persistent
leadership and commitment to telework, the PTO would not have the
beneficial program that it does today.
In the past, Congress has approved provisions in appropriations bills
to enhance telework opportunities within the Federal Government and
encouraged agencies to implement comprehensive telework programs.
However, Congress has not approved an authorization bill to make all
Federal employees presumptively eligible to telework unless an
employing agency expressly determined otherwise. Last Congress I
offered an amendment in the nature of a substitute to S. 1000, a
telework bill introduced by Senators Stevens and Landrieu. My amendment
was adopted by the Committee on Homeland Security and Governmental
Affairs and the amended bill was reported on the floor of the Senate.
The Telework Enhancement Act of 2009 builds on those efforts by
laying the groundwork for robust telework policies in each executive
agency. The Office of Personnel Management, OPM, would work with
agencies to provide guidance and consultation on telework policies and
goals. A Telework Managing Officer, TMO, would also be created within
each agency. The TMO's primary responsibilities would be to monitor and
develop agency telework policies, and act as a resource for employees
and managers on telework issues.
This bill does more than provide guidelines for the development of
robust telework policies; it prohibits discrimination against employees
who chose to telework, guaranteeing those employees will not be
disadvantaged in performance evaluations, pay, or benefits. This bill
also holds agencies accountable by requiring the submission of telework
data to OPM. OPM is then responsible for submitting an annual report to
Congress, which summarizes the telework data and reports on the
progress of each agency in achieving its telework goals.
I am proud to join Senator Voinovich in introducing the Telework
Enhancement Act of 2009. We must make sure agencies have the tools
necessary to make the Federal Government an employer of choice in the
twenty-first century; enhancing telework options will further that
goal. I urge my colleagues to support this legislation
Mr. President, I ask unanimous consent that the text of the bill be
printed in the Record.
There being no objection, the text of the bill was ordered to be
printed in the Record, as follows:
S. 707
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Telework Enhancement Act of
2009''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Employee.--The term ``employee'' has the meaning given
that term under section 2105 of title 5, United States Code.
(2) Executive agency.--Except as provided in section 7, the
term ``executive agency'' has the meaning given that term
under section 105 of title 5, United States Code.
(3) Telework.--The term ``telework'' means a work
arrangement in which an employee performs officially assigned
duties at home or other worksites geographically convenient
to the residence of the employee.
SEC. 3. EXECUTIVE AGENCIES TELEWORK REQUIREMENT.
(a) Telework Eligibility.--Not later than 180 days after
the date of enactment of this Act, the head of each executive
agency shall--
(1) establish a policy under which eligible employees of
the agency may be authorized to telework;
(2) determine the eligibility for all employees of the
agency to participate in telework; and
(3) notify all employees of the agency of their eligibility
to telework.
(b) Participation.--The policy described under subsection
(a) shall--
(1) ensure that telework does not diminish employee
performance or agency operations;
(2) require a written agreement that--
(A) is entered into between an agency manager and an
employee authorized to telework, that outlines the specific
work arrangement that is agreed to; and
(B) is mandatory in order for any employee to participate
in telework;
(3) provide that an employee may not be authorized to
telework if the performance of that employee does not comply
with the terms of the written agreement between the agency
manager and that employee;
(4) except in emergency situations as determined by the
head of an agency, not apply to any employee of the agency
whose official duties require on a daily basis (every work
day)--
[[Page 8562]]
(A) direct handling of secure materials; or
(B) on-site activity that cannot be handled remotely or at
an alternate worksite; and
(5) be incorporated as part of the continuity of operations
plans of the agency in the event of an emergency.
SEC. 4. TRAINING AND MONITORING.
(a) In General.--The head of each executive agency shall
ensure that--
(1) an interactive telework training program is provided
to--
(A) employees eligible to participate in the telework
program of the agency; and
(B) all managers of teleworkers;
(2) except as provided under subsection (b), an employee
has successfully completed the interactive telework training
program before that employee enters into a written agreement
to telework described under section 3(b)(2);
(3) no distinction is made between teleworkers and
nonteleworkers for purposes of--
(A) periodic appraisals of job performance of employees;
(B) training, rewarding, reassigning, promoting, reducing
in grade, retaining, and removing employees;
(C) work requirements; or
(D) other acts involving managerial discretion; and
(4) when determining what constitutes diminished employee
performance, the agency shall consult the established
performance management guidelines of the Office of Personnel
Management.
(b) Training Requirement Exemptions.--The head of an
executive agency may provide for an exemption from the
training requirements under subsection (a), if the head of
that agency determines that the training would be unnecessary
because the employee is already teleworking under a work
arrangement in effect before the date of enactment of this
Act.
SEC. 5. POLICY AND SUPPORT.
(a) Agency Consultation With the Office of Personnel
Management.--Each executive agency shall consult with the
Office of Personnel Management in developing telework
policies.
(b) Guidance and Consultation.--The Office of Personnel
Management shall--
(1) provide policy and policy guidance for telework in the
areas of pay and leave, agency closure, performance
management, official worksite, recruitment and retention, and
accommodations for employees with disabilities;
(2) assist each agency in establishing appropriate
qualitative and quantitative measures and teleworking goals;
and
(3) consult with--
(A) the Federal Emergency Management Agency on policy and
policy guidance for telework in the areas of continuation of
operations and long-term emergencies; and
(B) the General Services Administration on policy and
policy guidance for telework in the areas of telework
centers, travel, technology, equipment, and dependent care.
(c) Continuity of Operations Plans.--
(1) Incorporation into continuity of operations plans.--
Each executive agency shall incorporate telework into the
continuity of operations plan of that agency.
(2) Continuity of operations plans supersede telework
policy.--During any period that an executive agency is
operating under a continuity of operations plan, that plan
shall supersede any telework policy.
(d) Telework Website.--The Office of Personnel Management
shall--
(1) maintain a central telework website; and
(2) include on that website related--
(A) telework links;
(B) announcements;
(C) guidance developed by the Office of Personnel
Management; and
(D) guidance submitted by the Federal Emergency Management
Agency, and the General Services Administration to the Office
of Personnel Management not later than 10 business days after
the date of submission.
SEC. 6. TELEWORK MANAGING OFFICER.
(a) In General.--
(1) Designation.--The head of each executive agency shall
designate an employee of the agency as the Telework Managing
Officer. The Telework Managing Officer shall be established
within the Office of the Chief Human Capital Officer or a
comparable office with similar functions.
(2) Telework coordinators.--
(A) Appropriations act, 2004.--Section 627 of the
Departments of Commerce, Justice, and State, the Judiciary,
and Related Agencies Appropriations Act, 2004 (Public Law
108-199; 118 Stat. 99) is amended by striking ``designate a
`Telework Coordinator' to be'' and inserting ``designate a
Telework Managing Officer to be''.
(B) Appropriations act, 2005.--Section 622 of the
Departments of Commerce, Justice, and State, the Judiciary,
and Related Agencies Appropriations Act, 2005 (Public Law
108-447; 118 Stat. 2919) is amended by striking ``designate a
`Telework Coordinator' to be'' and inserting ``designate a
Telework Managing Officer to be''.
(b) Duties.--The Telework Managing Officer shall--
(1) be devoted to policy development and implementation
related to agency telework programs;
(2) serve as--
(A) an advisor for agency leadership, including the Chief
Human Capital Officer;
(B) a resource for managers and employees;
(C) a primary agency point of contact for the Office of
Personnel Management on telework matters; and
(3) perform other duties as the applicable delegating
authority may assign.
SEC. 7. REPORTS.
(a) Definition.--In this section, the term ``executive
agency'' shall not include the Government Accountability
Office.
(b) Reports by the Office of Personnel Management.--
(1) Submission of reports.--Not later than 18 months after
the date of enactment of this Act and on an annual basis
thereafter, the Director of the Office of Personnel
Management, in consultation with Chief Human Capital Officers
Council, shall--
(A) submit a report addressing the telework programs of
each executive agency to--
(i) the Committee on Homeland Security and Governmental
Affairs of the Senate; and
(ii) the Committee on Oversight and Government Reform of
the House of Representatives; and
(B) transmit a copy of the report to the Comptroller
General and the Office of Management and Budget.
(2) Contents.--Each report submitted under this subsection
shall include--
(A) the degree of participation by employees of each
executive agency in teleworking during the period covered by
the report, (and for each executive agency whose head is
referred to under section 5312 of title 5, United States
Code, the degree of participation in each bureau, division,
or other major administrative unit of that agency),
including--
(i) the total number of employees in the agency;
(ii) the number and percent of employees in the agency who
are eligible to telework; and
(iii) the number and percent of eligible employees in the
agency who are teleworking--
(I) 3 or more days per pay period;
(II) 1 or 2 days per pay period;
(III) once per month; and
(IV) on an occasional, episodic, or short-term basis;
(B) the method for gathering telework data in each agency;
(C) if the total number of employees teleworking is 10
percent higher or lower than the previous year in any agency,
the reasons for the positive or negative variation;
(D) the agency goal for increasing participation to the
extent practicable or necessary for the next reporting
period, as indicated by the percent of eligible employees
teleworking in each frequency category described under
subparagraph (A)(iii);
(E) an explanation of whether or not the agency met the
goals for the last reporting period and, if not, what actions
are being taken to identify and eliminate barriers to
maximizing telework opportunities for the next reporting
period;
(F) an assessment of the progress each agency has made in
meeting agency participation rate goals during the reporting
period, and other agency goals relating to telework, such as
the impact of telework on--
(i) emergency readiness;
(ii) energy use;
(iii) recruitment and retention;
(iv) performance;
(v) productivity; and
(vi) employee attitudes and opinions regarding telework;
and
(G) the best practices in agency telework programs.
(c) Comptroller General Reports.--
(1) Report on government accountability office telework
program.--
(A) In general.--Not later than 18 months after the date of
enactment of this Act and on an annual basis thereafter, the
Comptroller General shall submit a report addressing the
telework program of the Government Accountability Office to--
(i) the Committee on Homeland Security and Governmental
Affairs of the Senate; and
(ii) the Committee on Oversight and Government Reform of
the House of Representatives.
(B) Contents.--Each report submitted by the Comptroller
General shall include the same information as required under
subsection (b) applicable to the Government Accountability
Office.
(2) Report to congress on office of personnel management
report.--Not later than 6 months after the submission of the
first report to Congress required under subsection (b), the
Comptroller General shall review that report required under
subsection (b) and submit a report to Congress on the
progress each executive agency has made towards the goals
established under section 5(b)(2).
(d) Chief Human Capital Officer Reports.--
(1) In general.--Each year the Chief Human Capital Officer
of each executive agency, in consultation with the Telework
Managing Officer of that agency, shall submit a report to the
Chair and Vice Chair of the Chief Human Capital Officers
Council on agency management efforts to promote telework.
(2) Review and inclusion of relevant information.--The
Chair and Vice Chair of the Chief Human Capital Officers
Council shall--
[[Page 8563]]
(A) review the reports submitted under paragraph (1);
(B) include relevant information from the submitted reports
in the annual report to Congress required under subsection
(b); and
(C) use that relevant information for other purposes
related to the strategic management of human capital.
SEC. 8. AUTHORITY FOR TELEWORK TRAVEL EXPENSES TEST PROGRAMS.
(a) In General.--Chapter 57 of title 5, United States Code,
is amended by inserting after section 5710 the following:
``Sec. 5711. Authority for telework travel expenses test
programs
``(a)(1) Notwithstanding any other provision of this
subchapter, under a test program which the Administrator of
General Services determines to be in the interest of the
Government and approves, an employing agency may pay through
the proper disbursing official any necessary travel expenses
in lieu of any payment otherwise authorized or required under
this subchapter for employees participating in a telework
program. An agency shall include in any request to the
Administrator for approval of such a test program an analysis
of the expected costs and benefits and a set of criteria for
evaluating the effectiveness of the program.
``(2) Any test program conducted under this section shall
be designed to enhance cost savings or other efficiencies
that accrue to the Government.
``(3) Under any test program, if an agency employee
voluntarily relocates from the pre-existing duty station of
that employee, the Administrator may authorize the employing
agency to establish a reasonable maximum number of occasional
visits to the pre-existing duty station before that employee
is eligible for payment of any accrued travel expenses by
that agency.
``(4) Nothing in this section is intended to limit the
authority of any agency to conduct test programs.
``(b) The Administrator shall transmit a copy of any test
program approved by the Administrator under this section, and
the rationale for approval, to the appropriate committees of
Congress at least 30 days before the effective date of the
program.
``(c)(1) An agency authorized to conduct a test program
under subsection (a) shall provide to the Administrator, the
Telework Managing Officer of that agency, and the appropriate
committees of Congress a report on the results of the program
not later than 3 months after completion of the program.
``(2) The results in a report described under paragraph (1)
may include--
``(A) the number of visits an employee makes to the pre-
existing duty station of that employee;
``(B) the travel expenses paid by the agency;
``(C) the travel expenses paid by the employee; or
``(D) any other information the agency determines useful to
aid the Administrator, Telework Managing Officer, and
Congress in understanding the test program and the impact of
the program.
``(d) No more than 10 test programs under this section may
be conducted simultaneously.
``(e) The authority to conduct test programs under this
section shall expire 7 years after the date of the enactment
of the Telework Enhancement Act of 2009.''.
(b) Technical and Conforming Amendment.--The table of
sections for chapter 57 of title 5, United States Code, is
amended by inserting after the item relating to section 5710
the following:
``5711. Authority for telework travel expenses test programs.''.
Mr. VOINOVICH. Mr. President, I am pleased to join my good friend and
partner on human capital issues, Senator Daniel K. Akaka, in
introducing the Telework Enhancement Act of 2009.
One of my top priorities as a Senator has been to transform the
culture of the Federal workforce, something I conscientiously undertook
with the city and State workforces as Mayor of Cleveland and Governor
of Ohio. I know that investing in our workforce pays off.
We have an aging workforce that has difficulty attracting young
people to public service careers. The image of the public sector can be
bureaucratic--an impression that too often discourages young, creative
college graduates. We must be able to recruit the best candidates,
provide training and professional development opportunities, and reward
good performance.
To compete as an employer of choice in the fast-paced 21st century
knowledge economy and improve our competitiveness, we need to create an
environment that supports those with the desire and commitment to
serve. Just as other aspects of their lives have been informed by
technology, we need to acknowledge that this next generation will have
different expectations of what it means to go to work. The growth of
Web 2.0 hand held devices makes it far more likely that working anytime
from most anywhere will be the new norm.
As I stated in my 2000 report to the President on the Crisis in Human
Capital, Federal agencies should enable as many employees as possible
to telecommute or participate in other types of flexible workplace
programs. Not only would this make Federal service more attractive to
many employees, especially parents of young children, it has the
potential to reduce traffic congestion and pollution in large
metropolitan areas. According to the Telework Exchange, the average
round trip commute is 50 miles, and commuters spend an average of 264
hours per year commuting. Looking at the Federal Government, if all
Federal employees who are eligible to telework full time were to do so,
the Federal workforce could realize $13.9 billion savings in commuting
costs annually and eliminate 21.5 billion pounds of pollutants out of
the environment each year. Though more difficult to quantify, but
equally important, is the improved work/life balance which has a
positive effect on employee morale. An additional reason that was made
plain on September 11, 2001, is the need for a workforce that can be
dispersed and decentralized so that essential functions can continue
during an emergency.
The legislation we introduce today helps ensure that executive
agencies better integrate telework into their human capital planning,
establishes a level playing field for employees who voluntarily elect
to telework, and improves program accountability.
According to the most recent OPM survey on Federal human capital,
only 22 percent of employees when asked about work/life and family
friendly benefits said that they were satisfied with current telework/
telecommuting opportunities. Another 37 percent responded that they had
no basis to judge. Even though teleworking has increased since OPM
began reporting in 2001, participation is far short of what it should
be and what the Federal workforce needs if our government is to remain
an employer of choice. While most Federal agencies have made progress,
the overall number of teleworkers decreased by approximately 15,000
employees between 2006 and 2007, according to the Office of Personnel
Management. In addition, less than 8 percent of eligible Federal
employees telework regularly.
I urge my colleagues to join Senator Akaka and me in ensuring the
Federal Government better integrates telework into its operational
plans.
______
By Mr. AKAKA (for himself, Mr. Inouye, Ms. Murkowski, and Mr.
Begich):
S 708. A bill to express the policy of the United States regarding
the United States relationship with Native Hawaiians, to provide a
process for the reorganization of a Native Hawaiian government and the
recognition by the United States of the Native Hawaiian government, and
for other purposes; to the Committee on Indian Affairs.
Mr. AKAKA. Mr. President, today I, along with members of the Hawaii
Congressional Delegation, introduce a modified version of the Native
Hawaiian Government Reorganization Act of 2009. In order to address
concerns that have been raised, a new section prohibiting gaming has
been included. With the exception of this one section, the resulting
Senate bill and House bill preserve the language of S. 381 and H.R.
862, respectively; that were previously introduced on February 4, 2009.
The legislation we introduce today is the legislation we will seek to
move forward with toward enactment.
I am not a proponent of gaming. Our legislation would not legalize
gaming by Native Hawaiians or the Native Hawaiian government in the
State of Hawaii, any other state, or the territories. I reiterate to my
colleagues, as well as the people of this Nation that all forms of
gambling are illegal in Hawaii and the Native Hawaiian government will
be subject to all State and Federal laws. The legislation we introduce
today with this added gaming prohibition provision simply clarifies our
intent.
Let me be clear for the record and for my colleagues that this bill
is not
[[Page 8564]]
about gaming. Rather it is about providing Federal recognition to
Native Hawaiians so they may have the opportunity to enjoy the same
government-to-government relationship with the U.S. provided to Alaska
Natives and American Indians. The indigenous people of Hawaii, Native
Hawaiians, have not been extended the Federal policy of self-governance
and self-determination. The legislation provides parity and authorizes
a process to federally recognize Native Hawaiians. The legislation is
consistent with Federal law and maintains efforts by the U.S.
Government and State of Hawaii to address the unique needs of Native
Hawaiians and empower them to perpetuate their culture, language, and
traditions.
The United States has committed itself to a process of reconciliation
with the indigenous people of Hawaii. Recognizing and upholding this
U.S. responsibility for Native Hawaiians, the legislation allows us to
take the next necessary step in the reconciliation process. The
legislation does three things. First, it authorizes an Office within
the Department of Interior to serve as a liaison between Native
Hawaiians and the U.S. Second, it forms an Interagency Task Force
cochaired by the Departments of Interior and Justice and comprised of
officials from Federal agencies administering programs and services
impacting Native Hawaiians. Third, it authorizes the process for the
reorganization of a Native Hawaiian government for the purposes of a
federally recognized government-to-government relationship. Once the
Native Hawaiian government is recognized, the bill establishes an
inclusive democratic negotiations process representing both Native
Hawaiians and non-Native Hawaiians. There are many checks and balances
in this process and any agreements reached during the negotiations
process will require implementing legislation at the State and Federal
levels.
This legislation will go a long way to address issues present in my
home State. It is clear there are longstanding and unresolved issues
resulting from the 1893 U.S. overthrow of the kingdom of Hawaii.
Progress to address these issues have been limited as there has been no
government-to-government relationship to facilitate discussions or
implement agreements. However, with the structured process in the bill
the people of Hawaii will be empowered to come together, resolve these
issues, and move proudly forward together as a State.
The bill remains the product of the dedicated and mindful work of the
five working groups that drafted the original bill that passed the U.S.
House of Representatives in 2000. Individuals from the Native Hawaiian
community, elected officials from the State of Hawaii, representatives
from Federal agencies, Members of Congress, as well as leaders from
Indian country and experts in constitutional law contributed to this
bill. These working groups ensured that all parties that had expertise
and would work to implement the bill had an opportunity to participate
in the drafting process.
Over the last 9 years there has been significant public input and
congressional oversight. This bill benefits from the input received
during the nine congressional hearings, including six joint House
Natural Resources Committee and Senate Indian Affairs Committee
hearings, five of which were held in Hawaii. The bill introduced today
provides a constitutionally sound foundation for us to build upon. I
encourage my colleagues to join Senator Inouye and me in enacting this
legislation.
Mr. President, I ask unanimous consent that the text of the bill be
printed in the Record.
There being no objection, the text of the bill was ordered to be
printed in the Record, as follows:
S. 708
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. FINDINGS.
Congress makes the following findings:
(1) The Constitution vests Congress with the authority to
address the conditions of the indigenous, native people of
the United States.
(2) Native Hawaiians, the native people of the Hawaiian
archipelago which is now part of the United States, are
indigenous, native people of the United States.
(3) The United States has a special trust relationship to
promote the welfare of the native people of the United
States, including Native Hawaiians.
(4) Under the treaty making power of the United States,
Congress exercised its constitutional authority to confirm a
treaty between the United States and the government that
represented the Hawaiian people, and from 1826 until 1893,
the United States recognized the independence of the Kingdom
of Hawaii, extended full diplomatic recognition to the
Hawaiian government, and entered into treaties and
conventions with the Hawaiian monarchs to govern commerce and
navigation in 1826, 1842, 1849, 1875, and 1887.
(5) Pursuant to the provisions of the Hawaiian Homes
Commission Act, 1920 (42 Stat. 108, chapter 42), the United
States set aside 203,500 acres of land in the Federal
territory that later became the State of Hawaii to address
the conditions of Native Hawaiians.
(6) By setting aside 203,500 acres of land for Native
Hawaiian homesteads and farms, the Act assists the Native
Hawaiian community in maintaining distinct native settlements
throughout the State of Hawaii.
(7) Approximately 6,800 Native Hawaiian lessees and their
family members reside on Hawaiian Home Lands and
approximately 18,000 Native Hawaiians who are eligible to
reside on the Home Lands are on a waiting list to receive
assignments of land.
(8) In 1959, as part of the compact admitting Hawaii into
the United States, Congress established the Ceded Lands Trust
for 5 purposes, 1 of which is the betterment of the
conditions of Native Hawaiians. Such trust consists of
approximately 1,800,000 acres of land, submerged lands, and
the revenues derived from such lands, the assets of which
have never been completely inventoried or segregated.
(9) Throughout the years, Native Hawaiians have repeatedly
sought access to the Ceded Lands Trust and its resources and
revenues in order to establish and maintain native
settlements and distinct native communities throughout the
State.
(10) The Hawaiian Home Lands and the Ceded Lands provide an
important foundation for the ability of the Native Hawaiian
community to maintain the practice of Native Hawaiian
culture, language, and traditions, and for the survival of
the Native Hawaiian people.
(11) Native Hawaiians have maintained other distinctly
native areas in Hawaii.
(12) On November 23, 1993, Public Law 103-150 (107 Stat.
1510) (commonly known as the Apology Resolution) was enacted
into law, extending an apology on behalf of the United States
to the Native people of Hawaii for the United States role in
the overthrow of the Kingdom of Hawaii.
(13) The Apology Resolution acknowledges that the overthrow
of the Kingdom of Hawaii occurred with the active
participation of agents and citizens of the United States and
further acknowledges that the Native Hawaiian people never
directly relinquished their claims to their inherent
sovereignty as a people over their national lands to the
United States, either through their monarchy or through a
plebiscite or referendum.
(14) The Apology Resolution expresses the commitment of
Congress and the President to acknowledge the ramifications
of the overthrow of the Kingdom of Hawaii and to support
reconciliation efforts between the United States and Native
Hawaiians; and to have Congress and the President, through
the President's designated officials, consult with Native
Hawaiians on the reconciliation process as called for under
the Apology Resolution.
(15) Despite the overthrow of the Hawaiian government,
Native Hawaiians have continued to maintain their separate
identity as a distinct native community through the formation
of cultural, social, and political institutions, and to give
expression to their rights as native people to self-
determination and self-governance as evidenced through their
participation in the Office of Hawaiian Affairs.
(16) Native Hawaiians also maintain a distinct Native
Hawaiian community through the provision of governmental
services to Native Hawaiians, including the provision of
health care services, educational programs, employment and
training programs, children's services, conservation
programs, fish and wildlife protection, agricultural
programs, native language immersion programs and native
language immersion schools from kindergarten through high
school, as well as college and master's degree programs in
native language immersion instruction, and traditional
justice programs, and by continuing their efforts to enhance
Native Hawaiian self-determination and local control.
(17) Native Hawaiians are actively engaged in Native
Hawaiian cultural practices, traditional agricultural
methods, fishing and subsistence practices, maintenance of
cultural use areas and sacred sites, protection of burial
sites, and the exercise of their traditional rights to gather
medicinal plants and herbs, and food sources.
(18) The Native Hawaiian people wish to preserve, develop,
and transmit to future Native Hawaiian generations their
ancestral
[[Page 8565]]
lands and Native Hawaiian political and cultural identity in
accordance with their traditions, beliefs, customs and
practices, language, and social and political institutions,
and to achieve greater self-determination over their own
affairs.
(19) This Act provides for a process within the framework
of Federal law for the Native Hawaiian people to exercise
their inherent rights as a distinct aboriginal, indigenous,
native community to reorganize a Native Hawaiian government
for the purpose of giving expression to their rights as
native people to self-determination and self-governance.
(20) The United States has declared that--
(A) the United States has a special responsibility for the
welfare of the native peoples of the United States, including
Native Hawaiians;
(B) Congress has identified Native Hawaiians as a distinct
indigenous group within the scope of its Indian affairs
power, and has enacted dozens of statutes on their behalf
pursuant to its recognized trust responsibility; and
(C) Congress has also delegated broad authority to
administer a portion of the Federal trust responsibility to
the State of Hawaii.
(21) The United States has recognized and reaffirmed the
special trust relationship with the Native Hawaiian people
through--
(A) the enactment of the Act entitled ``An Act to provide
for the admission of the State of Hawaii into the Union'',
approved March 18, 1959 (Public Law 86-3; 73 Stat. 4) by--
(i) ceding to the State of Hawaii title to the public lands
formerly held by the United States, and mandating that those
lands be held in public trust for 5 purposes, one of which is
for the betterment of the conditions of Native Hawaiians; and
(ii) transferring the United States responsibility for the
administration of the Hawaiian Home Lands to the State of
Hawaii, but retaining the authority to enforce the trust,
including the exclusive right of the United States to consent
to any actions affecting the lands which comprise the corpus
of the trust and any amendments to the Hawaiian Homes
Commission Act, 1920 (42 Stat. 108, chapter 42) that are
enacted by the legislature of the State of Hawaii affecting
the beneficiaries under the Act.
(22) The United States continually has recognized and
reaffirmed that--
(A) Native Hawaiians have a cultural, historic, and land-
based link to the aboriginal, native people who exercised
sovereignty over the Hawaiian Islands;
(B) Native Hawaiians have never relinquished their claims
to sovereignty or their sovereign lands;
(C) the United States extends services to Native Hawaiians
because of their unique status as the aboriginal, native
people of a once sovereign nation with whom the United States
has a political and legal relationship; and
(D) the special trust relationship of American Indians,
Alaska Natives, and Native Hawaiians to the United States
arises out of their status as aboriginal, indigenous, native
people of the United States.
SEC. 2. DEFINITIONS.
In this Act:
(1) Aboriginal, indigenous, native people.--The term
``aboriginal, indigenous, native people'' means those people
whom Congress has recognized as the original inhabitants of
the lands and who exercised sovereignty prior to European
contact in the areas that later became part of the United
States.
(2) Adult members.--The term ``adult members'' means those
Native Hawaiians who have attained the age of 18 at the time
the Secretary publishes the final roll, as provided in
section 7(a)(3) of this Act.
(3) Apology resolution.--The term ``Apology Resolution''
means Public Law 103-150 (107 Stat. 1510), a joint resolution
offering an apology to Native Hawaiians on behalf of the
United States for the participation of agents of the United
States in the January 17, 1893 overthrow of the Kingdom of
Hawaii.
(4) Ceded lands.--The term ``ceded lands'' means those
lands which were ceded to the United States by the Republic
of Hawaii under the Joint Resolution to provide for annexing
the Hawaiian Islands to the United States of July 7, 1898 (30
Stat. 750), and which were later transferred to the State of
Hawaii in the Act entitled ``An Act to provide for the
admission of the State of Hawaii into the Union'' approved
March 18, 1959 (Public Law 86-3; 73 Stat. 4).
(5) Commission.--The term ``Commission'' means the
commission established in section 7 of this Act to certify
that the adult members of the Native Hawaiian community
contained on the roll developed under that section meet the
definition of Native Hawaiian, as defined in paragraph
(7)(A).
(6) Indigenous, native people.--The term ``indigenous,
native people'' means the lineal descendants of the
aboriginal, indigenous, native people of the United States.
(7) Native hawaiian.--
(A) Prior to the recognition by the United States of a
Native Hawaiian government under the authority of section
7(d)(2) of this Act, the term ``Native Hawaiian'' means the
indigenous, native people of Hawaii who are the lineal
descendants of the aboriginal, indigenous, native people who
resided in the islands that now comprise the State of Hawaii
on or before January 1, 1893, and who occupied and exercised
sovereignty in the Hawaiian archipelago, including the area
that now constitutes the State of Hawaii, and includes all
Native Hawaiians who were eligible in 1921 for the programs
authorized by the Hawaiian Homes Commission Act (42 Stat.
108, chapter 42) and their lineal descendants.
(B) Following the recognition by the United States of the
Native Hawaiian government under section 7(d)(2) of this Act,
the term ``Native Hawaiian'' shall have the meaning given to
such term in the organic governing documents of the Native
Hawaiian government.
(8) Native hawaiian government.--The term ``Native Hawaiian
government'' means the citizens of the government of the
Native Hawaiian people that is recognized by the United
States under the authority of section 7(d)(2) of this Act.
(9) Native hawaiian interim governing council.--The term
``Native Hawaiian Interim Governing Council'' means the
interim governing council that is organized under section
7(c) of this Act.
(10) Roll.--The term ``roll'' means the roll that is
developed under the authority of section 7(a) of this Act.
(11) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(12) Task force.--The term ``Task Force'' means the Native
Hawaiian Interagency Task Force established under the
authority of section 6 of this Act.
SEC. 3. UNITED STATES POLICY AND PURPOSE.
(a) Policy.--The United States reaffirms that--
(1) Native Hawaiians are a unique and distinct aboriginal,
indigenous, native people, with whom the United States has a
political and legal relationship;
(2) the United States has a special trust relationship to
promote the welfare of Native Hawaiians;
(3) Congress possesses the authority under the Constitution
to enact legislation to address the conditions of Native
Hawaiians and has exercised this authority through the
enactment of--
(A) the Hawaiian Homes Commission Act, 1920 (42 Stat. 108,
chapter 42);
(B) the Act entitled ``An Act to provide for the admission
of the State of Hawaii into the Union'', approved March 18,
1959 (Public Law 86-3; 73 Stat. 4); and
(C) more than 150 other Federal laws addressing the
conditions of Native Hawaiians;
(4) Native Hawaiians have--
(A) an inherent right to autonomy in their internal
affairs;
(B) an inherent right of self-determination and self-
governance;
(C) the right to reorganize a Native Hawaiian government;
and
(D) the right to become economically self-sufficient; and
(5) the United States shall continue to engage in a process
of reconciliation and political relations with the Native
Hawaiian people.
(b) Purpose.--It is the intent of Congress that the purpose
of this Act is to provide a process for the reorganization of
a Native Hawaiian government and for the recognition by the
United States of the Native Hawaiian government for purposes
of continuing a government-to-government relationship.
SEC. 4. ESTABLISHMENT OF THE UNITED STATES OFFICE FOR NATIVE
HAWAIIAN AFFAIRS.
(a) In General.--There is established within the Office of
the Secretary the United States Office for Native Hawaiian
Affairs.
(b) Duties of the Office.--The United States Office for
Native Hawaiian Affairs shall--
(1) effectuate and coordinate the special trust
relationship between the Native Hawaiian people and the
United States through the Secretary, and with all other
Federal agencies;
(2) upon the recognition of the Native Hawaiian government
by the United States as provided for in section 7(d)(2) of
this Act, effectuate and coordinate the special trust
relationship between the Native Hawaiian government and the
United States through the Secretary, and with all other
Federal agencies;
(3) fully integrate the principle and practice of
meaningful, regular, and appropriate consultation with the
Native Hawaiian people by providing timely notice to, and
consulting with the Native Hawaiian people prior to taking
any actions that may affect traditional or current Native
Hawaiian practices and matters that may have the potential to
significantly or uniquely affect Native Hawaiian resources,
rights, or lands, and upon the recognition of the Native
Hawaiian government as provided for in section 7(d)(2) of
this Act, fully integrate the principle and practice of
meaningful, regular, and appropriate consultation with the
Native Hawaiian government by providing timely notice to, and
consulting with the Native Hawaiian people and the Native
Hawaiian government prior to taking any actions that may have
the potential to significantly affect Native Hawaiian
resources, rights, or lands;
[[Page 8566]]
(4) consult with the Native Hawaiian Interagency Task
Force, other Federal agencies, and with relevant agencies of
the State of Hawaii on policies, practices, and proposed
actions affecting Native Hawaiian resources, rights, or
lands;
(5) be responsible for the preparation and submittal to the
Committee on Indian Affairs of the Senate, the Committee on
Energy and Natural Resources of the Senate, and the Committee
on Resources of the House of Representatives of an annual
report detailing the activities of the Interagency Task Force
established under section 6 of this Act that are undertaken
with respect to the continuing process of reconciliation and
to effect meaningful consultation with the Native Hawaiian
people and the Native Hawaiian government and providing
recommendations for any necessary changes to existing Federal
statutes or regulations promulgated under the authority of
Federal law;
(6) be responsible for continuing the process of
reconciliation with the Native Hawaiian people, and upon the
recognition of the Native Hawaiian government by the United
States as provided for in section 7(d)(2) of this Act, be
responsible for continuing the process of reconciliation with
the Native Hawaiian government; and
(7) assist the Native Hawaiian people in facilitating a
process for self-determination, including but not limited to
the provision of technical assistance in the development of
the roll under section 7(a) of this Act, the organization of
the Native Hawaiian Interim Governing Council as provided for
in section 7(c) of this Act, and the recognition of the
Native Hawaiian government as provided for in section 7(d) of
this Act.
(c) Authority.--The United States Office for Native
Hawaiian Affairs is authorized to enter into a contract with
or make grants for the purposes of the activities authorized
or addressed in section 7 of this Act for a period of 3 years
from the date of enactment of this Act.
SEC. 5. DESIGNATION OF DEPARTMENT OF JUSTICE REPRESENTATIVE.
The Attorney General shall designate an appropriate
official within the Department of Justice to assist the
United States Office for Native Hawaiian Affairs in the
implementation and protection of the rights of Native
Hawaiians and their political, legal, and trust relationship
with the United States, and upon the recognition of the
Native Hawaiian government as provided for in section 7(d)(2)
of this Act, in the implementation and protection of the
rights of the Native Hawaiian government and its political,
legal, and trust relationship with the United States.
SEC. 6. NATIVE HAWAIIAN INTERAGENCY TASK FORCE.
(a) Establishment.--There is established an interagency
task force to be known as the ``Native Hawaiian Interagency
Task Force''.
(b) Composition.--The Task Force shall be composed of
officials, to be designated by the President, from--
(1) each Federal agency that establishes or implements
policies that affect Native Hawaiians or whose actions may
significantly or uniquely impact on Native Hawaiian
resources, rights, or lands;
(2) the United States Office for Native Hawaiian Affairs
established under section 4 of this Act; and
(3) the Executive Office of the President.
(c) Lead Agencies.--The Department of the Interior and the
Department of Justice shall serve as the lead agencies of the
Task Force, and meetings of the Task Force shall be convened
at the request of either of the lead agencies.
(d) Co-Chairs.--The Task Force representative of the United
States Office for Native Hawaiian Affairs established under
the authority of section 4 of this Act and the Attorney
General's designee under the authority of section 5 of this
Act shall serve as co-chairs of the Task Force.
(e) Duties.--The responsibilities of the Task Force shall
be--
(1) the coordination of Federal policies that affect Native
Hawaiians or actions by any agency or agencies of the Federal
Government which may significantly or uniquely impact on
Native Hawaiian resources, rights, or lands;
(2) to assure that each Federal agency develops a policy on
consultation with the Native Hawaiian people, and upon
recognition of the Native Hawaiian government by the United
States as provided in section 7(d)(2) of this Act,
consultation with the Native Hawaiian government; and
(3) to assure the participation of each Federal agency in
the development of the report to Congress authorized in
section 4(b)(5) of this Act.
SEC. 7. PROCESS FOR THE DEVELOPMENT OF A ROLL FOR THE
ORGANIZATION OF A NATIVE HAWAIIAN INTERIM
GOVERNING COUNCIL, FOR THE ORGANIZATION OF A
NATIVE HAWAIIAN INTERIM GOVERNING COUNCIL AND A
NATIVE HAWAIIAN GOVERNMENT, AND FOR THE
RECOGNITION OF THE NATIVE HAWAIIAN GOVERNMENT.
(a) Roll.--
(1) Preparation of roll.--The United States Office for
Native Hawaiian Affairs shall assist the adult members of the
Native Hawaiian community who wish to participate in the
reorganization of a Native Hawaiian government in preparing a
roll for the purpose of the organization of a Native Hawaiian
Interim Governing Council. The roll shall include the names
of the--
(A) adult members of the Native Hawaiian community who wish
to become citizens of a Native Hawaiian government and who
are--
(i) the lineal descendants of the aboriginal, indigenous,
native people who resided in the islands that now comprise
the State of Hawaii on or before January 1, 1893, and who
occupied and exercised sovereignty in the Hawaiian
archipelago; or
(ii) Native Hawaiians who were eligible in 1921 for the
programs authorized by the Hawaiian Homes Commission Act (42
Stat. 108, chapter 42) or their lineal descendants; and
(B) the children of the adult members listed on the roll
prepared under this subsection.
(2) Certification and submission.--
(A) Commission.--
(i) In general.--There is authorized to be established a
Commission to be composed of 9 members for the purpose of
certifying that the adult members of the Native Hawaiian
community on the roll meet the definition of Native Hawaiian,
as defined in section 2(7)(A) of this Act.
(ii) Membership.--
(I) Appointment.--The Secretary shall appoint the members
of the Commission in accordance with subclause (II). Any
vacancy on the Commission shall not affect its powers and
shall be filled in the same manner as the original
appointment.
(II) Requirements.--The members of the Commission shall be
Native Hawaiian, as defined in section 2(7)(A) of this Act,
and shall have expertise in the certification of Native
Hawaiian ancestry.
(III) Congressional submission of suggested candidates.--In
appointing members of the Commission, the Secretary may
choose such members from among--
(aa) five suggested candidates submitted by the Majority
Leader of the Senate and the Minority Leader of the Senate
from a list of candidates provided to such leaders by the
Chairman and Vice Chairman of the Committee on Indian Affairs
of the Senate; and
(bb) four suggested candidates submitted by the Speaker of
the House of Representatives and the Minority Leader of the
House of Representatives from a list provided to the Speaker
and the Minority Leader by the Chairman and Ranking member of
the Committee on Resources of the House of Representatives.
(iii) Expenses.--Each member of the Commission shall be
allowed travel expenses, including per diem in lieu of
subsistence, at rates authorized for employees of agencies
under subchapter I of chapter 57 of title 5, United States
Code, while away from their homes or regular places of
business in the performance of services for the Commission.
(B) Certification.--The Commission shall certify that the
individuals listed on the roll developed under the authority
of this subsection are Native Hawaiians, as defined in
section 2(7)(A) of this Act.
(3) Secretary.--
(A) Certification.--The Secretary shall review the
Commission's certification of the membership roll and
determine whether it is consistent with applicable Federal
law, including the special trust relationship between the
United States and the indigenous, native people of the United
States.
(B) Publication.--Upon making the determination authorized
in subparagraph (A), the Secretary shall publish a final
roll.
(C) Appeal.--
(i) Establishment of mechanism.--The Secretary is
authorized to establish a mechanism for an appeal of the
Commission's determination as it concerns--
(I) the exclusion of the name of a person who meets the
definition of Native Hawaiian, as defined in section 2(7)(A)
of this Act, from the roll; or
(II) a challenge to the inclusion of the name of a person
on the roll on the grounds that the person does not meet the
definition of Native Hawaiian, as so defined.
(ii) Publication; update.--The Secretary shall publish the
final roll while appeals are pending, and shall update the
final roll and the publication of the final roll upon the
final disposition of any appeal.
(D) Failure to act.--If the Secretary fails to make the
certification authorized in subparagraph (A) within 90 days
of the date that the Commission submits the membership roll
to the Secretary, the certification shall be deemed to have
been made, and the Commission shall publish the final roll.
(4) Effect of publication.--The publication of the final
roll shall serve as the basis for the eligibility of adult
members listed on the roll to participate in all referenda
and elections associated with the organization of a Native
Hawaiian Interim Governing Council and the Native Hawaiian
government.
(b) Recognition of Rights.--The right of the Native
Hawaiian people to organize for their common welfare and to
adopt appropriate organic governing documents is hereby
recognized by the United States.
(c) Organization of the Native Hawaiian Interim Governing
Council.--
(1) Organization.--The adult members listed on the roll
developed under the authority of subsection (a) are
authorized to--
(A) develop criteria for candidates to be elected to serve
on the Native Hawaiian Interim Governing Council;
[[Page 8567]]
(B) determine the structure of the Native Hawaiian Interim
Governing Council; and
(C) elect members to the Native Hawaiian Interim Governing
Council.
(2) Election.--Upon the request of the adult members listed
on the roll developed under the authority of subsection (a),
the United States Office for Native Hawaiian Affairs may
assist the Native Hawaiian community in holding an election
by secret ballot (absentee and mail balloting permitted), to
elect the membership of the Native Hawaiian Interim Governing
Council.
(3) Powers.--
(A) In general.--The Native Hawaiian Interim Governing
Council is authorized to represent those on the roll in the
implementation of this Act and shall have no powers other
than those given to it in accordance with this Act.
(B) Funding.--The Native Hawaiian Interim Governing Council
is authorized to enter into a contract or grant with any
Federal agency, including but not limited to, the United
States Office for Native Hawaiian Affairs within the
Department of the Interior and the Administration for Native
Americans within the Department of Health and Human Services,
to carry out the activities set forth in subparagraph (C).
(C) Activities.--
(i) In general.--The Native Hawaiian Interim Governing
Council is authorized to conduct a referendum of the adult
members listed on the roll developed under the authority of
subsection (a) for the purpose of determining (but not
limited to) the following:
(I) The proposed elements of the organic governing
documents of a Native Hawaiian government.
(II) The proposed powers and authorities to be exercised by
a Native Hawaiian government, as well as the proposed
privileges and immunities of a Native Hawaiian government.
(III) The proposed civil rights and protection of such
rights of the citizens of a Native Hawaiian government and
all persons subject to the authority of a Native Hawaiian
government.
(ii) Development of organic governing documents.--Based
upon the referendum, the Native Hawaiian Interim Governing
Council is authorized to develop proposed organic governing
documents for a Native Hawaiian government.
(iii) Distribution.--The Native Hawaiian Interim Governing
Council is authorized to distribute to all adult members of
those listed on the roll, a copy of the proposed organic
governing documents, as drafted by the Native Hawaiian
Interim Governing Council, along with a brief impartial
description of the proposed organic governing documents.
(iv) Consultation.--The Native Hawaiian Interim Governing
Council is authorized to freely consult with those members
listed on the roll concerning the text and description of the
proposed organic governing documents.
(D) Elections.--
(i) In general.--The Native Hawaiian Interim Governing
Council is authorized to hold elections for the purpose of
ratifying the proposed organic governing documents, and upon
ratification of the organic governing documents, to hold
elections for the officers of the Native Hawaiian government.
(ii) Assistance.--Upon the request of the Native Hawaiian
Interim Governing Council, the United States Office of Native
Hawaiian Affairs may assist the Council in conducting such
elections.
(4) Termination.--The Native Hawaiian Interim Governing
Council shall have no power or authority under this Act after
the time at which the duly elected officers of the Native
Hawaiian government take office.
(d) Recognition of the Native Hawaiian Government.--
(1) Process for recognition.--
(A) Submittal of organic governing documents.--The duly
elected officers of the Native Hawaiian government shall
submit the organic governing documents of the Native Hawaiian
government to the Secretary.
(B) Certifications.--Within 90 days of the date that the
duly elected officers of the Native Hawaiian government
submit the organic governing documents to the Secretary, the
Secretary shall certify that the organic governing
documents--
(i) were adopted by a majority vote of the adult members
listed on the roll prepared under the authority of subsection
(a);
(ii) are consistent with applicable Federal law and the
special trust relationship between the United States and the
indigenous native people of the United States;
(iii) provide for the exercise of those governmental
authorities that are recognized by the United States as the
powers and authorities that are exercised by other
governments representing the indigenous, native people of the
United States;
(iv) provide for the protection of the civil rights of the
citizens of the Native Hawaiian government and all persons
subject to the authority of the Native Hawaiian government,
and to assure that the Native Hawaiian government exercises
its authority consistent with the requirements of section 202
of the Act of April 11, 1968 (25 U.S.C. 1302);
(v) prevent the sale, disposition, lease, or encumbrance of
lands, interests in lands, or other assets of the Native
Hawaiian government without the consent of the Native
Hawaiian government;
(vi) establish the criteria for citizenship in the Native
Hawaiian government; and
(vii) provide authority for the Native Hawaiian government
to negotiate with Federal, State, and local governments, and
other entities.
(C) Failure to act.--If the Secretary fails to act within
90 days of the date that the duly elected officers of the
Native Hawaiian government submitted the organic governing
documents of the Native Hawaiian government to the Secretary,
the certifications authorized in subparagraph (B) shall be
deemed to have been made.
(D) Resubmission in case of noncompliance with federal
law.--
(i) Resubmission by the secretary.--If the Secretary
determines that the organic governing documents, or any part
thereof, are not consistent with applicable Federal law, the
Secretary shall resubmit the organic governing documents to
the duly elected officers of the Native Hawaiian government
along with a justification for each of the Secretary's
findings as to why the provisions are not consistent with
such law.
(ii) Amendment and resubmission by the native hawaiian
government.--If the organic governing documents are
resubmitted to the duly elected officers of the Native
Hawaiian government by the Secretary under clause (i), the
duly elected officers of the Native Hawaiian government
shall--
(I) amend the organic governing documents to ensure that
the documents comply with applicable Federal law; and
(II) resubmit the amended organic governing documents to
the Secretary for certification in accordance with
subparagraphs (B) and (C).
(2) Federal recognition.--
(A) Recognition.--Notwithstanding any other provision of
law, upon the election of the officers of the Native Hawaiian
government and the certifications (or deemed certifications)
by the Secretary authorized in paragraph (1), Federal
recognition is hereby extended to the Native Hawaiian
government as the representative governing body of the Native
Hawaiian people.
(B) No diminishment of rights or privileges.--Nothing
contained in this Act shall diminish, alter, or amend any
existing rights or privileges enjoyed by the Native Hawaiian
people which are not inconsistent with the provisions of this
Act.
SEC. 8. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated such sums as may be
necessary to carry out the activities authorized in this Act.
SEC. 9. REAFFIRMATION OF DELEGATION OF FEDERAL AUTHORITY;
NEGOTIATIONS.
(a) Reaffirmation.--The delegation by the United States of
authority to the State of Hawaii to address the conditions of
Native Hawaiians contained in the Act entitled ``An Act to
provide for the admission of the State of Hawaii into the
Union'' approved March 18, 1959 (Public Law 86-3; 73 Stat. 5)
is hereby reaffirmed.
(b) Negotiations.--Upon the Federal recognition of the
Native Hawaiian government pursuant to section 7(d)(2) of
this Act, the United States is authorized to negotiate and
enter into an agreement with the State of Hawaii and the
Native Hawaiian government regarding the transfer of lands,
resources, and assets dedicated to Native Hawaiian use under
existing law as in effect on the date of enactment of this
Act to the Native Hawaiian government.
SEC. 10. APPLICABILITY OF INDIAN GAMING REGULATORY ACT.
(a) Prohibition.--The Native Hawaiian government and Native
Hawaiians may not conduct gaming activities as a matter of
claimed inherent authority or under the authority of any
Federal law, including the Indian Gaming Regulatory Act (25
U.S.C. 2701 et seq.) or under any regulations thereunder
promulgated by the Secretary or the National Indian Gaming
Commission.
(b) Applicability.--The foregoing prohibition in section
10(a) on the use of the Indian Gaming Regulatory Act and
inherent authority to game apply regardless of whether gaming
by Native Hawaiians or the Native Hawaiian government would
be located on land within the State of Hawaii or within any
other State or territory of the United States.
SEC. 11. DISCLAIMER.
Nothing in this Act is intended to serve as a settlement of
any claims against the United States, or to affect the rights
of the Native Hawaiian people under international law.
SEC. 12. REGULATIONS.
The Secretary is authorized to make such rules and
regulations and such delegations of authority as the
Secretary deems necessary to carry out the provisions of this
Act.
SEC. 13. SEVERABILITY.
In the event that any section or provision of this Act, or
any amendment made by this Act is held invalid, it is the
intent of Congress that the remaining sections or provisions
of this Act, and the amendments made by this Act, shall
continue in full force and effect.
______
By Mrs. FEINSTEIN (for herself and Mrs. Boxer):
[[Page 8568]]
S. 709. A bill to better provide for compensation for certain persons
injured in the course of employment at the Santa Susana Field
Laboratory in California; to the Committee on Health, Education, Labor,
and Pensions.
Mrs. FEINSTEIN. Mr. President, I rise today on behalf of myself and
Senator Boxer to reintroduce legislation to enable hundreds of former
Santa Susana Field Laboratory Workers or their survivors to receive
compensation for illnesses caused by exposure to radiation and other
toxic substances.
Specifically, the Santa Susana Fair Compensation Act would provide a
special status designation under the Energy Employees Occupational
Illness Compensation Act to Santa Susana Field Laboratory employees, so
they can receive the benefits they deserve.
In addition, the bill would extend the ``special exposure cohort''
status to Department of Energy employees, Department of Energy contract
employees, or atomic weapons employees who worked at the Santa Susana
Field Laboratory for at least 250 days prior to January 1, 2009.
This revision would ensure that the Act's benefits are available to
any of those workers who developed a radiation-linked cancer due to
their employment at the Santa Susana Field Laboratory.
This bill fulfills the intent of Congress when it approved the act,
providing compensation and care for nuclear program workers who
suffered severe health problems caused by on-the-job exposure to
radiation.
The Santa Susana Field Laboratory is a 2,849-acre facility located
about 30 miles north of downtown Los Angeles.
During the Cold War, it was used for the development and testing of
nuclear reactors and powerful rockets, including those used in
America's space and ballistic missile programs.
Sadly, many workers of the Cold War era were exposed to radiation on
a regular basis. But claims for compensation are hampered by incomplete
and inaccurate records.
Some records show only estimated levels of exposure for workers, and
are imprecise. In other cases, if records were kept, they cannot be
found today.
Many Santa Susana Field Laboratory workers were not aware of the
hazards at their workplace. Remarkably, no protective equipment--like
respirators, gloves, or body suits--was provided to workers.
More than 600 claims for compensation have been filed by Santa Susana
Field Lab workers, but only a small fraction have been approved. A lack
of documentation, or inability to prove exposure thresholds, has
hindered hundreds of claims that may well be legitimate. And, for some
lab workers and their families, it is impossible to reconstruct
exposure scenarios due to records having been destroyed.
Santa Susana Field Lab workers and their families now face the burden
of having to reconstruct exposure scenarios that existed more than 40
years ago, in most cases with little or no documentation.
The case of my constituent, Betty Reo, provides an example of why
this legislation is necessary.
Ms. Reo's husband, Cosmo Reo, worked at the Santa Susana Field
Laboratory as an instrumentation mechanic from April 18, 1957 until May
17, 1960.
Cosmo worked in the rocket testing pits and was exposed to hydrazine,
trichlorithylene, and other cancer-causing chemicals which attack the
lungs, bladder and kidneys.
Cosmo died of renal failure in 1980. Ms. Reo applied for benefits
under the Energy Employees Occupational Illness Compensation Act. She
has been trying to reconstruct the exposure scenarios under which her
husband worked, but without adequate documentation she has been
repeatedly denied benefits.
This bill would help people like Betty Reo, people who lack the
documentation necessary to prove their cases, and those who worked in
any of the four areas of the Santa Susana site.
I urge my colleagues to join me in correcting these injustices and
cutting through the ``red tape'' that prevents Santa Susana Field
Laboratory workers, and their families, from receiving fair
compensation.
For many, such as Ms. Reo, time is running out. We can no longer
afford to delay, and this bill provides a straightforward solution to
fix a broken system.
Mr. President, I ask unanimous consent that the text of the bill be
printed in the Record.
There being no objection, the text of the bill was ordered to be
placed in the Record, as follows:
S. 709
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Santa Susana Fair
Compensation Act''.
SEC. 2. DEFINITION OF MEMBER OF SPECIAL EXPOSURE COHORT.
(a) In General.--Section 3621(14) of the Energy Employees
Occupational Illness Compensation Program Act of 2000 (42
U.S.C. 7384l(14)) is amended by adding at the end the
following new subparagraph:
``(D) The employee was so employed for a number of work
days aggregating at least 250 work days before January 1,
2009, by the Department of Energy or a Department of Energy
contractor or subcontractor at the Santa Susana Field
Laboratory in California.''.
(b) Reapplication.--A claim that an individual qualifies,
by reason of section 3621(14)(D) of the Energy Employees
Occupational Illness Compensation Program Act of 2000 (as
added by subsection (a)), for compensation or benefits under
such Act shall be considered for compensation or benefits
notwithstanding any denial of any other claim for
compensation with respect to such individual.
____________________
SUBMITTED RESOLUTIONS
______
SENATE RESOLUTION 85--CONGRATULATING THE ROCKY MOUNTAIN COLLEGE
BATTLIN' BEARS FOR WINNING THE 2009 NATIONAL ASSOCIATION OF
INTERCOLLEGIATE ATHLETICS MEN'S BASKETBALL NATIONAL CHAMPIONSHIP
Mr. TESTER (for himself and Mr. Baucus) submitted the following
resolution; which was referred to the Committee on the Judiciary:
S. Res. 85
Whereas, on March 24, 2009, the Rocky Mountain College
Battlin' Bears won the 2009 National Association of
Intercollegiate Athletics Men's Basketball National
Championship title with a stunning 77-61 triumph over the
Columbia College Cougars;
Whereas Rocky Mountain College, located in Billings,
Montana, is one of the premier liberal arts schools in the
State of Montana;
Whereas Rocky Mountain College forward Devin Uskoski was
named the Most Valuable Player of the National Association of
Intercollegiate Athletics men's basketball tournament;
Whereas Devin Uskoski averaged 17.4 points per game and 11
rebounds per game throughout his senior season;
Whereas the Battlin' Bears finished the 2009 season with a
record of 30-8 and won 10 of their final 11 games;
Whereas Rocky Mountain College fans across Montana
supported and encouraged the Battlin' Bears throughout the
basketball season;
Whereas Rocky Mountain College President Michael R. Mace
and Athletic Director Robert Beers have shown great
leadership in bringing academic and athletic success to Rocky
Mountain College; and
Whereas the people of the State of Montana celebrate the
success and share the pride of Rocky Mountain College: Now,
therefore, be it
Resolved, That the Senate--
(1) congratulates the Rocky Mountain College Battlin' Bears
for winning the 2009 National Association of Intercollegiate
Athletics Men's Basketball National Championship;
(2) recognizes the achievements of the players, coaches,
students, and staff whose hard work and dedication helped the
Rocky Mountain College Battlin' Bears win the championship;
and
(3) respectfully requests the Secretary of the Senate to
transmit an enrolled copy of this resolution for appropriate
display to--
(A) the President of Rocky Mountain College, Michael R.
Mace;
(B) the Athletic Director of Rocky Mountain College, Robert
Beers; and
(C) the Head Coach of the Rocky Mountain College basketball
team, Bill Dreikosen.
____________________
AMENDMENTS SUBMITTED AND PROPOSED
SA 701. Mr. COBURN submitted an amendment intended to be
proposed to amendment SA 687 proposed by Ms. Mikulski (for
herself
[[Page 8569]]
and Mr. Isakson) to the bill H.R. 1388, to reauthorize and
reform the national service laws; which was ordered to lie on
the table.
SA 702. Mr. COBURN submitted an amendment intended to be
proposed to amendment SA 687 proposed by Ms. Mikulski (for
herself and Mr. Isakson) to the bill H.R. 1388, supra; which
was ordered to lie on the table.
SA 703. Mr. COBURN submitted an amendment intended to be
proposed by him to the bill H.R. 1388, supra; which was
ordered to lie on the table.
SA 704. Mr. ENSIGN submitted an amendment intended to be
proposed to amendment SA 687 proposed by Ms. Mikulski (for
herself and Mr. Isakson) to the bill H.R. 1388, supra; which
was ordered to lie on the table.
SA 705. Mr. VITTER submitted an amendment intended to be
proposed by him to the bill H.R. 1388, supra; which was
ordered to lie on the table.
SA 706. Mr. ENSIGN submitted an amendment intended to be
proposed to amendment SA 692 submitted by Mr. Baucus (for
himself and Mr. Grassley) to the amendment SA 687 proposed by
Ms. Mikulski (for herself and Mr. Isakson) to the bill H.R.
1388, supra; which was ordered to lie on the table.
SA 707. Mr. DeMINT submitted an amendment intended to be
proposed to amendment SA 687 proposed by Ms. Mikulski (for
herself and Mr. Isakson) to the bill H.R. 1388, supra; which
was ordered to lie on the table.
SA 708. Mr. DeMINT submitted an amendment intended to be
proposed to amendment SA 687 proposed by Ms. Mikulski (for
herself and Mr. Isakson) to the bill H.R. 1388, supra; which
was ordered to lie on the table.
SA 709. Mr. DeMINT submitted an amendment intended to be
proposed to amendment SA 687 proposed by Ms. Mikulski (for
herself and Mr. Isakson) to the bill H.R. 1388, supra; which
was ordered to lie on the table.
SA 710. Mr. DeMINT submitted an amendment intended to be
proposed to amendment SA 687 proposed by Ms. Mikulski (for
herself and Mr. Isakson) to the bill H.R. 1388, supra; which
was ordered to lie on the table.
SA 711. Mr. DeMINT submitted an amendment intended to be
proposed to amendment SA 687 proposed by Ms. Mikulski (for
herself and Mr. Isakson) to the bill H.R. 1388, supra; which
was ordered to lie on the table.
SA 712. Mrs. SHAHEEN (for herself and Mr. Gregg) submitted
an amendment intended to be proposed to amendment SA 687
proposed by Ms . Mikulski (for herself and Mr. Isakson) to
the bill H.R. 1388, supra.
SA 713. Mr. WARNER submitted an amendment intended to be
proposed to amendment SA 687 proposed by Ms. Mikulski (for
herself and Mr. Isakson) to the bill H.R. 1388, supra; which
was ordered to lie on the table.
SA 714. Mr. WARNER (for himself and Mr. Gregg) submitted an
amendment intended to be proposed to amendment SA 687
proposed by Ms. Mikulski (for herself and Mr. Isakson) to the
bill H.R. 1388, supra; which was ordered to lie on the table.
SA 715. Mr. ENSIGN proposed an amendment to amendment SA
692 submitted by Mr. Baucus (for himself and Mr. Grassley) to
the amendment SA 687 proposed by Ms. Mikulski (for herself
and Mr. Isakson) to the bill H.R. 1388, supra.
SA 716. Mr. THUNE proposed an amendment to amendment SA 687
proposed by Ms. Mikulski (for herself and Mr. Isakson) to the
bill H.R. 1388, supra.
SA 717. Ms. LANDRIEU proposed an amendment to amendment SA
687 proposed by Ms. Mikulski (for herself and Mr. Isakson) to
the bill H.R. 1388, supra.
SA 718. Mr. MENENDEZ submitted an amendment intended to be
proposed by him to the bill H.R. 1388, supra; which was
ordered to lie on the table.
SA 719. Mr. MENENDEZ submitted an amendment intended to be
proposed by him to the bill H.R. 1388, supra; which was
ordered to lie on the table.
SA 720. Mr. NELSON, of Florida submitted an amendment
intended to be proposed by him to the bill H.R. 1388, supra;
which was ordered to lie on the table.
____________________
TEXT OF AMENDMENTS
SA 701. Mr. COBURN submitted an amendment intended to be proposed to
amendment SA 687 proposed by Ms. Mikulski (for herself and Mr. Isakson)
to the bill H.R. 1388, to reauthorize and reform the national service
laws; which was ordered to lie on the table; as follows:
On page 5, before line 1 and after the item relating to
section 6101, insert the following:
SEC. 2. SENSE OF THE SENATE.
(a) Findings.--The Senate finds the following:
(1) Total private giving increased to $306,000,000,000 in
2007, equal to 2.2 percent of the gross domestic product of
the United States.
(2) Total private giving has more than doubled in a 10-year
period, and individual giving reached $229,000,000,000 in
2007.
(3) The people of the United States donate 3\1/2\ times as
much, per capita, as the people of any other developed
nation.
(4) There are nearly 1,400,000 charitable organizations in
the United States, and approximately 355,000 religious
congregations.
(5) Nonprofit organizations, including public charities and
private foundations, account for approximately 8 percent of
the wages and salaries paid in the United States.
(6) The nonprofit sector employs more than 10,000,000
people, and 7 percent of the people of the United States are
paid employees of nonprofit organizations.
(7) A proposed cut to charitable tax deductions for wealthy
taxpayers may result in a 10 percent drop in charitable
giving by wealthy individuals that is equal to
$6,000,000,000.
(b) Sense of the Senate.--It is the sense of the Senate
that--
(1) all citizens of the United States should continue in
the selfless generosity and noble spirit of charitable
giving;
(2) Congress should support measures that incentivize
charitable giving by wealthy Americans to nonprofit
organizations, public charities, private foundations, and
religious congregations; and
(3) Federal tax law should encourage, and not punish,
charitable donations by all people of the United States,
regardless of income.
______
SA 702. Mr. COBURN submitted an amendment intended to be proposed to
amendment SA 687 proposed by Ms. Mikulski) (for herself and Mr.
Isakson) to the bill H.R. 1388, to reauthorize and reform the national
service laws; which was ordered to lie on the table; as follows:
On page 213, after line 21, insert the following:
SEC. 1613. LIMITING BURDENS ON THE BUREAU OF THE CENSUS.
Notwithstanding section 179A of the National and Community
Service Act of 1990 (as added by section 1608), the Director
of the Bureau of the Census shall be prohibited from
providing technical advice to the Corporation, collecting,
reporting or supplying data to the Corporation, or carrying
out any other activity described in such section 179A, until
such time as the Comptroller General of the United States--
(1) determines that the 2010 Census is no longer a high-
risk area with respect to addressing challenges in broad-
based transformation; and
(2) removes the 2010 Census from the Government
Accountability Office's high-risk list.
______
SA 703. Mr. COBURN submitted an amendment intended to be proposed by
him to the bill H.R. 1388, to reauthorize and reform the national
service laws; which was ordered to lie on the table; as follows:
At the end of the bill, add the following:
TITLE VII--MILLIONAIRE EXEMPTION
SEC. 701. EXEMPTION FOR MILLIONAIRES.
(a) In General.--Notwithstanding any other provision of
this Act or any provision of the national service laws (as
defined in section 101 of the National and Community Service
Act of 1990 (42 U.S.C. 12511)), no wealthy individual who
participates in a program under this Act or any of such
national service laws may receive stipend, living allowance,
education award, or other compensation by virtue of such
participation.
(b) Wealthy Individual.--In this section, the term
``wealthy individual'' means an individual who is from a
family with a taxable annual income of more than $1,000,000.
______
SA 704. Mr. ENSIGN submitted an amendment intended to be proposed to
amendment SA 687 proposed by Ms. Mikulski) (for herself and Mr.
Isakson) to the bill H.R. 1388, to reauthorize and reform the national
service laws; which was ordered to lie on the table; as follows:
Beginning on page 61, strike line 7 and all that follows
through page 62, line 25 and insert the following:
(2) by striking subsection (b) and inserting the following:
``(b) Prohibition on National Service Programs Run by
Federal Agencies.--Notwithstanding any other provision of
law, no Federal funds (including funds authorized for
financial assistance or for educational awards for
participants in approved national service positions) shall be
available for national service programs run by Federal
agencies under this subtitle.''.
______
SA 705. Mr. VITTER submitted an amendment intended to be proposed by
him to the bill H.R. 1388, to reauthorize and reform the national
service laws; which was ordered to lie on the table; as follows:
On page 128, strike line 6 and insert the following:
``(c) Ineligible Organizations.--
``(1) In general.--No assistance provided under this
subtitle may be provided (including for the participation
under this subtitle of a participant in an approved national
service position in activities conducted by such an
organization) to--
``(A) an organization described in paragraph (2); or
``(B) to an organization that is co-located on the same
premises as an organization described in paragraph (2).
[[Page 8570]]
``(2) Organizations.--An organization referred to in
paragraph (1) means--
``(A) the Association of Community Organizations for Reform
Now (ACORN); or
``(B) an entity that is under the control of such
Association, as demonstrated by--
``(i)(I) such Association directly owning or controlling,
or holding with power to vote, 25 percent or more the voting
shares of such other entity;
``(II) such other entity directly owning or controlling, or
holding with power to vote, 25 percent of more of the voting
shares of such Association; or
``(III) a third entity directly owning or controlling, or
holding with power to vote, 25 percent or more of the voting
shares of such Association and such other entity;
``(ii)(I) such Association controlling, in any manner, a
majority of the board of directors of such other entity;
``(II) such other entity controlling, in any manner, a
majority of the board of directors of such Association; or
``(III) a third entity controlling, in any manner, a
majority of the board of directors of such Association and
such other entity;
``(iii) individuals serving in a similar capacity as
officers, executives, or staff of both such Association and
such other entity;
``(iv) such Association and such other entity sharing
office space, supplies, resources, or marketing materials,
including communications through the Internet and other forms
of public communication; or
``(v) such Association and such other entity exhibiting
another indicia of control over, control by, or common
control with, such other entity or such Association,
respectively, as may be set forth in regulation by the
Corporation.
``(d) Nondisplacement of Employed Workers
______
SA 706. Mr. ENSIGN submitted an amendment intended to be proposed to
amendment SA 692 submitted by Mr. Baucus (for himself and Mr. Grassley)
to the amendment SA 687 proposed by Ms. Mikulski (for herself and Mr.
Isakson) to the bill H.R. 1388, to reauthorize and reform the national
service laws; which was ordered to lie on the table; as follows:
On page 2, line 20, insert before the period the following:
``which shall include crisis pregnancy centers, organizations
that serve battered women (including domestic violence
shelters), and organizations that serve victims of rape or
incest''.
______
SA 707. Mr. DeMINT submitted an amendment intended to be proposed to
amendment SA 687 proposed by Ms. Mikulski (for herself and Mr. Isakson)
to the bill H.R. 1388, to reauthorize and reform the national service
laws; which was ordered to lie on the table; as follows:
At the end of title IV, insert the following:
SEC. ___. SENSE OF THE SENATE REGARDING THE TAX DEDUCTION FOR
CHARITABLE CONTRIBUTIONS.
It is the sense of the Senate that the tax deduction for
charitable contributions and gifts should not be changed in
any way that would discourage taxpayers from making such
contributions and gifts.
______
SA 708. Mr. DeMINT submitted an amendment intended to be proposed to
amendment SA 687 proposed by Ms. Mikulski (for herself and Mr. Isakson)
to the bill H.R. 1388, to reauthorize and reform the national service
laws; which was ordered to lie on the table; as follows:
Strike line 11 on page 212 and all that follows through
line 21 on page 213 and insert the following:
``SEC. 189D. CRIMINAL HISTORY CHECKS.
``(a) In General.--Each entity selecting individuals to
serve in a position in which the individuals receive a living
allowance, stipend, national service educational award, or
salary through a program receiving assistance under the
national service laws, shall, subject to regulations and
requirements established by the Corporation, conduct criminal
history checks for such individuals.
``(b) Requirements.--A criminal history check under
subsection (a) shall include--
``(1) a name-based search of the National Sex Offender
Registry established under the Adam Walsh Child Protection
and Safety Act of 2006 (42 U.S.C. 16901 et seq.); and
``(2) submitting fingerprints to the Federal Bureau of
Investigation for a national criminal history check.
``(c) Eligibility Prohibition.--An individual shall be
ineligible to serve in a position described under subsection
(a) if such individual--
``(1) refuses to consent to the criminal history check
described in subsection (b);
``(2) makes a false statement in connection with such
criminal history check;
``(3) is registered, or is required to be registered, on a
State sex offender registry or the National Sex Offender
Registry established under the Adam Walsh Child Protection
and Safety Act of 2006 (42 U.S.C. 16901 et seq.); or
``(4) has been convicted of a crime of violence, as defined
in section 16 of title 18, United States Code.''.
______
SA 709. Mr. DeMINT submitted an amendment intended to be proposed to
amendment SA 687 proposed by Ms. Mikulski (for herself and Mr. Isakson)
to the bill H.R. 1388, to reauthorize and reform the national service
laws; which was ordered to lie on the table; as follows:
On page 128, strike line 6 and insert the following:
``(b) Ineligible Organizations and Co-Located
Organizations.--
``(1) In general.--No assistance provided under this
subtitle may be provided to an organization described in
paragraph (2) (including for the participation under this
subtitle of a participant in an approved national service
position in activities conducted by such an organization) or
to an organization that is co-located on the same premises as
an organization described in paragraph (2).
``(2) Organizations.--The organization referred to in
paragraph (1) is an organization that provides or promotes
abortion services, including referral for such services.
``(c) Nondisplacement of Employed Workers
______
SA 710. Mr. DeMINT submitted an amendment intended to be proposed to
amendment SA 687 proposed by Ms. Mikulski (for herself and Mr. Isakson)
to the bill H.R. 1388, to reauthorize and reform the national service
laws; which was ordered to lie on the table; as follows:
On page 128, strike line 6 and insert the following:
``(b) Ineligible Organizations and Co-Located
Organizations.--
``(1) In general.--No assistance provided under this
subtitle may be provided to an organization described in
paragraph (2) (including for the participation under this
subtitle of a participant in an approved national service
position in activities conducted by such an organization) or
to an organization that is co-located on the same premises as
an organization described in paragraph (2).
``(2) Organizations.--The organization referred to in
paragraph (1) is an organization that has been indicted for
voter fraud.
``(c) Nondisplacement of Employed Workers
______
SA 711. Mr. DeMINT submitted an amendment intended to be proposed to
amendment SA 687 proposed by Ms. Mikulski (for herself and Mr. Isakson)
to the bill H.R. 1388, to reauthorize and reform the national service
laws; which was ordered to lie on the table; as follows:
On page 128, strike line 6 and insert the following:
``(b) Ineligible Organizations and Co-Located
Organizations.--
``(1) In general.--No assistance provided under this
subtitle may be provided to an organization described in
paragraph (2) (including for the participation under this
subtitle of a participant in an approved national service
position in activities conducted by such an organization) or
to an organization that is co-located on the same premises as
an organization described in paragraph (2).
``(2) Organizations.--The organization referred to in
paragraph (1) is a for-profit organization, political party,
labor organization, or organization engaged in political or
legislative advocacy.
``(c) Nondisplacement of Employed Workers
______
SA 712. Mrs. SHAHEEN (for herself and Mr. Gregg) submitted an
amendment intended to be proposed to amendment SA 687 proposed by Ms.
Mikulski (for herself and Mr. Isakson) to the bill H.R. 1388, to
reauthorize and reform the national service laws; as follows:
In section 122 (a)(1)(B) of the National and Community
Service Act of 1990, as amended by section 1302 of the bill,
insert at the appropriate place the following:
``(__) providing skilled musicians and artists to promote
greater community unity through the use of music and arts
education and engagement through work in low-income
communities, and education, health care, and therapeutic
settings, and other work in the public domain with citizens
of all ages;''.
______
SA 713. Mr. WARNER submitted an amendment intended to be proposed to
amendment SA 687 proposed by Ms. Mikulski (for herself and Mr. Isakson)
to the bill H.R. 1388, to reauthorize and reform the national service
laws; which was ordered to lie on the table; as follows:
Subtitle H of title I is further amended by adding at the
end the following:
[[Page 8571]]
``PART __--VOLUNTEER MANAGEMENT CORPS
``SEC. 198__. VOLUNTEER MANAGEMENT CORPS.
``(a) Findings.--Congress finds the following:
``(1) Many managers seek opportunities to give back to
their communities and address the Nation's challenges.
``(2) Managers possess business and technical skills that
make them especially suited to help nonprofit organizations
and Federal, State, and local governmental agencies create
efficiencies and cost savings, and develop programs to serve
communities in need.
``(3) There are currently a large number of companies and
firms that are seeking to identify savings through sabbatical
opportunities for senior employees.
``(b) Purpose.--The purpose of this section is to create a
Volunteer Management Corps for managers, in order to provide
managers with meaningful pro bono opportunities--
``(1) to apply their business and technical expertise to
nonprofit organizations and at the Federal, State, and local
government levels; and
``(2) to address the Nation's challenges.
``(c) Program Established.--
``(1) In general.--The Corporation shall establish a
Volunteer Management Corps program by assisting skilled
managers with demonstrated management experience or expertise
in finding meaningful volunteering opportunities to carry out
activities, as described in subsection (d).
``(2) Corporation's role.--In carrying out the Volunteer
Management Corps program, the Corporation may take steps to
facilitate the process of connecting skilled managers with
nonprofit organizations, and Federal, State, and local
governmental agencies, in need of the manager's skills, such
as--
``(A) recruiting individuals with demonstrated management
experience or expertise to volunteer as Volunteer Management
Corps members;
``(B) developing relationships with nonprofit organizations
and Federal, State, and local governmental agencies to assist
Corps members in connecting with such organizations and
agencies in need of the members' services;
``(C) approving the volunteering opportunities selected by
Corps members under subsection (d) as appropriate Volunteer
Management Corps activities; and
``(D) publicizing opportunities for Corps members at
nonprofit organizations and Federal, State, and local
governmental agencies, or otherwise assisting Corps members
in connecting with opportunities to carry out activities
described in subsection (d).
``(d) Corps Members.--
``(1) In general.--A Volunteer Management Corps member
shall select, subject to the Corporation's approval, a
nonprofit organization, or Federal, State, or local
governmental agency, with which to volunteer and carry out a
volunteering activity described in paragraph (2) with such
organization or agency.
``(2) Activities.--The activities carried out by Volunteer
Management Corps members may include the following:
``(A) Developing and carrying out a community service
project or program with a nonprofit organization, or Federal,
State, or local governmental agency.
``(B) Assisting a nonprofit organization, or Federal,
State, or local governmental agency, of the Corps member's
choice, in creating efficiencies and cost savings by using
the Corps member's expertise and skills.
``(C) Recruiting other individuals with demonstrated
management experience or expertise into pro bono service
opportunities with such organization or agency.''.
______
SA 714. Mr. WARNER (for himself and Mr. Gregg) submitted an amendment
intended to be proposed to amendment SA 687 proposed by Ms. Mikulski
(for herself and Mr. Isakson) to the bill H.R. 1388, to reauthorize and
reform the national service laws; which was ordered to lie on the
table; as follows:
On page 235, between lines 9 and 10, insert the following:
SEC. 1713. VOLUNTEER MANAGEMENT CORPS STUDY.
(a) Findings.--Congress finds the following:
(1) Many managers seek opportunities to give back to their
communities and address the Nation's challenges.
(2) Managers possess business and technical skills that
make them especially suited to help nonprofit organizations
and State and local governments create efficiencies and cost
savings and develop programs to serve communities in need.
(3) There are currently a large number of businesses and
firms who are seeking to identify savings through sabbatical
opportunities for senior employees.
(b) Study and Plan.--Not later than 6 months after the date
of enactment of this Act, the Corporation shall--
(1) conduct a study on how best to establish and implement
a Volunteer Management Corps program; and
(2) submit a plan regarding the establishment of such
program to Congress and to the President.
(c) Consultation.--In carrying out the study described in
subsection (b)(1), the Corporation may consult with experts
in the private and nonprofit sectors.
(d) Effective Date.--Notwithstanding section 6101, this
section shall take effect on the date of enactment of this
Act.
______
SA 715. Mr. ENSIGN proposed an amendment to amendment SA 692
submitted by Mr. Baucus (for himself and Mr. Grassley) to the amendment
SA 687 proposed by Ms. Mikulski (for herself and Mr. Isakson) to the
bill H.R. 1388, to reauthorize and reform the national service laws; as
follows:
On page 2, line 20, insert before the period the following:
``which shall include crisis pregnancy centers, organizations
that serve battered women (including domestic violence
shelters), and organizations that serve victims of rape or
incest''. These organizations must be charities within the
meaning of the United States tax code.
______
SA 716. Mr. THUNE proposed an amendment to amendment SA 687 proposed
by Ms. Mikulski (for herself and Mr. Isakson) to the bill H.R. 1388, to
reauthorize and reform the national service laws; as follows:
At the appropriate place, insert the following:
SEC. --. SENSE OF THE SENATE.
(a) Findings.--The Senate finds the following:
(1) President John F. Kennedy said, ``The raising of
extraordinarily large sums of money, given voluntarily and
freely by millions of our fellow Americans, is a unique
American tradition . . . Philanthropy, charity, giving
voluntarily and freely . . . call it what you like, but it is
truly a jewel of an American tradition''.
(2) Americans gave more than $300,000,000,000 to charitable
causes in 2007, an amount equal to roughly 2 percent of the
gross domestic product.
(3) The vast majority of those donations, roughly 75
percent or $229,000,000,000, came from individuals.
(4) Studies have shown that Americans give far more to
charity than the people of any other industrialized nation--
more than twice as much, measured as a share of gross
domestic product, than the citizens of Great Britain, and 10
times more than the citizens of France.
(5) 7 out of 10 American households donate to charities to
support a wide range of religious, educational, cultural,
health care, and environmental goals.
(6) These charities provide innumerable valuable public
services to society's most vulnerable citizens during
difficult economic times.
(7) Congress has provided incentives through the Internal
Revenue Code of 1986 to encourage charitable giving by
allowing individuals to deduct income given to tax-exempt
charities.
(8) 41,000,000 American households, constituting 86 percent
of taxpayers who itemize deductions, took advantage of this
deduction to give to the charities of their choice.
(b) Sense of the Senate.--It is the sense of the Senate
that Congress should preserve the full income tax deduction
for charitable contributions through the Internal Revenue
Code of 1986 and look for additional ways to encourage
charitable giving rather than to discourage it.
______
SA 717. Ms. LANDRIEU proposed an amendment to amendment SA 687
proposed by Ms. Mikulski (for herself and Mr. Isakson) to the bill H.R.
1388, to reauthorize and reform the national service laws; as follows:
On page 92, strike line 1 and insert the following:
``(H) A program that seeks to expand the number of mentors
for youth in foster care through--
``(i) the provision of direct academic mentoring services
for youth in foster care;
``(ii) the provision of supportive services to mentoring
service organizations that directly provide mentoring to
youth in foster care, including providing training of mentors
in child development, domestic violence, foster care,
confidentiality requirements, and other matters related to
working with youth in foster care; or
``(iii) supporting foster care mentoring partnerships,
including statewide and local mentoring partnerships that
strengthen direct service mentoring programs.
``(I) Such other national service programs
______
SA 718. Mr. MENENDEZ submitted an amendment intended to be proposed
by him to the bill H.R. 1388, to reauthorize and reform the national
service laws; which was ordered to lie on the table; as follows:
In section 147(d) of the National and Community Service Act
of 1990, as added by section 1404, strike ``, for each of not
more than 2 of such terms of service,''.
______
SA 719. Mr. MENENDEZ submitted an amendment intended to be proposed
[[Page 8572]]
by him to the bill H.R. 1388, to reauthorize and reform the national
service laws; which was ordered to lie on the table; as follows:
In subsection (c)(8)(B)(iii) of section 119 of the National
and Community Service Act of 1990, as added by section 1204,
strike ``of $500 or $750''.
In section 147(d) of the National and Community Service Act
of 1990, as added by section 1404, strike ``equal to'' and
all that follows through the period and inserting the
following: ``equal to $1,000 (or, at the discretion of the
Chief Executive Officer, equal to $1,500 in the case of a
participant who is economically disadvantaged).''.
______
SA 720. Mr. NELSON of Florida submitted an amendment intended to be
proposed by him to the bill H.R. 1388, to reauthorize and reform the
national service laws; which was ordered to lie on the table; as
follows:
On page 183, between lines 2 and 3, insert the following:
SEC. 1518. ADDITIONAL CAMPUS AND REPORTING REQUIREMENT.
(a) Florida Campus.--The Director of the National Civilian
Community Corps under subtitle E of title I of the National
and Community Service Act of 1990 (42 U.S.C. 12611 et seq.)
shall establish a campus described in section 155 of such Act
(as amended by section 1505 of this Act) (42 U.S.C. 12615)
for such Corps in the State of Florida.
(b) Authorization of Appropriations.--There are authorized
to be appropriated such sums as may be necessary for the
establishment of the campus required under subsection (a).
(c) Report.--Not later than 1 year after the date of
enactment of this Act, the Corporation for National and
Community Service shall submit a report to Congress on the
effectiveness of the expansion of the National Civilian
Community Corps in addressing the effects of hurricanes and
tropical storms in the southern region of the United States.
____________________
AUTHORITY FOR COMMITTEES TO MEET
Committee on Environment and Public Works
Mr. DURBIN. Mr. President, I ask unanimous consent that the Committee
on Environment and Public Works be authorized to meet during the
session of the Senate on Wednesday, March 25, 2009 at 10 a.m. in room
406 of the Dirksen Senate Office Building to hold a hearing entitled,
``The Need for Transportation Investment.''
The PRESIDING OFFICER. Without objection, it is so ordered.
Committee on Foreign Relations
Mr. DURBIN. Mr. President, I ask unanimous consent that the Committee
on Foreign Relations be authorized to meet during the session of the
Senate on Wednesday, March 25, 2009, at 9:30 a.m.
The PRESIDING OFFICER. Without objection, it is so ordered.
Committee on Foreign Relations
Mr. DURBIN. Mr. President, I ask unanimous consent that the Committee
on Foreign Relations be authorized to meet during the session of the
Senate on Wednesday, March 25, 2009, at 2:30 p.m., to hold a hearing
entitled ``Foreign Policy and the Global Economic Crisis.''
The PRESIDING OFFICER. Without objection, it is so ordered.
Committee on Homeland Security and Governmental Affairs
Mr. DURBIN. Mr. President, I ask unanimous consent that the Committee
on Homeland Security and Governmental Affairs be authorized to meet
during the session of the Senate on Wednesday, March 25, 2009, at 9:30
a.m. to conduct a hearing entitled ``Southern Border Violence: Homeland
Security Threats, Vulnerabilities, and Responsibilities.''
The PRESIDING OFFICER. Without objection, it is so ordered.
committee on the judiciary
Mr. DURBIN. Mr. President, I ask unanimous consent that the Senate
Committee on the Judiciary be authorized to meet during the session of
the Senate, to conduct a hearing entitled ``Oversight of the Federal
Bureau of Investigation'' on Wednesday, March 25, 2009, at 9:30 a.m.,
in room SH-216 of the Hart Senate Office Building.
The PRESIDING OFFICER. Without objection, it is so ordered.
committee on small business and entrepreneurship
Mr. DURBIN. Mr. President, I ask unanimous consent that the Committee
on Small Business and Entrepreneurship be authorized to meet during the
session of the Senate on Wednesday, March 25, 2009, at 10:30 a.m.
The PRESIDING OFFICER. Without objection, it is so ordered.
committee on veterans' affairs
Mr. DURBIN. Mr. President, I ask unanimous consent that the Committee
on Veterans' Affairs be authorized to meet during the session of the
Senate on Wednesday, March 25, 2009. The Committee will meet in room
418 of the Russell Senate Office Building beginning at 9:30 a.m.
The PRESIDING OFFICER. Without objection, it is so ordered.
subcommittee on aviation operations, safety, and security
Mr. DURBIN. Mr. President, I ask unanimous consent that the
Subcommittee on Aviation Operations, Safety, and Security of the
Committee on Commerce, Science, and Transportation be authorized to
hold a meeting during the session of the Senate on Wednesday, March 25,
2009, at 9:45 a.m., in room 253 of the Russell Senate Office Building.
The PRESIDING OFFICER. Without objection, it is so ordered.
subcommittee on energy
Mr. DURBIN. Mr. President, I ask unanimous consent that the
Subcommittee on Energy be authorized to meet during the session of the
Senate in order to conduct a hearing on Wednesday, March 25, 2009, at 2
p.m., in room 366 of the Dirksen Senate Office Building.
The PRESIDING OFFICER. Without objection, it is so ordered.
subcommittee on health care
Mr. DURBIN. Mr. President, I ask unanimous consent that the
Subcommittee on Health Care of the Committee on Finance will meet on
Wednesday, March 25, 2009, at 2:30 p.m., in room 215 of the Dirksen
Senate Office Building.
The PRESIDING OFFICER. Without objection, it is so ordered.
subcommittee on personnel
Mr. DURBIN. Mr. President, I ask unanimous consent that the
Subcommittee on Personnel of the Committee on Armed Services be
authorized to meet during the session of the Senate on Wednesday, March
25, 2009, at 2:30 p.m.
The PRESIDING OFFICER. Without objection, it is so ordered.
special committee on aging
Mr. DURBIN. Mr. President, I ask unanimous consent that the Special
Committee on Aging be authorized to meet during the session of the
Senate on Wednesday, March 25, 2009 from 10:30 a.m.-12:30 p.m. in
Dirksen 106 for the purpose of conducting a hearing.
The PRESIDING OFFICER. Without objection, it is so ordered.
____________________
ORDERS FOR THURSDAY, MARCH 26, 2009
Mr. DURBIN. Mr. President, I ask unanimous consent that when the
Senate completes its business today, it adjourn until 9:30 a.m.
tomorrow, Thursday, March 26; that following the prayer and pledge, the
Journal of proceedings be approved to date, the morning hour be deemed
expired, the time for the two leaders be reserved for their use later
in the day, and the Senate then proceed to a period for the transaction
of morning business, with Senators permitted to speak for up to 10
minutes each, with the time equally divided and controlled between the
two leaders or their designees, with the Republicans controlling the
first half and the majority controlling the final half; further, that
following morning business, the Senate resume consideration of H.R.
1388, the national service legislation.
The PRESIDING OFFICER. Without objection, it is so ordered.
____________________
PROGRAM
Mr. DURBIN. Mr. President, tomorrow, at 4 p.m. in room 217 of the
Capitol Visitor Center, there will be a classified Senators-only
briefing with Special Representative for Afghanistan and Pakistan
Richard Holbrooke.
[[Page 8573]]
____________________
ORDER FOR ADJOURNMENT
Mr. DURBIN. Mr. President, if there is no further business to come
before the Senate, I ask unanimous consent it stand adjourned under the
previous order following the remarks of Senator Barrasso.
The PRESIDING OFFICER. Without objection, it is so ordered.
Mr. DURBIN. Mr. President, I suggest the absence of a quorum.
The PRESIDING OFFICER. The clerk will call the roll.
The legislative clerk proceeded to call the roll.
Mr. BARRASSO. Mr. President, I ask unanimous consent that the order
for the quorum call be rescinded.
The PRESIDING OFFICER. Without objection, it is so ordered.
____________________
ORDER OF PROCEDURE
Mr. BARRASSO. Mr. President, I ask unanimous consent that the period
of morning business tomorrow be limited to 1 hour.
The PRESIDING OFFICER. Without objection, it is so ordered.
____________________
APPOINTMENTS
The PRESIDING OFFICER. The Chair, on behalf of the majority leader,
pursuant to Public Law 105-83, announces the appointment of the
following individual to serve as a member of the National Council of
the Arts: the Honorable Sheldon Whitehouse of Rhode Island.
The Chair announces, on behalf of the majority leader, pursuant to
the provisions of S. Res. 105, adopted April 13, 1989, as amended by S.
Res. 149, adopted October 5, 1993, as amended by Public Law 105-275,
adopted October 21, 1998, further amended by S. Res. 75, adopted March
25, 1999, amended by S. Res. 383, adopted October 27, 2000, and amended
by S. Res. 355, adopted November 13, 2002, and further amended by S.
Res. 480 adopted November 21, 2004, the appointment of the following
Senators as members of the Senate National Security Working Group for
the 111th Congress: the Senator from Florida, Mr. Nelson, and the
Senator from Connecticut, Mr. Lieberman.
Mr. BARRASSO. Mr. President, I make a note that these appointments to
the National Security Working Group were inadvertently left off the
March 9, 2009, appointment to this group.
____________________
SENIORS MENTAL HEALTH ACCESS AND IMPROVEMENT ACT
Mr. BARRASSO. Mr. President, I am honored to join my colleague from
Arkansas, Senator Blanche Lincoln, in introducing Nos. 671, the Seniors
Mental Health Access Improvement Act.
For over a decade, Senator Lincoln has been a strong voice advocating
for health care policies in the Senate that apply specifically to rural
communities. I am proud to join her as we fight to ensure Medicare
patients living in rural and in frontier States have access to and a
choice of their mental health professionals.
The Seniors Mental Health Access Improvement Act will permit marriage
and family therapists and licensed professional counselors to bill
Medicare directly. These providers will then receive 75 percent of the
rate that psychiatrists and psychologists receive for the same
services.
I want my colleagues to know that S. 671 does not expand covered
Medicare services. It would simply give Medicare patients who are
living in isolated frontier States, such as Wyoming, more choices for
mental health providers.
Today, approximately three-quarters of the nationally designated
mental health professional shortage areas are located in rural areas.
Over half of all rural counties have no mental health services of any
kind. Frontier counties have even more dramatic numbers--95 percent do
not have a psychiatrist, 68 percent do not have a psychologist, and 78
percent do not have a social worker. Virtually all of Wyoming is
designated a mental health professional shortage area.
In Wyoming, there is a total of 474 mental health providers who are
currently eligible to care for Medicare patients and bill Medicare for
their services--474. Additionally, we have over 500 licensed
professional counselors and 61 marriage and family therapists who are
currently licensed to practice. None of them are able, at this time, to
charge Medicare for the services they provide. By enacting this Seniors
Mental Health Access and Improvement Act, that would more than double--
more than double--the number of mental health providers available to
treat seniors in my State.
Medicare patients in Wyoming are often forced to travel great
distances to see mental health providers who are currently recognized
by the Medicare program. To make matters even more of a challenge,
rural and frontier communities have a tough time recruiting and
retaining these providers--all providers but especially mental health
care providers. In many small towns, a licensed professional counselor
or a marriage or family therapist is the only mental health care
provider in the area.
Medicare laws only compound the current situation.
Right now, only psychiatrists, clinical psychologists, clinical
social workers, and clinical nurse specialists can bill Medicare for
mental health services. So it is time the Medicare Program recognizes
the qualifications of licensed professional counselors and marriage and
family therapists. They do play a crucial role in this Nation's mental
health care.
These providers go through rigorous training, and it is similar to
the curriculum of a master's level social worker. They must not be
excluded from the Medicare Program. I believe S. 671 is critically
important to the health and the well-being of our Nation's seniors. It
is time for this bill to become law.
I yield the floor.
____________________
ADJOURNMENT UNTIL 9:30 A.M. TOMORROW
The PRESIDING OFFICER. Under the previous order, the Senate now
stands adjourned until tomorrow at 9:30 a.m.
Thereupon, the Senate, at 6:29 p.m., adjourned until Thursday, March
26, 2009, at 9:30 a.m.
____________________
NOMINATIONS
Executive nominations received by the Senate:
DEPARTMENT OF AGRICULTURE
DALLAS P. TONSAGER, OF SOUTH DAKOTA, TO BE UNDER SECRETARY
OF AGRICULTURE FOR RURAL DEVELOPMENT, VICE THOMAS C. DORR,
RESIGNED.
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
PETER A. KOVAR, OF MARYLAND, TO BE AN ASSISTANT SECRETARY
OF HOUSING AND URBAN DEVELOPMENT, VICE SHEILA MCNAMARA
GREENWOOD.
DEPARTMENT OF HEALTH AND HUMAN SERVICES
MARGARET A. HAMBURG, OF THE DISTRICT OF COLUMBIA, TO BE
COMMISSIONER OF FOOD AND DRUGS, DEPARTMENT OF HEALTH AND
HUMAN SERVICES, VICE ANDREW VON ESCHENBACH, RESIGNED.
IN THE COAST GUARD
THE FOLLOWING NAMED OFFICER FOR APPOINTMENT IN THE UNITED
STATES COAST GUARD TO THE GRADE INDICATED UNDER TITLE 14,
U.S.C., SECTION 271:
To be rear admiral (lower half)
CAPT. ROBERT E. DAY, JR.
IN THE AIR FORCE
THE FOLLOWING NAMED OFFICER FOR APPOINTMENT TO THE GRADE
INDICATED IN THE UNITED STATES AIR FORCE UNDER TITLE 10,
U.S.C., SECTION 624:
To be major
RYAN G. MCPHERSON
THE FOLLOWING NAMED INDIVIDUAL FOR APPOINTMENT TO THE GRADE
INDICATED IN THE RESERVE OF THE AIR FORCE UNDER TITLE 10,
U.S.C., SECTION 12203:
To be colonel
MARK J. IVEY
THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT TO THE GRADE
INDICATED IN THE UNITED STATES AIR FORCE UNDER TITLE 10,
U.S.C., SECTION 624:
To be colonel
PAUL L. CANNON
GARY S. LINSKY
STEVEN A. SCHAICK
CHERRI S. WHEELER
THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT TO THE GRADE
INDICATED IN THE UNITED STATES AIR FORCE UNDER TITLE 10,
U.S.C., SECTION 624:
To be major
RICHARD EDWARD ALFORD
ROBERT J. ANDERSON
SONDRA A. BELL
TAMONA L. BRIGHT
AMY E. BRYAN
MATTHEW D. BURRIS
ERNEST JOHN CALDERON II
PAOLINO M. CALIENDO
KEVIN D. CATRON
LINDSAY E. CONTOVEROS
ROYAL A. DAVIS
WILLIAM D. DEITCH
[[Page 8574]]
JAMES R. DORMAN
GLORIA A. DOWNEY
PAUL E. DURKES
DARREN M. EICKEN
LISA D. FILL
SHELLY M. FRANK
LANCE E. FREEMAN
NATHAN N. FROST
THOMAS A. GABRIELE
DARREN S. GILKES
ANDREW D. GILLMAN
MARLA JUDITH GILLMAN
CORETTA E. GRAY
PATRICIA A. GRUEN
MARGARET L. HANNAN
CHARLES J. HEBNER
RYAN A. HENDRICKS
AMBER E. HIRSCH
BRANDON C. JAROCH
MATTHEW T. KING
SHANDRA J. KOTZUN
ERIKA E. LYNCH
JOSEPH E. MANAHAN
SCOTT W. MEDLYN
CHARLTON J. MEGINLEY
ETIENNE J. MISZCZAK
AIRON A. MOTHERSHED
JASON S. OSBORNE
BRENT F. OSGOOD
STERLING C. PENDLETON
STEPHAN PIEL
KEIRA A. POELLET
JACOB A. PUGH
MICHELLE A. QUITUGUA
JENNIFER J. RAAB
DREW G. ROBERTS
DAVID ROUTHIER
LEE F. SANDERSON
MATTHEW G. SCHWARTZ
DAMON P. SCOTT
MULGHETTA A. SIUM
DARRIN M. SKOUSEN
TIAUNDRA D. SORRELL
JODI M. VELASCO
WILLIAM DAVID VERNON
TIFFANY M. WAGNER
ELWOOD L. WATERS III
DANIEL J. WATSON
PAUL E. WELLING
ROBERT C. WILDER
DYLAN B. WILLIAMS
RICHARD D. YOUNTS
THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT TO THE GRADE
INDICATED IN THE UNITED STATES AIR FORCE UNDER TITLE 10,
U.S.C., SECTION 624:
To be lieutenant colonel
CHRISTOPHER B. BENNETT
THOMAS L. CLUFF, JR.
ROBERT C. COTTRELL, JR.
GAIL E. CRAWFORD
TIFFANY A. DAWSON
ANDREA M. DECAMARA
PATRICK J. DOLAN
DAVID B. EBY
MICHELE A. FORTE
PATRICK W. FRANZESE
KYLE W. GREEN
CALEB B. HALSTEAD, JR.
BRANDON L. HART
MATTHEW T. JARREAU
JOHN C. JOHNSON
JAMES H. KENNEDY III
JAMES E. KEY III
ANTONY B. KOLENC
KIM E. LONDON
AMY L. MOMBER
MATTHEW J. MULBARGER
CHARLES D. MUSSELMAN, JR.
KATHERINE E. OLER
DANIEL A. OLSON
RALPH A. PARADISO
MICHELE A. PEARCE
JAMES W. RICHARDS IV
MICHAEL S. RODERICK
THOMAS M. RODRIGUES
ROBERT N. RUSHAKOFF
ELIZABETH L. SCHUCHSGOPAUL
MICHAEL W. TAYLOR
GRAHAM H. TODD
OWEN W. TULLOS
TIMOTHY J. TUTTLE
JEREMY S. WEBER
DAVID J. WESTERN
THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT TO THE GRADE
INDICATED IN THE UNITED STATES AIR FORCE UNDER TITLE 10,
U.S.C., SECTION 624:
To be lieutenant colonel
WILLIAM A. BARTOUL
JAMES D. BRANTINGHAM
DAVID L. CARR
JOSEPH DEICHERT
JAMES M. GLASS
GREGORY D. JANS
WILLIAM GERALD OSULLIVAN
MARK W. SAHADY
GERALD HARVEY SNYDER, JR.
WARREN A. WATTIES
G. LLOYD WOODBURY, JR.
GEORGE T. YOUSTRA
THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT TO THE GRADE
INDICATED IN THE UNITED STATES AIR FORCE UNDER TITLE 10,
U.S.C., SECTION 624:
To be major
PETER BRIAN ABERCROMBIE II
TODD W. ABSHIRE
MATTHEW P. ACER
J. A. ACEVEDO
RODGER N. ACKLIN
ADAM J. ACOCK
OLGA L. ACOSTA
DAVID C. ADAMS
GREGORY M. ADAMS
KIRK D. ADAMS
MICHAEL J. ADAMS
ROBERT B. ADAMS
SCOTT L. ADAMS
DAVID R. ADAMSON
SUSAN M. ADAMSON
SHILETTE M. ADDISON REED
TONI L. AGNEW
DIANA E. AGUILAR
VICTOR J. AGUILAR
JONATHAN E. AIRHART
COREY M. AKIYAMA
CARMELO ALAMO, JR.
JOHN F. ALBERT
MELISSA M. ALBLINGER
FREDERICK V. ALDRICH
BRIAN M. ALEXANDER
CHARLES R. ALLEN, JR.
JUSTIN T. ALLEN
MATTHEW R. ALLEN
WILLIAM H. ALLEN, JR.
MITCHELL L. ALLEY
MAELI A. ALLISON
RICHARD H. ALLISON
RUSSELL P. ALLISON
JAMES C. ALLMAN
CLAYTON H. ALLMON
CHRISTOPHER T. ALLRED
RASUL S. ALSALIH
CARL J. ALSTATT
KEITH R. ALTENHOFEN
JAMES D. ALVES
PHILIP D. AMBARD
LAWRENCE JAMES ANDERLEY
ANTHONY W. ANDERSON
CHRISTOPHER A. ANDERSON
DAVID R. ANDERSON
JASON R. ANDERSON
JAY K. ANDERSON
JOHN E. ANDERSON
MARK S. ANDERSON
PAUL D. ANDERSON
STEPHEN P. ANDERSON
VANESSA M. ANDERSON
LAURA A. ANDRADE HARRISON
JOSHUA K. ANDREWS
MICHAEL J. ANDREWS
MICHAEL R. ANDREWS
SOUNDER R. ANDREWS
STEPHEN L. ANDREWS
CRAIG R. ANDRLE
GLENN B. ANGELES
SEAN D. ANGUS
LEWIS M. ANTHONY
ELIZABETH A. APTEKAR
JERRETT A. ARCHER
DANIEL J. ARKEMA
ERIC R. ARMENTROUT
JAMES D. ARNETT
JIMMY W. ARNOLD
JEFFREY J. ARSENAULT
TIMOTHY G. ARSENAULT
ADONIS C. ARVANITAKIS
BRIAN D. ASCHENBRENNER
ALFRED J. ASCOL
JAMES T. ASHLOCK, JR.
MARK L. ASHMAN
JAMES E. ASKINS
CARLOS G. ASSAF
MATTHEW A. ASTROTH
JAMES W. ATCHLEY, JR.
ROBERT G. ATKINS
JASON E. ATTAWAY
GLENN K. AUGE
RANDALL R. AUSTILL
ROBERT A. AUSTIN
ANDREW J. AVERY
KEVIN P. AVERY
DANNY AVILA
ADAM H. AVNET
ALAN B. AVRIETT, JR.
ERIK M. AXT
CHARLES F. AXTELL
STEVEN J. AYRE
SARAH S. BABBITT
JASON R. BACHELOR
ROBERT E. BADER, JR.
ERIC D. BADGER
RYAN J. BAGLEY
DONNY LYNN BAGWELL
CRAIG S. BAILEY
GREGORY P. BAILEY
MARK P. BAILEY
BLAINE L. BAKER
LUKE A. BAKER
KRISTEN D. BAKOTIC
BRIAN A. BALAZS
KYLE M. BALDASSARI
ERNIE J. BALDREE
NICHOLAS J. BALDWIN
TOBIN C. BALDWIN
JASON W. BALES
JOHN I. BALL
JEFFREY M. BANKER
MARK E. BARAN
ROBERT P. BARAN
CHARLEEN BARLOW
HARLEY R. BARMORE
GREGORY M. BARNES
RENAE BARNES
RICHARD D. BARNHART
RYAN F. BARRETT
CRAIG R. BARRINGTON
GAIUS S. BARRON
MARGARET L. BARRY
DAVID K. BARTELS
DAVE K. BARTELSON
BRENDON C. BARTHOLOMEW
CASEY J. BARTHOLOMEW
JEFF K. BARTLETT
MATTHEW A. BARTLETT
VANESSA C. BARTLEY
AUSTIN A. BARTOLO
KEVIN L. BASS
CHARLES J. BASSETT III
JAIME BASTIDAS, JR.
KYLE C. BATE
PAUL G. BATISH
QUIANA M. BATTS
JAMES D. BAUER
GREGORY R. BAUR
MELVIN I. BAYLON
JIMACIE N. BEARD, JR.
JERRY E. BEAVER, JR.
THERESA D. BEAVER
TIMOTHY D. BECK
JEFFREY R. BECKHAM
JESSICA BEDELL
MARIA T. BEECHER
JOHN T. BEEDE, JR.
JONATHAN R. BEHUNIN
BERNIE E. BEIGH
KAY A. BEIGH
JENNIFER B. BEISEL
MICHAEL D. BELARDO
ALPHONZO R. BELCHER
JENNIFER T. BELCHER
ZDRAVKO BELIC
JADEE A. BELL
KIM C. BELL
SHAUN G. BELLAMY
JOSEPH A. BEMIS
BRAD A. BEMISH
TODD D. BENDER
BRIAN J. BENJAMIN
BENJAMIN F. BENNETT
DAVID I. BENNETT
NELSON P. BENNETT
BRIAN D. BENNINGFIELD
JOHN D. BENSON
JOHN F. BENSON
MARK C. BENSON
CORY C. BENTON
MICHAEL A. BENZA
DEAN E. BERCK
CHRISTOPHER J. BERGSTROM
CHRISTIAN M. BERGTHOLDT
ALULA B. BERHANE
ROBERT E. BERISH
ROBERT A. BERNAZAL
GAVIN A. BERNE
JAMES F. BERTLING, JR.
EDWARD J. BESTA, JR.
MICHELE RENEE BESWICK
ANGEL E. BETANCOURTTOYENS
DAVID A. BETHEL
MARK C. BETTERS
ROLAND BEZOVICS
WILLIAM A. BIERENKOVEN
THOMAS E. BIERLY
DAVID C. BILLS
ROBERT G. BINGHAM
BENJAMIN J. BISHOP
JOSHUA JEFFREY BISHOP
ERIC M. BISSONETTE
PAULA D. BISSONETTE
NICOLE M. BITTLE
ERIC R. BIXBY
ANDREW H. BLACK
JOHN D. BLACKMAN
JASEN B. BLACKSBURG
KIP D. BLACKWELL
MICHAEL J. BLAIR
CHARLOTTA D. BLALOCK
TIMOTHY A. BLANK
JEFFREY A. BLANKENSHIP
JAMES S. BLAZAK
JASON E. BLEVINS
MICHAEL R. BLISS
ANQUENETTA BLOUNT
DARRELL A. BOARD
TIMOTHY R. BOBINSKI
ALLEN D. BOETTCHER
BRIAN W. BOETTGER
YULANDA J. BOGANY
CHRISTOPHER J. BOILEAU
SEAN BOLDT
ROBERT L. BOLES
[[Page 8575]]
JOEL ANDREW BOLINA
KENT D. BOLSTER
STEVEN J. BOLSTER
DOUGLAS W. BONARO
WILLIAM H. BONES
JOSEPH M. BONNER
TIMOTHY E. BOOK
JOSEPH S. BOOTH
STEPHEN F. BOOTH
DAVID A. BOPP
THOMAS P. BORREGO
RAFAEL A. BOSCH
GREGORY D. BOSCHERT
DEREK M. BOUGHNER
YVETTE K. BOURCICOT
GRAHAM W. BOUTZ
CHAD T. BOWDEN
JONATHAN D. BOWEN
RICHARD J. BOWER
DANIEL S. BOWES
THOMAS R. BOWMAN
ROSS T. BOWN
CHRISTOPHER D. BOYD
RONALD G. BOYD
DAVID A. BOYER
THOMAS H. BOYLE
WILLIAM L. BOYLES, JR.
MICHAEL M. BOYNTON
DAVID J. BOYTIM
THOMAS R. BOZUNG
DENVER M. BRAA
DAWN P. BRACKROG
ANDRE R. BRADLEY
PATRICK L. BRADYLEE
BRIAN A. BRAGG
WILLIAM D. BRAGG
BRADLEY L. BRANDT
RICARDO S. A. BRAVO
CHRISTOPHER T. BRAY
COLE L. BRAY
MICHAEL P. BRAZDA
CHRISTOPHER J. BRECHEISEN
ALISON P. BREEDEN
CHRISTOPHER W. BREFFITT
LANCE M. BRENNEKE
ADAM C. BRIGHT
JUSTIN E. BRIGHT
SHANNON E. BRILL
BURTON G. BRINKER
ERIC R. BRINKMAN
MICHAEL T. BROCKBANK
ABDULLAH A. BRODIE
BENTLEY A. BROOKS
ROBERT J. BROOKS
TROY J. BROSKOVETZ
AHAVE E. BROWN, JR.
BENJAMIN P. BROWN
DANIEL J. BROWN
DAVID M. BROWN
JOEL N. BROWN
JON C. BROWN
KIRK C. BROWN
MICHAEL W. BROWN
DAVID A. BRUCE
SEAN P. BRUCE
STEVEN P. BRUMMITT
JOHN S. P. BRUNNER
ELAINE M. BRYANT
MICHAEL T. BRYANT
TRACEY A. BRYANT
PARKIN C. BRYSON
DOCIA A. BUCHANAN
JESSICA F. BUCHTA
AARON R. BUCK
CHRISTOPHER J. BUCKLEY
BRIAN J. BUDDE
RYAN P. BUDINKO
DAVID C. BUDZKO
CHRISTOPHER J. BUECHLER
JAMES J. BUESSING, JR.
LAURA M. BUNYAN
JONATHAN R. BURD
DARIUS E. BURDEN
ROBERT A. BURDETTE
JAMES L. BURGESS
JEREMIAH J. BURGESS
JOSHUA D. BURGESS
SIERRA C. BURGESS
AARON J. BURKE
ANN M. BURKS
KRISTINA C. BURNE
BRIAN S. BURNHAM
JAYDEE A. BURNS
WILLIAM ROBERT BURNS
ANDREW L. BURROUGHS
ERIC B. BURROUGHS
JASON P. BURROUGHS
JONATHAN J. BURSON
TRAVIS A. BURTON
MATTHEW L. BUSCH
RICHARD J. BUSH
ROGER L. BUSHORE
JOHN D. BUSKE
DEBRA L. BUTLER
JOSEPH M. BUTRYN
CHRISTOPHER K. BUTTS
RODERIC K. BUTZ
KEVIN W. BYRD
MALCOLM M. BYRD
JAMES M. BYRNE
EDWIN R. BYRNES
JOSE L. CABRERA
LUIS N. CAIRO
MARCUS B. CALDERON
JOSHUA N. CALDON
DAVID W. CALLAWAY
JOHN A. CAMINO
MICHAEL B. CAMPBELL
ERIC W. CANNELL
DANIELL A. CANNON
JERALD M. CANNY
JAMES R. CANTU
JOHN T. CANTY
MICHAEL A. CAPOZZI
NICOLE L. CAPOZZI
BRIAN W. CAPPS
HEATHER R. CAPURRO
MICHAEL J. CARAWAN
LEONARDO A. CARDENAS
RICHARD A. CAREY
WILLIAM H. CAROTHERS III
NANCY L. CARR
THOMAS K. CARR
ERIC M. CARRANO
CHRISTOPHER D. CARROLL
KENDRICK L. CARROLL
SCOTT R. CARSON
CHARLES L. CARTER
DANIEL L. CARTER
LORRIE C. CARTER
STEVEN J. CARTER
VIRGIL A. CARTER
JORDAN M. CARVELL
JASON R. CASE
JONATHAN P. CASEY
SCOTT K. CASSANO
JOSE L. CASTANEDA
JEREMY R. CASTOR
JOSHUA A. CATES
HILBURN B. CAULDER
JASON P. CECCOLI
RYAN CANAAN CENGERI
DAVID J. CHABOYA
DAVID S. CHADSEY
BRIAN D. CHANDLER
CLIFFORD J. CHAPMAN
MICHAEL D. CHARLES
SCOTT M. CHARLTON
DOUGLAS A. CHARTERS
DAREN J. CHAUVIN
RUDOLFO CHAVEZ III
ELIZABETH A. CHERNEY
RAYMOND H. CHESTER, JR.
JUSTEN D. CHILBERT
KEVIN R. CHILDS
LOYD G. CHILDS
MATTHEW S. CHISAM
JASON C. CHISM
RYAN PATRICK CHMIELEWSKI
ADAM S. CHMURA
BRIAN D. CHRISTENSEN
CHARLES F. CHRISTENSEN
ERIC J. CHRISTENSEN
RICARDO M. CISNEROS
BILLY W. CLARK
BRANT CLARK
BRENT CLARK
CHRISTOPHER G. CLARK
JAMES M. CLARK
RYAN A. CLARK
MATTHEW J. CLAUSEN
ROBERT C. CLAY
DENNIS C. CLEMENTS
JASON D. CLENDENIN
RYAN D. CLEVELAND
WILLIAM J. CLEVELAND
JAMES L. CLINE
JOSHUA R. CLOSE
ROBERT N. J. CLOUSE
MAX A. COBERLY, JR.
CHRISTOPHER B. COCHRAN
ROBERT P. M. COCKE
RICO C. CODY
TYRONE M. COFIELD
BRUCE H. COHN
MITCHELL J. COK
JASON M. COLBORN
JAMES W. COLE III
TIMOTHY J. COLE
STEPHANIE E. COLEMAN
SHAD K. COLGATE
CASEY J. COLLIER
AMY JO COLLINS
BRETT L. COLLINS
CHRISTOPHER W. COLLINS
MARIAN R. COLLINS
MICHAEL E. COLLINS
GREGORY S. COLLISTER
PHILIP J. COLOMY
NATHAN T. COLUNGA
MARK S. COLWELL
RANDY C. COMBS
RYAN P. COMBS
LEE A. COMERFORD
DAVID R. COMPTON
WILLIAM D. CONE
BRIAN S. CONFER
JENNIFER M. CONK
RYAN D. CONK
CHRISTOPHER CONNOLLY
DERRICK D. CONNOR
MICHAEL J. CONRAD
MICHAEL A. CONTARDO
BENJAMIN D. COOK
NATHAN ROBERT COOK
RUSSELL P. COOK
JAMES H. COOKE
THOMAS M. COOKE
WILLIAM G. COOLEY
BRYAN J. COOPER
CORY A. COOPER
ALAN F. COPELAND
JERRYMAR J. COPELAND, JR.
SHAWN P. COREY
DARYL G. CORNEILLE
MICHAEL S. CORNELIUS
MELISSA D. CORNOR
JAMES F. CORRIGAN, JR.
JASON P. CORRIGAN
RYAN J. CORRIGAN
MICHAEL J. CORSAR
DAVID CORTEZ
KEVIN R. COSSEY
FRANCISCO COSTA
JAMES RONALD COUGHLIN
JOSEPH D. COUGHLIN
KENNETH R. COULOMBE
ADAM J. COURT
DANIEL R. COURTRIGHT
JAMES D. COVELLI
BRUCE A. COX
CHRISTOPHER G. COX
STEPHEN M. COX
JOSHUA R. CRAIG
JAMES F. CRAWFORD, JR.
KIM M. CRAWFORD
SEAN M. CREAN
NATHAN A. CREECH
WILLIAM J. CREEDEN
JOHN B. CREEL
MARK L. CRETELLA
PETER A. CRISPELL
MATTHEW P. CROCKETT
LACY D. CROFT III
HEATHER R. CROOKS
ROSE E. CROSHIER
CHRISTOPHER J. CROTTY
KENNETH A. CROWE
SCOTT C. CRUM
MATTHEW T. CRUMLEY
KEVIN CUARTAS
SANDRA P. D. CULPEPPER
DENNIS C. CUMMINGS
ANDREW B. CUNNAR
DEREK M. CUNNINGHAM
SCOTT R. CUNNINGHAM
JOHN F. CURREN
ROBERT C. CUSTER
JAMES H. DAILEY
SARA E. DAILEY
RAYMOND L. DANIEL
DENNIS J. DANIELS
RICHARD L. DANIELS
TIMOTHY J. DANOS, JR.
JOHN R. DARITY
JOHN M. DAUTEL
MICHAEL T. DAVILA
DARRIN B. DAVIS
DONOVAN S. DAVIS
JAMES M. DAVIS
ROBERT WILLIAM DAVIS
SANDRA J. DAVIS
SCOTT S. DAVIS
TASSIKA M. DAVIS
WALLACE B. DAVIS
JOHN P. DAVITT
DONALD R. DAY
KAREN M. DAYLEHORSLEY
JONATHAN M. DEA
JUSTIN R. DEAN
BRETT A. DEANGELIS
MICHAEL E. DEAVER
JOSHUA W. DEBOY
JOHN B. DECKER
WILLIAM R. DEFOREST
KENNETH S. DEGON
ANTHONY J. DEGREGORIA
ERIC P. DEHN
NICHOLAS E. DELCOUR
ILYNE SYL D. DELIQUINA
GREGORY DEMARCO
LEWIS A. DEMASO
BRIAN A. DENARO
JOSEPH C. DENNING III
RANDALL D. DEPPENSMITH
DARRIN L. DEREUS
RYAN T. DERZON
ANDREW C. DESANTIS, JR.
JOHN M. DESIR
GORDON G. DEVRIES
CHRISTOPHER M. DICKENS
JEREMY C. DICKEY
PABLO F. DIEPPA
AMANDA J. DIETRICH
MARK A. DIETRICH
NATHAN P. DILLER
NATHAN E. DILLON
IAN M. DINESEN
ANDREW J. DINUZZO
NICHOLAS M. DIPOMA
BRANT A. DIXON
JAMES J. DO
DOUGLAS J. DODGE
SHON P. DODSON
FREDERICK W. DOHNKE
MORGAN C. DOLYMPIA
[[Page 8576]]
JEREMY A. DOMB
THOMAS S. DONAHUE
DAVID H. DONATELLI II
MICHAEL J. DOOLEY
PATRICK J. DORAN
TYSON R. DORAN
CRAIG DORN
MICHAEL J. DORRELL
ERIC J. DOSSER
JOEL KENT DOUGLAS
NATHANIEL J. DOUGLAS
PATRICK J. DOYLE
CHARLES P. DOZIER
ROSSIUS A. DRAGON
DIANNE A. DREESMAN
NATHAN O. DREWRY
AARON E. DRIPPS
LLOYD G. DROPPS, JR.
JAMES M. DRUELL
DAVID L. DRUMMOND
PATRICK J. DUBE
THOMAS E. DUBE
APRIL M. DUCOTE
CHRISTOPHER M. DUFFETT
CORY P. DUFFY
PETER J. DUFFY
DAVID J. DUFRESNE
JOHN M. DUKE
HOLLI L. DUNN
BRANDON C. DURANT
GREGORY C. DURHAM
LAURA M. DURHAM
RYAN E. DURHAM
PAUL A. DURST
BEN T. DUSTMAN
BRYAN J. DUTCHER
CRAIG B. DUTTON
RICOCARLO C. DY
CHESLEY L. DYCUS
MICHAEL T. EASON
CHARLES D. EAST
TIMOTHY J. EATON
KEVIN J. EBERHART
MICHAEL A. EBERL
GREGORY R. EBERT
CHRISTOPHER J. EBERTH
DOUGLAS E. ECKERT
JASON T. EDDY
RYAN G. EDDY
DANIELLE R. EDELIN
MICHAEL A. EDMONSTON
JOSHUA C. EGAN
KEVIN D. EGGERS
ROBERT F. EHASZ
RONALD K. EHRESMAN
ROBERT E. EKLUND
MATHEW W. ELLEBY
DANIEL J. ELLERBROOK
BRIAN T. ELLIOTT
GARRY L. ELLIOTT
OLIVIA S. ELLIOTT
JOSHUA A. ELLIS
CHAD R. ELLSWORTH
JONATHAN J. ELZA
EDWARD M. EMERSON II
WENDY I. ENDERLE
ROGER W. ENGLE III
MICHAEL J. EPPER
JASON O. ERICKSON
DAVID A. ERICSON
JOSEPH M. ESLER
JONATHAN E. ESPARZA
N. KEIBA J. ESTELLE
MATTHEW W. ESTOUP
JOHN T. ETHRIDGE
JAMES K. EUSTIS
BRIAN EVANS
CARMEN C. EVANS
MORGAN J. EVANS
JILL M. EVENSKI
BRIAN A. EWASKO
STEWART A. EYER
CHRISTOPHER G. EYLE
ALEXANDER B. FAFINSKI
MARTIN R. FAGAN
DAVID A. FAGGARD
BENJAMIN D. FALLIN
RYAN LEE FANDLER
MATTHEW T. FARLEY
JAMES D. FARM
WENDY J. FARNSWORTH
ROBERT A. FAUSTMANN
MICHAEL E. FEALKO
ALLAN J. FEEK
TIFFANY A. FEET
RONALD G. FEHLEN
STEPHEN T. FEKETE
CENTRON FELDER
RICCO FELICIANO
JEFFREY T. FELTON
LARRY FENNER
BRIAN M. FERGUSON
CHANEY L. FERGUSON
JOHN FRANKLIN FERGUSON
ADRIANA M. FERNANDEZ
GABRIEL J. FERNANDEZ
TAYLOR T. FERRELL
MARK R. FERSTL
JAMES CECIL FIELDS II
ISRAEL FIGUEROARODRIGUEZ
JEFFREY J. FINCH
CEDRIC L. FINNEN
WILLIAM F. FISH, JR.
TIMOTHY J. FITZPATRICK
ERIC A. FLATTEM
JAMES I. FLEMING
SCOTT M. FLEMING
CHARLES R. FLETCHER
FRANCISCO A. FLORES
JONATHAN FLORES
JOHN A. FLORY
ROBERT C. FOLKS
BILLY R. FONDREN
SCOTT E. FOREMAN
JOSEPH D. FORTIN II
DOUGLAS E. FOSTER
ROBERT W. FOWLER
HEATHER A. FOX
IAN M. FRADY
GREGORY G. FRANA
CABELL D. FRANCIS
EDWARD M. FRANCIS
MICHAEL U. FRANCIS
NICOLE H. FRANCIS
ABIGAIL A. FRANDER
AARON J. FRANKLIN
JAMEY K. FRAZIER
SCOT A. FRECHETTE
ERIK A. FREDMONSKY
BENJAMIN S. FREEBORN
TERRELL FREEMAN II
JON R. FRIEDMAN
MARK J. FRIESEN
SHANE C. R. FRITH
CARL E. FROHMAN
KASEY L. FRY
JUSTIN M. FRYE
MICHAEL A. FUGETT
TIMOTHY B. FUHRMAN
BRIAN K. FUHS
BUD M. FUJIITAKAMOTO
CHARISE J. FULLER
CHRISTIAN M. FULLER
BREANNA D. FULTON
MICHAEL S. FURMAN
LARRY W. GABE
ANDREW J. GABRIELSKI
STEVEN J. GADOURY
PHILIP H. GAGNON
JOHNNY L. GALBERT
DEREK P. GALLAGHER
MICHAEL S. GALLAGHER
JONATHAN S. GALLEGO
WILLIAM J. GALLIAN
RICHARD W. GALSTERER II
JUDE I. GAMEL
RAYMOND W. GAMERO
DAVID A. GARAY
CHRISTOPHER P. GARDNER
JASON L. GARLAND
DAVID M. GARNER
DAVID K. GARON
MATTY L. GARR
ROBERT D. GARRETT, JR.
MICHAEL C. GARZA
STEVE J. GARZA II
GEORGE H. GARZON
JOHN F. GAUGHAN
JOHN A. GAZZAWAY
JOSEPH P. GEANEY
BRIAN D. GEBO
EMILY D. GEBO
CHAD A. GEMEINHARDT
VINCENT M. GEMMITI, JR.
JENNIFER T. GENDZWILL
DANIEL C. GENEST
CHRISTOPHER D. GENTILE
CHRISTOPHER A. GENTRY
CINDY R. GENTRY
JEREMIAH S. GENTRY
BENJAMIN E. GEORGE
BRIAN M. GEORGE
LANCE M. GEORGE
MICHAEL P. GERANIS
EDWIN GERMOSEN
BRIAN S. GERWE
ANDREW J. GEYER
COREY D. GIBBS
VIRGIL G. GIBBS
DONNY G. GIBSON
MATTHEW W. GIBSON
GAVIN G. GIGSTEAD
HARDY T. GILES II
SCOTT A. GILLER
ERIC N. GILLESPIE
BENJAMIN J. GILLULY
MICHAEL J. GILMORE
JOSEPH L. GILPIN
RICHARD S. GLADE
NATHAN E. GLAUVITZ
NATHAN I. GLAVICH
TRACY L. GLAZER
BRADLEY C. GLENISTER
ETHEL Y. GLENN
CHRISTOPHER A. GLIDDEN
SANDRA D. GOBLE
DONALD G. GODBEY II
JEFFREY M. GODZIK
AMY L. GOFF
CYNTHIA LYNN GOHIER
RUSSELL D. GOHN
JASON R. GOLDBERG
DANIEL M. GOLDSMITH
JOHN J. GOMEZ
MANUEL J. GOMEZ
FERMIN M. GONZAGA
JOSE A. GONZALEZ
JON P. GOODMAN
AMANDA J. GOOKINS
STEVEN J. GORMAN
RICHARD A. GRAB
TORREZ L. GRACE
JOHN L. GRADY, JR.
JOHN G. GRAHAM
STEPHEN C. GRAHAM
STEPHEN C. GRAHAM
THOMAS JERROLD GRAHAM
MICHAEL E. GRAHN
KEVIN A. GRANT
ROBERT L. GRANT
JONATHAN S. GRATION
ERIK B. GRATTEAU
PAUL M. GRAVES
DAVID T. GRAY
KATHRYN L. GRAY
MARK P. GRAZIANO
BRIAN S. GREANIA
RICHARD W. GRECULA
ANDREW J. GREEN
HERBERT T. GREEN
JOHNNIE C. GREEN
NATHAN E. GREEN
MARC E. GREENE
MATTHEW B. GREENWOOD
YADIRA C. GREESON
JEREMY R. GREY
JUSTIN T. GRIEVE
BRIAN D. GRIFFIN
JONATHAN T. GRIFFIN
AARON B. GRIFFITH
CLAUDE T. GRIFFITHS
MATTHEW M. GRIMES
ROFELIO LAVENON GRINSTON
KEVIN S. GRISWOLD
GARRETT M. GROCHOWSKI
PATRICK E. GRUBER
KYLE B. GRYGO
ADAM GUBITOSI
BRUCE T. GUEST
SHAUNTELL GUILLORYHAWKINS
PAUL K. GULCK
COLE W. GULYAS
DERRICK D. GURLEY
ANTHONY M. GURRIERI
ERIK R. GUSTAFSON
JEFFREY T. GUTTMAN
SAMANTHA M. HABERLACH
DOUGLAS E. HABERSTROH
KARL E. HAGARTY
NATHAN D. HAGERMAN
LEE D. HAGES
JOSEPH W. HAGGERTY
DAVID A. HAGLER
MICHAEL L. HAIRE
EDWARD W. HALE
JOHN M. HALE
ERIC D. HALER
COLLEEN E. HALL
JAMES C. HALL
JEFFREY J. HALL
JUSTIN L. HALL
PATRICK G. HALL
RANDY S. HALL
SCOTT B. HALL
SHAWN TRAVIS HALL
ALEXANDER A. HAM
DENNIS J. HAMILTON
HENRY J. HAMILTON
NICHOLAS H. HAMILTON
REBECCA A. HAMILTON
JEREMIAH J. HAMMILL
JACOB L. HAMMONS
ROBERT A. HAMMONTREE
JOSHUA M. HAMPTON
MARCUS C. HAMPTON
PHILLIP W. HANCOCK, JR.
CHARLES R. HANCOX
GUNNAR J. HANKINS
MATTHEW L. HANNON
KIRK M. HANSEN
CHRISTOPHER A. HANSON
KENNETH P. HANSON
BRADLEY J. HARBAUGH
BRIAN L. HARDEMAN
WILLIAM M. HARDIE
STEPHEN C. HARDING
JOSEPH J. HAREN
STEVEN A. HARLER
MARIBEL HARMON
KENNETH M. HARNEY
DONNIE O. HARP
JOEL T. HARPER
L. D. HARPER
MICHAEL A. HARRIGAN
CHAD A. HARRIS
CRAIG W. HARRIS
RICHARD S. HARRIS
BRENDAN P. HARRISON
JOHN M. HARRISON
MICHAEL R. HARRISON
AARON HART
WILLIAM B. HARTMAN
WALTER B. HARVEY
SHABBIR HASAN
MARSHA L. HASBERGER
KAREEM W. A. HASKETT
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CHARLES E. HASSELL
DORY L. HASSON
KATHLEEN M. HASSON
MATTHEW C. HASSON
JIMMY DALE HATAWAY
KEVIN E. HAY
DANIEL F. HAYES
RYAN T. HAYES
TRAVIS J. HAZELTINE
CHARLES A. HEBERT
HARVEY E. HECK
BRENT D. HECKEL
JEFFREY L. HEDGPETH
PATRICK J. HEGARTY
DAVID A. HEINITZ
JOHARI J. HEMPHILL
CLEMONS D. HENDERSON
DANIEL C. HENDERSON
STEPHEN W. HENDREN
MICHAEL J. HENDRICKS
ERIC K. HENDRICKSON
JAMES M. HENDRICKSON
DUANE D. HENRY
MATTHEW C. HENSLEY
ADAM J. HEPP
BRIAN P. HERMAN
DAVID M. HERON, JR.
DANIEL M. HERVAS
SKYLER D. HESTER
MELISSA R. HEYEN
ALEXANDER L. HEYMAN
ALBERT J. HIBPSHMAN
PATRICK N. HICKS
RHETT S. HIERLMEIER
JESSE W. HIGER
JASON E. HIGGS
TRAVIS J. HIGGS
MATTHEW P. HILEMAN
MICHELLE M. G. HILL
TODD S. HILL
STEVEN W. HILLARD
LORI M. HINDERER
DANIEL J. HINGLEY
BRIAN O. HINKEN
PETER L. HINRICHSEN
PAUL H. HINSON
NATHAN J. HIPPE
RICARDO HIRALDO
DANIEL S. HOADLEY
CATHERINE E. HOARD
EUGENE B. HOCKENBERRY
HOUSTON B. HODGKINSON
BRAD K. HOFFMAN
BRIAN E. HOFFMAN
DAVID ASHBY HOFFMAN
GREG J. HOFFMAN
GREGORY S. HOFFMAN
DOUGLAS A. HOGAN
BRYAN M. HOKE
MICHAEL W. HOLDCROFT
WILLIAM D. HOLL
JEFFREY G. HOLLAND
CHIP W. HOLLINGER
TERRY P. HOLLINGSWORTH
PARIS J. HOLLIS
JOHN C. HOLLISTER
TAMMY L. HOLLISTER
JONATHON W. HOLLOWAY
ARIC D. HOLLY
JAMES M. HOLMES
TERRANCE J. HOLMES
NATHANIEL P. HOLTON
AUSTIN D. HOOD
BRIAN J. HOOD
JAMES T. HOPKINS
JASON W. HOPKINS
JAMES T. HORNE
ERIC M. HORST
JONATHAN R. HOUGNON
RACHEL A. HOUSE
MARK D. HOWARD
STEVEN L. HOWARD
TRACEY A. HOWELL
CYNTHIA E. HOWZE
JASON P. HRYNYK
JAMES A. HUDNELL
CHARLES B. HUDSON
ERIC W. HUDSON
JAMES F. HUDSON, JR.
JASON E. HUFF
CHRISTIEN N. HUGHES
CHRISTOPHER M. HUGHES
COLIN P. HUGHES
DAVID M. HUGHES
EMILY E. HUHMANN
CHERYL A. HUIATT
BOBBY L. HUNT
JAMES D. HUNT
THOMAS B. HUNT
DAVID J. HUNTER
JAYSON K. HUNTSMAN
GREGORY B. HURLEY
RONALD D. HURT
MATTHEW S. HUSEMANN
JOHN M. HUTCHINS
DONALD W. HUTCHISON
THOMAS A. HUTTON
JOHN R. HUTZEL
PATRICIA L. HYLAND
TIMOTHY D. HYLAND
CHRISTOPHER V. IAVARONE
MANAAL N. IBRAHIM
DAVID P. ILGENFRITZ
DENISE N. ILKAY
JOSHUA J. IMME
THAROMMONY T. IN
RYAN C. INGLE
JOSEPH A. INGRAM
IAN M. IRVINE
CATERCIA S. ISAAC
RYAN L. ISMIRLE
CHRISTOPHER M. ISRAEL
KAREN E. JACK
CHARLES H. JACKSON, JR.
JASON D. JACKSON
KENNETH L. JACKSON, JR.
ANDREW P. JACOB
ERIC D. JACOBS
RICHARD A. JACOBS
ANGELA M. JACOBSON
GENE A. JACOBUS
GREGORY A. JAKUS
KEVIN M. JAMES
NICHOLAS C. JAMESON
ROBERT E. JAMESON, JR.
JAMMIE LYNN HIMSL JAMIESON
KEVIN M. JAMIESON
MARCUS W. JANECEK
ERIC J. JANSKI
JESSE JARAMILLO
JORGE F. JARAMILLO
JACOB S. JAWORSKI
SCOTT D. JENDRO
ALVIN J. JENKINS
DAVID E. JENKINS
JEFFREY SCOTT JENKINS
KENT R. JENSEN
MARK H. JENSEN
SCOTT A. JENSEN
JIMMY J. JEOUN
DANIEL S. JERDAN
KEVIN R. JERNIGAN
GREGG W. JEROME
COREY A. JEWELL
ZACHERY B. JIRON
BENJAMIN A. JOHNSEN
ANDRE M. JOHNSON
BRANDON E. JOHNSON
CAMI L. JOHNSON
CAREY F. JOHNSON
CHRISTOPHER A. JOHNSON
DANIEL C. JOHNSON
ERIK S. JOHNSON
ERIK W. JOHNSON
IAN J. JOHNSON
JOHN A. JOHNSON, JR.
KIP E. JOHNSON
KIRK W. JOHNSON
MARK A. JOHNSON
MATTHEW K. JOHNSON
MISTY G. JOHNSON
PETER MATHIAS JOHNSON
ROBERT A. JOHNSON
SCOTT G. JOHNSON
JEFFREY W. JOHNSTON
WILLIAM R. JOHNSTON
DAVID W. JONES
GREG L. JONES
JAMES R. JONES
JENNIFER C. JONES
JUDSON B. JONES
MICHAEL W. JONES
STEVEN C. JONES
STEVEN S. JONES
TREVOR A. JONES
WILLIAM J. JONES
M. L. JORDAN, JR.
JOEL T. JORGENSEN
DAVID A. JOSSART
CHRISTOPHER T. JOYCE
THOMAS A. JUNTUNEN
KEVIN W. JUSTICE
MARSEY K. JUSTICE
ANDREW J. JUTTE
DOUGLAS A. KABEL
TETSUO KAIEDA
ROBERT M. KAIN
JASON M. KALIN
JASON M. KALMAN
JASON P. KANE
DREW G. KANIKEBERG
PAUL A. KANNING
KARIE DENISE KAPISE
NATHAN KARTCHNER
PETER E. KASARSKIS
JEFFERY S. KASSEBAUM
ANDREW V. KATZ
MICHAEL D. KAUN
RYAN B. KAY
BRETT N. KAYES
DAVID P. KECK
RYAN M. KEHOE
ADAM J. KEIL
CRAIG DOUGLAS KEITER
STEPHEN R. KEITH
TERRANCE C. KEITHLEY
SAM J. KELLEY
ALLEN L. KELLY II
MARK S. KELLY
PATRICK A. KELLY
PAULA A. KELLY
DANIEL P. KENISON
JOANN N. KENNEALLY
HARRY L. KENNER
TYLER SCOTT KERN
DAVID A. KERNS
EUGENE R. KESELMAN
BENJAMIN W. KESSLER
UMAR M. KHAN
EDWARD KIM
TORY D. KINDRICK
RYAN J. KINDSETH
LAURA A. KING
MARY M. KING
MEGAN A. KINNE
TIMOTHY A. KIPP
SHAMEKA N. KIRK
TROY A. KIRK
DOUGLAS KISBY
THOMAS C. KISIO
JOHN H. KLAPP
BRANIN W. KLAUSMAN
MARK P. KLEEMAN
DAVID J. KLEIN
JASON W. KLINKEL
MICHAL KLOEFFLER
JOSHUA J. KLOTH
CHANTEL M. KNAPP
BRIAN L. KNAUF
WILLIAM S. KNEPPER
SCOTT F. KNERR
CHRISTOPHER P. KNIER
ANTHONY D. KNIGHT
RICHARD A. KNISELEY II
NICOLE L. KNUDSEN
TYLER D. KNUDSEN
BRIAN A. KNUDSON
MICHAEL S. KNUTT
BRIAN K. KOCH
RODRICK A. KOCH
JOHN G. KOCHANSKI
CHRISTOPHER M. KOEHLER
JOHN J. KOEHLER
CHAD D. KOHOUT
ANDRE KOK
ROBERT J. KONGAIKA
ANDREAS T. KONHAEUSER
CARRIE M. KONOWICZ
BRANDON D. KOONCE
LEVON KOONCE
NATHAN C. KORAN
WILLIAM C. KOSTAN
MICHAEL A. KOVALCHEK
RICHARD R. KOVSKY
BENJAMIN R. KOWASH
JOSEPH C. KOZUCH
ALEX E. KRAUSE
MIA L. KREIMEIER
JAMES D. KREINBRINK
RICHARD D. KREIT
KRISTOPHER J. KRIPCHAK
GARY G. KRUPP
MATTHEW R. KUCIA
KEVIN S. KUCIAPINSKI
SCOTT R. KULLE
DAN K. KUNKEL
JOSHUA K. KUNTZMAN
CHRISTOPHER M. LACEK
JOEL T. LACKEY
JAMES A. LADD
JAMES M. LAFERRIERE
JEFFREY R. LAFLEUR
MARK R. LAHEY
MICHAEL J. LAKE
JESSE W. LAMARAND
STEVEN N. LAMB
DAVID J. LAMKIN
ROBERT L. LAMORE
PHILIP D. LANCASTER
MICHAEL D. LANDERS
MICHAEL S. LANDERS
SHAUN J. LANDRY
ANDREW W. LANDWER
ALFRED F. LANE
BETH C. LANE
BRIAN D. LANE
ADAM R. LANG
REBECCA S. LANGE
BREANNA K. LANKFORD
FRANCIS W. LANKIST, JR.
STEPHEN P. LAPORTE
AARON C. LAPP
PETER F. LARRABEE
ADAM D. LARSON
ANDREW J. LARSON
AARON G. LASCH
SHANNA J. LATIMER
JOHN C. LATOUR
MATTHEW E. LAUBACHER
BENJAMIN J. LAUBSCHER
KENNARD R. LAVIERS
JOSEPH M. LAWS
SCOTT E. LAWSON
ERIC W. LAZENBY
MATTHEW T. LEBLANC
GREGORY S. LECRONE
CHRISTOPHER B. LEDFORD
DARRYL B. LEE
DAVID J. LEE
JARRETT S. LEE
KEVIN R. LEE
KIMBERLY E. LEE
SONDA L. LEE
STEPHEN D. LEE
WILLIAM M. LEE
JOE E. LEEPER
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ANDREW R. LEGAULT
DENNIS R. LEIGH
JEREMY C. LEIGHTON
PAUL J. LEIM
JERRY E. LEINECKE
LEOPOLD H. LEMELSON
JOHN SCOT C. LEMKE
MAX A. LEMONS
BRETT M. LENT
STEPHEN H. LEPRELL
WILLIAM D. LESTER
HUNTER S. LETCHMAN
DUNCAN C. LEUENBERGER
STEVEN J. LEUTNER
ANDRE PIERRE A. LEVESQUE
MICHAEL B. LEWIS
SCOTT S. LEWIS
TY C. LEWIS
JENNIFER A. LIBBY
CHAD R. LICHTY
BRIAN M. LIGHTFOOT
DALE M. LIGHTFOOT
JAN P. LINCH
BRINTON C. LINCOLN
MICHAEL J. LINDER
LONNIE N. LINGAFELTER
BRANDON J. LINGLE
ELDRICK LINK
KARSTEN E. LIPIEC
JASON E. LISKA
BREEA J. LISKO
JEROME C. LITZO, JR.
MICHELE A. LOBIANCO
DAVANCE E. LOCKLEAR
TIMOTHY R. LOGAN
SIDNEY T. LONEY, SR.
THOMAS D. LONG
ANDRES I. LOPEZ
JOSE A. LOPEZ
RICARDO J. LOPEZ
ROBERT M. LOPEZ
RICHARD A. LOPEZDEURALDE
KEVIN M. LORD
WILGA C. LOTHES
MARC C. LOVELACE
CHRISTOPHER J. LOVETT
ALBERT F. LOWE
KARALYNE SUZANNE LOWERY
RAYNA W. LOWERY
JOHN LUCAS
BRIAN M. LUCE
GRANT E. LUDEMAN
DAMIEN V. LUDWICK
ANGEL J. LUGO
WILLIAM A. LUJAN
JACOB L. LUKENS
DOUGLAS C. LUNDIN
MIHAI A. LUNGULESCU
FRANK LUSHER
WILLIAM S. LUSSIER
JOSEF E. LUSTIG
AMITY L. LYNCH
NADINE C. LYNN
LISA M. MABBUTT
CLARK C. MABRY
ERIC J. MACCHIAVERNA
IAN E. MACGREGOR
REBECCA C. MACISAAC
TONYA Y. MACK
JONATHAN M. MACKAY
JUSTIN D. MACKEY
WILLIAM T. MACLIN
DOUGLASS A. MACPHERSON
MICHAEL J. MADDOX
AARON D. MADISON
BRIAN C. MAES
MARCY R. MAFFEI
KENNETH L. MAGEE
DAVID R. MAGNUSON
DAVID W. MAHER
LAURA S. MAHER
LAUREN MAHER
STEPHEN S. MAHONEY
MAX T. MAI
STEPHEN J. MAILE
BRYAN D. MAIN
KRISTOPHER M. MALLOY
DONALD P. MAMMANO
STEPHEN W. MANCINI
JON A. MANCUSO
ROSAIAH MANIGAULT
MATTHEW L. MANNING
ZACHARY D. MANNING
JOSEPH MANNINO
JORGE L. MANRESA
NICOLE C. MANSEAU
NATHAN L. MANSFIELD
MIHAI MANTA
CARLOS C. MARARAC
BRIAN J. MARBACH
JOSHUA K. MARCUS
ANTHONY K. MAREK
KEVIN A. MARES
JAMES M. MARION
MICHAEL J. MARLIN
GARY R. MARLOWE
CHRISTOPHER M. MARONEY
JEFFREY M. MARSHALL
JENNINGS B. MARSHALL
KENNETH MARSHALL
LONNY G. MARSHALL
NATHAN J. MARSHALL
STEVEN A. MARSHALL
TONY L. MARSHALL
VERNON P. MARTENS
ANDREW A. MARTIN
JAROD MARTIN
JEFFREY A. MARTIN
NICHOLAS H. MARTIN
RENEE A. MARTIN
DAVID G. MARTINEZ
JASON E. MARTINEZ
ALFRED P. MARTZ
JAMES H. MASONER, JR.
ANTHONY P. MASSETT
AARON J. MATE
BARRY S. MATHENEY
FRANK A. MATHEY
TODD A. MATSON
ANDREW H. MATTHEWS
ETHAN W. MATTOX
GABRIEL P. MATTY
DAVID M. MAX
CHRISTOPHER E. MAXEY
JOSEPH D. MAXON
LOREN K. MAXWELL
JAMES R. MAY
GREGORY C. MAYER
ERNEST G. MAYFIELD
MICHAEL H. MAYO
RICHARD D. MAZE
CHRISTINA J. MAZGAJEWSKI
THOMAS J. MCCANN
JASON E. MCCARDELL
JASON M. MCCARTY
JEFFERY K. MCCARTY
MATHEW J. MCCARTY
TIMOTHY K. MCCARTY
KEVIN K. MCCASKEY
DAVID A. MCCASKILL
SCOTT H. MCCLAIN
JEREMIAH J. MCCLENDON
WILLIAM S. MCCLURE
JONATHAN C. MCCOLLISTER
MICHAEL L. MCCONNELL
BARBARA L. MCCOY
WILLIAM G. MCCULLEY
DENNIS J. MCCULLOUGH
KEITH L. MCDANIEL
JASON E. MCDONALD
WILLIAM C. MCDONALD
DAVID P. MCDONNELL
MATTHEW R. MCDONNELL
WILLIAM A. MCDOWELL II
RICHARD F. MCELHANEY, JR.
KELLY D. MCELVENY
STEPHEN D. MCFADDEN
SHONTRE D. MCFARLIN
TROY L. MCGATH
LAURA L. MCGEE
MARK MCGILL
JOHNNY RAYMOND MCGONIGAL
ERIC J. MCGREEVY
WADE H. MCGREW
KEITH C. MCGUIRE
LANCE H. MCINNISH
HOBART A. MCINTOSH
BRIAN P. MCINTYRE
JOSHUA M. MCINTYRE
BRIAN E. MCKAY
DAVID L. MCKENZIE
TIMOTHY L. MCKENZIE
WILLIAM H. MCKIBBAN
MATT G. MCKINNEY
DOUGLAS R. MCLEAN
NATHAN MCLEOD HUGHES
PATRICK J. MCMAHON
STEVEN E. MCMENAMIN
JOHN D. MCMILLEN
AMANDA R. MCMILLIAN
ALFRED J. MCNABB
GRANT W. MCNELIS
SHAWN M. MCPHERSON
WROTEN MCQUIRTER III
CLARENCE F. MCRAE, JR.
ADRIAN A. MEADOWS
ROBERT S. MEANLEY, JR.
ANTHONY J. MEDAGLIA
MICHAEL S. MEDGYESSY
MATTHEW R. MEDLEY
JASON W. MEDSGER
ROBERT E. MEEHAN, JR.
BRYAN DOUGLAS MEEK
CHRISTOPHER B. MEEKER
JEURNEY KRISSTOPHA MEEKINS
CHRISTOPHER A. MEHLHAFF
TYSON S. MEINHOLD
MICHAEL J. MELLOTT
MARTIN A. MENTCH
ANDREW J. MERCER, JR.
TODD P. MERCER
MICHAEL J. MERIDITH
SARAH E. MERSNICK
WALDINE W. MESSMORE
CHRISTOPHER M. METHVIN
JOSEPH P. METZDORF
STEAVEN A. MEYER
KEVIN R. MEYERS
ALBERT F. MEZA
JOSEPH R. MICHAELSON
MARC J. MIEDZIAK
JOHN A. MIKAL
BERTRAM MILLAGE, JR.
ALEXANDER J. MILLER
BRANDON L. MILLER
CAREY E. MILLER
CRISTIN A. MILLER
JAKE L. MILLER
JARED R. MILLER
LISA A. MILLER
MARK A. MILLER
MATTHEW J. MILLER
MICHAEL A. MILLER
TY E. MILLER
WILLIAM A. MILLER
DAVID C. MILLETT
MARC K. MILLIGAN
LANCE M. MILLONZI
MATTHEW D. MINKLEY
MICHAEL S. MINZYK
ANDREW C. MISCISIN
MELODY H. MITCHELL
RODNEY D. MITCHELL
WAYLON SAMUEL MITCHELL
SANDRA A. MIZELL
GARLAND T. MOBLEY
BROCK D. MOLDEN
KIMBERLY L. MONK
ALLEN H. MONROE
DAVID B. MOON
ADAM E. MOORE
ALAN JOSEPH MOORE
GARY B. MOORE
JASON P. MOORE
JOHANNES C. MOORE
JULIE C. MOORE
SHANNON E. MOORE
TIMOTHY S. MOORE
RICHARD C. MOORES
JENNY L. MOOSE
JASON P. MORAES
GREGORY E. MORANO
ROBIN D. MOREE
CLIFFORD W. MORGAN
TIMOTHY O. MORGAN
BRIAN C. MORITZ
WESLEY J. MORRIS
YOSEF A. MORRIS
LAMONT C. MORROW
CHAD N. MORTON
BENJAMIN C. MOSLEY
BRIAN E. MOSLEY
KLIFFORD W. MOSLEY
REGINALD V. MOSLEY
RYAN C. MOSSMAN
MARK A. MUCHENBERGER
JOSEPH J. MUHLBERGER
GREGORY D. MULLEN
CHRISTOPHER REID MULLINS
STEVEN P. MULLINS
TRAVIS D. MULLINS
ZENSAKU M. MUNN
BRYAN J. MURDOCK
ANDREW GRADY MURPHY
DARREN W. MURPHY
JAMES M. MURPHY
MICHAEL P. MURPHY
ANNA M. MURRAY
CRISTIAN A. MURRAY
NATHAN M. MURRAY
JAMES P. MURTHA
DAYLIN S. MYERS
JOHN P. MYERS
MARSHA D. MYERS
LANCE W. MYERSON
MICHEAL H. NADING, SR.
JAMIE L. NASH
RYAN J. NASH
EARL D. NAST
TIMOTHY E. NAUROTH
STEPHEN J. NAVA
JEFFERY A. NAYLOR
KEVIN D. NELSON
NORA J. NELSON
PATRICK D. NELSON
SARAH E. NELSON
THOMAS A. NELSON
TREVOR J. NEWSHAM
DAN ARON NEWTON
TODD A. NEWTON
BEAU M. NICEWANNER
BARRY C. NICHOLS
GEORGE E. NICHOLS
BRIAN M. NICOSIA
MICHAEL B. NIELSEN
CARISSA M. NIEMI
STEVEN M. NIEWIAROWSKI
JOHN S. NOLAN, JR.
ANDREW E. NORDIN
CAMERON P. NORDIN
JAIME J. NORDIN
CRAIG A. NORDSKOG
JAMES D. NORMAN
IVAN G. NORMANDIA
VICTOR R. NORRIS
REID J. NOVOTNY
CELINA E. NOYES
DAVID P. NUCKLES
THOMAS F. NUGENT II
ROBERTO E. NUNEZ
JANA R. A. NYERGES
DEREK C. OAKLEY
STEVEN R. OBANNAN
BIREN OBEROI
PHILLIP B. OBRIANT
JAMES C. OBRIEN III
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DAVID M. OCH
BRIAN R. OCONNELL
ROBERT L. ODOM
BRENDAN N. ODONNELL
MARK W. ODONNELL
AARON J. OELRICH
BRIAN J. OGRADY
CHRISTIAN J. OGROSKY
KEITH A. OHALLORAN
RYAN P. OHARA
LEAH C. OHERON
KENDRA B. OHLSON
BURT N. OKAMOTO
JOSEPH E. OKASINSKI
ROBERT E. OKEEFE
MATTHEW A. OLIJNEK
LLOYD D. OLINGER
ADAM L. OLIVER
RONALD W. OLIVER
STEVEN W. OLIVER
KIRK M. OLSON
SCOTT D. OLSON
BERNARD J. ONEILL
PETER T. ONEILL
FERNANDO ONTIVEROS
HERNAN E. ORELLANA, JR.
JEFFERY N. ORR
MARIO ORTEGA
JOSE I. ORTIZ
MEREDITH J. ORTIZ
TAMMY M. ORTUNG
KEDRIC J. OSBORNE
MATTHEW P. OSTERHAGE
TIMOTHY J. OSULLIVAN
CHRISTOPHER R. OTT
EVART B. OUTLAW
BRIAN C. OWEN
JAMES P. OWEN
RODNEY D. OWEN
MICHAEL E. OWENS
THOMAS J. OZIEMBLOWSKY
ANDREW T. PACIONE
DEBORAH A. PACKLER
BROOKE E. PAGE
KARL OSCAR PALMBERG
CLINT TINEI PALMER
STEVEN L. PALMER
FEDRA G. PALOMINO
MICHAEL J. PALUBA, JR.
BENJAMIN M. PANCOAST
KRISTIN L. PANZENHAGEN
DANA L. PAPE
THOMAS G. PARK
MICHAEL D. PARKER
OSCAR PARRA
JOSHUA F. PARSONS
TIMOTHY M. PASCHKE
MARK J. PASIERB
ALLISON M. PATAK
DANIEL J. PATAK
LEWIS PATE, JR.
ERIC S. PATTON
MATTHEW G. PATTON
SCOTT R. PAUL
NATHAN J. PAULEY
NATALIE C. PAULL
DAMIEN F. PAVLIK
CARL R. PAWLING
BRIAN S. PAYNE
KATHRYN A. PAYNE
TODD D. PEARSON
JOSHUA C. PECK
CHAD E. M. PELEKAI
RICK T. PELZL
STEVEN J. PENA
IVAN A. PENNINGTON
CARLOS M. PERAZZA
FRANCISCO PEREZ DE ARMAS
DWAYNE S. PEREZ
OLEXIS O. PEREZ
ANDREW B. PERNELL
NICHOLAS R. PERNELL
GUY PERROW
TY A. PERSCHBACHER
JEFFREY D. PERSONIUS
ANDREW B. PETERSON
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GAVIN L. PETERSON
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JAVIN C. PETERSON
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JOSHUA W. PETRY
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ROBERT A. PHELPS
DANIEL A. PHILLIPS
DENNIS L. PHILLIPS
KENRIC L. PHILLIPS
MATTHEW T. PHILLIPS
JUSTIN W. PICCHI
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SCOTT A. PIERCE
TOM R. PINA
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ANTHONY J. PINTO
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JAMES R. PITNEY, JR.
COLBY R. PLATNER
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RACHAEL M. PLATZ
SHANNON C. PLESS
CHARLES G. PLOETZ
PHILIP W. POEPPELMAN
FRANCIS G. POINDEXTER
ABIGAIL I. PONN
JEREMY M. PONN
LYNWOOD A. POOLE, JR.
JOSHUA M. POPE
MARK D. PORCELLA
KELLEY POREE
PATRICK A. PORTELE
OSCAR F. PORTILLO
HEIDI L. POTTER
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AMY R. PREDMORE
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BRAD M. PRISBE
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JOEL PROSIO
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BRYAN M. PURTELL
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ROMAN PYATKOV
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PETER J. RABER
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DEREK A. RACHEL
JAMIE M. RADEMACHER
JUSTIN B. RADFORD
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SCOTT R. RALEIGH
JUSTIN L. RAMEY
ADALBERTO M. RAMIREZ
AUDREY M. RAMPONE
JOHN D. RAMSEY III
CHRISTIAN E. RANDALL
SCOTT W. RANDALL II
BRIAN D. RANDOLPH
TODD E. RANDOLPH
DAETHA J. RANKIN II
DAVID L. RANSOM
MARK A. RARDIN
MATTHEW P. RARDON
BRYAN F. RARIDON
OMAR T. RASHID
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ROBERT P. RAYNER
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MELINDA K. REEDER
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JASON H. REGISTER
CHRISTOPHER K. REICHL
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REGGIE T. REID
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DONNA L. REISING
JEREMY L. RENKEN
RYAN J. RENSBERGER
LARRY H. REQUENEZ
ADAM G. RESSLER
SHELDON A. RESSLER
RICHARD K. REYNA
RYAN S. REYNOLDS
DEREK R. RHINESMITH
ERIC A. RICE
ALLAN D. RICH
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CHRIS C. RICHARDSON
CHARLES L. RICHMOND
WALTER K. RICHMOND II
JAYSON J. RICKARD
JERRY P. RIDGWAY
CHRISTOPHER J. RIEMER
BRIAN M. RIGGLE
BROOKE A. RINEHART
SERGIO RIOS
JOSHUA H. RITZMANN
AMY M. RIVERA
DELBERT R. RIVERA
AARON J. RIVERS
JOSEPH W. ROACH
RYAN B. ROACH
DIANA J. ROBERGE
MICHAEL J. ROBERSON
DAVID VERNON ROBERTS
GREGORY R. ROBERTS
MACKLE E. ROBERTS
JODY J. ROBERTSON
CHRISTINA S. ROBINSON
CHRISTOPHER J. ROBINSON
DAVID M. ROBINSON
GAYCHA L. ROBINSON
JUSTIN P. ROBINSON
PATRICK M. ROBINSON
CRAIG S. ROBLYER
LARRY L. ROCHAT
GEOFFREY J. ROCHE
JAMES F. ROCHE
CHARLES H. ROCK
BRENT A. ROCKOW
FELICIA A. RODDA
AUGUSTO RODRIGUEZ APONTE
ANIBAL J. RODRIGUEZ
JULIO E. RODRIGUEZ
JOSEPH W. ROE
KATHRYN N. ROMAN
NICHOLAS A. ROMANO
RYAN D. ROMANO
JULIUS C. ROMASANTA
MICHAEL A. ROMERO
CHRISTOPHER G. RONESS
BOBBY L. ROPER
BYRON R. ROSE
JAMES P. ROSE
JEREMY M. ROSE
JASON J. ROSS
JEREMY M. ROTH
BRADLEY A. ROTHWELL
NELSON D. ROULEAU, JR.
JONAH J. ROUSE
JARON H. ROUX
NATHAN P. ROWAN
JEFFREY S. ROWSEY
STEVEN M. ROYCROFT
DONITA K. RUEHS
JAY L. RUESCHHOFF
MARK D. RUIZ
ERIK M. RUSSELL
JONATHAN E. RUSSELL
MATTHEW C. RUSSELL
ROBERT M. RUSSELL
NICHOLAS G. RUTGERS
JAMES M. RYAN
LISA B. RYAN
SCOTT B. RYAN
WESLEY C. RYAN
DOUGLAS S. SAAB
FRANCIS M. SAAVEDRA
ANNE M. SABLATURA
CHRISTOPHER J. SAETTEL
DENNIS R. C. SAGUIN
JOSEPH J. SAILER
STEVEN SAKS
ANTONIO V. SALAZAR
BRADLEY A. SALMI
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JOHN R. SALYER
ANTHONY JONES SAMPSON
MICHAEL J. SANDER
GEORGE R. SANDERLIN
CHRISTOPHER D. SANDERS
MICHAEL E. SANKEY
MARK H. SANTASIERO
DANIEL J. SANTORO
SARAH C. SANTORO
JARED M. SANTOS
JENNIFER L. SARACENO
FELICIA SARGENT
TRACI A. SARMIENTO
MATTHEW P. SATTLER
GREGORY M. SAVELLA II
ALEXANDER SAYRE
MICHAEL J. SCALES
ALBERT F. SCAPEROTTO, JR.
JOHN N. SCARLETT
LAVONDRA SCARVER
JOSHUA M. SCHAAD
ERIC A. SCHAFER
HENRY B. SCHANTZ
MATHEWS C. SCHARCH
NATHAN A. SCHAUERMANN
JASON W. SCHENK
DANIEL E. SCHERDT
RICHARD B. SCHERMER
JACOB D. SCHERRER
EDWARD J. SCHIERBERL
BENJAMIN J. SCHILL
DYANN L. SCHILLING
JAMES L. SCHLABACH
ANTHONY T. SCHMIDT
ERIC W. SCHMIDT
JAYSON H. SCHMIEDT
ASHLEY L. SCHMITT
KENNETH B. SCHNEIDER
LUKE J. SCHNEIDER
MATTHEW R. SCHNELL
PETER J. SCHNOBRICH
JACK M. SCHROEDER
MICHAEL D. SCHROEDER
MICHAEL R. SCHROER
JEFFREY J. SCHRUM
PATRICK J. SCHULDT
JOHN K. SCHULTZ
MARY K. SCHULTZ
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CLINTON P. SCHULZ
TROY D. SCHULZ
EVELYN A. SCHUMER
MATHEW A. SCHUTT
MICHAEL D. SCHUYLER
RANDY D. SCHWINLER
MICHAEL J. SCIANNA
AMY N. SCOTT
ANDREW C. SCOTT
BRIAN G. SCOTT
DAVID R. SCOTT
ELIZABETH H. SCOTT
JANICE BARKER SCOTT
MATTHEW A. SCOTT
DAVID H. SCROGGINS
CHRIS W. SEAGER
BRIAN L. SEALOCK
JOHN E. SEBESTA
PAUL J. SEBOLD
LUIS A. SEGURA
KENNETH C. SEIVER
JAMES M. SELL
MICHAEL J. SELLERS
TAPAN SEN
ERIC G. SENG
MICHAEL C. SERE
DANIEL F. SEVIGNY
RICHARD S. SEYMOUR
BRANDON G. SHADE
ROBERT R. SHALLENBERGER
PAUL A. SHAMY
BRENDAN M. SHANNON
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CHRISTA M. SHAVERS
BILLY SHAW
DENISE A. SHEA
PAUL E. SHEETS
JOHN D. SHELL
GARON L. SHELTON
ADAM C. SHICKS
ANDY C. SHIELDS
ARTHUR A. SHIELDS, JR.
NENGWEI T. SHIH
JONATHAN L. SHILL
KENNETH W. SHINN
DAN J. SHINOHARA
ROBERT J. SHIPP, JR.
KENNETH M. SHIRLEY
WILLIAM J. SHNOWSKE
JEREMIAH A. SHOCKLEY
LEONARD M. SHORES III
DEREK L. SHOWERS
ROBERT E. SHRADER
JOY M. SHUCK
THEODORE J. SHULTZ
ANDREW J. SHURTLEFF
MATTHEW P. SICOLA
ROBERT A. SIDES
MICHAEL V. SIEBERT
JASMIN SILENCE
JAMES D. SILVA
PHILLIP H. SILVA
CHARLES R. SILVANIC, JR.
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LAWRENCE T. SILVERMAN
MARK D. SILVIUS
JESUS T. SIMENTAL
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JASON M. SMITH
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JEFFREY L. SMITH
JEFFREY T. SMITH
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JIMMY L. SMITH
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PAUL E. SMITH
TREVOR K. SMITH
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BRETT L. STEVENS
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JON B. STEVENS
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ANGELA G. STEWART
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TODD M. STINCHFIELD
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MARK P. SULLIVAN
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DANIEL SUSICH
JUSTIN L. SUTHERLAND
ROSS H. SUTHERLAND
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REGINA J. TATE
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LATRESE M. TAYLOR
RAY CURTIS TAYLOR III
RYAN T. TAYLOR
SCOTT M. TAYLOR
TRACY L. TAYLOR
WILLIAM W. TAYLOR, JR.
JASON M. TEAGUE
TREMAYNE N. TEASLEY
AARON H. TELTSCHIK
DOUGLAS D. TEMPLETON
LAURA C. TERRY
NATHAN B. TERRY
JAMES I. THACKER
KEVIN F. THACKER
RAYMOND R. THALER
JOHN C. THARP
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LIZA MOYA THERIAULT
ALISA M. THOMAS
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MICHELE L. THOMAS
RONALD L. THOMAS
STEVEN J. THOMAS
TROY D. THOMAS
SCOTT THOMASON
JOHN W. THOMPKINS
ALICIA M. THOMPSON
ERIC D. THOMPSON
HARLEY P. THOMPSON
JASON I. THOMPSON
JEFFREY R. THOMPSON
NATHAN A. THOMPSON
WILBUR L. THOMPSON
JACOB M. THORNBURG
JOHN G. THORNE
THOMAS M. THORP
CRAIG A. THORSTENSON
LINDA R. THORSTENSON
CHARLES D. THROCKMORTON IV
ROBERT S. THROWER
ROBERT M. THWEATT
ANTHONY L. TILLMAN
MATTHEW P. TINKER
BRYAN M. TITUS
MICHAEL J. TKACZ
JAMES P. TOBIN
CHRISTOPHER J. TODARO
SAMUEL M. TODD
JOHN D. TOLK, JR.
TYLER C. TOLLMAN
TONI J. TONES
CHRISTOPHER A. TOOMAN
AARON O. TORCZYNSKI
MARC A. TOROSIAN
JENNER M. TORRENCE
ANTONIO J. TORRES
CONSTANCIO C. TORRES
NICHOLAS A. TORRES
BRENT J. TOTH
MICHAEL R. TOTH
ROBERT C. TOURNAY
PAUL P. TOWNSEND
MARK A. TOZER
TODD E. TRACY
BRIAN E. TRAINOR
KIMBERLY L. TRAMMELL
FELIX D. TRAN
BRYAN E. TRINKLE
PETER A. TRITSCH, JR.
JOHN M. TRODDEN
DAVID P. TROUT
MATTHEW R. TROVINGER
JOHN L. TRUEBLOOD
ANTHONY A. TRUETTE
TRAVIS C. TRUSSELL
ALLAN Z. TUCKER
ERIC A. TUCKER
WILLIAM D. TUCKER
JODY DAN TURK
MICHAEL A. TURNBAUGH
MELVIN D. TURNER, JR.
SHALIN G. TURNER
JOSEPH C. TURNHAM
DENNIS R. TURRIFF
JOSHUA L. TYLER
WILLIAM A. TYNON
MICHAEL J. TYSON
CHRISTOPHER A. ULIBARRI
CLIFFORD P. ULMER
MICHAEL A. ULSH
BRYAN T. UNKS
NICHOLAS D. UNRUH
EMILIO J. URENA
LUKE M. URISH
BRIAN M. VALLESE
KEVIN WILLIAM VAN STONE
BRIAN H. VANCE
KEVIN L. VANCE
DAVID ALLEN VANPELT
MARK F. VANWEEZENDONK
ADRIAN J. VANWERT
CHRISTOPHER F. VARANI
JENNIFER L. VARGA
RAFAEL A. VARGASFONTANEZ
PETER S. VARNEY
MARC A. VASSALLO
WILLIAM J. VAUSE
FRANCISCO VEGA
JOHN G. VELAZQUEZ
JOHN P. VERBANICK
JEREMY D. VERBOUT
MARIO VERRETT
BRIAN P. VESEY
ROBERT D. VIDOLOFF
CHRISTINA DUNN VILE
ALAN T. VILLANUEVA
CIRIACO M. VILLARREAL
DAVID W. VILLARREAL
DANIEL J. VISOSKY
GREGORY S. VOELKEL
GEORGE N. VOGEL
ROBERT A. VOLESKY
SETH K. VOLK
MATTHEW R. VOLLKOMMER
PAUL VON HACKER III
TODD C. VONINS
DAMON C. VORHEES
GREGORY W. VOTH
JAMIE M. WADE
EDWARD R. WAGNER
TORREY J. WAGNER
ETHAN M. WAITTE
CHARLES B. WALBECK
AARON D. WALENGA
SCOTT T. WALKER
TOBY LOUIS WALKER
TODD A. WALKER
WAYNE W. WALKER
CAROLYN J. WALKOTTE
KIMBERLY Y. WALLACE
[[Page 8581]]
KYLE O. WALLACE
LONZO E. WALLACE
TRACI L. WALLACE
WILLIE B. WALLACE III
DANIEL P. WALLICK
DON E. WALPOLE
MICHAEL M. WALSH
LEON H. WALTS, JR.
TERRY L. WANNER, JR.
BARTLEY J. WARD
JASON T. WARD
THOMAS C. WARD
WILLIAM C. WARD
DAVID M. WARE
TERESA M. WARMAN
DOUGLAS M. WARREN
GARY D. WARREN
THOMAS C. WASHBURN
DAVID L. WASHER
MARK R. WASS
ANA C. WATKINS
GEORGE R. WATKINS
WARREN B. WATKINSON II
JOSEPH C. WATSON
DAVID T. WATTS
JEFFERY C. WATTS
NEAL A. WATTS
CEDRIC D. WEATHERLY
CHRISTOPHER J. WEATON
RYAN F. WEAVER
STEPHANIE L. WEAVER
DAVID L. WEBB
JEFFREY S. WEBB
JONATHAN C. WEBB
KEVIN M. WEBB
ROBERT D. WEBB
DAVID B. WEBER
REX C. WEBER
DARREN P. WEES
THOMAS F. WEGNER
WILLIAM L. WEIFORD III
KARL WEINBRECHT
MATTHEW R. WEINSCHENKER
RACHEL A. WEIS
JOHN S. WELCH
PHILIP M. WELCH IV
ERICK O. WELCOME
CHRIS T. WELLBAUM
JOSEPH R. WELLMAN
RYAN L. WELLMAN
JAMES E. WELLS
JEREMY W. WELLS
RACHEL A. WELLS
STEWART B. WELLS
FRANK W. WELTON
REBECCA M. WELTON
KEVIN D. WENGER
JOSHUA WENNRICH
JASON A. WENTZEL
JASON E. WEST
MICAH L. WEST
JOSHUA A. WESTBY
KRISTEN E. WESTBY
BRIAN E. WESTER
BRENDON MICHAEL WEYGANDT
DARIN P. WHEELER
NEIL D. WHELDEN
AMALIA F. WHITE
ANTHONY D. WHITE
DOUGLAS W. WHITE
JOSEPH R. WHITE
JUSTIN D. WHITE
KEVIN R. WHITE
TERRY J. WHITE
WILLIAM P. WHITE
MICHELLE M. H. WHITFIELD
JACKSON M. WHITING
STUART D. WHITNEY
JOSEPH E. WHITTINGTON, JR.
KEVIN W. WIERSCHKE
GEORGEREECO J. WIGFALL
JACOB A. WILCOX
JASON W. WILD
BRIAN D. WILDER
DANIEL C. WILKINSON
WILLIAM J. WILKINSON
DAMON L. WILLE
DANIEL J. WILLEMS
SHAUN M. WILLHITE
ANDREW M. WILLIAMS
BRANDON G. WILLIAMS
CAMERON S. WILLIAMS
CHRISTOPHER L. WILLIAMS
DANIEL L. WILLIAMS
DAVID S. WILLIAMS
JAMES E. WILLIAMS
JASON EDWARD WILLIAMS
KIMBERLY A. WILLIAMS
DALE A. WILLIQUETTE
DANIEL P. WILLISON, JR.
CARL C. WILSON
DAVID I. WILSON
ERIC W. WILSON
MARCUS D. WILSON
RICHARD G. WILSON
APRIL L. WIMMER
SHEENA L. WINDER
PAUL G. WINKA
JAMES M. WINNING
BRAD C. WINTER
MICHAEL J. WINTER
DOUGLAS R. WITMER
DAVID R. WITT
RANDOLPH B. WITT
BRYAN M. WOJCIK
BENJAMIN B. WOLF
JAMES D. WOMBLE
DICK WONG
BRIAN V. WOOD
CHRISTOPHER C. WOOD
JOSHUA T. WOOD
RYAN E. WOOD
NICHOLAS S. WOODROW
CHARLES S. WOODS
TANNER G. WOOLSEY
RICHARD H. WORCESTER
RYAN L. WORKMAN
CHRISTOPHER M. WRIGHT
DAVID R. WRIGHT
DAVID T. WRIGHT
NORMAN P. WRIGHT
PAUL B. WURSTER
BRET M. WYATT
TOMMY N. WYATT
REID J. WYNANS
SHAZAD YADALI
NICHOLAUS A. YAGER
JARED Y. YAMASHIRO
SEAN E. YARBROUGH
MARK L. YARIAN
NICHOLAS R. YATES
ROWDY E. YATES
CARRICK O. YAWS
WENDELL J. YEAGER
CHRISTOPHER A. YEATES
STEVEN D. YELVERTON
CHRISTIAN C. YERXA
JADE N. YIM
JOHN F. YOHN, JR.
BENJAMIN R. YOSFAN
MARK T. YOUKEY
ERICH W. YOUMANS, JR.
ROBERT M. YOUNG
RONNIE B. YOUNG
LEONARDO J. YUQUE
AARON N. ZASTROW
EVER O. ZAVALA
DAVID E. ZEYTOONJIAN
ERIC D. ZION
MICHAEL E. ZISKA
ERIC J. ZUHLSDORF
IN THE ARMY
THE FOLLOWING NAMED OFFICER FOR APPOINTMENT TO THE GRADE
INDICATED IN THE UNITED STATES ARMY UNDER TITLE 10, U.S.C.,
SECTION 624:
To be major
VICTOR J. TORRES-FERNANDEZ
THE FOLLOWING NAMED INDIVIDUALS FOR REGULAR APPOINTMENT TO
THE GRADES INDICATED IN THE UNITED STATES ARMY UNDER TITLE
10, U.S.C., SECTION 531:
To be lieutenant colonel
JOSEPH ANGERER
KRIS ATTARIAN
ALLEN BARNES
NANCY E. BLACKER
JAMES M. BROWN
JOYCE M. BUSCH
KERRY H. COSTELLO
JOHN R. FERGUSON
SCOTT R. GRANT
ROBERT J. HARDING
BEN H. HARVEY
MIKE W. KIMBERLY
JON S. LEAHY
TIMOTHY J. LEITCH
RICHARD A. MILLER
MARK J. MOONEY
KARL A. MORTON
YOULANDA NIETO
MARYANN C. OTTO
DAVID F. SLATER
JAMES W. SOBOLESKI
MICHAEL D. STROZIER
OMAR E. THONDIQUE
PATRICIA E. TILSON
JEFFREY J. TOUSIGNANT
JEFFREY W. WILLIAMS
JOHN D. WILLIAMSON
To be major
RUBEN N. ABREU
RIDELIS D. AGBOR
DWYKE A. BIDJOU
TODD W. BURNLEY
JAMES A. CHARTERS
BRIAN A. CHESSER
JOHN T. COBBS
MARTIN L. CROUSE
DIEGO DAVILA
HOWARD R. DAVIS
JOHN G. DEAN
ANDREW T. DEPONAI
RAYMOND DIAZ
JOHN A. DUDA
SAMUEL J. DUNCKHORST
DARRELL FAIRLEIGH
JERRY J. FOGG
MICHAEL D. GERGEN
CURTIS A. GIBSON
COURTNEY L. GLASS
ROBERT T. GRIFFIN
MATTHEW D. HALEY
JESSE K. HARRIS
STEVEN J. HILDEBRAND
WILLIAM R. HOGAN
ERIC E. JOHNSON
GLENN N. JUMAN
DAVID K. LAW
JIN H. LIM
CHRISTOPHER J. LOMBARDI
AMBRO MARTIN
SHAWN P. MCLAIN
JOHN A. MILLER
JEFFREY S. MILLS
KEITH L. NELSON
TONY A. OWENS
EDWIN J. QUIMBY
MARK A. QUIRE
YOKEITHA A. RAMEY
DANFORTH J. RHODES
KERRY V. ROBERTS
FEDERIC RODRIGUEZ
ERIC F. RUSSELL
IMMANUEL B. SAMSON
CHRISTOPHER L. SMITH
TODD C. SMITH
JOSHUA W. STEWART
SCOTT D. STEWART
CHRISTOPHER B. TEAGUE
TRAVIS O. TRAYLOR
BRIAN T. UNGERER
ALLEN R. VOSS
JOHN C. WALLACE
JOHN F. WEBB
WILLIAM S. WEST
ADRIAN H. WHEELER
JOHN H. WOODCOCK
RICHARD WULFF
MATTHEW J. YANDURA
THE FOLLOWING NAMED ARMY NATIONAL GUARD OF THE UNITED
STATES OFFICERS FOR APPOINTMENT TO THE GRADE INDICATED IN THE
RESERVE OF THE ARMY UNDER TITLE 10, U.S.C., SECTIONS 12203
AND 12211:
To be colonel
TED R. BATES
DIRON J. CRUZ
PETER M. MENICUCCI
THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT TO THE GRADE INDICATED IN
THE RESERVE OF THE ARMY UNDER TITLE 10, U.S.C., SECTION 12203:
To be colonel
JOHN M. DIAZ
MICHAEL D. MURRAY
LAVORE L. RICHMOND, JR.
THE FOLLOWING NAMED INDIVIDUALS FOR REGULAR APPOINTMENT TO THE GRADE
INDICATED IN THE UNITED STATES ARMY JUDGE ADVOCATE GENERAL'S CORPS
UNDER TITLE 10, U.S.C., SECTIONS 531 AND 3064:
To be major
LUISA SANTIAGO
YEVGENY S. VINDMAN
THE FOLLOWING NAMED OFFICERS FOR REGULAR APPOINTMENT IN THE GRADES
INDICATED IN THE UNITED STATES ARMY UNDER TITLE 10, U.S.C., SECTION
531:
To be colonel
RANDALL W. COWELL
To be lieutenant colonel
TILDON K. ALLEN
DAVID A. BARSNESS
THOMAS M. BLUNTZER
TIMOTHY J. BURKE
WILLIAM R. CAMPBELL
WILLIAM K. CANTRELL
FERMAN G. CEPEDA
CLIFFORD K. CRAWFORD
SAMMIE L. DAVIS
SHAWN R. DENNY
ELIZABETH L. DEVANY
CEDRIC S. DOLMAN
GRANT EDWARDS
PHILIP D. FORSBERG
CHRISTOPHER B. GINTHER
VAUGHN M. GRIZZLE
TERESA F. HALL
TIMOTHY R. HARDISON
STEPHEN H. HARMON
MICHAEL C. HILL
DAVID W. JOHNSON
LEON JONES
THOMAS P. KNOTT
JOHN N. MAHINES
RICHARD J. MCNORTON
ANDREW J. MCVEIGH
ROY E. MOSHER
MARK D. MUMM
LLOYD M. NATHAN
PAUL A. NOCE
DANIEL P. OCONNELL
PABLO O. PAGAN
STANNON M. PEDERSON
KEITH L. POYNOR
RAUL A. RIVERA
DYLESTER SCOTT
[[Page 8582]]
HAROLD J. TARPLEY
MARC C. THOMPSON
WILLIAM E. TINER
DONALD S. TRAVIS
SCOTT T. WALES
GEORGE C. WASHINGTON
ELIZABETH L. YARBROUGH
To be major
ALBERT A. AUGUSTINE
THOMAS D. BAKER
LESLIE L. BALFAQIH
STEVEN A. BESEDA
CRAIG J. BONDRA
GARY W. BROCK
COURTNEY R. BROOKS
BENJAMIN W. BUCHHOLZ
RODNEY D. CAIN
HOWARD D. CARPENTER
SHANE M. CARPENTER
JOSEPH B. CORCORAN
SCOTT A. CRUMP
ANDRE W. DANCY
VENDECK M. DAVIS
ROBYN R. DEATHERAGE
CURTIS L. DECKER
CHRISTOPHER DELOSSANTOS
GEORGE L. DEUEL
GARRY DODARD
CHRISTOPHER B. EMERY
ALLAN J. FEHR
PAUL E. FRITZ
KIMBERLY K. FUHRMAN
JAMES J. GERRITY
RANDALL D. GRIGG
KARSTEN J. HAAKE
JEREMY P. HALL
SHEILA HENDERSON
MICHAEL C. HERRERA
DAVID K. HOWE
KEITH JACKSON
CHRISTOPHER D. JESELINK
DOUGLAS A. KCKEWAN
QUINT A. KLOPFLEISCH
MICHAEL LEWCZAK
BARRETT D. LYNCH
ROBERT S. MATHEWS
RYAN M. MCCABE
LAURA L. MCGUNAGLE
NATHANIEL C. MIDBERRY
DAVID M. MILLER
JOEL R. MITCHEM
GARRY G. MORRIS
JOSHUA J. MUNCH
TONY A. OWENS
MICHAEL J. PAPP
EDWARD L. PEARCE
DONALD J. PETERSON
ROBERT E. PETTY
MARCIA M. PIERCE
KELDA S. PITTMAN
BUECHELLE O. PORTER
THOMAS A. PRIEVE
GREGORY RIVERA
DUCAN S. ROBINSON
DALE A. ROBISON
ROBERT B. RODEFER
GREGORY M. ROGERS
EDWARD K. ROWSEY
DANIEL L. SALISBURY
MARC S. SAPHIR
LAMAL SHEPPARD
DERREN M. SIGLOCK
MICHAEL M. SMALL
JOHN D. STAHL
SCOTT STEWART
CHRISTOPHER B. TEAGUE
DAVID C. THOMAS
ERIC S.M. THOMPSON
BOGDAN T. TOCARCIUC
TIMOTHY J. TREAT
THOMAS C. VECE
KEVIN L. WASHINGTON
PATRICK S. WICKER
DUANE M. WILLIAMS
TUWANDA F. WILLIAMS
DENNY L. WINNINGHAM
JOHN H. WOODCOCK
DANIEL M. ZERBY
THE FOLLOWING NAMED ARMY NATIONAL GUARD OF THE UNITED
STATES OFFICERS FOR APPOINTMENT TO THE GRADE INDICATED IN THE
RESERVE OF THE ARMY UNDER TITLE 10, U.S.C., SECTIONS 12203
AND 12211:
To be colonel
ALBERT J. ADKINSON
JOHN C. BOYD
HENRY C. CASON
GERALD T. CATRETT
JAMES S. CHASE
DEBORAH W. COLEMAN
WILLIAM E. CRANE
JOHN M. EPPERLY
MICHAEL D. FRANCE
ROBERT N. HIBBETT
WALTER L. MERCER
RICHARD J. NORIEGA
JEFFREY S. TIPTON
MARK A. TOPLIKAR
JASPER B. VARN III
WILLIAM E. WYNNS, JR.
In the Navy
THE FOLLOWING NAMED INDIVIDUALS FOR APPOINTMENT TO THE
GRADES INDICATED IN THE REGULAR NAVY UNDER TITLE 10, U.S.C.,
SECTION 531:
To be commander
CHRISTOPHER G. CUNNINGHAM
HENRY J. ZIELINSKI
To be lieutenant commander
RICHARD C. BALTIERRA
CHRIS M. COGGINS
JEFFREY S. DAVIS
RICHARD C. ERICKSON
SYLVESTER FREDERICK
TYLER H. LIPPERT
KEVIN A. MORGAN
GEORGE M. TURNER
SELVIN A. WHITE
CHRISTOPHER A. WILLIAMS
THE FOLLOWING NAMED OFFICERS FOR REGULAR APPOINTMENT IN THE
GRADE INDICATED IN THE UNITED STATES NAVY UNDER TITLE 10,
U.S.C., SECTIONS 531 AND 5582:
To be lieutenant commander
JANET L. JACKSON
VINCIRENA PALMORE
TODD M. SULLIVAN
____________________
CONFIRMATION
Executive nomination confirmed by the Senate, March 25, 2009:
Department of Justice
DAVID S. KRIS, OF MARYLAND, TO BE AN ASSISTANT ATTORNEY
GENERAL.
THE ABOVE NOMINATION WAS APPROVED SUBJECT TO THE NOMINEE'S
COMMITMENT TO RESPOND TO REQUESTS TO APPEAR AND TESTIFY
BEFORE ANY DULY CONSTITUTED COMMITTEE OF THE SENATE.
[[Page 8583]]
HOUSE OF REPRESENTATIVES--Wednesday, March 25, 2009
The House met at 10 a.m. and was called to order by the Speaker pro
tempore (Mrs. Tauscher).
____________________
DESIGNATION OF THE SPEAKER PRO TEMPORE
The SPEAKER pro tempore laid before the House the following
communication from the Speaker:
Washington, DC,
March 25, 2009.
I hereby appoint the Honorable Ellen O. Tauscher to act as
Speaker pro tempore on this day.
Nancy Pelosi,
Speaker of the House of Representatives.
____________________
PRAYER
Rev. Earl F. Palmer, National Presbyterian Church, Washington, D.C.,
offered the following prayer:
O God, Our Father, we begin this day with gratitude and resolve. We
give thanks for those who are privileged to serve in this place of
study, deliberation, decisions and history. We are grateful for our
Republic of citizens, young and old, their cities and States, farms and
villages--a people who by their work and dreams give motivation and
energy to what happens here in this House of Representatives.
As we begin this day, we claim, O God, Your gift of truth and grace:
for truth that bears the imprint of integrity and honesty and for Your
grace that forgives us when harm happens and healing is needed to keep
us whole.
We ask for the wisdom, courage and respect that build friendships
among these leaders who guide our land. Grant us the hope that
encourages through morning, afternoon, and evening hours because of
Your love and faithfulness. Amen.
____________________
THE JOURNAL
The SPEAKER pro tempore. The Chair has examined the Journal of the
last day's proceedings and announces to the House her approval thereof.
Pursuant to clause 1, rule I, the Journal stands approved.
____________________
PLEDGE OF ALLEGIANCE
The SPEAKER pro tempore. Will the gentleman from California (Mr.
Costa) come forward and lead the House in the Pledge of Allegiance.
Mr. COSTA led the Pledge of Allegiance as follows:
I pledge allegiance to the Flag of the United States of
America, and to the Republic for which it stands, one nation
under God, indivisible, with liberty and justice for all.
____________________
WELCOMING REV. EARL F. PALMER
The SPEAKER pro tempore. Without objection, the gentleman from Texas
(Mr. Thornberry) is recognized for 1 minute.
There was no objection.
Mr. THORNBERRY. Madam Speaker, our guest chaplain today represents a
convergence of two Washingtons. Rev. Earl Palmer is from Washington
State and recently retired as the senior pastor at University
Presbyterian Church in Seattle. Currently, he is the Preaching Pastor
in Residence at the National Presbyterian Church here in Washington,
D.C., as he also preaches around the country under the nonprofit Earl
Palmer Ministries organization.
With degrees from UC-Berkeley and Princeton Theological Seminary, he
is the author of 18 books. Rev. Palmer is also one of the leading
scholars on the life and works of C.S. Lewis.
Citizens from both Washingtons and many others in the country and in
between have benefited from the work of this remarkable man. His love
of the Gospel and his enthusiasm for sharing the Gospel are evident in
all of his preachings and teachings, as is his basic human kindness.
Shirley, Earl's wife of 50 years, has a Ph.D. from the University of
Washington. They have three children and seven grandchildren, some of
whom are with us today.
Many lives have been blessed by the life and ministry of Earl Palmer,
and it is my honor to help welcome him here today to the House of
Representatives.
____________________
ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE
The SPEAKER pro tempore. The Chair will entertain up to 15 further
requests for 1-minute speeches on each side of the aisle.
____________________
DROUGHT IN CALIFORNIA
(Mr. COSTA asked and was given permission to address the House for 1
minute.)
Mr. COSTA. Madam Speaker, I rise today to call for immediate response
and Federal action to assist California in the drought crisis that
we're facing today. Clearly, the entire Nation is feeling a financial
meltdown with home foreclosures and many other challenges we face, but
in California, beyond that, we have a drought that also involves a
dairy meltdown.
We have reservoirs that are low, Federal allocations that are set at
zero in the San Joaquin Valley, which I represent, along with many of
my colleagues, 20 percent for State water deliveries. As a result, we
could lose as many as 80,000 jobs. The economic impact could be as much
as $2.2 billion in the San Joaquin Valley that we represent.
Small communities have been crippled. Communities that I represent
like Mendota and Firebaugh have 36 to 40 percent unemployment. Delano,
with over 50,000 people, has over 34 percent unemployment.
Naming a drought task force is helpful but it is not enough. Plain
and simple, we don't need words, we need water. Federal and State
collaboration is urgently needed and needs to be improved to make
stimulus funds available for immediate relief and to relax standards
that prevent water supplies from going to those who most need it.
We ask for your help to increase the water supply for California's
future.
____________________
BROOKS CORLEY ATTAINS A BLACK BELT
(Mr. FLEMING asked and was given permission to address the House for
1 minute.)
Mr. FLEMING. Madam Speaker, I rise today to speak of the
extraordinary accomplishment recently of one of my constituents, Albert
Brooks Corley.
Brooks has been in my karate class affiliated with the Shreveport
Karate Club back in my hometown of Minden, Louisiana, since he was just
a little guy. Today, he has grown into a tall, strong young man. After
years of hard work, he was recently awarded a first-degree black belt
in karate by Sensei Mikami, a karate champion and eighth-degree black
belt. Having worked for years to obtain my black belt in Japanese
karate, I know the hard work and persistence it takes to obtain this
level of martial arts expertise.
Apart from developing into a tough, aggressive and coordinated
martial artist, Brooks is a fine young man who is now completing his
education in order to be gainfully employed.
Brooks is truly a model by which young people should aspire to
achieve the potential that each may obtain. Therefore, I heartily
commend him in
[[Page 8584]]
his recent achievement and the many achievements ahead. Furthermore, I
commend his parents, Mr. and Mrs. Corley, for raising such a fine man.
____________________
COVER THE UNINSURED WEEK
(Mr. STUPAK asked and was given permission to address the House for 1
minute and to revise and extend his remarks.)
Mr. STUPAK. Madam Speaker, I rise this morning to bring attention to
Cover the Uninsured Week and to encourage the Congress to enact
comprehensive health care reform this year.
Our Nation's health care system--which leaves more than 45 million
Americans uninsured and millions more underinsured--is badly in need of
reform. Practically $56 billion in uncompensated care for the uninsured
is absorbed annually by the health system, driving up the cost of
insurance for everyone. Health care costs are consuming more of
individuals', families', and businesses' budgets every year and
represent the fastest growing piece of the Federal budget.
The economic crisis is also shedding further light on a system that
is inefficient, unaffordable and out of reach for too many Americans.
Americans cannot simply wait any longer to ensure greater access to
quality affordable health care.
I encourage all of my colleagues on both sides of the aisle to come
together to enact comprehensive health care reform this year. So during
this week, Uninsured Week, when Congress recognizes the plight of those
Americans without health insurance, let us strive to provide all
Americans with comprehensive, affordable health care now.
____________________
THE AMERICAN PEOPLE DESERVE A RESPONSIBLE BUDGET
(Mr. COFFMAN of Colorado asked and was given permission to address
the House for 1 minute.)
Mr. COFFMAN of Colorado. Madam Speaker, President Barack Obama used a
prime time news conference last night to defend his $3.6 trillion
budget plan. The nonpartisan Congressional Budget Office says the
President's budget would run up a $9.3 trillion debt over the next 10
years. This budget spends too much. Middle class families and small
businesses are making sacrifices when it comes to their own budgets,
yet Washington continues to spend trillions of taxpayers' dollars on
bailouts and other government programs.
The budget taxes too much. It contains the largest tax increase in
American history. The budget borrows too much. Unchecked spending will
result in borrowing hundreds of billions of dollars from China and the
Middle East
Madam Speaker, the American people deserve a responsible budget from
their President. This budget will guarantee that our economy will never
fully recover.
____________________
GROWTH OF GREEN-COLLAR JOBS
(Mr. INSLEE asked and was given permission to address the House for 1
minute and to revise and extend his remarks.)
Mr. INSLEE. Madam Speaker, last night President Obama again
reaffirmed his commitment to a clean energy policy for America, a
policy that will grow millions of new green-collar jobs in this
country. And he did it by, again, reaffirming his commitment to a cap-
and-trade bill in this Congress this year which will drive investments
into these new jobs for the next century.
The reason he is giving so much hope for Americans is that he
realizes that we want Americans building the energy-efficient,
partially and fully electric cars so we can sell those cars to China,
so we can make the solar cells and sell them to Korea, so we can make
wind turbines and sell them to Denmark.
It is this vision of Barack Obama that is going to help grow jobs in
this country. And when we pass this cap-and-trade bill, two things are
going to happen: money is going to go back to the American consumers to
help them buy these energy-efficient products, and we are going to
create millions of new jobs.
That is a Barack Obama hope for the future, and it is going to come
to pass.
____________________
WASHINGTON MUST MAKE SACRIFICES
(Mr. LEE of New York asked and was given permission to address the
House for 1 minute.)
Mr. LEE of New York. Madam Speaker, every day western New Yorkers
tell me what sacrifices they are making during these tough economic
times. I wish the same could be said for Washington.
This Congress has already missed two opportunities to impose fiscal
restraint with the stimulus and the omnibus spending bills. Now the
nonpartisan Congressional Budget Office tells us that the
administration's budget proposal will produce $9.3 trillion in budget
deficits over the next 10 years. As this chart demonstrates, that
amount represents more than two-and-a-half times the budget deficits of
the prior administration, which in itself was faulted for spending too
much.
Taxpayers will be stuck paying more than $1 trillion in interest
payments on this excessive borrowing. Today's red ink will bring
impossible choices for our children and our grandchildren.
We need to make Washington do more with less, just as western New
Yorkers have for many years.
____________________
HONORING THE LIVES OF OAKLAND POLICE OFFICERS SERGEANT ERVIN ROMANS AND
MARK DUNAKIN
(Mr. McNERNEY asked and was given permission to address the House for
1 minute and to revise and extend his remarks.)
Mr. McNERNEY. Madam Speaker, I rise to honor four police officers who
gave their lives in the line of duty in a tragic shooting in Oakland
this past weekend.
I join all of Northern California in mourning their loss and honoring
their sacrifice.
Two of these brave officers lived in my district. Sergeant Ervin
Romans of Danville, California, was a member of the SWAT team and had
served with the Oakland Police Department for 13 years. He was a
recipient of the department's Medal of Valor for bravery. Erv, as he
was known, leaves behind his wife and three children.
Sergeant Mark Dunakin of Tracy served with the Oakland Police
Department for 18 years. He was known and respected as a passionate
guardian of public safety. Sergeant Dunakin grew up in Pleasanton and
is survived by his wife and three children.
These heroic officers dedicated their lives so that we might live in
safety. My thoughts and prayers are with their families and their loved
ones during this difficult time.
____________________
DAWN JOHNSEN
(Mr. PITTS asked and was given permission to address the House for 1
minute and to revise and extend his remarks.)
Mr. PITTS. Madam Speaker, President Obama's appointment to head the
Justice Department's Office of Legal Counsel is truly from the far left
radical fringe.
Dawn Johnsen, a former attorney for one of the radical abortion
groups, is a step back for a President who has claimed he would like to
find common ground on the abortion issue. Ms. Johnsen's own quotes
speak for her radical views. She has equated pregnancy to slavery when
she said that laws restricting a woman's abortion choice ``are
disturbingly suggestive of involuntary servitude.'' She has likened
pregnant mothers to ``no more than fetal containers.'' She has likened
pro-life advocates to ``terrorists,'' calling them ``remarkably similar
to the Ku Klux Klan.''
Her appointment is a slap in the face to all fair-minded persons, not
just pro-life Americans. The President should withdraw her nomination
or else the Senate should reject it.
[[Page 8585]]
____________________
{time} 1015
WE MUST PASS THIS BUDGET
(Mr. SIRES asked and was given permission to address the House for 1
minute.)
Mr. SIRES. Madam Speaker, today I rise to speak to middle-class
families facing job loss or shrinking incomes. They may feel left out
of the bailouts. That is why I am happy to report that the President's
budget will help them by making the $800 Make Work Pay tax cut
permanent; by expanding the child tax credit for millions of families
with children; by making college more affordable by making the $2,500
American opportunity tax credit permanent; by permanently protecting
millions of middle-class families from being hit by the AMT; by
expanding the earned income tax credit; by expanding the current tax
credit for saving for retirement and providing for automatic enrollment
in IRAs and 401(k)s; and by eliminating capital gains on small
businesses.
The President's budget cuts taxes for 95 percent of Americans, while
the budget invests in programs that create jobs, makes education
affordable, and encourages clean American energy. It helps the middle
class, which is why we must pass this budget.
____________________
BUDGET
(Mr. GRAVES asked and was given permission to address the House for 1
minute.)
Mr. GRAVES. Madam Speaker, the President's budget is going to cost
Americans trillions of dollars. How does he want to pay for it? By
taxing small businesses, the very people who are responsible for
creating 7 out of every 10 jobs.
Many small business owners file their taxes as individuals. So let's
be honest about who we're asking to pay for this unprecedented
expansion of government. Every dollar we take from small business
owners is a dollar that cannot be used to reinvest in their businesses
or hire more workers.
The President and his friends in Congress act like they know the
needs of small business owners. The President's announcement last
Monday to ``help'' small businesses with SBA loans was a clear example
of just how out of touch the President is. According to a recent survey
of small business owners, 90 percent of owners said they have never
even applied for an SBA loan.
Congress must reject the President's budget which spends too much,
borrows too much, and taxes our Nation's hardworking small business
owners.
Our job here in Congress is to put the American people back to work,
not grow government.
____________________
HONORING SERGEANT MATTHEW W. ECKERSON
(Mrs. DAHLKEMPER asked and was given permission to address the House
for 1 minute.)
Mrs. DAHLKEMPER. Madam Speaker, I rise today to recognize and honor
the service of U.S. Army Sergeant Matthew W. Eckerson from my hometown
of Erie, Pennsylvania
I have a picture of Sergeant Eckerson. While serving in Sadr City,
Iraq, this 24-year-old was injured after a roadside bomb hit his tank
on April 24, 2004. Sergeant Eckerson was no stranger to these kinds of
attacks. While serving overseas, he has experienced five other roadside
bombings while in a tank or Humvee, attacks which left him with
traumatic brain injuries from the blasts. His bravery earned him four
Army Medals of Commendation, as well as the Purple Heart.
Sergeant Eckerson is now medically retired from the Army after 6
years of active duty, a total of 33 months served in Iraq from 2004 to
2008. He is currently enrolled at the University of Phoenix, seeking a
degree in business management with a concentration in politics.
Madam Speaker, I am so grateful to Sergeant Eckerson for his
patriotism and service to our country. This war has affected me
personally, and I do not take his service for granted.
My nephew and his wife have served four and three tours in Iraq,
respectively, and my foster son served in Iraq and came home suffering
from PTSD.
Thank you to Sergeant Eckerson, and God bless all the other brave men
and women in uniform for their service to our country.
____________________
TAXES ON AMERICAN-MADE ENERGY ARE TAXES ON ALL AMERICANS
(Mr. BOUSTANY asked and was given permission to address the House for
1 minute.)
Mr. BOUSTANY. Madam Speaker, last night the President tried to make a
case for his $3.6 trillion budget. He suggested that more than $30
billion in new taxes on America's energy producers would not cost
American jobs.
I represent a number of America's small energy producers and the
support companies, service workers, and others who responsibly provide
the energy powering America. The President's budget would force them
out of business and send their work and their jobs overseas.
But this is what the President failed to tell those listening last
night. His new energy taxes would hit every single American. The new
taxes in his carbon program would increase electricity prices, the
price at the pump, and home heating oil costs.
Republicans believe we must be good stewards of the environment, and
Louisiana workers prove every day that we can produce energy in an
environmentally responsible way.
Let's work together to create jobs and keep energy costs down.
The President's plan to hike taxes on Americans who are already
struggling with a slow economy is just the wrong way to be going. Let's
make America competitive again and get Americans working. That's the
kind of stimulus Americans and our economy really need.
____________________
TAMPA INTERNATIONAL AIRPORT FUNDING
(Ms. CASTOR of Florida asked and was given permission to address the
House for 1 minute.)
Ms. CASTOR of Florida. Madam Speaker, last month when we worked with
President Obama to adopt an economic recovery plan, our intent was to
put people back to work. Well, the recovery plan is just now starting
to work, and I'm very pleased to report that this week I joined the
director of the Tampa International Airport to announce that $8 million
from the recovery plan will come to the Tampa Bay area to reconstruct
our fabulous airport. In particular, we are going to reconstruct a
taxiway and begin construction on a new north terminal.
Now, this is absolutely vital because the unemployment rate in my
hometown now is about 10 percent. So when we can put folks back to
work, the utilities, especially in the hard-hit construction sector,
rebuilding this fabulous economic engine in my community, I know that
it is going to have a ripple effect throughout my local economy.
This is what's happening all across America. So as we recover and put
people back to work, America will be stronger than ever before.
____________________
CAP-AND-TAX
(Mr. SHIMKUS asked and was given permission to address the House for
1 minute and to revise and extend his remarks.)
Mr. SHIMKUS. Madam Speaker, today's Los Angeles Reuters article
states, ``U.S. electricity prices are likely to rise 15 to 30 percent
if a national cap on carbon dioxide emissions is instituted, according
to a report by Moody's Investors Services.''
You've heard us talk a lot about a cap-and-tax. The burden of this
carbon regime will be a tax on carbon use, pushing the cost on us, the
middle class, the poor. And the debate here is we, on our side, we do
not want to cap our economy and trade away our jobs. And that's what
this regime will do.
This was after the 1990 Clean Air Act Amendments. A mine in my
district, Peabody No. 10 in Kincaid, Illinois, because of the Clean Air
Amendments,
[[Page 8586]]
well, it was actually 1,200 miners lost their jobs.
This is what will happen if we pursue a cap-and-tax regime that caps
our economy and trades away our jobs. We will fight this to the end.
____________________
BARRING DALAI LAMA FROM PEACE CONFERENCE IN SOUTH AFRICA
(Mr. LEWIS of Georgia asked and was given permission to address the
House for 1 minute and to revise and extend his remarks.)
Mr. LEWIS of Georgia. Madam Speaker, it is a shame and a disgrace
that the Dalai Lama will not be permitted to attend a peace conference
in South Africa this week.
How could a nation, once a symbol of the power of reconciliation, be
so wrong today? How could the home of Albert Lituli and Nelson Mandela
and other men and women of courage deny their brotherhood with one
simple man of peace?
Madam Speaker, I am afraid that this says something very troubling
about the leadership of South Africa. It says that they are willing to
sacrifice the cause of justice on the cross of trade and monetary gain
with China.
Today, I stand with former President F.W. de Klerk, Archbishop
Desmond Tutu and others around the world who condemn this unnecessary
act.
____________________
THE BUDGET AND THE PRESIDENT'S NEWS CONFERENCE
(Mr. PENCE asked and was given permission to address the House for 1
minute and to revise and extend his remarks.)
Mr. PENCE. Yesterday, the President of the United States took to
prime time television in defense of a budget proposal that spends too
much, taxes too much, and borrows too much, and the American people
know it. Our Nation is beginning to understand that the President's
proposed the most fiscally irresponsible budget in the history of our
Nation.
It comes at such a difficult time for our country. I recently met
firsthand with families in my district who are facing these difficult
times with courage and sacrifice.
The leaders of Rushville, Indiana, were sitting down around a kitchen
table at a farm last week, practicing the kind of fiscal restraint and
determination necessary to make it through these difficult times, and
the people in all of our Nation want Washington to do likewise. They
want us to put our fiscal house in order with fiscal responsibility and
a commitment to grow.
The President's budget increases spending and raises taxes on almost
every American household and small business, and invites record
deficits, and adds roughly $1 trillion to our national debt every year
for the next 10 years.
The American people know there's a better way. In the coming hours,
Republicans will unveil a better solution to pass a budget bill based
on fiscal responsibility and the principles of growth.
____________________
TAX CUTS
(Mr. BOCCIERI asked and was given permission to address the House for
1 minute and to revise and extend his remarks.)
Mr. BOCCIERI. Madam Speaker, to my colleagues here on the floor, give
me a break. That's exactly what the American taxpayer has asked for,
and that's what this Congress has delivered.
Over the last 3 months that I have been here in the Congress, here in
the United States Capitol, we have made permanent the $800 Making Work
Pay tax cut for American middle-class families. We've expanded the
child tax credit. We've made the investment into alternative energy,
the tax cuts that are going to help grow green energy jobs here in the
United States and in my district in Ohio. We've made those part of our
package that we've rolled out.
This stimulus package and economic recovery bill that was passed by
this Congress provides the largest tax cut for American middle-class
families and for small businesses in this country. This was the right
step. We can already begin to see the signs of economic recovery on the
horizon.
We've got a long way to go, but the package we introduced and passed
in this Congress is going to be the right track, and we need to put our
country back on track. That's what the American taxpayers have asked
for, and that's what we're giving them, a break.
____________________
THREAT FROM IRAN IS REAL
(Mr. OLSON asked and was given permission to address the House for 1
minute and to revise and extend his remarks.)
Mr. OLSON. Madam Speaker, the threat from Iran is real. It endangers
Israel, our greatest ally in the Middle East, many of our NATO allies
in Europe, and indeed, the United States of America herself.
The President has said that Iran with nuclear weapons would be a
``game changer,'' and last week he sent a video message to the people
of Iran. What was contained in the message was not as striking as what
was left out.
The President did not call on the Iranian Government to give up
uranium enrichment. He did not insist that the Iranian Government stop
arming Hezbollah in Lebanon and Hamas in Gaza. He did not insist that
the Iranian Government stop threatening Israel.
What he did do was call for a ``new beginning,'' without saying much
more. Israeli President Shimon Perez also appealed to the people of
Iran before making clear that the country would be run by religious
fanatics.
I urge the President to rely more on our friends in the Middle East,
who deal with Iran on a daily basis, and less on Youtube and sports
metaphors.
The United States must make clear that we support Israel, their
President, and their new prime minister in their continuing struggle
with Iran and its misguided leaders.
____________________
PROVIDING FOR CONSIDERATION OF SENATE AMENDMENTS TO H.R. 146, OMNIBUS
PUBLIC LAND MANAGEMENT ACT OF 2009
Ms. PINGREE of Maine. Madam Speaker, by direction of the Committee on
Rules, I call up House Resolution 280 and ask for its immediate
consideration.
The Clerk read the resolution, as follows:
H. Res. 280
Resolved, That upon adoption of this resolution it shall be
in order to take from the Speaker's table the bill (H.R. 146)
to establish a battlefield acquisition grant program for the
acquisition and protection of nationally significant
battlefields and associated sites of the Revolutionary War
and the War of 1812, and for other purposes, with the Senate
amendments thereto, and to consider in the House, without
intervention of any point of order except those arising under
clause 10 of rule XXI, a single motion offered by the chair
of the Committee on Natural Resources or his designee that
the House concur in the Senate amendments. The Senate
amendments and the motion shall be considered as read. The
motion shall be debatable for one hour equally divided and
controlled by the chair and ranking minority member of the
Committee on Natural Resources. The previous question shall
be considered as ordered on the motion to final adoption
without intervening motion or demand for division of the
question.
{time} 1030
The SPEAKER pro tempore. The gentlewoman from Maine is recognized for
1 hour.
Ms. PINGREE of Maine. Thank you, Madam Speaker.
For the purpose of debate only, I yield the customary 30 minutes to
the gentlewoman from North Carolina (Ms. Foxx). All time yielded during
consideration of the rule is for debate only. I yield myself such time
as I may consume.
General Leave
Ms. PINGREE of Maine. I also ask unanimous consent that all Members
be given 5 legislative days in which to revise and extend their remarks
on House Resolution 280.
The SPEAKER pro tempore. Is there objection to the request of the
gentlewoman from Maine?
There was no objection.
[[Page 8587]]
Ms. PINGREE of Maine. Madam Speaker, House Resolution 280 provides
for consideration of the Senate amendments to H.R. 146, the Omnibus
Public Land Management Act of 2009. The rule makes in order a motion by
the chairman of the Committee on Natural Resources to concur in the
Senate amendments to H.R. 146, the Omnibus Public Land Management Act
of 2009. The rule provides 1 hour of debate on the motion controlled by
the Committee on Natural Resources.
Madam Speaker, today, people across the country are looking to this
body to pass this important bill. We have an historic opportunity to
protect and preserve land across the country for future generations.
Our grandchildren and their grandchildren will be able to enjoy
national parks around the country.
In Maine, my district, like so many other areas around the country,
we cherish the natural beauty that surrounds us, and we have worked
hard to preserve it. When I was the Senate majority leader in the State
of Maine, I sponsored the biggest land bond bill in State history to
preserve our open spaces for the public.
Time and again, the people of my State have voted to invest in public
land that will be protected for generations to come, and we value the
full variety of uses of that land, whether it be hiking, camping,
kayaking, hunting, or fishing.
We are here today to consider the Senate amendments to H.R. 146, the
Omnibus Public Land Management Act of 2009. These amendments provide us
with the opportunity to strengthen our National Park System, improve
forest health, facilitate better management of our public lands, and
increase the quantity and quality of the water supply in numerous local
communities.
This is not the first time this body has voted on this legislation.
On March 11, a bipartisan majority of the House voted in favor of the
Omnibus Lands Management Act. Unfortunately, it narrowly failed to
obtain the two-thirds vote to pass the House. Last year, the majority
of the bills that make up this package were passed out of the House but
were held up in the Senate by a threatened filibuster.
Finally, this year the Senate voted twice--each time overwhelmingly
in favor of this package. Our time to send this legislation to the
President's desk is long overdue.
This package will provide protection to historic and cultural
resources that include the sacred ground of American battlefields. In
addition, it will protect our forests, our water, our network of
trails. It will add to our National Park System and provide land that
we can all enjoy.
By finally passing this legislation today, we will designate over 2
million acres of land as wilderness. This means that when our
grandchildren want to take their families to see what America looked
like in its wild state, they will be able to. And they will be able to
explore these lands because we are not closing off or preventing access
to land.
Instead, the wilderness designation helps manage the various uses,
and this legislation recognizes that some areas are better suited for
some kinds of recreation than others.
This act also provides protection to historic sites like the Harriet
Beecher Stowe House in my State of Maine, where this courageous
abolitionist wrote ``Uncle Tom's Cabin.'' Future generations will be
able to see and use this site and others protected by this legislation.
This legislation before us is a product of bipartisan efforts that
recognize how critical it is to conserve our land and ensure that the
American people have access to that land. Land is one of our most
precious resources and we must do our part, not only for our use but
for future generations.
This legislation protects areas for outdoor recreation. It preserves
land for hunting, fishing, and other recreational activities. Not only
does this package protect some of the most environmentally significant
and scenic land in the country, it also provides protection for our
Nation's water resources and keeps our Wild and Scenic Rivers undammed
and free flowing.
Taken as a whole, this package is truly landmark legislation. The
amendments incorporate bipartisan bills introduced by the last
Congress--39 by Democrats and 36 by Republican Members of the House.
Finally, as good a piece of legislation as I think this is, the
debate before us is simply on the rule to debate the underlying bill.
My colleagues on the other side of the aisle may argue that this did
not go through regular order, or this limits second amendment rights,
or that it somehow excludes our honored returning vets from accessing
public lands, but all of those arguments are simply untrue.
Mr. HASTINGS of Washington. Will the gentlelady yield?
Ms. PINGREE of Maine. No, I won't.
I urge my colleagues on both sides of the aisle to support this very
important public lands bill.
I reserve the balance of my time.
Ms. FOXX. Madam Speaker, the best thing about what has been happening
in this session of Congress, I think, is that the American people are
paying close attention to what is going on here, and I certainly hope
that they are paying close attention to the debate on this rule today
because it's an important rule that we are debating and it's an
important bill that is going to be voted on.
Process is important, I think, although people say most folks don't
pay attention to it. But what the majority has done, it's taken a very,
very bad bill and used every possible maneuver to it to keep us from
really debating this bill, from voting on amendments, and from dealing
with this bill in an open way.
I want to say that I am a big supporter of national parks. I often
say that I think the Federal Government's number one job is national
defense, but I think there is an important role in this country for
preserving land for all people to use.
So I am a supporter of national parks. When I travel around the
country, those are the places that I like to go.
We are debating the rule, but the underlying bill, I think, is going
to harm our country and harm Americans in many ways. We are going to be
restricting Americans' right to the second amendment in this country.
We are going to be restricting people with disabilities from using the
very lands that they think they should be able to use. We are going to
be restricting our disabled veterans from being able to use the parks
and areas that are being set aside. We are going to be trampling on the
important issue of eminent domain.
Many people are opposed to this bill. We even have the ACLU along
with several other groups saying that they are opposed to this bill and
have serious reservations about it.
But it's going to be rammed through, like so many other things have
been rammed through in this session of Congress, and it's setting the
tone for how the majority is operating in this Congress at this time.
We are even told that even though 100 of these bills--there are 160
bills in this one bill--even though 100 of them have never been debated
by either body, because the Senate okayed this, then it's okay with us.
I suspect that later on in this session I'm going to hear my
colleagues who made that comment make a very, very different kind of
comment.
So I am very concerned about this rule. I think it is a bad
underlying bill. I think the rule is bad because it cuts off debate.
But this is the modus operandi of the majority in this session.
With that, Madam Speaker, I would like to yield 8 minutes to a former
member of the Rules Committee, the distinguished gentleman from
Washington (Mr. Hastings).
Mr. HASTINGS of Washington. Madam Speaker, I rise in strong
opposition to this rule and the total blockade erected by House
Democrat leaders to any amendments being offered on this over 1,200-
page bill, this $10 billion omnibus lands package.
This bill is a monster bill created by the Senate, stacking together
more than 170 pieces of different legislation. Over 100 of these bills
have never been voted on in the House.
[[Page 8588]]
The legislative strategy behind the creation of this omnibus bill was
to make a bill--apparently like AIG--that is too big to fail.
Of course, the bill does contain some worthwhile provisions,
including a few that I offered. But if we were wise, if we were wise in
this House, our recent experiences with TARP and the stimulus package
would serve as a cautionary tale about the need for deliberation before
passing gargantuan bills.
Last week, for example, Congress loudly expressed indignation about
the Wall Street bonuses. But now we learn that restrictions on bonuses
were in the original legislation but they were stripped out in the
final bill by someone in Congress, specifically in the Senate.
And yet here we are again, about to ensure that another far-reaching
bill will move through the House, unexamined, and it with no
opportunity for amendment.
However, there are many areas in this bill that need improvement. I
filed, Madam Speaker, just 10 amendments with the Rules Committee on
the most serious areas of concern.
Let me highlight just a few of them: Ensuring protection of our
border security; producing American-made energy that will create new
jobs; ensuring public access to Federal lands--and I will talk about
that more in a moment--and restoring Americans' second amendment rights
while on Federal lands. This was struck down last Thursday by a judge
here in D.C.
On the need to protect our borders, do we know what effect the
enhanced environmental restrictions under this bill will have on border
security? No, we do not.
The Senate has stricken out an amendment by Mr. Grijalva of Arizona
to the National Landscape Conservation System bill that was adopted in
this House last April, 414-0. This unanimously approved House amendment
stated, ``Nothing in this act shall impede any efforts by the
Department of Homeland Security to secure the borders of the United
States.'' The Senate stripped this provision from the bill and now that
protection is gone.
I filed an amendment with the Rules Committee to restore this
provision as it reflects the unanimous House position, as well as
another amendment to apply this border security protection language to
the entire omnibus bill.
We must ensure that provisions in this bill do not ban the use of
vehicles and other technology to patrol and secure our border. But this
rule we are debating doesn't allow any amendments to be debated or
voted on by this House.
The force behind denying any amendment to the omnibus bill is so
great, so great, that the House is apparently willing to fall over and
play dead on border security. We don't even know who is responsible for
deleting this amendment in the Senate.
If this bill becomes law without fixing this border security
loophole, I fear we will likely look back in the future and say, Well,
we really should have kept that safeguard in and not let the Senate
strip it out, just like the Senate stripped out the AIG provision that
we railed against last week.
The price Americans pay to fill up their cars is starting to go up
again, yet H.R. 146 prohibits American-made energy production on
Federal lands--production that would create new jobs in these difficult
economic times. Our Nation can't afford to shut down the creation of
jobs and we can't afford to become even more dependent on foreign oil.
The omnibus bill even locks up Federal lands from renewable energy
production, including wind and solar. Again, amendments that I filed to
address these issues were rejected by the Rules Committee.
As written, Madam Speaker, the omnibus bill prevents and bans public
access to Federal lands in many ways. The recreational riding of
bicycles and motorbikes is prohibited in over 2 million acres of public
land. Wheelchair access to wilderness areas is effectively banned as
well.
Madam Speaker, let me explain. Federal law does not ensure that
wheelchairs capable of use in outdoor natural areas are allowed. It
only permits wheelchairs that are ``suitable for use in an indoor
pedestrian area.''
Madam Speaker, I know there's a great deal that politicians disagree
on, but I hope that we can agree on this fundamental fact: Nature is
outdoors. Wilderness areas and national parks are located outside, and
wheelchairs and similar devices that allow the disabled access to
outdoor natural areas is not allowed under existing law or this omnibus
bill.
Furthermore, current law expressly says that accommodation for
wheelchairs or the disabled in wilderness areas is not required.
Therefore, the disabled act reigns.
Public lands should be available for public enjoyment. That includes
disabled. Yet access for disabled veterans and all disabled Americans
is not protected by this omnibus.
I proposed several amendments to address these shortcomings,
including explicit protections for bicycle access, existing motorized
recreational vehicle access, as well as an amendment for access for
disabled and disabled veterans on lands covered in this bill.
Mr. DREIER. Will the gentleman yield?
Mr. HASTINGS of Washington. I would be happy to yield.
Mr. DREIER. I thank my friend for yielding.
Madam Speaker, I want to congratulate our friend from Pasco, the
ranking member of the Resources Committee, for his very hard work on
this issue, and to report to the House, unfortunately, the fact that
the Rules Committee last night, after a very, very contentious debate,
on a party-line vote, decided not to allow the very thoughtful
amendments that Mr. Hastings has brought forward to be considered.
It's interesting to note, if my friend would continue to further
yield, that we in the last week or two have been dealing with the
aftermath of the 1,100-page stimulus bill that was brought before us.
{time} 1045
We know that last week we spent all of our time trying to figure out
a way around the $167 million in bonuses that were provided to AIG
executives. Everyone was up in arms about this, and people are still
pointing fingers to determine how it is that that measure got into the
stimulus bill.
Well, one of the things that we found is that unintended consequences
continue to come forward and we, thanks to Mr. Hastings' efforts, found
an unintended consequence. I have to say, Madam Speaker, for many, many
years we, as Republicans, have been maligned, maligned regularly by our
friends on the other side of the aisle for trying to pull the rug out
from under seniors, starving children, and the disabled. I would not
dream of standing here arguing that there is any Member of this House,
Democrat or Republican, who would want to deny the disabled access to
wilderness areas. But I know this, a problem was raised.
The SPEAKER pro tempore. The gentleman from Washington's time has
expired.
Ms. FOXX. I yield an additional 2 minutes to the gentleman from
Washington (Mr. Hastings).
Mr. HASTINGS of Washington. I yield to the gentleman from California
(Mr. Dreier).
Mr. DREIER. Let me say, and I thank both of my colleagues for their
kindness, but let me say, Madam Speaker, as we look at this challenge
which has been such a great one, there is no one, as I said, who would
want to deny any disabled person access, Democrat or Republican, even
though we are regularly accused of such heinous acts and have been for
many, many years.
But Mr. Hastings found the unintended consequence here, and last
night in the Rules Committee we came forward and said here is a way to
deal with this challenge. We want to ensure that people who are
disabled have access to our wilderness areas. And again, Mr. Hastings
had two amendments. We offered them, and on a party-line vote he was
denied an opportunity to offer those amendments.
Again this gets to this point, Madam Speaker, we are in this era of
bipartisanship as put forward by Speaker
[[Page 8589]]
Pelosi, a great desire to listen to the input provided by Members
regardless of political party; and here we have a commonsense package
of amendments that will deal with something that no one wants to allow
happen, and yet Members of the Republican Party were in fact shut out
from having a chance to offer those amendments whatsoever. And I
believe it is a very sad day for this institution and the Committee on
Rules that such action would take place.
I thank my friend for yielding and thank him again for his very hard
work on this important issue.
Mr. HASTINGS of Washington. I appreciate the gentleman's remarks.
Madam Speaker, there is another issue. I offered an amendment with
Mr. Bishop of Utah dealing with the second amendment rights, and he
will speak to that. But I want to tell the House that this is an issue
to correct a Federal judge's decision from last week that bans the use
of firearms under State law on certain Federal lands. We can rectify
that without slowing this bill down at all.
The SPEAKER pro tempore. The gentleman's time has expired.
Ms. FOXX. I yield the gentleman an additional minute.
Mr. HASTINGS of Washington. We can rectify this, Madam Speaker, by
defeating the previous question. If we defeat the previous question and
allow a motion to amend the rule to take up the amendment that I
offered dealing with the second amendment, then we can add that to the
package and this House will have an opportunity to vote on that.
The reason I bring this up, while 2 weeks ago the House put in the
Altmire amendment, at that time the nonrestriction on gun ownership on
Federal lands was in place until the judge struck it down. This
corrects that, and it needs to be corrected. We can correct it today by
defeating the previous question and allowing us to amend the rule to
take up my amendment on the second amendment.
I urge Members when we get to that point to vote ``no'' on the
previous question so we can amend the rule to take up this issue on gun
rights that Mr. Bishop will talk about later.
Ms. FOXX. Madam Speaker, I reserve the balance of my time.
Ms. PINGREE of Maine. Madam Speaker, I yield 3 minutes to the
gentleman from Oregon (Mr. Blumenauer).
Mr. BLUMENAUER. Madam Speaker, I appreciate the gentlelady's courtesy
in permitting me to speak on the rule and support for the underlying
bill.
This morning marks hopefully the culmination of 7 years of work that
I have been involved with in the State of Oregon to preserve one of our
special places, the Mount Hood wilderness. It has been a bipartisan
effort. Indeed, I hiked around Mount Hood with my good friend and
colleague, Greg Walden, 5 years ago now, with our staff. We have had
countless meetings with stakeholders, with Native Americans, with
cyclists, with all of the special interests that care about this icon
of Oregon, Mount Hood. And it took us a lot of hard work to reach the
sweet spot where we had bipartisan support. We actually got it through
the House once, and it stumbled in the Senate.
Madam Speaker, it is too important for us to start down this trail of
starting to tweak the legislation now, because I have watched the Mount
Hood wilderness be tied up in Senate politics and procedural activities
for a half-dozen years now. I strongly urge that we support this
underlying bill and be able to bring in millions of acres of America's
special places to give them wilderness designation.
I want to thank my friend, Greg Walden; the dean of our delegation,
Peter DeFazio; and in the other body, Senator Wyden; former Republican
Senator Smith; and new Senator Merkley. All of us have joined together
on this landmark legislation for Mount Hood. I see my good friend and
colleague Congressman Minnick from Idaho here. This is a journey in
Idaho that Representative Simpson has been working on for years as
well. Members should come together and pass this legislation.
The rule does matter. We have watched one single Member of the other
body tie up critical wilderness legislation for years. We have got it
through the Senate, finally. We have broad bipartisan support for
special places all across America. I strongly urge that we resist the
temptation to tinker with this bill now. I would like to think that my
colleague on the other side of the aisle is offering this from the
purest of motives, but the fact is that we have watched delay and
amendment foul up the wilderness legislation procedurally for a half-
dozen years.
By approving this rule, approving this legislation, we can move
forward with these protections for special places all across America.
And then we can go back and deal with any unresolved issues. Heaven
knows, I want to make sure that we take care of issues that relate to
cyclists, for instance. Vote for the rule, vote for the bill, and get
on with business.
Ms. FOXX. Madam Speaker, I yield 3 minutes to the gentleman from
California (Mr. Radanovich).
Mr. RADANOVICH. Madam Speaker, yesterday I went to the Rules
Committee and offered an amendment to the Omnibus Public Lands bill
that would have saved 80,000 jobs and over $2.2 billion worth of income
in my district by ending the regulatory drought that currently plagues
the San Joaquin Valley. Surprisingly, the Rules Committee said ``no''
to saving 80,000 jobs despite bipartisan support.
My amendment would have temporarily removed the restrictions the
Endangered Species Act places on Federal and State water pumps in the
California Bay-Delta, allowing water to be moved from northern and
central California to farming families in my district and to millions
of urban Californians in the southern portion of the State. Pumping and
storing more water is necessary if we want to relieve the devastating
drought in California. Yet, the Rules Committee didn't consider the
billions of dollars and jobs it would save to be worthwhile.
The way this legislation has been put together and shuttled through
Congress is atrocious. The majority has sprinkled a few meritorious
provisions in an effort to buy votes around what is otherwise damaging
legislation.
This bill blocks millions of acres from new oil and gas leasing and
all other business activity. Further, the bill designates more than 2
million acres as wilderness acres, permanently restricting public
access. The Federal Government already owns 30 percent of the total
land area of the United States. It doesn't need any more.
Though I will not vote for the Omnibus Public Lands bill for the
serious reasons previously stated, there are some supportable measures
in the bill. The Tuolumne Me-Wuk Land Transfer Act, the Madera Water
Supply Enhancement Act, and the San Joaquin River Restoration
Settlement are three examples.
The Madera Water Supply Enhancement Act creates an underground water
bank in my district which is desperately needed in the San Joaquin
Valley to mitigate the effects of drought and the onerous Endangered
Species Act regulations.
I also support the San Joaquin River Restoration Settlement,
resolving a 20-year lawsuit that threatened the water supply for
farmers in the San Joaquin Valley. The San Joaquin River Restoration
Settlement gave my agricultural constituents something they did not
previously have: a seat at the negotiating table. Before the
settlement, a Federal judge was going to decide how much water farmers
would lose in order to restore a salmon fishery. By giving farmers a
voice in the solution, the settlement prevents an agricultural disaster
and gives the agricultural community some control over their water
future. Additionally, all 22 water districts of the Friant Water Users
Authority have consistently voted in support of the settlement. The
settlement is a product of hardworking folks who simply want to
continue growing food to feed this great Nation with a safe, reliable,
and efficient water supply. I believe we have accomplished that goal in
this settlement.
The SPEAKER pro tempore. The gentleman's time has expired.
[[Page 8590]]
Ms. FOXX. I yield another 30 seconds to the gentleman from
California.
Mr. RADANOVICH. Madam Speaker, I support these portions of the
Omnibus Public Lands Act, and believe that they should be passed on
their own merit. However, for reasons stated above, I cannot support
the overall package and urge my colleagues to vote against this rule
that did not allow a vote to save 80,000 jobs and over $2 million in
income in California at no cost to the taxpayers.
Ms. PINGREE of Maine. Madam Speaker, I yield 2 minutes to the
gentleman from Colorado (Mr. Polis).
Mr. POLIS. Madam Speaker, I rise today in strong support of the
Omnibus Public Lands bill under consideration, as well as the rule.
This bipartisan and bicameral effort has taken a lot of work, and it
has been a long and twisting road. But we have before us today a widely
supported piece of legislation that benefits our Nation from Florida to
Alaska, Texas to Minnesota, and, indeed, my district in Colorado.
I was lucky enough to grow up in Boulder, Colorado, hiking in Mount
Sanitas, the Flat Irons, and Flagstaff Mountain--all areas under public
management. This bill will protect and defend some of America's truly
great public lands so that children all across the country can grow up
enjoying our environment and interacting with our ecosystems, just like
I did when I was a kid.
It will also finally give Rocky Mountain National Park, a prized
jewel in Colorado, the wilderness designation it deserves. The Rockies,
rising high above Denver and our surrounding communities, are visited
by local residents and international adventurers who come to be
surrounded by our awe-inspiring landscapes and diverse ecosystem.
These visitors sustain Colorado communities like Estes Park and Grand
Lake, communities that rely on tourism and recreation jobs, and will be
well served by this bill.
Furthermore, the National Landscape Conservation System, the wild and
scenic rivers and national heritage areas that this bill codifies, will
enrich our country many times over. Just as Rocky Mountain National
Park and the Indian Peaks Wilderness have enriched the culture and
history of Colorado, the National Landscape Conservation System will
enrich our country.
This bill's passage is long overdue. It will preserve landscapes,
educate generations, enrich lives and support local communities. We
have addressed any reasonable concerns that have been posed, and at
long last it is time for this bill to become law.
Madam Speaker, I urge my colleagues to join me in support of this
important piece of legislation. I thank Chairman Rahall for his
leadership on this bill, Representative Pingree for her leadership on
the rule, and I look forward to sending this bill to the President.
Ms. FOXX. Madam Speaker, I now would like to yield 4 minutes to my
distinguished colleague, the gentleman from Utah (Mr. Bishop).
{time} 1100
Mr. BISHOP of Utah. Madam Speaker, this new bill and the amendments
to the bill cover 177 different issues, 100 of which were obviously
never discussed in the House before. I think it is important to note
that the chairman of this committee, Mr. Rahall, the Democrat chairman,
would not have done this. On each of the issues we actually did
discuss, he went through regular order. There were hearings. There was
a markup. They brought them individually to the floor for debate.
This bill is in this condition not because there were Senate
filibusters, for indeed some of these provisions have sat over in the
Senate for as long as 2 years. This bill--this concoction--is here
simply because the Senate failed to do their job. They did not hold
hearings. They did not hold markups. They did not bring these issues to
the floor in a regular manner. They lumped them all together.
And now it is almost humorous to watch the contortions that the
Democratic Party is going to go through to try and stifle any kind of
debate or change in this bill. Originally it came to us as a suspension
in a situation in which it could not be amended, could not have a
motion to recommit, even though it did somehow get an amendment on it.
Now it is coming back to us in a version of amendments to another
Revolutionary War bill. They actually had a Civil War monument
battlefield bill over there with a Republican sponsor. They could have
at least made those amendments to that bill and appeared bipartisan.
But nonetheless it is now here to us as the form of amendments with a
closed rule so we can't talk about them again.
Now one of the amendments that got into this bill, even though it
wasn't actually supposed to get into the bill, dealt with hunting
rights. Mr. Hastings of Washington talked about that issue very
briefly. Hunting is not the same thing as the second amendment. And we
have special interests that went before a maverick judge who ruled that
8 months of study is not the same thing as a quick review. It is not
long enough. And therefore that judge, in her own right, changed
National Park Service policy that was designed to create consistency
and created instead chaos.
If the Park Service rule had been left in place without this judge
playing around with it, all public lands under the Department of the
Interior would be treated the same way. The Bureau of Land Management
does not prohibit against lawful concealed carry anywhere that it is
allowed by States. The Forest Service doesn't do it either. Only the
Park Service. And the Park Service changed their rule to make it in
compliance with everything else and bring consistency. This judge
changed it to chaos.
Now when we think about national parks, we think about Yellowstone,
Grand Canyon, Zion and Bryce. But the National Park Service controls
lands, they control roads and walkways. It is impossible to drive or
jog without going in and out of Park Service land which is never signed
or notified, so no one really knows whether you are actually legally
carrying a concealed weapon or not. We have had people who have been
arrested, entrapped, on Park Service land for carrying a concealed
weapon where if they had gone a couple of blocks further, they would be
in Virginia territory where it was legal. That is ridiculous. That is
silly.
Yet this provision is now done by judicial fiat, which means that the
hunting amendment that was put in by the Democrats in the contortion of
trying to get this bill through is now meaningless and it is
insignificant, which is why Representative Hastings of Washington has
an amendment to reverse that decision and bring consistency back to the
Department of the Interior.
This is the proper time. It is the proper venue. It should have been
made in order. It would have solved the problem.
I introduced another amendment in there to simply take four
amendments that were passed by this House on the floor, bipartisan
amendments, Republican and Democrat, that were voted in a bipartisan
way and rejected by the Senate simply because the Senate said they
didn't have the time to review what the House did. These were short
amendments. If you wrote small, you could put them all on one page. It
is wrong that the Senate rejects the work of this floor. This side of
the Capitol is just as important as that side of the Capitol.
The SPEAKER pro tempore. The time of the gentleman has expired.
Ms. FOXX. I yield the gentleman 30 additional seconds.
Mr. BISHOP of Utah. It is just as important as that side of the
Capitol. And what we do should be respected. That amendment should have
been put in order so that what the House passed and what the House said
should be part of this particular bill if indeed it is going to pass.
There is no reason why we should have our amendments taken out and let
the Senate simply do what it wants to because the Senate failed to work
in an orderly process while they had these bills for years and years.
Ms. PINGREE of Maine. Madam Speaker, I yield 1 minute to the
gentleman from Idaho (Mr. Minnick).
[[Page 8591]]
Mr. MINNICK. Madam Speaker, this legislation protects public lands in
my home State of Idaho within the vast Owyhee Canyonlands. It is
contained within one county in my district which is larger than five
States and has only 12,000 hardscrabble residents, fewer people per
square mile than any county in the continental United States.
Last summer, I had the privilege of spending several days floating a
rarely visited upper stretch of the Owyhee River within the area this
bill will protect. If passed, this bill will permanently protect as
wilderness 517,000 stunning, unspoiled acres of my home State's
landscape and would provide Wild and Scenic status to nearly 315 miles
of its free flowing rivers. It will also guarantee that the ranching
families who have protected this land for generations will continue on,
with their grazing rights protected from the free-ranging ORVs which
will be restricted to designated roads and trails.
The SPEAKER pro tempore. The time of the gentleman has expired.
Ms. PINGREE of Maine. I yield the gentleman 15 additional seconds.
Mr. MINNICK. I salute my colleague in the Senate, Mike Crapo, who
fostered a bipartisan collaborative process of ranchers, public
officials, community leaders and conservationists to preserve our
cherished Owyhees.
I urge my colleagues to support this historic legislation. I support
the rule.
Ms. FOXX. Madam Speaker, I now would like to yield 1 minute to my
colleague from Illinois (Mr. Roskam).
Mr. ROSKAM. Madam Speaker, I thank the gentlelady for yielding.
A couple of minutes ago, our friend from the other side of the aisle,
the gentleman from Oregon said, and I wrote it down, ``We need to
resist the temptation to tinker with this.'' Wow. I don't really have a
category for that. Think about the experience that we're coming off of
where this body failed to properly vet the stimulus package that ends
up passing with an 1,100-page thud and all of a sudden people are
unable to answer the simple question, did you read it or did you not
read it? And we have an AIG debacle that has completely confused and
created a great deal of consternation across the country.
Nearly half the bills that are being contemplated in this omnibus,
Madam Speaker, have not been contemplated by the House, and that is
considered ``tinkering''? I think that this is acting as a coequal
branch of government. And we ought not to give up this authority, we
ought not to give up this responsibility, and we need to vote against
this rule so that this House can do the right thing.
Ms. PINGREE of Maine. I reserve my time.
Ms. FOXX. Madam Speaker, I would now like to yield 2 minutes to our
colleague, Mr. Fleming, from Louisiana.
Mr. FLEMING. I thank the gentlelady from North Carolina.
I want to speak out on this rule and certainly the underlying
legislation for the omnibus public land bill. The Constitution of the
United States has long been a thorn in the side of many activist judges
in this country. Last week we witnessed another act of hostility
towards the Constitution when a U.S. district judge single-handedly
decided to recede one of our basic constitutional rights. The ruling by
Judge Colleen Kollar-Kotelly eliminating a law-abiding citizen's right
to carry a concealed weapon on Federal lands is a direct assault on the
second amendment.
The right to bear arms was a founding principle of our democracy, and
the second amendment spells out this principle in clear, unambiguous
language that requires no clarification or translation: ``The right of
the People to keep and bear arms shall not be infringed.'' Citizens
should not lose this right just because they are standing or driving on
Federal lands.
It is our responsibility in Congress to craft legislation that is in
accordance with the Constitution. And we should not see cede this
responsibility to an agenda-driven activist judge.
I urge my colleagues to join me in upholding and protecting this
country's founding document by voting to restore Americans' second
amendment rights on public lands.
``A well regulated militia, being necessary to the security of a free
state, the right of the people to keep and bear arms shall not be
infringed.''
Let us never forget the second amendment and its importance.
Ms. PINGREE of Maine. Madam Speaker, I reserve my time.
Ms. FOXX. Madam Speaker, I would like to yield 2 minutes to Mr.
Nunes, the distinguished gentleman from California.
Mr. NUNES. Madam Speaker, around the world today, more than 1 billion
people do not have access to water. Conflict rages among populations on
every continent for the control of this vital resource. In the
undeveloped world, violence and bloodshed often determine winners and
losers. And, indeed, brutal dictators like Robert Mugabe have taken
water from their own people as a means of control.
Most Americans would never believe our government is capable of such
an act, the intentional drying up of entire communities. That is what
the San Joaquin River Settlement does to central California.
Madam Speaker, the Democrat leadership in Congress clearly has no
interest in the economic prosperity of the San Joaquin Valley and no
compassion for those suffering due to manmade water shortages.
This legislation will ensure higher unemployment in a region nearing
20 percent unemployment. The poverty you are creating is unprecedented.
This body's cruelty in the face of suffering is beyond belief.
If this Congress isn't capable of delivering water to people, perhaps
we can ask the United Nations for help. Maybe they would be willing to
deliver water, distribute humanitarian aid and rebuild the San Joaquin
Valley you seem so committed to destroying.
Madam Speaker, I urge my colleagues to vote ``no'' on this rule and
vote ``no'' on this bill.
Ms. PINGREE of Maine. I continue to reserve my time.
Ms. FOXX. Madam Speaker, I would like to ask the gentlewoman from
Maine if she is prepared to close.
Ms. PINGREE of Maine. Yes. I am the last speaker for this side. I
will reserve my time until the gentlewoman has closed for her side and
yielded back her time.
Ms. FOXX. Madam Speaker, I yield myself the balance of my time.
The SPEAKER pro tempore. The gentlewoman is recognized for 4 minutes.
Ms. FOXX. I must urge my colleagues to vote ``no'' on the previous
question so that we can amend this rule to restore Americans' second
amendment rights on public lands and wildlife refuges. In January, with
overwhelming support from both sides of the aisle, the Federal
Government announced a commonsense policy to allow citizens legally to
carry concealed firearms in national parks and wildlife refuges in
accordance with State law.
Last week, House and Senate leaders added an amendment, sponsored by
Representative Jason Altmire, to the Omnibus Public Lands Management
Act that protects hunting and fishing on certain parts of Federal land.
It clarified that the States have the authority to manage fish and
wildlife. In short, the Altmire amendment made certain that Americans
kept their second amendment right to carry concealed firearms on public
land.
However, in an arbitrary reversal of sound policy on March 19, a U.S.
district judge single-handedly decided to block this commonsense policy
to allow citizens to carry concealed firearms in national parks and
wildlife refuges in accordance with State laws. As Ranking Member
Hastings said, ``There is now a giant hole in the Altmire language.''
Americans' constitutional second amendment rights are again in
jeopardy, and I call on the Democrats in charge to amend this rule so
Congress can protect these rights as we were sent here by our
constituents to do.
For months, Democrats in the House and Senate have done everything in
their power to block the House from voting on any amendments to this
enormous 1,200-page, $10 billion bill which combines over 160 land
bills, most of which have never had hearings in either the House or the
Senate.
[[Page 8592]]
This bill contains hundreds of millions of taxpayer dollars in new
spending and locks up additional public land which may have energy
resource potential. Many of the bills rolled into this package are
controversial and ambiguous, yet in a series of hasty maneuvers to
silence dissent, the Democrats have worked to marginalize rather than
engage the healthy debate our constituents deserve on these bills.
With this new court ruling, Americans' second amendment rights would
be in jeopardy on all Federal land, including 2 million new acres of
land designated as ``wilderness areas'' under this bill. Today, there
are 708 federally imposed ``wilderness areas'' totaling 107 million
acres of land in 44 States. If this bill is enacted, the amount of
Federal wilderness areas will exceed the amount of all developed land
in the United States. If Congress does not take action to protect every
American's constitutional rights now, it won't be long before these
rights are in jeopardy on even more land.
Madam Speaker, I ask unanimous consent to insert the text of the
amendment and extraneous material into the Record.
The SPEAKER pro tempore. Is there objection to the request of the
gentlewoman from North Carolina?
There was no objection.
Ms. FOXX. Madam Speaker, I call on the Democrats in charge to fulfill
their obligation to the American people by restoring their second
amendment right to carry concealed firearms on public lands in
accordance with State law.
I urge my colleagues to defeat the previous question and defeat the
rule.
I yield back the balance of my time.
Ms. PINGREE of Maine. Madam Speaker, let me be clear on two things.
Nothing in this bill in any way limits or restricts access as defined
by the ADA. Nothing in H.R. 146 changes the status quo in regards to
regulation of hunting, fishing and recreational activities in
designated areas.
I would like to enter into the Record a letter from the National
Rifle Association supporting the Altmire amendment to the omnibus
public land management bill.
{time} 1115
I will also submit for the Record a full editorial in today's New
York Times, and I would like to read briefly from that editorial.
``This bill establishes three new national park units and protects
more than 1,000 miles of wild and scenic rivers and streams from
development. But what makes it a memorial piece of legislation are
provisions giving permanent wilderness status, the highest layer of
protection the law can confer, to 2 million acres of public land in
nine States ranging from California and Oregon to Virginia. This would
be the largest addition to the nation's store of protected wilderness,
now about 107 million acres, since 1994.
``The bill has broad bipartisan support in Congress and the country
at large. But after surviving a threatened filibuster in the Senate in
January, it failed by two votes in the House, partly for complex
parliamentary reasons and partly because some House Members felt that
not all the measure's moving parts (the bill is really 160 smaller
bills wrapped into one big one) had been properly vetted in committee.
``This is a defect that afflicts many omnibus bills. It is also true,
however, that every single provision in the bill is a product of long
and intense negotiations stretching back years on the State and local
level, and the product, that is, of consensus.
``The measure is now back in the House after a second trip through
the Senate. It has been approved each step of the way. Its most
controversial provision for a road through a wildlife refuge in Alaska
has been revised for the better. It now gives the Secretary of the
Interior the power to veto the road if he feels it would cause
excessive environmental damage.''
The New York Times closes by saying, ``The House should honor all of
this work, as well as the country's need for protected open space, by
approving this worthy measure.''
This legislation has been through the House and the Senate numerous
times in one form or another. The items in the bill have been
thoroughly vetted. Most, if not all the House provisions have had
extensive hearings, committee markups and been passed by the full
House. The bill is a bipartisan product that contains language sought
by Members on both sides of the aisle. That was reflected in the last
week's suspension vote of 282-144 here in the House. The Senate vote
was 77-20. Any changes at this point would require that the bill goes
back to the Senate, where further action is very unlikely. It is time
to pass this widely supported bipartisan legislation and send it to the
White House for the President's signature. I urge a ``yes'' vote on the
previous question and on the rule.
National Rifle Association of America, Institute for
Legislative Action,
Fairfax, VA, March 10, 2009.
Hon. Nancy Pelosi,
Speaker, House of Representatives, The Capitol, Washington,
DC.
Hon. John Boehner,
Republican Leader, House of Representatives, The Capitol,
Washington, DC.
Dear Speaker Pelosi and Leader Boehner: On behalf of the
National Rifle Association, I am writing to express our
support for the Altmire amendment to S. 22, the Omnibus
Public Land Management Act of 2009. The Altmire amendment
would ensure that the provisions of S. 22 will not be used to
close lands that are currently open to hunting, fishing,
trapping, target shooting and other forms of traditional
recreation. In addition, the amendment clarifies that the
states retain the authority to manage resident fish and
wildlife.
Encroaching development and the increasing population
demand for open space has resulted the closure of federal
lands that were once open to traditional forms of recreation,
such as hunting and target shooting. Whether it is the
closure of a trail that served as the access point for a
generations-old hunting camp or the closure of large areas to
target shooting, the sportsman's way of life has been under
attack. There are those who would exacerbate this situation
by attempting to use land designations to further close
federal lands to sportsmen. This is why the Altmire amendment
is necessary.
The Altmire amendment has already been applied to the
National Landscape Conservation System Act within S. 22. It
is critical to extend this protection for sportsmen to other
areas of the bill, specifically Titles V and VIII pertaining
to Rivers and Trails and National Heritage Areas,
respectively. This is precisely what the Altmire amendment
would do.
While the NRA takes no position on S. 22 as a whole, the
meaningful protections provided by the Altmire amendment are
critical to preserve access for sportsmen and the authority
of the states to manage resident wildlife populations. For
these reasons, we support its inclusion in S. 22.
Should you have any questions or need additional
information, please do not hesitate to contact me directly.
Sincerely,
Chris W. Cox,
Executive Director,
NRA-ILA.
____
[From the New York Times, Mar. 25, 2009]
A Bill Whose Time Has Come
Maybe, just maybe, with a little nudge from Speaker Nancy
Pelosi and other House Democrats, Congress will at last push
a historic omnibus public lands bill over the finish line,
perhaps as early as Wednesday.
The bill establishes three new national park units and
protects more than 1,000 miles of ``wild and scenic'' rivers
and streams from development. But what makes it a memorable
piece of legislation are provisions giving permanent
wilderness status--the highest layer of protection the law
can confer--to two million acres of public land in nine
states ranging from California and Oregon to Virginia.
This would be the largest addition to the nation's store of
protected wilderness--now about 107 million acres--since
1994.
The bill has broad bipartisan support in Congress and the
country at large. But after surviving a threatened filibuster
in the Senate in January, it failed by two votes in the
House--partly for complex parliamentary reasons and partly
because some House members felt that not all of the measure's
moving parts (the bill is really 160 smaller bills wrapped
into one big one) had been properly vetted in committee.
This is a defect that afflicts many omnibus bills. It is
also true, however, that every single provision in the bill
is the product of long and intense negotiations stretching
back years on the state and local level--the product, that
is, of consensus.
The measure is now back in the House after a second trip
through the Senate. It has been improved each step of the
way. Its most controversial provision--for a road through a
wildlife refuge in Alaska--has been revised for the better;
it now gives the secretary of the interior the power to veto
the road if he
[[Page 8593]]
feels it would cause excessive environmental damage.
The House should honor all this work, as well as the
country's need for protected open space, by approving this
worthy measure.
The material previously referred to by Ms. Foxx is as follows:
Amendment to H. Res. 280 Offered by Ms. Foxx of North Carolina
After ``concur in the Senate'' strike ``amendments'' and
insert ``amendment to the title and concur in the Senate
amendment to the text with the amendment specified in section
2''.
At the end of the resolution, insert the following:
Sec. 2. The amendment to the text referred to in section 1
is as follows: At the end of title XIII, add the following
new section (and conform the table of contents accordingly):
``SEC. 13007. FIREARMS IN NATIONAL PARKS AND NATIONAL
WILDLIFE REFUGES.
``Except as provided in section 930 of title 18, United
States Code, a person may possess, carry, and transport
firearms within a national park area or national wildlife
refuge area in accordance with the laws of the State in which
the national park area or national wildlife refuge are, or
that portion thereof, is located''.
____
The information contained herein was provided by Democratic
Minority on multiple occasions throughout the 109th
Congress.)
The Vote on the Previous Question: What It Really Means
This vote, the vote on whether to order the previous
question on a special rule, is not merely a procedural vote.
A vote against ordering the previous question is a vote
against the Democratic majority agenda and a vote to allow
the opposition, at least for the moment, to offer an
alternative plan. It is a vote about what the House should be
debating.
Mr. Clarence Cannon's Precedents of the House of
Representatives, (VI, 308-311) describes the vote on the
previous question on the rule as ``a motion to direct or
control the consideration of the subject before the House
being made by the Member in charge.'' To defeat the previous
question is to give the opposition a chance to decide the
subject before the House. Cannon cites the Speaker's ruling
of January 13, 1920, to the effect that ``the refusal of the
House to sustain the demand for the previous question passes
the control of the resolution to the opposition'' in order to
offer an amendment. On March 15, 1909, a member of the
majority party offered a rule resolution. The House defeated
the previous question and a member of the opposition rose to
a parliamentary inquiry, asking who was entitled to
recognition. Speaker Joseph G. Cannon (R-Illinois) said:
``The previous question having been refused, the gentleman
from New York, Mr. Fitzgerald, who had asked the gentleman to
yield to him for an amendment, is entitled to the first
recognition.''
Because the vote today may look bad for the Democratic
majority they will say ``the vote on the previous question is
simply a vote on whether to proceed to an immediate vote on
adopting the resolution . . . [and] has no substantive
legislative or policy implications whatsoever.'' But that is
not what they have always said. Listen to the definition of
the previous question used in the Floor Procedures Manual
published by the Rules Committee in the 109th Congress, (page
56). Here's how the Rules Committee described the rule using
information form Congressional Quarterly's ``American
Congressional Dictionary'': ``If the previous question is
defeated, control of debate shifts to the leading opposition
member (usually the minority Floor Manager) who then manages
an hour of debate and may offer a germane amendment to the
pending business.''
Deschler's Procedure in the U.S. House of Representatives,
the subchapter titled ``Amending Special Rules'' states: ``a
refusal to order the previous question on such a rule [a
special rule reported from the Committee on Rules] opens the
resolution to amendment and further debate.'' (Chapter 21,
section 21.2) Section 21.3 continues: Upon rejection of the
motion for the previous question on a resolution reported
from the Committee on Rules, control shifts to the Member
leading the opposition to the previous question, who may
offer a proper amendment or motion and who controls the time
for debate thereon.''
Clearly, the vote on the previous question on a rule does
have substantive policy implications. It is one of the only
available tools for those who oppose the Democratic
majority's agenda and allows those with alternative views the
opportunity to offer an alternative plan.
____
Congress of the United States,
House of Representatives,
Washington, DC, March 25, 2009.
Chairwoman Louise Slaughter,
House Rules Committee,
Washington, DC.
Dear Chairwoman Slaughter: It is with deep personal regret
that I learned of comments you made about my truthfulness at
yesterday's Rules Committee hearing in describing the lack of
access that disabled Americans and disabled veterans will
have on federal lands covered under H.R. 146, the Omnibus
Public Lands Management Act of 2009.
Having served on the Rules Committee for twelve years, I
take particular exception to the fact you chose to direct
your comments at me only after I departed the hearing
following my appearing before you as a witness for an hour.
If there were doubts about the accuracy of what I stated,
courtesy and fair play would mean allowing me the opportunity
to rebut your accusations with the facts.
The facts show that my amendments to ensure access for the
disabled and disabled veterans on federal lands in this bill
are very much needed. As written, the Omnibus Lands Bill
prevents and bans public access to federal lands in many
ways. The recreational riding of bicycles and motor bikes is
prohibited on over 2 million acres of public land. Wheelchair
access to wilderness areas is effectively banned as well.
Federal law does not ensure that wheelchairs capable of use
in outdoor, natural areas are allowed--it only permits
wheelchairs that are ``suitable for use in an indoor
pedestrian area.'' Wilderness areas and national parks are
located outdoors, not indoors. Wheelchairs and similar
devices that allow the disabled access to outdoor, natural
areas are not ensured under existing law or this Omnibus
bill. Furthermore, current federal law expressly says that
accommodations for wheelchairs or the disabled in Wilderness
areas are not required.
Public lands should be available for public enjoyment, and
that includes for the disabled. Yet, true access for disabled
veterans and all disabled Americans is not protected in this
Omnibus. I proposed two amendments to explicitly ensure
access for the disabled and disabled veterans to lands
covered in the Omnibus bill. As you know, these amendments
were blocked by you and Democrat Members of the Rules
Committee.
I regret the inaccurate, false statements made about my
truthfulness, and that such comments were made only after I
left the hearing room. But what I most seriously regret is
that the Rules Committee under your leadership refused to
ensure true access for the disabled and disabled veterans for
public lands in the Omnibus bill.
Sincerely,
Doc Hastings,
Ranking Republican Member,
House Natural Resources Committee.
Ms. PINGREE of Maine. Madam Speaker, I yield back the balance of my
time and move the previous question on the resolution.
The SPEAKER pro tempore. The question is on ordering the previous
question.
The question was taken; and the Speaker pro tempore announced that
the noes appeared to have it.
Ms. PINGREE of Maine. Madam Speaker, on that I demand the yeas and
nays.
The yeas and nays were ordered.
The SPEAKER pro tempore. Pursuant to clause 8 of rule XX, further
proceedings on this question will be postponed.
____________________
ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE
The SPEAKER pro tempore. Pursuant to clause 8 of rule XX, the Chair
will postpone further proceedings today on motions to suspend the rules
on which a recorded vote or the yeas and nays are ordered, or on which
the vote incurs objection under clause 6 of rule XX.
Record votes on postponed questions will be taken later.
____________________
SPECIAL INSPECTOR GENERAL FOR THE TROUBLED ASSET RELIEF PROGRAM ACT OF
2009
Mr. MOORE of Kansas. Madam Speaker, I move to suspend the rules and
pass the Senate bill (S. 383) to amend the Emergency Economic
Stabilization Act of 2008 (division A of Public Law 110-343) to provide
the Special Inspector General with additional authorities and
responsibilities, and for other purposes.
The Clerk read the title of the Senate bill.
The text of the Senate bill is as follows:
S. 383
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Special Inspector General
for the Troubled Asset Relief Program Act of 2009''.
SEC. 2. AUDIT AND INVESTIGATION AUTHORITIES.
Section 121 of the Emergency Economic Stabilization Act of
2008 (division A of Public Law 110-343) is amended--
[[Page 8594]]
(1) in subsection (c), by adding at the end the following:
``(4)(A) Except as provided under subparagraph (B) and in
addition to the duties specified in paragraphs (1), (2), and
(3), the Special Inspector General shall have the authority
to conduct, supervise, and coordinate an audit or
investigation of any action taken under this title as the
Special Inspector General determines appropriate.
``(B) Subparagraph (A) shall not apply to any action taken
under section 115, 116, 117, or 125.''; and
(2) in subsection (d)--
(A) in paragraph (2), by striking ``subsection (c)(1)'' and
inserting ``subsection (c)(1) and (4)''; and
(B) by adding at the end the following:
``(3) The Office of the Special Inspector General for the
Troubled Asset Relief Program shall be treated as an office
included under section 6(e)(3) of the Inspector General Act
of 1978 (5 U.S.C. App.) relating to the exemption from the
initial determination of eligibility by the Attorney
General.''.
SEC. 3. PERSONNEL AUTHORITIES.
Section 121(e) of the Emergency Economic Stabilization Act
of 2008 (division A of Public Law 110-343) is amended--
(1) in paragraph (1)--
(A) by inserting ``(A)'' after ``(1)''; and
(B) by adding at the end the following:
``(B)(i) Subject to clause (ii), the Special Inspector
General may exercise the authorities of subsections (b)
through (i) of section 3161 of title 5, United States Code
(without regard to subsection (a) of that section).
``(ii) In exercising the employment authorities under
subsection (b) of section 3161 of title 5, United States
Code, as provided under clause (i) of this subparagraph--
``(I) the Special Inspector General may not make any
appointment on and after the date occurring 6 months after
the date of enactment of the Special Inspector General for
the Troubled Asset Relief Program Act of 2009;
``(II) paragraph (2) of that subsection (relating to
periods of appointments) shall not apply; and
``(III) no period of appointment may exceed the date on
which the Office of the Special Inspector General terminates
under subsection (k).''; and
(2) by adding at the end the following:
``(5)(A) Except as provided under subparagraph (B), if an
annuitant receiving an annuity from the Civil Service
Retirement and Disability Fund becomes employed in a position
within the Office of the Special Inspector General for the
Troubled Asset Relief Program, his annuity shall continue. An
annuitant so reemployed shall not be considered an employee
for purposes of chapter 83 or 84.
``(B) Subparagraph (A) shall apply to--
``(i) not more than 25 employees at any time as designated
by the Special Inspector General; and
``(ii) pay periods beginning after the date of enactment of
the Special Inspector General for the Troubled Asset Relief
Program Act of 2009.''.
SEC. 4. RESPONSE TO AUDITS AND COOPERATION AND COORDINATION
WITH OTHER ENTITIES.
Section 121 of the Emergency Economic Stabilization Act of
2008 (division A of Public Law 110-343) is amended--
(1) by redesignating subsections (f), (g), and (h) as
subsections (i), (j), and (k), respectively; and
(2) by inserting after subsection (e) the following:
``(f) Corrective Responses to Audit Problems.--The
Secretary shall--
``(1) take action to address deficiencies identified by a
report or investigation of the Special Inspector General or
other auditor engaged by the TARP; or
``(2) certify to appropriate committees of Congress that no
action is necessary or appropriate.
``(g) Cooperation and Coordination With Other Entities.--In
carrying out the duties, responsibilities, and authorities of
the Special Inspector General under this section, the Special
Inspector General shall work with each of the following
entities, with a view toward avoiding duplication of effort
and ensuring comprehensive oversight of the Troubled Asset
Relief Program through effective cooperation and
coordination:
``(1) The Inspector General of the Department of Treasury.
``(2) The Inspector General of the Federal Deposit
Insurance Corporation.
``(3) The Inspector General of the Securities and Exchange
Commission.
``(4) The Inspector General of the Federal Reserve Board.
``(5) The Inspector General of the Federal Housing Finance
Board.
``(6) The Inspector General of any other entity as
appropriate.
``(h) Council of the Inspectors General on Integrity and
Efficiency.--The Special Inspector General shall be a member
of the Council of the Inspectors General on Integrity and
Efficiency established under section 11 of the Inspector
General Act of 1978 (5 U.S.C. App.) until the date of
termination of the Office of the Special Inspector General
for the Troubled Asset Relief Program.''.
SEC. 5. REPORTING REQUIREMENTS.
Section 121(i) of the Emergency Economic Stabilization Act
of 2008 (division A of Public Law 110-343), as redesignated
by this Act, is amended--
(1) in paragraph (1), by striking the first sentence and
inserting ``Not later than 60 days after the confirmation of
the Special Inspector General, and not later than 30 days
following the end of each fiscal quarter, the Special
Inspector General shall submit to the appropriate committees
of Congress a report summarizing the activities of the
Special Inspector General during that fiscal quarter.'';
(2) by redesignating paragraphs (2) and (3) as paragraphs
(3) and (4), respectively;
(3) by inserting after paragraph (1) the following:
``(2) Not later than September 1, 2009, the Special
Inspector General shall submit a report to Congress assessing
use of any funds, to the extent practical, received by a
financial institution under the TARP and make the report
available to the public, including posting the report on the
home page of the website of the Special Inspector General
within 24 hours after the submission of the report.''; and
(4) by adding at the end the following:
``(5) Except as provided under paragraph (3), all reports
submitted under this subsection shall be available to the
public.''.
SEC. 6. FUNDING OF THE OFFICE OF THE SPECIAL INSPECTOR
GENERAL.
Section 121(j)(1) of the Emergency Economic Stabilization
Act of 2008 (division A of Public Law 110-343), as
redesignated by this Act, is amended by inserting before the
period at the end the following: ``, not later than 7 days
after the date of enactment of the Special Inspector General
for the Troubled Asset Relief Program Act of 2009''.
SEC. 7. COUNCIL OF THE INSPECTORS GENERAL ON INTEGRITY AND
EFFICIENCY.
The Special Inspector General for Iraq Reconstruction and
the Special Inspector General for Afghanistan Reconstruction
shall be a members of the Council of the Inspectors General
on Integrity and Efficiency established under section 11 of
the Inspector General Act of 1978 (5 U.S.C. App.) until the
date of termination of the Office of the Special Inspector
General for Iraq Reconstruction and the Office of the Special
Inspector General for Afghanistan Reconstruction,
respectively.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
Kansas (Mr. Moore) and the gentleman from Minnesota (Mr. Paulsen) each
will control 20 minutes. The Chair recognizes the gentleman from
Kansas.
General Leave
Mr. MOORE of Kansas. Madam Speaker, I ask unanimous consent that all
Members have 5 legislative days in which to revise and extend their
remarks on this legislation and to insert extraneous material.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Kansas?
There was no objection.
Mr. MOORE of Kansas. Madam Speaker, I yield myself as much time as I
may consume.
We are in a deep and painful economic downturn, the likes of which we
haven't seen in decades. Just last month our economy lost over 650,000
jobs for the third straight month, bringing the total number of jobs
lost since December 2007 to 4.4 million. That's more than 1\1/2\ times
the entire population of my home State of Kansas.
But something we should remember, Madam Speaker, is our financial
sector must be stabilized and confidence restored before we see any
economic recovery.
My constituents, like most Americans, are anxious and frustrated, and
they deserve the strongest oversight and accountability of how their
taxpayer dollars are spent.
When Congress enacted the Emergency Economic Stabilization Act last
October, the new law not only created the Troubled Assets Relief
Program, or TARP, we made sure to include strong oversight protections
for United States taxpayers, such as the creation of the Special
Inspector General for TARP or SIGTARP.
Last month, Mr. Neal Barofsky, the newly appointed SIGTARP, testified
before the House Financial Services Oversight and Investigation
Subcommittee. He said that after adding up all the Federal programs
utilizing TARP funds, the total amount of money potentially at risk was
approximately $2.875 trillion.
Mr. Barofsky went on to say, ``We stand on the precipice of the
largest infusion of government funds over the shortest period of time
in our Nation's history. History teaches us that an outlay of so much
money in such a short period of time will inevitably draw those seeking
to profit criminally. We are looking at the potential
[[Page 8595]]
exposure of tens if not hundreds of billions of dollars in taxpayer
money lost to fraud. We must be vigilant.''
As chairman of the Oversight and Investigations Subcommittee, I
couldn't agree more. We must be vigilant to protect the United States
taxpayers.
I worked with my friend, Ranking Member Judy Biggert, as well as
Congressmen Steve Driehaus and Eric Paulsen, and we introduced H.R.
1341, a companion bill to the Senate bill, S. 383 we are considering
today. The Senate has already unanimously approved this bill twice.
Most recently, Senator Claire McCaskill introduced this legislation
last month, and the Senate approved the bill the same day. This
bipartisan legislation equips the SIGTARP with the tools he needs by,
No. 1, making clear the SIGTARP has the audit and investigative
authority over any taxes taken by the TARP program; No. 2, giving the
SIGTARP the authority to hire auditors and staff quickly by granting
him temporary hiring authority; No. 3, requiring the Treasury Secretary
to explain why any SIGTARP recommendation is not implemented; and, No.
4, mandating that the SIGTARP issue a report no later than September
analyzing how TARP funds have been spent to date.
Gene Dodaro from GAO and Professor Elizabeth Warren from
Congressional Oversight Panel testified they supported S. 383, and Mr.
Barofsky testified that he ``desperately needs more hiring flexibility,
the type of which is contained in S. 383.''
He said, ``Quick passage of this important and essential legislation
will allow me to hire rapidly the essential personnel to meet the
challenges of providing effective oversight. I believe that this bill
will help provide the necessary resources for us to meet our obligation
to help protect the U.S. taxpayers' investments.''
There are additional issues we should consider, such as CO's request
to hire retired annuitants, and other suggestions made at our committee
markup that we will continue to monitor. I will note the amendments
offered were well-intended, but they did little other than give special
emphasis to activities already authorized by SIGTARP's mandate in
current law or as expressed in S. 383.
Conversely, if we included those amendments it would have had the
effects of substantially slowing down the bill because it would require
further action by the Senate.
Most importantly, I think it's telling that not one Financial
Services Committee member, Republican or Democrat, voted against this
bill at the markup. And not one Senator, Republican or Democrat, voted
against this bill. Protecting taxpayer money should be a nonpartisan
effort, and I believe this bill keeps with that spirit.
In light of the SIGTARP's testimony and the urgency of his request,
and with legitimate public outrage over the AIG bonuses and other
misbehavior by TARP recipients, it's important now more than ever that
we approve this bipartisan bill today so we can send it straight to the
President's desk for signature.
I urge my colleagues to support S. 383, and I reserve the balance of
my time.
Mr. PAULSEN. Madam Speaker, I yield myself as much time as I may
consume.
Madam Speaker, I rise in strong support of Senate bill 383, the
Special Inspector General for the Troubled Asset Relief Program Act.
It is clear that both the Bush and Obama administrations, as well as
Congress, have failed to include adequate oversight of taxpayer dollars
being spent through the Troubled Asset Relief Program, the TARP bill.
The lack of oversight and transparency are why one of my first votes
in Congress as a freshman Member was against the release of the
additional $350 billion in TARP bailout spending that companies like
AIG are currently receiving.
When Congress is literally spending billions and billions of taxpayer
dollars, it is critical that we have the most stringent oversight and
transparency possible. The good news is that we have a chance to act on
this important issue today.
The legislation before us gives broad authority for a Special
Inspector General to oversee any remaining spending of TARP funds. This
bill will provide the Special Inspector General with the authority to
conduct, to supervise and to coordinate an audit or any investigation
of any action taken with regard to TARP funds. It also will require the
Special Inspector General to submit quarterly reports to Congress,
while also requiring the Secretary of the Treasury to take action, or
certify that no action is necessary, when any problems or deficiencies
are identified by the inspector. And of course the bill also requires
that the reports on institutions who receive TARP funding be posted on
the Special Inspector General's Web site within 24 hours after being
submitted to Congress so the public has access to this information as
well. Simply put, this bill represents a major break from the past.
Madam Speaker, the American people deserve to know when Washington is
spending taxpayer dollars, and we are making every effort with this
legislation to ensure that those dollars are being spent wisely. And
while some of us, including me, continue to have serious concerns about
the sweeping and the expanding role of government involvement in the
private sector, I do believe that we can all agree today that
increasing oversight of the money that's currently being spent is the
right thing to do.
As a new Member, I came to Washington hoping to fix broken policies
that have plagued Congress for far too long. We have the ability to
make that change, and this bill is a move and a step in the right
direction. It will take a bipartisan effort from Congress and the
administration, but we must make it.
And along those lines, I want to thank especially the chairman of the
Oversight and Investigation Subcommittee, Congressman Moore, for his
leadership on this issue and bringing this effort forward in a
bipartisan basis.
I also want to commend the ranking member, Ms. Judy Biggert, for her
efforts and leadership as well. I appreciate their efforts to work
together in a bipartisan way in crafting this legislation.
And I, of course, want to thank the committee staff for their
tireless work that they have put on behind the scenes. They have been
an extremely valuable resource.
So, Madam Speaker, the bill we have before us today will help us
bring accountability to a program that spends hundreds and hundreds of
billions of dollars of taxpayer money, and I urge my colleagues
support. American taxpayers deserve no less.
Madam Speaker, I reserve the balance of my time.
Mr. MOORE of Kansas. Madam Speaker, I would like to thank Congressman
Paulsen for his work as well on this legislation. I think he is exactly
right. We need to pass this on a bipartisan basis.
At this time, Madam Speaker, I yield 2 minutes to the gentlelady from
California, Congresswoman Speier.
Ms. SPEIER. Thank you, Mr. Chairman, for your leadership.
I rise today in support of S. 383 to authorize the Special Inspector
General to hire the essential staff needed to follow the money and
provide accountability for the billions of dollars taxpayers have
invested in financial institutions.
I must say, Madam Speaker, that this particular function is among the
most critical in government today. Aggressive and competent oversight
is absolutely necessary for any of these government programs to operate
effectively.
Last year, when the House voted for the Emergency Economic
Stabilization Act, I raised concerns about potential problems that
could hamper TARP. Among them, conflicts of interest and a lack of
transparency were the most serious. I was encouraged that leadership
was committed to keep a close watch on taxpayer money. This bill honors
that commitment.
Within weeks of the passage of the Stabilization Act I had an
opportunity to speak with Gene Dodaro from the Government
Accountability Office and
[[Page 8596]]
Dr. Elizabeth Warren, Chair of the Congressional Oversight Panel. Their
reports to Congress have been illuminating in what banks have and have
not done with the TARP funds. And both of these individuals have
stressed the need for competent and knowledgeable staff to provide
proper oversight.
I first met Mr. Neal Barofsky, the Special Inspector General, at a
hearing of the Oversight Investigation Subcommittee of the Financial
Services Committee, and found his testimony and answers to questions to
be frank and extremely well thought out.
Now, he may ruffle some feathers in this city that doesn't like
having its feathers ruffled, but he is precisely the kind of person we
need to do that job.
{time} 1130
I was disappointed to hear that Mr. Barofsky lacked the staff he
needed to oversee such a massive outlay of taxpayer money. This bill
allows the Special Inspector General to hire 25 retired annuitants.
These are people who are retired from Federal service but who have the
know-how, who have the ability and who, frankly, will cost us less
money because we are not paying for the retirement benefits. These
employees are desperately needed, as the article in yesterday's
Washington Post provided.
The SPEAKER pro tempore. The time of the gentlewoman has expired.
Mr. MOORE of Kansas. I yield an additional minute to the gentlewoman.
Ms. SPEIER. Madam Speaker, I have spoken with our subcommittee Chair,
Mr. Moore, about the need to give similar hiring powers to Dr. Warren
at the Congressional Oversight Panel, and soon will introduce
legislation authorizing that.
We ask the American people to take a huge leap of faith with us when
we pass the Emergency Economic Stabilization Act. It is imperative that
we protect the taxpayers' investment by providing adequate staffing to
conduct the vital oversight and accountability functions.
Mr. PAULSEN. Madam Speaker, I would like to now yield 5 minutes to
the distinguished ranking member of the Domestic Policy Subcommittee of
the Oversight and Government Reform Committee, the gentleman from
California (Mr. Issa), who takes the role of being a taxpayer watchdog
very seriously and works very hard at that effort.
Mr. ISSA. Madam Speaker, a good bill is, in fact, not necessarily the
democratic process at work. I am disappointed that the majority chose
to forego oversight committee responsibilities on this TARP IG.
In an exchange of letters with the chairman, whom I respect a great
deal, we have failed to reconcile that. Although this piece of
legislation arrived in the House on February 9, it never got a hearing
or a markup in the committee of primary jurisdiction on all of the IGs.
This is not a bad piece of legislation, Madam Speaker. It could be
better. It would be better if the majority did not choose to, in their
own words, say that there was not time to consider these other items.
Madam Speaker, something cannot arrive from the Senate on February 9
and yet have to be passed on March 25 because there was no time. We
have had far greater time than we had to do it wrong in the TARP. The
speakers on both sides of the aisle have made the very valid point that
``ready, shoot aim'' was the mistake of the TARP.
I don't believe that this will be an impossible situation. What I do
believe is that the democratic process here in the House has been
violated once again. Perfectly good, by their own statement, amendments
were suggested by the Republican minority on the Financial Services
Committee. Yet they were rejected, not based on their merit but based
on that it would have taken more time. They would have had to send it
back to the Senate. The Senate would have had to have a deliberative
process.
Madam Speaker, we are not allowed here in the House to speak ill of
the Senate--of the other body--or of the President and the Vice
President, but I think we certainly can speak that, if we can be told
there is not time to get it right, the Senate should be asked, couldn't
they, in fact, be given the time--a day or two or three--to look at
amendments that we have considered and that have been rejected on time.
I know that is not going to happen. I know that this bill will pass
either unanimously or with substantial approval, but this is yet
another example of a body who has not recognized that a crisis is not
an excuse to move legislation, no matter how well-intended, prematurely
or as less than what it should be.
I enjoy working with the chairman of the committee. I believe he is a
good man who wants to increase transparency and oversight. I believe we
have missed an opportunity here today to do that little bit better that
we both promised to do when we were elevated to these positions. So,
Madam Speaker, I will vote for this bill. I will vote for this bill
because it is more good than bad, but it could have been better.
Mr. MOORE of Kansas. Madam Speaker, I yield 5 minutes to the chairman
of the Committee on Oversight and Government Reform, Chairman Towns of
New York.
Mr. TOWNS. Madam Speaker, as chairman of the Committee on Oversight
and Government Reform, I rise in support of S. 383, the Special
Inspector General for the Troubled Asset Relief Program Act of 2009.
It has been over 5 months since Congress approved the $700 billion
rescue plan for the financial industry. During this time, the oversight
committee has documented the accountability and transparency
shortcomings of the program. I have asked before and I will ask again:
What did the American people get or what can they expect to get from
the $700 billion rescue plan?
It is my goal to make sure that the taxpayers receive meaningful
answers to these questions to make certain that the money is spent
wisely and to ensure that waste, fraud and mismanagement is avoided. I
am pleased to support this legislation because I have no doubt that
such oversight of the TARP program will greatly benefit from these
measures to strengthen the TARP Special Inspector General.
As Special Inspector General Barofsky told our Domestic Policy
Subcommittee earlier this month, more than $300 billion has already
been expended. The spending program is up and running, but the office
designed to oversee this spending has not yet been provided with all of
the authority it needs to do this job effectively. These are his words.
We should not wait a moment longer. S. 383 provides this authority.
It allows the SIGTARP to conduct oversight over all aspects of the TARP
program. It also grants the SIGTARP the temporary hiring authority
needed to quickly put in place the staff that the IG needs to conduct
critical audits of the program. Under normal circumstances, I would not
advocate any deviation from the normal civil service hiring process. I
would say that is what we should follow, but these are anything but
normal circumstances. These critical audits and investigation positions
should be filled right away. I should note that, even with its current
modest staff, the SIGTARP has demonstrated its effectiveness in
overseeing the TARP program.
Last month, I wrote to Treasury Secretary Geithner, urging him to
adopt the recommendations made by Mr. Barofsky in his initial report to
Congress. I asked that all TARP agreements include language requiring
funding recipients to provide information to the SIGTARP and other
inspectors general to establish internal controls and to clarify
compliance. Importantly, S. 383 would require the Treasury Secretary to
report back to Congress if any recommendations made by the SIGTARP are
not adopted.
I look forward to working together with Mr. Barofsky and with
Secretary Geithner to ensure transparency in the TARP program. I
believe this legislation is an important step in restoring our economy.
It will provide greater accountability to the taxpayers who are funding
the TARP program, and I urge its adoption.
Let me just say that I want to thank all who have worked on this
because I
[[Page 8597]]
think this is legislation that is very, very important, and I think
this is legislation that is going to help us eliminate waste, fraud and
abuse.
Mr. PAULSEN. Madam Speaker, I would now like to yield 2 minutes to
the distinguished gentleman from the 10th Congressional District from
Georgia (Mr. Broun).
Mr. BROUN of Georgia. Madam Speaker, I rise today because we are,
once again, considering another legislative cover-up from mistakes that
have already been made.
Last week, Democratic leadership here in Congress drove their
steamroll of socialism right over this legislative body, forcing
through an unconstitutional 90 percent tax targeting AIG employees, but
it serves no other purpose than to divert attention from the truth, the
truth that congressional leaders made these bonus payments possible
through a lack of transparency.
Today, we are hastily considering another bill with the intention of
correcting a mistake that should not have been made in the first place.
Today's bill to expand the powers of the TARP Inspector General is akin
to locking the door on the henhouse after the fox has already snuck in,
and now the chickens are dead.
Congress has irresponsibly wasted $700 billion of the taxpayers'
money on TARP, selling this plan to the American people as a way to
free up credit markets. But they are not freed up. They are still
frozen. We were sold a bill of goods, and now we know that the
taxpayer-funded TARP program lacks transparency and accountability.
Madam Speaker, by now, we should anticipate the sly fox's arrival and
start locking--in fact, deadbolting--the henhouse door before it gets
in, not after. We have to demand transparency. We have to demand
accountability. We are not getting it. The American people should
demand that. We are spending too much. We are taxing too much. We are
borrowing too much money from the TARP all the way to this new budget
that has been proposed that we are going to be considering in the very
near future. We have got to stop the steamroll of socialism.
Mr. MOORE of Kansas. Madam Speaker, I yield 2 minutes to the
gentleman from New York (Mr. Hinchey).
Mr. HINCHEY. Madam Speaker, I just want to say a few words in favor
of what is attempting to be done here in the context of this bill.
The TARP situation, which, as we remember, was set up last fall and,
in effect, was rammed through here by the then-Secretary of the
Treasury, authorized the expenditure of $700 billion, and under the
last administration, about $380 billion had already been spent. So what
we are trying to do here now is to make sure that the rest of this
money is spent in appropriate ways.
We have already set up the Special Inspector General, establishing
that piece of responsibility here, and now what we are doing in the
context of this bill is putting into effect all of the measures that
are going to ensure the effectiveness of that Special Inspector General
to make sure that he has the ability to carry out his
responsibilities--to oversee the way in which this money is being
allocated, how it is being used, what the impact of its use is. None of
that was included in that TARP bill which the previous Secretary of the
Treasury came here and, in effect, forced through the Congress.
So this is an essential element here. This legislation is critically
important. We need to make certain that these economic circumstances
are dealt with but that they are dealt with responsibly and
effectively, and that is what this legislation is going to do. I cannot
see any reason why anyone would object to it, why anyone would put any
opposition to it, why anyone would try to slow it down in getting
effect. All of this is absolutely essential on behalf of the people of
this country.
We heard some statements being made just a couple of minutes ago
about money being spent and allegations about how that money is too
much. Well, $380 billion, yes, spent by the previous Secretary of the
Treasury is much too much. We need to make sure that this is done in
the proper way, and that is why this legislation needs to be adopted.
Mr. MOORE of Kansas. Madam Speaker, we have no more speakers, and we
reserve the remainder of our time.
Mr. PAULSEN. Madam Speaker, I yield myself as much time as I may
consume.
Madam Speaker, again, I came to Washington with the goal of
increasing transparency and accountability in the way that taxpayer
dollars are being spent. I know many of us share that goal. Certainly,
the subcommittee chairman does. Unfortunately, it is abundantly clear
that the initial TARP bailout funding is being spent without proper
oversight. There is no doubt.
When the Federal Government is literally spending hundreds of
billions of dollars, it is critical that we have the most stringent
oversight of that spending. That is our obligation to the taxpayer,
especially now when our constituents are being forced to do much more
with much less. They have the absolute right to know that their money--
it is their money--is being spent properly and wisely. This legislation
will give additional tools to help ensure that there is proper
tracking, proper accounting and proper oversight for all the spending
of taxpayer dollars going forward.
As the subcommittee chairman knows, in committee, we heard testimony
about the potential for additional waste, additional fraud, additional
abuse. This ensures we will have protection from that. So I ask my
colleagues to vote in support of this legislation.
I yield back the balance of my time.
{time} 1145
Mr. MOORE of Kansas. Madam Speaker, I yield myself such time as I may
consume.
I want to thank Representative Paulsen for his contributions here and
his work on this legislation.
Let me close by urging my colleagues to support S. 383. I don't know
how anyone can argue with the fact that the United States taxpayers we
represent deserve strong oversight of how their funds are used, and
this bill will do just that. Support this bipartisan bill so we can
equip the Special Inspector General for TARP with the staff and
authority he needs to track the use of TARP funds and limit any waste,
fraud and abuse in the program.
Mr. ISSA. Madam Speaker, I am disappointed that the Majority has
unilaterally elected to forgo Oversight and Government Reform Committee
consideration of this legislation, which will affect the billions of
dollars disbursed under the troubled asset relief program (TARP).
Despite the Majority's pledge of openness and transparency, they have
chosen to discharge this legislation from our Committee and deny the
Members of our Committee, and the citizens they represent, a voice in
this important legislation.
The TARP suffers from a serious lack of transparency and
accountability. As of February 6th of this year, the Treasury
Department has committed $300 billion in taxpayer funds to our nation's
financial institutions in the form of preferred shares and warrants,
loans and insurance against losses. While the Treasury Department
currently monitors aggregate monthly levels of some banking activities,
it does not require any recipient of TARP funds to disclose the details
of any individual transaction that the recipient would not have entered
into but for the receipt of TARP money. In other words, we do not know
whether $300 billion of taxpayer money has changed anyone's behavior.
As a result, neither the Treasury Department, nor Congress, nor the
general public truly knows the outcome achieved by the injection of
taxpayer funds.
Given the magnitude of the TARP program and the critical importance
of focused oversight of this program, avoiding consideration of this
legislation in an open, bipartisan process, goes against our shared
desire to bring transparency to this massive expenditure of taxpayer
funds.
The House received this legislation on February 9, 2009. Since that
time, the Oversight Committee has had the benefit of hearings,
testimony, policy developments, and institutional action, all of which
could improve this legislation. For example, at our hearing on March
11, ``Peeling Back the TARP: Exposing Treasury's Failure to Monitor the
Ways Financial Institutions are Using Taxpayer Funds
[[Page 8598]]
Provided under the Troubled Assets Relief Program'', Special Inspector
General Barofsky agreed with the need for greater transparency in the
TARP program, and Democrats and Republicans had suggestions that could
have improved this bill.
For example, if given the opportunity, I would have offered an
amendment to this legislation to deliver true transparency in the TARP
program, by requiring all data disclosed by TARP recipients to be
disclosed in a standard, consistent, and structured format. This is
essential to ensure transparency and accountability for TARP funds.
Without this amendment, TARP recipients will be able to continue
reporting data on how they have used taxpayer money received under TARP
in any data format they choose, obscuring important information.
During a hearing before the Domestic Policy Subcommittee of the House
Oversight Committee, Mr. Kucinich and I pressed the SIGTARP on his
ability to sift through the survey responses he has received from TARP
recipients. We pointed out to him that merely relying on ``narrative
responses'' in a non-standard format from banks would not deliver the
kind of transparency and accountability the American people demand.
Rather, we have to insist on access to the raw data in order to achieve
complete transparency. Mr. Barofsky said that he doesn't have the
resources to sift through such data. I agree. However, putting the data
in a standardized and machine-readable format would allow investors,
regulators, and the public to use innovative technology solutions to
sift through these mountains of data.
In addition, I would have offered an amendment to this legislation
that would increase the SIGTARP's hiring flexibility so that he would
have sufficient latitude to hire the qualified experts he needs. These
changes would have enabled SIGTARP to more effectively executive its
responsibilities in oversight of the program. Unfortunately, due to the
Majority's stifling of debate on this legislation, we will not have the
chance to discuss these important ideas.
One conclusion we have learned from the rush to legislate on the
TARP, the stimulus bill, appropriations bills, and various bailouts, is
that citizens want expedient, but well considered, solutions before we
act. Unfortunately, yet again, it appears that transparency, oversight,
and Member participation have taken a back seat to political
expediency.
Mr. MOORE of Kansas. I yield back the balance of my time.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from Kansas (Mr. Moore) that the House suspend the rules and
pass the Senate bill, S. 383.
The question was taken.
The SPEAKER pro tempore. In the opinion of the Chair, two-thirds
being in the affirmative, the ayes have it.
Mr. MOORE of Kansas. Madam Speaker, on that I demand the yeas and
nays.
The yeas and nays were ordered.
The SPEAKER pro tempore. Pursuant to clause 8 of rule XX and the
Chair's prior announcement, further proceedings on this motion will be
postponed.
____________________
ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE
The SPEAKER pro tempore. Pursuant to clause 8 of rule XX, proceedings
will resume on questions previously postponed.
Votes will be taken in the following order:
ordering the previous question on H. Res. 280, by the yeas and nays;
adoption of H. Res. 280, if ordered;
motion to suspend on S. 383, by the yeas and nays.
The first electronic vote will be conducted as a 15-minute vote.
Remaining electronic votes will be conducted as 5-minute votes.
____________________
PROVIDING FOR CONSIDERATION OF SENATE AMENDMENTS TO H.R. 146, OMNIBUS
PUBLIC LAND MANAGEMENT ACT OF 2009
The SPEAKER pro tempore. The unfinished business is the vote on
ordering the previous question on House Resolution 280, on which the
yeas and nays were ordered.
The Clerk read the title of the resolution.
The SPEAKER pro tempore. The question is on ordering the previous
question.
The vote was taken by electronic device, and there were--yeas 242,
nays 180, not voting 9, as follows:
[Roll No. 150]
YEAS--242
Abercrombie
Ackerman
Adler (NJ)
Altmire
Andrews
Arcuri
Baca
Baird
Baldwin
Bean
Becerra
Berkley
Berman
Berry
Bishop (GA)
Bishop (NY)
Blumenauer
Boccieri
Boren
Boswell
Boucher
Boyd
Brady (PA)
Braley (IA)
Bright
Brown, Corrine
Butterfield
Capps
Capuano
Cardoza
Carnahan
Carson (IN)
Castor (FL)
Chandler
Childers
Clarke
Clay
Cleaver
Clyburn
Cohen
Connolly (VA)
Conyers
Cooper
Costa
Costello
Courtney
Crowley
Cuellar
Cummings
Davis (AL)
Davis (CA)
Davis (IL)
Davis (TN)
DeFazio
DeGette
Delahunt
DeLauro
Dicks
Dingell
Doggett
Donnelly (IN)
Doyle
Driehaus
Edwards (MD)
Edwards (TX)
Ellison
Ellsworth
Eshoo
Etheridge
Farr
Fattah
Filner
Foster
Frank (MA)
Fudge
Giffords
Gonzalez
Gordon (TN)
Grayson
Green, Al
Green, Gene
Grijalva
Gutierrez
Hall (NY)
Halvorson
Hare
Harman
Hastings (FL)
Heinrich
Herseth Sandlin
Higgins
Hill
Himes
Hinchey
Hinojosa
Hirono
Hodes
Holden
Holt
Honda
Hoyer
Inslee
Israel
Jackson (IL)
Jackson-Lee (TX)
Johnson (GA)
Johnson, E. B.
Kagen
Kanjorski
Kaptur
Kennedy
Kildee
Kilpatrick (MI)
Kilroy
Kind
Kissell
Klein (FL)
Kratovil
Kucinich
Langevin
Larsen (WA)
Lee (CA)
Levin
Lewis (GA)
Lipinski
Loebsack
Lofgren, Zoe
Lowey
Lujan
Lynch
Maffei
Maloney
Markey (CO)
Markey (MA)
Marshall
Massa
Matheson
Matsui
McCarthy (NY)
McCollum
McDermott
McGovern
McIntyre
McMahon
McNerney
Meek (FL)
Meeks (NY)
Melancon
Michaud
Miller (NC)
Miller, George
Mitchell
Mollohan
Moore (KS)
Moore (WI)
Moran (VA)
Murphy (CT)
Murphy, Patrick
Murtha
Nadler (NY)
Napolitano
Neal (MA)
Oberstar
Obey
Olver
Ortiz
Pallone
Pascrell
Pastor (AZ)
Payne
Perlmutter
Peters
Peterson
Pingree (ME)
Polis (CO)
Pomeroy
Price (NC)
Rahall
Rangel
Reichert
Reyes
Richardson
Rodriguez
Ross
Rothman (NJ)
Roybal-Allard
Ruppersberger
Rush
Ryan (OH)
Salazar
Sanchez, Linda T.
Sanchez, Loretta
Schakowsky
Schauer
Schiff
Schrader
Schwartz
Scott (GA)
Scott (VA)
Serrano
Sestak
Shea-Porter
Sherman
Shuler
Sires
Skelton
Slaughter
Smith (WA)
Snyder
Space
Speier
Spratt
Stark
Stupak
Sutton
Tanner
Tauscher
Taylor
Teague
Thompson (CA)
Thompson (MS)
Tierney
Titus
Tonko
Towns
Tsongas
Van Hollen
Velazquez
Visclosky
Walz
Wasserman Schultz
Waters
Watson
Watt
Waxman
Weiner
Welch
Wexler
Wilson (OH)
Woolsey
Wu
Yarmuth
NAYS--180
Aderholt
Akin
Alexander
Austria
Bachmann
Bachus
Barrett (SC)
Barrow
Bartlett
Barton (TX)
Biggert
Bilbray
Bilirakis
Bishop (UT)
Blackburn
Blunt
Boehner
Bonner
Bono Mack
Boozman
Boustany
Brady (TX)
Broun (GA)
Brown (SC)
Brown-Waite, Ginny
Buchanan
Burgess
Burton (IN)
Buyer
Calvert
Camp
Campbell
Cantor
Cao
Capito
Carney
Carter
Castle
Chaffetz
Coble
Cole
Conaway
Crenshaw
Culberson
Dahlkemper
Davis (KY)
Deal (GA)
Dent
Diaz-Balart, L.
Diaz-Balart, M.
Dreier
Duncan
Ehlers
Emerson
Fallin
Flake
Fleming
Forbes
Fortenberry
Foxx
Franks (AZ)
Frelinghuysen
Gallegly
Garrett (NJ)
Gerlach
Gingrey (GA)
Goodlatte
Granger
Graves
Griffith
Guthrie
Hall (TX)
Harper
Hastings (WA)
Heller
Hensarling
Herger
Hoekstra
Hunter
Inglis
Issa
Jenkins
Johnson (IL)
Johnson, Sam
Jones
Jordan (OH)
King (IA)
King (NY)
Kingston
Kirk
Kirkpatrick (AZ)
Kline (MN)
Kosmas
Lamborn
Lance
Latham
LaTourette
Latta
Lee (NY)
Lewis (CA)
Linder
LoBiondo
Lucas
Luetkemeyer
Lummis
Lungren, Daniel E.
Mack
Manzullo
Marchant
McCarthy (CA)
McCaul
McClintock
McCotter
McHenry
McHugh
McKeon
McMorris Rodgers
Mica
Miller (FL)
Miller (MI)
Minnick
Moran (KS)
Murphy, Tim
Myrick
Neugebauer
Nunes
Nye
Olson
Paul
Paulsen
Pence
Perriello
Petri
Pitts
Platts
Poe (TX)
Posey
Price (GA)
Putnam
Radanovich
Rehberg
Roe (TN)
Rogers (AL)
Rogers (KY)
Rogers (MI)
Rohrabacher
Rooney
Ros-Lehtinen
Roskam
Royce
[[Page 8599]]
Ryan (WI)
Scalise
Schmidt
Schock
Sensenbrenner
Sessions
Shadegg
Shimkus
Shuster
Simpson
Smith (NE)
Smith (NJ)
Smith (TX)
Souder
Stearns
Terry
Thompson (PA)
Thornberry
Tiahrt
Tiberi
Turner
Upton
Walden
Wamp
Whitfield
Wilson (SC)
Wittman
Wolf
Young (AK)
Young (FL)
NOT VOTING--9
Cassidy
Coffman (CO)
Engel
Gohmert
Larson (CT)
Miller, Gary
Sarbanes
Sullivan
Westmoreland
{time} 1210
Messrs. WITTMAN, POSEY, BARRETT of South Carolina and YOUNG of Alaska
changed their vote from ``yea'' to ``nay.''
So the previous question was ordered.
The result of the vote was announced as above recorded.
Stated against:
Mr. COFFMAN. Madam Speaker, I was unavoidably detained. If I voted, I
would have voted ``nay.''
The SPEAKER pro tempore. The question is on the resolution.
The question was taken; and the Speaker pro tempore announced that
the ayes appeared to have it.
Recorded Vote
Ms. FOXX. Madam Speaker, I demand a recorded vote.
A recorded vote was ordered.
The SPEAKER pro tempore. This is a 5-minute vote.
The vote was taken by electronic device, and there were--ayes 247,
noes 177, not voting 7, as follows:
[Roll No. 151]
AYES--247
Abercrombie
Ackerman
Adler (NJ)
Altmire
Andrews
Arcuri
Baca
Baird
Baldwin
Barrow
Bean
Becerra
Berkley
Berman
Berry
Bishop (GA)
Bishop (NY)
Blumenauer
Boccieri
Boren
Boswell
Boucher
Boyd
Brady (PA)
Braley (IA)
Bright
Brown, Corrine
Butterfield
Capps
Capuano
Cardoza
Carnahan
Carney
Carson (IN)
Castor (FL)
Chandler
Clarke
Clay
Cleaver
Clyburn
Cohen
Connolly (VA)
Conyers
Cooper
Costa
Costello
Courtney
Crowley
Cuellar
Cummings
Dahlkemper
Davis (AL)
Davis (CA)
Davis (IL)
Davis (TN)
DeFazio
DeGette
Delahunt
DeLauro
Dicks
Dingell
Doggett
Doyle
Driehaus
Edwards (MD)
Edwards (TX)
Ellison
Ellsworth
Eshoo
Etheridge
Farr
Fattah
Filner
Foster
Frank (MA)
Fudge
Giffords
Gonzalez
Gordon (TN)
Grayson
Green, Al
Green, Gene
Griffith
Grijalva
Gutierrez
Hall (NY)
Halvorson
Hare
Harman
Hastings (FL)
Heinrich
Herseth Sandlin
Higgins
Hill
Himes
Hinchey
Hinojosa
Hirono
Hodes
Holden
Holt
Honda
Hoyer
Inslee
Israel
Jackson (IL)
Jackson-Lee (TX)
Johnson (GA)
Johnson, E. B.
Kagen
Kanjorski
Kaptur
Kennedy
Kildee
Kilpatrick (MI)
Kilroy
Kind
Kissell
Klein (FL)
Kosmas
Kratovil
Kucinich
Langevin
Larsen (WA)
Larson (CT)
Lee (CA)
Levin
Lewis (GA)
Lipinski
Loebsack
Lofgren, Zoe
Lowey
Lujan
Lynch
Maffei
Maloney
Markey (CO)
Markey (MA)
Marshall
Massa
Matheson
Matsui
McCarthy (NY)
McCollum
McDermott
McGovern
McIntyre
McMahon
McNerney
Meek (FL)
Meeks (NY)
Melancon
Michaud
Miller (NC)
Miller, George
Minnick
Mitchell
Mollohan
Moore (KS)
Moore (WI)
Moran (VA)
Murphy (CT)
Murphy, Patrick
Murtha
Nadler (NY)
Napolitano
Neal (MA)
Nye
Oberstar
Obey
Olver
Ortiz
Pallone
Pascrell
Pastor (AZ)
Payne
Perlmutter
Perriello
Peters
Peterson
Pingree (ME)
Polis (CO)
Pomeroy
Price (NC)
Rahall
Rangel
Reichert
Reyes
Richardson
Rodriguez
Ross
Rothman (NJ)
Roybal-Allard
Ruppersberger
Rush
Ryan (OH)
Salazar
Sanchez, Linda T.
Sanchez, Loretta
Schakowsky
Schauer
Schiff
Schrader
Schwartz
Scott (GA)
Scott (VA)
Serrano
Sestak
Shea-Porter
Sherman
Shuler
Sires
Skelton
Slaughter
Smith (WA)
Snyder
Space
Speier
Spratt
Stark
Sutton
Tanner
Tauscher
Taylor
Teague
Thompson (CA)
Thompson (MS)
Tierney
Titus
Tonko
Towns
Tsongas
Van Hollen
Velazquez
Visclosky
Walz
Wasserman Schultz
Waters
Watson
Watt
Waxman
Weiner
Welch
Wexler
Wilson (OH)
Wu
Yarmuth
NOES--177
Aderholt
Akin
Alexander
Austria
Bachmann
Bachus
Barrett (SC)
Bartlett
Barton (TX)
Biggert
Bilbray
Bilirakis
Bishop (UT)
Blackburn
Blunt
Boehner
Bonner
Bono Mack
Boozman
Boustany
Brady (TX)
Broun (GA)
Brown (SC)
Brown-Waite, Ginny
Buchanan
Burgess
Burton (IN)
Buyer
Calvert
Camp
Campbell
Cantor
Cao
Capito
Carter
Cassidy
Castle
Chaffetz
Coble
Coffman (CO)
Cole
Conaway
Crenshaw
Culberson
Davis (KY)
Deal (GA)
Dent
Diaz-Balart, L.
Diaz-Balart, M.
Donnelly (IN)
Dreier
Duncan
Ehlers
Emerson
Fallin
Flake
Fleming
Forbes
Fortenberry
Foxx
Franks (AZ)
Frelinghuysen
Gallegly
Garrett (NJ)
Gerlach
Gingrey (GA)
Gohmert
Goodlatte
Granger
Graves
Guthrie
Hall (TX)
Harper
Hastings (WA)
Heller
Hensarling
Herger
Hoekstra
Hunter
Inglis
Issa
Jenkins
Johnson (IL)
Johnson, Sam
Jones
Jordan (OH)
King (IA)
King (NY)
Kingston
Kirk
Kirkpatrick (AZ)
Kline (MN)
Lamborn
Lance
Latham
LaTourette
Latta
Lee (NY)
Lewis (CA)
Linder
LoBiondo
Lucas
Luetkemeyer
Lummis
Lungren, Daniel E.
Mack
Manzullo
Marchant
McCarthy (CA)
McCaul
McClintock
McCotter
McHenry
McHugh
McKeon
McMorris Rodgers
Mica
Miller (FL)
Miller (MI)
Moran (KS)
Murphy, Tim
Myrick
Neugebauer
Nunes
Olson
Paul
Paulsen
Pence
Petri
Pitts
Platts
Poe (TX)
Posey
Putnam
Radanovich
Rehberg
Roe (TN)
Rogers (AL)
Rogers (KY)
Rogers (MI)
Rohrabacher
Rooney
Ros-Lehtinen
Roskam
Royce
Ryan (WI)
Scalise
Schmidt
Schock
Sensenbrenner
Sessions
Shadegg
Shimkus
Shuster
Simpson
Smith (NE)
Smith (NJ)
Smith (TX)
Souder
Stearns
Stupak
Sullivan
Terry
Thompson (PA)
Thornberry
Tiahrt
Tiberi
Turner
Upton
Walden
Wamp
Whitfield
Wilson (SC)
Wittman
Wolf
Young (AK)
Young (FL)
NOT VOTING--7
Childers
Engel
Miller, Gary
Price (GA)
Sarbanes
Westmoreland
Woolsey
Announcement by the Speaker Pro Tempore
The SPEAKER pro tempore (during the vote). There are 2 minutes
remaining on this vote.
{time} 1218
So the resolution was agreed to.
The result of the vote was announced as above recorded.
A motion to reconsider was laid on the table.
Stated against:
Mr. PRICE of Georgia. Mr. Speaker, on rollcall No. 151, had I been
present, I would have voted ``no.''
____________________
SPECIAL INSPECTOR GENERAL FOR THE TROUBLED ASSET RELIEF PROGRAM ACT OF
2009
The SPEAKER pro tempore. The unfinished business is the vote on the
motion to suspend the rules and pass the Senate bill, S. 383, on which
the yeas and nays were ordered.
The Clerk read the title of the Senate bill.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from Kansas (Mr. Moore) that the House suspend the rules and
pass the Senate bill, S. 383.
This is a 5-minute vote.
The vote was taken by electronic device, and there were--yeas 423,
nays 0, not voting 8, as follows:
[Roll No. 152]
YEAS--423
Abercrombie
Ackerman
Aderholt
Adler (NJ)
Akin
Alexander
Altmire
Andrews
Arcuri
Austria
Baca
Bachmann
Bachus
Baird
Baldwin
Barrett (SC)
Barrow
Bartlett
Barton (TX)
Bean
Becerra
Berkley
Berman
Berry
Biggert
Bilbray
Bilirakis
Bishop (GA)
Bishop (NY)
Bishop (UT)
Blackburn
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Boren
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Boucher
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Boyd
Brady (PA)
Brady (TX)
Braley (IA)
Bright
Broun (GA)
Brown (SC)
Brown, Corrine
Brown-Waite, Ginny
Buchanan
Burgess
Burton (IN)
Butterfield
Buyer
Calvert
Camp
Campbell
Cantor
Cao
Capito
Capps
Capuano
Cardoza
Carnahan
Carney
Carson (IN)
Carter
Cassidy
Castle
Castor (FL)
Chaffetz
Chandler
Childers
Clarke
Clay
Cleaver
Clyburn
Coble
Coffman (CO)
Cohen
Cole
Conaway
Connolly (VA)
Conyers
Cooper
Costa
Costello
Courtney
Crenshaw
Crowley
[[Page 8600]]
Cuellar
Culberson
Cummings
Dahlkemper
Davis (AL)
Davis (CA)
Davis (IL)
Davis (KY)
Davis (TN)
Deal (GA)
DeFazio
DeGette
Delahunt
DeLauro
Dent
Diaz-Balart, L.
Diaz-Balart, M.
Dicks
Dingell
Doggett
Donnelly (IN)
Doyle
Dreier
Driehaus
Duncan
Edwards (MD)
Edwards (TX)
Ehlers
Ellison
Ellsworth
Emerson
Etheridge
Fallin
Farr
Fattah
Filner
Flake
Fleming
Forbes
Fortenberry
Foster
Foxx
Frank (MA)
Franks (AZ)
Frelinghuysen
Fudge
Gallegly
Garrett (NJ)
Gerlach
Giffords
Gingrey (GA)
Gohmert
Gonzalez
Goodlatte
Gordon (TN)
Granger
Graves
Grayson
Green, Al
Green, Gene
Griffith
Grijalva
Guthrie
Gutierrez
Hall (NY)
Hall (TX)
Halvorson
Hare
Harman
Harper
Hastings (FL)
Hastings (WA)
Heinrich
Heller
Hensarling
Herger
Herseth Sandlin
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Hill
Himes
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Holden
Holt
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Hoyer
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Jackson (IL)
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Johnson (IL)
Johnson, E. B.
Johnson, Sam
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Kline (MN)
Kosmas
Kratovil
Kucinich
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Larsen (WA)
Larson (CT)
Latham
LaTourette
Latta
Lee (CA)
Lee (NY)
Levin
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Lewis (GA)
Linder
Lipinski
LoBiondo
Loebsack
Lofgren, Zoe
Lowey
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Luetkemeyer
Lujan
Lummis
Lungren, Daniel E.
Lynch
Mack
Maffei
Maloney
Manzullo
Marchant
Markey (CO)
Markey (MA)
Marshall
Massa
Matheson
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McCaul
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Meek (FL)
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Melancon
Mica
Michaud
Miller (FL)
Miller (MI)
Miller (NC)
Miller, George
Minnick
Mitchell
Mollohan
Moore (KS)
Moore (WI)
Moran (KS)
Moran (VA)
Murphy (CT)
Murphy, Patrick
Murphy, Tim
Murtha
Myrick
Nadler (NY)
Napolitano
Neal (MA)
Neugebauer
Nunes
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Obey
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Olver
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Pascrell
Pastor (AZ)
Paul
Paulsen
Payne
Pence
Perlmutter
Perriello
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Peterson
Petri
Pingree (ME)
Pitts
Platts
Poe (TX)
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Pomeroy
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Rogers (MI)
Rooney
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Roskam
Ross
Rothman (NJ)
Roybal-Allard
Royce
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Rush
Ryan (OH)
Ryan (WI)
Salazar
Sanchez, Linda T.
Sanchez, Loretta
Scalise
Schakowsky
Schauer
Schiff
Schmidt
Schock
Schrader
Schwartz
Scott (GA)
Scott (VA)
Sensenbrenner
Serrano
Sessions
Sestak
Shadegg
Shea-Porter
Sherman
Shimkus
Shuler
Shuster
Simpson
Sires
Skelton
Slaughter
Smith (NE)
Smith (NJ)
Smith (TX)
Smith (WA)
Snyder
Souder
Space
Speier
Spratt
Stark
Stearns
Stupak
Sullivan
Sutton
Tanner
Tauscher
Taylor
Teague
Terry
Thompson (CA)
Thompson (MS)
Thompson (PA)
Thornberry
Tiahrt
Tiberi
Tierney
Titus
Tonko
Towns
Tsongas
Turner
Upton
Van Hollen
Velazquez
Visclosky
Walden
Walz
Wamp
Wasserman Schultz
Waters
Watson
Watt
Waxman
Weiner
Welch
Wexler
Whitfield
Wilson (OH)
Wilson (SC)
Wittman
Wolf
Woolsey
Wu
Young (AK)
Young (FL)
NOT VOTING--8
Engel
Eshoo
Miller, Gary
Price (GA)
Rohrabacher
Sarbanes
Westmoreland
Yarmuth
Announcement by the Speaker Pro Tempore
The SPEAKER pro tempore (during the vote). There are 2 minutes
remaining on this vote.
{time} 1225
So (two-thirds being in the affirmative) the rules were suspended and
the Senate bill was passed.
The result of the vote was announced as above recorded.
A motion to reconsider was laid on the table.
Stated for:
Mr. PRICE of Georgia. Mr. Speaker, on rollcall No. 152, had I been
present, I would have voted ``yea.''
____________________
OMNIBUS PUBLIC LAND MANAGEMENT ACT OF 2009
Mr. RAHALL. Mr. Speaker, pursuant to House Resolution 280, I move to
take from the Speaker's table the bill (H.R. 146) to establish a
battlefield acquisition grant program for the acquisition and
protection of nationally significant battlefields and associated sites
of the Revolutionary War and the War of 1812, and for other purposes,
with the Senate amendments thereto, and I have a motion at the desk.
The SPEAKER pro tempore (Mr. Salazar). The Clerk will report the
title of the bill, designate the Senate amendments and designate the
motion.
The Clerk read the title of the bill.
The text of the Senate amendments is as follows:
Senate amendments:
Strike all after the enacting clause and insert the
following:
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Omnibus
Public Land Management Act of 2009''.
(b) Table of Contents.--The table of contents of this Act
is as follows:
Sec. 1. Short title; table of contents.
TITLE I--ADDITIONS TO THE NATIONAL WILDERNESS PRESERVATION SYSTEM
Subtitle A--Wild Monongahela Wilderness
Sec. 1001. Designation of wilderness, Monongahela National Forest, West
Virginia.
Sec. 1002. Boundary adjustment, Laurel Fork South Wilderness,
Monongahela National Forest.
Sec. 1003. Monongahela National Forest boundary confirmation.
Sec. 1004. Enhanced Trail Opportunities.
Subtitle B--Virginia Ridge and Valley Wilderness
Sec. 1101. Definitions.
Sec. 1102. Designation of additional National Forest System land in
Jefferson National Forest as wilderness or a wilderness
study area.
Sec. 1103. Designation of Kimberling Creek Potential Wilderness Area,
Jefferson National Forest, Virginia.
Sec. 1104. Seng Mountain and Bear Creek Scenic Areas, Jefferson
National Forest, Virginia.
Sec. 1105. Trail plan and development.
Sec. 1106. Maps and boundary descriptions.
Sec. 1107. Effective date.
Subtitle C--Mt. Hood Wilderness, Oregon
Sec. 1201. Definitions.
Sec. 1202. Designation of wilderness areas.
Sec. 1203. Designation of streams for wild and scenic river protection
in the Mount Hood area.
Sec. 1204. Mount Hood National Recreation Area.
Sec. 1205. Protections for Crystal Springs, Upper Big Bottom, and
Cultus Creek.
Sec. 1206. Land exchanges.
Sec. 1207. Tribal provisions; planning and studies.
Subtitle D--Copper Salmon Wilderness, Oregon
Sec. 1301. Designation of the Copper Salmon Wilderness.
Sec. 1302. Wild and Scenic River Designations, Elk River, Oregon.
Sec. 1303. Protection of tribal rights.
Subtitle E--Cascade-Siskiyou National Monument, Oregon
Sec. 1401. Definitions.
Sec. 1402. Voluntary grazing lease donation program.
Sec. 1403. Box R Ranch land exchange.
Sec. 1404. Deerfield land exchange.
Sec. 1405. Soda Mountain Wilderness.
Sec. 1406. Effect.
Subtitle F--Owyhee Public Land Management
Sec. 1501. Definitions.
Sec. 1502. Owyhee Science Review and Conservation Center.
Sec. 1503. Wilderness areas.
Sec. 1504. Designation of wild and scenic rivers.
Sec. 1505. Land identified for disposal.
Sec. 1506. Tribal cultural resources.
Sec. 1507. Recreational travel management plans.
Sec. 1508. Authorization of appropriations.
Subtitle G--Sabinoso Wilderness, New Mexico
Sec. 1601. Definitions.
Sec. 1602. Designation of the Sabinoso Wilderness.
Subtitle H--Pictured Rocks National Lakeshore Wilderness
Sec. 1651. Definitions.
Sec. 1652. Designation of Beaver Basin Wilderness.
Sec. 1653. Administration.
Sec. 1654. Effect.
Subtitle I--Oregon Badlands Wilderness
Sec. 1701. Definitions.
Sec. 1702. Oregon Badlands Wilderness.
Sec. 1703. Release.
Sec. 1704. Land exchanges.
Sec. 1705. Protection of tribal treaty rights.
Subtitle J--Spring Basin Wilderness, Oregon
Sec. 1751. Definitions.
Sec. 1752. Spring Basin Wilderness.
Sec. 1753. Release.
[[Page 8601]]
Sec. 1754. Land exchanges.
Sec. 1755. Protection of tribal treaty rights.
Subtitle K--Eastern Sierra and Northern San Gabriel Wilderness,
California
Sec. 1801. Definitions.
Sec. 1802. Designation of wilderness areas.
Sec. 1803. Administration of wilderness areas.
Sec. 1804. Release of wilderness study areas.
Sec. 1805. Designation of wild and scenic rivers.
Sec. 1806. Bridgeport Winter Recreation Area.
Sec. 1807. Management of area within Humboldt-Toiyabe National Forest.
Sec. 1808. Ancient Bristlecone Pine Forest.
Subtitle L--Riverside County Wilderness, California
Sec. 1851. Wilderness designation.
Sec. 1852. Wild and scenic river designations, Riverside County,
California.
Sec. 1853. Additions and technical corrections to Santa Rosa and San
Jacinto Mountains National Monument.
Subtitle M--Sequoia and Kings Canyon National Parks Wilderness,
California
Sec. 1901. Definitions.
Sec. 1902. Designation of wilderness areas.
Sec. 1903. Administration of wilderness areas.
Sec. 1904. Authorization of appropriations.
Subtitle N--Rocky Mountain National Park Wilderness, Colorado
Sec. 1951. Definitions.
Sec. 1952. Rocky Mountain National Park Wilderness, Colorado.
Sec. 1953. Grand River Ditch and Colorado-Big Thompson projects.
Sec. 1954. East Shore Trail Area.
Sec. 1955. National forest area boundary adjustments.
Sec. 1956. Authority to lease Leiffer tract.
Subtitle O--Washington County, Utah
Sec. 1971. Definitions.
Sec. 1972. Wilderness areas.
Sec. 1973. Zion National Park wilderness.
Sec. 1974. Red Cliffs National Conservation Area.
Sec. 1975. Beaver Dam Wash National Conservation Area.
Sec. 1976. Zion National Park wild and scenic river designation.
Sec. 1977. Washington County comprehensive travel and transportation
management plan.
Sec. 1978. Land disposal and acquisition.
Sec. 1979. Management of priority biological areas.
Sec. 1980. Public purpose conveyances.
Sec. 1981. Conveyance of Dixie National Forest land.
Sec. 1982. Transfer of land into trust for Shivwits Band of Paiute
Indians.
Sec. 1983. Authorization of appropriations.
TITLE II--BUREAU OF LAND MANAGEMENT AUTHORIZATIONS
Subtitle A--National Landscape Conservation System
Sec. 2001. Definitions.
Sec. 2002. Establishment of the National Landscape Conservation System.
Sec. 2003. Authorization of appropriations.
Subtitle B--Prehistoric Trackways National Monument
Sec. 2101. Findings.
Sec. 2102. Definitions.
Sec. 2103. Establishment.
Sec. 2104. Administration.
Sec. 2105. Authorization of appropriations.
Subtitle C--Fort Stanton-Snowy River Cave National Conservation Area
Sec. 2201. Definitions.
Sec. 2202. Establishment of the Fort Stanton-Snowy River Cave National
Conservation Area.
Sec. 2203. Management of the Conservation Area.
Sec. 2204. Authorization of appropriations.
Subtitle D--Snake River Birds of Prey National Conservation Area
Sec. 2301. Snake River Birds of Prey National Conservation Area.
Subtitle E--Dominguez-Escalante National Conservation Area
Sec. 2401. Definitions.
Sec. 2402. Dominguez-Escalante National Conservation Area.
Sec. 2403. Dominguez Canyon Wilderness Area.
Sec. 2404. Maps and legal descriptions.
Sec. 2405. Management of Conservation Area and Wilderness.
Sec. 2406. Management plan.
Sec. 2407. Advisory council.
Sec. 2408. Authorization of appropriations.
Subtitle F--Rio Puerco Watershed Management Program
Sec. 2501. Rio Puerco Watershed Management Program.
Subtitle G--Land Conveyances and Exchanges
Sec. 2601. Carson City, Nevada, land conveyances.
Sec. 2602. Southern Nevada limited transition area conveyance.
Sec. 2603. Nevada Cancer Institute land conveyance.
Sec. 2604. Turnabout Ranch land conveyance, Utah.
Sec. 2605. Boy Scouts land exchange, Utah.
Sec. 2606. Douglas County, Washington, land conveyance.
Sec. 2607. Twin Falls, Idaho, land conveyance.
Sec. 2608. Sunrise Mountain Instant Study Area release, Nevada.
Sec. 2609. Park City, Utah, land conveyance.
Sec. 2610. Release of reversionary interest in certain lands in Reno,
Nevada.
Sec. 2611. Tuolumne Band of Me-Wuk Indians of the Tuolumne Rancheria.
TITLE III--FOREST SERVICE AUTHORIZATIONS
Subtitle A--Watershed Restoration and Enhancement
Sec. 3001. Watershed restoration and enhancement agreements.
Subtitle B--Wildland Firefighter Safety
Sec. 3101. Wildland firefighter safety.
Subtitle C--Wyoming Range
Sec. 3201. Definitions.
Sec. 3202. Withdrawal of certain land in the Wyoming range.
Sec. 3203. Acceptance of the donation of valid existing mining or
leasing rights in the Wyoming range.
Subtitle D--Land Conveyances and Exchanges
Sec. 3301. Land conveyance to City of Coffman Cove, Alaska.
Sec. 3302. Beaverhead-Deerlodge National Forest land conveyance,
Montana.
Sec. 3303. Santa Fe National Forest; Pecos National Historical Park
Land Exchange.
Sec. 3304. Santa Fe National Forest Land Conveyance, New Mexico.
Sec. 3305. Kittitas County, Washington, land conveyance.
Sec. 3306. Mammoth Community Water District use restrictions.
Sec. 3307. Land exchange, Wasatch-Cache National Forest, Utah.
Sec. 3308. Boundary adjustment, Frank Church River of No Return
Wilderness.
Sec. 3309. Sandia pueblo land exchange technical amendment.
Subtitle E--Colorado Northern Front Range Study
Sec. 3401. Purpose.
Sec. 3402. Definitions.
Sec. 3403. Colorado Northern Front Range Mountain Backdrop Study.
TITLE IV--FOREST LANDSCAPE RESTORATION
Sec. 4001. Purpose.
Sec. 4002. Definitions.
Sec. 4003. Collaborative Forest Landscape Restoration Program.
Sec. 4004. Authorization of appropriations.
TITLE V--RIVERS AND TRAILS
Subtitle A--Additions to the National Wild and Scenic Rivers System
Sec. 5001. Fossil Creek, Arizona.
Sec. 5002. Snake River Headwaters, Wyoming.
Sec. 5003. Taunton River, Massachusetts.
Subtitle B--Wild and Scenic Rivers Studies
Sec. 5101. Missisquoi and Trout Rivers Study.
Subtitle C--Additions to the National Trails System
Sec. 5201. Arizona National Scenic Trail.
Sec. 5202. New England National Scenic Trail.
Sec. 5203. Ice Age Floods National Geologic Trail.
Sec. 5204. Washington-Rochambeau Revolutionary Route National Historic
Trail.
Sec. 5205. Pacific Northwest National Scenic Trail.
Sec. 5206. Trail of Tears National Historic Trail.
Subtitle D--National Trail System Amendments
Sec. 5301. National Trails System willing seller authority.
Sec. 5302. Revision of feasibility and suitability studies of existing
national historic trails.
Sec. 5303. Chisholm Trail and Great Western Trails Studies.
Subtitle E--Effect of Title
Sec. 5401. Effect.
TITLE VI--DEPARTMENT OF THE INTERIOR AUTHORIZATIONS
Subtitle A--Cooperative Watershed Management Program
Sec. 6001. Definitions.
Sec. 6002. Program.
Sec. 6003. Effect of subtitle.
Subtitle B--Competitive Status for Federal Employees in Alaska
Sec. 6101. Competitive status for certain Federal employees in the
State of Alaska.
Subtitle C--Wolf Livestock Loss Demonstration Project
Sec. 6201. Definitions.
Sec. 6202. Wolf compensation and prevention program.
Sec. 6203. Authorization of appropriations.
Subtitle D--Paleontological Resources Preservation
Sec. 6301. Definitions.
Sec. 6302. Management.
Sec. 6303. Public awareness and education program.
Sec. 6304. Collection of paleontological resources.
Sec. 6305. Curation of resources.
Sec. 6306. Prohibited acts; criminal penalties.
Sec. 6307. Civil penalties.
Sec. 6308. Rewards and forfeiture.
Sec. 6309. Confidentiality.
Sec. 6310. Regulations.
Sec. 6311. Savings provisions.
Sec. 6312. Authorization of appropriations.
Subtitle E--Izembek National Wildlife Refuge Land Exchange
Sec. 6401. Definitions.
Sec. 6402. Land exchange.
[[Page 8602]]
Sec. 6403. King Cove Road.
Sec. 6404. Administration of conveyed lands.
Sec. 6405. Failure to begin road construction.
Sec. 6406. Expiration of legislative authority.
TITLE VII--NATIONAL PARK SERVICE AUTHORIZATIONS
Subtitle A--Additions to the National Park System
Sec. 7001. Paterson Great Falls National Historical Park, New Jersey.
Sec. 7002. William Jefferson Clinton Birthplace Home National Historic
Site.
Sec. 7003. River Raisin National Battlefield Park.
Subtitle B--Amendments to Existing Units of the National Park System
Sec. 7101. Funding for Keweenaw National Historical Park.
Sec. 7102. Location of visitor and administrative facilities for Weir
Farm National Historic Site.
Sec. 7103. Little River Canyon National Preserve boundary expansion.
Sec. 7104. Hopewell Culture National Historical Park boundary
expansion.
Sec. 7105. Jean Lafitte National Historical Park and Preserve boundary
adjustment.
Sec. 7106. Minute Man National Historical Park.
Sec. 7107. Everglades National Park.
Sec. 7108. Kalaupapa National Historical Park.
Sec. 7109. Boston Harbor Islands National Recreation Area.
Sec. 7110. Thomas Edison National Historical Park, New Jersey.
Sec. 7111. Women's Rights National Historical Park.
Sec. 7112. Martin Van Buren National Historic Site.
Sec. 7113. Palo Alto Battlefield National Historical Park.
Sec. 7114. Abraham Lincoln Birthplace National Historical Park.
Sec. 7115. New River Gorge National River.
Sec. 7116. Technical corrections.
Sec. 7117. Dayton Aviation Heritage National Historical Park, Ohio.
Sec. 7118. Fort Davis National Historic Site.
Subtitle C--Special Resource Studies
Sec. 7201. Walnut Canyon study.
Sec. 7202. Tule Lake Segregation Center, California.
Sec. 7203. Estate Grange, St. Croix.
Sec. 7204. Harriet Beecher Stowe House, Maine.
Sec. 7205. Shepherdstown battlefield, West Virginia.
Sec. 7206. Green McAdoo School, Tennessee.
Sec. 7207. Harry S Truman Birthplace, Missouri.
Sec. 7208. Battle of Matewan special resource study.
Sec. 7209. Butterfield Overland Trail.
Sec. 7210. Cold War sites theme study.
Sec. 7211. Battle of Camden, South Carolina.
Sec. 7212. Fort San Geronimo, Puerto Rico.
Subtitle D--Program Authorizations
Sec. 7301. American Battlefield Protection Program.
Sec. 7302. Preserve America Program.
Sec. 7303. Save America's Treasures Program.
Sec. 7304. Route 66 Corridor Preservation Program.
Sec. 7305. National Cave and Karst Research Institute.
Subtitle E--Advisory Commissions
Sec. 7401. Na Hoa Pili O Kaloko-Honokohau Advisory Commission.
Sec. 7402. Cape Cod National Seashore Advisory Commission.
Sec. 7403. Concessions Management Advisory Board.
Sec. 7404. St. Augustine 450th Commemoration Commission.
TITLE VIII--NATIONAL HERITAGE AREAS
Subtitle A--Designation of National Heritage Areas
Sec. 8001. Sangre de Cristo National Heritage Area, Colorado.
Sec. 8002. Cache La Poudre River National Heritage Area, Colorado.
Sec. 8003. South Park National Heritage Area, Colorado.
Sec. 8004. Northern Plains National Heritage Area, North Dakota.
Sec. 8005. Baltimore National Heritage Area, Maryland.
Sec. 8006. Freedom's Way National Heritage Area, Massachusetts and New
Hampshire.
Sec. 8007. Mississippi Hills National Heritage Area.
Sec. 8008. Mississippi Delta National Heritage Area.
Sec. 8009. Muscle Shoals National Heritage Area, Alabama.
Sec. 8010. Kenai Mountains-Turnagain Arm National Heritage Area,
Alaska.
Subtitle B--Studies
Sec. 8101. Chattahoochee Trace, Alabama and Georgia.
Sec. 8102. Northern Neck, Virginia.
Subtitle C--Amendments Relating to National Heritage Corridors
Sec. 8201. Quinebaug and Shetucket Rivers Valley National Heritage
Corridor.
Sec. 8202. Delaware And Lehigh National Heritage Corridor.
Sec. 8203. Erie Canalway National Heritage Corridor.
Sec. 8204. John H. Chafee Blackstone River Valley National Heritage
Corridor.
Subtitle D--Effect of Title
Sec. 8301. Effect on access for recreational activities.
TITLE IX--BUREAU OF RECLAMATION AUTHORIZATIONS
Subtitle A--Feasibility Studies
Sec. 9001. Snake, Boise, and Payette River systems, Idaho.
Sec. 9002. Sierra Vista Subwatershed, Arizona.
Sec. 9003. San Diego Intertie, California.
Subtitle B--Project Authorizations
Sec. 9101. Tumalo Irrigation District Water Conservation Project,
Oregon.
Sec. 9102. Madera Water Supply Enhancement Project, California.
Sec. 9103. Eastern New Mexico Rural Water System project, New Mexico.
Sec. 9104. Rancho California Water District project, California.
Sec. 9105. Jackson Gulch Rehabilitation Project, Colorado.
Sec. 9106. Rio Grande Pueblos, New Mexico.
Sec. 9107. Upper Colorado River endangered fish programs.
Sec. 9108. Santa Margarita River, California.
Sec. 9109. Elsinore Valley Municipal Water District.
Sec. 9110. North Bay Water Reuse Authority.
Sec. 9111. Prado Basin Natural Treatment System Project, California.
Sec. 9112. Bunker Hill Groundwater Basin, California.
Sec. 9113. GREAT Project, California.
Sec. 9114. Yucaipa Valley Water District, California.
Sec. 9115. Arkansas Valley Conduit, Colorado.
Subtitle C--Title Transfers and Clarifications
Sec. 9201. Transfer of McGee Creek pipeline and facilities.
Sec. 9202. Albuquerque Biological Park, New Mexico, title
clarification.
Sec. 9203. Goleta Water District Water Distribution System, California.
Subtitle D--San Gabriel Basin Restoration Fund
Sec. 9301. Restoration Fund.
Subtitle E--Lower Colorado River Multi-Species Conservation Program
Sec. 9401. Definitions.
Sec. 9402. Implementation and water accounting.
Sec. 9403. Enforceability of program documents.
Sec. 9404. Authorization of appropriations.
Subtitle F--Secure Water
Sec. 9501. Findings.
Sec. 9502. Definitions.
Sec. 9503. Reclamation climate change and water program.
Sec. 9504. Water management improvement.
Sec. 9505. Hydroelectric power assessment.
Sec. 9506. Climate change and water intragovernmental panel.
Sec. 9507. Water data enhancement by United States Geological Survey.
Sec. 9508. National water availability and use assessment program.
Sec. 9509. Research agreement authority.
Sec. 9510. Effect.
Subtitle G--Aging Infrastructure
Sec. 9601 Definitions.
Sec. 9602. Guidelines and inspection of project facilities and
technical assistance to transferred works operating
entities.
Sec. 9603. Extraordinary operation and maintenance work performed by
the Secretary.
Sec. 9604. Relationship to Twenty-First Century Water Works Act.
Sec. 9605. Authorization of appropriations.
TITLE X--WATER SETTLEMENTS
Subtitle A--San Joaquin River Restoration Settlement
PART I--San Joaquin River Restoration Settlement Act
Sec. 10001. Short title.
Sec. 10002. Purpose.
Sec. 10003. Definitions.
Sec. 10004. Implementation of settlement.
Sec. 10005. Acquisition and disposal of property; title to facilities.
Sec. 10006. Compliance with applicable law.
Sec. 10007. Compliance with Central Valley Project Improvement Act.
Sec. 10008. No private right of action.
Sec. 10009. Appropriations; Settlement Fund.
Sec. 10010. Repayment contracts and acceleration of repayment of
construction costs.
Sec. 10011. California Central Valley Spring Run Chinook salmon.
PART II--Study To Develop Water Plan; Report
Sec. 10101. Study to develop water plan; report.
PART III--Friant Division Improvements
Sec. 10201. Federal facility improvements.
Sec. 10202. Financial assistance for local projects.
Sec. 10203. Authorization of appropriations.
Subtitle B--Northwestern New Mexico Rural Water Projects
Sec. 10301. Short title.
Sec. 10302. Definitions.
Sec. 10303. Compliance with environmental laws.
Sec. 10304. No reallocation of costs.
Sec. 10305. Interest rate.
PART I--Amendments to the Colorado River Storage Project Act and Public
Law 87-483
Sec. 10401. Amendments to the Colorado River Storage Project Act.
[[Page 8603]]
Sec. 10402. Amendments to Public Law 87-483.
Sec. 10403. Effect on Federal water law.
PART II--Reclamation Water Settlements Fund
Sec. 10501. Reclamation Water Settlements Fund.
PART III--Navajo-Gallup Water Supply Project
Sec. 10601. Purposes.
Sec. 10602. Authorization of Navajo-Gallup Water Supply Project.
Sec. 10603. Delivery and use of Navajo-Gallup Water Supply Project
water.
Sec. 10604. Project contracts.
Sec. 10605. Navajo Nation Municipal Pipeline.
Sec. 10606. Authorization of conjunctive use wells.
Sec. 10607. San Juan River Navajo Irrigation Projects.
Sec. 10608. Other irrigation projects.
Sec. 10609. Authorization of appropriations.
PART IV--Navajo Nation Water Rights
Sec. 10701. Agreement.
Sec. 10702. Trust Fund.
Sec. 10703. Waivers and releases.
Sec. 10704. Water rights held in trust.
Subtitle C--Shoshone-Paiute Tribes of the Duck Valley Reservation Water
Rights Settlement
Sec. 10801. Findings.
Sec. 10802. Purposes.
Sec. 10803. Definitions.
Sec. 10804. Approval, ratification, and confirmation of agreement;
authorization.
Sec. 10805. Tribal water rights.
Sec. 10806. Duck Valley Indian Irrigation Project.
Sec. 10807. Development and Maintenance Funds.
Sec. 10808. Tribal waiver and release of claims.
Sec. 10809. Miscellaneous.
TITLE XI--UNITED STATES GEOLOGICAL SURVEY AUTHORIZATIONS
Sec. 11001. Reauthorization of the National Geologic Mapping Act of
1992.
Sec. 11002. New Mexico water resources study.
TITLE XII--OCEANS
Subtitle A--Ocean Exploration
PART I--Exploration
Sec. 12001. Purpose.
Sec. 12002. Program established.
Sec. 12003. Powers and duties of the Administrator.
Sec. 12004. Ocean exploration and undersea research technology and
infrastructure task force.
Sec. 12005. Ocean Exploration Advisory Board.
Sec. 12006. Authorization of appropriations.
PART II--NOAA Undersea Research Program Act of 2009
Sec. 12101. Short title.
Sec. 12102. Program established.
Sec. 12103. Powers of program director.
Sec. 12104. Administrative structure.
Sec. 12105. Research, exploration, education, and technology programs.
Sec. 12106. Competitiveness.
Sec. 12107. Authorization of appropriations.
Subtitle B--Ocean and Coastal Mapping Integration Act
Sec. 12201. Short title.
Sec. 12202. Establishment of program.
Sec. 12203. Interagency committee on ocean and coastal mapping.
Sec. 12204. Biannual reports.
Sec. 12205. Plan.
Sec. 12206. Effect on other laws.
Sec. 12207. Authorization of appropriations.
Sec. 12208. Definitions.
Subtitle C--Integrated Coastal and Ocean Observation System Act of 2009
Sec. 12301. Short title.
Sec. 12302. Purposes.
Sec. 12303. Definitions.
Sec. 12304. Integrated coastal and ocean observing system.
Sec. 12305. Interagency financing and agreements.
Sec. 12306. Application with other laws.
Sec. 12307. Report to Congress.
Sec. 12308. Public-private use policy.
Sec. 12309. Independent cost estimate.
Sec. 12310. Intent of Congress.
Sec. 12311. Authorization of appropriations.
Subtitle D--Federal Ocean Acidification Research and Monitoring Act of
2009
Sec. 12401. Short title.
Sec. 12402. Purposes.
Sec. 12403. Definitions.
Sec. 12404. Interagency subcommittee.
Sec. 12405. Strategic research plan.
Sec. 12406. NOAA ocean acidification activities.
Sec. 12407. NSF ocean acidification activities.
Sec. 12408. NASA ocean acidification activities.
Sec. 12409. Authorization of appropriations.
Subtitle E--Coastal and Estuarine Land Conservation Program
Sec. 12501. Short title.
Sec. 12502. Authorization of Coastal and Estuarine Land Conservation
Program.
TITLE XIII--MISCELLANEOUS
Sec. 13001. Management and distribution of North Dakota trust funds.
Sec. 13002. Amendments to the Fisheries Restoration and Irrigation
Mitigation Act of 2000.
Sec. 13003. Amendments to the Alaska Natural Gas Pipeline Act.
Sec. 13004. Additional Assistant Secretary for Department of Energy.
Sec. 13005. Lovelace Respiratory Research Institute.
Sec. 13006. Authorization of appropriations for National Tropical
Botanical Garden.
TITLE XIV--CHRISTOPHER AND DANA REEVE PARALYSIS ACT
Sec. 14001. Short title.
Subtitle A--Paralysis Research
Sec. 14101. Activities of the National Institutes of Health with
respect to research on paralysis.
Subtitle B--Paralysis Rehabilitation Research and Care
Sec. 14201. Activities of the National Institutes of Health with
respect to research with implications for enhancing daily
function for persons with paralysis.
Subtitle C--Improving Quality of Life for Persons With Paralysis and
Other Physical Disabilities
Sec. 14301. Programs to improve quality of life for persons with
paralysis and other physical disabilities.
TITLE XV--SMITHSONIAN INSTITUTION FACILITIES AUTHORIZATION
Sec. 15101. Laboratory and support space, Edgewater, Maryland.
Sec. 15102. Laboratory space, Gamboa, Panama.
Sec. 15103. Construction of greenhouse facility.
TITLE I--ADDITIONS TO THE NATIONAL WILDERNESS PRESERVATION SYSTEM
Subtitle A--Wild Monongahela Wilderness
SEC. 1001. DESIGNATION OF WILDERNESS, MONONGAHELA NATIONAL
FOREST, WEST VIRGINIA.
(a) Designation.--In furtherance of the purposes of the
Wilderness Act (16 U.S.C. 1131 et seq.), the following
Federal lands within the Monongahela National Forest in the
State of West Virginia are designated as wilderness and as
either a new component of the National Wilderness
Preservation System or as an addition to an existing
component of the National Wilderness Preservation System:
(1) Certain Federal land comprising approximately 5,144
acres, as generally depicted on the map entitled ``Big Draft
Proposed Wilderness'' and dated March 11, 2008, which shall
be known as the ``Big Draft Wilderness''.
(2) Certain Federal land comprising approximately 11,951
acres, as generally depicted on the map entitled ``Cranberry
Expansion Proposed Wilderness'' and dated March 11, 2008,
which shall be added to and administered as part of the
Cranberry Wilderness designated by section 1(1) of Public Law
97-466 (96 Stat. 2538).
(3) Certain Federal land comprising approximately 7,156
acres, as generally depicted on the map entitled ``Dolly Sods
Expansion Proposed Wilderness'' and dated March 11, 2008,
which shall be added to and administered as part of the Dolly
Sods Wilderness designated by section 3(a)(13) of Public Law
93-622 (88 Stat. 2098).
(4) Certain Federal land comprising approximately 698
acres, as generally depicted on the map entitled ``Otter
Creek Expansion Proposed Wilderness'' and dated March 11,
2008, which shall be added to and administered as part of the
Otter Creek Wilderness designated by section 3(a)(14) of
Public Law 93-622 (88 Stat. 2098).
(5) Certain Federal land comprising approximately 6,792
acres, as generally depicted on the map entitled ``Roaring
Plains Proposed Wilderness'' and dated March 11, 2008, which
shall be known as the ``Roaring Plains West Wilderness''.
(6) Certain Federal land comprising approximately 6,030
acres, as generally depicted on the map entitled ``Spice Run
Proposed Wilderness'' and dated March 11, 2008, which shall
be known as the ``Spice Run Wilderness''.
(b) Maps and Legal Description.--
(1) Filing and availability.--As soon as practicable after
the date of the enactment of this Act, the Secretary of
Agriculture, acting through the Chief of the Forest Service,
shall file with the Committee on Natural Resources of the
House of Representatives and the Committee on Energy and
Natural Resources of the Senate a map and legal description
of each wilderness area designated or expanded by subsection
(a). The maps and legal descriptions shall be on file and
available for public inspection in the office of the Chief of
the Forest Service and the office of the Supervisor of the
Monongahela National Forest.
(2) Force and effect.--The maps and legal descriptions
referred to in this subsection shall have the same force and
effect as if included in this subtitle, except that the
Secretary may correct errors in the maps and descriptions.
(c) Administration.--Subject to valid existing rights, the
Federal lands designated as wilderness by subsection (a)
shall be administered by the Secretary in accordance with the
Wilderness Act (16 U.S.C. 1131 et seq.). The Secretary may
continue to authorize the competitive running event permitted
from 2003 through 2007 in the vicinity of the boundaries of
the Dolly Sods Wilderness addition designated by paragraph
(3) of subsection (a) and the Roaring Plains West Wilderness
Area designated by paragraph (5) of such subsection, in a
manner compatible with the preservation of such areas as
wilderness.
(d) Effective Date of Wilderness Act.--With respect to the
Federal lands designated as wilderness by subsection (a), any
reference in the Wilderness Act (16 U.S.C. 1131 et seq.) to
the effective date of the Wilderness Act shall be deemed to
be a reference to the date of the enactment of this Act.
(e) Fish and Wildlife.--As provided in section 4(d)(7) of
the Wilderness Act (16 U.S.C.
[[Page 8604]]
1133(d)(7)), nothing in this section affects the jurisdiction
or responsibility of the State of West Virginia with respect
to wildlife and fish.
SEC. 1002. BOUNDARY ADJUSTMENT, LAUREL FORK SOUTH WILDERNESS,
MONONGAHELA NATIONAL FOREST.
(a) Boundary Adjustment.--The boundary of the Laurel Fork
South Wilderness designated by section 1(3) of Public Law 97-
466 (96 Stat. 2538) is modified to exclude two parcels of
land, as generally depicted on the map entitled ``Monongahela
National Forest Laurel Fork South Wilderness Boundary
Modification'' and dated March 11, 2008, and more
particularly described according to the site-specific maps
and legal descriptions on file in the office of the Forest
Supervisor, Monongahela National Forest. The general map
shall be on file and available for public inspection in the
Office of the Chief of the Forest Service.
(b) Management.--Federally owned land delineated on the
maps referred to in subsection (a) as the Laurel Fork South
Wilderness, as modified by such subsection, shall continue to
be administered by the Secretary of Agriculture in accordance
with the Wilderness Act (16 U.S.C. 1131 et seq.).
SEC. 1003. MONONGAHELA NATIONAL FOREST BOUNDARY CONFIRMATION.
(a) In General.--The boundary of the Monongahela National
Forest is confirmed to include the tracts of land as
generally depicted on the map entitled ``Monongahela National
Forest Boundary Confirmation'' and dated March 13, 2008, and
all Federal lands under the jurisdiction of the Secretary of
Agriculture, acting through the Chief of the Forest Service,
encompassed within such boundary shall be managed under the
laws and regulations pertaining to the National Forest
System.
(b) Land and Water Conservation Fund.--For the purposes of
section 7 of the Land and Water Conservation Fund Act of 1965
(16 U.S.C. 460l-9), the boundaries of the Monongahela
National Forest, as confirmed by subsection (a), shall be
considered to be the boundaries of the Monongahela National
Forest as of January 1, 1965.
SEC. 1004. ENHANCED TRAIL OPPORTUNITIES.
(a) Plan.--
(1) In general.--The Secretary of Agriculture, in
consultation with interested parties, shall develop a plan to
provide for enhanced nonmotorized recreation trail
opportunities on lands not designated as wilderness within
the Monongahela National Forest.
(2) Nonmotorized recreation trail defined.--For the
purposes of this subsection, the term ``nonmotorized
recreation trail'' means a trail designed for hiking,
bicycling, and equestrian use.
(b) Report.--Not later than two years after the date of the
enactment of this Act, the Secretary of Agriculture shall
submit to Congress a report on the implementation of the plan
required under subsection (a), including the identification
of priority trails for development.
(c) Consideration of Conversion of Forest Roads to
Recreational Uses.--In considering possible closure and
decommissioning of a Forest Service road within the
Monongahela National Forest after the date of the enactment
of this Act, the Secretary of Agriculture, in accordance with
applicable law, may consider converting the road to
nonmotorized uses to enhance recreational opportunities
within the Monongahela National Forest.
Subtitle B--Virginia Ridge and Valley Wilderness
SEC. 1101. DEFINITIONS.
In this subtitle:
(1) Scenic areas.--The term ``scenic areas'' means the Seng
Mountain National Scenic Area and the Bear Creek National
Scenic Area.
(2) Secretary.--The term ``Secretary'' means the Secretary
of Agriculture.
SEC. 1102. DESIGNATION OF ADDITIONAL NATIONAL FOREST SYSTEM
LAND IN JEFFERSON NATIONAL FOREST AS WILDERNESS
OR A WILDERNESS STUDY AREA.
(a) Designation of Wilderness.--Section 1 of Public Law
100-326 (16 U.S.C. 1132 note; 102 Stat. 584, 114 Stat. 2057),
is amended--
(1) in the matter preceding paragraph (1), by striking
``System--'' and inserting ``System:'';
(2) by striking ``certain'' each place it appears and
inserting ``Certain'';
(3) in each of paragraphs (1) through (6), by striking the
semicolon at the end and inserting a period;
(4) in paragraph (7), by striking ``; and'' and inserting a
period; and
(5) by adding at the end the following:
``(9) Certain land in the Jefferson National Forest
comprising approximately 3,743 acres, as generally depicted
on the map entitled `Brush Mountain and Brush Mountain East'
and dated May 5, 2008, which shall be known as the `Brush
Mountain East Wilderness'.
``(10) Certain land in the Jefferson National Forest
comprising approximately 4,794 acres, as generally depicted
on the map entitled `Brush Mountain and Brush Mountain East'
and dated May 5, 2008, which shall be known as the `Brush
Mountain Wilderness'.
``(11) Certain land in the Jefferson National Forest
comprising approximately 4,223 acres, as generally depicted
on the map entitled `Seng Mountain and Raccoon Branch' and
dated April 28, 2008, which shall be known as the `Raccoon
Branch Wilderness'.
``(12) Certain land in the Jefferson National Forest
comprising approximately 3,270 acres, as generally depicted
on the map entitled `Stone Mountain' and dated April 28,
2008, which shall be known as the `Stone Mountain
Wilderness'.
``(13) Certain land in the Jefferson National Forest
comprising approximately 8,470 acres, as generally depicted
on the map entitled `Garden Mountain and Hunting Camp Creek'
and dated April 28, 2008, which shall be known as the
`Hunting Camp Creek Wilderness'.
``(14) Certain land in the Jefferson National Forest
comprising approximately 3,291 acres, as generally depicted
on the map entitled `Garden Mountain and Hunting Camp Creek'
and dated April 28, 2008, which shall be known as the `Garden
Mountain Wilderness'.
``(15) Certain land in the Jefferson National Forest
comprising approximately 5,476 acres, as generally depicted
on the map entitled `Mountain Lake Additions' and dated April
28, 2008, which is incorporated in the Mountain Lake
Wilderness designated by section 2(6) of the Virginia
Wilderness Act of 1984 (16 U.S.C. 1132 note; Public Law 98-
586).
``(16) Certain land in the Jefferson National Forest
comprising approximately 308 acres, as generally depicted on
the map entitled `Lewis Fork Addition and Little Wilson Creek
Additions' and dated April 28, 2008, which is incorporated in
the Lewis Fork Wilderness designated by section 2(3) of the
Virginia Wilderness Act of 1984 (16 U.S.C. 1132 note; Public
Law 98-586).
``(17) Certain land in the Jefferson National Forest
comprising approximately 1,845 acres, as generally depicted
on the map entitled `Lewis Fork Addition and Little Wilson
Creek Additions' and dated April 28, 2008, which is
incorporated in the Little Wilson Creek Wilderness designated
by section 2(5) of the Virginia Wilderness Act of 1984 (16
U.S.C. 1132 note; Public Law 98-586).
``(18) Certain land in the Jefferson National Forest
comprising approximately 2,219 acres, as generally depicted
on the map entitled `Shawvers Run Additions' and dated April
28, 2008, which is incorporated in the Shawvers Run
Wilderness designated by paragraph (4).
``(19) Certain land in the Jefferson National Forest
comprising approximately 1,203 acres, as generally depicted
on the map entitled `Peters Mountain Addition' and dated
April 28, 2008, which is incorporated in the Peters Mountain
Wilderness designated by section 2(7) of the Virginia
Wilderness Act of 1984 (16 U.S.C. 1132 note; Public Law 98-
586).
``(20) Certain land in the Jefferson National Forest
comprising approximately 263 acres, as generally depicted on
the map entitled `Kimberling Creek Additions and Potential
Wilderness Area' and dated April 28, 2008, which is
incorporated in the Kimberling Creek Wilderness designated by
section 2(2) of the Virginia Wilderness Act of 1984 (16
U.S.C. 1132 note; Public Law 98-586).''.
(b) Designation of Wilderness Study Area.--The Virginia
Wilderness Act of 1984 (16 U.S.C. 1132 note; Public Law 98-
586) is amended--
(1) in the first section, by inserting ``as'' after
``cited''; and
(2) in section 6(a)--
(A) by striking ``certain'' each place it appears and
inserting ``Certain'';
(B) in each of paragraphs (1) and (2), by striking the
semicolon at the end and inserting a period;
(C) in paragraph (3), by striking ``; and'' and inserting a
period; and
(D) by adding at the end the following:
``(5) Certain land in the Jefferson National Forest
comprising approximately 3,226 acres, as generally depicted
on the map entitled `Lynn Camp Creek Wilderness Study Area'
and dated April 28, 2008, which shall be known as the `Lynn
Camp Creek Wilderness Study Area'.''.
SEC. 1103. DESIGNATION OF KIMBERLING CREEK POTENTIAL
WILDERNESS AREA, JEFFERSON NATIONAL FOREST,
VIRGINIA.
(a) Designation.--In furtherance of the purposes of the
Wilderness Act (16 U.S.C. 1131 et seq.), certain land in the
Jefferson National Forest comprising approximately 349 acres,
as generally depicted on the map entitled ``Kimberling Creek
Additions and Potential Wilderness Area'' and dated April 28,
2008, is designated as a potential wilderness area for
incorporation in the Kimberling Creek Wilderness designated
by section 2(2) of the Virginia Wilderness Act of 1984 (16
U.S.C. 1132 note; Public Law 98-586).
(b) Management.--Except as provided in subsection (c) and
subject to valid existing rights, the Secretary shall manage
the potential wilderness area in accordance with the
Wilderness Act (16 U.S.C. 1131 et seq.).
(c) Ecological Restoration.--
(1) In general.--For purposes of ecological restoration
(including the elimination of nonnative species, removal of
illegal, unused, or decommissioned roads, and any other
activity necessary to restore the natural ecosystems in the
potential wilderness area), the Secretary may use motorized
equipment and mechanized transport in the potential
wilderness area until the date on which the potential
wilderness area is incorporated into the Kimberling Creek
Wilderness.
(2) Limitation.--To the maximum extent practicable, the
Secretary shall use the minimum tool or administrative
practice necessary to accomplish ecological restoration with
the least amount of adverse impact on wilderness character
and resources.
(d) Wilderness Designation.--The potential wilderness area
shall be designated as wilderness and incorporated in the
Kimberling Creek Wilderness on the earlier of--
(1) the date on which the Secretary publishes in the
Federal Register notice that the conditions in the potential
wilderness area that are
[[Page 8605]]
incompatible with the Wilderness Act (16 U.S.C. 1131 et seq.)
have been removed; or
(2) the date that is 5 years after the date of enactment of
this Act.
SEC. 1104. SENG MOUNTAIN AND BEAR CREEK SCENIC AREAS,
JEFFERSON NATIONAL FOREST, VIRGINIA.
(a) Establishment.--There are designated as National Scenic
Areas--
(1) certain National Forest System land in the Jefferson
National Forest, comprising approximately 5,192 acres, as
generally depicted on the map entitled ``Seng Mountain and
Raccoon Branch'' and dated April 28, 2008, which shall be
known as the ``Seng Mountain National Scenic Area''; and
(2) certain National Forest System land in the Jefferson
National Forest, comprising approximately 5,128 acres, as
generally depicted on the map entitled ``Bear Creek'' and
dated April 28, 2008, which shall be known as the ``Bear
Creek National Scenic Area''.
(b) Purposes.--The purposes of the scenic areas are--
(1) to ensure the protection and preservation of scenic
quality, water quality, natural characteristics, and water
resources of the scenic areas;
(2) consistent with paragraph (1), to protect wildlife and
fish habitat in the scenic areas;
(3) to protect areas in the scenic areas that may develop
characteristics of old-growth forests; and
(4) consistent with paragraphs (1), (2), and (3), to
provide a variety of recreation opportunities in the scenic
areas.
(c) Administration.--
(1) In general.--The Secretary shall administer the scenic
areas in accordance with--
(A) this subtitle; and
(B) the laws (including regulations) generally applicable
to the National Forest System.
(2) Authorized uses.--The Secretary shall only allow uses
of the scenic areas that the Secretary determines will
further the purposes of the scenic areas, as described in
subsection (b).
(d) Management Plan.--
(1) In general.--Not later than 2 years after the date of
enactment of this Act, the Secretary shall develop as an
amendment to the land and resource management plan for the
Jefferson National Forest a management plan for the scenic
areas.
(2) Effect.--Nothing in this subsection requires the
Secretary to revise the land and resource management plan for
the Jefferson National Forest under section 6 of the Forest
and Rangeland Renewable Resources Planning Act of 1974 (16
U.S.C. 1604).
(e) Roads.--
(1) In general.--Except as provided in paragraph (2), after
the date of enactment of this Act, no roads shall be
established or constructed within the scenic areas.
(2) Limitation.--Nothing in this subsection denies any
owner of private land (or an interest in private land) that
is located in a scenic area the right to access the private
land.
(f) Timber Harvest.--
(1) In general.--Except as provided in paragraphs (2) and
(3), no harvesting of timber shall be allowed within the
scenic areas.
(2) Exceptions.--The Secretary may authorize harvesting of
timber in the scenic areas if the Secretary determines that
the harvesting is necessary to--
(A) control fire;
(B) provide for public safety or trail access; or
(C) control insect and disease outbreaks.
(3) Firewood for personal use.--Firewood may be harvested
for personal use along perimeter roads in the scenic areas,
subject to any conditions that the Secretary may impose.
(g) Insect and Disease Outbreaks.--The Secretary may
control insect and disease outbreaks--
(1) to maintain scenic quality;
(2) to prevent tree mortality;
(3) to reduce hazards to visitors; or
(4) to protect private land.
(h) Vegetation Management.--The Secretary may engage in
vegetation manipulation practices in the scenic areas to
maintain the visual quality and wildlife clearings in
existence on the date of enactment of this Act.
(i) Motorized Vehicles.--
(1) In general.--Except as provided in paragraph (2),
motorized vehicles shall not be allowed within the scenic
areas.
(2) Exceptions.--The Secretary may authorize the use of
motorized vehicles--
(A) to carry out administrative activities that further the
purposes of the scenic areas, as described in subsection (b);
(B) to assist wildlife management projects in existence on
the date of enactment of this Act; and
(C) during deer and bear hunting seasons--
(i) on Forest Development Roads 49410 and 84b; and
(ii) on the portion of Forest Development Road 6261
designated on the map described in subsection (a)(2) as
``open seasonally''.
(j) Wildfire Suppression.--Wildfire suppression within the
scenic areas shall be conducted--
(1) in a manner consistent with the purposes of the scenic
areas, as described in subsection (b); and
(2) using such means as the Secretary determines to be
appropriate.
(k) Water.--The Secretary shall administer the scenic areas
in a manner that maintains and enhances water quality.
(l) Withdrawal.--Subject to valid existing rights, all
Federal land in the scenic areas is withdrawn from--
(1) location, entry, and patent under the mining laws; and
(2) operation of the mineral leasing and geothermal leasing
laws.
SEC. 1105. TRAIL PLAN AND DEVELOPMENT.
(a) Trail Plan.--The Secretary, in consultation with
interested parties, shall establish a trail plan to develop--
(1) in a manner consistent with the Wilderness Act (16
U.S.C. 1131 et seq.), hiking and equestrian trails in the
wilderness areas designated by paragraphs (9) through (20) of
section 1 of Public Law 100-326 (16 U.S.C. 1132 note) (as
added by section 1102(a)(5)); and
(2) nonmotorized recreation trails in the scenic areas.
(b) Implementation Report.--Not later than 2 years after
the date of enactment of this Act, the Secretary shall submit
to Congress a report that describes the implementation of the
trail plan, including the identification of priority trails
for development.
(c) Sustainable Trail Required.--The Secretary shall
develop a sustainable trail, using a contour curvilinear
alignment, to provide for nonmotorized travel along the
southern boundary of the Raccoon Branch Wilderness
established by section 1(11) of Public Law 100-326 (16 U.S.C.
1132 note) (as added by section 1102(a)(5)) connecting to
Forest Development Road 49352 in Smyth County, Virginia.
SEC. 1106. MAPS AND BOUNDARY DESCRIPTIONS.
(a) In General.--As soon as practicable after the date of
enactment of this Act, the Secretary shall file with the
Committee on Energy and Natural Resources of the Senate and
the Committee on Natural Resources and the Committee on
Agriculture of the House of Representatives maps and boundary
descriptions of--
(1) the scenic areas;
(2) the wilderness areas designated by paragraphs (9)
through (20) of section 1 of Public Law 100-326 (16 U.S.C.
1132 note) (as added by section 1102(a)(5));
(3) the wilderness study area designated by section 6(a)(5)
of the Virginia Wilderness Act of 1984 (16 U.S.C. 1132 note;
Public Law 98-586) (as added by section 1102(b)(2)(D)); and
(4) the potential wilderness area designated by section
1103(a).
(b) Force and Effect.--The maps and boundary descriptions
filed under subsection (a) shall have the same force and
effect as if included in this subtitle, except that the
Secretary may correct any minor errors in the maps and
boundary descriptions.
(c) Availability of Map and Boundary Description.--The maps
and boundary descriptions filed under subsection (a) shall be
on file and available for public inspection in the Office of
the Chief of the Forest Service.
(d) Conflict.--In the case of a conflict between a map
filed under subsection (a) and the acreage of the applicable
areas specified in this subtitle, the map shall control.
SEC. 1107. EFFECTIVE DATE.
Any reference in the Wilderness Act (16 U.S.C. 1131 et
seq.) to the effective date of that Act shall be considered
to be a reference to the date of enactment of this Act for
purposes of administering--
(1) the wilderness areas designated by paragraphs (9)
through (20) of section 1 of Public Law 100-326 (16 U.S.C.
1132 note) (as added by section 1102(a)(5)); and
(2) the potential wilderness area designated by section
1103(a).
Subtitle C--Mt. Hood Wilderness, Oregon
SEC. 1201. DEFINITIONS.
In this subtitle:
(1) Secretary.--The term ``Secretary'' means the Secretary
of Agriculture.
(2) State.--The term ``State'' means the State of Oregon.
SEC. 1202. DESIGNATION OF WILDERNESS AREAS.
(a) Designation of Lewis and Clark Mount Hood Wilderness
Areas.--In accordance with the Wilderness Act (16 U.S.C. 1131
et seq.), the following areas in the State of Oregon are
designated as wilderness areas and as components of the
National Wilderness Preservation System:
(1) Badger creek wilderness additions.--Certain Federal
land managed by the Forest Service, comprising approximately
4,140 acres, as generally depicted on the maps entitled
``Badger Creek Wilderness--Badger Creek Additions'' and
``Badger Creek Wilderness--Bonney Butte'', dated July 16,
2007, which is incorporated in, and considered to be a part
of, the Badger Creek Wilderness, as designated by section
3(3) of the Oregon Wilderness Act of 1984 (16 U.S.C. 1132
note; 98 Stat. 273).
(2) Bull of the woods wilderness addition.--Certain Federal
land managed by the Forest Service, comprising approximately
10,180 acres, as generally depicted on the map entitled
``Bull of the Woods Wilderness--Bull of the Woods
Additions'', dated July 16, 2007, which is incorporated in,
and considered to be a part of, the Bull of the Woods
Wilderness, as designated by section 3(4) of the Oregon
Wilderness Act of 1984 (16 U.S.C. 1132 note; 98 Stat. 273).
(3) Clackamas wilderness.--Certain Federal land managed by
the Forest Service, comprising approximately 9,470 acres, as
generally depicted on the maps entitled ``Clackamas
Wilderness--Big Bottom'', ``Clackamas Wilderness--Clackamas
Canyon'', ``Clackamas Wilderness--Memaloose Lake'',
``Clackamas Wilderness--Sisi Butte'', and ``Clackamas
Wilderness--South Fork Clackamas'', dated July 16, 2007,
which shall be known as the ``Clackamas Wilderness''.
(4) Mark o. hatfield wilderness additions.--Certain Federal
land managed by the Forest Service, comprising approximately
25,960 acres, as generally depicted on the maps entitled
``Mark O. Hatfield Wilderness--Gorge Face''
[[Page 8606]]
and ``Mark O. Hatfield Wilderness--Larch Mountain'', dated
July 16, 2007, which is incorporated in, and considered to be
a part of, the Mark O. Hatfield Wilderness, as designated by
section 3(1) of the Oregon Wilderness Act of 1984 (16 U.S.C.
1132 note; 98 Stat. 273).
(5) Mount hood wilderness additions.--Certain Federal land
managed by the Forest Service, comprising approximately
18,450 acres, as generally depicted on the maps entitled
``Mount Hood Wilderness--Barlow Butte'', ``Mount Hood
Wilderness--Elk Cove/Mazama'', ``Richard L. Kohnstamm
Memorial Area'', ``Mount Hood Wilderness--Sand Canyon'',
``Mount Hood Wilderness--Sandy Additions'', ``Mount Hood
Wilderness--Twin Lakes'', and ``Mount Hood Wilderness--White
River'', dated July 16, 2007, and the map entitled ``Mount
Hood Wilderness--Cloud Cap'', dated July 20, 2007, which is
incorporated in, and considered to be a part of, the Mount
Hood Wilderness, as designated under section 3(a) of the
Wilderness Act (16 U.S.C. 1132(a)) and enlarged by section
3(d) of the Endangered American Wilderness Act of 1978 (16
U.S.C. 1132 note; 92 Stat. 43).
(6) Roaring river wilderness.--Certain Federal land managed
by the Forest Service, comprising approximately 36,550 acres,
as generally depicted on the map entitled ``Roaring River
Wilderness--Roaring River Wilderness'', dated July 16, 2007,
which shall be known as the ``Roaring River Wilderness''.
(7) Salmon-huckleberry wilderness additions.--Certain
Federal land managed by the Forest Service, comprising
approximately 16,620 acres, as generally depicted on the maps
entitled ``Salmon-Huckleberry Wilderness--Alder Creek
Addition'', ``Salmon-Huckleberry Wilderness--Eagle Creek
Addition'', ``Salmon-Huckleberry Wilderness--Hunchback
Mountain'', ``Salmon-Huckleberry Wilderness--Inch Creek'',
``Salmon-Huckleberry Wilderness--Mirror Lake'', and ``Salmon-
Huckleberry Wilderness--Salmon River Meadows'', dated July
16, 2007, which is incorporated in, and considered to be a
part of, the Salmon-Huckleberry Wilderness, as designated by
section 3(2) of the Oregon Wilderness Act of 1984 (16 U.S.C.
1132 note; 98 Stat. 273).
(8) Lower white river wilderness.--Certain Federal land
managed by the Forest Service and Bureau of Land Management,
comprising approximately 2,870 acres, as generally depicted
on the map entitled ``Lower White River Wilderness--Lower
White River'', dated July 16, 2007, which shall be known as
the ``Lower White River Wilderness''.
(b) Richard L. Kohnstamm Memorial Area.--Certain Federal
land managed by the Forest Service, as generally depicted on
the map entitled ``Richard L. Kohnstamm Memorial Area'',
dated July 16, 2007, is designated as the ``Richard L.
Kohnstamm Memorial Area''.
(c) Potential Wilderness Area; Additions to Wilderness
Areas.--
(1) Roaring river potential wilderness area.--
(A) In general.--In furtherance of the purposes of the
Wilderness Act (16 U.S.C. 1131 et seq.), certain Federal land
managed by the Forest Service, comprising approximately 900
acres identified as ``Potential Wilderness'' on the map
entitled ``Roaring River Wilderness'', dated July 16, 2007,
is designated as a potential wilderness area.
(B) Management.--The potential wilderness area designated
by subparagraph (A) shall be managed in accordance with
section 4 of the Wilderness Act (16 U.S.C. 1133).
(C) Designation as wilderness.--On the date on which the
Secretary publishes in the Federal Register notice that the
conditions in the potential wilderness area designated by
subparagraph (A) are compatible with the Wilderness Act (16
U.S.C. 1131 et seq.), the potential wilderness shall be--
(i) designated as wilderness and as a component of the
National Wilderness Preservation System; and
(ii) incorporated into the Roaring River Wilderness
designated by subsection (a)(6).
(2) Addition to the mount hood wilderness.--On completion
of the land exchange under section 1206(a)(2), certain
Federal land managed by the Forest Service, comprising
approximately 1,710 acres, as generally depicted on the map
entitled ``Mount Hood Wilderness--Tilly Jane'', dated July
20, 2007, shall be incorporated in, and considered to be a
part of, the Mount Hood Wilderness, as designated under
section 3(a) of the Wilderness Act (16 U.S.C. 1132(a)) and
enlarged by section 3(d) of the Endangered American
Wilderness Act of 1978 (16 U.S.C. 1132 note; 92 Stat. 43) and
subsection (a)(5).
(3) Addition to the salmon-huckleberry wilderness.--On
acquisition by the United States, the approximately 160 acres
of land identified as ``Land to be acquired by USFS'' on the
map entitled ``Hunchback Mountain Land Exchange, Clackamas
County'', dated June 2006, shall be incorporated in, and
considered to be a part of, the Salmon-Huckleberry
Wilderness, as designated by section 3(2) of the Oregon
Wilderness Act of 1984 (16 U.S.C. 1132 note; 98 Stat. 273)
and enlarged by subsection (a)(7).
(d) Maps and Legal Descriptions.--
(1) In general.--As soon as practicable after the date of
enactment of this Act, the Secretary shall file a map and a
legal description of each wilderness area and potential
wilderness area designated by this section, with--
(A) the Committee on Energy and Natural Resources of the
Senate; and
(B) the Committee on Natural Resources of the House of
Representatives.
(2) Force of law.--The maps and legal descriptions filed
under paragraph (1) shall have the same force and effect as
if included in this subtitle, except that the Secretary may
correct typographical errors in the maps and legal
descriptions.
(3) Public availability.--Each map and legal description
filed under paragraph (1) shall be on file and available for
public inspection in the appropriate offices of the Forest
Service and Bureau of Land Management.
(4) Description of land.--The boundaries of the areas
designated as wilderness by subsection (a) that are
immediately adjacent to a utility right-of-way or a Federal
Energy Regulatory Commission project boundary shall be 100
feet from the boundary of the right-of-way or the project
boundary.
(e) Administration.--
(1) In general.--Subject to valid existing rights, each
area designated as wilderness by this section shall be
administered by the Secretary that has jurisdiction over the
land within the wilderness, in accordance with the Wilderness
Act (16 U.S.C. 1131 et seq.), except that--
(A) any reference in that Act to the effective date shall
be considered to be a reference to the date of enactment of
this Act; and
(B) any reference in that Act to the Secretary of
Agriculture shall be considered to be a reference to the
Secretary that has jurisdiction over the land within the
wilderness.
(2) Incorporation of acquired land and interests.--Any land
within the boundary of a wilderness area designated by this
section that is acquired by the United States shall--
(A) become part of the wilderness area in which the land is
located; and
(B) be managed in accordance with this section, the
Wilderness Act (16 U.S.C. 1131 et seq.), and any other
applicable law.
(f) Buffer Zones.--
(1) In general.--As provided in the Oregon Wilderness Act
of 1984 (16 U.S.C. 1132 note; Public Law 98-328), Congress
does not intend for designation of wilderness areas in the
State under this section to lead to the creation of
protective perimeters or buffer zones around each wilderness
area.
(2) Activities or uses up to boundaries.--The fact that
nonwilderness activities or uses can be seen or heard from
within a wilderness area shall not, of itself, preclude the
activities or uses up to the boundary of the wilderness area.
(g) Fish and Wildlife.--Nothing in this section affects the
jurisdiction or responsibilities of the State with respect to
fish and wildlife.
(h) Fire, Insects, and Diseases.--As provided in section
4(d)(1) of the Wilderness Act (16 U.S.C. 1133(d)(1)), within
the wilderness areas designated by this section, the
Secretary that has jurisdiction over the land within the
wilderness (referred to in this subsection as the
``Secretary'') may take such measures as are necessary to
control fire, insects, and diseases, subject to such terms
and conditions as the Secretary determines to be desirable
and appropriate.
(i) Withdrawal.--Subject to valid rights in existence on
the date of enactment of this Act, the Federal land
designated as wilderness by this section is withdrawn from
all forms of--
(1) entry, appropriation, or disposal under the public land
laws;
(2) location, entry, and patent under the mining laws; and
(3) disposition under all laws pertaining to mineral and
geothermal leasing or mineral materials.
SEC. 1203. DESIGNATION OF STREAMS FOR WILD AND SCENIC RIVER
PROTECTION IN THE MOUNT HOOD AREA.
(a) Wild and Scenic River Designations, Mount Hood National
Forest.--
(1) In general.--Section 3(a) of the Wild and Scenic Rivers
Act (16 U.S.C. 1274(a)) is amended by adding at the end the
following:
``(171) South fork clackamas river, oregon.--The 4.2-mile
segment of the South Fork Clackamas River from its confluence
with the East Fork of the South Fork Clackamas to its
confluence with the Clackamas River, to be administered by
the Secretary of Agriculture as a wild river.
``(172) Eagle creek, oregon.--The 8.3-mile segment of Eagle
Creek from its headwaters to the Mount Hood National Forest
boundary, to be administered by the Secretary of Agriculture
as a wild river.
``(173) Middle fork hood river.--The 3.7-mile segment of
the Middle Fork Hood River from the confluence of Clear and
Coe Branches to the north section line of section 11,
township 1 south, range 9 east, to be administered by the
Secretary of Agriculture as a scenic river.
``(174) South fork roaring river, oregon.--The 4.6-mile
segment of the South Fork Roaring River from its headwaters
to its confluence with Roaring River, to be administered by
the Secretary of Agriculture as a wild river.
``(175) Zig zag river, oregon.--The 4.3-mile segment of the
Zig Zag River from its headwaters to the Mount Hood
Wilderness boundary, to be administered by the Secretary of
Agriculture as a wild river.
``(176) Fifteenmile creek, oregon.--
``(A) In general.--The 11.1-mile segment of Fifteenmile
Creek from its source at Senecal Spring to the southern edge
of the northwest quarter of the northwest quarter of section
20, township 2 south, range 12 east, to be administered by
the Secretary of Agriculture in the following classes:
``(i) The 2.6-mile segment from its source at Senecal
Spring to the Badger Creek Wilderness boundary, as a wild
river.
``(ii) The 0.4-mile segment from the Badger Creek
Wilderness boundary to the point 0.4 miles downstream, as a
scenic river.
[[Page 8607]]
``(iii) The 7.9-mile segment from the point 0.4 miles
downstream of the Badger Creek Wilderness boundary to the
western edge of section 20, township 2 south, range 12 east
as a wild river.
``(iv) The 0.2-mile segment from the western edge of
section 20, township 2 south, range 12 east, to the southern
edge of the northwest quarter of the northwest quarter of
section 20, township 2 south, range 12 east as a scenic
river.
``(B) Inclusions.--Notwithstanding section 3(b), the
lateral boundaries of both the wild river area and the scenic
river area along Fifteenmile Creek shall include an average
of not more than 640 acres per mile measured from the
ordinary high water mark on both sides of the river.
``(177) East fork hood river, oregon.--The 13.5-mile
segment of the East Fork Hood River from Oregon State Highway
35 to the Mount Hood National Forest boundary, to be
administered by the Secretary of Agriculture as a
recreational river.
``(178) Collawash river, oregon.--The 17.8-mile segment of
the Collawash River from the headwaters of the East Fork
Collawash to the confluence of the mainstream of the
Collawash River with the Clackamas River, to be administered
by the Secretary of Agriculture in the following classes:
``(A) The 11.0-mile segment from the headwaters of the East
Fork Collawash River to Buckeye Creek, as a scenic river.
``(B) The 6.8-mile segment from Buckeye Creek to the
Clackamas River, as a recreational river.
``(179) Fish creek, oregon.--The 13.5-mile segment of Fish
Creek from its headwaters to the confluence with the
Clackamas River, to be administered by the Secretary of
Agriculture as a recreational river.''.
(2) Effect.--The amendments made by paragraph (1) do not
affect valid existing water rights.
(b) Protection for Hood River, Oregon.--Section 13(a)(4) of
the ``Columbia River Gorge National Scenic Area Act'' (16
U.S.C. 544k(a)(4)) is amended by striking ``for a period not
to exceed twenty years from the date of enactment of this
Act,''.
SEC. 1204. MOUNT HOOD NATIONAL RECREATION AREA.
(a) Designation.--To provide for the protection,
preservation, and enhancement of recreational, ecological,
scenic, cultural, watershed, and fish and wildlife values,
there is established the Mount Hood National Recreation Area
within the Mount Hood National Forest.
(b) Boundary.--The Mount Hood National Recreation Area
shall consist of certain Federal land managed by the Forest
Service and Bureau of Land Management, comprising
approximately 34,550 acres, as generally depicted on the maps
entitled ``National Recreation Areas--Mount Hood NRA'',
``National Recreation Areas--Fifteenmile Creek NRA'', and
``National Recreation Areas--Shellrock Mountain'', dated
February 2007.
(c) Map and Legal Description.--
(1) Submission of legal description.--As soon as
practicable after the date of enactment of this Act, the
Secretary shall file a map and a legal description of the
Mount Hood National Recreation Area with--
(A) the Committee on Energy and Natural Resources of the
Senate; and
(B) the Committee on Natural Resources of the House of
Representatives.
(2) Force of law.--The map and legal description filed
under paragraph (1) shall have the same force and effect as
if included in this subtitle, except that the Secretary may
correct typographical errors in the map and the legal
description.
(3) Public availability.--The map and legal description
filed under paragraph (1) shall be on file and available for
public inspection in the appropriate offices of the Forest
Service.
(d) Administration.--
(1) In general.--The Secretary shall--
(A) administer the Mount Hood National Recreation Area--
(i) in accordance with the laws (including regulations) and
rules applicable to the National Forest System; and
(ii) consistent with the purposes described in subsection
(a); and
(B) only allow uses of the Mount Hood National Recreation
Area that are consistent with the purposes described in
subsection (a).
(2) Applicable law.--Any portion of a wilderness area
designated by section 1202 that is located within the Mount
Hood National Recreation Area shall be administered in
accordance with the Wilderness Act (16 U.S.C. 1131 et seq.).
(e) Timber.--The cutting, sale, or removal of timber within
the Mount Hood National Recreation Area may be permitted--
(1) to the extent necessary to improve the health of the
forest in a manner that--
(A) maximizes the retention of large trees--
(i) as appropriate to the forest type; and
(ii) to the extent that the trees promote stands that are
fire-resilient and healthy;
(B) improves the habitats of threatened, endangered, or
sensitive species; or
(C) maintains or restores the composition and structure of
the ecosystem by reducing the risk of uncharacteristic
wildfire;
(2) to accomplish an approved management activity in
furtherance of the purposes established by this section, if
the cutting, sale, or removal of timber is incidental to the
management activity; or
(3) for de minimus personal or administrative use within
the Mount Hood National Recreation Area, where such use will
not impair the purposes established by this section.
(f) Road Construction.--No new or temporary roads shall be
constructed or reconstructed within the Mount Hood National
Recreation Area except as necessary--
(1) to protect the health and safety of individuals in
cases of an imminent threat of flood, fire, or any other
catastrophic event that, without intervention, would cause
the loss of life or property;
(2) to conduct environmental cleanup required by the United
States;
(3) to allow for the exercise of reserved or outstanding
rights provided for by a statute or treaty;
(4) to prevent irreparable resource damage by an existing
road; or
(5) to rectify a hazardous road condition.
(g) Withdrawal.--Subject to valid existing rights, all
Federal land within the Mount Hood National Recreation Area
is withdrawn from--
(1) all forms of entry, appropriation, or disposal under
the public land laws;
(2) location, entry, and patent under the mining laws; and
(3) disposition under all laws relating to mineral and
geothermal leasing.
(h) Transfer of Administrative Jurisdiction.--
(1) In general.--Administrative jurisdiction over the
Federal land described in paragraph (2) is transferred from
the Bureau of Land Management to the Forest Service.
(2) Description of land.--The land referred to in paragraph
(1) is the approximately 130 acres of land administered by
the Bureau of Land Management that is within or adjacent to
the Mount Hood National Recreation Area and that is
identified as ``BLM Lands'' on the map entitled ``National
Recreation Areas--Shellrock Mountain'', dated February 2007.
SEC. 1205. PROTECTIONS FOR CRYSTAL SPRINGS, UPPER BIG BOTTOM,
AND CULTUS CREEK.
(a) Crystal Springs Watershed Special Resources Management
Unit.--
(1) Establishment.--
(A) In general.--On completion of the land exchange under
section 1206(a)(2), there shall be established a special
resources management unit in the State consisting of certain
Federal land managed by the Forest Service, as generally
depicted on the map entitled ``Crystal Springs Watershed
Special Resources Management Unit'', dated June 2006
(referred to in this subsection as the ``map''), to be known
as the ``Crystal Springs Watershed Special Resources
Management Unit'' (referred to in this subsection as the
``Management Unit'').
(B) Exclusion of certain land.--The Management Unit does
not include any National Forest System land otherwise covered
by subparagraph (A) that is designated as wilderness by
section 1202.
(C) Withdrawal.--
(i) In general.--Subject to valid rights in existence on
the date of enactment of this Act, the Federal land
designated as the Management Unit is withdrawn from all forms
of--
(I) entry, appropriation, or disposal under the public land
laws;
(II) location, entry, and patent under the mining laws; and
(III) disposition under all laws pertaining to mineral and
geothermal leasing or mineral materials.
(ii) Exception.--Clause (i)(I) does not apply to the parcel
of land generally depicted as ``HES 151'' on the map.
(2) Purposes.--The purposes of the Management Unit are--
(A) to ensure the protection of the quality and quantity of
the Crystal Springs watershed as a clean drinking water
source for the residents of Hood River County, Oregon; and
(B) to allow visitors to enjoy the special scenic, natural,
cultural, and wildlife values of the Crystal Springs
watershed.
(3) Map and legal description.--
(A) Submission of legal description.--As soon as
practicable after the date of enactment of this Act, the
Secretary shall file a map and a legal description of the
Management Unit with--
(i) the Committee on Energy and Natural Resources of the
Senate; and
(ii) the Committee on Natural Resources of the House of
Representatives.
(B) Force of law.--The map and legal description filed
under subparagraph (A) shall have the same force and effect
as if included in this subtitle, except that the Secretary
may correct typographical errors in the map and legal
description.
(C) Public availability.--The map and legal description
filed under subparagraph (A) shall be on file and available
for public inspection in the appropriate offices of the
Forest Service.
(4) Administration.--
(A) In general.--The Secretary shall--
(i) administer the Management Unit--
(I) in accordance with the laws (including regulations) and
rules applicable to units of the National Forest System; and
(II) consistent with the purposes described in paragraph
(2); and
(ii) only allow uses of the Management Unit that are
consistent with the purposes described in paragraph (2).
(B) Fuel reduction in proximity to improvements and primary
public roads.--To protect the water quality, water quantity,
and scenic, cultural, natural, and wildlife values of the
Management Unit, the Secretary may conduct fuel reduction and
forest health management treatments to maintain and restore
fire-resilient forest structures containing late successional
forest structure characterized by large trees and
multistoried canopies, as ecologically appropriate, on
National Forest System land in the Management Unit--
[[Page 8608]]
(i) in any area located not more than 400 feet from
structures located on--
(I) National Forest System land; or
(II) private land adjacent to National Forest System land;
(ii) in any area located not more than 400 feet from the
Cooper Spur Road, the Cloud Cap Road, or the Cooper Spur Ski
Area Loop Road; and
(iii) on any other National Forest System land in the
Management Unit, with priority given to activities that
restore previously harvested stands, including the removal of
logging slash, smaller diameter material, and ladder fuels.
(5) Prohibited activities.--Subject to valid existing
rights, the following activities shall be prohibited on
National Forest System land in the Management Unit:
(A) New road construction or renovation of existing non-
System roads, except as necessary to protect public health
and safety.
(B) Projects undertaken for the purpose of harvesting
commercial timber (other than activities relating to the
harvest of merchantable products that are byproducts of
activities conducted to further the purposes described in
paragraph (2)).
(C) Commercial livestock grazing.
(D) The placement of new fuel storage tanks.
(E) Except to the extent necessary to further the purposes
described in paragraph (2), the application of any toxic
chemicals (other than fire retardants), including pesticides,
rodenticides, or herbicides.
(6) Forest road closures.--
(A) In general.--Except as provided in subparagraph (B),
the Secretary may provide for the closure or gating to the
general public of any Forest Service road within the
Management Unit.
(B) Exception.--Nothing in this subsection requires the
Secretary to close the road commonly known as ``Cloud Cap
Road'', which shall be administered in accordance with
otherwise applicable law.
(7) Private land.--
(A) Effect.--Nothing in this subsection affects the use of,
or access to, any private property within the area identified
on the map as the ``Crystal Springs Zone of Contribution''
by--
(i) the owners of the private property; and
(ii) guests to the private property.
(B) Cooperation.--The Secretary is encouraged to work with
private landowners who have agreed to cooperate with the
Secretary to further the purposes of this subsection.
(8) Acquisition of land.--
(A) In general.--The Secretary may acquire from willing
landowners any land located within the area identified on the
map as the ``Crystal Springs Zone of Contribution''.
(B) Inclusion in management unit.--On the date of
acquisition, any land acquired under subparagraph (A) shall
be incorporated in, and be managed as part of, the Management
Unit.
(b) Protections for Upper Big Bottom and Cultus Creek.--
(1) In general.--The Secretary shall manage the Federal
land administered by the Forest Service described in
paragraph (2) in a manner that preserves the natural and
primitive character of the land for recreational, scenic, and
scientific use.
(2) Description of land.--The Federal land referred to in
paragraph (1) is--
(A) the approximately 1,580 acres, as generally depicted on
the map entitled ``Upper Big Bottom'', dated July 16, 2007;
and
(B) the approximately 280 acres identified as ``Cultus
Creek'' on the map entitled ``Clackamas Wilderness--South
Fork Clackamas'', dated July 16, 2007.
(3) Maps and legal descriptions.--
(A) In general.--As soon as practicable after the date of
enactment of this Act, the Secretary shall file maps and
legal descriptions of the Federal land described in paragraph
(2) with--
(i) the Committee on Energy and Natural Resources of the
Senate; and
(ii) the Committee on Natural Resources of the House of
Representatives.
(B) Force of law.--The maps and legal descriptions filed
under subparagraph (A) shall have the same force and effect
as if included in this subtitle, except that the Secretary
may correct typographical errors in the maps and legal
descriptions.
(C) Public availability.--Each map and legal description
filed under subparagraph (A) shall be on file and available
for public inspection in the appropriate offices of the
Forest Service.
(4) Use of land.--
(A) In general.--Subject to valid existing rights, with
respect to the Federal land described in paragraph (2), the
Secretary shall only allow uses that are consistent with the
purposes identified in paragraph (1).
(B) Prohibited uses.--The following shall be prohibited on
the Federal land described in paragraph (2):
(i) Permanent roads.
(ii) Commercial enterprises.
(iii) Except as necessary to meet the minimum requirements
for the administration of the Federal land and to protect
public health and safety--
(I) the use of motor vehicles; or
(II) the establishment of temporary roads.
(5) Withdrawal.--Subject to valid existing rights, the
Federal land described in paragraph (2) is withdrawn from--
(A) all forms of entry, appropriation, or disposal under
the public land laws;
(B) location, entry, and patent under the mining laws; and
(C) disposition under all laws relating to mineral and
geothermal leasing.
SEC. 1206. LAND EXCHANGES.
(a) Cooper Spur-Government Camp Land Exchange.--
(1) Definitions.--In this subsection:
(A) County.--The term ``County'' means Hood River County,
Oregon.
(B) Exchange map.--The term ``exchange map'' means the map
entitled ``Cooper Spur/Government Camp Land Exchange'', dated
June 2006.
(C) Federal land.--The term ``Federal land'' means the
approximately 120 acres of National Forest System land in the
Mount Hood National Forest in Government Camp, Clackamas
County, Oregon, identified as ``USFS Land to be Conveyed'' on
the exchange map.
(D) Mt. hood meadows.--The term ``Mt. Hood Meadows'' means
the Mt. Hood Meadows Oregon, Limited Partnership.
(E) Non-federal land.--The term ``non-Federal land''
means--
(i) the parcel of approximately 770 acres of private land
at Cooper Spur identified as ``Land to be acquired by USFS''
on the exchange map; and
(ii) any buildings, furniture, fixtures, and equipment at
the Inn at Cooper Spur and the Cooper Spur Ski Area covered
by an appraisal described in paragraph (2)(D).
(2) Cooper spur-government camp land exchange.--
(A) Conveyance of land.--Subject to the provisions of this
subsection, if Mt. Hood Meadows offers to convey to the
United States all right, title, and interest of Mt. Hood
Meadows in and to the non-Federal land, the Secretary shall
convey to Mt. Hood Meadows all right, title, and interest of
the United States in and to the Federal land (other than any
easements reserved under subparagraph (G)), subject to valid
existing rights.
(B) Compliance with existing law.--Except as otherwise
provided in this subsection, the Secretary shall carry out
the land exchange under this subsection in accordance with
section 206 of the Federal Land Policy and Management Act of
1976 (43 U.S.C. 1716).
(C) Conditions on acceptance.--
(i) Title.--As a condition of the land exchange under this
subsection, title to the non-Federal land to be acquired by
the Secretary under this subsection shall be acceptable to
the Secretary.
(ii) Terms and conditions.--The conveyance of the Federal
land and non-Federal land shall be subject to such terms and
conditions as the Secretary may require.
(D) Appraisals.--
(i) In general.--As soon as practicable after the date of
enactment of this Act, the Secretary and Mt. Hood Meadows
shall select an appraiser to conduct an appraisal of the
Federal land and non-Federal land.
(ii) Requirements.--An appraisal under clause (i) shall be
conducted in accordance with nationally recognized appraisal
standards, including--
(I) the Uniform Appraisal Standards for Federal Land
Acquisitions; and
(II) the Uniform Standards of Professional Appraisal
Practice.
(E) Surveys.--
(i) In general.--The exact acreage and legal description of
the Federal land and non-Federal land shall be determined by
surveys approved by the Secretary.
(ii) Costs.--The responsibility for the costs of any
surveys conducted under clause (i), and any other
administrative costs of carrying out the land exchange, shall
be determined by the Secretary and Mt. Hood Meadows.
(F) Deadline for completion of land exchange.--It is the
intent of Congress that the land exchange under this
subsection shall be completed not later than 16 months after
the date of enactment of this Act.
(G) Reservation of easements.--As a condition of the
conveyance of the Federal land, the Secretary shall reserve--
(i) a conservation easement to the Federal land to protect
existing wetland, as identified by the Oregon Department of
State Lands, that allows equivalent wetland mitigation
measures to compensate for minor wetland encroachments
necessary for the orderly development of the Federal land;
and
(ii) a trail easement to the Federal land that allows--
(I) nonmotorized use by the public of existing trails;
(II) roads, utilities, and infrastructure facilities to
cross the trails; and
(III) improvement or relocation of the trails to
accommodate development of the Federal land.
(b) Port of Cascade Locks Land Exchange.--
(1) Definitions.--In this subsection:
(A) Exchange map.--The term ``exchange map'' means the map
entitled ``Port of Cascade Locks/Pacific Crest National
Scenic Trail Land Exchange'', dated June 2006.
(B) Federal land.--The term ``Federal land'' means the
parcel of land consisting of approximately 10 acres of
National Forest System land in the Columbia River Gorge
National Scenic Area identified as ``USFS Land to be
conveyed'' on the exchange map.
(C) Non-federal land.--The term ``non-Federal land'' means
the parcels of land consisting of approximately 40 acres
identified as ``Land to be acquired by USFS'' on the exchange
map.
(D) Port.--The term ``Port'' means the Port of Cascade
Locks, Cascade Locks, Oregon.
[[Page 8609]]
(2) Land exchange, port of cascade locks-pacific crest
national scenic trail.--
(A) Conveyance of land.--Subject to the provisions of this
subsection, if the Port offers to convey to the United States
all right, title, and interest of the Port in and to the non-
Federal land, the Secretary shall, subject to valid existing
rights, convey to the Port all right, title, and interest of
the United States in and to the Federal land.
(B) Compliance with existing law.--Except as otherwise
provided in this subsection, the Secretary shall carry out
the land exchange under this subsection in accordance with
section 206 of the Federal Land Policy and Management Act of
1976 (43 U.S.C. 1716).
(3) Conditions on acceptance.--
(A) Title.--As a condition of the land exchange under this
subsection, title to the non-Federal land to be acquired by
the Secretary under this subsection shall be acceptable to
the Secretary.
(B) Terms and conditions.--The conveyance of the Federal
land and non-Federal land shall be subject to such terms and
conditions as the Secretary may require.
(4) Appraisals.--
(A) In general.--As soon as practicable after the date of
enactment of this Act, the Secretary shall select an
appraiser to conduct an appraisal of the Federal land and
non-Federal land.
(B) Requirements.--An appraisal under subparagraph (A)
shall be conducted in accordance with nationally recognized
appraisal standards, including--
(i) the Uniform Appraisal Standards for Federal Land
Acquisitions; and
(ii) the Uniform Standards of Professional Appraisal
Practice.
(5) Surveys.--
(A) In general.--The exact acreage and legal description of
the Federal land and non-Federal land shall be determined by
surveys approved by the Secretary.
(B) Costs.--The responsibility for the costs of any surveys
conducted under subparagraph (A), and any other
administrative costs of carrying out the land exchange, shall
be determined by the Secretary and the Port.
(6) Deadline for completion of land exchange.--It is the
intent of Congress that the land exchange under this
subsection shall be completed not later than 16 months after
the date of enactment of this Act.
(c) Hunchback Mountain Land Exchange and Boundary
Adjustment.--
(1) Definitions.--In this subsection:
(A) County.--The term ``County'' means Clackamas County,
Oregon.
(B) Exchange map.--The term ``exchange map'' means the map
entitled ``Hunchback Mountain Land Exchange, Clackamas
County'', dated June 2006.
(C) Federal land.--The term ``Federal land'' means the
parcel of land consisting of approximately 160 acres of
National Forest System land in the Mount Hood National Forest
identified as ``USFS Land to be Conveyed'' on the exchange
map.
(D) Non-federal land.--The term ``non-Federal land'' means
the parcel of land consisting of approximately 160 acres
identified as ``Land to be acquired by USFS'' on the exchange
map.
(2) Hunchback mountain land exchange.--
(A) Conveyance of land.--Subject to the provisions of this
paragraph, if the County offers to convey to the United
States all right, title, and interest of the County in and to
the non-Federal land, the Secretary shall, subject to valid
existing rights, convey to the County all right, title, and
interest of the United States in and to the Federal land.
(B) Compliance with existing law.--Except as otherwise
provided in this paragraph, the Secretary shall carry out the
land exchange under this paragraph in accordance with section
206 of the Federal Land Policy and Management Act of 1976 (43
U.S.C. 1716).
(C) Conditions on acceptance.--
(i) Title.--As a condition of the land exchange under this
paragraph, title to the non-Federal land to be acquired by
the Secretary under this paragraph shall be acceptable to the
Secretary.
(ii) Terms and conditions.--The conveyance of the Federal
land and non-Federal land shall be subject to such terms and
conditions as the Secretary may require.
(D) Appraisals.--
(i) In general.--As soon as practicable after the date of
enactment of this Act, the Secretary shall select an
appraiser to conduct an appraisal of the Federal land and
non-Federal land.
(ii) Requirements.--An appraisal under clause (i) shall be
conducted in accordance with nationally recognized appraisal
standards, including--
(I) the Uniform Appraisal Standards for Federal Land
Acquisitions; and
(II) the Uniform Standards of Professional Appraisal
Practice.
(E) Surveys.--
(i) In general.--The exact acreage and legal description of
the Federal land and non-Federal land shall be determined by
surveys approved by the Secretary.
(ii) Costs.--The responsibility for the costs of any
surveys conducted under clause (i), and any other
administrative costs of carrying out the land exchange, shall
be determined by the Secretary and the County.
(F) Deadline for completion of land exchange.--It is the
intent of Congress that the land exchange under this
paragraph shall be completed not later than 16 months after
the date of enactment of this Act.
(3) Boundary adjustment.--
(A) In general.--The boundary of the Mount Hood National
Forest shall be adjusted to incorporate--
(i) any land conveyed to the United States under paragraph
(2); and
(ii) the land transferred to the Forest Service by section
1204(h)(1).
(B) Additions to the national forest system.--The Secretary
shall administer the land described in subparagraph (A)--
(i) in accordance with--
(I) the Act of March 1, 1911 (commonly known as the ``Weeks
Law'') (16 U.S.C. 480 et seq.); and
(II) any laws (including regulations) applicable to the
National Forest System; and
(ii) subject to sections 1202(c)(3) and 1204(d), as
applicable.
(C) Land and water conservation fund.--For the purposes of
section 7 of the Land and Water Conservation Fund Act of 1965
(16 U.S.C. 460l-9), the boundaries of the Mount Hood National
Forest modified by this paragraph shall be considered to be
the boundaries of the Mount Hood National Forest in existence
as of January 1, 1965.
(d) Conditions on Development of Federal Land.--
(1) Requirements applicable to the conveyance of federal
land.--
(A) In general.--As a condition of each of the conveyances
of Federal land under this section, the Secretary shall
include in the deed of conveyance a requirement that
applicable construction activities and alterations shall be
conducted in accordance with--
(i) nationally recognized building and property maintenance
codes; and
(ii) nationally recognized codes for development in the
wildland-urban interface and wildfire hazard mitigation.
(B) Applicable law.--To the maximum extent practicable, the
codes required under subparagraph (A) shall be consistent
with the nationally recognized codes adopted or referenced by
the State or political subdivisions of the State.
(C) Enforcement.--The requirements under subparagraph (A)
may be enforced by the same entities otherwise enforcing
codes, ordinances, and standards.
(2) Compliance with codes on federal land.--The Secretary
shall ensure that applicable construction activities and
alterations undertaken or permitted by the Secretary on
National Forest System land in the Mount Hood National Forest
are conducted in accordance with--
(A) nationally recognized building and property maintenance
codes; and
(B) nationally recognized codes for development in the
wildland-urban interface development and wildfire hazard
mitigation.
(3) Effect on enforcement by states and political
subdivisions.--Nothing in this subsection alters or limits
the power of the State or a political subdivision of the
State to implement or enforce any law (including
regulations), rule, or standard relating to development or
fire prevention and control.
SEC. 1207. TRIBAL PROVISIONS; PLANNING AND STUDIES.
(a) Transportation Plan.--
(1) In general.--The Secretary shall seek to participate in
the development of an integrated, multimodal transportation
plan developed by the Oregon Department of Transportation for
the Mount Hood region to achieve comprehensive solutions to
transportation challenges in the Mount Hood region--
(A) to promote appropriate economic development;
(B) to preserve the landscape of the Mount Hood region; and
(C) to enhance public safety.
(2) Issues to be addressed.--In participating in the
development of the transportation plan under paragraph (1),
the Secretary shall seek to address--
(A) transportation alternatives between and among
recreation areas and gateway communities that are located
within the Mount Hood region;
(B) establishing park-and-ride facilities that shall be
located at gateway communities;
(C) establishing intermodal transportation centers to link
public transportation, parking, and recreation destinations;
(D) creating a new interchange on Oregon State Highway 26
located adjacent to or within Government Camp;
(E) designating, maintaining, and improving alternative
routes using Forest Service or State roads for--
(i) providing emergency routes; or
(ii) improving access to, and travel within, the Mount Hood
region;
(F) the feasibility of establishing--
(i) a gondola connection that--
(I) connects Timberline Lodge to Government Camp; and
(II) is located in close proximity to the site of the
historic gondola corridor; and
(ii) an intermodal transportation center to be located in
close proximity to Government Camp;
(G) burying power lines located in, or adjacent to, the
Mount Hood National Forest along Interstate 84 near the City
of Cascade Locks, Oregon; and
(H) creating mechanisms for funding the implementation of
the transportation plan under paragraph (1), including--
(i) funds provided by the Federal Government;
(ii) public-private partnerships;
(iii) incremental tax financing; and
(iv) other financing tools that link transportation
infrastructure improvements with development.
[[Page 8610]]
(b) Mount Hood National Forest Stewardship Strategy.--
(1) In general.--The Secretary shall prepare a report on,
and implementation schedule for, the vegetation management
strategy (including recommendations for biomass utilization)
for the Mount Hood National Forest being developed by the
Forest Service.
(2) Submission to congress.--
(A) Report.--Not later than 1 year after the date of
enactment of this Act, the Secretary shall submit the report
to--
(i) the Committee on Energy and Natural Resources of the
Senate; and
(ii) the Committee on Natural Resources of the House of
Representatives.
(B) Implementation schedule.--Not later than 1 year after
the date on which the vegetation management strategy referred
to in paragraph (1) is completed, the Secretary shall submit
the implementation schedule to--
(i) the Committee on Energy and Natural Resources of the
Senate; and
(ii) the Committee on Natural Resources of the House of
Representatives.
(c) Local and Tribal Relationships.--
(1) Management plan.--
(A) In general.--The Secretary, in consultation with Indian
tribes with treaty-reserved gathering rights on land
encompassed by the Mount Hood National Forest and in a manner
consistent with the memorandum of understanding entered into
between the Department of Agriculture, the Bureau of Land
Management, the Bureau of Indian Affairs, and the
Confederated Tribes and Bands of the Warm Springs Reservation
of Oregon, dated April 25, 2003, as modified, shall develop
and implement a management plan that meets the cultural foods
obligations of the United States under applicable treaties,
including the Treaty with the Tribes and Bands of Middle
Oregon of June 25, 1855 (12 Stat. 963).
(B) Effect.--This paragraph shall be considered to be
consistent with, and is intended to help implement, the
gathering rights reserved by the treaty described in
subparagraph (A).
(2) Savings provisions regarding relations with indian
tribes.--
(A) Treaty rights.--Nothing in this subtitle alters,
modifies, enlarges, diminishes, or abrogates the treaty
rights of any Indian tribe, including the off-reservation
reserved rights secured by the Treaty with the Tribes and
Bands of Middle Oregon of June 25, 1855 (12 Stat. 963).
(B) Tribal land.--Nothing in this subtitle affects land
held in trust by the Secretary of the Interior for Indian
tribes or individual members of Indian tribes or other land
acquired by the Army Corps of Engineers and administered by
the Secretary of the Interior for the benefit of Indian
tribes and individual members of Indian tribes.
(d) Recreational Uses.--
(1) Mount hood national forest recreational working
group.--The Secretary may establish a working group for the
purpose of providing advice and recommendations to the Forest
Service on planning and implementing recreation enhancements
in the Mount Hood National Forest.
(2) Consideration of conversion of forest roads to
recreational uses.--In considering a Forest Service road in
the Mount Hood National Forest for possible closure and
decommissioning after the date of enactment of this Act, the
Secretary, in accordance with applicable law, shall consider,
as an alternative to decommissioning the road, converting the
road to recreational uses to enhance recreational
opportunities in the Mount Hood National Forest.
(3) Improved trail access for persons with disabilities.--
The Secretary, in consultation with the public, may design
and construct a trail at a location selected by the Secretary
in Mount Hood National Forest suitable for use by persons
with disabilities.
Subtitle D--Copper Salmon Wilderness, Oregon
SEC. 1301. DESIGNATION OF THE COPPER SALMON WILDERNESS.
(a) Designation.--Section 3 of the Oregon Wilderness Act of
1984 (16 U.S.C. 1132 note; Public Law 98-328) is amended--
(1) in the matter preceding paragraph (1), by striking
``eight hundred fifty-nine thousand six hundred acres'' and
inserting ``873,300 acres'';
(2) in paragraph (29), by striking the period at the end
and inserting ``; and''; and
(3) by adding at the end the following:
``(30) certain land in the Siskiyou National Forest,
comprising approximately 13,700 acres, as generally depicted
on the map entitled `Proposed Copper Salmon Wilderness Area'
and dated December 7, 2007, to be known as the `Copper Salmon
Wilderness'.''.
(b) Maps and Legal Description.--
(1) In general.--As soon as practicable after the date of
enactment of this Act, the Secretary of Agriculture (referred
to in this subtitle as the ``Secretary'') shall file a map
and a legal description of the Copper Salmon Wilderness
with--
(A) the Committee on Energy and Natural Resources of the
Senate; and
(B) the Committee on Natural Resources of the House of
Representatives.
(2) Force of law.--The map and legal description filed
under paragraph (1) shall have the same force and effect as
if included in this subtitle, except that the Secretary may
correct typographical errors in the map and legal
description.
(3) Boundary.--If the boundary of the Copper Salmon
Wilderness shares a border with a road, the Secretary may
only establish an offset that is not more than 150 feet from
the centerline of the road.
(4) Public availability.--Each map and legal description
filed under paragraph (1) shall be on file and available for
public inspection in the appropriate offices of the Forest
Service.
SEC. 1302. WILD AND SCENIC RIVER DESIGNATIONS, ELK RIVER,
OREGON.
Section 3(a)(76) of the Wild and Scenic Rivers Act (16
U.S.C. 1274(a)(76)) is amended--
(1) in the matter preceding subparagraph (A), by striking
``19-mile segment'' and inserting ``29-mile segment'';
(2) in subparagraph (A), by striking ``; and'' and
inserting a period; and
(3) by striking subparagraph (B) and inserting the
following:
``(B)(i) The approximately 0.6-mile segment of the North
Fork Elk from its source in sec. 21, T. 33 S., R. 12 W.,
Willamette Meridian, downstream to 0.01 miles below Forest
Service Road 3353, as a scenic river.
``(ii) The approximately 5.5-mile segment of the North Fork
Elk from 0.01 miles below Forest Service Road 3353 to its
confluence with the South Fork Elk, as a wild river.
``(C)(i) The approximately 0.9-mile segment of the South
Fork Elk from its source in the southeast quarter of sec. 32,
T. 33 S., R. 12 W., Willamette Meridian, downstream to 0.01
miles below Forest Service Road 3353, as a scenic river.
``(ii) The approximately 4.2-mile segment of the South Fork
Elk from 0.01 miles below Forest Service Road 3353 to its
confluence with the North Fork Elk, as a wild river.''.
SEC. 1303. PROTECTION OF TRIBAL RIGHTS.
(a) In General.--Nothing in this subtitle shall be
construed as diminishing any right of any Indian tribe.
(b) Memorandum of Understanding.--The Secretary shall seek
to enter into a memorandum of understanding with the Coquille
Indian Tribe regarding access to the Copper Salmon Wilderness
to conduct historical and cultural activities.
Subtitle E--Cascade-Siskiyou National Monument, Oregon
SEC. 1401. DEFINITIONS.
In this subtitle:
(1) Box r ranch land exchange map.--The term ``Box R Ranch
land exchange map'' means the map entitled ``Proposed Rowlett
Land Exchange'' and dated June 13, 2006.
(2) Bureau of land management land.--The term ``Bureau of
Land Management land'' means the approximately 40 acres of
land administered by the Bureau of Land Management identified
as ``Rowlett Selected'', as generally depicted on the Box R
Ranch land exchange map.
(3) Deerfield land exchange map.--The term ``Deerfield land
exchange map'' means the map entitled ``Proposed Deerfield-
BLM Property Line Adjustment'' and dated May 1, 2008.
(4) Deerfield parcel.--The term ``Deerfield parcel'' means
the approximately 1.5 acres of land identified as ``From
Deerfield to BLM'', as generally depicted on the Deerfield
land exchange map.
(5) Federal parcel.--The term ``Federal parcel'' means the
approximately 1.3 acres of land administered by the Bureau of
Land Management identified as ``From BLM to Deerfield'', as
generally depicted on the Deerfield land exchange map.
(6) Grazing allotment.--The term ``grazing allotment''
means any of the Box R, Buck Lake, Buck Mountain, Buck Point,
Conde Creek, Cove Creek, Cove Creek Ranch, Deadwood, Dixie,
Grizzly, Howard Prairie, Jenny Creek, Keene Creek, North Cove
Creek, and Soda Mountain grazing allotments in the State.
(7) Grazing lease.--The term ``grazing lease'' means any
document authorizing the use of a grazing allotment for the
purpose of grazing livestock for commercial purposes.
(8) Landowner.--The term ``Landowner'' means the owner of
the Box R Ranch in the State.
(9) Lessee.--The term ``lessee'' means a livestock operator
that holds a valid existing grazing lease for a grazing
allotment.
(10) Livestock.--The term ``livestock'' does not include
beasts of burden used for recreational purposes.
(11) Monument.--The term ``Monument'' means the Cascade-
Siskiyou National Monument in the State.
(12) Rowlett parcel.--The term ``Rowlett parcel'' means the
parcel of approximately 40 acres of private land identified
as ``Rowlett Offered'', as generally depicted on the Box R
Ranch land exchange map.
(13) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(14) State.--The term ``State'' means the State of Oregon.
(15) Wilderness.--The term ``Wilderness'' means the Soda
Mountain Wilderness designated by section 1405(a).
(16) Wilderness map.--The term ``wilderness map'' means the
map entitled ``Soda Mountain Wilderness'' and dated May 5,
2008.
SEC. 1402. VOLUNTARY GRAZING LEASE DONATION PROGRAM.
(a) Existing Grazing Leases.--
(1) Donation of lease.--
(A) Acceptance by secretary.--The Secretary shall accept
any grazing lease that is donated by a lessee.
(B) Termination.--The Secretary shall terminate any grazing
lease acquired under subparagraph (A).
(C) No new grazing lease.--Except as provided in paragraph
(3), with respect to each
[[Page 8611]]
grazing lease donated under subparagraph (A), the Secretary
shall--
(i) not issue any new grazing lease within the grazing
allotment covered by the grazing lease; and
(ii) ensure a permanent end to livestock grazing on the
grazing allotment covered by the grazing lease.
(2) Donation of portion of grazing lease.--
(A) In general.--A lessee with a grazing lease for a
grazing allotment partially within the Monument may elect to
donate only that portion of the grazing lease that is within
the Monument.
(B) Acceptance by secretary.--The Secretary shall accept
the portion of a grazing lease that is donated under
subparagraph (A).
(C) Modification of lease.--Except as provided in paragraph
(3), if a lessee donates a portion of a grazing lease under
subparagraph (A), the Secretary shall--
(i) reduce the authorized grazing level and area to reflect
the donation; and
(ii) modify the grazing lease to reflect the reduced level
and area of use.
(D) Authorized level.--To ensure that there is a permanent
reduction in the level and area of livestock grazing on the
land covered by a portion of a grazing lease donated under
subparagraph (A), the Secretary shall not allow grazing to
exceed the authorized level and area established under
subparagraph (C).
(3) Common allotments.--
(A) In general.--If a grazing allotment covered by a
grazing lease or portion of a grazing lease that is donated
under paragraph (1) or (2) also is covered by another grazing
lease that is not donated, the Secretary shall reduce the
grazing level on the grazing allotment to reflect the
donation.
(B) Authorized level.--To ensure that there is a permanent
reduction in the level of livestock grazing on the land
covered by the grazing lease or portion of a grazing lease
donated under paragraph (1) or (2), the Secretary shall not
allow grazing to exceed the level established under
subparagraph (A).
(b) Limitations.--The Secretary--
(1) with respect to the Agate, Emigrant Creek, and Siskiyou
allotments in and near the Monument--
(A) shall not issue any grazing lease; and
(B) shall ensure a permanent end to livestock grazing on
each allotment; and
(2) shall not establish any new allotments for livestock
grazing that include any Monument land (whether leased or not
leased for grazing on the date of enactment of this Act).
(c) Effect of Donation.--A lessee who donates a grazing
lease or a portion of a grazing lease under this section
shall be considered to have waived any claim to any range
improvement on the associated grazing allotment or portion of
the associated grazing allotment, as applicable.
SEC. 1403. BOX R RANCH LAND EXCHANGE.
(a) In General.--For the purpose of protecting and
consolidating Federal land within the Monument, the
Secretary--
(1) may offer to convey to the Landowner the Bureau of Land
Management land in exchange for the Rowlett parcel; and
(2) if the Landowner accepts the offer--
(A) the Secretary shall convey to the Landowner all right,
title, and interest of the United States in and to the Bureau
of Land Management land; and
(B) the Landowner shall convey to the Secretary all right,
title, and interest of the Landowner in and to the Rowlett
parcel.
(b) Surveys.--
(1) In general.--The exact acreage and legal description of
the Bureau of Land Management land and the Rowlett parcel
shall be determined by surveys approved by the Secretary.
(2) Costs.--The responsibility for the costs of any surveys
conducted under paragraph (1), and any other administrative
costs of carrying out the land exchange, shall be determined
by the Secretary and the Landowner.
(c) Conditions.--The conveyance of the Bureau of Land
Management land and the Rowlett parcel under this section
shall be subject to--
(1) valid existing rights;
(2) title to the Rowlett parcel being acceptable to the
Secretary and in conformance with the title approval
standards applicable to Federal land acquisitions;
(3) such terms and conditions as the Secretary may require;
and
(4) except as otherwise provided in this section, any laws
(including regulations) applicable to the conveyance and
acquisition of land by the Bureau of Land Management.
(d) Appraisals.--
(1) In general.--The Bureau of Land Management land and the
Rowlett parcel shall be appraised by an independent appraiser
selected by the Secretary.
(2) Requirements.--An appraisal conducted under paragraph
(1) shall be conducted in accordance with--
(A) the Uniform Appraisal Standards for Federal Land
Acquisitions; and
(B) the Uniform Standards of Professional Appraisal
Practice.
(3) Approval.--The appraisals conducted under this
subsection shall be submitted to the Secretary for approval.
(e) Grazing Allotment.--As a condition of the land exchange
authorized under this section, the lessee of the grazing
lease for the Box R grazing allotment shall donate the Box R
grazing lease in accordance with section 1402(a)(1).
SEC. 1404. DEERFIELD LAND EXCHANGE.
(a) In General.--For the purpose of protecting and
consolidating Federal land within the Monument, the
Secretary--
(1) may offer to convey to Deerfield Learning Associates
the Federal parcel in exchange for the Deerfield parcel; and
(2) if Deerfield Learning Associates accepts the offer--
(A) the Secretary shall convey to Deerfield Learning
Associates all right, title, and interest of the United
States in and to the Federal parcel; and
(B) Deerfield Learning Associates shall convey to the
Secretary all right, title, and interest of Deerfield
Learning Associates in and to the Deerfield parcel.
(b) Surveys.--
(1) In general.--The exact acreage and legal description of
the Federal parcel and the Deerfield parcel shall be
determined by surveys approved by the Secretary.
(2) Costs.--The responsibility for the costs of any surveys
conducted under paragraph (1), and any other administrative
costs of carrying out the land exchange, shall be determined
by the Secretary and Deerfield Learning Associates.
(c) Conditions.--
(1) In general.--The conveyance of the Federal parcel and
the Deerfield parcel under this section shall be subject to--
(A) valid existing rights;
(B) title to the Deerfield parcel being acceptable to the
Secretary and in conformance with the title approval
standards applicable to Federal land acquisitions;
(C) such terms and conditions as the Secretary may require;
and
(D) except as otherwise provided in this section, any laws
(including regulations) applicable to the conveyance and
acquisition of land by the Bureau of Land Management.
(d) Appraisals.--
(1) In general.--The Federal parcel and the Deerfield
parcel shall be appraised by an independent appraiser
selected by the Secretary.
(2) Requirements.--An appraisal conducted under paragraph
(1) shall be conducted in accordance with--
(A) the Uniform Appraisal Standards for Federal Land
Acquisitions; and
(B) the Uniform Standards of Professional Appraisal
Practice.
(3) Approval.--The appraisals conducted under this
subsection shall be submitted to the Secretary for approval.
SEC. 1405. SODA MOUNTAIN WILDERNESS.
(a) Designation.--In accordance with the Wilderness Act (16
U.S.C. 1131 et seq.), approximately 24,100 acres of Monument
land, as generally depicted on the wilderness map, is
designated as wilderness and as a component of the National
Wilderness Preservation System, to be known as the ``Soda
Mountain Wilderness''.
(b) Map and Legal Description.--
(1) Submission of map and legal description.--As soon as
practicable after the date of enactment of this Act, the
Secretary shall file a map and legal description of the
Wilderness with--
(A) the Committee on Energy and Natural Resources of the
Senate; and
(B) the Committee on Natural Resources of the House of
Representatives.
(2) Force and effect.--
(A) In general.--The map and legal description filed under
paragraph (1) shall have the same force and effect as if
included in this subtitle, except that the Secretary may
correct any clerical or typographical error in the map or
legal description.
(B) Notification.--The Secretary shall submit to Congress
notice of any changes made in the map or legal description
under subparagraph (A), including notice of the reason for
the change.
(3) Public availability.--The map and legal description
filed under paragraph (1) shall be on file and available for
public inspection in the appropriate offices of the Bureau of
Land Management.
(c) Administration of Wilderness.--
(1) In general.--Subject to valid existing rights, the
Wilderness shall be administered by the Secretary in
accordance with the Wilderness Act (16 U.S.C. 1131 et seq.),
except that--
(A) any reference in the Wilderness Act to the effective
date of the Wilderness Act shall be considered to be a
reference to the date of enactment of this Act; and
(B) any reference in that Act to the Secretary of
Agriculture shall be considered to be a reference to the
Secretary of the Interior.
(2) Fire, insect, and disease management activities.--
Except as provided by Presidential Proclamation Number 7318,
dated June 9, 2000 (65 Fed. Reg. 37247), within the
wilderness areas designated by this subtitle, the Secretary
may take such measures in accordance with section 4(d)(1) of
the Wilderness Act (16 U.S.C. 1133(d)(1)) as are necessary to
control fire, insects, and diseases, subject to such terms
and conditions as the Secretary determines to be desirable
and appropriate.
(3) Livestock.--Except as provided in section 1402 and by
Presidential Proclamation Number 7318, dated June 9, 2000 (65
Fed. Reg. 37247), the grazing of livestock in the Wilderness,
if established before the date of enactment of this Act,
shall be permitted to continue subject to such reasonable
regulations as are considered necessary by the Secretary in
accordance with--
(A) section 4(d)(4) of the Wilderness Act (16 U.S.C.
1133(d)(4)); and
[[Page 8612]]
(B) the guidelines set forth in Appendix A of the report of
the Committee on Interior and Insular Affairs of the House of
Representatives accompanying H.R. 2570 of the 101st Congress
(H. Rept. 101-405).
(4) Fish and wildlife management.--In accordance with
section 4(d)(7) of the Wilderness Act (16 U.S.C. 1133(d)(7)),
nothing in this subtitle affects the jurisdiction of the
State with respect to fish and wildlife on public land in the
State.
(5) Incorporation of acquired land and interests.--Any land
or interest in land within the boundary of the Wilderness
that is acquired by the United States shall--
(A) become part of the Wilderness; and
(B) be managed in accordance with this subtitle, the
Wilderness Act (16 U.S.C. 1131 et seq.), and any other
applicable law.
SEC. 1406. EFFECT.
Nothing in this subtitle--
(1) affects the authority of a Federal agency to modify or
terminate grazing permits or leases, except as provided in
section 1402;
(2) authorizes the use of eminent domain;
(3) creates a property right in any grazing permit or lease
on Federal land;
(4) establishes a precedent for future grazing permit or
lease donation programs; or
(5) affects the allocation, ownership, interest, or
control, in existence on the date of enactment of this Act,
of any water, water right, or any other valid existing right
held by the United States, an Indian tribe, a State, or a
private individual, partnership, or corporation.
Subtitle F--Owyhee Public Land Management
SEC. 1501. DEFINITIONS.
In this subtitle:
(1) Account.--The term ``account'' means the Owyhee Land
Acquisition Account established by section 1505(b)(1).
(2) County.--The term ``County'' means Owyhee County,
Idaho.
(3) Owyhee front.--The term ``Owyhee Front'' means the area
of the County from Jump Creek on the west to Mud Flat Road on
the east and draining north from the crest of the Silver City
Range to the Snake River.
(4) Plan.--The term ``plan'' means a travel management plan
for motorized and mechanized off-highway vehicle recreation
prepared under section 1507.
(5) Public land.--The term ``public land'' has the meaning
given the term in section 103(e) of the Federal Land Policy
and Management Act of 1976 (43 U.S.C. 1702(e)).
(6) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(7) State.--The term ``State'' means the State of Idaho.
(8) Tribes.--The term ``Tribes'' means the Shoshone Paiute
Tribes of the Duck Valley Reservation.
SEC. 1502. OWYHEE SCIENCE REVIEW AND CONSERVATION CENTER.
(a) Establishment.--The Secretary, in coordination with the
Tribes, State, and County, and in consultation with the
University of Idaho, Federal grazing permittees, and public,
shall establish the Owyhee Science Review and Conservation
Center in the County to conduct research projects to address
natural resources management issues affecting public and
private rangeland in the County.
(b) Purpose.--The purpose of the center established under
subsection (a) shall be to facilitate the collection and
analysis of information to provide Federal and State
agencies, the Tribes, the County, private landowners, and the
public with information on improved rangeland management.
SEC. 1503. WILDERNESS AREAS.
(a) Wilderness Areas Designation.--
(1) In general.--In accordance with the Wilderness Act (16
U.S.C. 1131 et seq.), the following areas in the State are
designated as wilderness areas and as components of the
National Wilderness Preservation System:
(A) Big jacks creek wilderness.--Certain land comprising
approximately 52,826 acres, as generally depicted on the map
entitled ``Little Jacks Creek and Big Jacks Creek
Wilderness'' and dated May 5, 2008, which shall be known as
the ``Big Jacks Creek Wilderness''.
(B) Bruneau-jarbidge rivers wilderness.--Certain land
comprising approximately 89,996 acres, as generally depicted
on the map entitled ``Bruneau-Jarbidge Rivers Wilderness''
and dated December 15, 2008, which shall be known as the
``Bruneau-Jarbidge Rivers Wilderness''.
(C) Little jacks creek wilderness.--Certain land comprising
approximately 50,929 acres, as generally depicted on the map
entitled ``Little Jacks Creek and Big Jacks Creek
Wilderness'' and dated May 5, 2008, which shall be known as
the ``Little Jacks Creek Wilderness''.
(D) North fork owyhee wilderness.--Certain land comprising
approximately 43,413 acres, as generally depicted on the map
entitled ``North Fork Owyhee and Pole Creek Wilderness'' and
dated May 5, 2008, which shall be known as the ``North Fork
Owyhee Wilderness''.
(E) Owyhee river wilderness.--Certain land comprising
approximately 267,328 acres, as generally depicted on the map
entitled ``Owyhee River Wilderness'' and dated May 5, 2008,
which shall be known as the ``Owyhee River Wilderness''.
(F) Pole creek wilderness.--Certain land comprising
approximately 12,533 acres, as generally depicted on the map
entitled ``North Fork Owyhee and Pole Creek Wilderness'' and
dated May 5, 2008, which shall be known as the ``Pole Creek
Wilderness''.
(2) Maps and legal descriptions.--
(A) In general.--As soon as practicable after the date of
enactment of this Act, the Secretary shall submit to the
Committee on Energy and Natural Resources of the Senate and
the Committee on Natural Resources of the House of
Representatives a map and legal description for each area
designated as wilderness by this subtitle.
(B) Effect.--Each map and legal description submitted under
subparagraph (A) shall have the same force and effect as if
included in this subtitle, except that the Secretary may
correct minor errors in the map or legal description.
(C) Availability.--Each map and legal description submitted
under subparagraph (A) shall be available in the appropriate
offices of the Bureau of Land Management.
(3) Release of wilderness study areas.--
(A) In general.--Congress finds that, for the purposes of
section 603(c) of the Federal Land Policy and Management Act
of 1976 (43 U.S.C. 1782(c)), the public land in the County
administered by the Bureau of Land Management has been
adequately studied for wilderness designation.
(B) Release.--Any public land referred to in subparagraph
(A) that is not designated as wilderness by this subtitle--
(i) is no longer subject to section 603(c) of the Federal
Land Policy and Management Act of 1976 (43 U.S.C. 1782(c));
and
(ii) shall be managed in accordance with the applicable
land use plan adopted under section 202 of that Act (43
U.S.C. 1712).
(b) Administration.--
(1) In general.--Subject to valid existing rights, each
area designated as wilderness by this subtitle shall be
administered by the Secretary in accordance with the
Wilderness Act (16 U.S.C. 1131 et seq.), except that--
(A) any reference in that Act to the effective date shall
be considered to be a reference to the date of enactment of
this Act; and
(B) any reference in that Act to the Secretary of
Agriculture shall be considered to be a reference to the
Secretary of the Interior.
(2) Withdrawal.--Subject to valid existing rights, the
Federal land designated as wilderness by this subtitle is
withdrawn from all forms of--
(A) entry, appropriation, or disposal under the public land
laws;
(B) location, entry, and patent under the mining laws; and
(C) disposition under the mineral leasing, mineral
materials, and geothermal leasing laws.
(3) Livestock.--
(A) In general.--In the wilderness areas designated by this
subtitle, the grazing of livestock in areas in which grazing
is established as of the date of enactment of this Act shall
be allowed to continue, subject to such reasonable
regulations, policies, and practices as the Secretary
considers necessary, consistent with section 4(d)(4) of the
Wilderness Act (16 U.S.C. 1133(d)(4)) and the guidelines
described in Appendix A of House Report 101-405.
(B) Inventory.--Not later than 1 year after the date of
enactment of this Act, the Secretary shall conduct an
inventory of existing facilities and improvements associated
with grazing activities in the wilderness areas and wild and
scenic rivers designated by this subtitle.
(C) Fencing.--The Secretary may construct and maintain
fencing around wilderness areas designated by this subtitle
as the Secretary determines to be appropriate to enhance
wilderness values.
(D) Donation of grazing permits or leases.--
(i) Acceptance by secretary.--The Secretary shall accept
the donation of any valid existing permits or leases
authorizing grazing on public land, all or a portion of which
is within the wilderness areas designated by this subtitle.
(ii) Termination.--With respect to each permit or lease
donated under clause (i), the Secretary shall--
(I) terminate the grazing permit or lease; and
(II) except as provided in clause (iii), ensure a permanent
end to grazing on the land covered by the permit or lease.
(iii) Common allotments.--
(I) In general.--If the land covered by a permit or lease
donated under clause (i) is also covered by another valid
existing permit or lease that is not donated under clause
(i), the Secretary shall reduce the authorized grazing level
on the land covered by the permit or lease to reflect the
donation of the permit or lease under clause (i).
(II) Authorized level.--To ensure that there is a permanent
reduction in the level of grazing on the land covered by a
permit or lease donated under clause (i), the Secretary shall
not allow grazing use to exceed the authorized level
established under subclause (I).
(iv) Partial donation.--
(I) In general.--If a person holding a valid grazing permit
or lease donates less than the full amount of grazing use
authorized under the permit or lease, the Secretary shall--
(aa) reduce the authorized grazing level to reflect the
donation; and
(bb) modify the permit or lease to reflect the revised
level of use.
(II) Authorized level.--To ensure that there is a permanent
reduction in the authorized level of grazing on the land
covered by a permit or lease donated under subclause (I), the
Secretary shall not allow grazing use to exceed the
authorized level established under that subclause.
(4) Acquisition of land and interests in land.--
(A) In general.--Consistent with applicable law, the
Secretary may acquire land or interests in land within the
boundaries of the wilderness
[[Page 8613]]
areas designated by this subtitle by purchase, donation, or
exchange.
(B) Incorporation of acquired land.--Any land or interest
in land in, or adjoining the boundary of, a wilderness area
designated by this subtitle that is acquired by the United
States shall be added to, and administered as part of, the
wilderness area in which the acquired land or interest in
land is located.
(5) Trail plan.--
(A) In general.--The Secretary, after providing
opportunities for public comment, shall establish a trail
plan that addresses hiking and equestrian trails on the land
designated as wilderness by this subtitle, in a manner
consistent with the Wilderness Act (16 U.S.C. 1131 et seq.).
(B) Report.--Not later than 2 years after the date of
enactment of this Act, the Secretary shall submit to Congress
a report that describes the implementation of the trail plan.
(6) Outfitting and guide activities.--Consistent with
section 4(d)(5) of the Wilderness Act (16 U.S.C. 1133(d)(5)),
commercial services (including authorized outfitting and
guide activities) are authorized in wilderness areas
designated by this subtitle to the extent necessary for
activities that fulfill the recreational or other wilderness
purposes of the areas.
(7) Access to private property.--In accordance with section
5(a) of the Wilderness Act (16 U.S.C. 1134(a)), the Secretary
shall provide any owner of private property within the
boundary of a wilderness area designated by this subtitle
adequate access to the property.
(8) Fish and wildlife.--
(A) In general.--Nothing in this subtitle affects the
jurisdiction of the State with respect to fish and wildlife
on public land in the State.
(B) Management activities.--
(i) In general.--In furtherance of the purposes and
principles of the Wilderness Act (16 U.S.C. 1131 et seq.),
the Secretary may conduct any management activities that are
necessary to maintain or restore fish and wildlife
populations and habitats in the wilderness areas designated
by this subtitle, if the management activities are--
(I) consistent with relevant wilderness management plans;
and
(II) conducted in accordance with appropriate policies,
such as the policies established in Appendix B of House
Report 101-405.
(ii) Inclusions.--Management activities under clause (i)
may include the occasional and temporary use of motorized
vehicles, if the use, as determined by the Secretary, would
promote healthy, viable, and more naturally distributed
wildlife populations that would enhance wilderness values
while causing the minimum impact necessary to accomplish
those tasks.
(C) Existing activities.--Consistent with section 4(d)(1)
of the Wilderness Act (16 U.S.C. 1133(d)(1)) and in
accordance with appropriate policies, such as those
established in Appendix B of House Report 101-405, the State
may use aircraft (including helicopters) in the wilderness
areas designated by this subtitle to survey, capture,
transplant, monitor, and provide water for wildlife
populations, including bighorn sheep, and feral stock, feral
horses, and feral burros.
(9) Wildfire, insect, and disease management.--Consistent
with section 4(d)(1) of the Wilderness Act (16 U.S.C.
1133(d)(1)), the Secretary may take any measures that the
Secretary determines to be necessary to control fire,
insects, and diseases, including, as the Secretary determines
appropriate, the coordination of those activities with a
State or local agency.
(10) Adjacent management.--
(A) In general.--The designation of a wilderness area by
this subtitle shall not create any protective perimeter or
buffer zone around the wilderness area.
(B) Nonwilderness activities.--The fact that nonwilderness
activities or uses can be seen or heard from areas within a
wilderness area designated by this subtitle shall not
preclude the conduct of those activities or uses outside the
boundary of the wilderness area.
(11) Military overflights.--Nothing in this subtitle
restricts or precludes--
(A) low-level overflights of military aircraft over the
areas designated as wilderness by this subtitle, including
military overflights that can be seen or heard within the
wilderness areas;
(B) flight testing and evaluation; or
(C) the designation or creation of new units of special use
airspace, or the establishment of military flight training
routes, over the wilderness areas.
(12) Water rights.--
(A) In general.--The designation of areas as wilderness by
subsection (a) shall not create an express or implied
reservation by the United States of any water or water rights
for wilderness purposes with respect to such areas.
(B) Exclusions.--This paragraph does not apply to any
components of the National Wild and Scenic Rivers System
designated by section 1504.
SEC. 1504. DESIGNATION OF WILD AND SCENIC RIVERS.
(a) In General.--Section 3(a) of the Wild and Scenic Rivers
Act (16 U.S.C. 1274(a)) (as amended by section 1203(a)(1)) is
amended by adding at the end the following:
``(180) Battle creek, idaho.--The 23.4 miles of Battle
Creek from the confluence of the Owyhee River to the upstream
boundary of the Owyhee River Wilderness, to be administered
by the Secretary of the Interior as a wild river.
``(181) Big jacks creek, idaho.--The 35.0 miles of Big
Jacks Creek from the downstream border of the Big Jacks Creek
Wilderness in sec. 8, T. 8 S., R. 4 E., to the point at which
it enters the NW \1/4\ of sec. 26, T. 10 S., R. 2 E., Boise
Meridian, to be administered by the Secretary of the Interior
as a wild river.
``(182) Bruneau river, idaho.--
``(A) In general.--Except as provided in subparagraph (B),
the 39.3-mile segment of the Bruneau River from the
downstream boundary of the Bruneau-Jarbidge Wilderness to the
upstream confluence with the west fork of the Bruneau River,
to be administered by the Secretary of the Interior as a wild
river.
``(B) Exception.--Notwithstanding subparagraph (A), the
0.6-mile segment of the Bruneau River at the Indian Hot
Springs public road access shall be administered by the
Secretary of the Interior as a recreational river.
``(183) West fork bruneau river, idaho.--The approximately
0.35 miles of the West Fork of the Bruneau River from the
confluence with the Jarbidge River to the downstream boundary
of the Bruneau Canyon Grazing Allotment in the SE/NE of sec.
5, T. 13 S., R. 7 E., Boise Meridian, to be administered by
the Secretary of the Interior as a wild river.
``(184) Cottonwood creek, idaho.--The 2.6 miles of
Cottonwood Creek from the confluence with Big Jacks Creek to
the upstream boundary of the Big Jacks Creek Wilderness, to
be administered by the Secretary of the Interior as a wild
river.
``(185) Deep creek, idaho.--The 13.1-mile segment of Deep
Creek from the confluence with the Owyhee River to the
upstream boundary of the Owyhee River Wilderness in sec. 30,
T. 12 S., R. 2 W., Boise Meridian, to be administered by the
Secretary of the Interior as a wild river.
``(186) Dickshooter creek, idaho.--The 9.25 miles of
Dickshooter Creek from the confluence with Deep Creek to a
point on the stream \1/4\ mile due west of the east boundary
of sec. 16, T. 12 S., R. 2 W., Boise Meridian, to be
administered by the Secretary of the Interior as a wild
river.
``(187) Duncan creek, idaho.--The 0.9-mile segment of
Duncan Creek from the confluence with Big Jacks Creek
upstream to the east boundary of sec. 18, T. 10 S., R. 4 E.,
Boise Meridian, to be administered by the Secretary of the
Interior as a wild river.
``(188) Jarbidge river, idaho.--The 28.8 miles of the
Jarbidge River from the confluence with the West Fork Bruneau
River to the upstream boundary of the Bruneau-Jarbidge Rivers
Wilderness, to be administered by the Secretary of the
Interior as a wild river.
``(189) Little jacks creek, idaho.--The 12.4 miles of
Little Jacks Creek from the downstream boundary of the Little
Jacks Creek Wilderness, upstream to the mouth of OX Prong
Creek, to be administered by the Secretary of the Interior as
a wild river.
``(190) North fork owyhee river, idaho.--The following
segments of the North Fork of the Owyhee River, to be
administered by the Secretary of the Interior:
``(A) The 5.7-mile segment from the Idaho-Oregon State
border to the upstream boundary of the private land at the
Juniper Mt. Road crossing, as a recreational river.
``(B) The 15.1-mile segment from the upstream boundary of
the North Fork Owyhee River recreational segment designated
in paragraph (A) to the upstream boundary of the North Fork
Owyhee River Wilderness, as a wild river.
``(191) Owyhee river, idaho.--
``(A) In general.--Subject to subparagraph (B), the 67.3
miles of the Owyhee River from the Idaho-Oregon State border
to the upstream boundary of the Owyhee River Wilderness, to
be administered by the Secretary of the Interior as a wild
river.
``(B) Access.--The Secretary of the Interior shall allow
for continued access across the Owyhee River at Crutchers
Crossing, subject to such terms and conditions as the
Secretary of the Interior determines to be necessary.
``(192) Red canyon, idaho.--The 4.6 miles of Red Canyon
from the confluence of the Owyhee River to the upstream
boundary of the Owyhee River Wilderness, to be administered
by the Secretary of the Interior as a wild river.
``(193) Sheep creek, idaho.--The 25.6 miles of Sheep Creek
from the confluence with the Bruneau River to the upstream
boundary of the Bruneau-Jarbidge Rivers Wilderness, to be
administered by the Secretary of the Interior as a wild
river.
``(194) South fork owyhee river, idaho.--
``(A) In general.--Except as provided in subparagraph (B),
the 31.4-mile segment of the South Fork of the Owyhee River
upstream from the confluence with the Owyhee River to the
upstream boundary of the Owyhee River Wilderness at the
Idaho-Nevada State border, to be administered by the
Secretary of the Interior as a wild river.
``(B) Exception.--Notwithstanding subparagraph (A), the
1.2-mile segment of the South Fork of the Owyhee River from
the point at which the river enters the southernmost boundary
to the point at which the river exits the northernmost
boundary of private land in sec. 25 and 26, T. 14 S., R. 5
W., Boise Meridian, shall be administered by the Secretary of
the Interior as a recreational river.
``(195) Wickahoney creek, idaho.--The 1.5 miles of
Wickahoney Creek from the confluence of Big Jacks Creek to
the upstream boundary of the Big Jacks Creek Wilderness, to
be administered by the Secretary of the Interior as a wild
river.''.
(b) Boundaries.--Notwithstanding section 3(b) of the Wild
and Scenic Rivers Act (16 U.S.C. 1274(b)), the boundary of a
river segment designated as a component of the National Wild
and Scenic Rivers System under this subtitle shall extend not
more than the shorter of--
(1) an average distance of \1/4\ mile from the high water
mark on both sides of the river segment; or
[[Page 8614]]
(2) the distance to the nearest confined canyon rim.
(c) Land Acquisition.--The Secretary shall not acquire any
private land within the exterior boundary of a wild and
scenic river corridor without the consent of the owner.
SEC. 1505. LAND IDENTIFIED FOR DISPOSAL.
(a) In General.--Consistent with applicable law, the
Secretary may sell public land located within the Boise
District of the Bureau of Land Management that, as of July
25, 2000, has been identified for disposal in appropriate
resource management plans.
(b) Use of Proceeds.--
(1) In general.--Notwithstanding any other provision of law
(other than a law that specifically provides for a proportion
of the proceeds of a land sale to be distributed to any trust
fund of the State), proceeds from the sale of public land
under subsection (a) shall be deposited in a separate account
in the Treasury of the United States to be known as the
``Owyhee Land Acquisition Account''.
(2) Availability.--
(A) In general.--Amounts in the account shall be available
to the Secretary, without further appropriation, to purchase
land or interests in land in, or adjacent to, the wilderness
areas designated by this subtitle, including land identified
as ``Proposed for Acquisition'' on the maps described in
section 1503(a)(1).
(B) Applicable law.--Any purchase of land or interest in
land under subparagraph (A) shall be in accordance with
applicable law.
(3) Applicability.--This subsection applies to public land
within the Boise District of the Bureau of Land Management
sold on or after January 1, 2008.
(4) Additional amounts.--If necessary, the Secretary may
use additional amounts appropriated to the Department of the
Interior, subject to applicable reprogramming guidelines.
(c) Termination of Authority.--
(1) In general.--The authority provided under this section
terminates on the earlier of--
(A) the date that is 10 years after the date of enactment
of this Act; or
(B) the date on which a total of $8,000,000 from the
account is expended.
(2) Availability of amounts.--Any amounts remaining in the
account on the termination of authority under this section
shall be--
(A) credited as sales of public land in the State;
(B) transferred to the Federal Land Disposal Account
established under section 206(a) of the Federal Land
Transaction Facilitation Act (43 U.S.C. 2305(a)); and
(C) used in accordance with that subtitle.
SEC. 1506. TRIBAL CULTURAL RESOURCES.
(a) Coordination.--The Secretary shall coordinate with the
Tribes in the implementation of the Shoshone Paiute Cultural
Resource Protection Plan.
(b) Agreements.--The Secretary shall seek to enter into
agreements with the Tribes to implement the Shoshone Paiute
Cultural Resource Protection Plan to protect cultural sites
and resources important to the continuation of the traditions
and beliefs of the Tribes.
SEC. 1507. RECREATIONAL TRAVEL MANAGEMENT PLANS.
(a) In General.--In accordance with the Federal Land Policy
and Management Act of 1976 (43 U.S.C. 1701 et seq.), the
Secretary shall, in coordination with the Tribes, State, and
County, prepare 1 or more travel management plans for
motorized and mechanized off-highway vehicle recreation for
the land managed by the Bureau of Land Management in the
County.
(b) Inventory.--Before preparing the plan under subsection
(a), the Secretary shall conduct resource and route
inventories of the area covered by the plan.
(c) Limitation to Designated Routes.--
(1) In general.--Except as provided in paragraph (2), the
plan shall limit recreational motorized and mechanized off-
highway vehicle use to a system of designated roads and
trails established by the plan.
(2) Exception.--Paragraph (1) shall not apply to
snowmobiles.
(d) Temporary Limitation.--
(1) In general.--Except as provided in paragraph (2), until
the date on which the Secretary completes the plan, all
recreational motorized and mechanized off-highway vehicle use
shall be limited to roads and trails lawfully in existence on
the day before the date of enactment of this Act.
(2) Exception.--Paragraph (1) shall not apply to--
(A) snowmobiles; or
(B) areas specifically identified as open, closed, or
limited in the Owyhee Resource Management Plan.
(e) Schedule.--
(1) Owyhee front.--It is the intent of Congress that, not
later than 1 year after the date of enactment of this Act,
the Secretary shall complete a transportation plan for the
Owyhee Front.
(2) Other bureau of land management land in the county.--It
is the intent of Congress that, not later than 3 years after
the date of enactment of this Act, the Secretary shall
complete a transportation plan for Bureau of Land Management
land in the County outside the Owyhee Front.
SEC. 1508. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as are
necessary to carry out this subtitle.
Subtitle G--Sabinoso Wilderness, New Mexico
SEC. 1601. DEFINITIONS.
In this subtitle:
(1) Map.--The term ``map'' means the map entitled
``Sabinoso Wilderness'' and dated September 8, 2008.
(2) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(3) State.--The term ``State'' means the State of New
Mexico.
SEC. 1602. DESIGNATION OF THE SABINOSO WILDERNESS.
(a) In General.--In furtherance of the purposes of the
Wilderness Act (16 U.S.C. 1131 et seq.), the approximately
16,030 acres of land under the jurisdiction of the Taos Field
Office Bureau of Land Management, New Mexico, as generally
depicted on the map, is designated as wilderness and as a
component of the National Wilderness Preservation System, to
be known as the ``Sabinoso Wilderness''.
(b) Map and Legal Description.--
(1) In general.--As soon as practicable after the date of
enactment of this Act, the Secretary shall file a map and a
legal description of the Sabinoso Wilderness with--
(A) the Committee on Energy and Natural Resources of the
Senate; and
(B) the Committee on Natural Resources of the House of
Representatives.
(2) Force of law.--The map and legal description filed
under paragraph (1) shall have the same force and effect as
if included in this subtitle, except that the Secretary may
correct any clerical and typographical errors in the map and
legal description.
(3) Public availability.--The map and legal description
filed under paragraph (1) shall be on file and available for
public inspection in the appropriate offices of the Bureau of
Land Management.
(c) Administration of Wilderness.--
(1) In general.--Subject to valid existing rights, the
Sabinoso Wilderness shall be administered by the Secretary in
accordance with this subtitle and the Wilderness Act (16
U.S.C. 1131 et seq.), except that--
(A) any reference in the Wilderness Act to the effective
date of that Act shall be considered to be a reference to the
date of enactment of this Act; and
(B) any reference in the Wilderness Act to the Secretary of
Agriculture shall be considered to be a reference to the
Secretary of the Interior.
(2) Incorporation of acquired land and interests.--Any land
or interest in land within the boundary of the Sabinoso
Wilderness that is acquired by the United States shall--
(A) become part of the Sabinoso Wilderness; and
(B) be managed in accordance with this subtitle and any
other laws applicable to the Sabinoso Wilderness.
(3) Grazing.--The grazing of livestock in the Sabinoso
Wilderness, if established before the date of enactment of
this Act, shall be administered in accordance with--
(A) section 4(d)(4) of the Wilderness Act (16 U.S.C.
1133(d)(4)); and
(B) the guidelines set forth in Appendix A of the report of
the Committee on Interior and Insular Affairs of the House of
Representatives accompanying H.R. 2570 of the 101st Congress
(H. Rept. 101-405).
(4) Fish and wildlife.--In accordance with section 4(d)(7)
of the Wilderness Act (16 U.S.C. 1133(d)(7)), nothing in this
subtitle affects the jurisdiction of the State with respect
to fish and wildlife in the State.
(5) Access.--
(A) In general.--In accordance with section 5(a) of the
Wilderness Act (16 U.S.C. 1134(a)), the Secretary shall
continue to allow private landowners adequate access to
inholdings in the Sabinoso Wilderness.
(B) Certain land.--For access purposes, private land within
T. 16 N., R. 23 E., secs. 17 and 20 and the N\1/2\ of sec.
21, N.M.M., shall be managed as an inholding in the Sabinoso
Wilderness.
(d) Withdrawal.--Subject to valid existing rights, the land
generally depicted on the map as ``Lands Withdrawn From
Mineral Entry'' and ``Lands Released From Wilderness Study
Area & Withdrawn From Mineral Entry'' is withdrawn from--
(1) all forms of entry, appropriation, and disposal under
the public land laws, except disposal by exchange in
accordance with section 206 of the Federal Land Policy and
Management Act of 1976 (43 U.S.C. 1716);
(2) location, entry, and patent under the mining laws; and
(3) operation of the mineral materials and geothermal
leasing laws.
(e) Release of Wilderness Study Areas.--Congress finds
that, for the purposes of section 603(c) of the Federal Land
Policy and Management Act of 1976 (43 U.S.C. 1782(c)), the
public lands within the Sabinoso Wilderness Study Area not
designated as wilderness by this subtitle--
(1) have been adequately studied for wilderness designation
and are no longer subject to section 603(c) of the Federal
Land Policy and Management Act of 1976 (43 U.S.C. 1782(c));
and
(2) shall be managed in accordance with applicable law
(including subsection (d)) and the land use management plan
for the surrounding area.
Subtitle H--Pictured Rocks National Lakeshore Wilderness
SEC. 1651. DEFINITIONS.
In this subtitle:
(1) Line of demarcation.--The term ``line of demarcation''
means the point on the bank or shore at which the surface
waters of Lake Superior meet the land or sand beach,
regardless of the level of Lake Superior.
[[Page 8615]]
(2) Map.--The term ``map'' means the map entitled
``Pictured Rocks National Lakeshore Beaver Basin Wilderness
Boundary'', numbered 625/80,051, and dated April 16, 2007.
(3) National lakeshore.--The term ``National Lakeshore''
means the Pictured Rocks National Lakeshore.
(4) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(5) Wilderness.--The term ``Wilderness'' means the Beaver
Basin Wilderness designated by section 1652(a).
SEC. 1652. DESIGNATION OF BEAVER BASIN WILDERNESS.
(a) In General.--In accordance with the Wilderness Act (16
U.S.C. 1131 et seq.), the land described in subsection (b) is
designated as wilderness and as a component of the National
Wilderness Preservation System, to be known as the ``Beaver
Basin Wilderness''.
(b) Description of Land.--The land referred to in
subsection (a) is the land and inland water comprising
approximately 11,740 acres within the National Lakeshore, as
generally depicted on the map.
(c) Boundary.--
(1) Line of demarcation.--The line of demarcation shall be
the boundary for any portion of the Wilderness that is
bordered by Lake Superior.
(2) Surface water.--The surface water of Lake Superior,
regardless of the fluctuating lake level, shall be considered
to be outside the boundary of the Wilderness.
(d) Map and Legal Description.--
(1) Availability of map.--The map shall be on file and
available for public inspection in the appropriate offices of
the National Park Service.
(2) Legal description.--As soon as practicable after the
date of enactment of this Act, the Secretary shall submit to
the Committee on Energy and Natural Resources of the Senate
and the Committee on Natural Resources of the House of
Representatives a legal description of the boundary of the
Wilderness.
(3) Force and effect.--The map and the legal description
submitted under paragraph (2) shall have the same force and
effect as if included in this subtitle, except that the
Secretary may correct any clerical or typographical errors in
the map and legal description.
SEC. 1653. ADMINISTRATION.
(a) Management.--Subject to valid existing rights, the
Wilderness shall be administered by the Secretary in
accordance with the Wilderness Act (16 U.S.C. 1131 et seq.),
except that--
(1) any reference in that Act to the effective date of that
Act shall be considered to be a reference to the date of
enactment of this Act; and
(2) with respect to land administered by the Secretary, any
reference in that Act to the Secretary of Agriculture shall
be considered to be a reference to the Secretary.
(b) Use of Electric Motors.--The use of boats powered by
electric motors on Little Beaver and Big Beaver Lakes may
continue, subject to any applicable laws (including
regulations).
SEC. 1654. EFFECT.
Nothing in this subtitle--
(1) modifies, alters, or affects any treaty rights;
(2) alters the management of the water of Lake Superior
within the boundary of the Pictured Rocks National Lakeshore
in existence on the date of enactment of this Act; or
(3) prohibits--
(A) the use of motors on the surface water of Lake Superior
adjacent to the Wilderness; or
(B) the beaching of motorboats at the line of demarcation.
Subtitle I--Oregon Badlands Wilderness
SEC. 1701. DEFINITIONS.
In this subtitle:
(1) District.--The term ``District'' means the Central
Oregon Irrigation District.
(2) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(3) State.--The term ``State'' means the State of Oregon.
(4) Wilderness map.--The term ``wilderness map'' means the
map entitled ``Badlands Wilderness'' and dated September 3,
2008.
SEC. 1702. OREGON BADLANDS WILDERNESS.
(a) Designation.--In accordance with the Wilderness Act (16
U.S.C. 1131 et seq.), the approximately 29,301 acres of
Bureau of Land Management land in the State, as generally
depicted on the wilderness map, is designated as wilderness
and as a component of the National Wilderness Preservation
System, to be known as the ``Oregon Badlands Wilderness''.
(b) Administration of Wilderness.--
(1) In general.--Subject to valid existing rights, the
Oregon Badlands Wilderness shall be administered by the
Secretary in accordance with the Wilderness Act (16 U.S.C.
1131 et seq.), except that--
(A) any reference in the Wilderness Act to the effective
date of that Act shall be considered to be a reference to the
date of enactment of this Act; and
(B) any reference in the Wilderness Act to the Secretary of
Agriculture shall be considered to be a reference to the
Secretary of the Interior.
(2) Incorporation of acquired land and interests.--Any land
or interest in land within the boundary of the Oregon
Badlands Wilderness that is acquired by the United States
shall--
(A) become part of the Oregon Badlands Wilderness; and
(B) be managed in accordance with this subtitle, the
Wilderness Act (16 U.S.C. 1131 et seq.), and any other
applicable law.
(3) Grazing.--The grazing of livestock in the Oregon
Badlands Wilderness, if established before the date of
enactment of this Act, shall be permitted to continue subject
to such reasonable regulations as are considered necessary by
the Secretary in accordance with--
(A) section 4(d)(4) of the Wilderness Act (16 U.S.C.
1133(d)(4)); and
(B) the guidelines set forth in Appendix A of the report of
the Committee on Interior and Insular Affairs of the House of
Representatives accompanying H.R. 2570 of the 101st Congress
(H. Rept. 101-405).
(4) Access to private property.--In accordance with section
5(a) of the Wilderness Act (16 U.S.C. 1134(a)), the Secretary
shall provide any owner of private property within the
boundary of the Oregon Badlands Wilderness adequate access to
the property.
(c) Potential Wilderness.--
(1) In general.--In furtherance of the purposes of the
Wilderness Act (16 U.S.C. 1131 et seq.), a corridor of
certain Federal land managed by the Bureau of Land Management
with a width of 25 feet, as generally depicted on the
wilderness map as ``Potential Wilderness'', is designated as
potential wilderness.
(2) Interim management.--The potential wilderness
designated by paragraph (1) shall be managed in accordance
with the Wilderness Act (16 U.S.C. 1131 et seq.), except that
the Secretary may allow nonconforming uses that are
authorized and in existence on the date of enactment of this
Act to continue in the potential wilderness.
(3) Designation as wilderness.--On the date on which the
Secretary publishes in the Federal Register notice that any
nonconforming uses in the potential wilderness designated by
paragraph (1) that are permitted under paragraph (2) have
terminated, the potential wilderness shall be--
(A) designated as wilderness and as a component of the
National Wilderness Preservation System; and
(B) incorporated into the Oregon Badlands Wilderness.
(d) Map and Legal Description.--
(1) In general.--As soon as practicable after the date of
enactment of this Act, the Secretary shall file a map and
legal description of the Oregon Badlands Wilderness with--
(A) the Committee on Energy and Natural Resources of the
Senate; and
(B) the Committee on Natural Resources of the House of
Representatives.
(2) Force of law.--The map and legal description filed
under paragraph (1) shall have the same force and effect as
if included in this subtitle, except that the Secretary may
correct typographical errors in the map and legal
description.
(3) Public availability.--The map and legal description
filed under paragraph (1) shall be on file and available for
public inspection in the appropriate offices of the Bureau of
Land Management.
SEC. 1703. RELEASE.
(a) Finding.--Congress finds that, for the purposes of
section 603(c) of the Federal Land Policy and Management Act
of 1976 (43 U.S.C. 1782(c)), the portions of the Badlands
wilderness study area that are not designated as the Oregon
Badlands Wilderness or as potential wilderness have been
adequately studied for wilderness or potential wilderness
designation.
(b) Release.--Any public land described in subsection (a)
that is not designated as wilderness by this subtitle--
(1) is no longer subject to section 603(c) of the Federal
Land Policy and Management Act of 1976 (43 U.S.C. 1782(c));
and
(2) shall be managed in accordance with the applicable land
use plan adopted under section 202 of that Act (43 U.S.C.
1712).
SEC. 1704. LAND EXCHANGES.
(a) Clarno Land Exchange.--
(1) Conveyance of land.--Subject to subsections (c) through
(e), if the landowner offers to convey to the United States
all right, title, and interest of the landowner in and to the
non-Federal land described in paragraph (2)(A), the Secretary
shall--
(A) accept the offer; and
(B) on receipt of acceptable title to the non-Federal land,
convey to the Landowner all right, title, and interest of the
United States in and to the Federal land described in
paragraph (2)(B).
(2) Description of land.--
(A) Non-federal land.--The non-Federal land referred to in
paragraph (1) is the approximately 239 acres of non-Federal
land identified on the wilderness map as ``Clarno to Federal
Government''.
(B) Federal land.--The Federal land referred to in
paragraph (1)(B) is the approximately 209 acres of Federal
land identified on the wilderness map as ``Federal Government
to Clarno''.
(3) Surveys.--The exact acreage and legal description of
the Federal land and non-Federal land described in paragraph
(2) shall be determined by surveys approved by the Secretary.
(b) District Exchange.--
(1) Conveyance of land.--Subject to subsections (c) through
(e), if the District offers to convey to the United States
all right, title, and interest of the District in and to the
non-Federal land described in paragraph (2)(A), the Secretary
shall--
(A) accept the offer; and
(B) on receipt of acceptable title to the non-Federal land,
convey to the District all right, title, and interest of the
United States in and to the Federal land described in
paragraph (2)(B).
(2) Description of land.--
(A) Non-federal land.--The non-Federal land referred to in
paragraph (1) is the approximately 527 acres of non-Federal
land identified
[[Page 8616]]
on the wilderness map as ``COID to Federal Government''.
(B) Federal land.--The Federal land referred to in
paragraph (1)(B) is the approximately 697 acres of Federal
land identified on the wilderness map as ``Federal Government
to COID''.
(3) Surveys.--The exact acreage and legal description of
the Federal land and non-Federal land described in paragraph
(2) shall be determined by surveys approved by the Secretary.
(c) Applicable Law.--Except as otherwise provided in this
section, the Secretary shall carry out the land exchanges
under this section in accordance with section 206 of the
Federal Land Policy and Management Act of 1976 (43 U.S.C.
1716).
(d) Valuation, Appraisals, and Equalization.--
(1) In general.--The value of the Federal land and the non-
Federal land to be conveyed in a land exchange under this
section--
(A) shall be equal, as determined by appraisals conducted
in accordance with paragraph (2); or
(B) if not equal, shall be equalized in accordance with
paragraph (3).
(2) Appraisals.--
(A) In general.--The Federal land and the non-Federal land
to be exchanged under this section shall be appraised by an
independent, qualified appraiser that is agreed to by the
Secretary and the owner of the non-Federal land to be
exchanged.
(B) Requirements.--An appraisal under subparagraph (A)
shall be conducted in accordance with--
(i) the Uniform Appraisal Standards for Federal Land
Acquisitions; and
(ii) the Uniform Standards of Professional Appraisal
Practice.
(3) Equalization.--
(A) In general.--If the value of the Federal land and the
non-Federal land to be conveyed in a land exchange under this
section is not equal, the value may be equalized by--
(i) making a cash equalization payment to the Secretary or
to the owner of the non-Federal land, as appropriate, in
accordance with section 206(b) of the Federal Land Policy and
Management Act of 1976 (43 U.S.C. 1716(b)); or
(ii) reducing the acreage of the Federal land or the non-
Federal land to be exchanged, as appropriate.
(B) Cash equalization payments.--Any cash equalization
payments received by the Secretary under subparagraph (A)(i)
shall be--
(i) deposited in the Federal Land Disposal Account
established by section 206(a) of the Federal Land Transaction
Facilitation Act (43 U.S.C. 2305(a)); and
(ii) used in accordance with that Act.
(e) Conditions of Exchange.--
(1) In general.--The land exchanges under this section
shall be subject to such terms and conditions as the
Secretary may require.
(2) Costs.--As a condition of a conveyance of Federal land
and non-Federal land under this section, the Federal
Government and the owner of the non-Federal land shall
equally share all costs relating to the land exchange,
including the costs of appraisals, surveys, and any necessary
environmental clearances.
(3) Valid existing rights.--The exchange of Federal land
and non-Federal land under this section shall be subject to
any easements, rights-of-way, and other valid rights in
existence on the date of enactment of this Act.
(f) Completion of Land Exchange.--It is the intent of
Congress that the land exchanges under this section shall be
completed not later than 2 years after the date of enactment
of this Act.
SEC. 1705. PROTECTION OF TRIBAL TREATY RIGHTS.
Nothing in this subtitle alters, modifies, enlarges,
diminishes, or abrogates the treaty rights of any Indian
tribe, including the off-reservation reserved rights secured
by the Treaty with the Tribes and Bands of Middle Oregon of
June 25, 1855 (12 Stat. 963).
Subtitle J--Spring Basin Wilderness, Oregon
SEC. 1751. DEFINITIONS.
In this subtitle:
(1) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(2) State.--The term ``State'' means the State of Oregon.
(3) Tribes.--The term ``Tribes'' means the Confederated
Tribes of the Warm Springs Reservation of Oregon.
(4) Wilderness map.--The term ``wilderness map'' means the
map entitled ``Spring Basin Wilderness with Land Exchange
Proposals'' and dated September 3, 2008.
SEC. 1752. SPRING BASIN WILDERNESS.
(a) Designation.--In accordance with the Wilderness Act (16
U.S.C. 1131 et seq.), the approximately 6,382 acres of Bureau
of Land Management land in the State, as generally depicted
on the wilderness map, is designated as wilderness and as a
component of the National Wilderness Preservation System, to
be known as the ``Spring Basin Wilderness''.
(b) Administration of Wilderness.--
(1) In general.--Subject to valid existing rights, the
Spring Basin Wilderness shall be administered by the
Secretary in accordance with the Wilderness Act (16 U.S.C.
1131 et seq.), except that--
(A) any reference in the Wilderness Act to the effective
date of that Act shall be considered to be a reference to the
date of enactment of this Act; and
(B) any reference in the Wilderness Act to the Secretary of
Agriculture shall be considered to be a reference to the
Secretary of the Interior.
(2) Incorporation of acquired land and interests.--Any land
or interest in land within the boundary of the Spring Basin
Wilderness that is acquired by the United States shall--
(A) become part of the Spring Basin Wilderness; and
(B) be managed in accordance with this Act, the Wilderness
Act (16 U.S.C. 1131 et seq.), and any other applicable law.
(3) Grazing.--The grazing of livestock in the Spring Basin
Wilderness, if established before the date of enactment of
this Act, shall be permitted to continue subject to such
reasonable regulations as are considered necessary by the
Secretary, in accordance with--
(A) section 4(d)(4) of the Wilderness Act (16 U.S.C.
1133(d)(4)); and
(B) the guidelines set forth in Appendix A of the report of
the Committee on Interior and Insular Affairs of the House of
Representatives accompanying H.R. 2570 of the 101st Congress
(H. Rept. 101-405).
(c) Map and Legal Description.--
(1) In general.--As soon as practicable after the date of
enactment of this Act, the Secretary shall file a map and a
legal description of the Spring Basin Wilderness with--
(A) the Committee on Energy and Natural Resources of the
Senate; and
(B) the Committee on Natural Resources of the House of
Representatives.
(2) Force of law.--The map and legal description filed
under paragraph (1) shall have the same force and effect as
if included in this section, except that the Secretary may
correct any typographical errors in the map and legal
description.
(3) Public availability.--The map and legal description
filed under paragraph (1) shall be on file and available for
public inspection in the appropriate offices of the Bureau of
Land Management.
SEC. 1753. RELEASE.
(a) Finding.--Congress finds that, for the purposes of
section 603(c) of the Federal Land Policy and Management Act
of 1976 (43 U.S.C. 1782(c)), the portions of the Spring Basin
wilderness study area that are not designated by section
1752(a) as the Spring Basin Wilderness in the following areas
have been adequately studied for wilderness designation:
(1) T. 8 S., R. 19 E., sec. 10, NE \1/4\, W \1/2\.
(2) T. 8 S., R.19 E., sec. 25, SE \1/4\, SE \1/4\.
(3) T. 8 S., R. 20 E., sec. 19, SE \1/4\, S \1/2\ of the S
\1/2\.
(b) Release.--Any public land described in subsection (a)
that is not designated as wilderness by this subtitle--
(1) is no longer subject to section 603(c) of the Federal
Land Policy and Management Act of 1976 (43 U.S.C. 1782(c));
and
(2) shall be managed in accordance with the applicable land
use plan adopted under section 202 of that Act (43 U.S.C.
1712).
SEC. 1754. LAND EXCHANGES.
(a) Confederated Tribes of the Warm Springs Reservation
Land Exchange.--
(1) Conveyance of land.--Subject to subsections (e) through
(g), if the Tribes offer to convey to the United States all
right, title, and interest of the Tribes in and to the non-
Federal land described in paragraph (2)(A), the Secretary
shall--
(A) accept the offer; and
(B) on receipt of acceptable title to the non-Federal land,
convey to the Tribes all right, title, and interest of the
United States in and to the Federal land described in
paragraph (2)(B).
(2) Description of land.--
(A) Non-federal land.--The non-Federal land referred to in
paragraph (1) is the approximately 4,480 acres of non-Federal
land identified on the wilderness map as ``Lands proposed for
transfer from the CTWSIR to the Federal Government''.
(B) Federal land.--The Federal land referred to in
paragraph (1)(B) is the approximately 4,578 acres of Federal
land identified on the wilderness map as ``Lands proposed for
transfer from the Federal Government to CTWSIR''.
(3) Surveys.--The exact acreage and legal description of
the Federal land and non-Federal land described in paragraph
(2) shall be determined by surveys approved by the Secretary.
(4) Withdrawal.--Subject to valid existing rights, the land
acquired by the Secretary under this subsection is withdrawn
from all forms of--
(A) entry, appropriation, or disposal under the public land
laws;
(B) location, entry, and patent under the mining laws; and
(C) disposition under any law relating to mineral and
geothermal leasing or mineral materials.
(b) McGreer Land Exchange.--
(1) Conveyance of land.--Subject to subsections (e) through
(g), if the landowner offers to convey to the United States
all right, title, and interest of the landowner in and to the
non-Federal land described in paragraph (2)(A), the Secretary
shall--
(A) accept the offer; and
(B) on receipt of acceptable title to the non-Federal land,
convey to the landowner all right, title, and interest of the
United States in and to the Federal land described in
paragraph (2)(B).
(2) Description of land.--
(A) Non-federal land.--The non-Federal land referred to in
paragraph (1) is the approximately 18 acres of non-Federal
land identified on the wilderness map as ``Lands proposed for
transfer from McGreer to the Federal Government''.
(B) Federal land.--The Federal land referred to in
paragraph (1)(B) is the approximately 327 acres of Federal
land identified on the wilderness map as ``Lands proposed for
transfer from the Federal Government to McGreer''.
[[Page 8617]]
(3) Surveys.--The exact acreage and legal description of
the Federal land and non-Federal land described in paragraph
(2) shall be determined by surveys approved by the Secretary.
(c) Keys Land Exchange.--
(1) Conveyance of land.--Subject to subsections (e) through
(g), if the landowner offers to convey to the United States
all right, title, and interest of the landowner in and to the
non-Federal land described in paragraph (2)(A), the Secretary
shall--
(A) accept the offer; and
(B) on receipt of acceptable title to the non-Federal land,
convey to the landowner all right, title, and interest of the
United States in and to the Federal land described in
paragraph (2)(B).
(2) Description of land.--
(A) Non-federal land.--The non-Federal land referred to in
paragraph (1) is the approximately 180 acres of non-Federal
land identified on the wilderness map as ``Lands proposed for
transfer from Keys to the Federal Government''.
(B) Federal land.--The Federal land referred to in
paragraph (1)(B) is the approximately 187 acres of Federal
land identified on the wilderness map as ``Lands proposed for
transfer from the Federal Government to Keys''.
(3) Surveys.--The exact acreage and legal description of
the Federal land and non-Federal land described in paragraph
(2) shall be determined by surveys approved by the Secretary.
(d) Bowerman Land Exchange.--
(1) Conveyance of land.--Subject to subsections (e) through
(g), if the landowner offers to convey to the United States
all right, title, and interest of the landowner in and to the
non-Federal land described in paragraph (2)(A), the Secretary
shall--
(A) accept the offer; and
(B) on receipt of acceptable title to the non-Federal land,
convey to the landowner all right, title, and interest of the
United States in and to the Federal land described in
paragraph (2)(B).
(2) Description of land.--
(A) Non-federal land.--The non-Federal land referred to in
paragraph (1) is the approximately 32 acres of non-Federal
land identified on the wilderness map as ``Lands proposed for
transfer from Bowerman to the Federal Government''.
(B) Federal land.--The Federal land referred to in
paragraph (1)(B) is the approximately 24 acres of Federal
land identified on the wilderness map as ``Lands proposed for
transfer from the Federal Government to Bowerman''.
(3) Surveys.--The exact acreage and legal description of
the Federal land and non-Federal land described in paragraph
(2) shall be determined by surveys approved by the Secretary.
(e) Applicable Law.--Except as otherwise provided in this
section, the Secretary shall carry out the land exchanges
under this section in accordance with section 206 of the
Federal Land Policy and Management Act of 1976 (43 U.S.C.
1716).
(f) Valuation, Appraisals, and Equalization.--
(1) In general.--The value of the Federal land and the non-
Federal land to be conveyed in a land exchange under this
section--
(A) shall be equal, as determined by appraisals conducted
in accordance with paragraph (2); or
(B) if not equal, shall be equalized in accordance with
paragraph (3).
(2) Appraisals.--
(A) In general.--The Federal land and the non-Federal land
to be exchanged under this section shall be appraised by an
independent, qualified appraiser that is agreed to by the
Secretary and the owner of the non-Federal land to be
exchanged.
(B) Requirements.--An appraisal under subparagraph (A)
shall be conducted in accordance with--
(i) the Uniform Appraisal Standards for Federal Land
Acquisitions; and
(ii) the Uniform Standards of Professional Appraisal
Practice.
(3) Equalization.--
(A) In general.--If the value of the Federal land and the
non-Federal land to be conveyed in a land exchange under this
section is not equal, the value may be equalized by--
(i) making a cash equalization payment to the Secretary or
to the owner of the non-Federal land, as appropriate, in
accordance with section 206(b) of the Federal Land Policy and
Management Act of 1976 (43 U.S.C. 1716(b)); or
(ii) reducing the acreage of the Federal land or the non-
Federal land to be exchanged, as appropriate.
(B) Cash equalization payments.--Any cash equalization
payments received by the Secretary under subparagraph (A)(i)
shall be--
(i) deposited in the Federal Land Disposal Account
established by section 206(a) of the Federal Land Transaction
Facilitation Act (43 U.S.C. 2305(a)); and
(ii) used in accordance with that Act.
(g) Conditions of Exchange.--
(1) In general.--The land exchanges under this section
shall be subject to such terms and conditions as the
Secretary may require.
(2) Costs.--As a condition of a conveyance of Federal land
and non-Federal land under this section, the Federal
Government and the owner of the non-Federal land shall
equally share all costs relating to the land exchange,
including the costs of appraisals, surveys, and any necessary
environmental clearances.
(3) Valid existing rights.--The exchange of Federal land
and non-Federal land under this section shall be subject to
any easements, rights-of-way, and other valid rights in
existence on the date of enactment of this Act.
(h) Completion of Land Exchange.--It is the intent of
Congress that the land exchanges under this section shall be
completed not later than 2 years after the date of enactment
of this Act.
SEC. 1755. PROTECTION OF TRIBAL TREATY RIGHTS.
Nothing in this subtitle alters, modifies, enlarges,
diminishes, or abrogates the treaty rights of any Indian
tribe, including the off-reservation reserved rights secured
by the Treaty with the Tribes and Bands of Middle Oregon of
June 25, 1855 (12 Stat. 963).
Subtitle K--Eastern Sierra and Northern San Gabriel Wilderness,
California
SEC. 1801. DEFINITIONS.
In this subtitle:
(1) Forest.--The term ``Forest'' means the Ancient
Bristlecone Pine Forest designated by section 1808(a).
(2) Recreation area.--The term ``Recreation Area'' means
the Bridgeport Winter Recreation Area designated by section
1806(a).
(3) Secretary.--The term ``Secretary'' means--
(A) with respect to land under the jurisdiction of the
Secretary of Agriculture, the Secretary of Agriculture; and
(B) with respect to land under the jurisdiction of the
Secretary of the Interior, the Secretary of the Interior.
(4) State.--The term ``State'' means the State of
California.
(5) Trail.--The term ``Trail'' means the Pacific Crest
National Scenic Trail.
SEC. 1802. DESIGNATION OF WILDERNESS AREAS.
In accordance with the Wilderness Act (16 U.S.C. 1131 et
seq.), the following areas in the State are designated as
wilderness and as components of the National Wilderness
Preservation System:
(1) Hoover wilderness additions.--
(A) In general.--Certain land in the Humboldt-Toiyabe and
Inyo National Forests, comprising approximately 79,820 acres
and identified as ``Hoover East Wilderness Addition,''
``Hoover West Wilderness Addition'', and ``Bighorn Proposed
Wilderness Addition'', as generally depicted on the maps
described in subparagraph (B), is incorporated in, and shall
be considered to be a part of, the Hoover Wilderness.
(B) Description of maps.--The maps referred to in
subparagraph (A) are--
(i) the map entitled ``Humboldt-Toiyabe National Forest
Proposed Management'' and dated September 17, 2008; and
(ii) the map entitled ``Bighorn Proposed Wilderness
Additions'' and dated September 23, 2008.
(C) Effect.--The designation of the wilderness under
subparagraph (A) shall not affect the ongoing activities of
the adjacent United States Marine Corps Mountain Warfare
Training Center on land outside the designated wilderness, in
accordance with the agreement between the Center and the
Humboldt-Toiyabe National Forest.
(2) Owens river headwaters wilderness.--Certain land in the
Inyo National Forest, comprising approximately 14,721 acres,
as generally depicted on the map entitled ``Owens River
Headwaters Proposed Wilderness'' and dated September 16,
2008, which shall be known as the ``Owens River Headwaters
Wilderness''.
(3) John muir wilderness additions.--
(A) In general.--Certain land in the Inyo National Forest
and certain land administered by the Bureau of Land
Management in Inyo County, California, comprising
approximately 70,411 acres, as generally depicted on the maps
described in subparagraph (B), is incorporated in, and shall
be considered to be a part of, the John Muir Wilderness.
(B) Description of maps.--The maps referred to in
subparagraph (A) are--
(i) the map entitled ``John Muir Proposed Wilderness
Addition (1 of 5)'' and dated September 23, 2008;
(ii) the map entitled ``John Muir Proposed Wilderness
Addition (2 of 5)'' and dated September 23, 2008;
(iii) the map entitled ``John Muir Proposed Wilderness
Addition (3 of 5)'' and dated October 31, 2008;
(iv) the map entitled ``John Muir Proposed Wilderness
Addition (4 of 5)'' and dated September 16, 2008; and
(v) the map entitled ``John Muir Proposed Wilderness
Addition (5 of 5)'' and dated September 16, 2008.
(C) Boundary revision.--The boundary of the John Muir
Wilderness is revised as depicted on the map entitled ``John
Muir Wilderness--Revised'' and dated September 16, 2008.
(4) Ansel adams wilderness addition.--Certain land in the
Inyo National Forest, comprising approximately 528 acres, as
generally depicted on the map entitled ``Ansel Adams Proposed
Wilderness Addition'' and dated September 16, 2008, is
incorporated in, and shall be considered to be a part of, the
Ansel Adams Wilderness.
(5) White mountains wilderness.--
(A) In general.--Certain land in the Inyo National Forest
and certain land administered by the Bureau of Land
Management in Mono County, California, comprising
approximately 229,993 acres, as generally depicted on the
maps described in subparagraph (B), which shall be known as
the ``White Mountains Wilderness''.
(B) Description of maps.--The maps referred to in
subparagraph (A) are--
(i) the map entitled ``White Mountains Proposed Wilderness-
Map 1 of 2 (North)'' and dated September 16, 2008; and
[[Page 8618]]
(ii) the map entitled ``White Mountains Proposed
Wilderness-Map 2 of 2 (South)'' and dated September 16, 2008.
(6) Granite mountain wilderness.--Certain land in the Inyo
National Forest and certain land administered by the Bureau
of Land Management in Mono County, California, comprising
approximately 34,342 acres, as generally depicted on the map
entitled ``Granite Mountain Wilderness'' and dated September
19, 2008, which shall be known as the ``Granite Mountain
Wilderness''.
(7) Magic mountain wilderness.--Certain land in the Angeles
National Forest, comprising approximately 12,282 acres, as
generally depicted on the map entitled ``Magic Mountain
Proposed Wilderness'' and dated December 16, 2008, which
shall be known as the ``Magic Mountain Wilderness''.
(8) Pleasant view ridge wilderness.--Certain land in the
Angeles National Forest, comprising approximately 26,757
acres, as generally depicted on the map entitled ``Pleasant
View Ridge Proposed Wilderness'' and dated December 16, 2008,
which shall be known as the ``Pleasant View Ridge
Wilderness''.
SEC. 1803. ADMINISTRATION OF WILDERNESS AREAS.
(a) Management.--Subject to valid existing rights, the
Secretary shall administer the wilderness areas and
wilderness additions designated by this subtitle in
accordance with the Wilderness Act (16 U.S.C. 1131 et seq.),
except that--
(1) any reference in that Act to the effective date shall
be considered to be a reference to the date of enactment of
this Act; and
(2) any reference in that Act to the Secretary of
Agriculture shall be considered to be a reference to the
Secretary that has jurisdiction over the land.
(b) Map and Legal Description.--
(1) In general.--As soon as practicable after the date of
enactment of this Act, the Secretary shall file a map and
legal description of each wilderness area and wilderness
addition designated by this subtitle with--
(A) the Committee on Natural Resources of the House of
Representatives; and
(B) the Committee on Energy and Natural Resources of the
Senate.
(2) Force of law.--Each map and legal description filed
under paragraph (1) shall have the same force and effect as
if included in this subtitle, except that the Secretary may
correct any errors in the map and legal description.
(3) Public availability.--Each map and legal description
filed under paragraph (1) shall be on file and available for
public inspection in the appropriate offices of the
Secretary.
(c) Incorporation of Acquired Land and Interests.--Any land
(or interest in land) within the boundary of a wilderness
area or wilderness addition designated by this subtitle that
is acquired by the Federal Government shall--
(1) become part of the wilderness area in which the land is
located; and
(2) be managed in accordance with this subtitle, the
Wilderness Act (16 U.S.C. 1131 et seq.), and any other
applicable law.
(d) Withdrawal.--Subject to valid rights in existence on
the date of enactment of this Act, any Federal land
designated as a wilderness area or wilderness addition by
this subtitle is withdrawn from--
(1) all forms of entry, appropriation, or disposal under
the public land laws;
(2) location, entry, and patent under the mining laws; and
(3) disposition under laws relating to mineral and
geothermal leasing or mineral materials.
(e) Fire Management and Related Activities.--
(1) In general.--The Secretary may take such measures in a
wilderness area or wilderness addition designated by this
subtitle as are necessary for the control of fire, insects,
and diseases in accordance with section 4(d)(1) of the
Wilderness Act (16 U.S.C. 1133(d)(1)) and House Report 98-40
of the 98th Congress.
(2) Funding priorities.--Nothing in this subtitle limits
funding for fire and fuels management in the wilderness areas
and wilderness additions designated by this subtitle.
(3) Revision and development of local fire management
plans.--As soon as practicable after the date of enactment of
this Act, the Secretary shall amend the local fire management
plans that apply to the land designated as a wilderness area
or wilderness addition by this subtitle.
(4) Administration.--Consistent with paragraph (1) and
other applicable Federal law, to ensure a timely and
efficient response to fire emergencies in the wilderness
areas and wilderness additions designated by this subtitle,
the Secretary shall--
(A) not later than 1 year after the date of enactment of
this Act, establish agency approval procedures (including
appropriate delegations of authority to the Forest
Supervisor, District Manager, or other agency officials) for
responding to fire emergencies; and
(B) enter into agreements with appropriate State or local
firefighting agencies.
(f) Access to Private Property.--The Secretary shall
provide any owner of private property within the boundary of
a wilderness area or wilderness addition designated by this
subtitle adequate access to the property to ensure the
reasonable use and enjoyment of the property by the owner.
(g) Military Activities.--Nothing in this subtitle
precludes--
(1) low-level overflights of military aircraft over the
wilderness areas or wilderness additions designated by this
subtitle;
(2) the designation of new units of special airspace over
the wilderness areas or wilderness additions designated by
this subtitle; or
(3) the use or establishment of military flight training
routes over wilderness areas or wilderness additions
designated by this subtitle.
(h) Livestock.--Grazing of livestock and the maintenance of
existing facilities relating to grazing in wilderness areas
or wilderness additions designated by this subtitle, if
established before the date of enactment of this Act, shall
be permitted to continue in accordance with--
(1) section 4(d)(4) of the Wilderness Act (16 U.S.C.
1133(d)(4)); and
(2) the guidelines set forth in Appendix A of the report of
the Committee on Interior and Insular Affairs of the House of
Representatives accompanying H.R. 2570 of the 101st Congress
(H. Rept. 101-405).
(i) Fish and Wildlife Management.--
(1) In general.--In furtherance of the purposes of the
Wilderness Act (16 U.S.C. 1131 et seq.), the Secretary may
carry out management activities to maintain or restore fish
and wildlife populations and fish and wildlife habitats in
wilderness areas or wilderness additions designated by this
subtitle if the activities are--
(A) consistent with applicable wilderness management plans;
and
(B) carried out in accordance with applicable guidelines
and policies.
(2) State jurisdiction.--Nothing in this subtitle affects
the jurisdiction of the State with respect to fish and
wildlife on public land located in the State.
(j) Horses.--Nothing in this subtitle precludes horseback
riding in, or the entry of recreational or commercial saddle
or pack stock into, an area designated as wilderness or as a
wilderness addition by this subtitle--
(1) in accordance with section 4(d)(5) of the Wilderness
Act (16 U.S.C. 1133(d)(5)); and
(2) subject to any terms and conditions determined to be
necessary by the Secretary.
(k) Outfitter and Guide Use.--Outfitter and guide
activities conducted under permits issued by the Forest
Service on the additions to the John Muir, Ansel Adams, and
Hoover wilderness areas designated by this subtitle shall be
in addition to any existing limits established for the John
Muir, Ansel Adams, and Hoover wilderness areas.
(l) Transfer to the Forest Service.--
(1) White mountains wilderness.--Administrative
jurisdiction over the approximately 946 acres of land
identified as ``Transfer of Administrative Jurisdiction from
BLM to FS'' on the maps described in section 1802(5)(B) is
transferred from the Bureau of Land Management to the Forest
Service to be managed as part of the White Mountains
Wilderness.
(2) John muir wilderness.--Administrative jurisdiction over
the approximately 143 acres of land identified as ``Transfer
of Administrative Jurisdiction from BLM to FS'' on the maps
described in section 1802(3)(B) is transferred from the
Bureau of Land Management to the Forest Service to be managed
as part of the John Muir Wilderness.
(m) Transfer to the Bureau of Land Management.--
Administrative jurisdiction over the approximately 3,010
acres of land identified as ``Land from FS to BLM'' on the
maps described in section 1802(6) is transferred from the
Forest Service to the Bureau of Land Management to be managed
as part of the Granite Mountain Wilderness.
SEC. 1804. RELEASE OF WILDERNESS STUDY AREAS.
(a) Finding.--Congress finds that, for purposes of section
603 of the Federal Land Policy and Management Act of 1976 (43
U.S.C. 1782), any portion of a wilderness study area
described in subsection (b) that is not designated as a
wilderness area or wilderness addition by this subtitle or
any other Act enacted before the date of enactment of this
Act has been adequately studied for wilderness.
(b) Description of Study Areas.--The study areas referred
to in subsection (a) are--
(1) the Masonic Mountain Wilderness Study Area;
(2) the Mormon Meadow Wilderness Study Area;
(3) the Walford Springs Wilderness Study Area; and
(4) the Granite Mountain Wilderness Study Area.
(c) Release.--Any portion of a wilderness study area
described in subsection (b) that is not designated as a
wilderness area or wilderness addition by this subtitle or
any other Act enacted before the date of enactment of this
Act shall not be subject to section 603(c) of the Federal
Land Policy and Management Act of 1976 (43 U.S.C. 1782(c)).
SEC. 1805. DESIGNATION OF WILD AND SCENIC RIVERS.
(a) In General.--Section 3(a) of the Wild and Scenic Rivers
Act (16 U.S.C. 1274(a)) (as amended by section 1504(a)) is
amended by adding at the end the following:
``(196) Amargosa river, california.--The following segments
of the Amargosa River in the State of California, to be
administered by the Secretary of the Interior:
``(A) The approximately 4.1-mile segment of the Amargosa
River from the northern boundary of sec. 7, T. 21 N., R. 7
E., to 100 feet upstream of the Tecopa Hot Springs road
crossing, as a scenic river.
``(B) The approximately 8-mile segment of the Amargosa
River from 100 feet downstream of the Tecopa Hot Springs Road
crossing to 100 feet upstream of the Old Spanish Trail
Highway crossing near Tecopa, as a scenic river.
[[Page 8619]]
``(C) The approximately 7.9-mile segment of the Amargosa
River from the northern boundary of sec. 16, T. 20 N., R. 7
E., to .25 miles upstream of the confluence with Sperry Wash
in sec. 10, T. 19 N., R. 7 E., as a wild river.
``(D) The approximately 4.9-mile segment of the Amargosa
River from .25 miles upstream of the confluence with Sperry
Wash in sec. 10, T. 19 N., R. 7 E. to 100 feet upstream of
the Dumont Dunes access road crossing in sec. 32, T. 19 N.,
R. 7 E., as a recreational river.
``(E) The approximately 1.4-mile segment of the Amargosa
River from 100 feet downstream of the Dumont Dunes access
road crossing in sec. 32, T. 19 N., R. 7 E., as a
recreational river.
``(197) Owens river headwaters, california.--The following
segments of the Owens River in the State of California, to be
administered by the Secretary of Agriculture:
``(A) The 2.3-mile segment of Deadman Creek from the 2-
forked source east of San Joaquin Peak to the confluence with
the unnamed tributary flowing north into Deadman Creek from
sec. 12, T. 3 S., R. 26 E., as a wild river.
``(B) The 2.3-mile segment of Deadman Creek from the
unnamed tributary confluence in sec. 12, T. 3 S., R. 26 E.,
to the Road 3S22 crossing, as a scenic river.
``(C) The 4.1-mile segment of Deadman Creek from the Road
3S22 crossing to .25 miles downstream of the Highway 395
crossing, as a recreational river.
``(D) The 3-mile segment of Deadman Creek from .25 miles
downstream of the Highway 395 crossing to 100 feet upstream
of Big Springs, as a scenic river.
``(E) The 1-mile segment of the Upper Owens River from 100
feet upstream of Big Springs to the private property boundary
in sec. 19, T. 2 S., R. 28 E., as a recreational river.
``(F) The 4-mile segment of Glass Creek from its 2-forked
source to 100 feet upstream of the Glass Creek Meadow
Trailhead parking area in sec. 29, T. 2 S., R.27 E., as a
wild river.
``(G) The 1.3-mile segment of Glass Creek from 100 feet
upstream of the trailhead parking area in sec. 29 to the end
of Glass Creek Road in sec. 21, T. 2 S., R. 27 E., as a
scenic river.
``(H) The 1.1-mile segment of Glass Creek from the end of
Glass Creek Road in sec. 21, T. 2 S., R. 27 E., to the
confluence with Deadman Creek, as a recreational river.
``(198) Cottonwood creek, california.--The following
segments of Cottonwood Creek in the State of California:
``(A) The 17.4-mile segment from its headwaters at the
spring in sec. 27, T 4 S., R. 34 E., to the Inyo National
Forest boundary at the east section line of sec 3, T. 6 S.,
R. 36 E., as a wild river to be administered by the Secretary
of Agriculture.
``(B) The 4.1-mile segment from the Inyo National Forest
boundary to the northern boundary of sec. 5, T.4 S., R. 34
E., as a recreational river, to be administered by the
Secretary of the Interior.
``(199) Piru creek, california.--The following segments of
Piru Creek in the State of California, to be administered by
the Secretary of Agriculture:
``(A) The 3-mile segment of Piru Creek from 0.5 miles
downstream of Pyramid Dam at the first bridge crossing to the
boundary of the Sespe Wilderness, as a recreational river.
``(B) The 4.25-mile segment from the boundary of the Sespe
Wilderness to the boundary between Los Angeles and Ventura
Counties, as a wild river.''.
(b) Effect.--The designation of Piru Creek under subsection
(a) shall not affect valid rights in existence on the date of
enactment of this Act.
SEC. 1806. BRIDGEPORT WINTER RECREATION AREA.
(a) Designation.--The approximately 7,254 acres of land in
the Humboldt-Toiyabe National Forest identified as the
``Bridgeport Winter Recreation Area'', as generally depicted
on the map entitled ``Humboldt-Toiyabe National Forest
Proposed Management'' and dated September 17, 2008, is
designated as the Bridgeport Winter Recreation Area.
(b) Map and Legal Description.--
(1) In general.--As soon as practicable after the date of
enactment of this Act, the Secretary shall file a map and
legal description of the Recreation Area with--
(A) the Committee on Natural Resources of the House of
Representatives; and
(B) the Committee on Energy and Natural Resources of the
Senate.
(2) Force of law.--The map and legal description filed
under paragraph (1) shall have the same force and effect as
if included in this subtitle, except that the Secretary may
correct any errors in the map and legal description.
(3) Public availability.--The map and legal description
filed under paragraph (1) shall be on file and available for
public inspection in the appropriate offices of the Forest
Service.
(c) Management.--
(1) Interim management.--Until completion of the management
plan required under subsection (d), and except as provided in
paragraph (2), the Recreation Area shall be managed in
accordance with the Toiyabe National Forest Land and Resource
Management Plan of 1986 (as in effect on the day of enactment
of this Act).
(2) Use of snowmobiles.--The winter use of snowmobiles
shall be allowed in the Recreation Area--
(A) during periods of adequate snow coverage during the
winter season; and
(B) subject to any terms and conditions determined to be
necessary by the Secretary.
(d) Management Plan.--To ensure the sound management and
enforcement of the Recreation Area, the Secretary shall, not
later than 1 year after the date of enactment of this Act,
undergo a public process to develop a winter use management
plan that provides for--
(1) adequate signage;
(2) a public education program on allowable usage areas;
(3) measures to ensure adequate sanitation;
(4) a monitoring and enforcement strategy; and
(5) measures to ensure the protection of the Trail.
(e) Enforcement.--The Secretary shall prioritize
enforcement activities in the Recreation Area--
(1) to prohibit degradation of natural resources in the
Recreation Area;
(2) to prevent interference with nonmotorized recreation on
the Trail; and
(3) to reduce user conflicts in the Recreation Area.
(f) Pacific Crest National Scenic Trail.--The Secretary
shall establish an appropriate snowmobile crossing point
along the Trail in the area identified as ``Pacific Crest
Trail Proposed Crossing Area'' on the map entitled
``Humboldt-Toiyable National Forest Proposed Management'' and
dated September 17, 2008--
(1) in accordance with--
(A) the National Trails System Act (16 U.S.C. 1241 et
seq.); and
(B) any applicable environmental and public safety laws;
and
(2) subject to the terms and conditions the Secretary
determines to be necessary to ensure that the crossing would
not--
(A) interfere with the nature and purposes of the Trail; or
(B) harm the surrounding landscape.
SEC. 1807. MANAGEMENT OF AREA WITHIN HUMBOLDT-TOIYABE
NATIONAL FOREST.
Certain land in the Humboldt-Toiyabe National Forest,
comprising approximately 3,690 acres identified as ``Pickel
Hill Management Area'', as generally depicted on the map
entitled ``Humboldt-Toiyabe National Forest Proposed
Management'' and dated September 17, 2008, shall be managed
in a manner consistent with the non-Wilderness forest areas
immediately surrounding the Pickel Hill Management Area,
including the allowance of snowmobile use.
SEC. 1808. ANCIENT BRISTLECONE PINE FOREST.
(a) Designation.--To conserve and protect the Ancient
Bristlecone Pines by maintaining near-natural conditions and
to ensure the survival of the Pines for the purposes of
public enjoyment and scientific study, the approximately
31,700 acres of public land in the State, as generally
depicted on the map entitled ``Ancient Bristlecone Pine
Forest--Proposed'' and dated July 16, 2008, is designated as
the ``Ancient Bristlecone Pine Forest''.
(b) Map and Legal Description.--
(1) In general.--As soon as practicable, but not later than
3 years after the date of enactment of this Act, the
Secretary shall file a map and legal description of the
Forest with--
(A) the Committee on Natural Resources of the House of
Representatives; and
(B) the Committee on Energy and Natural Resources of the
Senate.
(2) Force of law.--The map and legal description filed
under paragraph (1) shall have the same force and effect as
if included in this subtitle, except that the Secretary may
correct any errors in the map and legal description.
(3) Public availability.--The map and legal description
filed under paragraph (1) shall be on file and available for
public inspection in the appropriate offices of the Forest
Service.
(c) Management.--
(1) In general.--The Secretary shall administer the
Forest--
(A) in a manner that--
(i) protect the resources and values of the area in
accordance with the purposes for which the Forest is
established, as described in subsection (a); and
(ii) promotes the objectives of the applicable management
plan (as in effect on the date of enactment of this Act),
including objectives relating to--
(I) the protection of bristlecone pines for public
enjoyment and scientific study;
(II) the recognition of the botanical, scenic, and
historical values of the area; and
(III) the maintenance of near-natural conditions by
ensuring that all activities are subordinate to the needs of
protecting and preserving bristlecone pines and wood
remnants; and
(B) in accordance with the National Forest Management Act
of 1976 (16 U.S.C. 1600 et seq.), this section, and any other
applicable laws.
(2) Uses.--
(A) In general.--The Secretary shall allow only such uses
of the Forest as the Secretary determines would further the
purposes for which the Forest is established, as described in
subsection (a).
(B) Scientific research.--Scientific research shall be
allowed in the Forest in accordance with the Inyo National
Forest Land and Resource Management Plan (as in effect on the
date of enactment of this Act).
(3) Withdrawal.--Subject to valid existing rights, all
Federal land within the Forest is withdrawn from--
(A) all forms of entry, appropriation or disposal under the
public land laws;
(B) location, entry, and patent under the mining laws; and
(C) disposition under all laws relating to mineral and
geothermal leasing or mineral materials.
Subtitle L--Riverside County Wilderness, California
SEC. 1851. WILDERNESS DESIGNATION.
(a) Definition of Secretary.--In this section, the term
``Secretary'' means--
[[Page 8620]]
(1) with respect to land under the jurisdiction of the
Secretary of Agriculture, the Secretary of Agriculture; and
(2) with respect to land under the jurisdiction of the
Secretary of the Interior, the Secretary of the Interior.
(b) Designation of Wilderness, Cleveland and San Bernardino
National Forests, Joshua Tree National Park, and Bureau of
Land Management Land in Riverside County, California.--
(1) Designations.--
(A) Agua tibia wilderness additions.--In accordance with
the Wilderness Act (16 U.S.C. 1131 et seq.), certain land in
the Cleveland National Forest and certain land administered
by the Bureau of Land Management in Riverside County,
California, together comprising approximately 2,053 acres, as
generally depicted on the map titled ``Proposed Addition to
Agua Tibia Wilderness'', and dated May 9, 2008, is designated
as wilderness and is incorporated in, and shall be deemed to
be a part of, the Agua Tibia Wilderness designated by section
2(a) of Public Law 93-632 (88 Stat. 2154; 16 U.S.C. 1132
note).
(B) Cahuilla mountain wilderness.--In accordance with the
Wilderness Act (16 U.S.C. 1131 et seq.), certain land in the
San Bernardino National Forest, California, comprising
approximately 5,585 acres, as generally depicted on the map
titled ``Cahuilla Mountain Proposed Wilderness'', and dated
May 1, 2008, is designated as wilderness and, therefore, as a
component of the National Wilderness Preservation System,
which shall be known as the ``Cahuilla Mountain Wilderness''.
(C) South fork san jacinto wilderness.--In accordance with
the Wilderness Act (16 U.S.C. 1131 et seq.), certain land in
the San Bernardino National Forest, California, comprising
approximately 20,217 acres, as generally depicted on the map
titled ``South Fork San Jacinto Proposed Wilderness'', and
dated May 1, 2008, is designated as wilderness and,
therefore, as a component of the National Wilderness
Preservation System, which shall be known as the ``South Fork
San Jacinto Wilderness''.
(D) Santa rosa wilderness additions.--In accordance with
the Wilderness Act (16 U.S.C. 1131 et seq.), certain land in
the San Bernardino National Forest, California, and certain
land administered by the Bureau of Land Management in
Riverside County, California, comprising approximately 2,149
acres, as generally depicted on the map titled ``Santa Rosa-
San Jacinto National Monument Expansion and Santa Rosa
Wilderness Addition'', and dated March 12, 2008, is
designated as wilderness and is incorporated in, and shall be
deemed to be a part of, the Santa Rosa Wilderness designated
by section 101(a)(28) of Public Law 98-425 (98 Stat. 1623; 16
U.S.C. 1132 note) and expanded by paragraph (59) of section
102 of Public Law 103-433 (108 Stat. 4472; 16 U.S.C. 1132
note).
(E) Beauty mountain wilderness.--In accordance with the
Wilderness Act (16 U.S.C. 1131 et seq.), certain land
administered by the Bureau of Land Management in Riverside
County, California, comprising approximately 15,621 acres, as
generally depicted on the map titled ``Beauty Mountain
Proposed Wilderness'', and dated April 3, 2007, is designated
as wilderness and, therefore, as a component of the National
Wilderness Preservation System, which shall be known as the
``Beauty Mountain Wilderness''.
(F) Joshua tree national park wilderness additions.--In
accordance with the Wilderness Act (16 U.S.C. 1131 et seq.),
certain land in Joshua Tree National Park, comprising
approximately 36,700 acres, as generally depicted on the map
numbered 156/80,055, and titled ``Joshua Tree National Park
Proposed Wilderness Additions'', and dated March 2008, is
designated as wilderness and is incorporated in, and shall be
deemed to be a part of, the Joshua Tree Wilderness designated
by section 1(g) of Public Law 94-567 (90 Stat. 2692; 16
U.S.C. 1132 note).
(G) Orocopia mountains wilderness additions.--In accordance
with the Wilderness Act (16 U.S.C. 1131 et seq.), certain
land administered by the Bureau of Land Management in
Riverside County, California, comprising approximately 4,635
acres, as generally depicted on the map titled ``Orocopia
Mountains Proposed Wilderness Addition'', and dated May 8,
2008, is designated as wilderness and is incorporated in, and
shall be deemed to be a part of, the Orocopia Mountains
Wilderness as designated by paragraph (44) of section 102 of
Public Law 103-433 (108 Stat. 4472; 16 U.S.C. 1132 note),
except that the wilderness boundaries established by this
subsection in Township 7 South, Range 13 East, exclude--
(i) a corridor 250 feet north of the centerline of the
Bradshaw Trail;
(ii) a corridor 250 feet from both sides of the centerline
of the vehicle route in the unnamed wash that flows between
the Eagle Mountain Railroad on the south and the existing
Orocopia Mountains Wilderness boundary; and
(iii) a corridor 250 feet from both sides of the centerline
of the vehicle route in the unnamed wash that flows between
the Chocolate Mountain Aerial Gunnery Range on the south and
the existing Orocopia Mountains Wilderness boundary.
(H) Palen/McCoy wilderness additions.--In accordance with
the Wilderness Act (16 U.S.C. 1131 et seq.), certain land
administered by the Bureau of Land Management in Riverside
County, California, comprising approximately 22,645 acres, as
generally depicted on the map titled ``Palen-McCoy Proposed
Wilderness Additions'', and dated May 8, 2008, is designated
as wilderness and is incorporated in, and shall be deemed to
be a part of, the Palen/McCoy Wilderness as designated by
paragraph (47) of section 102 of Public Law 103-433 (108
Stat. 4472; 16 U.S.C. 1132 note).
(I) Pinto mountains wilderness.--In accordance with the
Wilderness Act (16 U.S.C. 1131 et seq.), certain land
administered by the Bureau of Land Management in Riverside
County, California, comprising approximately 24,404 acres, as
generally depicted on the map titled ``Pinto Mountains
Proposed Wilderness'', and dated February 21, 2008, is
designated as wilderness and, therefore, as a component of
the National Wilderness Preservation System, which shall be
known as the ``Pinto Mountains Wilderness''.
(J) Chuckwalla mountains wilderness additions.--In
accordance with the Wilderness Act (16 U.S.C. 1131 et seq.),
certain land administered by the Bureau of Land Management in
Riverside County, California, comprising approximately 12,815
acres, as generally depicted on the map titled ``Chuckwalla
Mountains Proposed Wilderness Addition'', and dated May 8,
2008, is designated as wilderness and is incorporated in, and
shall be deemed to be a part of the Chuckwalla Mountains
Wilderness as designated by paragraph (12) of section 102 of
Public Law 103-433 (108 Stat. 4472; 16 U.S.C. 1132 note).
(2) Maps and descriptions.--
(A) In general.--As soon as practicable after the date of
the enactment of this Act, the Secretary shall file a map and
legal description of each wilderness area and wilderness
addition designated by this section with the Committee on
Natural Resources of the House of Representatives and the
Committee on Energy and Natural Resources of the Senate.
(B) Force of law.--A map and legal description filed under
subparagraph (A) shall have the same force and effect as if
included in this section, except that the Secretary may
correct errors in the map and legal description.
(C) Public availability.--Each map and legal description
filed under subparagraph (A) shall be filed and made
available for public inspection in the appropriate office of
the Secretary.
(3) Utility facilities.--Nothing in this section prohibits
the construction, operation, or maintenance, using standard
industry practices, of existing utility facilities located
outside of the wilderness areas and wilderness additions
designated by this section.
(c) Joshua Tree National Park Potential Wilderness.--
(1) Designation of potential wilderness.--Certain land in
the Joshua Tree National Park, comprising approximately
43,300 acres, as generally depicted on the map numbered 156/
80,055, and titled ``Joshua Tree National Park Proposed
Wilderness Additions'', and dated March 2008, is designated
potential wilderness and shall be managed by the Secretary of
the Interior insofar as practicable as wilderness until such
time as the land is designated as wilderness pursuant to
paragraph (2).
(2) Designation as wilderness.--The land designated
potential wilderness by paragraph (1) shall be designated as
wilderness and incorporated in, and be deemed to be a part
of, the Joshua Tree Wilderness designated by section 1(g) of
Public Law 94-567 (90 Stat. 2692; 16 U.S.C. 1132 note),
effective upon publication by the Secretary of the Interior
in the Federal Register of a notice that--
(A) all uses of the land within the potential wilderness
prohibited by the Wilderness Act (16 U.S.C. 1131 et seq.)
have ceased; and
(B) sufficient inholdings within the boundaries of the
potential wilderness have been acquired to establish a
manageable wilderness unit.
(3) Map and description.--
(A) In general.--As soon as practicable after the date on
which the notice required by paragraph (2) is published in
the Federal Register, the Secretary shall file a map and
legal description of the land designated as wilderness and
potential wilderness by this section with the Committee on
Natural Resources of the House of Representatives and the
Committee on Energy and Natural Resources of the Senate.
(B) Force of law.--The map and legal description filed
under subparagraph (A) shall have the same force and effect
as if included in this section, except that the Secretary may
correct errors in the map and legal description.
(C) Public availability.--Each map and legal description
filed under subparagraph (A) shall be filed and made
available for public inspection in the appropriate office of
the Secretary.
(d) Administration of Wilderness.--
(1) Management.--Subject to valid existing rights, the land
designated as wilderness or as a wilderness addition by this
section shall be administered by the Secretary in accordance
with the Wilderness Act (16 U.S.C. 1131 et seq.), except
that--
(A) any reference in that Act to the effective date of that
Act shall be deemed to be a reference to--
(i) the date of the enactment of this Act; or
(ii) in the case of the wilderness addition designated by
subsection (c), the date on which the notice required by such
subsection is published in the Federal Register; and
(B) any reference in that Act to the Secretary of
Agriculture shall be deemed to be a reference to the
Secretary that has jurisdiction over the land.
(2) Incorporation of acquired land and interests.--Any land
within the boundaries of a wilderness area or wilderness
addition designated by this section that is acquired by the
United States shall--
[[Page 8621]]
(A) become part of the wilderness area in which the land is
located; and
(B) be managed in accordance with this section, the
Wilderness Act (16 U.S.C. 1131 et seq.), and any other
applicable law.
(3) Withdrawal.--Subject to valid rights in existence on
the date of enactment of this Act, the land designated as
wilderness by this section is withdrawn from all forms of--
(A) entry, appropriation, or disposal under the public land
laws;
(B) location, entry, and patent under the mining laws; and
(C) disposition under all laws pertaining to mineral and
geothermal leasing or mineral materials.
(4) Fire management and related activities.--
(A) In general.--The Secretary may take such measures in a
wilderness area or wilderness addition designated by this
section as are necessary for the control of fire, insects,
and diseases in accordance with section 4(d)(1) of the
Wilderness Act (16 U.S.C. 1133(d)(1)) and House Report 98-40
of the 98th Congress.
(B) Funding priorities.--Nothing in this section limits
funding for fire and fuels management in the wilderness areas
and wilderness additions designated by this section.
(C) Revision and development of local fire management
plans.--As soon as practicable after the date of enactment of
this Act, the Secretary shall amend the local fire management
plans that apply to the land designated as a wilderness area
or wilderness addition by this section.
(D) Administration.--Consistent with subparagraph (A) and
other applicable Federal law, to ensure a timely and
efficient response to fire emergencies in the wilderness
areas and wilderness additions designated by this section,
the Secretary shall--
(i) not later than 1 year after the date of enactment of
this Act, establish agency approval procedures (including
appropriate delegations of authority to the Forest
Supervisor, District Manager, or other agency officials) for
responding to fire emergencies; and
(ii) enter into agreements with appropriate State or local
firefighting agencies.
(5) Grazing.--Grazing of livestock in a wilderness area or
wilderness addition designated by this section shall be
administered in accordance with the provisions of section
4(d)(4) of the Wilderness Act (16 U.S.C. 1133(d)(4)) and the
guidelines set forth in House Report 96-617 to accompany H.R.
5487 of the 96th Congress.
(6) Native american uses and interests.--
(A) Access and use.--To the extent practicable, the
Secretary shall ensure access to the Cahuilla Mountain
Wilderness by members of an Indian tribe for traditional
cultural purposes. In implementing this paragraph, the
Secretary, upon the request of an Indian tribe, may
temporarily close to the general public use of one or more
specific portions of the wilderness area in order to protect
the privacy of traditional cultural activities in such areas
by members of the Indian tribe. Any such closure shall be
made to affect the smallest practicable area for the minimum
period necessary for such purposes. Such access shall be
consistent with the purpose and intent of Public Law 95-341
(42 U.S.C. 1996), commonly referred to as the American Indian
Religious Freedom Act, and the Wilderness Act (16 U.S.C. 1131
et seq.).
(B) Indian tribe defined.--In this paragraph, the term
``Indian tribe'' means any Indian tribe, band, nation, or
other organized group or community of Indians which is
recognized as eligible by the Secretary of the Interior for
the special programs and services provided by the United
States to Indians because of their status as Indians.
(7) Military activities.--Nothing in this section
precludes--
(A) low-level overflights of military aircraft over the
wilderness areas or wilderness additions designated by this
section;
(B) the designation of new units of special airspace over
the wilderness areas or wilderness additions designated by
this section; or
(C) the use or establishment of military flight training
routes over wilderness areas or wilderness additions
designated by this section.
SEC. 1852. WILD AND SCENIC RIVER DESIGNATIONS, RIVERSIDE
COUNTY, CALIFORNIA.
Section 3(a) of the Wild and Scenic Rivers Act (16 U.S.C.
1274(a)) (as amended by section 1805) is amended by adding at
the end the following new paragraphs:
``(200) North Fork San Jacinto River, California.--The
following segments of the North Fork San Jacinto River in the
State of California, to be administered by the Secretary of
Agriculture:
``(A) The 2.12-mile segment from the source of the North
Fork San Jacinto River at Deer Springs in Mt. San Jacinto
State Park to the State Park boundary, as a wild river.
``(B) The 1.66-mile segment from the Mt. San Jacinto State
Park boundary to the Lawler Park boundary in section 26,
township 4 south, range 2 east, San Bernardino meridian, as a
scenic river.
``(C) The 0.68-mile segment from the Lawler Park boundary
to its confluence with Fuller Mill Creek, as a recreational
river.
``(D) The 2.15-mile segment from its confluence with Fuller
Mill Creek to .25 miles upstream of the 5S09 road crossing,
as a wild river.
``(E) The 0.6-mile segment from .25 miles upstream of the
5S09 road crossing to its confluence with Stone Creek, as a
scenic river.
``(F) The 2.91-mile segment from the Stone Creek confluence
to the northern boundary of section 17, township 5 south,
range 2 east, San Bernardino meridian, as a wild river.
``(201) Fuller Mill Creek, California.--The following
segments of Fuller Mill Creek in the State of California, to
be administered by the Secretary of Agriculture:
``(A) The 1.2-mile segment from the source of Fuller Mill
Creek in the San Jacinto Wilderness to the Pinewood property
boundary in section 13, township 4 south, range 2 east, San
Bernardino meridian, as a scenic river.
``(B) The 0.9-mile segment in the Pine Wood property, as a
recreational river.
``(C) The 1.4-mile segment from the Pinewood property
boundary in section 23, township 4 south, range 2 east, San
Bernardino meridian, to its confluence with the North Fork
San Jacinto River, as a scenic river.
``(202) Palm Canyon Creek, California.--The 8.1-mile
segment of Palm Canyon Creek in the State of California from
the southern boundary of section 6, township 7 south, range 5
east, San Bernardino meridian, to the San Bernardino National
Forest boundary in section 1, township 6 south, range 4 east,
San Bernardino meridian, to be administered by the Secretary
of Agriculture as a wild river, and the Secretary shall enter
into a cooperative management agreement with the Agua
Caliente Band of Cahuilla Indians to protect and enhance
river values.
``(203) Bautista Creek, California.--The 9.8-mile segment
of Bautista Creek in the State of California from the San
Bernardino National Forest boundary in section 36, township 6
south, range 2 east, San Bernardino meridian, to the San
Bernardino National Forest boundary in section 2, township 6
south, range 1 east, San Bernardino meridian, to be
administered by the Secretary of Agriculture as a
recreational river.''.
SEC. 1853. ADDITIONS AND TECHNICAL CORRECTIONS TO SANTA ROSA
AND SAN JACINTO MOUNTAINS NATIONAL MONUMENT.
(a) Boundary Adjustment, Santa Rosa and San Jacinto
Mountains National Monument.--Section 2 of the Santa Rosa and
San Jacinto Mountains National Monument Act of 2000 (Public
Law 106-351; 114 U.S.C. 1362; 16 U.S.C. 431 note) is amended
by adding at the end the following new subsection:
``(e) Expansion of Boundaries.--In addition to the land
described in subsection (c), the boundaries of the National
Monument shall include the following lands identified as
additions to the National Monument on the map titled `Santa
Rosa-San Jacinto National Monument Expansion and Santa Rosa
Wilderness Addition', and dated March 12, 2008:
``(1) The `Santa Rosa Peak Area Monument Expansion'.
``(2) The `Snow Creek Area Monument Expansion'.
``(3) The `Tahquitz Peak Area Monument Expansion'.
``(4) The `Southeast Area Monument Expansion', which is
designated as wilderness in section 512(d), and is thus
incorporated into, and shall be deemed part of, the Santa
Rosa Wilderness.''.
(b) Technical Amendments to the Santa Rosa and San Jacinto
Mountains National Monument Act of 2000.--Section 7(d) of the
Santa Rosa and San Jacinto Mountains National Monument Act of
2000 (Public Law 106-351; 114 U.S.C. 1362; 16 U.S.C. 431
note) is amended by striking ``eight'' and inserting ``a
majority of the appointed''.
Subtitle M--Sequoia and Kings Canyon National Parks Wilderness,
California
SEC. 1901. DEFINITIONS.
In this subtitle:
(1) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(2) State.--The term ``State'' means the State of
California.
SEC. 1902. DESIGNATION OF WILDERNESS AREAS.
In accordance with the Wilderness Act (16 U.S.C. 1131 et
seq.), the following areas in the State are designated as
wilderness areas and as components of the National Wilderness
Preservation System:
(1) John krebs wilderness.--
(A) Designation.--Certain land in Sequoia and Kings Canyon
National Parks, comprising approximately 39,740 acres of
land, and 130 acres of potential wilderness additions as
generally depicted on the map numbered 102/60014b, titled
``John Krebs Wilderness'', and dated September 16, 2008.
(B) Effect.--Nothing in this paragraph affects--
(i) the cabins in, and adjacent to, Mineral King Valley; or
(ii) the private inholdings known as ``Silver City'' and
``Kaweah Han''.
(C) Potential wilderness additions.--The designation of the
potential wilderness additions under subparagraph (A) shall
not prohibit the operation, maintenance, and repair of the
small check dams and water impoundments on Lower Franklin
Lake, Crystal Lake, Upper Monarch Lake, and Eagle Lake. The
Secretary is authorized to allow the use of helicopters for
the operation, maintenance, and repair of the small check
dams and water impoundments on Lower Franklin Lake, Crystal
Lake, Upper Monarch Lake, and Eagle Lake. The potential
wilderness additions shall be designated as wilderness and
incorporated into the John Krebs Wilderness established by
this section upon termination of the non-conforming uses.
(2) Sequoia-kings canyon wilderness addition.--Certain land
in Sequoia and Kings Canyon National Parks, California,
comprising approximately 45,186 acres as generally depicted
[[Page 8622]]
on the map titled ``Sequoia-Kings Canyon Wilderness
Addition'', numbered 102/60015a, and dated March 10, 2008, is
incorporated in, and shall be considered to be a part of, the
Sequoia-Kings Canyon Wilderness.
(3) Recommended wilderness.--Land in Sequoia and Kings
Canyon National Parks that was managed as of the date of
enactment of this Act as recommended or proposed wilderness
but not designated by this section as wilderness shall
continue to be managed as recommended or proposed wilderness,
as appropriate.
SEC. 1903. ADMINISTRATION OF WILDERNESS AREAS.
(a) In General.--Subject to valid existing rights, each
area designated as wilderness by this subtitle shall be
administered by the Secretary in accordance with the
Wilderness Act (16 U.S.C. 1131 et seq.), except that any
reference in the Wilderness Act to the effective date of the
Wilderness Act shall be considered to be a reference to the
date of enactment of this Act.
(b) Map and Legal Description.--
(1) Submission of map and legal description.--As soon as
practicable, but not later than 3 years, after the date of
enactment of this Act, the Secretary shall file a map and
legal description of each area designated as wilderness by
this subtitle with--
(A) the Committee on Energy and Natural Resources of the
Senate; and
(B) the Committee on Natural Resources of the House of
Representatives.
(2) Force and effect.--The map and legal description filed
under paragraph (1) shall have the same force and effect as
if included in this subtitle, except that the Secretary may
correct any clerical or typographical error in the map or
legal description.
(3) Public availability.--The map and legal description
filed under paragraph (1) shall be on file and available for
public inspection in the Office of the Secretary.
(c) Hydrologic, Meteorologic, and Climatological Devices,
Facilities, and Associated Equipment.--The Secretary shall
continue to manage maintenance and access to hydrologic,
meteorologic, and climatological devices, facilities and
associated equipment consistent with House Report 98-40.
(d) Authorized Activities Outside Wilderness.--Nothing in
this subtitle precludes authorized activities conducted
outside of an area designated as wilderness by this subtitle
by cabin owners (or designees) in the Mineral King Valley
area or property owners or lessees (or designees) in the
Silver City inholding, as identified on the map described in
section 1902(1)(A).
(e) Horseback Riding.--Nothing in this subtitle precludes
horseback riding in, or the entry of recreational or
commercial saddle or pack stock into, an area designated as
wilderness by this subtitle--
(1) in accordance with section 4(d)(5) of the Wilderness
Act (16 U.S.C. 1133(d)(5)); and
(2) subject to any terms and conditions determined to be
necessary by the Secretary.
SEC. 1904. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as are
necessary to carry out this subtitle.
Subtitle N--Rocky Mountain National Park Wilderness, Colorado
SEC. 1951. DEFINITIONS.
In this subtitle:
(1) Map.--The term ``map'' means the map entitled ``Rocky
Mountain National Park Wilderness Act of 2007'' and dated
September 2006.
(2) Park.--The term ``Park'' means Rocky Mountain National
Park located in the State of Colorado.
(3) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(4) Trail.--The term ``Trail'' means the East Shore Trail
established under section 1954(a).
(5) Wilderness.--The term ``Wilderness'' means the
wilderness designated by section 1952(a).
SEC. 1952. ROCKY MOUNTAIN NATIONAL PARK WILDERNESS, COLORADO.
(a) Designation.--In furtherance of the purposes of the
Wilderness Act (16 U.S.C. 1131 et seq.), there is designated
as wilderness and as a component of the National Wilderness
Preservation System approximately 249,339 acres of land in
the Park, as generally depicted on the map.
(b) Map and Boundary Description.--
(1) In general.--As soon as practicable after the date of
enactment of this Act, the Secretary shall--
(A) prepare a map and boundary description of the
Wilderness; and
(B) submit the map and boundary description prepared under
subparagraph (A) to the Committee on Energy and Natural
Resources of the Senate and the Committee on Natural
Resources of the House of Representatives.
(2) Availability; force of law.--The map and boundary
description submitted under paragraph (1)(B) shall--
(A) be on file and available for public inspection in
appropriate offices of the National Park Service; and
(B) have the same force and effect as if included in this
subtitle.
(c) Inclusion of Potential Wilderness.--
(1) In general.--On publication in the Federal Register of
a notice by the Secretary that all uses inconsistent with the
Wilderness Act (16 U.S.C. 1131 et seq.) have ceased on the
land identified on the map as a ``Potential Wilderness
Area'', the land shall be--
(A) included in the Wilderness; and
(B) administered in accordance with subsection (e).
(2) Boundary description.--On inclusion in the Wilderness
of the land referred to in paragraph (1), the Secretary shall
modify the map and boundary description submitted under
subsection (b) to reflect the inclusion of the land.
(d) Exclusion of Certain Land.--The following areas are
specifically excluded from the Wilderness:
(1) The Grand River Ditch (including the main canal of the
Grand River Ditch and a branch of the main canal known as the
Specimen Ditch), the right-of-way for the Grand River Ditch,
land 200 feet on each side of the center line of the Grand
River Ditch, and any associated appurtenances, structures,
buildings, camps, and work sites in existence as of June 1,
1998.
(2) Land owned by the St. Vrain & Left Hand Water
Conservancy District, including Copeland Reservoir and the
Inlet Ditch to the Reservoir from North St. Vrain Creek,
comprising approximately 35.38 acres.
(3) Land owned by the Wincenstsen-Harms Trust, comprising
approximately 2.75 acres.
(4) Land within the area depicted on the map as the ``East
Shore Trail Area''.
(e) Administration.--Subject to valid existing rights, any
land designated as wilderness under this section or added to
the Wilderness after the date of enactment of this Act under
subsection (c) shall be administered by the Secretary in
accordance with this subtitle and the Wilderness Act (16
U.S.C. 1131 et seq.), except that--
(1) any reference in the Wilderness Act (16 U.S.C. 1131 et
seq.) to the effective date of that Act shall be considered
to be a reference to the date of enactment of this Act, or
the date on which the additional land is added to the
Wilderness, respectively; and
(2) any reference in the Wilderness Act (16 U.S.C. 1131 et
seq.) to the Secretary of Agriculture shall be considered to
be a reference to the Secretary.
(f) Water Rights.--
(1) Findings.--Congress finds that--
(A) the United States has existing rights to water within
the Park;
(B) the existing water rights are sufficient for the
purposes of the Wilderness; and
(C) based on the findings described in subparagraphs (A)
and (B), there is no need for the United States to reserve or
appropriate any additional water rights to fulfill the
purposes of the Wilderness.
(2) Effect.--Nothing in this subtitle--
(A) constitutes an express or implied reservation by the
United States of water or water rights for any purpose; or
(B) modifies or otherwise affects any existing water rights
held by the United States for the Park.
(g) Fire, Insect, and Disease Control.--The Secretary may
take such measures in the Wilderness as are necessary to
control fire, insects, and diseases, as are provided for in
accordance with--
(1) the laws applicable to the Park; and
(2) the Wilderness Act (16 U.S.C. 1131 et seq.).
SEC. 1953. GRAND RIVER DITCH AND COLORADO-BIG THOMPSON
PROJECTS.
(a) Conditional Waiver of Strict Liability.--During any
period in which the Water Supply and Storage Company (or any
successor in interest to the company with respect to the
Grand River Ditch) operates and maintains the portion of the
Grand River Ditch in the Park in compliance with an
operations and maintenance agreement between the Water Supply
and Storage Company and the National Park Service, the
provisions of paragraph (6) of the stipulation approved June
28, 1907--
(1) shall be suspended; and
(2) shall not be enforceable against the Company (or any
successor in interest).
(b) Agreement.--The agreement referred to in subsection (a)
shall--
(1) ensure that--
(A) Park resources are managed in accordance with the laws
generally applicable to the Park, including--
(i) the Act of January 26, 1915 (16 U.S.C. 191 et seq.);
and
(ii) the National Park Service Organic Act (16 U.S.C. 1 et
seq.);
(B) Park land outside the right-of-way corridor remains
unimpaired consistent with the National Park Service
management policies in effect as of the date of enactment of
this Act; and
(C) any use of Park land outside the right-of-way corridor
(as of the date of enactment of this Act) shall be permitted
only on a temporary basis, subject to such terms and
conditions as the Secretary determines to be necessary; and
(2) include stipulations with respect to--
(A) flow monitoring and early warning measures;
(B) annual and periodic inspections;
(C) an annual maintenance plan;
(D) measures to identify on an annual basis capital
improvement needs; and
(E) the development of plans to address the needs
identified under subparagraph (D).
(c) Limitation.--Nothing in this section limits or
otherwise affects--
(1) the liability of any individual or entity for damages
to, loss of, or injury to any resource within the Park
resulting from any cause or event that occurred before the
date of enactment of this Act; or
(2) Public Law 101-337 (16 U.S.C. 19jj et seq.), including
the defenses available under that Act for damage caused--
(A) solely by--
(i) an act of God;
(ii) an act of war; or
(iii) an act or omission of a third party (other than an
employee or agent); or
[[Page 8623]]
(B) by an activity authorized by Federal or State law.
(d) Colorado-Big Thompson Project and Windy Gap Project.--
(1) In general.--Nothing in this subtitle, including the
designation of the Wilderness, prohibits or affects current
and future operation and maintenance activities in, under, or
affecting the Wilderness that were allowed as of the date of
enactment of this Act under the Act of January 26, 1915 (16
U.S.C. 191), relating to the Alva B. Adams Tunnel or other
Colorado-Big Thompson Project facilities located within the
Park.
(2) Alva b. adams tunnel.--Nothing in this subtitle,
including the designation of the Wilderness, prohibits or
restricts the conveyance of water through the Alva B. Adams
Tunnel for any purpose.
(e) Right-of-Way.--Notwithstanding the Act of March 3, 1891
(43 U.S.C. 946) and the Act of May 11, 1898 (43 U.S.C. 951),
the right of way for the Grand River Ditch shall not be
terminated, forfeited, or otherwise affected as a result of
the water transported by the Grand River Ditch being used
primarily for domestic purposes or any purpose of a public
nature, unless the Secretary determines that the change in
the main purpose or use adversely affects the Park.
(f) New Reclamation Projects.--Nothing in the first section
of the Act of January 26, 1915 (16 U.S.C. 191), shall be
construed to allow development in the Wilderness of any
reclamation project not in existence as of the date of
enactment of this Act.
(g) Clarification of Management Authority.--Nothing in this
section reduces or limits the authority of the Secretary to
manage land and resources within the Park under applicable
law.
SEC. 1954. EAST SHORE TRAIL AREA.
(a) In General.--Not later than 1 year after the date of
enactment of this Act, the Secretary shall establish within
the East Shore Trail Area in the Park an alignment line for a
trail, to be known as the ``East Shore Trail'', to maximize
the opportunity for sustained use of the Trail without
causing--
(1) harm to affected resources; or
(2) conflicts among users.
(b) Boundaries.--
(1) In general.--After establishing the alignment line for
the Trail under subsection (a), the Secretary shall--
(A) identify the boundaries of the Trail, which shall not
extend more than 25 feet east of the alignment line or be
located within the Wilderness; and
(B) modify the map of the Wilderness prepared under section
1952(b)(1)(A) so that the western boundary of the Wilderness
is 50 feet east of the alignment line.
(2) Adjustments.--To the extent necessary to protect Park
resources, the Secretary may adjust the boundaries of the
Trail, if the adjustment does not place any portion of the
Trail within the boundary of the Wilderness.
(c) Inclusion in Wilderness.--On completion of the
construction of the Trail, as authorized by the Secretary--
(1) any portion of the East Shore Trail Area that is not
traversed by the Trail, that is not west of the Trail, and
that is not within 50 feet of the centerline of the Trail
shall be--
(A) included in the Wilderness; and
(B) managed as part of the Wilderness in accordance with
section 1952; and
(2) the Secretary shall modify the map and boundary
description of the Wilderness prepared under section
1952(b)(1)(A) to reflect the inclusion of the East Shore
Trail Area land in the Wilderness.
(d) Effect.--Nothing in this section--
(1) requires the construction of the Trail along the
alignment line established under subsection (a); or
(2) limits the extent to which any otherwise applicable law
or policy applies to any decision with respect to the
construction of the Trail.
(e) Relation to Land Outside Wilderness.--
(1) In general.--Except as provided in this subsection,
nothing in this subtitle affects the management or use of any
land not included within the boundaries of the Wilderness or
the potential wilderness land.
(2) Motorized vehicles and machinery.--No use of motorized
vehicles or other motorized machinery that was not permitted
on March 1, 2006, shall be allowed in the East Shore Trail
Area except as the Secretary determines to be necessary for
use in--
(A) constructing the Trail, if the construction is
authorized by the Secretary; or
(B) maintaining the Trail.
(3) Management of land before inclusion.--Until the
Secretary authorizes the construction of the Trail and the
use of the Trail for non-motorized bicycles, the East Shore
Trail Area shall be managed--
(A) to protect any wilderness characteristics of the East
Shore Trail Area; and
(B) to maintain the suitability of the East Shore Trail
Area for inclusion in the Wilderness.
SEC. 1955. NATIONAL FOREST AREA BOUNDARY ADJUSTMENTS.
(a) Indian Peaks Wilderness Boundary Adjustment.--Section
3(a) of the Indian Peaks Wilderness Area, the Arapaho
National Recreation Area and the Oregon Islands Wilderness
Area Act (16 U.S.C. 1132 note; Public Law 95-450) is
amended--
(1) by striking ``seventy thousand acres'' and inserting
``74,195 acres''; and
(2) by striking ``, dated July 1978'' and inserting ``and
dated May 2007''.
(b) Arapaho National Recreation Area Boundary Adjustment.--
Section 4(a) of the Indian Peaks Wilderness Area, the Arapaho
National Recreation Area and the Oregon Islands Wilderness
Area Act (16 U.S.C. 460jj(a)) is amended--
(1) by striking ``thirty-six thousand two hundred thirty-
five acres'' and inserting ``35,235 acres''; and
(2) by striking ``, dated July 1978'' and inserting ``and
dated May 2007''.
SEC. 1956. AUTHORITY TO LEASE LEIFFER TRACT.
(a) In General.--Section 3(k) of Public Law 91-383 (16
U.S.C. 1a-2(k)) shall apply to the parcel of land described
in subsection (b).
(b) Description of the Land.--The parcel of land referred
to in subsection (a) is the parcel of land known as the
``Leiffer tract'' that is--
(1) located near the eastern boundary of the Park in
Larimer County, Colorado; and
(2) administered by the National Park Service.
Subtitle O--Washington County, Utah
SEC. 1971. DEFINITIONS.
In this subtitle:
(1) Beaver dam wash national conservation area map.--The
term ``Beaver Dam Wash National Conservation Area Map'' means
the map entitled ``Beaver Dam Wash National Conservation
Area'' and dated December 18, 2008.
(2) Canaan mountain wilderness map.--The term ``Canaan
Mountain Wilderness Map'' means the map entitled ``Canaan
Mountain Wilderness'' and dated June 21, 2008.
(3) County.--The term ``County'' means Washington County,
Utah.
(4) Northeastern washington county wilderness map.--The
term ``Northeastern Washington County Wilderness Map'' means
the map entitled ``Northeastern Washington County
Wilderness'' and dated November 12, 2008.
(5) Northwestern washington county wilderness map.--The
term ``Northwestern Washington County Wilderness Map'' means
the map entitled ``Northwestern Washington County
Wilderness'' and dated June 21, 2008.
(6) Red cliffs national conservation area map.--The term
``Red Cliffs National Conservation Area Map'' means the map
entitled ``Red Cliffs National Conservation Area'' and dated
November 12, 2008.
(7) Secretary.--The term ``Secretary'' means--
(A) with respect to land under the jurisdiction of the
Secretary of Agriculture, the Secretary of Agriculture; and
(B) with respect to land under the jurisdiction of the
Secretary of the Interior, the Secretary of the Interior.
(8) State.--The term ``State'' means the State of Utah.
(9) Washington county growth and conservation act map.--The
term ``Washington County Growth and Conservation Act Map''
means the map entitled ``Washington County Growth and
Conservation Act Map'' and dated November 13, 2008.
SEC. 1972. WILDERNESS AREAS.
(a) Additions to National Wilderness Preservation System.--
(1) Additions.--Subject to valid existing rights, the
following land in the State is designated as wilderness and
as components of the National Wilderness Preservation System:
(A) Beartrap canyon.--Certain Federal land managed by the
Bureau of Land Management, comprising approximately 40 acres,
as generally depicted on the Northeastern Washington County
Wilderness Map, which shall be known as the ``Beartrap Canyon
Wilderness''.
(B) Blackridge.--Certain Federal land managed by the Bureau
of Land Management, comprising approximately 13,015 acres, as
generally depicted on the Northeastern Washington County
Wilderness Map, which shall be known as the ``Blackridge
Wilderness''.
(C) Canaan mountain.--Certain Federal land in the County
managed by the Bureau of Land Management, comprising
approximately 44,531 acres, as generally depicted on the
Canaan Mountain Wilderness Map, which shall be known as the
``Canaan Mountain Wilderness''.
(D) Cottonwood canyon.--Certain Federal land managed by the
Bureau of Land Management, comprising approximately 11,712
acres, as generally depicted on the Red Cliffs National
Conservation Area Map, which shall be known as the
``Cottonwood Canyon Wilderness''.
(E) Cottonwood forest.--Certain Federal land managed by the
Forest Service, comprising approximately 2,643 acres, as
generally depicted on the Red Cliffs National Conservation
Area Map, which shall be known as the ``Cottonwood Forest
Wilderness''.
(F) Cougar canyon.--Certain Federal land managed by the
Bureau of Land Management, comprising approximately 10,409
acres, as generally depicted on the Northwestern Washington
County Wilderness Map, which shall be known as the ``Cougar
Canyon Wilderness''.
(G) Deep creek.--Certain Federal land managed by the Bureau
of Land Management, comprising approximately 3,284 acres, as
generally depicted on the Northeastern Washington County
Wilderness Map, which shall be known as the ``Deep Creek
Wilderness''.
(H) Deep creek north.--Certain Federal land managed by the
Bureau of Land Management, comprising approximately 4,262
acres, as generally depicted on the Northeastern Washington
County Wilderness Map, which shall be known as the ``Deep
Creek North Wilderness''.
(I) Doc's pass.--Certain Federal land managed by the Bureau
of Land Management, comprising approximately 17,294 acres, as
generally depicted on the Northwestern Washington County
Wilderness Map, which shall be known as the ``Doc's Pass
Wilderness''.
[[Page 8624]]
(J) Goose creek.--Certain Federal land managed by the
Bureau of Land Management, comprising approximately 98 acres,
as generally depicted on the Northeastern Washington County
Wilderness Map, which shall be known as the ``Goose Creek
Wilderness''.
(K) Laverkin creek.--Certain Federal land managed by the
Bureau of Land Management, comprising approximately 445
acres, as generally depicted on the Northeastern Washington
County Wilderness Map, which shall be known as the ``LaVerkin
Creek Wilderness''.
(L) Red butte.--Certain Federal land managed by the Bureau
of Land Management, comprising approximately 1,537 acres, as
generally depicted on the Northeastern Washington County
Wilderness Map, which shall be known as the ``Red Butte
Wilderness''.
(M) Red mountain.--Certain Federal land managed by the
Bureau of Land Management, comprising approximately 18,729
acres, as generally depicted on the Red Cliffs National
Conservation Area Map, which shall be known as the ``Red
Mountain Wilderness''.
(N) Slaughter creek.--Certain Federal land managed by the
Bureau of Land Management, comprising approximately 3,901
acres, as generally depicted on the Northwestern Washington
County Wilderness Map, which shall be known as the
``Slaughter Creek Wilderness''.
(O) Taylor creek.--Certain Federal land managed by the
Bureau of Land Management, comprising approximately 32 acres,
as generally depicted on the Northeastern Washington County
Wilderness Map, which shall be known as the ``Taylor Creek
Wilderness''.
(2) Maps and legal descriptions.--
(A) In general.--As soon as practicable after the date of
enactment of this Act, the Secretary shall submit to the
Committee on Energy and Natural Resources of the Senate and
the Committee on Natural Resources of the House of
Representatives a map and legal description of each
wilderness area designated by paragraph (1).
(B) Force and effect.--Each map and legal description
submitted under subparagraph (A) shall have the same force
and effect as if included in this subtitle, except that the
Secretary may correct any clerical or typographical errors in
the map or legal description.
(C) Availability.--Each map and legal description submitted
under subparagraph (A) shall be available in the appropriate
offices of--
(i) the Bureau of Land Management; and
(ii) the Forest Service.
(b) Administration of Wilderness Areas.--
(1) Management.--Subject to valid existing rights, each
area designated as wilderness by subsection (a)(1) shall be
administered by the Secretary in accordance with the
Wilderness Act (16 U.S.C. 1131 et seq.), except that--
(A) any reference in the Wilderness Act to the effective
date of that Act shall be considered to be a reference to the
date of enactment of this Act; and
(B) any reference in the Wilderness Act to the Secretary of
Agriculture shall be considered to be a reference to the
Secretary that has jurisdiction over the land.
(2) Livestock.--The grazing of livestock in each area
designated as wilderness by subsection (a)(1), where
established before the date of enactment of this Act, shall
be permitted to continue--
(A) subject to such reasonable regulations, policies, and
practices that the Secretary considers necessary; and
(B) in accordance with--
(i) section 4(d)(4) of the Wilderness Act (16 U.S.C.
1133(d)(4)); and
(ii) the guidelines set forth in Appendix A of the report
of the Committee on Interior and Insular Affairs of the House
of Representatives accompanying H.R. 2570 of the 101st
Congress (H.Rep. 101-405) and H.R. 5487 of the 96th Congress
(H. Rept. 96-617).
(3) Wildfire, insect, and disease management.--In
accordance with section 4(d)(1) of the Wilderness Act (16
U.S.C. 1133(d)(1)), the Secretary may take such measures in
each area designated as wilderness by subsection (a)(1) as
the Secretary determines to be necessary for the control of
fire, insects, and diseases (including, as the Secretary
determines to be appropriate, the coordination of those
activities with a State or local agency).
(4) Buffer zones.--
(A) In general.--Nothing in this section creates a
protective perimeter or buffer zone around any area
designated as wilderness by subsection (a)(1).
(B) Activities outside wilderness.--The fact that an
activity or use on land outside any area designated as
wilderness by subsection (a)(1) can be seen or heard within
the wilderness shall not preclude the activity or use outside
the boundary of the wilderness.
(5) Military overflights.--Nothing in this section
restricts or precludes--
(A) low-level overflights of military aircraft over any
area designated as wilderness by subsection (a)(1), including
military overflights that can be seen or heard within any
wilderness area;
(B) flight testing and evaluation; or
(C) the designation or creation of new units of special use
airspace, or the establishment of military flight training
routes over any wilderness area.
(6) Acquisition and incorporation of land and interests in
land.--
(A) Acquisition authority.--In accordance with applicable
laws (including regulations), the Secretary may acquire any
land or interest in land within the boundaries of the
wilderness areas designated by subsection (a)(1) by purchase
from willing sellers, donation, or exchange.
(B) Incorporation.--Any land or interest in land acquired
by the Secretary under subparagraph (A) shall be incorporated
into, and administered as a part of, the wilderness area in
which the land or interest in land is located.
(7) Native american cultural and religious uses.--Nothing
in this section diminishes--
(A) the rights of any Indian tribe; or
(B) any tribal rights regarding access to Federal land for
tribal activities, including spiritual, cultural, and
traditional food-gathering activities.
(8) Climatological data collection.--In accordance with the
Wilderness Act (16 U.S.C. 1131 et seq.) and subject to such
terms and conditions as the Secretary may prescribe, the
Secretary may authorize the installation and maintenance of
hydrologic, meteorologic, or climatological collection
devices in the wilderness areas designated by subsection
(a)(1) if the Secretary determines that the facilities and
access to the facilities are essential to flood warning,
flood control, or water reservoir operation activities.
(9) Water rights.--
(A) Statutory construction.--Nothing in this section--
(i) shall constitute or be construed to constitute either
an express or implied reservation by the United States of any
water or water rights with respect to the land designated as
wilderness by subsection (a)(1);
(ii) shall affect any water rights in the State existing on
the date of enactment of this Act, including any water rights
held by the United States;
(iii) shall be construed as establishing a precedent with
regard to any future wilderness designations;
(iv) shall affect the interpretation of, or any designation
made pursuant to, any other Act; or
(v) shall be construed as limiting, altering, modifying, or
amending any of the interstate compacts or equitable
apportionment decrees that apportion water among and between
the State and other States.
(B) State water law.--The Secretary shall follow the
procedural and substantive requirements of the law of the
State in order to obtain and hold any water rights not in
existence on the date of enactment of this Act with respect
to the wilderness areas designated by subsection (a)(1).
(10) Fish and wildlife.--
(A) Jurisdiction of state.--Nothing in this section affects
the jurisdiction of the State with respect to fish and
wildlife on public land located in the State.
(B) Authority of secretary.--In furtherance of the purposes
and principles of the Wilderness Act (16 U.S.C. 1131 et
seq.), the Secretary may carry out management activities to
maintain or restore fish and wildlife populations (including
activities to maintain and restore fish and wildlife habitats
to support the populations) in any wilderness area designated
by subsection (a)(1) if the activities are--
(i) consistent with applicable wilderness management plans;
and
(ii) carried out in accordance with--
(I) the Wilderness Act (16 U.S.C. 1131 et seq.); and
(II) applicable guidelines and policies, including
applicable policies described in Appendix B of House Report
101-405.
(11) Wildlife water development projects.--Subject to
paragraph (12), the Secretary may authorize structures and
facilities, including existing structures and facilities, for
wildlife water development projects, including guzzlers, in
the wilderness areas designated by subsection (a)(1) if--
(A) the structures and facilities will, as determined by
the Secretary, enhance wilderness values by promoting
healthy, viable, and more naturally distributed wildlife
populations; and
(B) the visual impacts of the structures and facilities on
the wilderness areas can reasonably be minimized.
(12) Cooperative agreement.--Not later than 1 year after
the date of enactment of this Act, the Secretary shall enter
into a cooperative agreement with the State that specifies
the terms and conditions under which wildlife management
activities in the wilderness areas designated by subsection
(a)(1) may be carried out.
(c) Release of Wilderness Study Areas.--
(1) Finding.--Congress finds that, for the purposes of
section 603 of the Federal Land Policy and Management Act of
1976 (43 U.S.C. 1782), the public land in the County
administered by the Bureau of Land Management has been
adequately studied for wilderness designation.
(2) Release.--Any public land described in paragraph (1)
that is not designated as wilderness by subsection (a)(1)--
(A) is no longer subject to section 603(c) of the Federal
Land Policy and Management Act of 1976 (43 U.S.C. 1782(c));
and
(B) shall be managed in accordance with applicable law and
the land management plans adopted under section 202 of that
Act (43 U.S.C. 1712).
(d) Transfer of Administrative Jurisdiction to National
Park Service.--Administrative jurisdiction over the land
identified as the Watchman Wilderness on the Northeastern
Washington County Wilderness Map is hereby transferred to the
National Park Service, to be included in, and administered as
part of Zion National Park.
SEC. 1973. ZION NATIONAL PARK WILDERNESS.
(a) Definitions.--In this section:
[[Page 8625]]
(1) Federal land.--The term ``Federal land'' means certain
Federal land--
(A) that is--
(i) located in the County and Iron County, Utah; and
(ii) managed by the National Park Service;
(B) consisting of approximately 124,406 acres; and
(C) as generally depicted on the Zion National Park
Wilderness Map and the area added to the park under section
1972(d).
(2) Wilderness area.--The term ``Wilderness Area'' means
the Zion Wilderness designated by subsection (b)(1).
(3) Zion national park wilderness map.--The term ``Zion
National Park Wilderness Map'' means the map entitled ``Zion
National Park Wilderness'' and dated April 2008.
(b) Zion National Park Wilderness.--
(1) Designation.--Subject to valid existing rights, the
Federal land is designated as wilderness and as a component
of the National Wilderness Preservation System, to be known
as the ``Zion Wilderness''.
(2) Incorporation of acquired land.--Any land located in
the Zion National Park that is acquired by the Secretary
through a voluntary sale, exchange, or donation may, on the
recommendation of the Secretary, become part of the
Wilderness Area, in accordance with the Wilderness Act (16
U.S.C. 1131 et seq.).
(3) Map and legal description.--
(A) In general.--As soon as practicable after the date of
enactment of this Act, the Secretary shall submit to the
Committee on Energy and Natural Resources of the Senate and
the Committee on Natural Resources of the House of
Representatives a map and legal description of the Wilderness
Area.
(B) Force and effect.--The map and legal description
submitted under subparagraph (A) shall have the same force
and effect as if included in this Act, except that the
Secretary may correct any clerical or typographical errors in
the map or legal description.
(C) Availability.--The map and legal description submitted
under subparagraph (A) shall be available in the appropriate
offices of the National Park Service.
SEC. 1974. RED CLIFFS NATIONAL CONSERVATION AREA.
(a) Purposes.--The purposes of this section are--
(1) to conserve, protect, and enhance for the benefit and
enjoyment of present and future generations the ecological,
scenic, wildlife, recreational, cultural, historical,
natural, educational, and scientific resources of the
National Conservation Area; and
(2) to protect each species that is--
(A) located in the National Conservation Area; and
(B) listed as a threatened or endangered species on the
list of threatened species or the list of endangered species
published under section 4(c)(1) of the Endangered Species Act
of 1973 (16 U.S.C. 1533(c)(1)).
(b) Definitions.--In this section:
(1) Habitat conservation plan.--The term ``habitat
conservation plan'' means the conservation plan entitled
``Washington County Habitat Conservation Plan'' and dated
February 23, 1996.
(2) Management plan.--The term ``management plan'' means
the management plan for the National Conservation Area
developed by the Secretary under subsection (d)(1).
(3) National conservation area.--The term ``National
Conservation Area'' means the Red Cliffs National
Conservation Area that--
(A) consists of approximately 44,725 acres of public land
in the County, as generally depicted on the Red Cliffs
National Conservation Area Map; and
(B) is established by subsection (c).
(4) Public use plan.--The term ``public use plan'' means
the use plan entitled ``Red Cliffs Desert Reserve Public Use
Plan'' and dated June 12, 2000, as amended.
(5) Resource management plan.--The term ``resource
management plan'' means the management plan entitled ``St.
George Field Office Resource Management Plan'' and dated
March 15, 1999, as amended.
(c) Establishment.--Subject to valid existing rights, there
is established in the State the Red Cliffs National
Conservation Area.
(d) Management Plan.--
(1) In general.--Not later than 3 years after the date of
enactment of this Act and in accordance with paragraph (2),
the Secretary shall develop a comprehensive plan for the
long-term management of the National Conservation Area.
(2) Consultation.--In developing the management plan
required under paragraph (1), the Secretary shall consult
with--
(A) appropriate State, tribal, and local governmental
entities; and
(B) members of the public.
(3) Incorporation of plans.--In developing the management
plan required under paragraph (1), to the extent consistent
with this section, the Secretary may incorporate any
provision of--
(A) the habitat conservation plan;
(B) the resource management plan; and
(C) the public use plan.
(e) Management.--
(1) In general.--The Secretary shall manage the National
Conservation Area--
(A) in a manner that conserves, protects, and enhances the
resources of the National Conservation Area; and
(B) in accordance with--
(i) the Federal Land Policy and Management Act of 1976 (43
U.S.C. 1701 et seq.);
(ii) this section; and
(iii) any other applicable law (including regulations).
(2) Uses.--The Secretary shall only allow uses of the
National Conservation Area that the Secretary determines
would further a purpose described in subsection (a).
(3) Motorized vehicles.--Except in cases in which motorized
vehicles are needed for administrative purposes, or to
respond to an emergency, the use of motorized vehicles in the
National Conservation Area shall be permitted only on roads
designated by the management plan for the use of motorized
vehicles.
(4) Grazing.--The grazing of livestock in the National
Conservation Area, where established before the date of
enactment of this Act, shall be permitted to continue--
(A) subject to--
(i) such reasonable regulations, policies, and practices as
the Secretary considers necessary; and
(ii) applicable law; and
(B) in a manner consistent with the purposes described in
subsection (a).
(5) Wildland fire operations.--Nothing in this section
prohibits the Secretary, in cooperation with other Federal,
State, and local agencies, as appropriate, from conducting
wildland fire operations in the National Conservation Area,
consistent with the purposes of this section.
(f) Incorporation of Acquired Land and Interests.--Any land
or interest in land that is located in the National
Conservation Area that is acquired by the United States
shall--
(1) become part of the National Conservation Area; and
(2) be managed in accordance with--
(A) the Federal Land Policy and Management Act of 1976 (43
U.S.C. 1701 et seq.);
(B) this section; and
(C) any other applicable law (including regulations).
(g) Withdrawal.--
(1) In general.--Subject to valid existing rights, all
Federal land located in the National Conservation Area are
withdrawn from--
(A) all forms of entry, appropriation, and disposal under
the public land laws;
(B) location, entry, and patenting under the mining laws;
and
(C) operation of the mineral leasing, mineral materials,
and geothermal leasing laws.
(2) Additional land.--If the Secretary acquires additional
land that is located in the National Conservation Area after
the date of enactment of this Act, the land is withdrawn from
operation of the laws referred to in paragraph (1) on the
date of acquisition of the land.
(h) Effect.--Nothing in this section prohibits the
authorization of the development of utilities within the
National Conservation Area if the development is carried out
in accordance with--
(1) each utility development protocol described in the
habitat conservation plan; and
(2) any other applicable law (including regulations).
SEC. 1975. BEAVER DAM WASH NATIONAL CONSERVATION AREA.
(a) Purpose.--The purpose of this section is to conserve,
protect, and enhance for the benefit and enjoyment of present
and future generations the ecological, scenic, wildlife,
recreational, cultural, historical, natural, educational, and
scientific resources of the Beaver Dam Wash National
Conservation Area.
(b) Definitions.--In this section:
(1) Management plan.--The term ``management plan'' means
the management plan for the National Conservation Area
developed by the Secretary under subsection (d)(1).
(2) National conservation area.--The term ``National
Conservation Area'' means the Beaver Dam Wash National
Conservation Area that--
(A) consists of approximately 68,083 acres of public land
in the County, as generally depicted on the Beaver Dam Wash
National Conservation Area Map; and
(B) is established by subsection (c).
(c) Establishment.--Subject to valid existing rights, there
is established in the State the Beaver Dam Wash National
Conservation Area.
(d) Management Plan.--
(1) In general.--Not later than 3 years after the date of
enactment of this Act and in accordance with paragraph (2),
the Secretary shall develop a comprehensive plan for the
long-term management of the National Conservation Area.
(2) Consultation.--In developing the management plan
required under paragraph (1), the Secretary shall consult
with--
(A) appropriate State, tribal, and local governmental
entities; and
(B) members of the public.
(3) Motorized vehicles.--In developing the management plan
required under paragraph (1), the Secretary shall incorporate
the restrictions on motorized vehicles described in
subsection (e)(3).
(e) Management.--
(1) In general.--The Secretary shall manage the National
Conservation Area--
(A) in a manner that conserves, protects, and enhances the
resources of the National Conservation Area; and
(B) in accordance with--
(i) the Federal Land Policy and Management Act of 1976 (43
U.S.C. 1701 et seq.);
(ii) this section; and
(iii) any other applicable law (including regulations).
(2) Uses.--The Secretary shall only allow uses of the
National Conservation Area that the Secretary determines
would further the purpose described in subsection (a).
[[Page 8626]]
(3) Motorized vehicles.--
(A) In general.--Except in cases in which motorized
vehicles are needed for administrative purposes, or to
respond to an emergency, the use of motorized vehicles in the
National Conservation Area shall be permitted only on roads
designated by the management plan for the use of motorized
vehicles.
(B) Additional requirement relating to certain areas
located in the national conservation area.--In addition to
the requirement described in subparagraph (A), with respect
to the areas designated on the Beaver Dam Wash National
Conservation Area Map as ``Designated Road Areas'', motorized
vehicles shall be permitted only on the roads identified on
such map.
(4) Grazing.--The grazing of livestock in the National
Conservation Area, where established before the date of
enactment of this Act, shall be permitted to continue--
(A) subject to--
(i) such reasonable regulations, policies, and practices as
the Secretary considers necessary; and
(ii) applicable law (including regulations); and
(B) in a manner consistent with the purpose described in
subsection (a).
(5) Wildland fire operations.--Nothing in this section
prohibits the Secretary, in cooperation with other Federal,
State, and local agencies, as appropriate, from conducting
wildland fire operations in the National Conservation Area,
consistent with the purposes of this section.
(f) Incorporation of Acquired Land and Interests.--Any land
or interest in land that is located in the National
Conservation Area that is acquired by the United States
shall--
(1) become part of the National Conservation Area; and
(2) be managed in accordance with--
(A) the Federal Land Policy and Management Act of 1976 (43
U.S.C. 1701 et seq.);
(B) this section; and
(C) any other applicable law (including regulations).
(g) Withdrawal.--
(1) In general.--Subject to valid existing rights, all
Federal land located in the National Conservation Area is
withdrawn from--
(A) all forms of entry, appropriation, and disposal under
the public land laws;
(B) location, entry, and patenting under the mining laws;
and
(C) operation of the mineral leasing, mineral materials,
and geothermal leasing laws.
(2) Additional land.--If the Secretary acquires additional
land that is located in the National Conservation Area after
the date of enactment of this Act, the land is withdrawn from
operation of the laws referred to in paragraph (1) on the
date of acquisition of the land.
SEC. 1976. ZION NATIONAL PARK WILD AND SCENIC RIVER
DESIGNATION.
(a) Designation.--Section 3(a) of the Wild and Scenic
Rivers Act (16 U.S.C. 1274(a)) (as amended by section 1852)
is amended by adding at the end the following:
``(204) Zion national park, utah.--The approximately 165.5
miles of segments of the Virgin River and tributaries of the
Virgin River across Federal land within and adjacent to Zion
National Park, as generally depicted on the map entitled
`Wild and Scenic River Segments Zion National Park and Bureau
of Land Management' and dated April 2008, to be administered
by the Secretary of the Interior in the following
classifications:
``(A) Taylor creek.--The 4.5-mile segment from the junction
of the north, middle, and south forks of Taylor Creek, west
to the park boundary and adjacent land rim-to-rim, as a
scenic river.
``(B) North fork of taylor creek.--The segment from the
head of North Fork to the junction with Taylor Creek and
adjacent land rim-to-rim, as a wild river.
``(C) Middle fork of taylor creek.--The segment from the
head of Middle Fork on Bureau of Land Management land to the
junction with Taylor Creek and adjacent land rim-to-rim, as a
wild river.
``(D) South fork of taylor creek.--The segment from the
head of South Fork to the junction with Taylor Creek and
adjacent land rim-to-rim, as a wild river.
``(E) Timber creek and tributaries.--The 3.1-mile segment
from the head of Timber Creek and tributaries of Timber Creek
to the junction with LaVerkin Creek and adjacent land rim-to-
rim, as a wild river.
``(F) Laverkin creek.--The 16.1-mile segment beginning in
T. 38 S., R. 11 W., sec. 21, on Bureau of Land Management
land, southwest through Zion National Park, and ending at the
south end of T. 40 S., R. 12 W., sec. 7, and adjacent land
\1/2\-mile wide, as a wild river.
``(G) Willis creek.--The 1.9-mile segment beginning on
Bureau of Land Management land in the SWSW sec. 27, T. 38 S.,
R. 11 W., to the junction with LaVerkin Creek in Zion
National Park and adjacent land rim-to-rim, as a wild river.
``(H) Beartrap canyon.--The 2.3-mile segment beginning on
Bureau of Management land in the SWNW sec. 3, T. 39 S., R. 11
W., to the junction with LaVerkin Creek and the segment from
the headwaters north of Long Point to the junction with
LaVerkin Creek and adjacent land rim-to-rim, as a wild river.
``(I) Hop valley creek.--The 3.3-mile segment beginning at
the southern boundary of T. 39 S., R. 11 W., sec. 20, to the
junction with LaVerkin Creek and adjacent land \1/2\-mile
wide, as a wild river.
``(J) Current creek.--The 1.4-mile segment from the head of
Current Creek to the junction with LaVerkin Creek and
adjacent land rim-to-rim, as a wild river.
``(K) Cane creek.--The 0.6-mile segment from the head of
Smith Creek to the junction with LaVerkin Creek and adjacent
land \1/2\-mile wide, as a wild river.
``(L) Smith creek.--The 1.3-mile segment from the head of
Smith Creek to the junction with LaVerkin Creek and adjacent
land \1/2\-mile wide, as a wild river.
``(M) North creek left and right forks.--The segment of the
Left Fork from the junction with Wildcat Canyon to the
junction with Right Fork, from the head of Right Fork to the
junction with Left Fork, and from the junction of the Left
and Right Forks southwest to Zion National Park boundary and
adjacent land rim-to-rim, as a wild river.
``(N) Wildcat canyon (blue creek).--The segment of Blue
Creek from the Zion National Park boundary to the junction
with the Right Fork of North Creek and adjacent land rim-to-
rim, as a wild river.
``(O) Little creek.--The segment beginning at the head of
Little Creek to the junction with the Left Fork of North
Creek and adjacent land \1/2\-mile wide, as a wild river.
``(P) Russell gulch.--The segment from the head of Russell
Gulch to the junction with the Left Fork of North Creek and
adjacent land rim-to-rim, as a wild river.
``(Q) Grapevine wash.--The 2.6-mile segment from the Lower
Kolob Plateau to the junction with the Left Fork of North
Creek and adjacent land rim-to-rim, as a scenic river.
``(R) Pine spring wash.--The 4.6-mile segment to the
junction with the left fork of North Creek and adjacent land
\1/2\-mile, as a scenic river.
``(S) Wolf springs wash.--The 1.4-mile segment from the
head of Wolf Springs Wash to the junction with Pine Spring
Wash and adjacent land \1/2\-mile wide, as a scenic river.
``(T) Kolob creek.--The 5.9-mile segment of Kolob Creek
beginning in T. 39 S., R. 10 W., sec. 30, through Bureau of
Land Management land and Zion National Park land to the
junction with the North Fork of the Virgin River and adjacent
land rim-to-rim, as a wild river.
``(U) Oak creek.--The 1-mile stretch of Oak Creek beginning
in T. 39 S., R. 10 W., sec. 19, to the junction with Kolob
Creek and adjacent land rim-to-rim, as a wild river.
``(V) Goose creek.--The 4.6-mile segment of Goose Creek
from the head of Goose Creek to the junction with the North
Fork of the Virgin River and adjacent land rim-to-rim, as a
wild river.
``(W) Deep creek.--The 5.3-mile segment of Deep Creek
beginning on Bureau of Land Management land at the northern
boundary of T. 39 S., R. 10 W., sec. 23, south to the
junction of the North Fork of the Virgin River and adjacent
land rim-to-rim, as a wild river.
``(X) North fork of the virgin river.--The 10.8-mile
segment of the North Fork of the Virgin River beginning on
Bureau of Land Management land at the eastern border of T. 39
S., R. 10 W., sec. 35, to Temple of Sinawava and adjacent
land rim-to-rim, as a wild river.
``(Y) North fork of the virgin river.--The 8-mile segment
of the North Fork of the Virgin River from Temple of Sinawava
south to the Zion National Park boundary and adjacent land
\1/2\-mile wide, as a recreational river.
``(Z) Imlay canyon.--The segment from the head of Imlay
Creek to the junction with the North Fork of the Virgin River
and adjacent land rim-to-rim, as a wild river.
``(AA) Orderville canyon.--The segment from the eastern
boundary of Zion National Park to the junction with the North
Fork of the Virgin River and adjacent land rim-to-rim, as a
wild river.
``(BB) Mystery canyon.--The segment from the head of
Mystery Canyon to the junction with the North Fork of the
Virgin River and adjacent land rim-to-rim, as a wild river.
``(CC) Echo canyon.--The segment from the eastern boundary
of Zion National Park to the junction with the North Fork of
the Virgin River and adjacent land rim-to-rim, as a wild
river.
``(DD) Behunin canyon.--The segment from the head of
Behunin Canyon to the junction with the North Fork of the
Virgin River and adjacent land rim-to-rim, as a wild river.
``(EE) Heaps canyon.--The segment from the head of Heaps
Canyon to the junction with the North Fork of the Virgin
River and adjacent land rim-to-rim, as a wild river.
``(FF) Birch creek.--The segment from the head of Birch
Creek to the junction with the North Fork of the Virgin River
and adjacent land \1/2\-mile wide, as a wild river.
``(GG) Oak creek.--The segment of Oak Creek from the head
of Oak Creek to where the forks join and adjacent land \1/2\-
mile wide, as a wild river.
``(HH) Oak creek.--The 1-mile segment of Oak Creek from the
point at which the 2 forks of Oak Creek join to the junction
with the North Fork of the Virgin River and adjacent land \1/
2\-mile wide, as a recreational river.
``(II) Clear creek.--The 6.4-mile segment of Clear Creek
from the eastern boundary of Zion National Park to the
junction with Pine Creek and adjacent land rim-to-rim, as a
recreational river.
``(JJ) Pine creek .--The 2-mile segment of Pine Creek from
the head of Pine Creek to the junction with Clear Creek and
adjacent land rim-to-rim, as a wild river.
``(KK) Pine creek.--The 3-mile segment of Pine Creek from
the junction with Clear Creek
[[Page 8627]]
to the junction with the North Fork of the Virgin River and
adjacent land rim-to-rim, as a recreational river.
``(LL) East fork of the virgin river.--The 8-mile segment
of the East Fork of the Virgin River from the eastern
boundary of Zion National Park through Parunuweap Canyon to
the western boundary of Zion National Park and adjacent land
\1/2\-mile wide, as a wild river.
``(MM) Shunes creek.--The 3-mile segment of Shunes Creek
from the dry waterfall on land administered by the Bureau of
Land Management through Zion National Park to the western
boundary of Zion National Park and adjacent land \1/2\-mile
wide as a wild river.''.
(b) Incorporation of Acquired Non-Federal Land.--If the
United States acquires any non-Federal land within or
adjacent to Zion National Park that includes a river segment
that is contiguous to a river segment of the Virgin River
designated as a wild, scenic, or recreational river by
paragraph (204) of section 3(a) of the Wild and Scenic Rivers
Act (16 U.S.C. 1274(a)) (as added by subsection (a)), the
acquired river segment shall be incorporated in, and be
administered as part of, the applicable wild, scenic, or
recreational river.
(c) Savings Clause.--The amendment made by subsection (a)
does not affect the agreement among the United States, the
State, the Washington County Water Conservancy District, and
the Kane County Water Conservancy District entitled ``Zion
National Park Water Rights Settlement Agreement'' and dated
December 4, 1996.
SEC. 1977. WASHINGTON COUNTY COMPREHENSIVE TRAVEL AND
TRANSPORTATION MANAGEMENT PLAN.
(a) Definitions.--In this section:
(1) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(2) Secretary concerned.--The term ``Secretary concerned''
means--
(A) with respect to land managed by the Bureau of Land
Management, the Secretary; and
(B) with respect to land managed by the Forest Service, the
Secretary of Agriculture.
(3) Trail.--The term ``trail'' means the High Desert Off-
Highway Vehicle Trail designated under subsection (c)(1)(A).
(4) Travel management plan.--The term ``travel management
plan'' means the comprehensive travel and transportation
management plan developed under subsection (b)(1).
(b) Comprehensive Travel and Transportation Management
Plan.--
(1) In general.--Not later than 3 years after the date of
enactment of this Act, in accordance with the Federal Land
Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.)
and other applicable laws (including regulations), the
Secretary, in consultation with appropriate Federal agencies
and State, tribal, and local governmental entities, and after
an opportunity for public comment, shall develop a
comprehensive travel management plan for the land managed by
the Bureau of Land Management in the County--
(A) to provide to the public a clearly marked network of
roads and trails with signs and maps to promote--
(i) public safety and awareness; and
(ii) enhanced recreation and general access opportunities;
(B) to help reduce in the County growing conflicts arising
from interactions between--
(i) motorized recreation; and
(ii) the important resource values of public land;
(C) to promote citizen-based opportunities for--
(i) the monitoring and stewardship of the trail; and
(ii) trail system management; and
(D) to support law enforcement officials in promoting--
(i) compliance with off-highway vehicle laws (including
regulations); and
(ii) effective deterrents of abuses of public land.
(2) Scope; contents.--In developing the travel management
plan, the Secretary shall--
(A) in consultation with appropriate Federal agencies,
State, tribal, and local governmental entities (including the
County and St. George City, Utah), and the public, identify 1
or more alternatives for a northern transportation route in
the County;
(B) ensure that the travel management plan contains a map
that depicts the trail; and
(C) designate a system of areas, roads, and trails for
mechanical and motorized use.
(c) Designation of Trail.--
(1) Designation.--
(A) In general.--As a component of the travel management
plan, and in accordance with subparagraph (B), the Secretary,
in coordination with the Secretary of Agriculture, and after
an opportunity for public comment, shall designate a trail
(which may include a system of trails)--
(i) for use by off-highway vehicles; and
(ii) to be known as the ``High Desert Off-Highway Vehicle
Trail''.
(B) Requirements.--In designating the trail, the Secretary
shall only include trails that are--
(i) as of the date of enactment of this Act, authorized for
use by off-highway vehicles; and
(ii) located on land that is managed by the Bureau of Land
Management in the County.
(C) National forest land.--The Secretary of Agriculture, in
coordination with the Secretary and in accordance with
applicable law, may designate a portion of the trail on
National Forest System land within the County.
(D) Map.--A map that depicts the trail shall be on file and
available for public inspection in the appropriate offices
of--
(i) the Bureau of Land Management; and
(ii) the Forest Service.
(2) Management.--
(A) In general.--The Secretary concerned shall manage the
trail--
(i) in accordance with applicable laws (including
regulations);
(ii) to ensure the safety of citizens who use the trail;
and
(iii) in a manner by which to minimize any damage to
sensitive habitat or cultural resources.
(B) Monitoring; evaluation.--To minimize the impacts of the
use of the trail on environmental and cultural resources, the
Secretary concerned shall--
(i) annually assess the effects of the use of off-highway
vehicles on--
(I) the trail; and
(II) land located in proximity to the trail; and
(ii) in consultation with the Utah Department of Natural
Resources, annually assess the effects of the use of the
trail on wildlife and wildlife habitat.
(C) Closure.--The Secretary concerned, in consultation with
the State and the County, and subject to subparagraph (D),
may temporarily close or permanently reroute a portion of the
trail if the Secretary concerned determines that--
(i) the trail is having an adverse impact on--
(I) wildlife habitats;
(II) natural resources;
(III) cultural resources; or
(IV) traditional uses;
(ii) the trail threatens public safety; or
(iii) closure of the trail is necessary--
(I) to repair damage to the trail; or
(II) to repair resource damage.
(D) Rerouting.--Any portion of the trail that is
temporarily closed by the Secretary concerned under
subparagraph (C) may be permanently rerouted along any road
or trail--
(i) that is--
(I) in existence as of the date of the closure of the
portion of the trail;
(II) located on public land; and
(III) open to motorized use; and
(ii) if the Secretary concerned determines that rerouting
the portion of the trail would not significantly increase or
decrease the length of the trail.
(E) Notice of available routes.--The Secretary, in
coordination with the Secretary of Agriculture, shall ensure
that visitors to the trail have access to adequate notice
relating to the availability of trail routes through--
(i) the placement of appropriate signage along the trail;
and
(ii) the distribution of maps, safety education materials,
and other information that the Secretary concerned determines
to be appropriate.
(3) Effect.--Nothing in this section affects the ownership,
management, or other rights relating to any non-Federal land
(including any interest in any non-Federal land).
SEC. 1978. LAND DISPOSAL AND ACQUISITION.
(a) In General.--Consistent with applicable law, the
Secretary of the Interior may sell public land located within
Washington County, Utah, that, as of July 25, 2000, has been
identified for disposal in appropriate resource management
plans.
(b) Use of Proceeds.--
(1) In general.--Notwithstanding any other provision of law
(other than a law that specifically provides for a portion of
the proceeds of a land sale to be distributed to any trust
fund of the State), proceeds from the sale of public land
under subsection (a) shall be deposited in a separate account
in the Treasury to be known as the ``Washington County, Utah
Land Acquisition Account''.
(2) Availability.--
(A) In general.--Amounts in the account shall be available
to the Secretary, without further appropriation, to purchase
from willing sellers lands or interests in land within the
wilderness areas and National Conservation Areas established
by this subtitle.
(B) Applicability.--Any purchase of land or interest in
land under subparagraph (A) shall be in accordance with
applicable law.
SEC. 1979. MANAGEMENT OF PRIORITY BIOLOGICAL AREAS.
(a) In General.--In accordance with applicable Federal laws
(including regulations), the Secretary of the Interior
shall--
(1) identify areas located in the County where biological
conservation is a priority; and
(2) undertake activities to conserve and restore plant and
animal species and natural communities within such areas.
(b) Grants; Cooperative Agreements.--In carrying out
subsection (a), the Secretary of the Interior may make grants
to, or enter into cooperative agreements with, State, tribal,
and local governmental entities and private entities to
conduct research, develop scientific analyses, and carry out
any other initiative relating to the restoration or
conservation of the areas.
SEC. 1980. PUBLIC PURPOSE CONVEYANCES.
(a) In General.--Notwithstanding the land use planning
requirements of sections 202 and 203 of the Federal Land
Policy and Management Act of 1976 (43 U.S.C. 1712, 1713),
upon the request of the appropriate local governmental
entity, as described below, the Secretary shall convey the
following parcels of public land without consideration,
subject to the provisions of this section:
(1) Temple quarry.--The approximately 122-acre parcel known
as ``Temple Quarry'' as generally depicted on the Washington
County Growth and Conservation Act Map as ``Parcel B'', to
the City of St. George, Utah, for open space and public
recreation purposes.
[[Page 8628]]
(2) Hurricane city sports park.--The approximately 41-acre
parcel as generally depicted on the Washington County Growth
and Conservation Act Map as ``Parcel C'', to the City of
Hurricane, Utah, for public recreation purposes and public
administrative offices.
(3) Washington county school district.--The approximately
70-acre parcel as generally depicted on the Washington County
Growth and Conservation Act Map as ``Parcel D'', to the
Washington County Public School District for use for public
school and related educational and administrative purposes.
(4) Washington county jail.--The approximately 80-acre
parcel as generally depicted on the Washington County Growth
and Conservation Act Map as ``Parcel E'', to Washington
County, Utah, for expansion of the Purgatory Correctional
Facility.
(5) Hurricane equestrian park.--The approximately 40-acre
parcel as generally depicted on the Washington County Growth
and Conservation Act Map as ``Parcel F'', to the City of
Hurricane, Utah, for use as a public equestrian park.
(b) Map and Legal Descriptions.--As soon as practicable
after the date of enactment of this Act, the Secretary shall
finalize legal descriptions of the parcels to be conveyed
under this section. The Secretary may correct any minor
errors in the map referenced in subsection (a) or in the
applicable legal descriptions. The map and legal descriptions
shall be on file and available for public inspection in the
appropriate offices of the Bureau of Land Management.
(c) Reversion.--
(1) In general.--If any parcel conveyed under this section
ceases to be used for the public purpose for which the parcel
was conveyed, as described in subsection (a), the land shall,
at the discretion of the Secretary based on his determination
of the best interests of the United States, revert to the
United States.
(2) Responsibility of local governmental entity.--If the
Secretary determines pursuant to paragraph (1) that the land
should revert to the United States, and if the Secretary
determines that the land is contaminated with hazardous
waste, the local governmental entity to which the land was
conveyed shall be responsible for remediation of the
contamination.
SEC. 1981. CONVEYANCE OF DIXIE NATIONAL FOREST LAND.
(a) Definitions.--In this section:
(1) Covered federal land.--The term ``covered Federal
land'' means the approximately 66.07 acres of land in the
Dixie National Forest in the State, as depicted on the map.
(2) Landowner.--The term ``landowner'' means Kirk R.
Harrison, who owns land in Pinto Valley, Utah.
(3) Map.--The term ``map'' means the map entitled
``Conveyance of Dixie National Forest Land'' and dated
December 18, 2008.
(4) Secretary.--The term ``Secretary'' means the Secretary
of Agriculture.
(b) Conveyance.--
(1) In general.--The Secretary may convey to the landowner
all right, title, and interest of the United States in and to
any of the covered Federal land (including any improvements
or appurtenances to the covered Federal land) by sale or
exchange.
(2) Legal description.--The exact acreage and legal
description of the covered Federal land to be conveyed under
paragraph (1) shall be determined by surveys satisfactory to
the Secretary.
(3) Consideration.--
(A) In general.--As consideration for any conveyance by
sale under paragraph (1), the landowner shall pay to the
Secretary an amount equal to the fair market value of any
Federal land conveyed, as determined under subparagraph (B).
(B) Appraisal.--The fair market value of any Federal land
that is conveyed under paragraph (1) shall be determined by
an appraisal acceptable to the Secretary that is performed in
accordance with--
(i) the Uniform Appraisal Standards for Federal Land
Acquisitions;
(ii) the Uniform Standards of Professional Appraisal
Practice; and
(iii) any other applicable law (including regulations).
(4) Disposition and use of proceeds.--
(A) Disposition of proceeds.--The Secretary shall deposit
the proceeds of any sale of land under paragraph (1) in the
fund established under Public Law 90-171 (commonly known as
the ``Sisk Act'') (16 U.S.C. 484a).
(B) Use of proceeds.--Amounts deposited under subparagraph
(A) shall be available to the Secretary, without further
appropriation and until expended, for the acquisition of real
property or interests in real property for inclusion in the
Dixie National Forest in the State.
(5) Additional terms and conditions.--The Secretary may
require any additional terms and conditions for any
conveyance under paragraph (1) that the Secretary determines
to be appropriate to protect the interests of the United
States.
SEC. 1982. TRANSFER OF LAND INTO TRUST FOR SHIVWITS BAND OF
PAIUTE INDIANS.
(a) Definitions.--In this section:
(1) Parcel a.--The term ``Parcel A'' means the parcel that
consists of approximately 640 acres of land that is--
(A) managed by the Bureau of Land Management;
(B) located in Washington County, Utah; and
(C) depicted on the map entitled ``Washington County Growth
and Conservation Act Map''.
(2) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(3) Tribe.--The term ``Tribe'' means the Shivwits Band of
Paiute Indians of the State of Utah.
(b) Parcel To Be Held in Trust.--
(1) In general.--At the request of the Tribe, the Secretary
shall take into trust for the benefit of the Tribe all right,
title, and interest of the United States in and to Parcel A.
(2) Survey; legal description.--
(A) Survey.--Not later than 180 days after the date of
enactment of this Act, the Secretary, acting through the
Director of the Bureau of Land Management, shall complete a
survey of Parcel A to establish the boundary of Parcel A.
(B) Legal description of parcel a.--
(i) In general.--Upon the completion of the survey under
subparagraph (A), the Secretary shall publish in the Federal
Register a legal description of--
(I) the boundary line of Parcel A; and
(II) Parcel A.
(ii) Technical corrections.--Before the date of publication
of the legal descriptions under clause (i), the Secretary may
make minor corrections to correct technical and clerical
errors in the legal descriptions.
(iii) Effect.--Effective beginning on the date of
publication of the legal descriptions under clause (i), the
legal descriptions shall be considered to be the official
legal descriptions of Parcel A.
(3) Effect.--Nothing in this section--
(A) affects any valid right in existence on the date of
enactment of this Act;
(B) enlarges, impairs, or otherwise affects any right or
claim of the Tribe to any land or interest in land other than
to Parcel A that is--
(i) based on an aboriginal or Indian title; and
(ii) in existence as of the date of enactment of this Act;
or
(C) constitutes an express or implied reservation of water
or a water right with respect to Parcel A.
(4) Land to be made a part of the reservation.--Land taken
into trust pursuant to this section shall be considered to be
part of the reservation of the Tribe.
SEC. 1983. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as are
necessary to carry out this subtitle.
TITLE II--BUREAU OF LAND MANAGEMENT AUTHORIZATIONS
Subtitle A--National Landscape Conservation System
SEC. 2001. DEFINITIONS.
In this subtitle:
(1) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(2) System.--The term ``system'' means the National
Landscape Conservation System established by section 2002(a).
SEC. 2002. ESTABLISHMENT OF THE NATIONAL LANDSCAPE
CONSERVATION SYSTEM.
(a) Establishment.--In order to conserve, protect, and
restore nationally significant landscapes that have
outstanding cultural, ecological, and scientific values for
the benefit of current and future generations, there is
established in the Bureau of Land Management the National
Landscape Conservation System.
(b) Components.--The system shall include each of the
following areas administered by the Bureau of Land
Management:
(1) Each area that is designated as--
(A) a national monument;
(B) a national conservation area;
(C) a wilderness study area;
(D) a national scenic trail or national historic trail
designated as a component of the National Trails System;
(E) a component of the National Wild and Scenic Rivers
System; or
(F) a component of the National Wilderness Preservation
System.
(2) Any area designated by Congress to be administered for
conservation purposes, including--
(A) the Steens Mountain Cooperative Management and
Protection Area;
(B) the Headwaters Forest Reserve;
(C) the Yaquina Head Outstanding Natural Area;
(D) public land within the California Desert Conservation
Area administered by the Bureau of Land Management for
conservation purposes; and
(E) any additional area designated by Congress for
inclusion in the system.
(c) Management.--The Secretary shall manage the system--
(1) in accordance with any applicable law (including
regulations) relating to any component of the system included
under subsection (b); and
(2) in a manner that protects the values for which the
components of the system were designated.
(d) Effect.--
(1) In general.--Nothing in this subtitle enhances,
diminishes, or modifies any law or proclamation (including
regulations relating to the law or proclamation) under which
the components of the system described in subsection (b) were
established or are managed, including--
(A) the Alaska National Interest Lands Conservation Act (16
U.S.C. 3101 et seq.);
(B) the Wilderness Act (16 U.S.C. 1131 et seq.);
(C) the Wild and Scenic Rivers Act (16 U.S.C. 1271 et
seq.);
(D) the National Trails System Act (16 U.S.C. 1241 et
seq.); and
(E) the Federal Land Policy and Management Act of 1976 (43
U.S.C. 1701 et seq.).
(2) Fish and wildlife.--Nothing in this subtitle shall be
construed as affecting the authority, jurisdiction, or
responsibility of the several
[[Page 8629]]
States to manage, control, or regulate fish and resident
wildlife under State law or regulations, including the
regulation of hunting, fishing, trapping and recreational
shooting on public land managed by the Bureau of Land
Management. Nothing in this subtitle shall be construed as
limiting access for hunting, fishing, trapping, or
recreational shooting.
SEC. 2003. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as are
necessary to carry out this subtitle.
Subtitle B--Prehistoric Trackways National Monument
SEC. 2101. FINDINGS.
Congress finds that--
(1) in 1987, a major deposit of Paleozoic Era fossilized
footprint megatrackways was discovered in the Robledo
Mountains in southern New Mexico;
(2) the trackways contain footprints of numerous
amphibians, reptiles, and insects (including previously
unknown species), plants, and petrified wood dating back
approximately 280,000,000 years, which collectively provide
new opportunities to understand animal behaviors and
environments from a time predating the dinosaurs;
(3) title III of Public Law 101-578 (104 Stat. 2860)--
(A) provided interim protection for the site at which the
trackways were discovered; and
(B) directed the Secretary of the Interior to--
(i) prepare a study assessing the significance of the site;
and
(ii) based on the study, provide recommendations for
protection of the paleontological resources at the site;
(4) the Bureau of Land Management completed the Paleozoic
Trackways Scientific Study Report in 1994, which
characterized the site as containing ``the most
scientifically significant Early Permian tracksites'' in the
world;
(5) despite the conclusion of the study and the
recommendations for protection, the site remains unprotected
and many irreplaceable trackways specimens have been lost to
vandalism or theft; and
(6) designation of the trackways site as a National
Monument would protect the unique fossil resources for
present and future generations while allowing for public
education and continued scientific research opportunities.
SEC. 2102. DEFINITIONS.
In this subtitle:
(1) Monument.--The term ``Monument'' means the Prehistoric
Trackways National Monument established by section 2103(a).
(2) Public land.--The term ``public land'' has the meaning
given the term ``public lands'' in section 103 of the Federal
Land Policy and Management Act of 1976 (43 U.S.C. 1702).
(3) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
SEC. 2103. ESTABLISHMENT.
(a) In General.--In order to conserve, protect, and enhance
the unique and nationally important paleontological,
scientific, educational, scenic, and recreational resources
and values of the public land described in subsection (b),
there is established the Prehistoric Trackways National
Monument in the State of New Mexico.
(b) Description of Land.--The Monument shall consist of
approximately 5,280 acres of public land in Dona Ana County,
New Mexico, as generally depicted on the map entitled
``Prehistoric Trackways National Monument'' and dated
December 17, 2008.
(c) Map; Legal Description.--
(1) In general.--As soon as practicable after the date of
enactment of this Act, the Secretary shall prepare and submit
to Congress an official map and legal description of the
Monument.
(2) Corrections.--The map and legal description submitted
under paragraph (1) shall have the same force and effect as
if included in this subtitle, except that the Secretary may
correct any clerical or typographical errors in the legal
description and the map.
(3) Conflict between map and legal description.--In the
case of a conflict between the map and the legal description,
the map shall control.
(4) Availability of map and legal description.--Copies of
the map and legal description shall be on file and available
for public inspection in the appropriate offices of the
Bureau of Land Management.
(d) Minor Boundary Adjustments.--If additional
paleontological resources are discovered on public land
adjacent to the Monument after the date of enactment of this
Act, the Secretary may make minor boundary adjustments to the
Monument to include the resources in the Monument.
SEC. 2104. ADMINISTRATION.
(a) Management.--
(1) In general.--The Secretary shall manage the Monument--
(A) in a manner that conserves, protects, and enhances the
resources and values of the Monument, including the resources
and values described in section 2103(a); and
(B) in accordance with--
(i) this subtitle;
(ii) the Federal Land Policy and Management Act of 1976 (43
U.S.C. 1701 et seq.); and
(iii) other applicable laws.
(2) National landscape conservation system.--The Monument
shall be managed as a component of the National Landscape
Conservation System.
(b) Management Plan.--
(1) In general.--Not later than 3 years after the date of
enactment of this Act, the Secretary shall develop a
comprehensive management plan for the long-term protection
and management of the Monument.
(2) Components.--The management plan under paragraph (1)--
(A) shall--
(i) describe the appropriate uses and management of the
Monument, consistent with the provisions of this subtitle;
and
(ii) allow for continued scientific research at the
Monument during the development of the management plan; and
(B) may--
(i) incorporate any appropriate decisions contained in any
current management or activity plan for the land described in
section 2103(b); and
(ii) use information developed in studies of any land
within or adjacent to the Monument that were conducted before
the date of enactment of this Act.
(c) Authorized Uses.--The Secretary shall only allow uses
of the Monument that the Secretary determines would further
the purposes for which the Monument has been established.
(d) Interpretation, Education, and Scientific Research.--
(1) In general.--The Secretary shall provide for public
interpretation of, and education and scientific research on,
the paleontological resources of the Monument, with priority
given to exhibiting and curating the resources in Dona Ana
County, New Mexico.
(2) Cooperative agreements.--The Secretary may enter into
cooperative agreements with appropriate public entities to
carry out paragraph (1).
(e) Special Management Areas.--
(1) In general.--The establishment of the Monument shall
not change the management status of any area within the
boundary of the Monument that is--
(A) designated as a wilderness study area and managed in
accordance with section 603(c) of the Federal Land Policy and
Management Act of 1976 (43 U.S.C. 1782(c)); or
(B) managed as an area of critical environment concern.
(2) Conflict of laws.--If there is a conflict between the
laws applicable to the areas described in paragraph (1) and
this subtitle, the more restrictive provision shall control.
(f) Motorized Vehicles.--
(1) In general.--Except as needed for administrative
purposes or to respond to an emergency, the use of motorized
vehicles in the Monument shall be allowed only on roads and
trails designated for use by motorized vehicles under the
management plan prepared under subsection (b).
(2) Permitted events.--The Secretary may issue permits for
special recreation events involving motorized vehicles within
the boundaries of the Monument--
(A) to the extent the events do not harm paleontological
resources; and
(B) subject to any terms and conditions that the Secretary
determines to be necessary.
(g) Withdrawals.--Subject to valid existing rights, any
Federal land within the Monument and any land or interest in
land that is acquired by the United States for inclusion in
the Monument after the date of enactment of this Act are
withdrawn from--
(1) entry, appropriation, or disposal under the public land
laws;
(2) location, entry, and patent under the mining laws; and
(3) operation of the mineral leasing laws, geothermal
leasing laws, and minerals materials laws.
(h) Grazing.--The Secretary may allow grazing to continue
in any area of the Monument in which grazing is allowed
before the date of enactment of this Act, subject to
applicable laws (including regulations).
(i) Water Rights.--Nothing in this subtitle constitutes an
express or implied reservation by the United States of any
water or water rights with respect to the Monument.
SEC. 2105. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as are
necessary to carry out this subtitle.
Subtitle C--Fort Stanton-Snowy River Cave National Conservation Area
SEC. 2201. DEFINITIONS.
In this subtitle:
(1) Conservation area.--The term ``Conservation Area''
means the Fort Stanton-Snowy River Cave National Conservation
Area established by section 2202(a).
(2) Management plan.--The term ``management plan'' means
the management plan developed for the Conservation Area under
section 2203(c).
(3) Secretary.--The term ``Secretary'' means the Secretary
of the Interior, acting through the Director of the Bureau of
Land Management.
SEC. 2202. ESTABLISHMENT OF THE FORT STANTON-SNOWY RIVER CAVE
NATIONAL CONSERVATION AREA.
(a) Establishment; Purposes.--There is established the Fort
Stanton-Snowy River Cave National Conservation Area in
Lincoln County, New Mexico, to protect, conserve, and enhance
the unique and nationally important historic, cultural,
scientific, archaeological, natural, and educational
subterranean cave resources of the Fort Stanton-Snowy River
cave system.
(b) Area Included.--The Conservation Area shall include the
area within the boundaries depicted on the map entitled
``Fort Stanton-Snowy River Cave National Conservation Area''
and dated December 15, 2008.
(c) Map and Legal Description.--
(1) In general.--As soon as practicable after the date of
enactment of this Act, the Secretary shall submit to Congress
a map and legal description of the Conservation Area.
[[Page 8630]]
(2) Effect.--The map and legal description of the
Conservation Area shall have the same force and effect as if
included in this subtitle, except that the Secretary may
correct any minor errors in the map and legal description.
(3) Public availability.--The map and legal description of
the Conservation Area shall be available for public
inspection in the appropriate offices of the Bureau of Land
Management.
SEC. 2203. MANAGEMENT OF THE CONSERVATION AREA.
(a) Management.--
(1) In general.--The Secretary shall manage the
Conservation Area--
(A) in a manner that conserves, protects, and enhances the
resources and values of the Conservation Area, including the
resources and values described in section 2202(a); and
(B) in accordance with--
(i) this subtitle;
(ii) the Federal Land Policy and Management Act of 1976 (43
U.S.C. 1701 et seq.); and
(iii) any other applicable laws.
(2) Uses.--The Secretary shall only allow uses of the
Conservation Area that are consistent with the protection of
the cave resources.
(3) Requirements.--In administering the Conservation Area,
the Secretary shall provide for--
(A) the conservation and protection of the natural and
unique features and environs for scientific, educational, and
other appropriate public uses of the Conservation Area;
(B) public access, as appropriate, while providing for the
protection of the cave resources and for public safety;
(C) the continuation of other existing uses or other new
uses of the Conservation Area that do not impair the purposes
for which the Conservation Area is established;
(D) management of the surface area of the Conservation Area
in accordance with the Fort Stanton Area of Critical
Environmental Concern Final Activity Plan dated March, 2001,
or any amendments to the plan, consistent with this subtitle;
and
(E) scientific investigation and research opportunities
within the Conservation Area, including through partnerships
with colleges, universities, schools, scientific
institutions, researchers, and scientists to conduct research
and provide educational and interpretive services within the
Conservation Area.
(b) Withdrawals.--Subject to valid existing rights, all
Federal surface and subsurface land within the Conservation
Area and all land and interests in the land that are acquired
by the United States after the date of enactment of this Act
for inclusion in the Conservation Area, are withdrawn from--
(1) all forms of entry, appropriation, or disposal under
the general land laws;
(2) location, entry, and patent under the mining laws; and
(3) operation under the mineral leasing and geothermal
leasing laws.
(c) Management Plan.--
(1) In general.--Not later than 2 years after the date of
enactment of this Act, the Secretary shall develop a
comprehensive plan for the long-term management of the
Conservation Area.
(2) Purposes.--The management plan shall--
(A) describe the appropriate uses and management of the
Conservation Area;
(B) incorporate, as appropriate, decisions contained in any
other management or activity plan for the land within or
adjacent to the Conservation Area;
(C) take into consideration any information developed in
studies of the land and resources within or adjacent to the
Conservation Area; and
(D) provide for a cooperative agreement with Lincoln
County, New Mexico, to address the historical involvement of
the local community in the interpretation and protection of
the resources of the Conservation Area.
(d) Research and Interpretive Facilities.--
(1) In general.--The Secretary may establish facilities
for--
(A) the conduct of scientific research; and
(B) the interpretation of the historical, cultural,
scientific, archaeological, natural, and educational
resources of the Conservation Area.
(2) Cooperative agreements.--The Secretary may, in a manner
consistent with this subtitle, enter into cooperative
agreements with the State of New Mexico and other
institutions and organizations to carry out the purposes of
this subtitle.
(e) Water Rights.--Nothing in this subtitle constitutes an
express or implied reservation of any water right.
SEC. 2204. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as are
necessary to carry out this subtitle.
Subtitle D--Snake River Birds of Prey National Conservation Area
SEC. 2301. SNAKE RIVER BIRDS OF PREY NATIONAL CONSERVATION
AREA.
(a) Renaming.--Public Law 103-64 is amended--
(1) in section 2(2) (16 U.S.C. 460iii-1(2)), by inserting
``Morley Nelson'' before ``Snake River Birds of Prey National
Conservation Area''; and
(2) in section 3(a)(1) (16 U.S.C. 460iii-2(a)(1)), by
inserting ``Morley Nelson'' before ``Snake River Birds of
Prey National Conservation Area''.
(b) References.--Any reference in a law, map, regulation,
document, paper, or other record of the United States to the
Snake River Birds of Prey National Conservation Area shall be
deemed to be a reference to the Morley Nelson Snake River
Birds of Prey National Conservation Area.
(c) Technical Corrections.--Public Law 103-64 is further
amended--
(1) in section 3(a)(1) (16 U.S.C. 460iii-2(a)(1)), by
striking ``(hereafter referred to as the `conservation
area')''; and
(2) in section 4 (16 U.S.C. 460iii-3)--
(A) in subsection (a)(2), by striking ``Conservation Area''
and inserting ``conservation area''; and
(B) in subsection (d), by striking ``Visitors Center'' and
inserting ``visitors center''.
Subtitle E--Dominguez-Escalante National Conservation Area
SEC. 2401. DEFINITIONS.
In this subtitle:
(1) Conservation area.--The term ``Conservation Area''
means the Dominguez-Escalante National Conservation Area
established by section 2402(a)(1).
(2) Council.--The term ``Council'' means the Dominguez-
Escalante National Conservation Area Advisory Council
established under section 2407.
(3) Management plan.--The term ``management plan'' means
the management plan developed under section 2406.
(4) Map.--The term ``Map'' means the map entitled
``Dominguez-Escalante National Conservation Area'' and dated
September 15, 2008.
(5) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(6) State.--The term ``State'' means the State of Colorado.
(7) Wilderness.--The term ``Wilderness'' means the
Dominguez Canyon Wilderness Area designated by section
2403(a).
SEC. 2402. DOMINGUEZ-ESCALANTE NATIONAL CONSERVATION AREA.
(a) Establishment.--
(1) In general.--There is established the Dominguez-
Escalante National Conservation Area in the State.
(2) Area included.--The Conservation Area shall consist of
approximately 209,610 acres of public land, as generally
depicted on the Map.
(b) Purposes.--The purposes of the Conservation Area are to
conserve and protect for the benefit and enjoyment of present
and future generations--
(1) the unique and important resources and values of the
land, including the geological, cultural, archaeological,
paleontological, natural, scientific, recreational,
wilderness, wildlife, riparian, historical, educational, and
scenic resources of the public land; and
(2) the water resources of area streams, based on
seasonally available flows, that are necessary to support
aquatic, riparian, and terrestrial species and communities.
(c) Management.--
(1) In general.--The Secretary shall manage the
Conservation Area--
(A) as a component of the National Landscape Conservation
System;
(B) in a manner that conserves, protects, and enhances the
resources and values of the Conservation Area described in
subsection (b); and
(C) in accordance with--
(i) the Federal Land Policy and Management Act of 1976 (43
U.S.C. 1701 et seq.);
(ii) this subtitle; and
(iii) any other applicable laws.
(2) Uses.--
(A) In general.--The Secretary shall allow only such uses
of the Conservation Area as the Secretary determines would
further the purposes for which the Conservation Area is
established.
(B) Use of motorized vehicles.--
(i) In general.--Except as provided in clauses (ii) and
(iii), use of motorized vehicles in the Conservation Area
shall be allowed--
(I) before the effective date of the management plan, only
on roads and trails designated for use of motor vehicles in
the management plan that applies on the date of the enactment
of this Act to the public land in the Conservation Area; and
(II) after the effective date of the management plan, only
on roads and trails designated in the management plan for the
use of motor vehicles.
(ii) Administrative and emergency response use.--Clause (i)
shall not limit the use of motor vehicles in the Conservation
Area for administrative purposes or to respond to an
emergency.
(iii) Limitation.--This subparagraph shall not apply to the
Wilderness.
SEC. 2403. DOMINGUEZ CANYON WILDERNESS AREA.
(a) In General.--In accordance with the Wilderness Act (16
U.S.C. 1131 et seq.), the approximately 66,280 acres of
public land in Mesa, Montrose, and Delta Counties, Colorado,
as generally depicted on the Map, is designated as wilderness
and as a component of the National Wilderness Preservation
System, to be known as the ``Dominguez Canyon Wilderness
Area''.
(b) Administration of Wilderness.--The Wilderness shall be
managed by the Secretary in accordance with the Wilderness
Act (16 U.S.C. 1131 et seq.) and this subtitle, except that--
(1) any reference in the Wilderness Act to the effective
date of that Act shall be considered to be a reference to the
date of enactment of this Act; and
(2) any reference in the Wilderness Act to the Secretary of
Agriculture shall be considered to be a reference to the
Secretary of the Interior.
SEC. 2404. MAPS AND LEGAL DESCRIPTIONS.
(a) In General.--As soon as practicable after the date of
enactment of this Act, the Secretary shall file a map and a
legal description of the Conservation Area and the Wilderness
with--
(1) the Committee on Energy and Natural Resources of the
Senate; and
(2) the Committee on Natural Resources of the House of
Representatives.
[[Page 8631]]
(b) Force and Effect.--The Map and legal descriptions filed
under subsection (a) shall have the same force and effect as
if included in this subtitle, except that the Secretary may
correct clerical and typographical errors in the Map and
legal descriptions.
(c) Public Availability.--The Map and legal descriptions
filed under subsection (a) shall be available for public
inspection in the appropriate offices of the Bureau of Land
Management.
SEC. 2405. MANAGEMENT OF CONSERVATION AREA AND WILDERNESS.
(a) Withdrawal.--Subject to valid existing rights, all
Federal land within the Conservation Area and the Wilderness
and all land and interests in land acquired by the United
States within the Conservation Area or the Wilderness is
withdrawn from--
(1) all forms of entry, appropriation, or disposal under
the public land laws;
(2) location, entry, and patent under the mining laws; and
(3) operation of the mineral leasing, mineral materials,
and geothermal leasing laws.
(b) Grazing.--
(1) Grazing in conservation area.--Except as provided in
paragraph (2), the Secretary shall issue and administer any
grazing leases or permits in the Conservation Area in
accordance with the laws (including regulations) applicable
to the issuance and administration of such leases and permits
on other land under the jurisdiction of the Bureau of Land
Management.
(2) Grazing in wilderness.--The grazing of livestock in the
Wilderness, if established as of the date of enactment of
this Act, shall be permitted to continue--
(A) subject to any reasonable regulations, policies, and
practices that the Secretary determines to be necessary; and
(B) in accordance with--
(i) section 4(d)(4) of the Wilderness Act (16 U.S.C.
1133(d)(4)); and
(ii) the guidelines set forth in Appendix A of the report
of the Committee on Interior and Insular Affairs of the House
of Representatives accompanying H.R. 2570 of the 101st
Congress (H. Rept. 101-405).
(c) No Buffer Zones.--
(1) In general.--Nothing in this subtitle creates a
protective perimeter or buffer zone around the Conservation
Area.
(2) Activities outside conservation area.--The fact that an
activity or use on land outside the Conservation Area can be
seen or heard within the Conservation Area shall not preclude
the activity or use outside the boundary of the Conservation
Area.
(d) Acquisition of Land.--
(1) In general.--The Secretary may acquire non-Federal land
within the boundaries of the Conservation Area or the
Wilderness only through exchange, donation, or purchase from
a willing seller.
(2) Management.--Land acquired under paragraph (1) shall--
(A) become part of the Conservation Area and, if
applicable, the Wilderness; and
(B) be managed in accordance with this subtitle and any
other applicable laws.
(e) Fire, Insects, and Diseases.--Subject to such terms and
conditions as the Secretary determines to be desirable and
appropriate, the Secretary may undertake such measures as are
necessary to control fire, insects, and diseases--
(1) in the Wilderness, in accordance with section 4(d)(1)
of the Wilderness Act (16 U.S.C. 1133(d)(1)); and
(2) except as provided in paragraph (1), in the
Conservation Area in accordance with this subtitle and any
other applicable laws.
(f) Access.--The Secretary shall continue to provide
private landowners adequate access to inholdings in the
Conservation Area.
(g) Invasive Species and Noxious Weeds.--In accordance with
any applicable laws and subject to such terms and conditions
as the Secretary determines to be desirable and appropriate,
the Secretary may prescribe measures to control nonnative
invasive plants and noxious weeds within the Conservation
Area.
(h) Water Rights.--
(1) Effect.--Nothing in this subtitle--
(A) affects the use or allocation, in existence on the date
of enactment of this Act, of any water, water right, or
interest in water;
(B) affects any vested absolute or decreed conditional
water right in existence on the date of enactment of this
Act, including any water right held by the United States;
(C) affects any interstate water compact in existence on
the date of enactment of this Act;
(D) authorizes or imposes any new reserved Federal water
rights; or
(E) shall be considered to be a relinquishment or reduction
of any water rights reserved or appropriated by the United
States in the State on or before the date of enactment of
this Act.
(2) Wilderness water rights.--
(A) In general.--The Secretary shall ensure that any water
rights within the Wilderness required to fulfill the purposes
of the Wilderness are secured in accordance with
subparagraphs (B) through (G).
(B) State law.--
(i) Procedural requirements.--Any water rights within the
Wilderness for which the Secretary pursues adjudication shall
be adjudicated, changed, and administered in accordance with
the procedural requirements and priority system of State law.
(ii) Establishment of water rights.--
(I) In general.--Except as provided in subclause (II), the
purposes and other substantive characteristics of the water
rights pursued under this paragraph shall be established in
accordance with State law.
(II) Exception.--Notwithstanding subclause (I) and in
accordance with this subtitle, the Secretary may appropriate
and seek adjudication of water rights to maintain surface
water levels and stream flows on and across the Wilderness to
fulfill the purposes of the Wilderness.
(C) Deadline.--The Secretary shall promptly, but not
earlier than January 2009, appropriate the water rights
required to fulfill the purposes of the Wilderness.
(D) Required determination.--The Secretary shall not pursue
adjudication for any instream flow water rights unless the
Secretary makes a determination pursuant to subparagraph
(E)(ii) or (F).
(E) Cooperative enforcement.--
(i) In general.--The Secretary shall not pursue
adjudication of any Federal instream flow water rights
established under this paragraph if--
(I) the Secretary determines, upon adjudication of the
water rights by the Colorado Water Conservation Board, that
the Board holds water rights sufficient in priority, amount,
and timing to fulfill the purposes of the Wilderness; and
(II) the Secretary has entered into a perpetual agreement
with the Colorado Water Conservation Board to ensure the full
exercise, protection, and enforcement of the State water
rights within the Wilderness to reliably fulfill the purposes
of the Wilderness.
(ii) Adjudication.--If the Secretary determines that the
provisions of clause (i) have not been met, the Secretary
shall adjudicate and exercise any Federal water rights
required to fulfill the purposes of the Wilderness in
accordance with this paragraph.
(F) Insufficient water rights.--If the Colorado Water
Conservation Board modifies the instream flow water rights
obtained under subparagraph (E) to such a degree that the
Secretary determines that water rights held by the State are
insufficient to fulfill the purposes of the Wilderness, the
Secretary shall adjudicate and exercise Federal water rights
required to fulfill the purposes of the Wilderness in
accordance with subparagraph (B).
(G) Failure to comply.--The Secretary shall promptly act to
exercise and enforce the water rights described in
subparagraph (E) if the Secretary determines that--
(i) the State is not exercising its water rights consistent
with subparagraph (E)(i)(I); or
(ii) the agreement described in subparagraph (E)(i)(II) is
not fulfilled or complied with sufficiently to fulfill the
purposes of the Wilderness.
(3) Water resource facility.--
(A) In general.--Notwithstanding any other provision of law
and subject to subparagraph (B), beginning on the date of
enactment of this Act, neither the President nor any other
officer, employee, or agent of the United States shall fund,
assist, authorize, or issue a license or permit for the
development of any new irrigation and pumping facility,
reservoir, water conservation work, aqueduct, canal, ditch,
pipeline, well, hydropower project, transmission, other
ancillary facility, or other water, diversion, storage, or
carriage structure in the Wilderness.
(B) Exception.--Notwithstanding subparagraph (A), the
Secretary may allow construction of new livestock watering
facilities within the Wilderness in accordance with--
(i) section 4(d)(4) of the Wilderness Act (16 U.S.C.
1133(d)(4)); and
(ii) the guidelines set forth in Appendix A of the report
of the Committee on Interior and Insular Affairs of the House
of Representatives accompanying H.R. 2570 of the 101st
Congress (H. Rept. 101-405).
(4) Conservation area water rights.--With respect to water
within the Conservation Area, nothing in this subtitle--
(A) authorizes any Federal agency to appropriate or
otherwise acquire any water right on the mainstem of the
Gunnison River; or
(B) prevents the State from appropriating or acquiring, or
requires the State to appropriate or acquire, an instream
flow water right on the mainstem of the Gunnison River.
(5) Wilderness boundaries along gunnison river.--
(A) In general.--In areas in which the Gunnison River is
used as a reference for defining the boundary of the
Wilderness, the boundary shall--
(i) be located at the edge of the river; and
(ii) change according to the river level.
(B) Exclusion from wilderness.--Regardless of the level of
the Gunnison River, no portion of the Gunnison River is
included in the Wilderness.
(i) Effect.--Nothing in this subtitle--
(1) diminishes the jurisdiction of the State with respect
to fish and wildlife in the State; or
(2) imposes any Federal water quality standard upstream of
the Conservation Area or within the mainstem of the Gunnison
River that is more restrictive than would be applicable had
the Conservation Area not been established.
(j) Valid Existing Rights.--The designation of the
Conservation Area and Wilderness is subject to valid rights
in existence on the date of enactment of this Act.
SEC. 2406. MANAGEMENT PLAN.
(a) In General.--Not later than 3 years after the date of
enactment of this Act, the Secretary shall develop a
comprehensive management plan for the long-term protection
and management of the Conservation Area.
(b) Purposes.--The management plan shall--
(1) describe the appropriate uses and management of the
Conservation Area;
(2) be developed with extensive public input;
(3) take into consideration any information developed in
studies of the land within the Conservation Area; and
[[Page 8632]]
(4) include a comprehensive travel management plan.
SEC. 2407. ADVISORY COUNCIL.
(a) Establishment.--Not later than 180 days after the date
of enactment of this Act, the Secretary shall establish an
advisory council, to be known as the ``Dominguez-Escalante
National Conservation Area Advisory Council''.
(b) Duties.--The Council shall advise the Secretary with
respect to the preparation and implementation of the
management plan.
(c) Applicable Law.--The Council shall be subject to--
(1) the Federal Advisory Committee Act (5 U.S.C. App.); and
(2) the Federal Land Policy and Management Act of 1976 (43
U.S.C. 1701 et seq.).
(d) Members.--The Council shall include 10 members to be
appointed by the Secretary, of whom, to the extent
practicable--
(1) 1 member shall be appointed after considering the
recommendations of the Mesa County Commission;
(2) 1 member shall be appointed after considering the
recommendations of the Montrose County Commission;
(3) 1 member shall be appointed after considering the
recommendations of the Delta County Commission;
(4) 1 member shall be appointed after considering the
recommendations of the permittees holding grazing allotments
within the Conservation Area or the Wilderness; and
(5) 5 members shall reside in, or within reasonable
proximity to, Mesa County, Delta County, or Montrose County,
Colorado, with backgrounds that reflect--
(A) the purposes for which the Conservation Area or
Wilderness was established; and
(B) the interests of the stakeholders that are affected by
the planning and management of the Conservation Area and
Wilderness.
(e) Representation.--The Secretary shall ensure that the
membership of the Council is fairly balanced in terms of the
points of view represented and the functions to be performed
by the Council.
(f) Duration.--The Council shall terminate on the date that
is 1 year from the date on which the management plan is
adopted by the Secretary.
SEC. 2408. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as are
necessary to carry out this subtitle.
Subtitle F--Rio Puerco Watershed Management Program
SEC. 2501. RIO PUERCO WATERSHED MANAGEMENT PROGRAM.
(a) Rio Puerco Management Committee.--Section 401(b) of the
Omnibus Parks and Public Lands Management Act of 1996 (Public
Law 104-333; 110 Stat. 4147) is amended--
(1) in paragraph (2)--
(A) by redesignating subparagraphs (I) through (N) as
subparagraphs (J) through (O), respectively; and
(B) by inserting after subparagraph (H) the following:
``(I) the Environmental Protection Agency;''; and
(2) in paragraph (4), by striking ``enactment of this Act''
and inserting ``enactment of the Omnibus Public Land
Management Act of 2009''.
(b) Authorization of Appropriations.--Section 401(e) of the
Omnibus Parks and Public Lands Management Act of 1996 (Public
Law 104-333; 110 Stat. 4148) is amended by striking
``enactment of this Act'' and inserting ``enactment of the
Omnibus Public Land Management Act of 2009''.
Subtitle G--Land Conveyances and Exchanges
SEC. 2601. CARSON CITY, NEVADA, LAND CONVEYANCES.
(a) Definitions.--In this section:
(1) City.--The term ``City'' means Carson City Consolidated
Municipality, Nevada.
(2) Map.--The term ``Map'' means the map entitled ``Carson
City, Nevada Area'', dated November 7, 2008, and on file and
available for public inspection in the appropriate offices
of--
(A) the Bureau of Land Management;
(B) the Forest Service; and
(C) the City.
(3) Secretary.--The term ``Secretary'' means--
(A) with respect to land in the National Forest System, the
Secretary of Agriculture, acting through the Chief of the
Forest Service; and
(B) with respect to other Federal land, the Secretary of
the Interior.
(4) Secretaries.--The term ``Secretaries'' means the
Secretary of Agriculture and the Secretary of the Interior,
acting jointly.
(5) Tribe.--The term ``Tribe'' means the Washoe Tribe of
Nevada and California, which is a federally recognized Indian
tribe.
(b) Conveyances of Federal Land and City Land.--
(1) In general.--Notwithstanding section 202 of the Federal
Land Policy and Management Act of 1976 (43 U.S.C. 1712), if
the City offers to convey to the United States title to the
non-Federal land described in paragraph (2)(A) that is
acceptable to the Secretary of Agriculture--
(A) the Secretary shall accept the offer; and
(B) not later than 180 days after the date on which the
Secretary receives acceptable title to the non-Federal land
described in paragraph (2)(A), the Secretaries shall convey
to the City, subject to valid existing rights and for no
consideration, except as provided in paragraph (3)(A), all
right, title, and interest of the United States in and to the
Federal land (other than any easement reserved under
paragraph (3)(B)) or interest in land described in paragraph
(2)(B).
(2) Description of land.--
(A) Non-federal land.--The non-Federal land referred to in
paragraph (1) is the approximately 2,264 acres of land
administered by the City and identified on the Map as ``To
U.S. Forest Service''.
(B) Federal land.--The Federal land referred to in
paragraph (1)(B) is--
(i) the approximately 935 acres of Forest Service land
identified on the Map as ``To Carson City for Natural
Areas'';
(ii) the approximately 3,604 acres of Bureau of Land
Management land identified on the Map as ``Silver Saddle
Ranch and Carson River Area'';
(iii) the approximately 1,848 acres of Bureau of Land
Management land identified on the Map as ``To Carson City for
Parks and Public Purposes''; and
(iv) the approximately 75 acres of City land in which the
Bureau of Land Management has a reversionary interest that is
identified on the Map as ``Reversionary Interest of the
United States Released''.
(3) Conditions.--
(A) Consideration.--Before the conveyance of the 62-acre
Bernhard parcel to the City, the City shall deposit in the
special account established by subsection (e)(2)(A) an amount
equal to 25 percent of the difference between--
(i) the amount for which the Bernhard parcel was purchased
by the City on July 18, 2001; and
(ii) the amount for which the Bernhard parcel was purchased
by the Secretary on March 24, 2006.
(B) Conservation easement.--As a condition of the
conveyance of the land described in paragraph (2)(B)(ii), the
Secretary, in consultation with Carson City and affected
local interests, shall reserve a perpetual conservation
easement to the land to protect, preserve, and enhance the
conservation values of the land, consistent with paragraph
(4)(B).
(C) Costs.--Any costs relating to the conveyance under
paragraph (1), including any costs for surveys and other
administrative costs, shall be paid by the recipient of the
land being conveyed.
(4) Use of land.--
(A) Natural areas.--
(i) In general.--Except as provided in clause (ii), the
land described in paragraph (2)(B)(i) shall be managed by the
City to maintain undeveloped open space and to preserve the
natural characteristics of the land in perpetuity.
(ii) Exception.--Notwithstanding clause (i), the City may--
(I) conduct projects on the land to reduce fuels;
(II) construct and maintain trails, trailhead facilities,
and any infrastructure on the land that is required for
municipal water and flood management activities; and
(III) maintain or reconstruct any improvements on the land
that are in existence on the date of enactment of this Act.
(B) Silver saddle ranch and carson river area.--
(i) In general.--Except as provided in clause (ii), the
land described in paragraph (2)(B)(ii) shall--
(I) be managed by the City to protect and enhance the
Carson River, the floodplain and surrounding upland, and
important wildlife habitat; and
(II) be used for undeveloped open space, passive
recreation, customary agricultural practices, and wildlife
protection.
(ii) Exception.--Notwithstanding clause (i), the City may--
(I) construct and maintain trails and trailhead facilities
on the land;
(II) conduct projects on the land to reduce fuels;
(III) maintain or reconstruct any improvements on the land
that are in existence on the date of enactment of this Act;
and
(IV) allow the use of motorized vehicles on designated
roads, trails, and areas in the south end of Prison Hill.
(C) Parks and public purposes.--The land described in
paragraph (2)(B)(iii) shall be managed by the City for--
(i) undeveloped open space; and
(ii) recreation or other public purposes consistent with
the Act of June 14, 1926 (commonly known as the ``Recreation
and Public Purposes Act'') (43 U.S.C. 869 et seq.).
(D) Reversionary interest.--
(i) Release.--The reversionary interest described in
paragraph (2)(B)(iv) shall terminate on the date of enactment
of this Act.
(ii) Conveyance by city.--
(I) In general.--If the City sells, leases, or otherwise
conveys any portion of the land described in paragraph
(2)(B)(iv), the sale, lease, or conveyance of land shall be--
(aa) through a competitive bidding process; and
(bb) except as provided in subclause (II), for not less
than fair market value.
(II) Conveyance to government or nonprofit.--A sale, lease,
or conveyance of land described in paragraph (2)(B)(iv) to
the Federal Government, a State government, a unit of local
government, or a nonprofit organization shall be for
consideration in an amount equal to the price established by
the Secretary of the Interior under section 2741 of title 43,
Code of Federal Regulation (or successor regulations).
(III) Disposition of proceeds.--The gross proceeds from the
sale, lease, or conveyance of land under subclause (I) shall
be distributed in accordance with subsection (e)(1).
(5) Reversion.--If land conveyed under paragraph (1) is
used in a manner that is inconsistent with the uses described
in subparagraph
[[Page 8633]]
(A), (B), (C), or (D) of paragraph (4), the land shall, at
the discretion of the Secretary, revert to the United States.
(6) Miscellaneous provisions.--
(A) In general.--On conveyance of the non-Federal land
under paragraph (1) to the Secretary of Agriculture, the non-
Federal land shall--
(i) become part of the Humboldt-Toiyabe National Forest;
and
(ii) be administered in accordance with the laws (including
the regulations) and rules generally applicable to the
National Forest System.
(B) Management plan.--The Secretary of Agriculture, in
consultation with the City and other interested parties, may
develop and implement a management plan for National Forest
System land that ensures the protection and stabilization of
the National Forest System land to minimize the impacts of
flooding on the City.
(7) Conveyance to bureau of land management.--
(A) In general.--If the City offers to convey to the United
States title to the non-Federal land described in
subparagraph (B) that is acceptable to the Secretary of the
Interior, the land shall, at the discretion of the Secretary,
be conveyed to the United States.
(B) Description of land.--The non-Federal land referred to
in subparagraph (A) is the approximately 46 acres of land
administered by the City and identified on the Map as ``To
Bureau of Land Management''.
(C) Costs.--Any costs relating to the conveyance under
subparagraph (A), including any costs for surveys and other
administrative costs, shall be paid by the Secretary of the
Interior.
(c) Transfer of Administrative Jurisdiction From the Forest
Service to the Bureau of Land Management.--
(1) In general.--Administrative jurisdiction over the
approximately 50 acres of Forest Service land identified on
the Map as ``Parcel #1'' is transferred, from the Secretary
of Agriculture to the Secretary of the Interior.
(2) Costs.--Any costs relating to the transfer under
paragraph (1), including any costs for surveys and other
administrative costs, shall be paid by the Secretary of the
Interior.
(3) Use of land.--
(A) Right-of-way.--Not later than 120 days after the date
of enactment of this Act, the Secretary of the Interior shall
grant to the City a right-of-way for the maintenance of flood
management facilities located on the land.
(B) Disposal.--The land referred to in paragraph (1) shall
be disposed of in accordance with subsection (d).
(C) Disposition of proceeds.--The gross proceeds from the
disposal of land under subparagraph (B) shall be distributed
in accordance with subsection (e)(1).
(d) Disposal of Carson City Land.--
(1) In general.--Notwithstanding sections 202 and 203 of
the Federal Land Policy and Management Act of 1976 (43 U.S.C.
1712, 1713), the Secretary of the Interior shall, in
accordance with that Act, this subsection, and other
applicable law, and subject to valid existing rights, conduct
sales of the Federal land described in paragraph (2) to
qualified bidders.
(2) Description of land.--The Federal land referred to in
paragraph (1) is--
(A) the approximately 108 acres of Bureau of Land
Management land identified as ``Lands for Disposal'' on the
Map; and
(B) the approximately 50 acres of land identified as
``Parcel #1'' on the Map.
(3) Compliance with local planning and zoning laws.--Before
a sale of Federal land under paragraph (1), the City shall
submit to the Secretary a certification that qualified
bidders have agreed to comply with--
(A) City zoning ordinances; and
(B) any master plan for the area approved by the City.
(4) Method of sale; consideration.--The sale of Federal
land under paragraph (1) shall be--
(A) consistent with subsections (d) and (f) of section 203
of the Federal Land Policy and Management Act of 1976 (43
U.S.C. 1713);
(B) unless otherwise determined by the Secretary, through a
competitive bidding process; and
(C) for not less than fair market value.
(5) Withdrawal.--
(A) In general.--Subject to valid existing rights and
except as provided in subparagraph (B), the Federal land
described in paragraph (2) is withdrawn from--
(i) all forms of entry and appropriation under the public
land laws;
(ii) location, entry, and patent under the mining laws; and
(iii) operation of the mineral leasing and geothermal
leasing laws.
(B) Exception.--Subparagraph (A)(i) shall not apply to
sales made consistent with this subsection.
(6) Deadline for sale.--
(A) In general.--Except as provided in subparagraph (B),
not later than 1 year after the date of enactment of this
Act, if there is a qualified bidder for the land described in
subparagraphs (A) and (B) of paragraph (2), the Secretary of
the Interior shall offer the land for sale to the qualified
bidder.
(B) Postponement; exclusion from sale.--
(i) Request by carson city for postponement or exclusion.--
At the request of the City, the Secretary shall postpone or
exclude from the sale under subparagraph (A) all or a portion
of the land described in subparagraphs (A) and (B) of
paragraph (2).
(ii) Indefinite postponement.--Unless specifically
requested by the City, a postponement under clause (i) shall
not be indefinite.
(e) Disposition of Proceeds.--
(1) In general.--Of the proceeds from the sale of land
under subsections (b)(4)(D)(ii) and (d)(1)--
(A) 5 percent shall be paid directly to the State for use
in the general education program of the State; and
(B) the remainder shall be deposited in a special account
in the Treasury of the United States, to be known as the
``Carson City Special Account'', and shall be available
without further appropriation to the Secretary until expended
to--
(i) reimburse costs incurred by the Bureau of Land
Management for preparing for the sale of the Federal land
described in subsection (d)(2), including the costs of--
(I) surveys and appraisals; and
(II) compliance with--
(aa) the National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.); and
(bb) sections 202 and 203 of the Federal Land Policy and
Management Act of 1976 (43 U.S.C. 1712, 1713);
(ii) reimburse costs incurred by the Bureau of Land
Management and Forest Service for preparing for, and carrying
out, the transfers of land to be held in trust by the United
States under subsection (h)(1); and
(iii) acquire environmentally sensitive land or an interest
in environmentally sensitive land in the City.
(2) Silver saddle endowment account.--
(A) Establishment.--There is established in the Treasury of
the United States a special account, to be known as the
``Silver Saddle Endowment Account'', consisting of such
amounts as are deposited under subsection (b)(3)(A).
(B) Availability of amounts.--Amounts deposited in the
account established by paragraph (1) shall be available to
the Secretary, without further appropriation, for the
oversight and enforcement of the conservation easement
established under subsection (b)(3)(B).
(f) Urban Interface.--
(1) In general.--Except as otherwise provided in this
section and subject to valid existing rights, the Federal
land described in paragraph (2) is permanently withdrawn
from--
(A) all forms of entry and appropriation under the public
land laws and mining laws;
(B) location and patent under the mining laws; and
(C) operation of the mineral laws, geothermal leasing laws,
and mineral material laws.
(2) Description of land.--The land referred to in paragraph
(1) consists of approximately 19,747 acres, which is
identified on the Map as ``Urban Interface Withdrawal''.
(3) Incorporation of acquired land and interests.--Any land
or interest in land within the boundaries of the land
described in paragraph (2) that is acquired by the United
States after the date of enactment of this Act shall be
withdrawn in accordance with this subsection.
(4) Off-highway vehicle management.--Until the date on
which the Secretary, in consultation with the State, the
City, and any other interested persons, completes a
transportation plan for Federal land in the City, the use of
motorized and mechanical vehicles on Federal land within the
City shall be limited to roads and trails in existence on the
date of enactment of this Act unless the use of the vehicles
is needed--
(A) for administrative purposes; or
(B) to respond to an emergency.
(g) Availability of Funds.--Section 4(e) of the Southern
Nevada Public Land Management Act of 1998 (Public Law 105-
263; 112 Stat. 2346; 116 Stat. 2007; 117 Stat. 1317; 118
Stat. 2414; 120 Stat. 3045) is amended--
(1) in paragraph (3)(A)(iv), by striking ``Clark, Lincoln,
and White Pine Counties and Washoe County (subject to
paragraph 4))'' and inserting ``Clark, Lincoln, and White
Pine Counties and Washoe County (subject to paragraph 4)) and
Carson City (subject to paragraph (5))'';
(2) in paragraph (3)(A)(v), by striking ``Clark, Lincoln,
and White Pine Counties'' and inserting ``Clark, Lincoln, and
White Pine Counties and Carson City (subject to paragraph
(5))'';
(3) in paragraph (4), by striking ``2011'' and inserting
``2015''; and
(4) by adding at the end the following:
``(5) Limitation for carson city.--Carson City shall be
eligible to nominate for expenditure amounts to acquire land
or an interest in land for parks or natural areas and for
conservation initiatives--
``(A) adjacent to the Carson River; or
``(B) within the floodplain of the Carson River.''.
(h) Transfer of Land To Be Held in Trust for Washoe
Tribe.--
(1) In general.--Subject to valid existing rights, all
right, title, and interest of the United States in and to the
land described in paragraph (2)--
(A) shall be held in trust by the United States for the
benefit and use of the Tribe; and
(B) shall be part of the reservation of the Tribe.
(2) Description of land.--The land referred to in paragraph
(1) consists of approximately 293 acres, which is identified
on the Map as ``To Washoe Tribe''.
(3) Survey.--Not later than 180 days after the date of
enactment of this Act, the Secretary of Agriculture shall
complete a survey of the boundary lines to establish the
boundaries of the land taken into trust under paragraph (1).
(4) Use of land.--
[[Page 8634]]
(A) Gaming.--Land taken into trust under paragraph (1)
shall not be eligible, or considered to have been taken into
trust, for class II gaming or class III gaming (as those
terms are defined in section 4 of the Indian Gaming
Regulatory Act (25 U.S.C. 2703)).
(B) Trust land for ceremonial use and conservation.--With
respect to the use of the land taken into trust under
paragraph (1) that is above the 5,200' elevation contour, the
Tribe--
(i) shall limit the use of the land to--
(I) traditional and customary uses; and
(II) stewardship conservation for the benefit of the Tribe;
and
(ii) shall not permit any--
(I) permanent residential or recreational development on
the land; or
(II) commercial use of the land, including commercial
development or gaming.
(C) Trust land for commercial and residential use.--With
respect to the use of the land taken into trust under
paragraph (1), the Tribe shall limit the use of the land
below the 5,200' elevation to--
(i) traditional and customary uses;
(ii) stewardship conservation for the benefit of the Tribe;
and
(iii)(I) residential or recreational development; or
(II) commercial use.
(D) Thinning; landscape restoration.--With respect to the
land taken into trust under paragraph (1), the Secretary of
Agriculture, in consultation and coordination with the Tribe,
may carry out any thinning and other landscape restoration
activities on the land that is beneficial to the Tribe and
the Forest Service.
(i) Correction of Skunk Harbor Conveyance.--
(1) Purpose.--The purpose of this subsection is to amend
Public Law 108-67 (117 Stat. 880) to make a technical
correction relating to the land conveyance authorized under
that Act.
(2) Technical correction.--Section 2 of Public Law 108-67
(117 Stat. 880) is amended--
(A) by striking ``Subject to'' and inserting the following:
``(a) In General.--Subject to'';
(B) in subsection (a) (as designated by paragraph (1)), by
striking ``the parcel'' and all that follows through the
period at the end and inserting the following: ``and to
approximately 23 acres of land identified as `Parcel A' on
the map entitled `Skunk Harbor Conveyance Correction' and
dated September 12, 2008, the western boundary of which is
the low water line of Lake Tahoe at elevation 6,223.0' (Lake
Tahoe Datum).''; and
(C) by adding at the end the following:
``(b) Survey and Legal Description.--
``(1) In general.--Not later than 180 days after the date
of enactment of this subsection, the Secretary of Agriculture
shall complete a survey and legal description of the boundary
lines to establish the boundaries of the trust land.
``(2) Technical corrections.--The Secretary may correct any
technical errors in the survey or legal description completed
under paragraph (1).
``(c) Public Access and Use.--Nothing in this Act prohibits
any approved general public access (through existing
easements or by boat) to, or use of, land remaining within
the Lake Tahoe Basin Management Unit after the conveyance of
the land to the Secretary of the Interior, in trust for the
Tribe, under subsection (a), including access to, and use of,
the beach and shoreline areas adjacent to the portion of land
conveyed under that subsection.''.
(3) Date of trust status.--The trust land described in
section 2(a) of Public Law 108-67 (117 Stat. 880) shall be
considered to be taken into trust as of August 1, 2003.
(4) Transfer.--The Secretary of the Interior, acting on
behalf of and for the benefit of the Tribe, shall transfer to
the Secretary of Agriculture administrative jurisdiction over
the land identified as ``Parcel B'' on the map entitled
``Skunk Harbor Conveyance Correction'' and dated September
12, 2008.
(j) Agreement With Forest Service.--The Secretary of
Agriculture, in consultation with the Tribe, shall develop
and implement a cooperative agreement that ensures regular
access by members of the Tribe and other people in the
community of the Tribe across National Forest System land
from the City to Lake Tahoe for cultural and religious
purposes.
(k) Artifact Collection.--
(1) Notice.--At least 180 days before conducting any ground
disturbing activities on the land identified as ``Parcel #2''
on the Map, the City shall notify the Tribe of the proposed
activities to provide the Tribe with adequate time to
inventory and collect any artifacts in the affected area.
(2) Authorized activities.--On receipt of notice under
paragraph (1), the Tribe may collect and possess any
artifacts relating to the Tribe in the land identified as
``Parcel #2'' on the Map.
(l) Authorization of Appropriations.--There are authorized
to be appropriated such sums as are necessary to carry out
this section.
SEC. 2602. SOUTHERN NEVADA LIMITED TRANSITION AREA
CONVEYANCE.
(a) Definitions.--In this section:
(1) City.--The term ``City'' means the City of Henderson,
Nevada.
(2) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(3) State.--The term ``State'' means the State of Nevada.
(4) Transition area.--The term ``Transition Area'' means
the approximately 502 acres of Federal land located in
Henderson, Nevada, and identified as ``Limited Transition
Area'' on the map entitled ``Southern Nevada Limited
Transition Area Act'' and dated March 20, 2006.
(b) Southern Nevada Limited Transition Area.--
(1) Conveyance.--Notwithstanding the Federal Land Policy
and Management Act of 1976 (43 U.S.C. 1701 et seq.), on
request of the City, the Secretary shall, without
consideration and subject to all valid existing rights,
convey to the City all right, title, and interest of the
United States in and to the Transition Area.
(2) Use of land for nonresidential development.--
(A) In general.--After the conveyance to the City under
paragraph (1), the City may sell, lease, or otherwise convey
any portion or portions of the Transition Area for purposes
of nonresidential development.
(B) Method of sale.--
(i) In general.--The sale, lease, or conveyance of land
under subparagraph (A) shall be through a competitive bidding
process.
(ii) Fair market value.--Any land sold, leased, or
otherwise conveyed under subparagraph (A) shall be for not
less than fair market value.
(C) Compliance with charter.--Except as provided in
subparagraphs (B) and (D), the City may sell, lease, or
otherwise convey parcels within the Transition Area only in
accordance with the procedures for conveyances established in
the City Charter.
(D) Disposition of proceeds.--The gross proceeds from the
sale of land under subparagraph (A) shall be distributed in
accordance with section 4(e) of the Southern Nevada Public
Land Management Act of 1998 (112 Stat. 2345).
(3) Use of land for recreation or other public purposes.--
The City may elect to retain parcels in the Transition Area
for public recreation or other public purposes consistent
with the Act of June 14, 1926 (commonly known as the
``Recreation and Public Purposes Act'') (43 U.S.C. 869 et
seq.) by providing to the Secretary written notice of the
election.
(4) Noise compatibility requirements.--The City shall--
(A) plan and manage the Transition Area in accordance with
section 47504 of title 49, United States Code (relating to
airport noise compatibility planning), and regulations
promulgated in accordance with that section; and
(B) agree that if any land in the Transition Area is sold,
leased, or otherwise conveyed by the City, the sale, lease,
or conveyance shall contain a limitation to require uses
compatible with that airport noise compatibility planning.
(5) Reversion.--
(A) In general.--If any parcel of land in the Transition
Area is not conveyed for nonresidential development under
this section or reserved for recreation or other public
purposes under paragraph (3) by the date that is 20 years
after the date of enactment of this Act, the parcel of land
shall, at the discretion of the Secretary, revert to the
United States.
(B) Inconsistent use.--If the City uses any parcel of land
within the Transition Area in a manner that is inconsistent
with the uses specified in this subsection--
(i) at the discretion of the Secretary, the parcel shall
revert to the United States; or
(ii) if the Secretary does not make an election under
clause (i), the City shall sell the parcel of land in
accordance with this subsection.
SEC. 2603. NEVADA CANCER INSTITUTE LAND CONVEYANCE.
(a) Definitions.--In this section:
(1) Alta-hualapai site.--The term ``Alta-Hualapai Site''
means the approximately 80 acres of land that is--
(A) patented to the City under the Act of June 14, 1926
(commonly known as the ``Recreation and Public Purposes
Act'') (43 U.S.C. 869 et seq.); and
(B) identified on the map as the ``Alta-Hualapai Site''.
(2) City.--The term ``City'' means the city of Las Vegas,
Nevada.
(3) Institute.--The term ``Institute'' means the Nevada
Cancer Institute, a nonprofit organization described under
section 501(c)(3) of the Internal Revenue Code of 1986, the
principal place of business of which is at 10441 West Twain
Avenue, Las Vegas, Nevada.
(4) Map.--The term ``map'' means the map titled ``Nevada
Cancer Institute Expansion Act'' and dated July 17, 2006.
(5) Secretary.--The term ``Secretary'' means the Secretary
of the Interior, acting through the Director of the Bureau of
Land Management.
(6) Water district.--The term ``Water District'' means the
Las Vegas Valley Water District.
(b) Land Conveyance.--
(1) Survey and legal description.--The City shall prepare a
survey and legal description of the Alta-Hualapai Site. The
survey shall conform to the Bureau of Land Management
cadastral survey standards and be subject to approval by the
Secretary.
(2) Acceptance.--The Secretary may accept the
relinquishment by the City of all or part of the Alta-
Hualapai Site.
(3) Conveyance for use as nonprofit cancer institute.--
After relinquishment of all or part of the Alta-Hualapai Site
to the Secretary, and not later than 180 days after request
of the Institute, the Secretary shall convey to the
Institute, subject to valid existing rights, the portion of
the Alta-Hualapai Site that is necessary for the development
of a nonprofit cancer institute.
(4) Additional conveyances.--Not later than 180 days after
a request from the City, the Secretary shall convey to the
City, subject to valid
[[Page 8635]]
existing rights, any remaining portion of the Alta-Hualapai
Site necessary for ancillary medical or nonprofit use
compatible with the mission of the Institute.
(5) Applicable law.--Any conveyance by the City of any
portion of the land received under this section shall be for
no less than fair market value and the proceeds shall be
distributed in accordance with section 4(e)(1) of Public Law
105-263 (112 Stat. 2345).
(6) Transaction costs.--All land conveyed by the Secretary
under this section shall be at no cost, except that the
Secretary may require the recipient to bear any costs
associated with transfer of title or any necessary land
surveys.
(7) Report.--Not later than 180 days after the date of the
enactment of this Act, the Secretary shall submit to the
Committee on Natural Resources of the House of
Representatives and the Committee on Energy and Natural
Resources of the Senate a report on all transactions
conducted under Public Law 105-263 (112 Stat. 2345).
(c) Rights-of-Way.--Consistent with the Federal Land Policy
and Management Act of 1976 (43 U.S.C. 1701), the Secretary
may grant rights-of-way to the Water District on a portion of
the Alta-Hualapai Site for a flood control project and a
water pumping facility.
(d) Reversion.--Any property conveyed pursuant to this
section which ceases to be used for the purposes specified in
this section shall, at the discretion of the Secretary,
revert to the United States, along with any improvements
thereon or thereto.
SEC. 2604. TURNABOUT RANCH LAND CONVEYANCE, UTAH.
(a) Definitions.--In this section:
(1) Federal land.--The term ``Federal land'' means the
approximately 25 acres of Bureau of Land Management land
identified on the map as ``Lands to be conveyed to Turnabout
Ranch''.
(2) Map.--The term ``map'' means the map entitled
``Turnabout Ranch Conveyance'' dated May 12, 2006, and on
file in the office of the Director of the Bureau of Land
Management.
(3) Monument.--The term ``Monument'' means the Grand
Staircase-Escalante National Monument located in southern
Utah.
(4) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(5) Turnabout ranch.--The term ``Turnabout Ranch'' means
the Turnabout Ranch in Escalante, Utah, owned by Aspen
Education Group.
(b) Conveyance of Federal Land to Turnabout Ranch.--
(1) In general.--Notwithstanding the land use planning
requirements of sections 202 and 203 of the Federal Land
Policy and Management Act of 1976 (43 U.S.C. 1712, 1713), if
not later than 30 days after completion of the appraisal
required under paragraph (2), Turnabout Ranch of Escalante,
Utah, submits to the Secretary an offer to acquire the
Federal land for the appraised value, the Secretary shall,
not later than 30 days after the date of the offer, convey to
Turnabout Ranch all right, title, and interest to the Federal
land, subject to valid existing rights.
(2) Appraisal.--Not later than 90 days after the date of
enactment of this Act, the Secretary shall complete an
appraisal of the Federal land. The appraisal shall be
completed in accordance with the ``Uniform Appraisal
Standards for Federal Land Acquisitions'' and the ``Uniform
Standards of Professional Appraisal Practice''. All costs
associated with the appraisal shall be born by Turnabout
Ranch.
(3) Payment of consideration.--Not later than 30 days after
the date on which the Federal land is conveyed under
paragraph (1), as a condition of the conveyance, Turnabout
Ranch shall pay to the Secretary an amount equal to the
appraised value of the Federal land, as determined under
paragraph (2).
(4) Costs of conveyance.--As a condition of the conveyance,
any costs of the conveyance under this section shall be paid
by Turnabout Ranch.
(5) Disposition of proceeds.--The Secretary shall deposit
the proceeds from the conveyance of the Federal land under
paragraph (1) in the Federal Land Deposit Account established
by section 206 of the Federal Land Transaction Facilitation
Act (43 U.S.C. 2305), to be expended in accordance with that
Act.
(c) Modification of Monument Boundary.--When the conveyance
authorized by subsection (b) is completed, the boundaries of
the Grand Staircase-Escalante National Monument in the State
of Utah are hereby modified to exclude the Federal land
conveyed to Turnabout Ranch.
SEC. 2605. BOY SCOUTS LAND EXCHANGE, UTAH.
(a) Definitions.--In this section:
(1) Boy scouts.--The term ``Boy Scouts'' means the Utah
National Parks Council of the Boy Scouts of America.
(2) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(b) Boy Scouts of America Land Exchange.--
(1) Authority to convey.--
(A) In general.--Subject to paragraph (3) and
notwithstanding the Act of June 14, 1926 (commonly known as
the ``Recreation and Public Purposes Act'') (43 U.S.C. 869 et
seq.), the Boy Scouts may convey to Brian Head Resort,
subject to valid existing rights and, except as provided in
subparagraph (B), any rights reserved by the United States,
all right, title, and interest granted to the Boy Scouts by
the original patent to the parcel described in paragraph
(2)(A) in exchange for the conveyance by Brian Head Resort to
the Boy Scouts of all right, title, and interest in and to
the parcels described in paragraph (2)(B).
(B) Reversionary interest.--On conveyance of the parcel of
land described in paragraph (2)(A), the Secretary shall have
discretion with respect to whether or not the reversionary
interests of the United States are to be exercised.
(2) Description of land.--The parcels of land referred to
in paragraph (1) are--
(A) the 120-acre parcel that is part of a tract of public
land acquired by the Boy Scouts under the Act of June 14,
1926 (commonly known as the ``Recreation and Public Purposes
Act'') (43 U.S.C. 869 et seq.) for the purpose of operating a
camp, which is more particularly described as the W 1/2 SE 1/
4 and SE 1/4 SE 1/4 sec. 26, T. 35 S., R. 9 W., Salt Lake
Base and Meridian; and
(B) the 2 parcels of private land owned by Brian Head
Resort that total 120 acres, which are more particularly
described as--
(i) NE 1/4 NW 1/4 and NE 1/4 NE 1/4 sec. 25, T. 35 S., R. 9
W., Salt Lake Base and Meridian; and
(ii) SE 1/4 SE 1/4 sec. 24, T. 35. S., R. 9 W., Salt Lake
Base Meridian.
(3) Conditions.--On conveyance to the Boy Scouts under
paragraph (1)(A), the parcels of land described in paragraph
(2)(B) shall be subject to the terms and conditions imposed
on the entire tract of land acquired by the Boy Scouts for a
camp under the Bureau of Land Management patent numbered 43-
75-0010.
(4) Modification of patent.--On completion of the exchange
under paragraph (1)(A), the Secretary shall amend the
original Bureau of Land Management patent providing for the
conveyance to the Boy Scouts under the Act of June 14, 1926
(commonly known as the ``Recreation and Public Purposes
Act'') (43 U.S.C. 869 et seq.) numbered 43-75-0010 to take
into account the exchange under paragraph (1)(A).
SEC. 2606. DOUGLAS COUNTY, WASHINGTON, LAND CONVEYANCE.
(a) Definitions.--In this section:
(1) Public land.--The term ``public land'' means the
approximately 622 acres of Federal land managed by the Bureau
of Land Management and identified for conveyance on the map
prepared by the Bureau of Land Management entitled ``Douglas
County Public Utility District Proposal'' and dated March 2,
2006.
(2) PUD.--The term ``PUD'' means the Public Utility
District No. 1 of Douglas County, Washington.
(3) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(4) Wells hydroelectric project.--The term ``Wells
Hydroelectric Project'' means Federal Energy Regulatory
Commission Project No. 2149.
(b) Conveyance of Public Land, Wells Hydroelectric Project,
Public Utility District No. 1 of Douglas County,
Washington.--
(1) Conveyance required.--Notwithstanding the land use
planning requirements of sections 202 and 203 of the Federal
Land Policy and Management Act of 1976 (43 U.S.C. 1712,
1713), and notwithstanding section 24 of the Federal Power
Act (16 U.S.C. 818) and Federal Power Order for Project 2149,
and subject to valid existing rights, if not later than 45
days after the date of completion of the appraisal required
under paragraph (2), the Public Utility District No. 1 of
Douglas County, Washington, submits to the Secretary an offer
to acquire the public land for the appraised value, the
Secretary shall convey, not later than 30 days after the date
of the offer, to the PUD all right, title, and interest of
the United States in and to the public land.
(2) Appraisal.--Not later than 60 days after the date of
enactment of this Act, the Secretary shall complete an
appraisal of the public land. The appraisal shall be
conducted in accordance with the ``Uniform Appraisal
Standards for Federal Land Acquisitions'' and the ``Uniform
Standards of Professional Appraisal Practice''.
(3) Payment.--Not later than 30 days after the date on
which the public land is conveyed under this subsection, the
PUD shall pay to the Secretary an amount equal to the
appraised value of the public land as determined under
paragraph (2).
(4) Map and legal descriptions.--As soon as practicable
after the date of enactment of this Act, the Secretary shall
finalize legal descriptions of the public land to be conveyed
under this subsection. The Secretary may correct any minor
errors in the map referred to in subsection (a)(1) or in the
legal descriptions. The map and legal descriptions shall be
on file and available for public inspection in appropriate
offices of the Bureau of Land Management.
(5) Costs of conveyance.--As a condition of conveyance, any
costs related to the conveyance under this subsection shall
be paid by the PUD.
(6) Disposition of proceeds.--The Secretary shall deposit
the proceeds from the sale in the Federal Land Disposal
Account established by section 206 of the Federal Land
Transaction Facilitation Act (43 U.S.C. 2305) to be expended
to improve access to public lands administered by the Bureau
of Land Management in the State of Washington.
(c) Segregation of Lands.--
(1) Withdrawal.--Except as provided in subsection (b)(1),
effective immediately upon enactment of this Act, and subject
to valid existing rights, the public land is withdrawn from--
(A) all forms of entry, appropriation, or disposal under
the public land laws, and all amendments thereto;
(B) location, entry, and patenting under the mining laws,
and all amendments thereto; and
(C) operation of the mineral leasing, mineral materials,
and geothermal leasing laws, and all amendments thereto.
[[Page 8636]]
(2) Duration.--This subsection expires two years after the
date of enactment of this Act or on the date of the
completion of the conveyance under subsection (b), whichever
is earlier.
(d) Retained Authority.--The Secretary shall retain the
authority to place conditions on the license to insure
adequate protection and utilization of the public land
granted to the Secretary in section 4(e) of the Federal Power
Act (16 U.S.C. 797(e)) until the Federal Energy Regulatory
Commission has issued a new license for the Wells
Hydroelectric Project, to replace the original license
expiring May 31, 2012, consistent with section 15 of the
Federal Power Act (16 U.S.C. 808).
SEC. 2607. TWIN FALLS, IDAHO, LAND CONVEYANCE.
(a) Conveyance.--As soon as practicable after the date of
enactment of this Act, the Secretary of the Interior, acting
through the Director of the Bureau of Land Management, shall
convey to the city of Twin Falls, Idaho, subject to valid
existing rights, without consideration, all right, title, and
interest of the United States in and to the 4 parcels of land
described in subsection (b).
(b) Land Description.--The 4 parcels of land to be conveyed
under subsection (a) are the approximately 165 acres of land
in Twin Falls County, Idaho, that are identified as ``Land to
be conveyed to Twin Falls'' on the map titled ``Twin Falls
Land Conveyance'' and dated July 28, 2008.
(c) Map on File.--A map depicting the land described in
subsection (b) shall be on file and available for public
inspection in the appropriate offices of the Bureau of Land
Management.
(d) Use of Conveyed Lands.--
(1) Purpose.--The land conveyed under this section shall be
used to support the public purposes of the Auger Falls
Project, including a limited agricultural exemption to allow
for water quality and wildlife habitat improvements.
(2) Restriction.--The land conveyed under this section
shall not be used for residential or commercial purposes,
except for the limited agricultural exemption described in
paragraph (1).
(3) Additional terms and conditions.--The Secretary of the
Interior may require such additional terms and conditions in
connection with the conveyance as the Secretary considers
appropriate to protect the interests of the United States.
(e) Reversion.--If the land conveyed under this section is
no longer used in accordance with subsection (d)--
(1) the land shall, at the discretion of the Secretary
based on his determination of the best interests of the
United States, revert to the United States; and
(2) if the Secretary chooses to have the land revert to the
United States and if the Secretary determines that the land
is environmentally contaminated, the city of Twin Falls,
Idaho, or any other person responsible for the contamination
shall remediate the contamination.
(f) Administrative Costs.--The Secretary shall require that
the city of Twin Falls, Idaho, pay all survey costs and other
administrative costs necessary for the preparation and
completion of any patents of and transfer of title to
property under this section.
SEC. 2608. SUNRISE MOUNTAIN INSTANT STUDY AREA RELEASE,
NEVADA.
(a) Finding.--Congress finds that the land described in
subsection (c) has been adequately studied for wilderness
designation under section 603 of the Federal Land Policy and
Management Act of 1976 (43 U.S.C. 1782).
(b) Release.--The land described in subsection (c)--
(1) is no longer subject to section 603(c) of the Federal
Land Policy and Management Act of 1976 (43 U.S.C. 1782(c));
and
(2) shall be managed in accordance with--
(A) land management plans adopted under section 202 of that
Act (43 U.S.C. 1712); and
(B) cooperative conservation agreements in existence on the
date of the enactment of this Act.
(c) Description of Land.--The land referred to in
subsections (a) and (b) is the approximately 70 acres of land
in the Sunrise Mountain Instant Study Area of Clark County,
Nevada, that is designated on the map entitled ``Sunrise
Mountain ISA Release Areas'' and dated September 6, 2008.
SEC. 2609. PARK CITY, UTAH, LAND CONVEYANCE.
(a) Conveyance of Land by the Bureau of Land Management to
Park City, Utah.--
(1) Land transfer.--Notwithstanding the planning
requirements of sections 202 and 203 of the Federal Land
Policy and Management Act of 1976 (43 U.S.C. 1712, 1713), the
Secretary of the Interior shall convey, not later than 180
days after the date of the enactment of this Act, to Park
City, Utah, all right, title, and interest of the United
States in and to two parcels of real property located in Park
City, Utah, that are currently under the management
jurisdiction of the Bureau of Land Management and designated
as parcel 8 (commonly known as the White Acre parcel) and
parcel 16 (commonly known as the Gambel Oak parcel). The
conveyance shall be subject to all valid existing rights.
(2) Deed restriction.--The conveyance of the lands under
paragraph (1) shall be made by a deed or deeds containing a
restriction requiring that the lands be maintained as open
space and used solely for public recreation purposes or other
purposes consistent with their maintenance as open space.
This restriction shall not be interpreted to prohibit the
construction or maintenance of recreational facilities,
utilities, or other structures that are consistent with the
maintenance of the lands as open space or its use for public
recreation purposes.
(3) Consideration.--In consideration for the transfer of
the land under paragraph (1), Park City shall pay to the
Secretary of the Interior an amount consistent with
conveyances to governmental entities for recreational
purposes under the Act of June 14, 1926 (commonly known as
the Recreation and Public Purposes Act; 43 U.S.C. 869 et
seq.).
(b) Sale of Bureau of Land Management Land in Park City,
Utah, at Auction.--
(1) Sale of land.--Not later than 180 days after the date
of the enactment of this Act, the Secretary of the Interior
shall offer for sale any right, title, or interest of the
United States in and to two parcels of real property located
in Park City, Utah, that are currently under the management
jurisdiction of the Bureau of Land Management and are
designated as parcels 17 and 18 in the Park City, Utah, area.
The sale of the land shall be carried out in accordance with
the Federal Land Policy and Management Act of 1976 (43 U.S.C.
1701) and other applicable law, other than the planning
provisions of sections 202 and 203 of such Act (43 U.S.C.
1712, 1713), and shall be subject to all valid existing
rights.
(2) Method of sale.--The sale of the land under paragraph
(1) shall be consistent with subsections (d) and (f) of
section 203 of the Federal Land Policy and Management Act of
1976 (43 U.S.C. 1713) through a competitive bidding process
and for not less than fair market value.
(c) Disposition of Land Sales Proceeds.--All proceeds
derived from the sale of land described in this section shall
be deposited in the Federal Land Disposal Account established
by section 206(a) of the Federal Land Transaction
Facilitation Act (43 U.S.C. 2305(a)).
SEC. 2610. RELEASE OF REVERSIONARY INTEREST IN CERTAIN LANDS
IN RENO, NEVADA.
(a) Railroad Lands Defined.--For the purposes of this
section, the term ``railroad lands'' means those lands within
the City of Reno, Nevada, located within portions of sections
10, 11, and 12 of T.19 N., R. 19 E., and portions of section
7 of T.19 N., R. 20 E., Mount Diablo Meridian, Nevada, that
were originally granted to the Union Pacific Railroad under
the provisions of the Act of July 1, 1862, commonly known as
the Union Pacific Railroad Act.
(b) Release of Reversionary Interest.--Any reversionary
interests of the United States (including interests under the
Act of July 1, 1862, commonly known as the Union Pacific
Railroad Act) in and to the railroad lands as defined in
subsection (a) of this section are hereby released.
SEC. 2611. TUOLUMNE BAND OF ME-WUK INDIANS OF THE TUOLUMNE
RANCHERIA.
(a) In General.--
(1) Federal lands.--Subject to valid existing rights, all
right, title, and interest (including improvements and
appurtenances) of the United States in and to the Federal
lands described in subsection (b), the Federal lands shall be
declared to be held in trust by the United States for the
benefit of the Tribe for nongaming purposes, and shall be
subject to the same terms and conditions as those lands
described in the California Indian Land Transfer Act (Public
Law 106-568; 114 Stat. 2921).
(2) Trust lands.--Lands described in subsection (c) of this
section that are taken or to be taken in trust by the United
States for the benefit of the Tribe shall be subject to
subsection (c) of section 903 of the California Indian Land
Transfer Act (Public Law 106-568; 114 Stat. 2921).
(b) Federal Lands Described.--The Federal lands described
in this subsection, comprising approximately 66 acres, are as
follows:
(1) Township 1 North, Range 16 East, Section 6, Lots 10 and
12, MDM, containing 50.24 acres more or less.
(2) Township 1 North, Range 16 East, Section 5, Lot 16,
MDM, containing 15.35 acres more or less.
(3) Township 2 North, Range 16 East, Section 32, Indian
Cemetery Reservation within Lot 22, MDM, containing 0.4 acres
more or less.
(c) Trust Lands Described.--The trust lands described in
this subsection, comprising approximately 357 acres, are
commonly referred to as follows:
(1) Thomas property, pending trust acquisition, 104.50
acres.
(2) Coenenburg property, pending trust acquisition, 192.70
acres, subject to existing easements of record, including but
not limited to a non-exclusive easement for ingress and
egress for the benefit of adjoining property as conveyed by
Easement Deed recorded July 13, 1984, in Volume 755, Pages
189 to 192, and as further defined by Stipulation and
Judgment entered by Tuolumne County Superior Court on
September 2, 1983, and recorded June 4, 1984, in Volume 751,
Pages 61 to 67.
(3) Assessor Parcel No. 620505300, 1.5 acres, trust land.
(4) Assessor Parcel No. 620505400, 19.23 acres, trust land.
(5) Assessor Parcel No. 620505600, 3.46 acres, trust land.
(6) Assessor Parcel No. 620505700, 7.44 acres, trust land.
(7) Assessor Parcel No. 620401700, 0.8 acres, trust land.
(8) A portion of Assessor Parcel No. 620500200, 2.5 acres,
trust land.
(9) Assessor Parcel No. 620506200, 24.87 acres, trust land.
(d) Survey.--As soon as practicable after the date of the
enactment of this Act, the Office of Cadastral Survey of the
Bureau of Land Management shall complete fieldwork required
for a survey of the lands described in subsections (b)
[[Page 8637]]
and (c) for the purpose of incorporating those lands within
the boundaries of the Tuolumne Rancheria. Not later than 90
days after that fieldwork is completed, that office shall
complete the survey.
(e) Legal Descriptions.--
(1) Publication.--On approval by the Community Council of
the Tribe of the survey completed under subsection (d), the
Secretary of the Interior shall publish in the Federal
Register--
(A) a legal description of the new boundary lines of the
Tuolumne Rancheria; and
(B) a legal description of the land surveyed under
subsection (d).
(2) Effect.--Beginning on the date on which the legal
descriptions are published under paragraph (1), such legal
descriptions shall be the official legal descriptions of
those boundary lines of the Tuolumne Rancheria and the lands
surveyed.
TITLE III--FOREST SERVICE AUTHORIZATIONS
Subtitle A--Watershed Restoration and Enhancement
SEC. 3001. WATERSHED RESTORATION AND ENHANCEMENT AGREEMENTS.
Section 323 of the Department of the Interior and Related
Agencies Appropriations Act, 1999 (16 U.S.C. 1011 note;
Public Law 105-277), is amended--
(1) in subsection (a), by striking ``each of fiscal years
2006 through 2011'' and inserting ``fiscal year 2006 and each
fiscal year thereafter'';
(2) by redesignating subsection (d) as subsection (e); and
(3) by inserting after subsection (c) the following:
``(d) Applicable Law.--Chapter 63 of title 31, United
States Code, shall not apply to--
``(1) a watershed restoration and enhancement agreement
entered into under this section; or
``(2) an agreement entered into under the first section of
Public Law 94-148 (16 U.S.C. 565a-1).''.
Subtitle B--Wildland Firefighter Safety
SEC. 3101. WILDLAND FIREFIGHTER SAFETY.
(a) Definitions.--In this section:
(1) Secretaries.--The term ``Secretaries'' means--
(A) the Secretary of the Interior, acting through the
Directors of the Bureau of Land Management, the United States
Fish and Wildlife Service, the National Park Service, and the
Bureau of Indian Affairs; and
(B) the Secretary of Agriculture, acting through the Chief
of the Forest Service.
(2) Wildland firefighter.--The term ``wildland
firefighter'' means any person who participates in wildland
firefighting activities--
(A) under the direction of either of the Secretaries; or
(B) under a contract or compact with a federally recognized
Indian tribe.
(b) Annual Report to Congress.--
(1) In general.--The Secretaries shall jointly submit to
Congress an annual report on the wildland firefighter safety
practices of the Secretaries, including training programs and
activities for wildland fire suppression, prescribed burning,
and wildland fire use, during the preceding calendar year.
(2) Timeline.--Each report under paragraph (1) shall--
(A) be submitted by not later than March of the year
following the calendar year covered by the report; and
(B) include--
(i) a description of, and any changes to, wildland
firefighter safety practices, including training programs and
activities for wildland fire suppression, prescribed burning,
and wildland fire use;
(ii) statistics and trend analyses;
(iii) an estimate of the amount of Federal funds expended
by the Secretaries on wildland firefighter safety practices,
including training programs and activities for wildland fire
suppression, prescribed burning, and wildland fire use;
(iv) progress made in implementing recommendations from the
Inspector General, the Government Accountability Office, the
Occupational Safety and Health Administration, or an agency
report relating to a wildland firefighting fatality issued
during the preceding 10 years; and
(v) a description of--
(I) the provisions relating to wildland firefighter safety
practices in any Federal contract or other agreement
governing the provision of wildland firefighters by a non-
Federal entity;
(II) a summary of any actions taken by the Secretaries to
ensure that the provisions relating to safety practices,
including training, are complied with by the non-Federal
entity; and
(III) the results of those actions.
Subtitle C--Wyoming Range
SEC. 3201. DEFINITIONS.
In this subtitle:
(1) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(2) Wyoming range withdrawal area.--The term ``Wyoming
Range Withdrawal Area'' means all National Forest System land
and federally owned minerals located within the boundaries of
the Bridger-Teton National Forest identified on the map
entitled ``Wyoming Range Withdrawal Area'' and dated October
17, 2007, on file with the Office of the Chief of the Forest
Service and the Office of the Supervisor of the Bridger-Teton
National Forest.
SEC. 3202. WITHDRAWAL OF CERTAIN LAND IN THE WYOMING RANGE.
(a) Withdrawal.--Except as provided in subsection (f),
subject to valid existing rights as of the date of enactment
of this Act and the provisions of this subtitle, land in the
Wyoming Range Withdrawal Area is withdrawn from--
(1) all forms of appropriation or disposal under the public
land laws;
(2) location, entry, and patent under the mining laws; and
(3) disposition under laws relating to mineral and
geothermal leasing.
(b) Existing Rights.--If any right referred to in
subsection (a) is relinquished or otherwise acquired by the
United States (including through donation under section 3203)
after the date of enactment of this Act, the land subject to
that right shall be withdrawn in accordance with this
section.
(c) Buffers.--Nothing in this section requires--
(1) the creation of a protective perimeter or buffer area
outside the boundaries of the Wyoming Range Withdrawal Area;
or
(2) any prohibition on activities outside of the boundaries
of the Wyoming Range Withdrawal Area that can be seen or
heard from within the boundaries of the Wyoming Range
Withdrawal Area.
(d) Land and Resource Management Plan.--
(1) In general.--Subject to paragraph (2), the Bridger-
Teton National Land and Resource Management Plan (including
any revisions to the Plan) shall apply to any land within the
Wyoming Range Withdrawal Area.
(2) Conflicts.--If there is a conflict between this
subtitle and the Bridger-Teton National Land and Resource
Management Plan, this subtitle shall apply.
(e) Prior Lease Sales.--Nothing in this section prohibits
the Secretary from taking any action necessary to issue,
deny, remove the suspension of, or cancel a lease, or any
sold lease parcel that has not been issued, pursuant to any
lease sale conducted prior to the date of enactment of this
Act, including the completion of any requirements under the
National Environmental Policy Act of 1969 (42 U.S.C. 4321 et
seq.).
(f) Exception.--Notwithstanding the withdrawal in
subsection (a), the Secretary may lease oil and gas resources
in the Wyoming Range Withdrawal Area that are within 1 mile
of the boundary of the Wyoming Range Withdrawal Area in
accordance with the Mineral Leasing Act (30 U.S.C. 181 et
seq.) and subject to the following conditions:
(1) The lease may only be accessed by directional drilling
from a lease held by production on the date of enactment of
this Act on National Forest System land that is adjacent to,
and outside of, the Wyoming Range Withdrawal Area.
(2) The lease shall prohibit, without exception or waiver,
surface occupancy and surface disturbance for any activities,
including activities related to exploration, development, or
production.
(3) The directional drilling may extend no further than 1
mile inside the boundary of the Wyoming Range Withdrawal
Area.
SEC. 3203. ACCEPTANCE OF THE DONATION OF VALID EXISTING
MINING OR LEASING RIGHTS IN THE WYOMING RANGE.
(a) Notification of Leaseholders.--Not later than 120 days
after the date of enactment of this Act, the Secretary shall
provide notice to holders of valid existing mining or leasing
rights within the Wyoming Range Withdrawal Area of the
potential opportunity for repurchase of those rights and
retirement under this section.
(b) Request for Lease Retirement.--
(1) In general.--A holder of a valid existing mining or
leasing right within the Wyoming Range Withdrawal Area may
submit a written notice to the Secretary of the interest of
the holder in the retirement and repurchase of that right.
(2) List of interested holders.--The Secretary shall
prepare a list of interested holders and make the list
available to any non-Federal entity or person interested in
acquiring that right for retirement by the Secretary.
(c) Prohibition.--The Secretary may not use any Federal
funds to purchase any right referred to in subsection (a).
(d) Donation Authority.--The Secretary shall--
(1) accept the donation of any valid existing mining or
leasing right in the Wyoming Range Withdrawal Area from the
holder of that right or from any non-Federal entity or person
that acquires that right; and
(2) on acceptance, cancel that right.
(e) Relationship to Other Authority.--Nothing in this
subtitle affects any authority the Secretary may otherwise
have to modify, suspend, or terminate a lease without
compensation, or to recognize the transfer of a valid
existing mining or leasing right, if otherwise authorized by
law.
Subtitle D--Land Conveyances and Exchanges
SEC. 3301. LAND CONVEYANCE TO CITY OF COFFMAN COVE, ALASKA.
(a) Definitions.--In this section:
(1) City.--The term ``City'' means the city of Coffman
Cove, Alaska.
(2) Secretary.--The term ``Secretary'' means the Secretary
of Agriculture.
(b) Conveyance.--
(1) In general.--Subject to valid existing rights, the
Secretary shall convey to the City, without consideration and
by quitclaim deed all right, title, and interest of the
United States, except as provided in paragraphs (3) and (4),
in and to the parcel of National Forest System land described
in paragraph (2).
[[Page 8638]]
(2) Description of land.--
(A) In general.--The parcel of National Forest System land
referred to in paragraph (1) is the approximately 12 acres of
land identified in U.S. Survey 10099, as depicted on the plat
entitled ``Subdivision of U.S. Survey No. 10099'' and
recorded as Plat 2003-1 on January 21, 2003, Petersburg
Recording District, Alaska.
(B) Excluded land.--The parcel of National Forest System
land conveyed under paragraph (1) does not include the
portion of U.S. Survey 10099 that is north of the right-of-
way for Forest Development Road 3030-295 and southeast of
Tract CC-8.
(3) Right-of-way.--The United States may reserve a right-
of-way to provide access to the National Forest System land
excluded from the conveyance to the City under paragraph
(2)(B).
(4) Reversion.--If any portion of the land conveyed under
paragraph (1) (other than a portion of land sold under
paragraph (5)) ceases to be used for public purposes, the
land shall, at the option of the Secretary, revert to the
United States.
(5) Conditions on subsequent conveyances.--If the City
sells any portion of the land conveyed to the City under
paragraph (1)--
(A) the amount of consideration for the sale shall reflect
fair market value, as determined by an appraisal; and
(B) the City shall pay to the Secretary an amount equal to
the gross proceeds of the sale, which shall be available,
without further appropriation, for the Tongass National
Forest.
SEC. 3302. BEAVERHEAD-DEERLODGE NATIONAL FOREST LAND
CONVEYANCE, MONTANA.
(a) Definitions.--In this section:
(1) County.--The term ``County'' means Jefferson County,
Montana.
(2) Map.--The term ``map'' means the map that is--
(A) entitled ``Elkhorn Cemetery'';
(B) dated May 9, 2005; and
(C) on file in the office of the Beaverhead-Deerlodge
National Forest Supervisor.
(3) Secretary.--The term ``Secretary'' means the Secretary
of Agriculture.
(b) Conveyance to Jefferson County, Montana.--
(1) Conveyance.--Not later than 180 days after the date of
enactment of this Act and subject to valid existing rights,
the Secretary (acting through the Regional Forester, Northern
Region, Missoula, Montana) shall convey by quitclaim deed to
the County for no consideration, all right, title, and
interest of the United States, except as provided in
paragraph (5), in and to the parcel of land described in
paragraph (2).
(2) Description of land.--The parcel of land referred to in
paragraph (1) is the parcel of approximately 9.67 acres of
National Forest System land (including any improvements to
the land) in the County that is known as the ``Elkhorn
Cemetery'', as generally depicted on the map.
(3) Use of land.--As a condition of the conveyance under
paragraph (1), the County shall--
(A) use the land described in paragraph (2) as a County
cemetery; and
(B) agree to manage the cemetery with due consideration and
protection for the historic and cultural values of the
cemetery, under such terms and conditions as are agreed to by
the Secretary and the County.
(4) Easement.--In conveying the land to the County under
paragraph (1), the Secretary, in accordance with applicable
law, shall grant to the County an easement across certain
National Forest System land, as generally depicted on the
map, to provide access to the land conveyed under that
paragraph.
(5) Reversion.--In the quitclaim deed to the County, the
Secretary shall provide that the land conveyed to the County
under paragraph (1) shall revert to the Secretary, at the
election of the Secretary, if the land is--
(A) used for a purpose other than the purposes described in
paragraph (3)(A); or
(B) managed by the County in a manner that is inconsistent
with paragraph (3)(B).
SEC. 3303. SANTA FE NATIONAL FOREST; PECOS NATIONAL
HISTORICAL PARK LAND EXCHANGE.
(a) Definitions.--In this section:
(1) Federal land.--The term ``Federal land'' means the
approximately 160 acres of Federal land within the Santa Fe
National Forest in the State, as depicted on the map.
(2) Landowner.--The term ``landowner'' means the 1 or more
owners of the non-Federal land.
(3) Map.--The term ``map'' means the map entitled
``Proposed Land Exchange for Pecos National Historical
Park'', numbered 430/80,054, dated November 19, 1999, and
revised September 18, 2000.
(4) Non-federal land.--The term ``non-Federal land'' means
the approximately 154 acres of non-Federal land in the Park,
as depicted on the map.
(5) Park.--The term ``Park'' means the Pecos National
Historical Park in the State.
(6) Secretaries.--The term ``Secretaries'' means the
Secretary of the Interior and the Secretary of Agriculture,
acting jointly.
(7) State.--The term ``State'' means the State of New
Mexico.
(b) Land Exchange.--
(1) In general.--If the Secretary of the Interior accepts
the non-Federal land, title to which is acceptable to the
Secretary of the Interior, the Secretary of Agriculture
shall, subject to the conditions of this section and the
National Environmental Policy Act of 1969 (42 U.S.C. 4321 et
seq.), convey to the landowner the Federal land.
(2) Easement.--
(A) In general.--As a condition of the conveyance of the
non-Federal land, the landowner may reserve an easement
(including an easement for service access) for water
pipelines to 2 well sites located in the Park, as generally
depicted on the map.
(B) Route.--The Secretary of the Interior and the landowner
shall determine the appropriate route of the easement through
the non-Federal land.
(C) Terms and conditions.--The easement shall include such
terms and conditions relating to the use of, and access to,
the well sites and pipeline, as the Secretary of the Interior
and the landowner determine to be appropriate.
(D) Applicable law.--The easement shall be established,
operated, and maintained in compliance with applicable
Federal, State, and local laws.
(3) Valuation, appraisals, and equalization.--
(A) In general.--The value of the Federal land and non-
Federal land--
(i) shall be equal, as determined by appraisals conducted
in accordance with subparagraph (B); or
(ii) if the value is not equal, shall be equalized in
accordance with subparagraph (C).
(B) Appraisals.--
(i) In general.--The Federal land and non-Federal land
shall be appraised by an independent appraiser selected by
the Secretaries.
(ii) Requirements.--An appraisal conducted under clause (i)
shall be conducted in accordance with--
(I) the Uniform Appraisal Standards for Federal Land
Acquisitions; and
(II) the Uniform Standards of Professional Appraisal
Practice.
(iii) Approval.--The appraisals conducted under this
subparagraph shall be submitted to the Secretaries for
approval.
(C) Equalization of values.--
(i) In general.--If the values of the non-Federal land and
the Federal land are not equal, the values may be equalized
in accordance with section 206 of the Federal Land Policy and
Management Act of 1976 (43 U.S.C. 1716).
(ii) Cash equalization payments.--Any amounts received by
the Secretary of Agriculture as a cash equalization payment
under section 206(b) of the Federal Land Policy and
Management Act of 1976 (43 U.S.C. 1716(b)) shall--
(I) be deposited in the fund established by Public Law 90-
171 (commonly known as the ``Sisk Act'') (16 U.S.C. 484a);
and
(II) be available for expenditure, without further
appropriation, for the acquisition of land and interests in
land in the State.
(4) Costs.--Before the completion of the exchange under
this subsection, the Secretaries and the landowner shall
enter into an agreement that allocates the costs of the
exchange among the Secretaries and the landowner.
(5) Applicable law.--Except as otherwise provided in this
section, the exchange of land and interests in land under
this section shall be in accordance with--
(A) section 206 of the Federal Land Policy and Management
Act of 1976 (43 U.S.C. 1716); and
(B) other applicable Federal, State, and local laws.
(6) Additional terms and conditions.--The Secretaries may
require, in addition to any requirements under this section,
such terms and conditions relating to the exchange of Federal
land and non-Federal land and the granting of easements under
this section as the Secretaries determine to be appropriate
to protect the interests of the United States.
(7) Completion of the exchange.--
(A) In general.--The exchange of Federal land and non-
Federal land shall be completed not later than 180 days after
the later of--
(i) the date on which the requirements of the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.)
have been met;
(ii) the date on which the Secretary of the Interior
approves the appraisals under paragraph (3)(B)(iii); or
(iii) the date on which the Secretaries and the landowner
agree on the costs of the exchange and any other terms and
conditions of the exchange under this subsection.
(B) Notice.--The Secretaries shall submit to the Committee
on Energy and Natural Resources of the Senate and the
Committee on Resources of the House of Representatives notice
of the completion of the exchange of Federal land and non-
Federal land under this subsection.
(c) Administration.--
(1) In general.--The Secretary of the Interior shall
administer the non-Federal land acquired under this section
in accordance with the laws generally applicable to units of
the National Park System, including the Act of August 25,
1916 (commonly known as the ``National Park Service Organic
Act'') (16 U.S.C. 1 et seq.).
(2) Maps.--
(A) In general.--The map shall be on file and available for
public inspection in the appropriate offices of the
Secretaries.
(B) Transmittal of revised map to congress.--Not later than
180 days after completion of the exchange, the Secretaries
shall transmit to the Committee on Energy and Natural
Resources of the Senate and the Committee on Resources of the
House of Representatives a revised map that depicts--
(i) the Federal land and non-Federal land exchanged under
this section; and
(ii) the easement described in subsection (b)(2).
SEC. 3304. SANTA FE NATIONAL FOREST LAND CONVEYANCE, NEW
MEXICO.
(a) Definitions.--In this section:
[[Page 8639]]
(1) Claim.--The term ``Claim'' means a claim of the
Claimants to any right, title, or interest in any land
located in lot 10, sec. 22, T. 18 N., R. 12 E., New Mexico
Principal Meridian, San Miguel County, New Mexico, except as
provided in subsection (b)(1).
(2) Claimants.--The term ``Claimants'' means Ramona Lawson
and Boyd Lawson.
(3) Federal land.--The term ``Federal land'' means a parcel
of National Forest System land in the Santa Fe National
Forest, New Mexico, that is--
(A) comprised of approximately 6.20 acres of land; and
(B) described and delineated in the survey.
(4) Secretary.--The term ``Secretary'' means the Secretary
of Agriculture, acting through the Forest Service Regional
Forester, Southwestern Region.
(5) Survey.--The term ``survey'' means the survey plat
entitled ``Boundary Survey and Conservation Easement Plat'',
prepared by Chris A. Chavez, Land Surveyor, Forest Service,
NMPLS#12793, and recorded on February 27, 2007, at book 55,
page 93, of the land records of San Miguel County, New
Mexico.
(b) Santa Fe National Forest Land Conveyance.--
(1) In general.--The Secretary shall, except as provided in
subparagraph (A) and subject to valid existing rights, convey
and quitclaim to the Claimants all right, title, and interest
of the United States in and to the Federal land in exchange
for--
(A) the grant by the Claimants to the United States of a
scenic easement to the Federal land that--
(i) protects the purposes for which the Federal land was
designated under the Wild and Scenic Rivers Act (16 U.S.C.
1271 et seq.); and
(ii) is determined to be acceptable by the Secretary; and
(B) a release of the United States by the Claimants of--
(i) the Claim; and
(ii) any additional related claims of the Claimants against
the United States.
(2) Survey.--The Secretary, with the approval of the
Claimants, may make minor corrections to the survey and legal
description of the Federal land to correct clerical,
typographical, and surveying errors.
(3) Satisfaction of claim.--The conveyance of Federal land
under paragraph (1) shall constitute a full satisfaction of
the Claim.
SEC. 3305. KITTITAS COUNTY, WASHINGTON, LAND CONVEYANCE.
(a) Conveyance Required.--The Secretary of Agriculture
shall convey, without consideration, to the King and Kittitas
Counties Fire District #51 of King and Kittitas Counties,
Washington (in this section referred to as the ``District''),
all right, title, and interest of the United States in and to
a parcel of National Forest System land in Kittitas County,
Washington, consisting of approximately 1.5 acres within the
SW\1/4\ of the SE\1/4\ of section 4, township 22 north, range
11 east, Willamette meridian, for the purpose of permitting
the District to use the parcel as a site for a new Snoqualmie
Pass fire and rescue station.
(b) Reversionary Interest.--If the Secretary determines at
any time that the real property conveyed under subsection (a)
is not being used in accordance with the purpose of the
conveyance specified in such subsection, all right, title,
and interest in and to the property shall revert, at the
option of the Secretary, to the United States, and the United
States shall have the right of immediate entry onto the
property. Any determination of the Secretary under this
subsection shall be made on the record after an opportunity
for a hearing.
(c) Survey.--If necessary, the exact acreage and legal
description of the lands to be conveyed under subsection (a)
shall be determined by a survey satisfactory to the
Secretary. The cost of a survey shall be borne by the
District.
(d) Additional Terms and Conditions.--The Secretary may
require such additional terms and conditions in connection
with the conveyance under subsection (a) as the Secretary
considers appropriate to protect the interests of the United
States.
SEC. 3306. MAMMOTH COMMUNITY WATER DISTRICT USE RESTRICTIONS.
Notwithstanding Public Law 90-171 (commonly known as the
``Sisk Act'') (16 U.S.C. 484a), the approximately 36.25 acres
patented to the Mammoth County Water District (now known as
the ``Mammoth Community Water District'') by Patent No. 04-
87-0038, on June 26, 1987, and recorded in volume 482, at
page 516, of the official records of the Recorder's Office,
Mono County, California, may be used for any public purpose.
SEC. 3307. LAND EXCHANGE, WASATCH-CACHE NATIONAL FOREST,
UTAH.
(a) Definitions.--In this section:
(1) City.--The term ``City'' means the City of Bountiful,
Utah.
(2) Federal land.--The term ``Federal land'' means the land
under the jurisdiction of the Secretary identified on the map
as ``Shooting Range Special Use Permit Area''.
(3) Map.--The term ``map'' means the map entitled
``Bountiful City Land Consolidation Act'' and dated October
15, 2007.
(4) Non-federal land.--The term ``non-Federal land'' means
the 3 parcels of City land comprising a total of
approximately 1,680 acres, as generally depicted on the map.
(5) Secretary.--The term ``Secretary'' means the Secretary
of Agriculture.
(b) Exchange.--Subject to subsections (d) through (h), if
the City conveys to the Secretary all right, title, and
interest of the City in and to the non-Federal land, the
Secretary shall convey to the City all right, title, and
interest of the United States in and to the Federal land.
(c) Availability of Map.--The map shall be on file and
available for public inspection in the appropriate offices of
the Forest Service.
(d) Valuation and Equalization.--
(1) Valuation.--The value of the Federal land and the non-
Federal land to be conveyed under subsection (b)--
(A) shall be equal, as determined by appraisals carried out
in accordance with section 206 of the Federal Land Policy and
Management Act of 1976 (43 U.S.C. 1716); or
(B) if not equal, shall be equalized in accordance with
paragraph (2).
(2) Equalization.--If the value of the Federal land and the
non-Federal land to be conveyed in a land exchange under this
section is not equal, the value may be equalized by--
(A) making a cash equalization payment to the Secretary or
to the City, as appropriate; or
(B) reducing the acreage of the Federal land or the non-
Federal land to be exchanged, as appropriate.
(e) Applicable Law.--Section 206 of the Federal Land Policy
and Management Act of 1976 (43 U.S.C. 1716) shall apply to
the land exchange authorized under subsection (b), except
that the Secretary may accept a cash equalization payment in
excess of 25 percent of the value of the Federal land.
(f) Conditions.--
(1) Liability.--
(A) In general.--As a condition of the exchange under
subsection (b), the Secretary shall--
(i) require that the City--
(I) assume all liability for the shooting range located on
the Federal land, including the past, present, and future
condition of the Federal land; and
(II) hold the United States harmless for any liability for
the condition of the Federal land; and
(ii) comply with the hazardous substances disclosure
requirements of section 120(h) of the Comprehensive
Environmental Response, Compensation, and Liability Act of
1980 (42 U.S.C. 9620(h)).
(B) Limitation.--Clauses (ii) and (iii) of section
120(h)(3)(A) of the Comprehensive Environmental Response,
Compensation, and Liability Act (42 U.S.C. 9620(h)(3)(A))
shall not apply to the conveyance of Federal land under
subsection (b).
(2) Additional terms and conditions.--The land exchange
under subsection (b) shall be subject to--
(A) valid existing rights; and
(B) such additional terms and conditions as the Secretary
may require.
(g) Management of Acquired Land.--The non-Federal land
acquired by the Secretary under subsection (b) shall be--
(1) added to, and administered as part of, the Wasatch-
Cache National Forest; and
(2) managed by the Secretary in accordance with--
(A) the Act of March 1, 1911 (commonly known as the ``Weeks
Law'') (16 U.S.C. 480 et seq.); and
(B) any laws (including regulations) applicable to the
National Forest System.
(h) Easements; Rights-of-Way.--
(1) Bonneville shoreline trail easement.--In carrying out
the land exchange under subsection (b), the Secretary shall
ensure that an easement not less than 60 feet in width is
reserved for the Bonneville Shoreline Trail.
(2) Other rights-of-way.--The Secretary and the City may
reserve any other rights-of-way for utilities, roads, and
trails that--
(A) are mutually agreed to by the Secretary and the City;
and
(B) the Secretary and the City consider to be in the public
interest.
(i) Disposal of Remaining Federal Land.--
(1) In general.--The Secretary may, by sale or exchange,
dispose of all, or a portion of, the parcel of National
Forest System land comprising approximately 220 acres, as
generally depicted on the map that remains after the
conveyance of the Federal land authorized under subsection
(b), if the Secretary determines, in accordance with
paragraph (2), that the land or portion of the land is in
excess of the needs of the National Forest System.
(2) Requirements.--A determination under paragraph (1)
shall be made--
(A) pursuant to an amendment of the land and resource
management plan for the Wasatch-Cache National Forest; and
(B) after carrying out a public process consistent with the
National Environmental Policy Act of 1969 (42 U.S.C. 4321 et
seq.).
(3) Consideration.--As consideration for any conveyance of
Federal land under paragraph (1), the Secretary shall require
payment of an amount equal to not less than the fair market
value of the conveyed National Forest System land.
(4) Relation to other laws.--Any conveyance of Federal land
under paragraph (1) by exchange shall be subject to section
206 of the Federal Land Policy and Management Act of 1976 (43
U.S.C. 1716).
(5) Disposition of proceeds.--Any amounts received by the
Secretary as consideration under subsection (d) or paragraph
(3) shall be--
(A) deposited in the fund established under Public Law 90-
171 (commonly known as the ``Sisk Act'') (16 U.S.C. 484a);
and
(B) available to the Secretary, without further
appropriation and until expended, for the acquisition of land
or interests in land to be included in the Wasatch-Cache
National Forest.
[[Page 8640]]
(6) Additional terms and conditions.--Any conveyance of
Federal land under paragraph (1) shall be subject to--
(A) valid existing rights; and
(B) such additional terms and conditions as the Secretary
may require.
SEC. 3308. BOUNDARY ADJUSTMENT, FRANK CHURCH RIVER OF NO
RETURN WILDERNESS.
(a) Purposes.--The purposes of this section are--
(1) to adjust the boundaries of the wilderness area; and
(2) to authorize the Secretary to sell the land designated
for removal from the wilderness area due to encroachment.
(b) Definitions.--In this section:
(1) Land designated for exclusion.--The term ``land
designated for exclusion'' means the parcel of land that is--
(A) comprised of approximately 10.2 acres of land;
(B) generally depicted on the survey plat entitled
``Proposed Boundary Change FCRONRW Sections 15 (unsurveyed)
Township 14 North, Range 13 East, B.M., Custer County,
Idaho'' and dated November 14, 2001; and
(C) more particularly described in the survey plat and
legal description on file in--
(i) the office of the Chief of the Forest Service,
Washington, DC; and
(ii) the office of the Intermountain Regional Forester,
Ogden, Utah.
(2) Land designated for inclusion.--The term ``land
designated for inclusion'' means the parcel of National
Forest System land that is--
(A) comprised of approximately 10.2 acres of land;
(B) located in unsurveyed section 22, T. 14 N., R. 13 E.,
Boise Meridian, Custer County, Idaho;
(C) generally depicted on the map entitled ``Challis
National Forest, T.14 N., R. 13 E., B.M., Custer County,
Idaho, Proposed Boundary Change FCRONRW'' and dated September
19, 2007; and
(D) more particularly described on the map and legal
description on file in--
(i) the office of the Chief of the Forest Service,
Washington, DC; and
(ii) the Intermountain Regional Forester, Ogden, Utah.
(3) Secretary.--The term ``Secretary'' means the Secretary
of Agriculture.
(4) Wilderness area.--The term ``wilderness area'' means
the Frank Church River of No Return Wilderness designated by
section 3 of the Central Idaho Wilderness Act of 1980 (16
U.S.C. 1132 note; 94 Stat. 948).
(c) Boundary Adjustment.--
(1) Adjustment to wilderness area.--
(A) Inclusion.--The wilderness area shall include the land
designated for inclusion.
(B) Exclusion.--The wilderness area shall not include the
land designated for exclusion.
(2) Corrections to legal descriptions.--The Secretary may
make corrections to the legal descriptions.
(d) Conveyance of Land Designated for Exclusion.--
(1) In general.--Subject to paragraph (2), to resolve the
encroachment on the land designated for exclusion, the
Secretary may sell for consideration in an amount equal to
fair market value--
(A) the land designated for exclusion; and
(B) as the Secretary determines to be necessary, not more
than 10 acres of land adjacent to the land designated for
exclusion.
(2) Conditions.--The sale of land under paragraph (1) shall
be subject to the conditions that--
(A) the land to be conveyed be appraised in accordance with
the Uniform Appraisal Standards for Federal Land
Acquisitions;
(B) the person buying the land shall pay--
(i) the costs associated with appraising and, if the land
needs to be resurveyed, resurveying the land; and
(ii) any analyses and closing costs associated with the
conveyance;
(C) for management purposes, the Secretary may reconfigure
the description of the land for sale; and
(D) the owner of the adjacent private land shall have the
first opportunity to buy the land.
(3) Disposition of proceeds.--
(A) In general.--The Secretary shall deposit the cash
proceeds from a sale of land under paragraph (1) in the fund
established under Public Law 90-171 (commonly known as the
``Sisk Act'') (16 U.S.C. 484a).
(B) Availability and use.--Amounts deposited under
subparagraph (A)--
(i) shall remain available until expended for the
acquisition of land for National Forest purposes in the State
of Idaho; and
(ii) shall not be subject to transfer or reprogramming
for--
(I) wildland fire management; or
(II) any other emergency purposes.
SEC. 3309. SANDIA PUEBLO LAND EXCHANGE TECHNICAL AMENDMENT.
Section 413(b) of the T'uf Shur Bien Preservation Trust
Area Act (16 U.S.C. 539m-11) is amended--
(1) in paragraph (1), by inserting ``3,'' after
``sections''; and
(2) in the first sentence of paragraph (4), by inserting
``, as a condition of the conveyance,'' before ``remain''.
Subtitle E--Colorado Northern Front Range Study
SEC. 3401. PURPOSE.
The purpose of this subtitle is to identify options that
may be available to assist in maintaining the open space
characteristics of land that is part of the mountain backdrop
of communities in the northern section of the Front Range
area of Colorado.
SEC. 3402. DEFINITIONS.
In this subtitle:
(1) Secretary.--The term ``Secretary'' means the Secretary
of Agriculture, acting through the Chief of the Forest
Service.
(2) State.--The term ``State'' means the State of Colorado.
(3) Study area.--
(A) In general.--The term ``study area'' means the land in
southern Boulder, northern Jefferson, and northern Gilpin
Counties, Colorado, that is located west of Colorado State
Highway 93, south and east of Colorado State Highway 119, and
north of Colorado State Highway 46, as generally depicted on
the map entitled ``Colorado Northern Front Range Mountain
Backdrop Protection Study Act: Study Area'' and dated August
27, 2008.
(B) Exclusions.--The term ``study area'' does not include
land within the city limits of the cities of Arvada, Boulder,
or Golden, Colorado.
(4) Undeveloped land.--The term ``undeveloped land'' means
land--
(A) that is located within the study area;
(B) that is free or primarily free of structures; and
(C) the development of which is likely to affect adversely
the scenic, wildlife, or recreational value of the study
area.
SEC. 3403. COLORADO NORTHERN FRONT RANGE MOUNTAIN BACKDROP
STUDY.
(a) Study; Report.--Not later than 1 year after the date of
enactment of this Act and except as provided in subsection
(c), the Secretary shall--
(1) conduct a study of the land within the study area; and
(2) complete a report that--
(A) identifies the present ownership of the land within the
study area;
(B) identifies any undeveloped land that may be at risk of
development; and
(C) describes any actions that could be taken by the United
States, the State, a political subdivision of the State, or
any other parties to preserve the open and undeveloped
character of the land within the study area.
(b) Requirements.--The Secretary shall conduct the study
and develop the report under subsection (a) with the support
and participation of 1 or more of the following State and
local entities:
(1) The Colorado Department of Natural Resources.
(2) Colorado State Forest Service.
(3) Colorado State Conservation Board.
(4) Great Outdoors Colorado.
(5) Boulder, Jefferson, and Gilpin Counties, Colorado.
(c) Limitation.--If the State and local entities specified
in subsection (b) do not support and participate in the
conduct of the study and the development of the report under
this section, the Secretary may--
(1) decrease the area covered by the study area, as
appropriate; or
(2)(A) opt not to conduct the study or develop the report;
and
(B) submit to the Committee on Energy and Natural Resources
of the Senate and the Committee on Natural Resources of the
House of Representatives notice of the decision not to
conduct the study or develop the report.
(d) Effect.--Nothing in this subtitle authorizes the
Secretary to take any action that would affect the use of any
land not owned by the United States.
TITLE IV--FOREST LANDSCAPE RESTORATION
SEC. 4001. PURPOSE.
The purpose of this title is to encourage the
collaborative, science-based ecosystem restoration of
priority forest landscapes through a process that--
(1) encourages ecological, economic, and social
sustainability;
(2) leverages local resources with national and private
resources;
(3) facilitates the reduction of wildfire management costs,
including through reestablishing natural fire regimes and
reducing the risk of uncharacteristic wildfire; and
(4) demonstrates the degree to which--
(A) various ecological restoration techniques--
(i) achieve ecological and watershed health objectives; and
(ii) affect wildfire activity and management costs; and
(B) the use of forest restoration byproducts can offset
treatment costs while benefitting local rural economies and
improving forest health.
SEC. 4002. DEFINITIONS.
In this title:
(1) Fund.--The term ``Fund'' means the Collaborative Forest
Landscape Restoration Fund established by section 4003(f).
(2) Program.--The term ``program'' means the Collaborative
Forest Landscape Restoration Program established under
section 4003(a).
(3) Proposal.--The term ``proposal'' means a collaborative
forest landscape restoration proposal described in section
4003(b).
(4) Secretary.--The term ``Secretary'' means the Secretary
of Agriculture, acting through the Chief of the Forest
Service.
(5) Strategy.--The term ``strategy'' means a landscape
restoration strategy described in section 4003(b)(1).
SEC. 4003. COLLABORATIVE FOREST LANDSCAPE RESTORATION
PROGRAM.
(a) In General.--The Secretary, in consultation with the
Secretary of the Interior, shall establish a Collaborative
Forest Landscape Restoration Program to select and fund
ecological
[[Page 8641]]
restoration treatments for priority forest landscapes in
accordance with--
(1) the Endangered Species Act of 1973 (16 U.S.C. 1531 et
seq.);
(2) the National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.); and
(3) any other applicable law.
(b) Eligibility Criteria.--To be eligible for nomination
under subsection (c), a collaborative forest landscape
restoration proposal shall--
(1) be based on a landscape restoration strategy that--
(A) is complete or substantially complete;
(B) identifies and prioritizes ecological restoration
treatments for a 10-year period within a landscape that is--
(i) at least 50,000 acres;
(ii) comprised primarily of forested National Forest System
land, but may also include land under the jurisdiction of the
Bureau of Land Management, land under the jurisdiction of the
Bureau of Indian Affairs, or other Federal, State, tribal, or
private land;
(iii) in need of active ecosystem restoration; and
(iv) accessible by existing or proposed wood-processing
infrastructure at an appropriate scale to use woody biomass
and small-diameter wood removed in ecological restoration
treatments;
(C) incorporates the best available science and scientific
application tools in ecological restoration strategies;
(D) fully maintains, or contributes toward the restoration
of, the structure and composition of old growth stands
according to the pre-fire suppression old growth conditions
characteristic of the forest type, taking into account the
contribution of the stand to landscape fire adaptation and
watershed health and retaining the large trees contributing
to old growth structure;
(E) would carry out any forest restoration treatments that
reduce hazardous fuels by--
(i) focusing on small diameter trees, thinning, strategic
fuel breaks, and fire use to modify fire behavior, as
measured by the projected reduction of uncharacteristically
severe wildfire effects for the forest type (such as adverse
soil impacts, tree mortality or other impacts); and
(ii) maximizing the retention of large trees, as
appropriate for the forest type, to the extent that the trees
promote fire-resilient stands; and
(F)(i) does not include the establishment of permanent
roads; and
(ii) would commit funding to decommission all temporary
roads constructed to carry out the strategy;
(2) be developed and implemented through a collaborative
process that--
(A) includes multiple interested persons representing
diverse interests; and
(B)(i) is transparent and nonexclusive; or
(ii) meets the requirements for a resource advisory
committee under subsections (c) through (f) of section 205 of
Public Law 106-393 (16 U.S.C. 500 note);
(3) describe plans to--
(A) reduce the risk of uncharacteristic wildfire, including
through the use of fire for ecological restoration and
maintenance and reestablishing natural fire regimes, where
appropriate;
(B) improve fish and wildlife habitat, including for
endangered, threatened, and sensitive species;
(C) maintain or improve water quality and watershed
function;
(D) prevent, remediate, or control invasions of exotic
species;
(E) maintain, decommission, and rehabilitate roads and
trails;
(F) use woody biomass and small-diameter trees produced
from projects implementing the strategy;
(G) report annually on performance, including through
performance measures from the plan entitled the ``10 Year
Comprehensive Strategy Implementation Plan'' and dated
December 2006; and
(H) take into account any applicable community wildfire
protection plan;
(4) analyze any anticipated cost savings, including those
resulting from--
(A) reduced wildfire management costs; and
(B) a decrease in the unit costs of implementing ecological
restoration treatments over time;
(5) estimate--
(A) the annual Federal funding necessary to implement the
proposal; and
(B) the amount of new non-Federal investment for carrying
out the proposal that would be leveraged;
(6) describe the collaborative process through which the
proposal was developed, including a description of--
(A) participation by or consultation with State, local, and
Tribal governments; and
(B) any established record of successful collaborative
planning and implementation of ecological restoration
projects on National Forest System land and other land
included in the proposal by the collaborators; and
(7) benefit local economies by providing local employment
or training opportunities through contracts, grants, or
agreements for restoration planning, design, implementation,
or monitoring with--
(A) local private, nonprofit, or cooperative entities;
(B) Youth Conservation Corps crews or related partnerships,
with State, local, and non-profit youth groups;
(C) existing or proposed small or micro-businesses,
clusters, or incubators; or
(D) other entities that will hire or train local people to
complete such contracts, grants, or agreements; and
(8) be subject to any other requirements that the
Secretary, in consultation with the Secretary of the
Interior, determines to be necessary for the efficient and
effective administration of the program.
(c) Nomination Process.--
(1) Submission.--A proposal shall be submitted to--
(A) the appropriate Regional Forester; and
(B) if actions under the jurisdiction of the Secretary of
the Interior are proposed, the appropriate--
(i) State Director of the Bureau of Land Management;
(ii) Regional Director of the Bureau of Indian Affairs; or
(iii) other official of the Department of the Interior.
(2) Nomination.--
(A) In general.--A Regional Forester may nominate for
selection by the Secretary any proposals that meet the
eligibility criteria established by subsection (b).
(B) Concurrence.--Any proposal nominated by the Regional
Forester that proposes actions under the jurisdiction of the
Secretary of the Interior shall include the concurrence of
the appropriate--
(i) State Director of the Bureau of Land Management;
(ii) Regional Director of the Bureau of Indian Affairs; or
(iii) other official of the Department of the Interior.
(3) Documentation.--With respect to each proposal that is
nominated under paragraph (2)--
(A) the appropriate Regional Forester shall--
(i) include a plan to use Federal funds allocated to the
region to fund those costs of planning and carrying out
ecological restoration treatments on National Forest System
land, consistent with the strategy, that would not be covered
by amounts transferred to the Secretary from the Fund; and
(ii) provide evidence that amounts proposed to be
transferred to the Secretary from the Fund during the first 2
fiscal years following selection would be used to carry out
ecological restoration treatments consistent with the
strategy during the same fiscal year in which the funds are
transferred to the Secretary;
(B) if actions under the jurisdiction of the Secretary of
the Interior are proposed, the nomination shall include a
plan to fund such actions, consistent with the strategy, by
the appropriate--
(i) State Director of the Bureau of Land Management;
(ii) Regional Director of the Bureau of Indian Affairs; or
(iii) other official of the Department of the Interior; and
(C) if actions on land not under the jurisdiction of the
Secretary or the Secretary of the Interior are proposed, the
appropriate Regional Forester shall provide evidence that the
landowner intends to participate in, and provide appropriate
funding to carry out, the actions.
(d) Selection Process.--
(1) In general.--After consulting with the advisory panel
established under subsection (e), the Secretary, in
consultation with the Secretary of the Interior, shall,
subject to paragraph (2), select the best proposals that--
(A) have been nominated under subsection (c)(2); and
(B) meet the eligibility criteria established by subsection
(b).
(2) Criteria.--In selecting proposals under paragraph (1),
the Secretary shall give special consideration to--
(A) the strength of the proposal and strategy;
(B) the strength of the ecological case of the proposal and
the proposed ecological restoration strategies;
(C) the strength of the collaborative process and the
likelihood of successful collaboration throughout
implementation;
(D) whether the proposal is likely to achieve reductions in
long-term wildfire management costs;
(E) whether the proposal would reduce the relative costs of
carrying out ecological restoration treatments as a result of
the use of woody biomass and small-diameter trees; and
(F) whether an appropriate level of non-Federal investment
would be leveraged in carrying out the proposal.
(3) Limitation.--The Secretary may select not more than--
(A) 10 proposals to be funded during any fiscal year;
(B) 2 proposals in any 1 region of the National Forest
System to be funded during any fiscal year; and
(C) the number of proposals that the Secretary determines
are likely to receive adequate funding.
(e) Advisory Panel.--
(1) In general.--The Secretary shall establish and maintain
an advisory panel comprised of not more than 15 members to
evaluate, and provide recommendations on, each proposal that
has been nominated under subsection (c)(2).
(2) Representation.--The Secretary shall ensure that the
membership of the advisory panel is fairly balanced in terms
of the points of view represented and the functions to be
performed by the advisory panel.
(3) Inclusion.--The advisory panel shall include experts in
ecological restoration, fire ecology, fire management, rural
economic development, strategies for ecological adaptation to
climate change, fish and wildlife ecology, and
[[Page 8642]]
woody biomass and small-diameter tree utilization.
(f) Collaborative Forest Landscape Restoration Fund.--
(1) Establishment.--There is established in the Treasury of
the United States a fund, to be known as the ``Collaborative
Forest Landscape Restoration Fund'', to be used to pay up to
50 percent of the cost of carrying out and monitoring
ecological restoration treatments on National Forest System
land for each proposal selected to be carried out under
subsection (d).
(2) Inclusion.--The cost of carrying out ecological
restoration treatments as provided in paragraph (1) may, as
the Secretary determines to be appropriate, include
cancellation and termination costs required to be obligated
for contracts to carry out ecological restoration treatments
on National Forest System land for each proposal selected to
be carried out under subsection (d).
(3) Contents.--The Fund shall consist of such amounts as
are appropriated to the Fund under paragraph (6).
(4) Expenditures from fund.--
(A) In general.--On request by the Secretary, the Secretary
of the Treasury shall transfer from the Fund to the Secretary
such amounts as the Secretary determines are appropriate, in
accordance with paragraph (1).
(B) Limitation.--The Secretary shall not expend money from
the Fund on any 1 proposal--
(i) during a period of more than 10 fiscal years; or
(ii) in excess of $4,000,000 in any 1 fiscal year.
(5) Accounting and reporting system.--The Secretary shall
establish an accounting and reporting system for the Fund.
(6) Authorization of appropriations.--There is authorized
to be appropriated to the Fund $40,000,000 for each of fiscal
years 2009 through 2019, to remain available until expended.
(g) Program Implementation and Monitoring.--
(1) Work plan.--Not later than 180 days after the date on
which a proposal is selected to be carried out, the Secretary
shall create, in collaboration with the interested persons,
an implementation work plan and budget to implement the
proposal that includes--
(A) a description of the manner in which the proposal would
be implemented to achieve ecological and community economic
benefit, including capacity building to accomplish
restoration;
(B) a business plan that addresses--
(i) the anticipated unit treatment cost reductions over 10
years;
(ii) the anticipated costs for infrastructure needed for
the proposal;
(iii) the projected sustainability of the supply of woody
biomass and small-diameter trees removed in ecological
restoration treatments; and
(iv) the projected local economic benefits of the proposal;
(C) documentation of the non-Federal investment in the
priority landscape, including the sources and uses of the
investments; and
(D) a plan to decommission any temporary roads established
to carry out the proposal.
(2) Project implementation.--Amounts transferred to the
Secretary from the Fund shall be used to carry out ecological
restoration treatments that are--
(A) consistent with the proposal and strategy; and
(B) identified through the collaborative process described
in subsection (b)(2).
(3) Annual report.--The Secretary, in collaboration with
the Secretary of the Interior and interested persons, shall
prepare an annual report on the accomplishments of each
selected proposal that includes--
(A) a description of all acres (or other appropriate unit)
treated and restored through projects implementing the
strategy;
(B) an evaluation of progress, including performance
measures and how prior year evaluations have contributed to
improved project performance;
(C) a description of community benefits achieved, including
any local economic benefits;
(D) the results of the multiparty monitoring, evaluation,
and accountability process under paragraph (4); and
(E) a summary of the costs of--
(i) treatments; and
(ii) relevant fire management activities.
(4) Multiparty monitoring.--The Secretary shall, in
collaboration with the Secretary of the Interior and
interested persons, use a multiparty monitoring, evaluation,
and accountability process to assess the positive or negative
ecological, social, and economic effects of projects
implementing a selected proposal for not less than 15 years
after project implementation commences.
(h) Report.--Not later than 5 years after the first fiscal
year in which funding is made available to carry out
ecological restoration projects under the program, and every
5 years thereafter, the Secretary, in consultation with the
Secretary of the Interior, shall submit a report on the
program, including an assessment of whether, and to what
extent, the program is fulfilling the purposes of this title,
to--
(1) the Committee on Energy and Natural Resources of the
Senate;
(2) the Committee on Appropriations of the Senate;
(3) the Committee on Natural Resources of the House of
Representatives; and
(4) the Committee on Appropriations of the House of
Representatives.
SEC. 4004. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to the Secretary
and the Secretary of the Interior such sums as are necessary
to carry out this title.
TITLE V--RIVERS AND TRAILS
Subtitle A--Additions to the National Wild and Scenic Rivers System
SEC. 5001. FOSSIL CREEK, ARIZONA.
Section 3(a) of the Wild and Scenic Rivers Act (16 U.S.C.
1274(a)) (as amended by section 1852) is amended by adding at
the end the following:
``(205) Fossil creek, arizona.--Approximately 16.8 miles of
Fossil Creek from the confluence of Sand Rock and Calf Pen
Canyons to the confluence with the Verde River, to be
administered by the Secretary of Agriculture in the following
classes:
``(A) The approximately 2.7-mile segment from the
confluence of Sand Rock and Calf Pen Canyons to the point
where the segment exits the Fossil Spring Wilderness, as a
wild river.
``(B) The approximately 7.5-mile segment from where the
segment exits the Fossil Creek Wilderness to the boundary of
the Mazatzal Wilderness, as a recreational river.
``(C) The 6.6-mile segment from the boundary of the
Mazatzal Wilderness downstream to the confluence with the
Verde River, as a wild river.''.
SEC. 5002. SNAKE RIVER HEADWATERS, WYOMING.
(a) Short Title.--This section may be cited as the ``Craig
Thomas Snake Headwaters Legacy Act of 2008''.
(b) Findings; Purposes.--
(1) Findings.--Congress finds that--
(A) the headwaters of the Snake River System in northwest
Wyoming feature some of the cleanest sources of freshwater,
healthiest native trout fisheries, and most intact rivers and
streams in the lower 48 States;
(B) the rivers and streams of the headwaters of the Snake
River System--
(i) provide unparalleled fishing, hunting, boating, and
other recreational activities for--
(I) local residents; and
(II) millions of visitors from around the world; and
(ii) are national treasures;
(C) each year, recreational activities on the rivers and
streams of the headwaters of the Snake River System generate
millions of dollars for the economies of--
(i) Teton County, Wyoming; and
(ii) Lincoln County, Wyoming;
(D) to ensure that future generations of citizens of the
United States enjoy the benefits of the rivers and streams of
the headwaters of the Snake River System, Congress should
apply the protections provided by the Wild and Scenic Rivers
Act (16 U.S.C. 1271 et seq.) to those rivers and streams; and
(E) the designation of the rivers and streams of the
headwaters of the Snake River System under the Wild and
Scenic Rivers Act (16 U.S.C. 1271 et seq.) will signify to
the citizens of the United States the importance of
maintaining the outstanding and remarkable qualities of the
Snake River System while--
(i) preserving public access to those rivers and streams;
(ii) respecting private property rights (including existing
water rights); and
(iii) continuing to allow historic uses of the rivers and
streams.
(2) Purposes.--The purposes of this section are--
(A) to protect for current and future generations of
citizens of the United States the outstandingly remarkable
scenic, natural, wildlife, fishery, recreational, scientific,
historic, and ecological values of the rivers and streams of
the headwaters of the Snake River System, while continuing to
deliver water and operate and maintain valuable irrigation
water infrastructure; and
(B) to designate approximately 387.7 miles of the rivers
and streams of the headwaters of the Snake River System as
additions to the National Wild and Scenic Rivers System.
(c) Definitions.--In this section:
(1) Secretary concerned.--The term ``Secretary concerned''
means--
(A) the Secretary of Agriculture (acting through the Chief
of the Forest Service), with respect to each river segment
described in paragraph (205) of section 3(a) of the Wild and
Scenic Rivers Act (16 U.S.C. 1274(a)) (as added by subsection
(d)) that is not located in--
(i) Grand Teton National Park;
(ii) Yellowstone National Park;
(iii) the John D. Rockefeller, Jr. Memorial Parkway; or
(iv) the National Elk Refuge; and
(B) the Secretary of the Interior, with respect to each
river segment described in paragraph (205) of section 3(a) of
the Wild and Scenic Rivers Act (16 U.S.C. 1274(a)) (as added
by subsection (d)) that is located in--
(i) Grand Teton National Park;
(ii) Yellowstone National Park;
(iii) the John D. Rockefeller, Jr. Memorial Parkway; or
(iv) the National Elk Refuge.
(2) State.--The term ``State'' means the State of Wyoming.
(d) Wild and Scenic River Designations, Snake River
Headwaters, Wyoming.--Section 3(a) of the Wild and Scenic
Rivers Act (16 U.S.C. 1274(a)) (as amended by section 5001)
is amended by adding at the end the following:
``(206) Snake river headwaters, wyoming.--The following
segments of the Snake River System, in the State of Wyoming:
``(A) Bailey creek.--The 7-mile segment of Bailey Creek,
from the divide with the Little Greys River north to its
confluence with the Snake River, as a wild river.
``(B) Blackrock creek.--The 22-mile segment from its source
to the Bridger-Teton National Forest boundary, as a scenic
river.
[[Page 8643]]
``(C) Buffalo fork of the snake river.--The portions of the
Buffalo Fork of the Snake River, consisting of--
``(i) the 55-mile segment consisting of the North Fork, the
Soda Fork, and the South Fork, upstream from Turpin Meadows,
as a wild river;
``(ii) the 14-mile segment from Turpin Meadows to the
upstream boundary of Grand Teton National Park, as a scenic
river; and
``(iii) the 7.7-mile segment from the upstream boundary of
Grand Teton National Park to its confluence with the Snake
River, as a scenic river.
``(D) Crystal creek.--The portions of Crystal Creek,
consisting of--
``(i) the 14-mile segment from its source to the Gros
Ventre Wilderness boundary, as a wild river; and
``(ii) the 5-mile segment from the Gros Ventre Wilderness
boundary to its confluence with the Gros Ventre River, as a
scenic river.
``(E) Granite creek.--The portions of Granite Creek,
consisting of--
``(i) the 12-mile segment from its source to the end of
Granite Creek Road, as a wild river; and
``(ii) the 9.5-mile segment from Granite Hot Springs to the
point 1 mile upstream from its confluence with the Hoback
River, as a scenic river.
``(F) Gros ventre river.--The portions of the Gros Ventre
River, consisting of--
``(i) the 16.5-mile segment from its source to Darwin
Ranch, as a wild river;
``(ii) the 39-mile segment from Darwin Ranch to the
upstream boundary of Grand Teton National Park, excluding the
section along Lower Slide Lake, as a scenic river; and
``(iii) the 3.3-mile segment flowing across the southern
boundary of Grand Teton National Park to the Highlands Drive
Loop Bridge, as a scenic river.
``(G) Hoback river.--The 10-mile segment from the point 10
miles upstream from its confluence with the Snake River to
its confluence with the Snake River, as a recreational river.
``(H) Lewis river.--The portions of the Lewis River,
consisting of--
``(i) the 5-mile segment from Shoshone Lake to Lewis Lake,
as a wild river; and
``(ii) the 12-mile segment from the outlet of Lewis Lake to
its confluence with the Snake River, as a scenic river.
``(I) Pacific creek.--The portions of Pacific Creek,
consisting of--
``(i) the 22.5-mile segment from its source to the Teton
Wilderness boundary, as a wild river; and
``(ii) the 11-mile segment from the Wilderness boundary to
its confluence with the Snake River, as a scenic river.
``(J) Shoal creek.--The 8-mile segment from its source to
the point 8 miles downstream from its source, as a wild
river.
``(K) Snake river.--The portions of the Snake River,
consisting of--
``(i) the 47-mile segment from its source to Jackson Lake,
as a wild river;
``(ii) the 24.8-mile segment from 1 mile downstream of
Jackson Lake Dam to 1 mile downstream of the Teton Park Road
bridge at Moose, Wyoming, as a scenic river; and
``(iii) the 19-mile segment from the mouth of the Hoback
River to the point 1 mile upstream from the Highway 89 bridge
at Alpine Junction, as a recreational river, the boundary of
the western edge of the corridor for the portion of the
segment extending from the point 3.3 miles downstream of the
mouth of the Hoback River to the point 4 miles downstream of
the mouth of the Hoback River being the ordinary high water
mark.
``(L) Willow creek.--The 16.2-mile segment from the point
16.2 miles upstream from its confluence with the Hoback River
to its confluence with the Hoback River, as a wild river.
``(M) Wolf creek.--The 7-mile segment from its source to
its confluence with the Snake River, as a wild river.''.
(e) Management.--
(1) In general.--Each river segment described in paragraph
(205) of section 3(a) of the Wild and Scenic Rivers Act (16
U.S.C. 1274(a)) (as added by subsection (d)) shall be managed
by the Secretary concerned.
(2) Management plan.--
(A) In general.--In accordance with subparagraph (A), not
later than 3 years after the date of enactment of this Act,
the Secretary concerned shall develop a management plan for
each river segment described in paragraph (205) of section
3(a) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(a))
(as added by subsection (d)) that is located in an area under
the jurisdiction of the Secretary concerned.
(B) Required component.--Each management plan developed by
the Secretary concerned under subparagraph (A) shall contain,
with respect to the river segment that is the subject of the
plan, a section that contains an analysis and description of
the availability and compatibility of future development with
the wild and scenic character of the river segment (with
particular emphasis on each river segment that contains 1 or
more parcels of private land).
(3) Quantification of water rights reserved by river
segments.--
(A) The Secretary concerned shall apply for the
quantification of the water rights reserved by each river
segment designated by this section in accordance with the
procedural requirements of the laws of the State of Wyoming.
(B) For the purpose of the quantification of water rights
under this subsection, with respect to each Wild and Scenic
River segment designated by this section--
(i) the purposes for which the segments are designated, as
set forth in this section, are declared to be beneficial
uses; and
(ii) the priority date of such right shall be the date of
enactment of this Act.
(4) Stream gauges.--Consistent with the Wild and Scenic
Rivers Act (16 U.S.C. 1271 et seq.), the Secretary may carry
out activities at United States Geological Survey stream
gauges that are located on the Snake River (including
tributaries of the Snake River), including flow measurements
and operation, maintenance, and replacement.
(5) Consent of property owner.--No property or interest in
property located within the boundaries of any river segment
described in paragraph (205) of section 3(a) of the Wild and
Scenic Rivers Act (16 U.S.C. 1274(a)) (as added by subsection
(d)) may be acquired by the Secretary without the consent of
the owner of the property or interest in property.
(6) Effect of designations.--
(A) In general.--Nothing in this section affects valid
existing rights, including--
(i) all interstate water compacts in existence on the date
of enactment of this Act (including full development of any
apportionment made in accordance with the compacts);
(ii) water rights in the States of Idaho and Wyoming; and
(iii) water rights held by the United States.
(B) Jackson lake; jackson lake dam.--Nothing in this
section shall affect the management and operation of Jackson
Lake or Jackson Lake Dam, including the storage, management,
and release of water.
(f) Authorization of Appropriations.--There are authorized
to be appropriated such sums as are necessary to carry out
this section.
SEC. 5003. TAUNTON RIVER, MASSACHUSETTS.
(a) Designation.--Section 3(a) of the Wild and Scenic
Rivers Act (16 U.S.C. 1274(a)) (as amended by section
5002(d)) is amended by adding at the end the following:
``(207) Taunton river, massachusetts.--The main stem of the
Taunton River from its headwaters at the confluence of the
Town and Matfield Rivers in the Town of Bridgewater
downstream 40 miles to the confluence with the Quequechan
River at the Route 195 Bridge in the City of Fall River, to
be administered by the Secretary of the Interior in
cooperation with the Taunton River Stewardship Council as
follows:
``(A) The 18-mile segment from the confluence of the Town
and Matfield Rivers to Route 24 in the Town of Raynham, as a
scenic river.
``(B) The 5-mile segment from Route 24 to 0.5 miles below
Weir Bridge in the City of Taunton, as a recreational river.
``(C) The 8-mile segment from 0.5 miles below Weir Bridge
to Muddy Cove in the Town of Dighton, as a scenic river.
``(D) The 9-mile segment from Muddy Cove to the confluence
with the Quequechan River at the Route 195 Bridge in the City
of Fall River, as a recreational river.''.
(b) Management of Taunton River, Massachusetts.--
(1) Taunton river stewardship plan.--
(A) In general.--Each river segment designated by section
3(a)(206) of the Wild and Scenic Rivers Act (as added by
subsection (a)) shall be managed in accordance with the
Taunton River Stewardship Plan, dated July 2005 (including
any amendment to the Taunton River Stewardship Plan that the
Secretary of the Interior (referred to in this subsection as
the ``Secretary'') determines to be consistent with this
section).
(B) Effect.--The Taunton River Stewardship Plan described
in subparagraph (A) shall be considered to satisfy each
requirement relating to the comprehensive management plan
required under section 3(d) of the Wild and Scenic Rivers Act
(16 U.S.C. 1274(d)).
(2) Cooperative agreements.--To provide for the long-term
protection, preservation, and enhancement of each river
segment designated by section 3(a)(206) of the Wild and
Scenic Rivers Act (as added by subsection (a)), pursuant to
sections 10(e) and 11(b)(1) of the Wild and Scenic Rivers Act
(16 U.S.C. 1281(e) and 1282(b)(1)), the Secretary may enter
into cooperative agreements (which may include provisions for
financial and other assistance) with--
(A) the Commonwealth of Massachusetts (including political
subdivisions of the Commonwealth of Massachusetts);
(B) the Taunton River Stewardship Council; and
(C) any appropriate nonprofit organization, as determined
by the Secretary.
(3) Relation to national park system.--Notwithstanding
section 10(c) of the Wild and Scenic Rivers Act (16 U.S.C.
1281(c)), each river segment designated by section 3(a)(206)
of the Wild and Scenic Rivers Act (as added by subsection
(a)) shall not be--
(A) administered as a unit of the National Park System; or
(B) subject to the laws (including regulations) that govern
the administration of the National Park System.
(4) Land management.--
(A) Zoning ordinances.--The zoning ordinances adopted by
the Towns of Bridgewater, Halifax, Middleborough, Raynham,
Berkley, Dighton, Freetown, and Somerset, and the Cities of
Taunton and Fall River, Massachusetts (including any
provision of the zoning ordinances relating to the
conservation of floodplains, wetlands, and watercourses
associated with any river segment designated by section
3(a)(206) of the Wild and Scenic Rivers Act (as added by
subsection (a))), shall be considered to satisfy each
standard and requirement described in section 6(c) of the
Wild and Scenic Rivers Act (16 U.S.C. 1277(c)).
[[Page 8644]]
(B) Villages.--For the purpose of section 6(c) of the Wild
and Scenic Rivers Act (16 U.S.C. 1277(c)), each town
described in subparagraph (A) shall be considered to be a
village.
(C) Acquisition of land.--
(i) Limitation of authority of secretary.--With respect to
each river segment designated by section 3(a)(206) of the
Wild and Scenic Rivers Act (as added by subsection (a)), the
Secretary may only acquire parcels of land--
(I) by donation; or
(II) with the consent of the owner of the parcel of land.
(ii) Prohibition relating to acquisition of land by
condemnation.--In accordance with section 6(c) of the Wild
and Scenic Rivers Act (16 U.S.C. 1277(c)), with respect to
each river segment designated by section 3(a)(206) of the
Wild and Scenic Rivers Act (as added by subsection (a)), the
Secretary may not acquire any parcel of land by condemnation.
Subtitle B--Wild and Scenic Rivers Studies
SEC. 5101. MISSISQUOI AND TROUT RIVERS STUDY.
(a) Designation for Study.--Section 5(a) of the Wild and
Scenic Rivers Act (16 U.S.C. 1276(a)) is amended by adding at
the end the following:
``(140) Missisquoi and trout rivers, vermont.--The
approximately 25-mile segment of the upper Missisquoi from
its headwaters in Lowell to the Canadian border in North
Troy, the approximately 25-mile segment from the Canadian
border in East Richford to Enosburg Falls, and the
approximately 20-mile segment of the Trout River from its
headwaters to its confluence with the Missisquoi River.''.
(b) Study and Report.--Section 5(b) of the Wild and Scenic
Rivers Act (16 U.S.C. 1276(b)) is amended by adding at the
end the following:
``(19) Missisquoi and trout rivers, vermont.--Not later
than 3 years after the date on which funds are made available
to carry out this paragraph, the Secretary of the Interior
shall--
``(A) complete the study of the Missisquoi and Trout
Rivers, Vermont, described in subsection (a)(140); and
``(B) submit a report describing the results of that study
to the appropriate committees of Congress.''.
(c) Authorization of Appropriations.--There are authorized
to be appropriated such sums as are necessary to carry out
this section.
Subtitle C--Additions to the National Trails System
SEC. 5201. ARIZONA NATIONAL SCENIC TRAIL.
Section 5(a) of the National Trails System Act (16 U.S.C.
1244(a)) is amended by adding at the end the following:
``(27) Arizona national scenic trail.--
``(A) In general.--The Arizona National Scenic Trail,
extending approximately 807 miles across the State of Arizona
from the U.S.-Mexico international border to the Arizona-Utah
border, as generally depicted on the map entitled `Arizona
National Scenic Trail' and dated December 5, 2007, to be
administered by the Secretary of Agriculture, in consultation
with the Secretary of the Interior and appropriate State,
tribal, and local governmental agencies.
``(B) Availability of map.--The map shall be on file and
available for public inspection in appropriate offices of the
Forest Service.''.
SEC. 5202. NEW ENGLAND NATIONAL SCENIC TRAIL.
(a) Authorization and Administration.--Section 5(a) of the
National Trails System Act (16 U.S.C. 1244(a)) (as amended by
section 5201) is amended by adding at the end the following:
``(28) New england national scenic trail.--The New England
National Scenic Trail, a continuous trail extending
approximately 220 miles from the border of New Hampshire in
the town of Royalston, Massachusetts to Long Island Sound in
the town of Guilford, Connecticut, as generally depicted on
the map titled `New England National Scenic Trail Proposed
Route', numbered T06/80,000, and dated October 2007. The map
shall be on file and available for public inspection in the
appropriate offices of the National Park Service. The
Secretary of the Interior, in consultation with appropriate
Federal, State, tribal, regional, and local agencies, and
other organizations, shall administer the trail after
considering the recommendations of the report titled the
`Metacomet Monadnock Mattabesset Trail System National Scenic
Trail Feasibility Study and Environmental Assessment',
prepared by the National Park Service, and dated Spring 2006.
The United States shall not acquire for the trail any land or
interest in land without the consent of the owner.''.
(b) Management.--The Secretary of the Interior (referred to
in this section as the ``Secretary'') shall consider the
actions outlined in the Trail Management Blueprint described
in the report titled the ``Metacomet Monadnock Mattabesett
Trail System National Scenic Trail Feasibility Study and
Environmental Assessment'', prepared by the National Park
Service, and dated Spring 2006, as the framework for
management and administration of the New England National
Scenic Trail. Additional or more detailed plans for
administration, management, protection, access, maintenance,
or development of the trail may be developed consistent with
the Trail Management Blueprint, and as approved by the
Secretary.
(c) Cooperative Agreements.--The Secretary is authorized to
enter into cooperative agreements with the Commonwealth of
Massachusetts (and its political subdivisions), the State of
Connecticut (and its political subdivisions), and other
regional, local, and private organizations deemed necessary
and desirable to accomplish cooperative trail administrative,
management, and protection objectives consistent with the
Trail Management Blueprint. An agreement under this
subsection may include provisions for limited financial
assistance to encourage participation in the planning,
acquisition, protection, operation, development, or
maintenance of the trail.
(d) Additional Trail Segments.--Pursuant to section 6 of
the National Trails System Act (16 U.S.C. 1245), the
Secretary is encouraged to work with the State of New
Hampshire and appropriate local and private organizations to
include that portion of the Metacomet-Monadnock Trail in New
Hampshire (which lies between Royalston, Massachusetts and
Jaffrey, New Hampshire) as a component of the New England
National Scenic Trail. Inclusion of this segment, as well as
other potential side or connecting trails, is contingent upon
written application to the Secretary by appropriate State and
local jurisdictions and a finding by the Secretary that trail
management and administration is consistent with the Trail
Management Blueprint.
SEC. 5203. ICE AGE FLOODS NATIONAL GEOLOGIC TRAIL.
(a) Findings; Purpose.--
(1) Findings.--Congress finds that--
(A) at the end of the last Ice Age, some 12,000 to 17,000
years ago, a series of cataclysmic floods occurred in what is
now the northwest region of the United States, leaving a
lasting mark of dramatic and distinguishing features on the
landscape of parts of the States of Montana, Idaho,
Washington and Oregon;
(B) geological features that have exceptional value and
quality to illustrate and interpret this extraordinary
natural phenomenon are present on Federal, State, tribal,
county, municipal, and private land in the region; and
(C) in 2001, a joint study team headed by the National Park
Service that included about 70 members from public and
private entities completed a study endorsing the
establishment of an Ice Age Floods National Geologic Trail--
(i) to recognize the national significance of this
phenomenon; and
(ii) to coordinate public and private sector entities in
the presentation of the story of the Ice Age floods.
(2) Purpose.--The purpose of this section is to designate
the Ice Age Floods National Geologic Trail in the States of
Montana, Idaho, Washington, and Oregon, enabling the public
to view, experience, and learn about the features and story
of the Ice Age floods through the collaborative efforts of
public and private entities.
(b) Definitions.--In this section:
(1) Ice age floods; floods.--The term ``Ice Age floods'' or
``floods'' means the cataclysmic floods that occurred in what
is now the northwestern United States during the last Ice Age
from massive, rapid and recurring drainage of Glacial Lake
Missoula.
(2) Plan.--The term ``plan'' means the cooperative
management and interpretation plan authorized under
subsection (f)(5).
(3) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(4) Trail.--The term ``Trail'' means the Ice Age Floods
National Geologic Trail designated by subsection (c).
(c) Designation.--In order to provide for public
appreciation, understanding, and enjoyment of the nationally
significant natural and cultural features of the Ice Age
floods and to promote collaborative efforts for
interpretation and education among public and private
entities located along the pathways of the floods, there is
designated the Ice Age Floods National Geologic Trail.
(d) Location.--
(1) Map.--The route of the Trail shall be as generally
depicted on the map entitled ``Ice Age Floods National
Geologic Trail,'' numbered P43/80,000 and dated June 2004.
(2) Route.--The route shall generally follow public roads
and highways.
(3) Revision.--The Secretary may revise the map by
publication in the Federal Register of a notice of
availability of a new map as part of the plan.
(e) Map Availability.--The map referred to in subsection
(d)(1) shall be on file and available for public inspection
in the appropriate offices of the National Park Service.
(f) Administration.--
(1) In general.--The Secretary, acting through the Director
of the National Park Service, shall administer the Trail in
accordance with this section.
(2) Limitation.--Except as provided in paragraph (6)(B),
the Trail shall not be considered to be a unit of the
National Park System.
(3) Trail management office.--To improve management of the
Trail and coordinate Trail activities with other public
agencies and private entities, the Secretary may establish
and operate a trail management office at a central location
within the vicinity of the Trail.
(4) Interpretive facilities.--The Secretary may plan,
design, and construct interpretive facilities for sites
associated with the Trail if the facilities are constructed
in partnership with State, local, tribal, or non-profit
entities and are consistent with the plan.
(5) Management plan.--
(A) In general.--Not later than 3 years after funds are
made available to carry out this section, the Secretary shall
prepare a cooperative management and interpretation plan for
the Trail.
(B) Consultation.--The Secretary shall prepare the plan in
consultation with--
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(i) State, local, and tribal governments;
(ii) the Ice Age Floods Institute;
(iii) private property owners; and
(iv) other interested parties.
(C) Contents.--The plan shall--
(i) confirm and, if appropriate, expand on the inventory of
features of the floods contained in the National Park Service
study entitled ``Ice Age Floods, Study of Alternatives and
Environmental Assessment'' (February 2001) by--
(I) locating features more accurately;
(II) improving the description of features; and
(III) reevaluating the features in terms of their
interpretive potential;
(ii) review and, if appropriate, modify the map of the
Trail referred to in subsection (d)(1);
(iii) describe strategies for the coordinated development
of the Trail, including an interpretive plan for facilities,
waysides, roadside pullouts, exhibits, media, and programs
that present the story of the floods to the public
effectively; and
(iv) identify potential partnering opportunities in the
development of interpretive facilities and educational
programs to educate the public about the story of the floods.
(6) Cooperative management.--
(A) In general.--In order to facilitate the development of
coordinated interpretation, education, resource stewardship,
visitor facility development and operation, and scientific
research associated with the Trail and to promote more
efficient administration of the sites associated with the
Trail, the Secretary may enter into cooperative management
agreements with appropriate officials in the States of
Montana, Idaho, Washington, and Oregon in accordance with the
authority provided for units of the National Park System
under section 3(l) of Public Law 91-383 (16 U.S.C. 1a-2(l)).
(B) Authority.--For purposes of this paragraph only, the
Trail shall be considered a unit of the National Park System.
(7) Cooperative agreements.--The Secretary may enter into
cooperative agreements with public or private entities to
carry out this section.
(8) Effect on private property rights.--Nothing in this
section--
(A) requires any private property owner to allow public
access (including Federal, State, or local government access)
to private property; or
(B) modifies any provision of Federal, State, or local law
with respect to public access to or use of private land.
(9) Liability.--Designation of the Trail by subsection (c)
does not create any liability for, or affect any liability
under any law of, any private property owner with respect to
any person injured on the private property.
(g) Authorization of Appropriations.--There are authorized
to be appropriated such sums as are necessary to carry out
this section, of which not more than $12,000,000 may be used
for development of the Trail.
SEC. 5204. WASHINGTON-ROCHAMBEAU REVOLUTIONARY ROUTE NATIONAL
HISTORIC TRAIL.
Section 5(a) of the National Trails System Act (16 U.S.C.
1244(a)) (as amended by section 5202(a)) is amended by adding
at the end the following:
``(29) Washington-rochambeau revolutionary route national
historic trail.--
``(A) In general.--The Washington-Rochambeau Revolutionary
Route National Historic Trail, a corridor of approximately
600 miles following the route taken by the armies of General
George Washington and Count Rochambeau between Newport, Rhode
Island, and Yorktown, Virginia, in 1781 and 1782, as
generally depicted on the map entitled `WASHINGTON-ROCHAMBEAU
REVOLUTIONARY ROUTE NATIONAL HISTORIC TRAIL', numbered T01/
80,001, and dated June 2007.
``(B) Map.--The map referred to in subparagraph (A) shall
be on file and available for public inspection in the
appropriate offices of the National Park Service.
``(C) Administration.--The trail shall be administered by
the Secretary of the Interior, in consultation with--
``(i) other Federal, State, tribal, regional, and local
agencies; and
``(ii) the private sector.
``(D) Land acquisition.--The United States shall not
acquire for the trail any land or interest in land outside
the exterior boundary of any federally-managed area without
the consent of the owner of the land or interest in land.''.
SEC. 5205. PACIFIC NORTHWEST NATIONAL SCENIC TRAIL.
Section 5(a) of the National Trails System Act (16 U.S.C.
1244(a)) (as amended by section 5204) is amended by adding at
the end the following:
``(30) Pacific northwest national scenic trail.--
``(A) In general.--The Pacific Northwest National Scenic
Trail, a trail of approximately 1,200 miles, extending from
the Continental Divide in Glacier National Park, Montana, to
the Pacific Ocean Coast in Olympic National Park, Washington,
following the route depicted on the map entitled `Pacific
Northwest National Scenic Trail: Proposed Trail', numbered
T12/80,000, and dated February 2008 (referred to in this
paragraph as the `map').
``(B) Availability of map.--The map shall be on file and
available for public inspection in the appropriate offices of
the Forest Service.
``(C) Administration.--The Pacific Northwest National
Scenic Trail shall be administered by the Secretary of
Agriculture.
``(D) Land acquisition.--The United States shall not
acquire for the Pacific Northwest National Scenic Trail any
land or interest in land outside the exterior boundary of any
federally-managed area without the consent of the owner of
the land or interest in land.''.
SEC. 5206. TRAIL OF TEARS NATIONAL HISTORIC TRAIL.
Section 5(a)(16) of the National Trails System Act (16
U.S.C. 1244(a)(16)) is amended as follows:
(1) By amending subparagraph (C) to read as follows:
``(C) In addition to the areas otherwise designated under
this paragraph, the following routes and land components by
which the Cherokee Nation was removed to Oklahoma are
components of the Trail of Tears National Historic Trail, as
generally described in the environmentally preferred
alternative of the November 2007 Feasibility Study Amendment
and Environmental Assessment for Trail of Tears National
Historic Trail:
``(i) The Benge and Bell routes.
``(ii) The land components of the designated water routes
in Alabama, Arkansas, Oklahoma, and Tennessee.
``(iii) The routes from the collection forts in Alabama,
Georgia, North Carolina, and Tennessee to the emigration
depots.
``(iv) The related campgrounds located along the routes and
land components described in clauses (i) through (iii).''.
(2) In subparagraph (D)--
(A) by striking the first sentence; and
(B) by adding at the end the following: ``No lands or
interests in lands outside the exterior boundaries of any
federally administered area may be acquired by the Federal
Government for the Trail of Tears National Historic Trail
except with the consent of the owner thereof.''.
Subtitle D--National Trail System Amendments
SEC. 5301. NATIONAL TRAILS SYSTEM WILLING SELLER AUTHORITY.
(a) Authority To Acquire Land From Willing Sellers for
Certain Trails.--
(1) Oregon national historic trail.--Section 5(a)(3) of the
National Trails System Act (16 U.S.C. 1244(a)(3)) is amended
by adding at the end the following: ``No land or interest in
land outside the exterior boundaries of any federally
administered area may be acquired by the Federal Government
for the trail except with the consent of the owner of the
land or interest in land. The authority of the Federal
Government to acquire fee title under this paragraph shall be
limited to an average of not more than \1/4\ mile on either
side of the trail.''.
(2) Mormon pioneer national historic trail.--Section
5(a)(4) of the National Trails System Act (16 U.S.C.
1244(a)(4)) is amended by adding at the end the following:
``No land or interest in land outside the exterior boundaries
of any federally administered area may be acquired by the
Federal Government for the trail except with the consent of
the owner of the land or interest in land. The authority of
the Federal Government to acquire fee title under this
paragraph shall be limited to an average of not more than \1/
4\ mile on either side of the trail.''.
(3) Continental divide national scenic trail.--Section
5(a)(5) of the National Trails System Act (16 U.S.C.
1244(a)(5)) is amended by adding at the end the following:
``No land or interest in land outside the exterior boundaries
of any federally administered area may be acquired by the
Federal Government for the trail except with the consent of
the owner of the land or interest in land. The authority of
the Federal Government to acquire fee title under this
paragraph shall be limited to an average of not more than \1/
4\ mile on either side of the trail.''.
(4) Lewis and clark national historic trail.--Section
5(a)(6) of the National Trails System Act (16 U.S.C.
1244(a)(6)) is amended by adding at the end the following:
``No land or interest in land outside the exterior boundaries
of any federally administered area may be acquired by the
Federal Government for the trail except with the consent of
the owner of the land or interest in land. The authority of
the Federal Government to acquire fee title under this
paragraph shall be limited to an average of not more than \1/
4\ mile on either side of the trail.''.
(5) Iditarod national historic trail.--Section 5(a)(7) of
the National Trails System Act (16 U.S.C. 1244(a)(7)) is
amended by adding at the end the following: ``No land or
interest in land outside the exterior boundaries of any
federally administered area may be acquired by the Federal
Government for the trail except with the consent of the owner
of the land or interest in land. The authority of the Federal
Government to acquire fee title under this paragraph shall be
limited to an average of not more than \1/4\ mile on either
side of the trail.''.
(6) North country national scenic trail.--Section 5(a)(8)
of the National Trails System Act (16 U.S.C. 1244(a)(8)) is
amended by adding at the end the following: ``No land or
interest in land outside the exterior boundaries of any
federally administered area may be acquired by the Federal
Government for the trail except with the consent of the owner
of the land or interest in land.''.
(7) Ice age national scenic trail.--Section 5(a)(10) of the
National Trails System Act (16 U.S.C. 1244(a)(10)) is amended
by adding at the end the following: ``No land or interest in
land outside the exterior boundaries of any federally
administered area may be acquired by the Federal Government
for the trail except with the consent of the owner of the
land or interest in land.''.
(8) Potomac heritage national scenic trail.--Section
5(a)(11) of the National Trails System Act (16 U.S.C.
1244(a)(11)) is amended--
(A) by striking the fourth and fifth sentences; and
(B) by adding at the end the following: ``No land or
interest in land outside the exterior
[[Page 8646]]
boundaries of any federally administered area may be acquired
by the Federal Government for the trail except with the
consent of the owner of the land or interest in land.''.
(9) Nez perce national historic trail.--Section 5(a)(14) of
the National Trails System Act (16 U.S.C. 1244(a)(14)) is
amended--
(A) by striking the fourth and fifth sentences; and
(B) by adding at the end the following: ``No land or
interest in land outside the exterior boundaries of any
federally administered area may be acquired by the Federal
Government for the trail except with the consent of the owner
of the land or interest in land. The authority of the Federal
Government to acquire fee title under this paragraph shall be
limited to an average of not more than \1/4\ mile on either
side of the trail.''.
(b) Conforming Amendment.--Section 10 of the National
Trails System Act (16 U.S.C. 1249) is amended by striking
subsection (c) and inserting the following:
``(c) Authorization of Appropriations.--
``(1) In general.--Except as otherwise provided in this
Act, there are authorized to be appropriated such sums as are
necessary to implement the provisions of this Act relating to
the trails designated by section 5(a).
``(2) Natchez trace national scenic trail.--
``(A) In general.--With respect to the Natchez Trace
National Scenic Trail (referred to in this paragraph as the
`trail') designated by section 5(a)(12)--
``(i) not more than $500,000 shall be appropriated for the
acquisition of land or interests in land for the trail; and
``(ii) not more than $2,000,000 shall be appropriated for
the development of the trail.
``(B) Participation by volunteer trail groups.--The
administering agency for the trail shall encourage volunteer
trail groups to participate in the development of the
trail.''.
SEC. 5302. REVISION OF FEASIBILITY AND SUITABILITY STUDIES OF
EXISTING NATIONAL HISTORIC TRAILS.
Section 5 of the National Trails System Act (16 U.S.C.
1244) is amended by adding at the end the following:
``(g) Revision of Feasibility and Suitability Studies of
Existing National Historic Trails.--
``(1) Definitions.--In this subsection:
``(A) Route.--The term `route' includes a trail segment
commonly known as a cutoff.
``(B) Shared route.--The term `shared route' means a route
that was a segment of more than 1 historic trail, including a
route shared with an existing national historic trail.
``(2) Requirements for revision.--
``(A) In general.--The Secretary of the Interior shall
revise the feasibility and suitability studies for certain
national trails for consideration of possible additions to
the trails.
``(B) Study requirements and objectives.--The study
requirements and objectives specified in subsection (b) shall
apply to a study required by this subsection.
``(C) Completion and submission of study.--A study listed
in this subsection shall be completed and submitted to
Congress not later than 3 complete fiscal years from the date
funds are made available for the study.
``(3) Oregon national historic trail.--
``(A) Study required.--The Secretary of the Interior shall
undertake a study of the routes of the Oregon Trail listed in
subparagraph (B) and generally depicted on the map entitled
`Western Emigrant Trails 1830/1870' and dated 1991/1993, and
of such other routes of the Oregon Trail that the Secretary
considers appropriate, to determine the feasibility and
suitability of designation of 1 or more of the routes as
components of the Oregon National Historic Trail.
``(B) Covered routes.--The routes to be studied under
subparagraph (A) shall include the following:
``(i) Whitman Mission route.
``(ii) Upper Columbia River.
``(iii) Cowlitz River route.
``(iv) Meek cutoff.
``(v) Free Emigrant Road.
``(vi) North Alternate Oregon Trail.
``(vii) Goodale's cutoff.
``(viii) North Side alternate route.
``(ix) Cutoff to Barlow road.
``(x) Naches Pass Trail.
``(4) Pony express national historic trail.--The Secretary
of the Interior shall undertake a study of the approximately
20-mile southern alternative route of the Pony Express Trail
from Wathena, Kansas, to Troy, Kansas, and such other routes
of the Pony Express Trail that the Secretary considers
appropriate, to determine the feasibility and suitability of
designation of 1 or more of the routes as components of the
Pony Express National Historic Trail.
``(5) California national historic trail.--
``(A) Study required.--The Secretary of the Interior shall
undertake a study of the Missouri Valley, central, and
western routes of the California Trail listed in subparagraph
(B) and generally depicted on the map entitled `Western
Emigrant Trails 1830/1870' and dated 1991/1993, and of such
other and shared Missouri Valley, central, and western routes
that the Secretary considers appropriate, to determine the
feasibility and suitability of designation of 1 or more of
the routes as components of the California National Historic
Trail.
``(B) Covered routes.--The routes to be studied under
subparagraph (A) shall include the following:
``(i) Missouri valley routes.--
``(I) Blue Mills-Independence Road.
``(II) Westport Landing Road.
``(III) Westport-Lawrence Road.
``(IV) Fort Leavenworth-Blue River route.
``(V) Road to Amazonia.
``(VI) Union Ferry Route.
``(VII) Old Wyoming-Nebraska City cutoff.
``(VIII) Lower Plattsmouth Route.
``(IX) Lower Bellevue Route.
``(X) Woodbury cutoff.
``(XI) Blue Ridge cutoff.
``(XII) Westport Road.
``(XIII) Gum Springs-Fort Leavenworth route.
``(XIV) Atchison/Independence Creek routes.
``(XV) Fort Leavenworth-Kansas River route.
``(XVI) Nebraska City cutoff routes.
``(XVII) Minersville-Nebraska City Road.
``(XVIII) Upper Plattsmouth route.
``(XIX) Upper Bellevue route.
``(ii) Central routes.--
``(I) Cherokee Trail, including splits.
``(II) Weber Canyon route of Hastings cutoff.
``(III) Bishop Creek cutoff.
``(IV) McAuley cutoff.
``(V) Diamond Springs cutoff.
``(VI) Secret Pass.
``(VII) Greenhorn cutoff.
``(VIII) Central Overland Trail.
``(iii) Western routes.--
``(I) Bidwell-Bartleson route.
``(II) Georgetown/Dagget Pass Trail.
``(III) Big Trees Road.
``(IV) Grizzly Flat cutoff.
``(V) Nevada City Road.
``(VI) Yreka Trail.
``(VII) Henness Pass route.
``(VIII) Johnson cutoff.
``(IX) Luther Pass Trail.
``(X) Volcano Road.
``(XI) Sacramento-Coloma Wagon Road.
``(XII) Burnett cutoff.
``(XIII) Placer County Road to Auburn.
``(6) Mormon pioneer national historic trail.--
``(A) Study required.--The Secretary of the Interior shall
undertake a study of the routes of the Mormon Pioneer Trail
listed in subparagraph (B) and generally depicted in the map
entitled `Western Emigrant Trails 1830/1870' and dated 1991/
1993, and of such other routes of the Mormon Pioneer Trail
that the Secretary considers appropriate, to determine the
feasibility and suitability of designation of 1 or more of
the routes as components of the Mormon Pioneer National
Historic Trail.
``(B) Covered routes.--The routes to be studied under
subparagraph (A) shall include the following:
``(i) 1846 Subsequent routes A and B (Lucas and Clarke
Counties, Iowa).
``(ii) 1856-57 Handcart route (Iowa City to Council
Bluffs).
``(iii) Keokuk route (Iowa).
``(iv) 1847 Alternative Elkhorn and Loup River Crossings in
Nebraska.
``(v) Fort Leavenworth Road; Ox Bow route and alternates in
Kansas and Missouri (Oregon and California Trail routes used
by Mormon emigrants).
``(vi) 1850 Golden Pass Road in Utah.
``(7) Shared california and oregon trail routes.--
``(A) Study required.--The Secretary of the Interior shall
undertake a study of the shared routes of the California
Trail and Oregon Trail listed in subparagraph (B) and
generally depicted on the map entitled `Western Emigrant
Trails 1830/1870' and dated 1991/1993, and of such other
shared routes that the Secretary considers appropriate, to
determine the feasibility and suitability of designation of 1
or more of the routes as shared components of the California
National Historic Trail and the Oregon National Historic
Trail.
``(B) Covered routes.--The routes to be studied under
subparagraph (A) shall include the following:
``(i) St. Joe Road.
``(ii) Council Bluffs Road.
``(iii) Sublette cutoff.
``(iv) Applegate route.
``(v) Old Fort Kearny Road (Oxbow Trail).
``(vi) Childs cutoff.
``(vii) Raft River to Applegate.''.
SEC. 5303. CHISHOLM TRAIL AND GREAT WESTERN TRAILS STUDIES.
Section 5(c) of the National Trails System Act (16 U.S.C.
1244(c)) is amended by adding at the end the following:
``(44) Chisholm trail.--
``(A) In general.--The Chisholm Trail (also known as the
`Abilene Trail'), from the vicinity of San Antonio, Texas,
segments from the vicinity of Cuero, Texas, to Ft. Worth,
Texas, Duncan, Oklahoma, alternate segments used through
Oklahoma, to Enid, Oklahoma, Caldwell, Kansas, Wichita,
Kansas, Abilene, Kansas, and commonly used segments running
to alternative Kansas destinations.
``(B) Requirement.--In conducting the study required under
this paragraph, the Secretary of the Interior shall identify
the point at which the trail originated south of San Antonio,
Texas.
``(45) Great western trail.--
``(A) In general.--The Great Western Trail (also known as
the `Dodge City Trail'), from the vicinity of San Antonio,
Texas, north-by-northwest through the vicinities of Kerrville
and Menard, Texas, north-by-northeast through the vicinities
of Coleman and Albany, Texas, north through the vicinity of
Vernon, Texas, to Doan's Crossing, Texas, northward through
or near the vicinities of Altus, Lone Wolf, Canute, Vici, and
May, Oklahoma, north through Kansas to Dodge City, and north
through Nebraska to Ogallala.
``(B) Requirement.--In conducting the study required under
this paragraph, the Secretary of
[[Page 8647]]
the Interior shall identify the point at which the trail
originated south of San Antonio, Texas.''.
Subtitle E--Effect of Title
SEC. 5401. EFFECT.
(a) Effect on Access for Recreational Activities.--Nothing
in this title shall be construed as affecting access for
recreational activities otherwise allowed by law or
regulation, including hunting, fishing, or trapping.
(b) Effect on State Authority.--Nothing in this title shall
be construed as affecting the authority, jurisdiction, or
responsibility of the several States to manage, control, or
regulate fish and resident wildlife under State law or
regulations, including the regulation of hunting, fishing,
and trapping.
TITLE VI--DEPARTMENT OF THE INTERIOR AUTHORIZATIONS
Subtitle A--Cooperative Watershed Management Program
SEC. 6001. DEFINITIONS.
In this subtitle:
(1) Affected stakeholder.--The term ``affected
stakeholder'' means an entity that significantly affects, or
is significantly affected by, the quality or quantity of
water in a watershed, as determined by the Secretary.
(2) Grant recipient.--The term ``grant recipient'' means a
watershed group that the Secretary has selected to receive a
grant under section 6002(c)(2).
(3) Program.--The term ``program'' means the Cooperative
Watershed Management Program established by the Secretary
under section 6002(a).
(4) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(5) Watershed group.--The term ``watershed group'' means a
self-sustaining, cooperative watershed-wide group that--
(A) is comprised of representatives of the affected
stakeholders of the relevant watershed;
(B) incorporates the perspectives of a diverse array of
stakeholders, including, to the maximum extent practicable--
(i) representatives of--
(I) hydroelectric production;
(II) livestock grazing;
(III) timber production;
(IV) land development;
(V) recreation or tourism;
(VI) irrigated agricultural production;
(VII) the environment;
(VIII) potable water purveyors and industrial water users;
and
(IX) private property owners within the watershed;
(ii) any Federal agency that has authority with respect to
the watershed;
(iii) any State agency that has authority with respect to
the watershed;
(iv) any local agency that has authority with respect to
the watershed; and
(v) any Indian tribe that--
(I) owns land within the watershed; or
(II) has land in the watershed that is held in trust;
(C) is a grassroots, nonregulatory entity that addresses
water availability and quality issues within the relevant
watershed;
(D) is capable of promoting the sustainable use of the
water resources of the relevant watershed and improving the
functioning condition of rivers and streams through--
(i) water conservation;
(ii) improved water quality;
(iii) ecological resiliency; and
(iv) the reduction of water conflicts; and
(E) makes decisions on a consensus basis, as defined in the
bylaws of the watershed group.
(6) Watershed management project.--The term ``watershed
management project'' means any project (including a
demonstration project) that--
(A) enhances water conservation, including alternative
water uses;
(B) improves water quality;
(C) improves ecological resiliency of a river or stream;
(D) reduces the potential for water conflicts; or
(E) advances any other goals associated with water quality
or quantity that the Secretary determines to be appropriate.
SEC. 6002. PROGRAM.
(a) Establishment.--Not later than 180 days after the date
of enactment of this Act, the Secretary shall establish a
program, to be known as the ``Cooperative Watershed
Management Program'', under which the Secretary shall provide
grants--
(1)(A) to form a watershed group; or
(B) to enlarge a watershed group; and
(2) to conduct 1 or more projects in accordance with the
goals of a watershed group.
(b) Application.--
(1) Establishment of application process; criteria.--Not
later than 1 year after the date of enactment of this Act,
the Secretary shall establish--
(A) an application process for the program; and
(B) in consultation with the States, prioritization and
eligibility criteria for considering applications submitted
in accordance with the application process.
(c) Distribution of Grant Funds.--
(1) In general.--In distributing grant funds under this
section, the Secretary--
(A) shall comply with paragraph (2); and
(B) may give priority to watershed groups that--
(i) represent maximum diversity of interests; or
(ii) serve subbasin-sized watersheds with an 8-digit
hydrologic unit code, as defined by the United States
Geological Survey.
(2) Funding procedure.--
(A) First phase.--
(i) In general.--The Secretary may provide to a grant
recipient a first-phase grant in an amount not greater than
$100,000 each year for a period of not more than 3 years.
(ii) Mandatory use of funds.--A grant recipient that
receives a first-phase grant shall use the funds--
(I) to establish or enlarge a watershed group;
(II) to develop a mission statement for the watershed
group;
(III) to develop project concepts; and
(IV) to develop a restoration plan.
(iii) Annual determination of eligibility.--
(I) Determination.--For each year of a first-phase grant,
not later than 270 days after the date on which a grant
recipient first receives grant funds for the year, the
Secretary shall determine whether the grant recipient has
made sufficient progress during the year to justify
additional funding.
(II) Effect of determination.--If the Secretary determines
under subclause (I) that the progress of a grant recipient
during the year covered by the determination justifies
additional funding, the Secretary shall provide to the grant
recipient grant funds for the following year.
(iv) Advancement conditions.--A grant recipient shall not
be eligible to receive a second-phase grant under
subparagraph (B) until the date on which the Secretary
determines that the watershed group--
(I) has approved articles of incorporation and bylaws
governing the organization; and
(II)(aa) holds regular meetings;
(bb) has completed a mission statement; and
(cc) has developed a restoration plan and project concepts
for the watershed.
(v) Exception.--A watershed group that has not applied for
or received first-phase grants may apply for and receive
second-phase grants under subparagraph (B) if the Secretary
determines that the group has satisfied the requirements of
first-phase grants.
(B) Second phase.--
(i) In general.--A watershed group may apply for and
receive second-phase grants of $1,000,000 each year for a
period of not more than 4 years if--
(I) the watershed group has applied for and received
watershed grants under subparagraph (A); or
(II) the Secretary determines that the watershed group has
satisfied the requirements of first-phase grants.
(ii) Mandatory use of funds.--A grant recipient that
receives a second-phase grant shall use the funds to plan and
carry out watershed management projects.
(iii) Annual determination of eligibility.--
(I) Determination.--For each year of the second-phase
grant, not later than 270 days after the date on which a
grant recipient first receives grant funds for the year, the
Secretary shall determine whether the grant recipient has
made sufficient progress during the year to justify
additional funding.
(II) Effect of determination.--If the Secretary determines
under subclause (I) that the progress of a grant recipient
during the year justifies additional funding, the Secretary
shall provide to the grant recipient grant funds for the
following year.
(iv) Advancement condition.--A grant recipient shall not be
eligible to receive a third-phase grant under subparagraph
(C) until the date on which the Secretary determines that the
grant recipient has--
(I) completed each requirement of the second-phase grant;
and
(II) demonstrated that 1 or more pilot projects of the
grant recipient have resulted in demonstrable improvements,
as determined by the Secretary, in the functioning condition
of at least 1 river or stream in the watershed.
(C) Third phase.--
(i) Funding limitation.--
(I) In general.--Except as provided in subclause (II), the
Secretary may provide to a grant recipient a third-phase
grant in an amount not greater than $5,000,000 for a period
of not more than 5 years.
(II) Exception.--The Secretary may provide to a grant
recipient a third-phase grant in an amount that is greater
than the amount described in subclause (I) if the Secretary
determines that the grant recipient is capable of using the
additional amount to further the purposes of the program in a
way that could not otherwise be achieved by the grant
recipient using the amount described in subclause (I).
(ii) Mandatory use of funds.--A grant recipient that
receives a third-phase grant shall use the funds to plan and
carry out at least 1 watershed management project.
(3) Authorizing use of funds for administrative and other
costs.--A grant recipient that receives a grant under this
section may use the funds--
(A) to pay for--
(i) administrative and coordination costs, if the costs are
not greater than the lesser of--
(I) 20 percent of the total amount of the grant; or
(II) $100,000;
(ii) the salary of not more than 1 full-time employee of
the watershed group; and
(iii) any legal fees arising from the establishment of the
relevant watershed group; and
(B) to fund--
(i) water quality and quantity studies of the relevant
watershed; and
(ii) the planning, design, and implementation of any
projects relating to water quality or quantity.
[[Page 8648]]
(d) Cost Share.--
(1) Planning.--The Federal share of the cost of an activity
provided assistance through a first-phase grant shall be 100
percent.
(2) Projects carried out under second phase.--
(A) In general.--The Federal share of the cost of any
activity of a watershed management project provided
assistance through a second-phase grant shall not exceed 50
percent of the total cost of the activity.
(B) Form of non-federal share.--The non-Federal share under
subparagraph (A) may be in the form of in-kind contributions.
(3) Projects carried out under third phase.--
(A) In general.--The Federal share of the costs of any
activity of a watershed group of a grant recipient relating
to a watershed management project provided assistance through
a third-phase grant shall not exceed 50 percent of the total
costs of the watershed management project.
(B) Form of non-federal share.--The non-Federal share under
subparagraph (A) may be in the form of in-kind contributions.
(e) Annual Reports.--
(1) In general.--Not later than 1 year after the date on
which a grant recipient first receives funds under this
section, and annually thereafter, in accordance with
paragraph (2), the watershed group shall submit to the
Secretary a report that describes the progress of the
watershed group.
(2) Required degree of detail.--The contents of an annual
report required under paragraph (1) shall contain sufficient
information to enable the Secretary to complete each report
required under subsection (f), as determined by the
Secretary.
(f) Report.--Not later than 5 years after the date of
enactment of this Act, and every 5 years thereafter, the
Secretary shall submit to the Committee on Energy and Natural
Resources of the Senate and the Committee on Natural
Resources of the House of Representatives a report that
describes--
(1) the ways in which the program assists the Secretary--
(A) in addressing water conflicts;
(B) in conserving water;
(C) in improving water quality; and
(D) in improving the ecological resiliency of a river or
stream; and
(2) benefits that the program provides, including, to the
maximum extent practicable, a quantitative analysis of
economic, social, and environmental benefits.
(g) Authorization of Appropriations.--There are authorized
to be appropriated to carry out this section--
(1) $2,000,000 for each of fiscal years 2008 and 2009;
(2) $5,000,000 for fiscal year 2010;
(3) $10,000,000 for fiscal year 2011; and
(4) $20,000,000 for each of fiscal years 2012 through 2020.
SEC. 6003. EFFECT OF SUBTITLE.
Nothing in this subtitle affects the applicability of any
Federal, State, or local law with respect to any watershed
group.
Subtitle B--Competitive Status for Federal Employees in Alaska
SEC. 6101. COMPETITIVE STATUS FOR CERTAIN FEDERAL EMPLOYEES
IN THE STATE OF ALASKA.
Section 1308 of the Alaska National Interest Lands
Conservation Act (16 U.S.C. 3198) is amended by adding at the
end the following:
``(e) Competitive Status.--
``(1) In general.--Nothing in subsection (a) provides that
any person hired pursuant to the program established under
that subsection is not eligible for competitive status in the
same manner as any other employee hired as part of the
competitive service.
``(2) Redesignation of certain positions.--
``(A) Persons serving in original positions.--Not later
than 60 days after the date of enactment of this subsection,
with respect to any person hired into a permanent position
pursuant to the program established under subsection (a) who
is serving in that position as of the date of enactment of
this subsection, the Secretary shall redesignate that
position and the person serving in that position as having
been part of the competitive service as of the date that the
person was hired into that position.
``(B) Persons no longer serving in original positions.--
With respect to any person who was hired pursuant to the
program established under subsection (a) that is no longer
serving in that position as of the date of enactment of this
subsection--
``(i) the person may provide to the Secretary a request for
redesignation of the service as part of the competitive
service that includes evidence of the employment; and
``(ii) not later than 90 days of the submission of a
request under clause (i), the Secretary shall redesignate the
service of the person as being part of the competitive
service.''.
Subtitle C--Wolf Livestock Loss Demonstration Project
SEC. 6201. DEFINITIONS.
In this subtitle:
(1) Indian tribe.--The term ``Indian tribe'' has the
meaning given the term in section 4 of the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 450b).
(2) Livestock.--The term ``livestock'' means cattle, swine,
horses, mules, sheep, goats, livestock guard animals, and
other domestic animals, as determined by the Secretary.
(3) Program.--The term ``program'' means the demonstration
program established under section 6202(a).
(4) Secretaries.--The term ``Secretaries'' means the
Secretary of the Interior and the Secretary of Agriculture,
acting jointly.
SEC. 6202. WOLF COMPENSATION AND PREVENTION PROGRAM.
(a) In General.--The Secretaries shall establish a 5-year
demonstration program to provide grants to States and Indian
tribes--
(1) to assist livestock producers in undertaking proactive,
non-lethal activities to reduce the risk of livestock loss
due to predation by wolves; and
(2) to compensate livestock producers for livestock losses
due to such predation.
(b) Criteria and Requirements.--The Secretaries shall--
(1) establish criteria and requirements to implement the
program; and
(2) when promulgating regulations to implement the program
under paragraph (1), consult with States that have
implemented State programs that provide assistance to--
(A) livestock producers to undertake proactive activities
to reduce the risk of livestock loss due to predation by
wolves; or
(B) provide compensation to livestock producers for
livestock losses due to such predation.
(c) Eligibility.--To be eligible to receive a grant under
subsection (a), a State or Indian tribe shall--
(1) designate an appropriate agency of the State or Indian
tribe to administer the 1 or more programs funded by the
grant;
(2) establish 1 or more accounts to receive grant funds;
(3) maintain files of all claims received under programs
funded by the grant, including supporting documentation;
(4) submit to the Secretary--
(A) annual reports that include--
(i) a summary of claims and expenditures under the program
during the year; and
(ii) a description of any action taken on the claims; and
(B) such other reports as the Secretary may require to
assist the Secretary in determining the effectiveness of
activities provided assistance under this section; and
(5) promulgate rules for reimbursing livestock producers
under the program.
(d) Allocation of Funding.--The Secretaries shall allocate
funding made available to carry out this subtitle--
(1) equally between the uses identified in paragraphs (1)
and (2) of subsection (a); and
(2) among States and Indian tribes based on--
(A) the level of livestock predation in the State or on the
land owned by, or held in trust for the benefit of, the
Indian tribe;
(B) whether the State or Indian tribe is located in a
geographical area that is at high risk for livestock
predation; or
(C) any other factors that the Secretaries determine are
appropriate.
(e) Eligible Land.--Activities and losses described in
subsection (a) may occur on Federal, State, or private land,
or land owned by, or held in trust for the benefit of, an
Indian tribe.
(f) Federal Cost Share.--The Federal share of the cost of
any activity provided assistance made available under this
subtitle shall not exceed 50 percent of the total cost of the
activity.
SEC. 6203. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated to carry out this
subtitle $1,000,000 for fiscal year 2009 and each fiscal year
thereafter.
Subtitle D--Paleontological Resources Preservation
SEC. 6301. DEFINITIONS.
In this subtitle:
(1) Casual collecting.--The term ``casual collecting''
means the collecting of a reasonable amount of common
invertebrate and plant paleontological resources for non-
commercial personal use, either by surface collection or the
use of non-powered hand tools resulting in only negligible
disturbance to the Earth's surface and other resources. As
used in this paragraph, the terms ``reasonable amount'',
``common invertebrate and plant paleontological resources''
and ``negligible disturbance'' shall be determined by the
Secretary.
(2) Federal land.--The term ``Federal land'' means--
(A) land controlled or administered by the Secretary of the
Interior, except Indian land; or
(B) National Forest System land controlled or administered
by the Secretary of Agriculture.
(3) Indian land.--The term ``Indian Land'' means land of
Indian tribes, or Indian individuals, which are either held
in trust by the United States or subject to a restriction
against alienation imposed by the United States.
(4) Paleontological resource.--The term ``paleontological
resource'' means any fossilized remains, traces, or imprints
of organisms, preserved in or on the earth's crust, that are
of paleontological interest and that provide information
about the history of life on earth, except that the term does
not include--
(A) any materials associated with an archaeological
resource (as defined in section 3(1) of the Archaeological
Resources Protection Act of 1979 (16 U.S.C. 470bb(1)); or
(B) any cultural item (as defined in section 2 of the
Native American Graves Protection and Repatriation Act (25
U.S.C. 3001)).
(5) Secretary.--The term ``Secretary'' means the Secretary
of the Interior with respect to land controlled or
administered by the Secretary of the Interior or the
Secretary of Agriculture with respect to National Forest
System land controlled or administered by the Secretary of
Agriculture.
[[Page 8649]]
(6) State.--The term ``State'' means the 50 States, the
District of Columbia, the Commonwealth of Puerto Rico, and
any other territory or possession of the United States.
SEC. 6302. MANAGEMENT.
(a) In General.--The Secretary shall manage and protect
paleontological resources on Federal land using scientific
principles and expertise. The Secretary shall develop
appropriate plans for inventory, monitoring, and the
scientific and educational use of paleontological resources,
in accordance with applicable agency laws, regulations, and
policies. These plans shall emphasize interagency
coordination and collaborative efforts where possible with
non-Federal partners, the scientific community, and the
general public.
(b) Coordination.--To the extent possible, the Secretary of
the Interior and the Secretary of Agriculture shall
coordinate in the implementation of this subtitle.
SEC. 6303. PUBLIC AWARENESS AND EDUCATION PROGRAM.
The Secretary shall establish a program to increase public
awareness about the significance of paleontological
resources.
SEC. 6304. COLLECTION OF PALEONTOLOGICAL RESOURCES.
(a) Permit Requirement.--
(1) In general.--Except as provided in this subtitle, a
paleontological resource may not be collected from Federal
land without a permit issued under this subtitle by the
Secretary.
(2) Casual collecting exception.--The Secretary shall allow
casual collecting without a permit on Federal land controlled
or administered by the Bureau of Land Management, the Bureau
of Reclamation, and the Forest Service, where such collection
is consistent with the laws governing the management of those
Federal land and this subtitle.
(3) Previous permit exception.--Nothing in this section
shall affect a valid permit issued prior to the date of
enactment of this Act.
(b) Criteria for Issuance of a Permit.--The Secretary may
issue a permit for the collection of a paleontological
resource pursuant to an application if the Secretary
determines that--
(1) the applicant is qualified to carry out the permitted
activity;
(2) the permitted activity is undertaken for the purpose of
furthering paleontological knowledge or for public education;
(3) the permitted activity is consistent with any
management plan applicable to the Federal land concerned; and
(4) the proposed methods of collecting will not threaten
significant natural or cultural resources.
(c) Permit Specifications.--A permit for the collection of
a paleontological resource issued under this section shall
contain such terms and conditions as the Secretary deems
necessary to carry out the purposes of this subtitle. Every
permit shall include requirements that--
(1) the paleontological resource that is collected from
Federal land under the permit will remain the property of the
United States;
(2) the paleontological resource and copies of associated
records will be preserved for the public in an approved
repository, to be made available for scientific research and
public education; and
(3) specific locality data will not be released by the
permittee or repository without the written permission of the
Secretary.
(d) Modification, Suspension, and Revocation of Permits.--
(1) The Secretary may modify, suspend, or revoke a permit
issued under this section--
(A) for resource, safety, or other management
considerations; or
(B) when there is a violation of term or condition of a
permit issued pursuant to this section.
(2) The permit shall be revoked if any person working under
the authority of the permit is convicted under section 6306
or is assessed a civil penalty under section 6307.
(e) Area Closures.--In order to protect paleontological or
other resources or to provide for public safety, the
Secretary may restrict access to or close areas under the
Secretary's jurisdiction to the collection of paleontological
resources.
SEC. 6305. CURATION OF RESOURCES.
Any paleontological resource, and any data and records
associated with the resource, collected under a permit, shall
be deposited in an approved repository. The Secretary may
enter into agreements with non-Federal repositories regarding
the curation of these resources, data, and records.
SEC. 6306. PROHIBITED ACTS; CRIMINAL PENALTIES.
(a) In General.--A person may not--
(1) excavate, remove, damage, or otherwise alter or deface
or attempt to excavate, remove, damage, or otherwise alter or
deface any paleontological resources located on Federal land
unless such activity is conducted in accordance with this
subtitle;
(2) exchange, transport, export, receive, or offer to
exchange, transport, export, or receive any paleontological
resource if the person knew or should have known such
resource to have been excavated or removed from Federal land
in violation of any provisions, rule, regulation, law,
ordinance, or permit in effect under Federal law, including
this subtitle; or
(3) sell or purchase or offer to sell or purchase any
paleontological resource if the person knew or should have
known such resource to have been excavated, removed, sold,
purchased, exchanged, transported, or received from Federal
land.
(b) False Labeling Offenses.--A person may not make or
submit any false record, account, or label for, or any false
identification of, any paleontological resource excavated or
removed from Federal land.
(c) Penalties.--A person who knowingly violates or
counsels, procures, solicits, or employs another person to
violate subsection (a) or (b) shall, upon conviction, be
fined in accordance with title 18, United States Code, or
imprisoned not more than 5 years, or both; but if the sum of
the commercial and paleontological value of the
paleontological resources involved and the cost of
restoration and repair of such resources does not exceed
$500, such person shall be fined in accordance with title 18,
United States Code, or imprisoned not more than 2 years, or
both.
(d) Multiple Offenses.--In the case of a second or
subsequent violation by the same person, the amount of the
penalty assessed under subsection (c) may be doubled.
(e) General Exception.--Nothing in subsection (a) shall
apply to any person with respect to any paleontological
resource which was in the lawful possession of such person
prior to the date of enactment of this Act.
SEC. 6307. CIVIL PENALTIES.
(a) In General.--
(1) Hearing.--A person who violates any prohibition
contained in an applicable regulation or permit issued under
this subtitle may be assessed a penalty by the Secretary
after the person is given notice and opportunity for a
hearing with respect to the violation. Each violation shall
be considered a separate offense for purposes of this
section.
(2) Amount of penalty.--The amount of such penalty assessed
under paragraph (1) shall be determined under regulations
promulgated pursuant to this subtitle, taking into account
the following factors:
(A) The scientific or fair market value, whichever is
greater, of the paleontological resource involved, as
determined by the Secretary.
(B) The cost of response, restoration, and repair of the
resource and the paleontological site involved.
(C) Any other factors considered relevant by the Secretary
assessing the penalty.
(3) Multiple offenses.--In the case of a second or
subsequent violation by the same person, the amount of a
penalty assessed under paragraph (2) may be doubled.
(4) Limitation.--The amount of any penalty assessed under
this subsection for any 1 violation shall not exceed an
amount equal to double the cost of response, restoration, and
repair of resources and paleontological site damage plus
double the scientific or fair market value of resources
destroyed or not recovered.
(b) Petition for Judicial Review; Collection of Unpaid
Assessments.--
(1) Judicial review.--Any person against whom an order is
issued assessing a penalty under subsection (a) may file a
petition for judicial review of the order in the United
States District Court for the District of Columbia or in the
district in which the violation is alleged to have occurred
within the 30-day period beginning on the date the order
making the assessment was issued. Upon notice of such filing,
the Secretary shall promptly file such a certified copy of
the record on which the order was issued. The court shall
hear the action on the record made before the Secretary and
shall sustain the action if it is supported by substantial
evidence on the record considered as a whole.
(2) Failure to pay.--If any person fails to pay a penalty
under this section within 30 days--
(A) after the order making assessment has become final and
the person has not filed a petition for judicial review of
the order in accordance with paragraph (1); or
(B) after a court in an action brought in paragraph (1) has
entered a final judgment upholding the assessment of the
penalty, the Secretary may request the Attorney General to
institute a civil action in a district court of the United
States for any district in which the person if found,
resides, or transacts business, to collect the penalty (plus
interest at currently prevailing rates from the date of the
final order or the date of the final judgment, as the case
may be). The district court shall have jurisdiction to hear
and decide any such action. In such action, the validity,
amount, and appropriateness of such penalty shall not be
subject to review. Any person who fails to pay on a timely
basis the amount of an assessment of a civil penalty as
described in the first sentence of this paragraph shall be
required to pay, in addition to such amount and interest,
attorneys fees and costs for collection proceedings.
(c) Hearings.--Hearings held during proceedings instituted
under subsection (a) shall be conducted in accordance with
section 554 of title 5, United States Code.
(d) Use of Recovered Amounts.--Penalties collected under
this section shall be available to the Secretary and without
further appropriation may be used only as follows:
(1) To protect, restore, or repair the paleontological
resources and sites which were the subject of the action, and
to protect, monitor, and study the resources and sites.
(2) To provide educational materials to the public about
paleontological resources and sites.
(3) To provide for the payment of rewards as provided in
section 6308.
SEC. 6308. REWARDS AND FORFEITURE.
(a) Rewards.--The Secretary may pay from penalties
collected under section 6306 or 6307 or from appropriated
funds--
(1) consistent with amounts established in regulations by
the Secretary; or
(2) if no such regulation exists, an amount up to \1/2\ of
the penalties, to any person who furnishes information which
leads to the finding of
[[Page 8650]]
a civil violation, or the conviction of criminal violation,
with respect to which the penalty was paid. If several
persons provided the information, the amount shall be divided
among the persons. No officer or employee of the United
States or of any State or local government who furnishes
information or renders service in the performance of his
official duties shall be eligible for payment under this
subsection.
(b) Forfeiture.--All paleontological resources with respect
to which a violation under section 6306 or 6307 occurred and
which are in the possession of any person, shall be subject
to civil forfeiture, or upon conviction, to criminal
forfeiture.
(c) Transfer of Seized Resources.--The Secretary may
transfer administration of seized paleontological resources
to Federal or non-Federal educational institutions to be used
for scientific or educational purposes.
SEC. 6309. CONFIDENTIALITY.
Information concerning the nature and specific location of
a paleontological resource shall be exempt from disclosure
under section 552 of title 5, United States Code, and any
other law unless the Secretary determines that disclosure
would--
(1) further the purposes of this subtitle;
(2) not create risk of harm to or theft or destruction of
the resource or the site containing the resource; and
(3) be in accordance with other applicable laws.
SEC. 6310. REGULATIONS.
As soon as practical after the date of enactment of this
Act, the Secretary shall issue such regulations as are
appropriate to carry out this subtitle, providing
opportunities for public notice and comment.
SEC. 6311. SAVINGS PROVISIONS.
Nothing in this subtitle shall be construed to--
(1) invalidate, modify, or impose any additional
restrictions or permitting requirements on any activities
permitted at any time under the general mining laws, the
mineral or geothermal leasing laws, laws providing for
minerals materials disposal, or laws providing for the
management or regulation of the activities authorized by the
aforementioned laws including but not limited to the Federal
Land Policy Management Act (43 U.S.C. 1701-1784), Public Law
94-429 (commonly known as the ``Mining in the Parks Act'')
(16 U.S.C. 1901 et seq.), the Surface Mining Control and
Reclamation Act of 1977 (30 U.S.C. 1201-1358), and the
Organic Administration Act (16 U.S.C. 478, 482, 551);
(2) invalidate, modify, or impose any additional
restrictions or permitting requirements on any activities
permitted at any time under existing laws and authorities
relating to reclamation and multiple uses of Federal land;
(3) apply to, or require a permit for, casual collecting of
a rock, mineral, or invertebrate or plant fossil that is not
protected under this subtitle;
(4) affect any land other than Federal land or affect the
lawful recovery, collection, or sale of paleontological
resources from land other than Federal land;
(5) alter or diminish the authority of a Federal agency
under any other law to provide protection for paleontological
resources on Federal land in addition to the protection
provided under this subtitle; or
(6) create any right, privilege, benefit, or entitlement
for any person who is not an officer or employee of the
United States acting in that capacity. No person who is not
an officer or employee of the United States acting in that
capacity shall have standing to file any civil action in a
court of the United States to enforce any provision or
amendment made by this subtitle.
SEC. 6312. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as may be
necessary to carry out this subtitle.
Subtitle E--Izembek National Wildlife Refuge Land Exchange
SEC. 6401. DEFINITIONS.
In this subtitle:
(1) Corporation.--The term ``Corporation'' means the King
Cove Corporation.
(2) Federal land.--The term ``Federal land'' means--
(A) the approximately 206 acres of Federal land located
within the Refuge, as generally depicted on the map; and
(B) the approximately 1,600 acres of Federal land located
on Sitkinak Island, as generally depicted on the map.
(3) Map.--The term ``map'' means each of--
(A) the map entitled ``Izembek and Alaska Peninsula
National Wildlife Refuges'' and dated September 2, 2008; and
(B) the map entitled ``Sitkinak Island-Alaska Maritime
National Wildlife Refuge'' and dated September 2, 2008.
(4) Non-federal land.--The term ``non-Federal land''
means--
(A) the approximately 43,093 acres of land owned by the
State, as generally depicted on the map; and
(B) the approximately 13,300 acres of land owned by the
Corporation (including approximately 5,430 acres of land for
which the Corporation shall relinquish the selection rights
of the Corporation under the Alaska Native Claims Settlement
Act (43 U.S.C. 1601 et seq.) as part of the land exchange
under section 6402(a)), as generally depicted on the map.
(5) Refuge.--The term ``Refuge'' means the Izembek National
Wildlife Refuge.
(6) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(7) State.--The term ``State'' means the State of Alaska.
(8) Tribe.--The term ``Tribe'' means the Agdaagux Tribe of
King Cove, Alaska.
SEC. 6402. LAND EXCHANGE.
(a) In General.--Upon receipt of notification by the State
and the Corporation of the intention of the State and the
Corporation to exchange the non-Federal land for the Federal
land, subject to the conditions and requirements described in
this subtitle, the Secretary may convey to the State all
right, title, and interest of the United States in and to the
Federal land. The Federal land within the Refuge shall be
transferred for the purpose of constructing a single-lane
gravel road between the communities of King Cove and Cold
Bay, Alaska.
(b) Compliance With National Environmental Policy Act of
1969 and Other Applicable Laws.--
(1) In general.--In determining whether to carry out the
land exchange under subsection (a), the Secretary shall--
(A) comply with the National Environmental Policy Act of
1969 (42 U.S.C. 4321 et seq.); and
(B) except as provided in subsection (c), comply with any
other applicable law (including regulations).
(2) Environmental impact statement.--
(A) In general.--Not later than 60 days after the date on
which the Secretary receives notification under subsection
(a), the Secretary shall initiate the preparation of an
environmental impact statement required under the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).
(B) Requirements.--The environmental impact statement
prepared under subparagraph (A) shall contain--
(i) an analysis of--
(I) the proposed land exchange; and
(II) the potential construction and operation of a road
between the communities of King Cove and Cold Bay, Alaska;
and
(ii) an evaluation of a specific road corridor through the
Refuge that is identified in consultation with the State, the
City of King Cove, Alaska, and the Tribe.
(3) Cooperating agencies.--
(A) In general.--During the preparation of the
environmental impact statement under paragraph (2), each
entity described in subparagraph (B) may participate as a
cooperating agency.
(B) Authorized entities.--An authorized entity may
include--
(i) any Federal agency that has permitting jurisdiction
over the road described in paragraph (2)(B)(i)(II);
(ii) the State;
(iii) the Aleutians East Borough of the State;
(iv) the City of King Cove, Alaska;
(v) the Tribe; and
(vi) the Alaska Migratory Bird Co-Management Council.
(c) Valuation.--The conveyance of the Federal land and non-
Federal land under this section shall not be subject to any
requirement under any Federal law (including regulations)
relating to the valuation, appraisal, or equalization of
land.
(d) Public Interest Determination.--
(1) Conditions for land exchange.--Subject to paragraph
(2), to carry out the land exchange under subsection (a), the
Secretary shall determine that the land exchange (including
the construction of a road between the City of King Cove,
Alaska, and the Cold Bay Airport) is in the public interest.
(2) Limitation of authority of secretary.--The Secretary
may not, as a condition for a finding that the land exchange
is in the public interest--
(A) require the State or the Corporation to convey
additional land to the United States; or
(B) impose any restriction on the subsistence uses (as
defined in section 803 of the Alaska National Interest Lands
Conservation Act (16 U.S.C. 3113)) of waterfowl by rural
residents of the State.
(e) Kinzaroff Lagoon.--The land exchange under subsection
(a) shall not be carried out before the date on which the
parcel of land owned by the State that is located in the
Kinzaroff Lagoon has been designated by the State as a State
refuge, in accordance with the applicable laws (including
regulations) of the State.
(f) Designation of Road Corridor.--In designating the road
corridor described in subsection (b)(2)(B)(ii), the Secretary
shall--
(1) minimize the adverse impact of the road corridor on the
Refuge;
(2) transfer the minimum acreage of Federal land that is
required for the construction of the road corridor; and
(3) to the maximum extent practicable, incorporate into the
road corridor roads that are in existence as of the date of
enactment of this Act.
(g) Additional Terms and Conditions.--The land exchange
under subsection (a) shall be subject to any other term or
condition that the Secretary determines to be necessary.
SEC. 6403. KING COVE ROAD.
(a) Requirements Relating to Use, Barrier Cables, and
Dimensions.--
(1) Limitations on use.--
(A) In general.--Except as provided in subparagraph (B),
any portion of the road constructed on the Federal land
conveyed pursuant to this subtitle shall be used primarily
for health and safety purposes (including access to and from
the Cold Bay Airport) and only for noncommercial purposes.
(B) Exceptions.--Notwithstanding subparagraph (A), the use
of taxis, commercial vans for public transportation, and
shared rides (other than organized transportation of
employees to a business or other commercial facility) shall
be
[[Page 8651]]
allowed on the road described in subparagraph (A).
(C) Requirement of agreement.--The limitations of the use
of the road described in this paragraph shall be enforced in
accordance with an agreement entered into between the
Secretary and the State.
(2) Requirement of barrier cable.--The road described in
paragraph (1)(A) shall be constructed to include a cable
barrier on each side of the road, as described in the record
of decision entitled ``Mitigation Measure MM-11, King Cove
Access Project Final Environmental Impact Statement Record of
Decision'' and dated January 22, 2004, unless a different
type barrier is required as a mitigation measure in the
Record of Decision for Final Environmental Impact Statement
required in section 6402(b)(2).
(3) Required dimensions and design features.--The road
described in paragraph (1)(A) shall--
(A) have a width of not greater than a single lane, in
accordance with the applicable road standards of the State;
(B) be constructed with gravel;
(C) be constructed to comply with any specific design
features identified in the Record of Decision for Final
Environmental Impact Statement required in section 6402(b)(2)
as Mitigation Measures relative to the passage and migration
of wildlife, and also the exchange of tidal flows, where
applicable, in accordance with applicable Federal and State
design standards; and
(D) if determined to be necessary, be constructed to
include appropriate safety pullouts.
(b) Support Facilities.--Support facilities for the road
described in subsection (a)(1)(A) shall not be located within
the Refuge.
(c) Federal Permits.--It is the intent of Congress that any
Federal permit required for construction of the road be
issued or denied not later than 1 year after the date of
application for the permit.
(d) Applicable Law.--Nothing in this section amends, or
modifies the application of, section 1110 of the Alaska
National Interest Lands Conservation Act (16 U.S.C. 3170).
(e) Mitigation Plan.--
(1) In general.--Based on the evaluation of impacts
determined through the completion of the environmental impact
statement under section 6402(b)(2), the Secretary, in
consultation with the entities described in section
6402(b)(3)(B), shall develop an enforceable mitigation plan.
(2) Corrective modifications.--The Secretary may make
corrective modifications to the mitigation plan developed
under paragraph (1) if--
(A) the mitigation standards required under the mitigation
plan are maintained; and
(B) the Secretary provides an opportunity for public
comment with respect to any proposed corrective modification.
(3) Avoidance of wildlife impacts.--Road construction shall
adhere to any specific mitigation measures included in the
Record of Decision for Final Environmental Impact Statement
required in section 6402(b)(2) that--
(A) identify critical periods during the calendar year when
the refuge is utilized by wildlife, especially migratory
birds; and
(B) include specific mandatory strategies to alter, limit
or halt construction activities during identified high risk
periods in order to minimize impacts to wildlife, and
(C) allow for the timely construction of the road.
(4) Mitigation of wetland loss.--The plan developed under
this subsection shall comply with section 404 of the Federal
Water Pollution Control Act (33 U.S.C. 1344) with regard to
minimizing, to the greatest extent practicable, the filling,
fragmentation or loss of wetlands, especially intertidal
wetlands, and shall evaluate mitigating effect of those
wetlands transferred in Federal ownership under the
provisions of this subtitle.
SEC. 6404. ADMINISTRATION OF CONVEYED LANDS.
(1) Federal land.--Upon completion of the land exchange
under section 6402(a)--
(A) the boundary of the land designated as wilderness
within the Refuge shall be modified to exclude the Federal
land conveyed to the State under the land exchange; and
(B) the Federal land located on Sitkinak Island that is
withdrawn for use by the Coast Guard shall, at the request of
the State, be transferred by the Secretary to the State upon
the relinquishment or termination of the withdrawal.
(2) Non-federal land.--Upon completion of the land exchange
under section 6402(a), the non-Federal land conveyed to the
United States under this subtitle shall be--
(A) added to the Refuge or the Alaska Peninsula National
Wildlife Refuge, as appropriate, as generally depicted on the
map; and
(B) administered in accordance with the laws generally
applicable to units of the National Wildlife Refuge System.
(3) Wilderness additions.--
(A) In general.--Upon completion of the land exchange under
section 6402(a), approximately 43,093 acres of land as
generally depicted on the map shall be added to--
(i) the Izembek National Wildlife Refuge Wilderness; or
(ii) the Alaska Peninsula National Wildlife Refuge
Wilderness.
(B) Administration.--The land added as wilderness under
subparagraph (A) shall be administered by the Secretary in
accordance with the Wilderness Act (16 U.S.C. 1131 et seq.)
and other applicable laws (including regulations).
SEC. 6405. FAILURE TO BEGIN ROAD CONSTRUCTION.
(a) Notification To Void Land Exchange.--If the Secretary,
the State, and the Corporation enter into the land exchange
authorized under section 6402(a), the State or the
Corporation may notify the Secretary in writing of the
intention of the State or Corporation to void the exchange if
construction of the road through the Refuge has not begun.
(b) Disposition of Land Exchange.--Upon the latter of the
date on which the Secretary receives a request under
subsection (a), and the date on which the Secretary
determines that the Federal land conveyed under the land
exchange under section 6402(a) has not been adversely
impacted (other than any nominal impact associated with the
preparation of an environmental impact statement under
section 6402(b)(2)), the land exchange shall be null and
void.
(c) Return of Prior Ownership Status of Federal and Non-
Federal Land.--If the land exchange is voided under
subsection (b)--
(1) the Federal land and non-Federal land shall be returned
to the respective ownership status of each land prior to the
land exchange;
(2) the parcel of the Federal land that is located in the
Refuge shall be managed as part of the Izembek National
Wildlife Refuge Wilderness; and
(3) each selection of the Corporation under the Alaska
Native Claims Settlement Act (43 U.S.C. 1601 et seq.) that
was relinquished under this subtitle shall be reinstated.
SEC. 6406. EXPIRATION OF LEGISLATIVE AUTHORITY.
(a) In General.--Any legislative authority for construction
of a road shall expire at the end of the 7-year period
beginning on the date of the enactment of this subtitle
unless a construction permit has been issued during that
period.
(b) Extension of Authority.--If a construction permit is
issued within the allotted period, the 7-year authority shall
be extended for a period of 5 additional years beginning on
the date of issuance of the construction permit.
(c) Extension of Authority as Result of Legal Challenges.--
(1) In general.--Prior to the issuance of a construction
permit, if a lawsuit or administrative appeal is filed
challenging the land exchange or construction of the road
(including a challenge to the NEPA process, decisions, or any
required permit process required to complete construction of
the road), the 7-year deadline or the five-year extension
period, as appropriate, shall be extended for a time period
equivalent to the time consumed by the full adjudication of
the legal challenge or related administrative process.
(2) Injunction.--After a construction permit has been
issued, if a court issues an injunction against construction
of the road, the 7-year deadline or 5-year extension, as
appropriate, shall be extended for a time period equivalent
to time period that the injunction is in effect.
(d) Applicability of Section 6405.--Upon the expiration of
the legislative authority under this section, if a road has
not been constructed, the land exchange shall be null and
void and the land ownership shall revert to the respective
ownership status prior to the land exchange as provided in
section 6405.
TITLE VII--NATIONAL PARK SERVICE AUTHORIZATIONS
Subtitle A--Additions to the National Park System
SEC. 7001. PATERSON GREAT FALLS NATIONAL HISTORICAL PARK, NEW
JERSEY.
(a) Definitions.--In this section:
(1) City.--The term ``City'' means the City of Paterson,
New Jersey.
(2) Commission.--The term ``Commission'' means the Paterson
Great Falls National Historical Park Advisory Commission
established by subsection (e)(1).
(3) Historic district.--The term ``Historic District''
means the Great Falls Historic District in the State.
(4) Management plan.--The term ``management plan'' means
the management plan for the Park developed under subsection
(d).
(5) Map.--The term ``Map'' means the map entitled
``Paterson Great Falls National Historical Park-Proposed
Boundary'', numbered T03/80,001, and dated May 2008.
(6) Park.--The term ``Park'' means the Paterson Great Falls
National Historical Park established by subsection (b)(1)(A).
(7) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(8) State.--The term ``State'' means the State of New
Jersey.
(b) Paterson Great Falls National Historical Park.--
(1) Establishment.--
(A) In general.--Subject to subparagraph (B), there is
established in the State a unit of the National Park System
to be known as the ``Paterson Great Falls National Historical
Park''.
(B) Conditions for establishment.--The Park shall not be
established until the date on which the Secretary determines
that--
(i)(I) the Secretary has acquired sufficient land or an
interest in land within the boundary of the Park to
constitute a manageable unit; or
(II) the State or City, as appropriate, has entered into a
written agreement with the Secretary to donate--
(aa) the Great Falls State Park, including facilities for
Park administration and visitor services; or
(bb) any portion of the Great Falls State Park agreed to
between the Secretary and the State or City; and
(ii) the Secretary has entered into a written agreement
with the State, City, or other public entity, as appropriate,
providing that--
[[Page 8652]]
(I) land owned by the State, City, or other public entity
within the Historic District will be managed consistent with
this section; and
(II) future uses of land within the Historic District will
be compatible with the designation of the Park.
(2) Purpose.--The purpose of the Park is to preserve and
interpret for the benefit of present and future generations
certain historical, cultural, and natural resources
associated with the Historic District.
(3) Boundaries.--The Park shall include the following
sites, as generally depicted on the Map:
(A) The upper, middle, and lower raceways.
(B) Mary Ellen Kramer (Great Falls) Park and adjacent land
owned by the City.
(C) A portion of Upper Raceway Park, including the Ivanhoe
Wheelhouse and the Society for Establishing Useful
Manufactures Gatehouse.
(D) Overlook Park and adjacent land, including the Society
for Establishing Useful Manufactures Hydroelectric Plant and
Administration Building.
(E) The Allied Textile Printing site, including the Colt
Gun Mill ruins, Mallory Mill ruins, Waverly Mill ruins, and
Todd Mill ruins.
(F) The Rogers Locomotive Company Erecting Shop, including
the Paterson Museum.
(G) The Great Falls Visitor Center.
(4) Availability of map.--The Map shall be on file and
available for public inspection in the appropriate offices of
the National Park Service.
(5) Publication of notice.--Not later than 60 days after
the date on which the conditions in clauses (i) and (ii) of
paragraph (1)(B) are satisfied, the Secretary shall publish
in the Federal Register notice of the establishment of the
Park, including an official boundary map for the Park.
(c) Administration.--
(1) In general.--The Secretary shall administer the Park in
accordance with--
(A) this section; and
(B) the laws generally applicable to units of the National
Park System, including--
(i) the National Park Service Organic Act (16 U.S.C. 1 et
seq.); and
(ii) the Act of August 21, 1935 (16 U.S.C. 461 et seq.).
(2) State and local jurisdiction.--Nothing in this section
enlarges, diminishes, or modifies any authority of the State,
or any political subdivision of the State (including the
City)--
(A) to exercise civil and criminal jurisdiction; or
(B) to carry out State laws (including regulations) and
rules on non-Federal land located within the boundary of the
Park.
(3) Cooperative agreements.--
(A) In general.--As the Secretary determines to be
appropriate to carry out this section, the Secretary may
enter into cooperative agreements with the owner of the Great
Falls Visitor Center or any nationally significant properties
within the boundary of the Park under which the Secretary may
identify, interpret, restore, and provide technical
assistance for the preservation of the properties.
(B) Right of access.--A cooperative agreement entered into
under subparagraph (A) shall provide that the Secretary,
acting through the Director of the National Park Service,
shall have the right of access at all reasonable times to all
public portions of the property covered by the agreement for
the purposes of--
(i) conducting visitors through the properties; and
(ii) interpreting the properties for the public.
(C) Changes or alterations.--No changes or alterations
shall be made to any properties covered by a cooperative
agreement entered into under subparagraph (A) unless the
Secretary and the other party to the agreement agree to the
changes or alterations.
(D) Conversion, use, or disposal.--Any payment made by the
Secretary under this paragraph shall be subject to an
agreement that the conversion, use, or disposal of a project
for purposes contrary to the purposes of this section, as
determined by the Secretary, shall entitle the United States
to reimbursement in amount equal to the greater of--
(i) the amounts made available to the project by the United
States; or
(ii) the portion of the increased value of the project
attributable to the amounts made available under this
paragraph, as determined at the time of the conversion, use,
or, disposal.
(E) Matching funds.--
(i) In general.--As a condition of the receipt of funds
under this paragraph, the Secretary shall require that any
Federal funds made available under a cooperative agreement
shall be matched on a 1-to-1 basis by non-Federal funds.
(ii) Form.--With the approval of the Secretary, the non-
Federal share required under clause (i) may be in the form of
donated property, goods, or services from a non-Federal
source.
(4) Acquisition of land.--
(A) In general.--The Secretary may acquire land or
interests in land within the boundary of the Park by
donation, purchase from a willing seller with donated or
appropriated funds, or exchange.
(B) Donation of state owned land.--Land or interests in
land owned by the State or any political subdivision of the
State may only be acquired by donation.
(5) Technical assistance and public interpretation.--The
Secretary may provide technical assistance and public
interpretation of related historic and cultural resources
within the boundary of the Historic District.
(d) Management Plan.--
(1) In general.--Not later than 3 fiscal years after the
date on which funds are made available to carry out this
subsection, the Secretary, in consultation with the
Commission, shall complete a management plan for the Park in
accordance with--
(A) section 12(b) of Public Law 91-383 (commonly known as
the ``National Park Service General Authorities Act'') (16
U.S.C. 1a-7(b)); and
(B) other applicable laws.
(2) Cost share.--The management plan shall include
provisions that identify costs to be shared by the Federal
Government, the State, and the City, and other public or
private entities or individuals for necessary capital
improvements to, and maintenance and operations of, the Park.
(3) Submission to congress.--On completion of the
management plan, the Secretary shall submit the management
plan to--
(A) the Committee on Energy and Natural Resources of the
Senate; and
(B) the Committee on Natural Resources of the House of
Representatives.
(e) Paterson Great Falls National Historical Park Advisory
Commission.--
(1) Establishment.--There is established a commission to be
known as the ``Paterson Great Falls National Historical Park
Advisory Commission''.
(2) Duties.--The duties of the Commission shall be to
advise the Secretary in the development and implementation of
the management plan.
(3) Membership.--
(A) Composition.--The Commission shall be composed of 9
members, to be appointed by the Secretary, of whom--
(i) 4 members shall be appointed after consideration of
recommendations submitted by the Governor of the State;
(ii) 2 members shall be appointed after consideration of
recommendations submitted by the City Council of Paterson,
New Jersey;
(iii) 1 member shall be appointed after consideration of
recommendations submitted by the Board of Chosen Freeholders
of Passaic County, New Jersey; and
(iv) 2 members shall have experience with national parks
and historic preservation.
(B) Initial appointments.--The Secretary shall appoint the
initial members of the Commission not later than the earlier
of--
(i) the date that is 30 days after the date on which the
Secretary has received all of the recommendations for
appointments under subparagraph (A); or
(ii) the date that is 30 days after the Park is established
in accordance with subsection (b).
(4) Term; vacancies.--
(A) Term.--
(i) In general.--A member shall be appointed for a term of
3 years.
(ii) Reappointment.--A member may be reappointed for not
more than 1 additional term.
(B) Vacancies.--A vacancy on the Commission shall be filled
in the same manner as the original appointment was made.
(5) Meetings.--The Commission shall meet at the call of--
(A) the Chairperson; or
(B) a majority of the members of the Commission.
(6) Quorum.--A majority of the Commission shall constitute
a quorum.
(7) Chairperson and vice chairperson.--
(A) In general.--The Commission shall select a Chairperson
and Vice Chairperson from among the members of the
Commission.
(B) Vice chairperson.--The Vice Chairperson shall serve as
Chairperson in the absence of the Chairperson.
(C) Term.--A member may serve as Chairperson or Vice
Chairman for not more than 1 year in each office.
(8) Commission personnel matters.--
(A) Compensation of members.--
(i) In general.--Members of the Commission shall serve
without compensation.
(ii) Travel expenses.--Members of the Commission shall be
allowed travel expenses, including per diem in lieu of
subsistence, at rates authorized for an employee of an agency
under subchapter I of chapter 57 of title 5, United States
Code, while away from the home or regular place of business
of the member in the performance of the duties of the
Commission.
(B) Staff.--
(i) In general.--The Secretary shall provide the Commission
with any staff members and technical assistance that the
Secretary, after consultation with the Commission, determines
to be appropriate to enable the Commission to carry out the
duties of the Commission.
(ii) Detail of employees.--The Secretary may accept the
services of personnel detailed from--
(I) the State;
(II) any political subdivision of the State; or
(III) any entity represented on the Commission.
(9) FACA nonapplicability.--Section 14(b) of the Federal
Advisory Committee Act (5 U.S.C. App.) shall not apply to the
Commission.
(10) Termination.--The Commission shall terminate 10 years
after the date of enactment of this Act.
(f) Study of Hinchliffe Stadium.--
(1) In general.--Not later than 3 fiscal years after the
date on which funds are made available to carry out this
section, the Secretary shall complete a study regarding the
preservation and interpretation of Hinchliffe Stadium, which
is listed on the National Register of Historic Places.
[[Page 8653]]
(2) Inclusions.--The study shall include an assessment of--
(A) the potential for listing the stadium as a National
Historic Landmark; and
(B) options for maintaining the historic integrity of
Hinchliffe Stadium.
(g) Authorization of Appropriations.--There are authorized
to be appropriated such sums as are necessary to carry out
this section.
SEC. 7002. WILLIAM JEFFERSON CLINTON BIRTHPLACE HOME NATIONAL
HISTORIC SITE.
(a) Acquisition of Property; Establishment of Historic
Site.--Should the Secretary of the Interior acquire, by
donation only from the Clinton Birthplace Foundation, Inc.,
fee simple, unencumbered title to the William Jefferson
Clinton Birthplace Home site located at 117 South Hervey
Street, Hope, Arkansas, 71801, and to any personal property
related to that site, the Secretary shall designate the
William Jefferson Clinton Birthplace Home site as a National
Historic Site and unit of the National Park System, to be
known as the ``President William Jefferson Clinton Birthplace
Home National Historic Site''.
(b) Applicability of Other Laws.--The Secretary shall
administer the President William Jefferson Clinton Birthplace
Home National Historic Site in accordance with the laws
generally applicable to national historic sites, including
the Act entitled ``An Act to establish a National Park
Service, and for other purposes'', approved August 25, 1916
(16 U.S.C. 1-4), and the Act entitled ``An Act to provide for
the preservation of historic American sites, buildings,
objects and antiquities of national significance, and for
other purposes'', approved August 21, 1935 (16 U.S.C. 461 et
seq.).
SEC. 7003. RIVER RAISIN NATIONAL BATTLEFIELD PARK.
(a) Establishment.--
(1) In general.--If Monroe County or Wayne County,
Michigan, or other willing landowners in either County offer
to donate to the United States land relating to the Battles
of the River Raisin on January 18 and 22, 1813, or the
aftermath of the battles, the Secretary of the Interior
(referred to in this section as the ``Secretary'') shall
accept the donated land.
(2) Designation of park.--On the acquisition of land under
paragraph (1) that is of sufficient acreage to permit
efficient administration, the Secretary shall designate the
acquired land as a unit of the National Park System, to be
known as the ``River Raisin National Battlefield Park''
(referred to in this section as the ``Park'').
(3) Legal description.--
(A) In general.--The Secretary shall prepare a legal
description of the land and interests in land designated as
the Park by paragraph (2).
(B) Availability of map and legal description.--A map with
the legal description shall be on file and available for
public inspection in the appropriate offices of the National
Park Service.
(b) Administration.--
(1) In general.--The Secretary shall manage the Park for
the purpose of preserving and interpreting the Battles of the
River Raisin in accordance with the National Park Service
Organic Act (16 U.S.C. 1 et seq.) and the Act of August 21,
1935 (16 U.S.C. 461 et seq.).
(2) General management plan.--
(A) In general.--Not later than 3 years after the date on
which funds are made available, the Secretary shall complete
a general management plan for the Park that, among other
things, defines the role and responsibility of the Secretary
with regard to the interpretation and the preservation of the
site.
(B) Consultation.--The Secretary shall consult with and
solicit advice and recommendations from State, county, local,
and civic organizations and leaders, and other interested
parties in the preparation of the management plan.
(C) Inclusions.--The plan shall include--
(i) consideration of opportunities for involvement by and
support for the Park by State, county, and local governmental
entities and nonprofit organizations and other interested
parties; and
(ii) steps for the preservation of the resources of the
site and the costs associated with these efforts.
(D) Submission to congress.--On the completion of the
general management plan, the Secretary shall submit a copy of
the plan to the Committee on Natural Resources of the House
of Representatives and the Committee on Energy and Natural
Resources of the Senate.
(3) Cooperative agreements.--The Secretary may enter into
cooperative agreements with State, county, local, and civic
organizations to carry out this section.
(c) Report.--Not later than 3 years after the date of
enactment of this Act, the Secretary shall submit to the
Committee on Energy and Natural Resources of the Senate and
the Committee on Natural Resources of the House a report
describing the progress made with respect to acquiring real
property under this section and designating the River Raisin
National Battlefield Park.
(d) Authorization of Appropriations.--There are authorized
to be appropriated such sums as are necessary to carry out
this section.
Subtitle B--Amendments to Existing Units of the National Park System
SEC. 7101. FUNDING FOR KEWEENAW NATIONAL HISTORICAL PARK.
(a) Acquisition of Property.--Section 4 of Public Law 102-
543 (16 U.S.C. 410yy-3) is amended by striking subsection
(d).
(b) Matching Funds.--Section 8(b) of Public Law 102-543 (16
U.S.C. 410yy-7(b)) is amended by striking ``$4'' and
inserting ``$1''.
(c) Authorization of Appropriations.--Section 10 of Public
Law 102-543 (16 U.S.C. 410yy-9) is amended--
(1) in subsection (a)--
(A) by striking ``$25,000,000'' and inserting
``$50,000,000''; and
(B) by striking ``$3,000,000'' and inserting
``$25,000,000''; and
(2) in subsection (b), by striking ``$100,000'' and all
that follows through ``those duties'' and inserting
``$250,000''.
SEC. 7102. LOCATION OF VISITOR AND ADMINISTRATIVE FACILITIES
FOR WEIR FARM NATIONAL HISTORIC SITE.
Section 4(d) of the Weir Farm National Historic Site
Establishment Act of 1990 (16 U.S.C. 461 note) is amended--
(1) in paragraph (1)(B), by striking ``contiguous to'' and
all that follows and inserting ``within Fairfield County.'';
(2) by amending paragraph (2) to read as follows:
``(2) Development.--
``(A) Maintaining natural character.--The Secretary shall
keep development of the property acquired under paragraph (1)
to a minimum so that the character of the acquired property
will be similar to the natural and undeveloped landscape of
the property described in subsection (b).
``(B) Treatment of previously developed property.--Nothing
in subparagraph (A) shall either prevent the Secretary from
acquiring property under paragraph (1) that, prior to the
Secretary's acquisition, was developed in a manner
inconsistent with subparagraph (A), or require the Secretary
to remediate such previously developed property to reflect
the natural character described in subparagraph (A).''; and
(3) in paragraph (3), in the matter preceding subparagraph
(A), by striking ``the appropriate zoning authority'' and all
that follows through ``Wilton, Connecticut,'' and inserting
``the local governmental entity that, in accordance with
applicable State law, has jurisdiction over any property
acquired under paragraph (1)(A)''.
SEC. 7103. LITTLE RIVER CANYON NATIONAL PRESERVE BOUNDARY
EXPANSION.
Section 2 of the Little River Canyon National Preserve Act
of 1992 (16 U.S.C. 698q) is amended--
(1) in subsection (b)--
(A) by striking ``The Preserve'' and inserting the
following:
``(1) In general.--The Preserve''; and
(B) by adding at the end the following:
``(2) Boundary expansion.--The boundary of the Preserve is
modified to include the land depicted on the map entitled
`Little River Canyon National Preserve Proposed Boundary',
numbered 152/80,004, and dated December 2007.''; and
(2) in subsection (c), by striking ``map'' and inserting
``maps''.
SEC. 7104. HOPEWELL CULTURE NATIONAL HISTORICAL PARK BOUNDARY
EXPANSION.
Section 2 of the Act entitled ``An Act to rename and expand
the boundaries of the Mound City Group National Monument in
Ohio'', approved May 27, 1992 (106 Stat. 185), is amended--
(1) by striking ``and'' at the end of subsection (a)(3);
(2) by striking the period at the end of subsection (a)(4)
and inserting ``; and'';
(3) by adding after subsection (a)(4) the following new
paragraph:
``(5) the map entitled `Hopewell Culture National
Historical Park, Ohio Proposed Boundary Adjustment' numbered
353/80,049 and dated June, 2006.''; and
(4) by adding after subsection (d)(2) the following new
paragraph:
``(3) The Secretary may acquire lands added by subsection
(a)(5) only from willing sellers.''.
SEC. 7105. JEAN LAFITTE NATIONAL HISTORICAL PARK AND PRESERVE
BOUNDARY ADJUSTMENT.
(a) In General.--Section 901 of the National Parks and
Recreation Act of 1978 (16 U.S.C. 230) is amended in the
second sentence by striking ``of approximately twenty
thousand acres generally depicted on the map entitled
`Barataria Marsh Unit-Jean Lafitte National Historical Park
and Preserve' numbered 90,000B and dated April 1978,'' and
inserting ``generally depicted on the map entitled `Boundary
Map, Barataria Preserve Unit, Jean Lafitte National
Historical Park and Preserve', numbered 467/80100A, and dated
December 2007,''.
(b) Acquisition of Land.--Section 902 of the National Parks
and Recreation Act of 1978 (16 U.S.C. 230a) is amended--
(1) in subsection (a)--
(A) by striking ``(a) Within the'' and all that follows
through the first sentence and inserting the following:
``(a) In General.--
``(1) Barataria preserve unit.--
``(A) In general.--The Secretary may acquire any land,
water, and interests in land and water within the Barataria
Preserve Unit by donation, purchase with donated or
appropriated funds, transfer from any other Federal agency,
or exchange.
``(B) Limitations.--
``(i) In general.--Any non-Federal land depicted on the map
described in section 901 as `Lands Proposed for Addition' may
be acquired by the Secretary only with the consent of the
owner of the land.
``(ii) Boundary adjustment.--On the date on which the
Secretary acquires a parcel of land described in clause (i),
the boundary of the Barataria Preserve Unit shall be adjusted
to reflect the acquisition.
[[Page 8654]]
``(iii) Easements.--To ensure adequate hurricane protection
of the communities located in the area, any land identified
on the map described in section 901 that is acquired or
transferred shall be subject to any easements that have been
agreed to by the Secretary and the Secretary of the Army.
``(C) Transfer of administration jurisdiction.--Effective
on the date of enactment of the Omnibus Public Land
Management Act of 2009, administrative jurisdiction over any
Federal land within the areas depicted on the map described
in section 901 as `Lands Proposed for Addition' is
transferred, without consideration, to the administrative
jurisdiction of the National Park Service, to be administered
as part of the Barataria Preserve Unit.'';
(B) in the second sentence, by striking ``The Secretary may
also acquire by any of the foregoing methods'' and inserting
the following:
``(2) French quarter.--The Secretary may acquire by any of
the methods referred to in paragraph (1)(A)'';
(C) in the third sentence, by striking ``Lands, waters, and
interests therein'' and inserting the following:
``(3) Acquisition of state land.--Land, water, and
interests in land and water''; and
(D) in the fourth sentence, by striking ``In acquiring''
and inserting the following:
``(4) Acquisition of oil and gas rights.--In acquiring'';
(2) by striking subsections (b) through (f) and inserting
the following:
``(b) Resource Protection.--With respect to the land,
water, and interests in land and water of the Barataria
Preserve Unit, the Secretary shall preserve and protect--
``(1) fresh water drainage patterns;
``(2) vegetative cover;
``(3) the integrity of ecological and biological systems;
and
``(4) water and air quality.
``(c) Adjacent Land.--With the consent of the owner and the
parish governing authority, the Secretary may--
``(1) acquire land, water, and interests in land and water,
by any of the methods referred to in subsection (a)(1)(A)
(including use of appropriations from the Land and Water
Conservation Fund); and
``(2) revise the boundaries of the Barataria Preserve Unit
to include adjacent land and water.''; and
(3) by redesignating subsection (g) as subsection (d).
(c) Definition of Improved Property.--Section 903 of the
National Parks and Recreation Act of 1978 (16 U.S.C. 230b) is
amended in the fifth sentence by inserting ``(or January 1,
2007, for areas added to the park after that date)'' after
``January 1, 1977''.
(d) Hunting, Fishing, and Trapping.--Section 905 of the
National Parks and Recreation Act of 1978 (16 U.S.C. 230d) is
amended in the first sentence by striking ``, except that
within the core area and on those lands acquired by the
Secretary pursuant to section 902(c) of this title, he'' and
inserting ``on land, and interests in land and water managed
by the Secretary, except that the Secretary''.
(e) Administration.--Section 906 of the National Parks and
Recreation Act of 1978 (16 U.S.C. 230e) is amended--
(1) by striking the first sentence; and
(2) in the second sentence, by striking ``Pending such
establishment and thereafter the'' and inserting ``The''.
(f) References in Law.--
(1) In general.--Any reference in a law (including
regulations), map, document, paper, or other record of the
United States--
(A) to the Barataria Marsh Unit shall be considered to be a
reference to the Barataria Preserve Unit; or
(B) to the Jean Lafitte National Historical Park shall be
considered to be a reference to the Jean Lafitte National
Historical Park and Preserve.
(2) Conforming amendments.--Title IX of the National Parks
and Recreation Act of 1978 (16 U.S.C. 230 et seq.) is
amended--
(A) by striking ``Barataria Marsh Unit'' each place it
appears and inserting ``Barataria Preserve Unit''; and
(B) by striking ``Jean Lafitte National Historical Park''
each place it appears and inserting ``Jean Lafitte National
Historical Park and Preserve''.
SEC. 7106. MINUTE MAN NATIONAL HISTORICAL PARK.
(a) Definitions.--In this section:
(1) Map.--The term ``map'' means the map entitled ``Minute
Man National Historical Park Proposed Boundary'', numbered
406/81001, and dated July 2007.
(2) Park.--The term ``Park'' means the Minute Man National
Historical Park in the State of Massachusetts.
(3) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(b) Minute Man National Historical Park.--
(1) Boundary adjustment.--
(A) In general.--The boundary of the Park is modified to
include the area generally depicted on the map.
(B) Availability of map.--The map shall be on file and
available for inspection in the appropriate offices of the
National Park Service.
(2) Acquisition of land.--The Secretary may acquire the
land or an interest in the land described in paragraph (1)(A)
by--
(A) purchase from willing sellers with donated or
appropriated funds;
(B) donation; or
(C) exchange.
(3) Administration of land.--The Secretary shall administer
the land added to the Park under paragraph (1)(A) in
accordance with applicable laws (including regulations).
(c) Authorization of Appropriations.--There are authorized
to be appropriated such sums as are necessary to carry out
this section.
SEC. 7107. EVERGLADES NATIONAL PARK.
(a) Inclusion of Tarpon Basin Property.--
(1) Definitions.--In this subsection:
(A) Hurricane hole.--The term ``Hurricane Hole'' means the
natural salt-water body of water within the Duesenbury Tracts
of the eastern parcel of the Tarpon Basin boundary adjustment
and accessed by Duesenbury Creek.
(B) Map.--The term ``map'' means the map entitled
``Proposed Tarpon Basin Boundary Revision'', numbered 160/
80,012, and dated May 2008.
(C) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(D) Tarpon basin property.--The term ``Tarpon Basin
property'' means land that--
(i) is comprised of approximately 600 acres of land and
water surrounding Hurricane Hole, as generally depicted on
the map; and
(ii) is located in South Key Largo.
(2) Boundary revision.--
(A) In general.--The boundary of the Everglades National
Park is adjusted to include the Tarpon Basin property.
(B) Acquisition authority.--The Secretary may acquire from
willing sellers by donation, purchase with donated or
appropriated funds, or exchange, land, water, or interests in
land and water, within the area depicted on the map, to be
added to Everglades National Park.
(C) Availability of map.--The map shall be on file and
available for public inspection in the appropriate offices of
the National Park Service.
(D) Administration.--Land added to Everglades National Park
by this section shall be administered as part of Everglades
National Park in accordance with applicable laws (including
regulations).
(3) Hurricane hole.--The Secretary may allow use of
Hurricane Hole by sailing vessels during emergencies, subject
to such terms and conditions as the Secretary determines to
be necessary.
(4) Authorization of appropriations.--There are authorized
to be appropriated such sums as are necessary to carry out
this subsection.
(b) Land Exchanges.--
(1) Definitions.--In this subsection:
(A) Company.--The term ``Company'' means Florida Power &
Light Company.
(B) Federal land.--The term ``Federal Land'' means the
parcels of land that are--
(i) owned by the United States;
(ii) administered by the Secretary;
(iii) located within the National Park; and
(iv) generally depicted on the map as--
(I) Tract A, which is adjacent to the Tamiami Trail, U.S.
Rt. 41; and
(II) Tract B, which is located on the eastern boundary of
the National Park.
(C) Map.--The term ``map'' means the map prepared by the
National Park Service, entitled ``Proposed Land Exchanges,
Everglades National Park'', numbered 160/60411A, and dated
September 2008.
(D) National park.--The term ``National Park'' means the
Everglades National Park located in the State.
(E) Non-federal land.--The term ``non-Federal land'' means
the land in the State that--
(i) is owned by the State, the specific area and location
of which shall be determined by the State; or
(ii)(I) is owned by the Company;
(II) comprises approximately 320 acres; and
(III) is located within the East Everglades Acquisition
Area, as generally depicted on the map as ``Tract D''.
(F) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(G) State.--The term ``State'' means the State of Florida
and political subdivisions of the State, including the South
Florida Water Management District.
(2) Land exchange with state.--
(A) In general.--Subject to the provisions of this
paragraph, if the State offers to convey to the Secretary all
right, title, and interest of the State in and to specific
parcels of non-Federal land, and the offer is acceptable to
the Secretary, the Secretary may, subject to valid existing
rights, accept the offer and convey to the State all right,
title, and interest of the United States in and to the
Federal land generally depicted on the map as ``Tract A''.
(B) Conditions.--The land exchange under subparagraph (A)
shall be subject to such terms and conditions as the
Secretary may require.
(C) Valuation.--
(i) In general.--The values of the land involved in the
land exchange under subparagraph (A) shall be equal.
(ii) Equalization.--If the values of the land are not
equal, the values may be equalized by donation, payment using
donated or appropriated funds, or the conveyance of
additional parcels of land.
(D) Appraisals.--Before the exchange of land under
subparagraph (A), appraisals for the Federal and non-Federal
land shall be conducted in accordance with the Uniform
Appraisal Standards for Federal Land Acquisitions and the
Uniform Standards of Professional Appraisal Practice.
(E) Technical corrections.--Subject to the agreement of the
State, the Secretary may make minor corrections to correct
technical and clerical errors in the legal descriptions of
the Federal and non-Federal land and minor adjustments to the
boundaries of the Federal and non-Federal land.
[[Page 8655]]
(F) Administration of land acquired by secretary.--Land
acquired by the Secretary under subparagraph (A) shall--
(i) become part of the National Park; and
(ii) be administered in accordance with the laws applicable
to the National Park System.
(3) Land exchange with company.--
(A) In general.--Subject to the provisions of this
paragraph, if the Company offers to convey to the Secretary
all right, title, and interest of the Company in and to the
non-Federal land generally depicted on the map as ``Tract
D'', and the offer is acceptable to the Secretary, the
Secretary may, subject to valid existing rights, accept the
offer and convey to the Company all right, title, and
interest of the United States in and to the Federal land
generally depicted on the map as ``Tract B'', along with a
perpetual easement on a corridor of land contiguous to Tract
B for the purpose of vegetation management.
(B) Conditions.--The land exchange under subparagraph (A)
shall be subject to such terms and conditions as the
Secretary may require.
(C) Valuation.--
(i) In general.--The values of the land involved in the
land exchange under subparagraph (A) shall be equal unless
the non-Federal land is of higher value than the Federal
land.
(ii) Equalization.--If the values of the land are not
equal, the values may be equalized by donation, payment using
donated or appropriated funds, or the conveyance of
additional parcels of land.
(D) Appraisal.--Before the exchange of land under
subparagraph (A), appraisals for the Federal and non-Federal
land shall be conducted in accordance with the Uniform
Appraisal Standards for Federal Land Acquisitions and the
Uniform Standards of Professional Appraisal Practice.
(E) Technical corrections.--Subject to the agreement of the
Company, the Secretary may make minor corrections to correct
technical and clerical errors in the legal descriptions of
the Federal and non-Federal land and minor adjustments to the
boundaries of the Federal and non-Federal land.
(F) Administration of land acquired by secretary.--Land
acquired by the Secretary under subparagraph (A) shall--
(i) become part of the National Park; and
(ii) be administered in accordance with the laws applicable
to the National Park System.
(4) Map.--The map shall be on file and available for public
inspection in the appropriate offices of the National Park
Service.
(5) Boundary revision.--On completion of the land exchanges
authorized by this subsection, the Secretary shall adjust the
boundary of the National Park accordingly, including removing
the land conveyed out of Federal ownership.
SEC. 7108. KALAUPAPA NATIONAL HISTORICAL PARK.
(a) In General.--The Secretary of the Interior shall
authorize Ka `Ohana O Kalaupapa, a non-profit organization
consisting of patient residents at Kalaupapa National
Historical Park, and their family members and friends, to
establish a memorial at a suitable location or locations
approved by the Secretary at Kalawao or Kalaupapa within the
boundaries of Kalaupapa National Historical Park located on
the island of Molokai, in the State of Hawaii, to honor and
perpetuate the memory of those individuals who were forcibly
relocated to Kalaupapa Peninsula from 1866 to 1969.
(b) Design.--
(1) In general.--The memorial authorized by subsection (a)
shall--
(A) display in an appropriate manner the names of the first
5,000 individuals sent to the Kalaupapa Peninsula between
1866 and 1896, most of whom lived at Kalawao; and
(B) display in an appropriate manner the names of the
approximately 3,000 individuals who arrived at Kalaupapa in
the second part of its history, when most of the community
was concentrated on the Kalaupapa side of the peninsula.
(2) Approval.--The location, size, design, and inscriptions
of the memorial authorized by subsection (a) shall be subject
to the approval of the Secretary of the Interior.
(c) Funding.--Ka `Ohana O Kalaupapa, a nonprofit
organization, shall be solely responsible for acceptance of
contributions for and payment of the expenses associated with
the establishment of the memorial.
SEC. 7109. BOSTON HARBOR ISLANDS NATIONAL RECREATION AREA.
(a) Cooperative Agreements.--Section 1029(d) of the Omnibus
Parks and Public Lands Management Act of 1996 (16 U.S.C.
460kkk(d)) is amended by striking paragraph (3) and inserting
the following:
``(3) Agreements.--
``(A) Definition of eligible entity.--In this paragraph,
the term `eligible entity' means--
``(i) the Commonwealth of Massachusetts;
``(ii) a political subdivision of the Commonwealth of
Massachusetts; or
``(iii) any other entity that is a member of the Boston
Harbor Islands Partnership described in subsection (e)(2).
``(B) Authority of secretary.--Subject to subparagraph (C),
the Secretary may consult with an eligible entity on, and
enter into with the eligible entity--
``(i) a cooperative management agreement to acquire from,
and provide to, the eligible entity goods and services for
the cooperative management of land within the recreation
area; and
``(ii) notwithstanding section 6305 of title 31, United
States Code, a cooperative agreement for the construction of
recreation area facilities on land owned by an eligible
entity for purposes consistent with the management plan under
subsection (f).
``(C) Conditions.--The Secretary may enter into an
agreement with an eligible entity under subparagraph (B) only
if the Secretary determines that--
``(i) appropriations for carrying out the purposes of the
agreement are available; and
``(ii) the agreement is in the best interests of the United
States.''.
(b) Technical Amendments.--
(1) Membership.--Section 1029(e)(2)(B) of the Omnibus Parks
and Public Lands Management Act of 1996 (16 U.S.C.
460kkk(e)(2)(B)) is amended by striking ``Coast Guard'' and
inserting ``Coast Guard.''.
(2) Donations.--Section 1029(e)(11) of the Omnibus Parks
and Public Lands Management Act of 1996 (16 U.S.C.
460kkk(e)(11)) is amended by striking ``Nothwithstanding''
and inserting ``Notwithstanding''.
SEC. 7110. THOMAS EDISON NATIONAL HISTORICAL PARK, NEW
JERSEY.
(a) Purposes.--The purposes of this section are--
(1) to recognize and pay tribute to Thomas Alva Edison and
his innovations; and
(2) to preserve, protect, restore, and enhance the Edison
National Historic Site to ensure public use and enjoyment of
the Site as an educational, scientific, and cultural center.
(b) Establishment.--
(1) In general.--There is established the Thomas Edison
National Historical Park as a unit of the National Park
System (referred to in this section as the ``Historical
Park'').
(2) Boundaries.--The Historical Park shall be comprised of
all property owned by the United States in the Edison
National Historic Site as well as all property authorized to
be acquired by the Secretary of the Interior (referred to in
this section as the ``Secretary'') for inclusion in the
Edison National Historic Site before the date of the
enactment of this Act, as generally depicted on the map
entitled the ``Thomas Edison National Historical Park'',
numbered 403/80,000, and dated April 2008.
(3) Map.--The map of the Historical Park shall be on file
and available for public inspection in the appropriate
offices of the National Park Service.
(c) Administration.--
(1) In general.--The Secretary shall administer the
Historical Park in accordance with this section and with the
provisions of law generally applicable to units of the
National Park System, including the Acts entitled ``An Act to
establish a National Park Service, and for other purposes,''
approved August 25, 1916 (39 Stat. 535; 16 U.S.C. 1 et seq.)
and ``An Act to provide for the preservation of historic
American sites, buildings, objects, and antiquities of
national significance, and for other purposes,'' approved
August 21, 1935 (16 U.S.C. 461 et seq.).
(2) Acquisition of property.--
(A) Real property.--The Secretary may acquire land or
interests in land within the boundaries of the Historical
Park, from willing sellers only, by donation, purchase with
donated or appropriated funds, or exchange.
(B) Personal property.--The Secretary may acquire personal
property associated with, and appropriate for, interpretation
of the Historical Park.
(3) Cooperative agreements.--The Secretary may consult and
enter into cooperative agreements with interested entities
and individuals to provide for the preservation, development,
interpretation, and use of the Historical Park.
(4) Repeal of superseded law.--Public Law 87-628 (76 Stat.
428), regarding the establishment and administration of the
Edison National Historic Site, is repealed.
(5) References.--Any reference in a law, map, regulation,
document, paper, or other record of the United States to the
``Edison National Historic Site'' shall be deemed to be a
reference to the ``Thomas Edison National Historical Park''.
(d) Authorization of Appropriations.--There is authorized
to be appropriated such sums as may be necessary to carry out
this section.
SEC. 7111. WOMEN'S RIGHTS NATIONAL HISTORICAL PARK.
(a) Votes for Women Trail.--Title XVI of Public Law 96-607
(16 U.S.C. 410ll) is amended by adding at the end the
following:
``SEC. 1602. VOTES FOR WOMEN TRAIL.
``(a) Definitions.--In this section:
``(1) Park.--The term `Park' means the Women's Rights
National Historical Park established by section 1601.
``(2) Secretary.--The term `Secretary' means the Secretary
of the Interior, acting through the Director of the National
Park Service.
``(3) State.--The term `State' means the State of New York.
``(4) Trail.--The term `Trail' means the Votes for Women
History Trail Route designated under subsection (b).
``(b) Establishment of Trail Route.--The Secretary, with
concurrence of the agency having jurisdiction over the
relevant roads, may designate a vehicular tour route, to be
known as the `Votes for Women History Trail Route', to link
properties in the State that are historically and
thematically associated with the struggle for women's
suffrage in the United States.
``(c) Administration.--The Trail shall be administered by
the National Park Service through the Park.
``(d) Activities.--To facilitate the establishment of the
Trail and the dissemination of information regarding the
Trail, the Secretary shall--
[[Page 8656]]
``(1) produce and disseminate appropriate educational
materials regarding the Trail, such as handbooks, maps,
exhibits, signs, interpretive guides, and electronic
information;
``(2) coordinate the management, planning, and standards of
the Trail in partnership with participating properties, other
Federal agencies, and State and local governments;
``(3) create and adopt an official, uniform symbol or
device to mark the Trail; and
``(4) issue guidelines for the use of the symbol or device
adopted under paragraph (3).
``(e) Elements of Trail Route.--Subject to the consent of
the owner of the property, the Secretary may designate as an
official stop on the Trail--
``(1) all units and programs of the Park relating to the
struggle for women's suffrage;
``(2) other Federal, State, local, and privately owned
properties that the Secretary determines have a verifiable
connection to the struggle for women's suffrage; and
``(3) other governmental and nongovernmental facilities and
programs of an educational, commemorative, research, or
interpretive nature that the Secretary determines to be
directly related to the struggle for women's suffrage.
``(f) Cooperative Agreements and Memoranda of
Understanding.--
``(1) In general.--To facilitate the establishment of the
Trail and to ensure effective coordination of the Federal and
non-Federal properties designated as stops along the Trail,
the Secretary may enter into cooperative agreements and
memoranda of understanding with, and provide technical and
financial assistance to, other Federal agencies, the State,
localities, regional governmental bodies, and private
entities.
``(2) Authorization of appropriations.--There are
authorized to be appropriated to the Secretary such sums as
are necessary for the period of fiscal years 2009 through
2013 to provide financial assistance to cooperating entities
pursuant to agreements or memoranda entered into under
paragraph (1).''.
(b) National Women's Rights History Project National
Registry.--
(1) In general.--The Secretary of the Interior (referred to
in this section as the ``Secretary'') may make annual grants
to State historic preservation offices for not more than 5
years to assist the State historic preservation offices in
surveying, evaluating, and nominating to the National
Register of Historic Places women's rights history
properties.
(2) Eligibility.--In making grants under paragraph (1), the
Secretary shall give priority to grants relating to
properties associated with the multiple facets of the women's
rights movement, such as politics, economics, education,
religion, and social and family rights.
(3) Updates.--The Secretary shall ensure that the National
Register travel itinerary website entitled ``Places Where
Women Made History'' is updated to contain--
(A) the results of the inventory conducted under paragraph
(1); and
(B) any links to websites related to places on the
inventory.
(4) Cost-sharing requirement.--The Federal share of the
cost of any activity carried out using any assistance made
available under this subsection shall be 50 percent.
(5) Authorization of appropriations.--There is authorized
to be appropriated to the Secretary to carry out this
subsection $1,000,000 for each of fiscal years 2009 through
2013.
(c) National Women's Rights History Project Partnerships
Network.--
(1) Grants.--The Secretary may make matching grants and
give technical assistance for development of a network of
governmental and nongovernmental entities (referred to in
this subsection as the ``network''), the purpose of which is
to provide interpretive and educational program development
of national women's rights history, including historic
preservation.
(2) Management of network.--
(A) In general.--The Secretary shall, through a competitive
process, designate a nongovernmental managing network to
manage the network.
(B) Coordination.--The nongovernmental managing entity
designated under subparagraph (A) shall work in partnership
with the Director of the National Park Service and State
historic preservation offices to coordinate operation of the
network.
(3) Cost-sharing requirement.--
(A) In general.--The Federal share of the cost of any
activity carried out using any assistance made available
under this subsection shall be 50 percent.
(B) State historic preservation offices.--Matching grants
for historic preservation specific to the network may be made
available through State historic preservation offices.
(4) Authorization of appropriations.--There is authorized
to be appropriated to the Secretary to carry out this
subsection $1,000,000 for each of fiscal years 2009 through
2013.
SEC. 7112. MARTIN VAN BUREN NATIONAL HISTORIC SITE.
(a) Definitions.--In this section:
(1) Historic site.--The term ``historic site'' means the
Martin Van Buren National Historic Site in the State of New
York established by Public Law 93-486 (16 U.S.C. 461 note) on
October 26, 1974.
(2) Map.--The term ``map'' means the map entitled
``Boundary Map, Martin Van Buren National Historic Site'',
numbered ``460/80801'', and dated January 2005.
(3) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(b) Boundary Adjustments to the Historic Site.--
(1) Boundary adjustment.--The boundary of the historic site
is adjusted to include approximately 261 acres of land
identified as the ``PROPOSED PARK BOUNDARY'', as generally
depicted on the map.
(2) Acquisition authority.--The Secretary may acquire the
land and any interests in the land described in paragraph (1)
from willing sellers by donation, purchase with donated or
appropriated funds, or exchange.
(3) Availability of map.--The map shall be on file and
available for public inspection in the appropriate offices of
the National Park Service.
(4) Administration.--Land acquired for the historic site
under this section shall be administered as part of the
historic site in accordance with applicable law (including
regulations).
(c) Authorization of Appropriations.--There are authorized
to be appropriated such sums as are necessary to carry out
this section.
SEC. 7113. PALO ALTO BATTLEFIELD NATIONAL HISTORICAL PARK.
(a) Designation of Palo Alto Battlefield National
Historical Park.--
(1) In general.--The Palo Alto Battlefield National
Historic Site shall be known and designated as the ``Palo
Alto Battlefield National Historical Park''.
(2) References.--Any reference in a law, map, regulation,
document, paper, or other record of the United States to the
historic site referred to in subsection (a) shall be deemed
to be a reference to the Palo Alto Battlefield National
Historical Park.
(3) Conforming amendments.--The Palo Alto Battlefield
National Historic Site Act of 1991 (16 U.S.C. 461 note;
Public Law 102-304) is amended--
(A) by striking ``National Historic Site'' each place it
appears and inserting ``National Historical Park'';
(B) in the heading for section 3, by striking ``NATIONAL
HISTORIC SITE'' and inserting ``NATIONAL HISTORICAL PARK'';
and
(C) by striking ``historic site'' each place it appears and
inserting ``historical park''.
(b) Boundary Expansion, Palo Alto Battlefield National
Historical Park, Texas.--Section 3(b) of the Palo Alto
Battlefield National Historic Site Act of 1991 (16 U.S.C. 461
note; Public Law 102-304) (as amended by subsection (a)) is
amended--
(1) in paragraph (1), by striking ``(1) The historical
park'' and inserting the following:
``(1) In general.--The historical park'';
(2) by redesignating paragraph (2) as paragraph (3);
(3) by inserting after paragraph (1) the following:
``(2) Additional land.--
``(A) In general.--In addition to the land described in
paragraph (1), the historical park shall consist of
approximately 34 acres of land, as generally depicted on the
map entitled `Palo Alto Battlefield NHS Proposed Boundary
Expansion', numbered 469/80,012, and dated May 21, 2008.
``(B) Availability of map.--The map described in
subparagraph (A) shall be on file and available for public
inspection in the appropriate offices of the National Park
Service.''; and
(4) in paragraph (3) (as redesignated by paragraph (2))--
(A) by striking ``(3) Within'' and inserting the following:
``(3) Legal description.--Not later than''; and
(B) in the second sentence, by striking ``map referred to
in paragraph (1)'' and inserting ``maps referred to in
paragraphs (1) and (2)''.
SEC. 7114. ABRAHAM LINCOLN BIRTHPLACE NATIONAL HISTORICAL
PARK.
(a) Designation.--The Abraham Lincoln Birthplace National
Historic Site in the State of Kentucky shall be known and
designated as the ``Abraham Lincoln Birthplace National
Historical Park''.
(b) References.--Any reference in a law, map, regulation,
document, paper, or other record of the United States to the
Abraham Lincoln Birthplace National Historic Site shall be
deemed to be a reference to the ``Abraham Lincoln Birthplace
National Historical Park''.
SEC. 7115. NEW RIVER GORGE NATIONAL RIVER.
Section 1106 of the National Parks and Recreation Act of
1978 (16 U.S.C. 460m-20) is amended in the first sentence by
striking ``may'' and inserting ``shall''.
SEC. 7116. TECHNICAL CORRECTIONS.
(a) Gaylord Nelson Wilderness.--
(1) Redesignation.--Section 140 of division E of the
Consolidated Appropriations Act, 2005 (16 U.S.C. 1132 note;
Public Law 108-447), is amended--
(A) in subsection (a), by striking ``Gaylord A. Nelson''
and inserting ``Gaylord Nelson''; and
(B) in subsection (c)(4), by striking ``Gaylord A. Nelson
Wilderness'' and inserting ``Gaylord Nelson Wilderness''.
(2) References.--Any reference in a law, map, regulation,
document, paper, or other record of the United States to the
``Gaylord A. Nelson Wilderness'' shall be deemed to be a
reference to the ``Gaylord Nelson Wilderness''.
(b) Arlington House Land Transfer.--Section 2863(h)(1) of
Public Law 107-107 (115 Stat. 1333) is amended by striking
``the George Washington Memorial Parkway'' and inserting
``Arlington House, The Robert E. Lee Memorial,''.
(c) Cumberland Island Wilderness.--Section 2(a)(1) of
Public Law 97-250 (16 U.S.C. 1132 note; 96 Stat. 709) is
amended by striking ``numbered 640/20,038I, and dated
September 2004'' and inserting ``numbered 640/20,038K, and
dated September 2005''.
[[Page 8657]]
(d) Petrified Forest Boundary.--Section 2(1) of the
Petrified Forest National Park Expansion Act of 2004 (16
U.S.C. 119 note; Public Law 108-430) is amended by striking
``numbered 110/80,044, and dated July 2004'' and inserting
``numbered 110/80,045, and dated January 2005''.
(e) Commemorative Works Act.--Chapter 89 of title 40,
United States Code, is amended--
(1) in section 8903(d), by inserting ``Natural'' before
``Resources'';
(2) in section 8904(b), by inserting ``Advisory'' before
``Commission''; and
(3) in section 8908(b)(1)--
(A) in the first sentence, by inserting ``Advisory'' before
``Commission''; and
(B) in the second sentence, by striking ``House
Administration'' and inserting ``Natural Resources''.
(f) Captain John Smith Chesapeake National Historic
Trail.--Section 5(a)(25)(A) of the National Trails System Act
(16 U.S.C. 1244(a)(25)(A)) is amended by striking ``The John
Smith'' and inserting ``The Captain John Smith''.
(g) Delaware National Coastal Special Resource Study.--
Section 604 of the Delaware National Coastal Special
Resources Study Act (Public Law 109-338; 120 Stat. 1856) is
amended by striking ``under section 605''.
(h) Use of Recreation Fees.--Section 808(a)(1)(F) of the
Federal Lands Recreation Enhancement Act (16 U.S.C.
6807(a)(1)(F)) is amended by striking ``section 6(a)'' and
inserting ``section 806(a)''.
(i) Crossroads of the American Revolution National Heritage
Area.--Section 297F(b)(2)(A) of the Crossroads of the
American Revolution National Heritage Area Act of 2006
(Public Law 109-338; 120 Stat. 1844) is amended by inserting
``duties'' before ``of the''.
(j) Cuyahoga Valley National Park.--Section 474(12) of the
Consolidated Natural Resources Act of 2008 (Public Law 1110-
229; 122 Stat. 827) is amended by striking ``Cayohoga'' each
place it appears and inserting ``Cuyahoga''.
(k) Pennsylvania Avenue National Historic Site.--
(1) Name on map.--Section 313(d)(1)(B) of the Department of
the Interior and Related Agencies Appropriations Act, 1996
(Public Law 104-134; 110 Stat. 1321-199; 40 U.S.C. 872 note)
is amended by striking ``map entitled `Pennsylvania Avenue
National Historic Park', dated June 1, 1995, and numbered
840-82441'' and inserting ``map entitled `Pennsylvania Avenue
National Historic Site', dated August 25, 2008, and numbered
840-82441B''.
(2) References.--Any reference in a law, map, regulation,
document, paper, or other record of the United States to the
Pennsylvania Avenue National Historic Park shall be deemed to
be a reference to the ``Pennsylvania Avenue National Historic
Site''.
SEC. 7117. DAYTON AVIATION HERITAGE NATIONAL HISTORICAL PARK,
OHIO.
(a) Additional Areas Included in Park.--Section 101 of the
Dayton Aviation Heritage Preservation Act of 1992 (16 U.S.C.
410ww, et seq.) is amended by adding at the end the
following:
``(c) Additional Sites.--In addition to the sites described
in subsection (b), the park shall consist of the following
sites, as generally depicted on a map titled `Dayton Aviation
Heritage National Historical Park', numbered 362/80,013 and
dated May 2008:
``(1) Hawthorn Hill, Oakwood, Ohio.
``(2) The Wright Company factory and associated land and
buildings, Dayton, Ohio.''.
(b) Protection of Historic Properties.--Section 102 of the
Dayton Aviation Heritage Preservation Act of 1992 (16 U.S.C.
410ww-1) is amended--
(1) in subsection (a), by inserting ``Hawthorn Hill, the
Wright Company factory,'' after ``, acquire'';
(2) in subsection (b), by striking ``Such agreements'' and
inserting:
``(d) Conditions.--Cooperative agreements under this
section'';
(3) by inserting before subsection (d) (as added by
paragraph 2) the following:
``(c) Cooperative Agreements.--The Secretary is authorized
to enter into a cooperative agreement with a partner or
partners, including the Wright Family Foundation, to operate
and provide programming for Hawthorn Hill and charge
reasonable fees notwithstanding any other provision of law,
which may be used to defray the costs of park operation and
programming.''; and
(4) by striking ``Commission'' and inserting ``Aviation
Heritage Foundation''.
(c) Grant Assistance.--The Dayton Aviation Heritage
Preservation Act of 1992, is amended--
(1) by redesignating subsection (b) of section 108 as
subsection (c); and
(2) by inserting after subsection (a) of section 108 the
following new subsection:
``(b) Grant Assistance.--The Secretary is authorized to
make grants to the parks' partners, including the Aviation
Trail, Inc., the Ohio Historical Society, and Dayton History,
for projects not requiring Federal involvement other than
providing financial assistance, subject to the availability
of appropriations in advance identifying the specific partner
grantee and the specific project. Projects funded through
these grants shall be limited to construction and development
on non-Federal property within the boundaries of the park.
Any project funded by such a grant shall support the purposes
of the park, shall be consistent with the park's general
management plan, and shall enhance public use and enjoyment
of the park.''.
(d) National Aviation Heritage Area.--Title V of division J
of the Consolidated Appropriations Act, 2005 (16 U.S.C. 461
note; Public Law 108-447), is amended--
(1) in section 503(3), by striking ``104'' and inserting
``504'';
(2) in section 503(4), by striking ``106'' and inserting
``506'';
(3) in section 504, by striking subsection (b)(2) and by
redesignating subsection (b)(3) as subsection (b)(2); and
(4) in section 505(b)(1), by striking ``106'' and inserting
``506''.
SEC. 7118. FORT DAVIS NATIONAL HISTORIC SITE.
Public Law 87-213 (16 U.S.C. 461 note) is amended as
follows:
(1) In the first section--
(A) by striking ``the Secretary of the Interior'' and
inserting ``(a) The Secretary of the Interior'';
(B) by striking ``476 acres'' and inserting ``646 acres'';
and
(C) by adding at the end the following:
``(b) The Secretary may acquire from willing sellers land
comprising approximately 55 acres, as depicted on the map
titled `Fort Davis Proposed Boundary Expansion', numbered
418/80,045, and dated April 2008. The map shall be on file
and available for public inspection in the appropriate
offices of the National Park Service. Upon acquisition of the
land, the land shall be incorporated into the Fort Davis
National Historic Site.''.
(2) By repealing section 3.
Subtitle C--Special Resource Studies
SEC. 7201. WALNUT CANYON STUDY.
(a) Definitions.--In this section:
(1) Map.--The term ``map'' means the map entitled ``Walnut
Canyon Proposed Study Area'' and dated July 17, 2007.
(2) Secretaries.--The term ``Secretaries'' means the
Secretary of the Interior and the Secretary of Agriculture,
acting jointly.
(3) Study area.--The term ``study area'' means the area
identified on the map as the ``Walnut Canyon Proposed Study
Area''.
(b) Study.--
(1) In general.--The Secretaries shall conduct a study of
the study area to assess--
(A) the suitability and feasibility of designating all or
part of the study area as an addition to Walnut Canyon
National Monument, in accordance with section 8(c) of Public
Law 91-383 (16 U.S.C. 1a-5(c));
(B) continued management of the study area by the Forest
Service; or
(C) any other designation or management option that would
provide for--
(i) protection of resources within the study area; and
(ii) continued access to, and use of, the study area by the
public.
(2) Consultation.--The Secretaries shall provide for public
comment in the preparation of the study, including
consultation with appropriate Federal, State, and local
governmental entities.
(3) Report.--Not later than 18 months after the date on
which funds are made available to carry out this section, the
Secretaries shall submit to the Committee on Energy and
Natural Resources of the Senate and the Committee on Natural
Resources of the House of Representatives a report that
describes--
(A) the results of the study; and
(B) any recommendations of the Secretaries.
(4) Authorization of appropriations.--There are authorized
to be appropriated such sums as are necessary to carry out
this section.
SEC. 7202. TULE LAKE SEGREGATION CENTER, CALIFORNIA.
(a) Study.--
(1) In general.--The Secretary of the Interior (referred to
in this section as the ``Secretary'') shall conduct a special
resource study of the Tule Lake Segregation Center to
determine the national significance of the site and the
suitability and feasibility of including the site in the
National Park System.
(2) Study guidelines.--The study shall be conducted in
accordance with the criteria for the study of areas for
potential inclusion in the National Park System under section
8 of Public Law 91-383 (16 U.S.C. 1a-5).
(3) Consultation.--In conducting the study, the Secretary
shall consult with--
(A) Modoc County;
(B) the State of California;
(C) appropriate Federal agencies;
(D) tribal and local government entities;
(E) private and nonprofit organizations; and
(F) private landowners.
(4) Scope of study.--The study shall include an evaluation
of--
(A) the significance of the site as a part of the history
of World War II;
(B) the significance of the site as the site relates to
other war relocation centers;.
(C) the historical resources of the site, including the
stockade, that are intact and in place;
(D) the contributions made by the local agricultural
community to the World War II effort; and
(E) the potential impact of designation of the site as a
unit of the National Park System on private landowners.
(b) Report.--Not later than 3 years after the date on which
funds are made available to conduct the study required under
this section, the Secretary shall submit to the Committee on
Natural Resources of the House of Representatives and the
Committee on Energy and Natural Resources of the Senate a
report describing the findings, conclusions, and
recommendations of the study.
SEC. 7203. ESTATE GRANGE, ST. CROIX.
(a) Study.--
[[Page 8658]]
(1) In general.--The Secretary of the Interior (referred to
in this section as the ``Secretary''), in consultation with
the Governor of the Virgin Islands, shall conduct a special
resource study of Estate Grange and other sites and resources
associated with Alexander Hamilton's life on St. Croix in the
United States Virgin Islands.
(2) Contents.--In conducting the study under paragraph (1),
the Secretary shall evaluate--
(A) the national significance of the sites and resources;
and
(B) the suitability and feasibility of designating the
sites and resources as a unit of the National Park System.
(3) Criteria.--The criteria for the study of areas for
potential inclusion in the National Park System contained in
section 8 of Public Law 91-383 (16 U.S.C. 1a-5) shall apply
to the study under paragraph (1).
(4) Report.--Not later than 3 years after the date on which
funds are first made available for the study under paragraph
(1), the Secretary shall submit to the Committee on Natural
Resources of the House of Representatives and the Committee
on Energy and Natural Resources of the Senate a report
containing--
(A) the results of the study; and
(B) any findings, conclusions, and recommendations of the
Secretary.
(b) Authorization of Appropriations.--There are authorized
to be appropriated such sums as are necessary to carry out
this section.
SEC. 7204. HARRIET BEECHER STOWE HOUSE, MAINE.
(a) Study.--
(1) In general.--Not later than 3 years after the date on
which funds are made available to carry out this section, the
Secretary of the Interior (referred to in this section as the
``Secretary'') shall complete a special resource study of the
Harriet Beecher Stowe House in Brunswick, Maine, to
evaluate--
(A) the national significance of the Harriet Beecher Stowe
House and surrounding land; and
(B) the suitability and feasibility of designating the
Harriet Beecher Stowe House and surrounding land as a unit of
the National Park System.
(2) Study guidelines.--In conducting the study authorized
under paragraph (1), the Secretary shall use the criteria for
the study of areas for potential inclusion in the National
Park System contained in section 8(c) of Public Law 91-383
(16 U.S.C. 1a-5(c)).
(b) Report.--On completion of the study required under
subsection (a), the Secretary shall submit to the Committee
on Energy and Natural Resources of the Senate and the
Committee on Natural Resources of the House of
Representatives a report containing the findings,
conclusions, and recommendations of the study.
(c) Authorization of Appropriations.--There are authorized
to be appropriated such sums as are necessary to carry out
this section.
SEC. 7205. SHEPHERDSTOWN BATTLEFIELD, WEST VIRGINIA.
(a) Special Resources Study.--The Secretary of the Interior
(referred to in this section as the ``Secretary'') shall
conduct a special resource study relating to the Battle of
Shepherdstown in Shepherdstown, West Virginia, to evaluate--
(1) the national significance of the Shepherdstown
battlefield and sites relating to the Shepherdstown
battlefield; and
(2) the suitability and feasibility of adding the
Shepherdstown battlefield and sites relating to the
Shepherdstown battlefield as part of--
(A) Harpers Ferry National Historical Park; or
(B) Antietam National Battlefield.
(b) Criteria.--In conducting the study authorized under
subsection (a), the Secretary shall use the criteria for the
study of areas for potential inclusion in the National Park
System contained in section 8(c) of Public Law 91-383 (16
U.S.C. 1a-5(c)).
(c) Report.--Not later than 3 years after the date on which
funds are made available to carry out this section, the
Secretary shall submit to the Committee on Energy and Natural
Resources of the Senate and the Committee on Natural
Resources of the House of Representatives a report containing
the findings, conclusions, and recommendations of the study
conducted under subsection (a).
(d) Authorization of Appropriations.--There are authorized
to be appropriated such sums as are necessary to carry out
this section.
SEC. 7206. GREEN MCADOO SCHOOL, TENNESSEE.
(a) In General.--The Secretary of the Interior (referred to
in this section as the ``Secretary'') shall conduct a special
resource study of the site of Green McAdoo School in Clinton,
Tennessee, (referred to in this section as the ``site'') to
evaluate--
(1) the national significance of the site; and
(2) the suitability and feasibility of designating the site
as a unit of the National Park System.
(b) Criteria.--In conducting the study under subsection
(a), the Secretary shall use the criteria for the study of
areas for potential inclusion in the National Park System
under section 8(c) of Public Law 91-383 (16 U.S.C. 1a-5(c)).
(c) Contents.--The study authorized by this section shall--
(1) determine the suitability and feasibility of
designating the site as a unit of the National Park System;
(2) include cost estimates for any necessary acquisition,
development, operation, and maintenance of the site; and
(3) identify alternatives for the management,
administration, and protection of the site.
(d) Report.--Not later than 3 years after the date on which
funds are made available to carry out this section, the
Secretary shall submit to the Committee on Natural Resources
of the House of Representatives and the Committee on Energy
and Natural Resources of the Senate a report that describes--
(1) the findings and conclusions of the study; and
(2) any recommendations of the Secretary.
SEC. 7207. HARRY S TRUMAN BIRTHPLACE, MISSOURI.
(a) In General.--The Secretary of the Interior (referred to
in this section as the ``Secretary'') shall conduct a special
resource study of the Harry S Truman Birthplace State
Historic Site (referred to in this section as the
``birthplace site'') in Lamar, Missouri, to determine--
(1) the suitability and feasibility of--
(A) adding the birthplace site to the Harry S Truman
National Historic Site; or
(B) designating the birthplace site as a separate unit of
the National Park System; and
(2) the methods and means for the protection and
interpretation of the birthplace site by the National Park
Service, other Federal, State, or local government entities,
or private or nonprofit organizations.
(b) Study Requirements.--The Secretary shall conduct the
study required under subsection (a) in accordance with
section 8(c) of Public Law 91-383 (16 U.S.C. 1a-5(c)).
(c) Report.--Not later than 3 years after the date on which
funds are made available to carry out this section, the
Secretary shall submit to the Committee on Natural Resources
of the House of Representatives and the Committee on Energy
and Natural Resources of the Senate a report containing--
(1) the results of the study conducted under subsection
(a); and
(2) any recommendations of the Secretary with respect to
the birthplace site.
SEC. 7208. BATTLE OF MATEWAN SPECIAL RESOURCE STUDY.
(a) In General.--The Secretary of the Interior (referred to
in this section as the ``Secretary'') shall conduct a special
resource study of the sites and resources at Matewan, West
Virginia, associated with the Battle of Matewan (also known
as the ``Matewan Massacre'') of May 19, 1920, to determine--
(1) the suitability and feasibility of designating certain
historic areas of Matewan, West Virginia, as a unit of the
National Park System; and
(2) the methods and means for the protection and
interpretation of the historic areas by the National Park
Service, other Federal, State, or local government entities,
or private or nonprofit organizations.
(b) Study Requirements.--The Secretary shall conduct the
study required under subsection (a) in accordance with
section 8(c) of Public Law 91-383 (16 U.S.C. 1a-5(c)).
(c) Report.--Not later than 3 years after the date on which
funds are made available to carry out this section, the
Secretary shall submit to the Committee on Natural Resources
of the House of Representatives and the Committee on Energy
and Natural Resources of the Senate a report containing--
(1) the results of the study conducted under subsection
(a); and
(2) any recommendations of the Secretary with respect to
the historic areas.
SEC. 7209. BUTTERFIELD OVERLAND TRAIL.
(a) In General.--The Secretary of the Interior (referred to
in this section as the ``Secretary'') shall conduct a special
resource study along the route known as the ``Ox-Bow Route''
of the Butterfield Overland Trail (referred to in this
section as the ``route'') in the States of Missouri,
Tennessee, Arkansas, Oklahoma, Texas, New Mexico, Arizona,
and California to evaluate--
(1) a range of alternatives for protecting and interpreting
the resources of the route, including alternatives for
potential addition of the Trail to the National Trails
System; and
(2) the methods and means for the protection and
interpretation of the route by the National Park Service,
other Federal, State, or local government entities, or
private or nonprofit organizations.
(b) Study Requirements.--The Secretary shall conduct the
study required under subsection (a) in accordance with
section 8(c) of Public Law 91-383 (16 U.S.C. 1a-5(c)) or
section 5(b) of the National Trails System Act (16 U.S.C.
1244(b)), as appropriate.
(c) Report.--Not later than 3 years after the date on which
funds are made available to carry out this section, the
Secretary shall submit to the Committee on Natural Resources
of the House of Representatives and the Committee on Energy
and Natural Resources of the Senate a report containing--
(1) the results of the study conducted under subsection
(a); and
(2) any recommendations of the Secretary with respect to
the route.
SEC. 7210. COLD WAR SITES THEME STUDY.
(a) Definitions.--
(1) Advisory committee.--The term ``Advisory Committee''
means the Cold War Advisory Committee established under
subsection (c).
(2) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(3) Theme study.--The term ``theme study'' means the
national historic landmark theme study conducted under
subsection (b)(1).
(b) Cold War Theme Study.--
(1) In general.--The Secretary shall conduct a national
historic landmark theme study to identify sites and resources
in the United States that are significant to the Cold War.
[[Page 8659]]
(2) Resources.--In conducting the theme study, the
Secretary shall consider--
(A) the inventory of sites and resources associated with
the Cold War completed by the Secretary of Defense under
section 8120(b)(9) of the Department of Defense
Appropriations Act, 1991 (Public Law 101-511; 104 Stat.
1906); and
(B) historical studies and research of Cold War sites and
resources, including--
(i) intercontinental ballistic missiles;
(ii) flight training centers;
(iii) manufacturing facilities;
(iv) communications and command centers (such as Cheyenne
Mountain, Colorado);
(v) defensive radar networks (such as the Distant Early
Warning Line);
(vi) nuclear weapons test sites (such as the Nevada test
site); and
(vii) strategic and tactical aircraft.
(3) Contents.--The theme study shall include--
(A) recommendations for commemorating and interpreting
sites and resources identified by the theme study,
including--
(i) sites for which studies for potential inclusion in the
National Park System should be authorized;
(ii) sites for which new national historic landmarks should
be nominated; and
(iii) other appropriate designations;
(B) recommendations for cooperative agreements with--
(i) State and local governments;
(ii) local historical organizations; and
(iii) other appropriate entities; and
(C) an estimate of the amount required to carry out the
recommendations under subparagraphs (A) and (B).
(4) Consultation.--In conducting the theme study, the
Secretary shall consult with--
(A) the Secretary of the Air Force;
(B) State and local officials;
(C) State historic preservation offices; and
(D) other interested organizations and individuals.
(5) Report.--Not later than 3 years after the date on which
funds are made available to carry out this section, the
Secretary shall submit to the Committee on Natural Resources
of the House of Representatives and the Committee on Energy
and Natural Resources of the Senate a report that describes
the findings, conclusions, and recommendations of the theme
study.
(c) Cold War Advisory Committee.--
(1) Establishment.--As soon as practicable after funds are
made available to carry out this section, the Secretary shall
establish an advisory committee, to be known as the ``Cold
War Advisory Committee'', to assist the Secretary in carrying
out this section.
(2) Composition.--The Advisory Committee shall be composed
of 9 members, to be appointed by the Secretary, of whom--
(A) 3 shall have expertise in Cold War history;
(B) 2 shall have expertise in historic preservation;
(C) 1 shall have expertise in the history of the United
States; and
(D) 3 shall represent the general public.
(3) Chairperson.--The Advisory Committee shall select a
chairperson from among the members of the Advisory Committee.
(4) Compensation.--A member of the Advisory Committee shall
serve without compensation but may be reimbursed by the
Secretary for expenses reasonably incurred in the performance
of the duties of the Advisory Committee.
(5) Meetings.--On at least 3 occasions, the Secretary (or a
designee) shall meet and consult with the Advisory Committee
on matters relating to the theme study.
(d) Interpretive Handbook on the Cold War.--Not later than
4 years after the date on which funds are made available to
carry out this section, the Secretary shall--
(1) prepare and publish an interpretive handbook on the
Cold War; and
(2) disseminate information in the theme study by other
appropriate means.
(e) Authorization of Appropriations.--There are authorized
to be appropriated to carry out this section $500,000.
SEC. 7211. BATTLE OF CAMDEN, SOUTH CAROLINA.
(a) In General.--The Secretary shall complete a special
resource study of the site of the Battle of Camden fought in
South Carolina on August 16, 1780, and the site of Historic
Camden, which is a National Park System Affiliated Area, to
determine--
(1) the suitability and feasibility of designating the
sites as a unit or units of the National Park System; and
(2) the methods and means for the protection and
interpretation of these sites by the National Park Service,
other Federal, State, or local government entities or private
or non-profit organizations.
(b) Study Requirements.--The Secretary shall conduct the
study in accordance with section 8(c) of Public Law 91-383
(16 U.S.C. 1a-5(c)).
(c) Report.--Not later than 3 years after the date on which
funds are made available to carry out this section, the
Secretary shall submit to the Committee on Natural Resources
of the House of Representatives and the Committee on Energy
and Natural Resources of the Senate a report containing--
(1) the results of the study; and
(2) any recommendations of the Secretary.
SEC. 7212. FORT SAN GERONIMO, PUERTO RICO.
(a) Definitions.--In this section:
(1) Fort san geronimo.--The term ``Fort San Geronimo''
(also known as ``Fortin de San Geronimo del Boqueron'') means
the fort and grounds listed on the National Register of
Historic Places and located near Old San Juan, Puerto Rico.
(2) Related resources.--The term ``related resources''
means other parts of the fortification system of old San Juan
that are not included within the boundary of San Juan
National Historic Site, such as sections of the City Wall or
other fortifications.
(b) Study.--
(1) In general.--The Secretary shall complete a special
resource study of Fort San Geronimo and other related
resources, to determine--
(A) the suitability and feasibility of including Fort San
Geronimo and other related resources in the Commonwealth of
Puerto Rico as part of San Juan National Historic Site; and
(B) the methods and means for the protection and
interpretation of Fort San Geronimo and other related
resources by the National Park Service, other Federal, State,
or local government entities or private or non-profit
organizations.
(2) Study requirements.--The Secretary shall conduct the
study in accordance with section 8(c) of Public Law 91-383
(16 U.S.C. 1a-5(c)).
(c) Report.--Not later than 3 years after the date on which
funds are made available to carry out this section, the
Secretary shall submit to the Committee on Natural Resources
of the House of Representatives and the Committee on Energy
and Natural Resources of the Senate a report containing--
(1) the results of the study; and
(2) any recommendations of the Secretary.
Subtitle D--Program Authorizations
SEC. 7301. AMERICAN BATTLEFIELD PROTECTION PROGRAM.
(a) Purpose.--The purpose of this section is to assist
citizens, public and private institutions, and governments at
all levels in planning, interpreting, and protecting sites
where historic battles were fought on American soil during
the armed conflicts that shaped the growth and development of
the United States, in order that present and future
generations may learn and gain inspiration from the ground
where Americans made their ultimate sacrifice.
(b) Preservation Assistance.--
(1) In general.--Using the established national historic
preservation program to the extent practicable, the Secretary
of the Interior, acting through the American Battlefield
Protection Program, shall encourage, support, assist,
recognize, and work in partnership with citizens, Federal,
State, local, and tribal governments, other public entities,
educational institutions, and private nonprofit organizations
in identifying, researching, evaluating, interpreting, and
protecting historic battlefields and associated sites on a
National, State, and local level.
(2) Financial assistance.--To carry out paragraph (1), the
Secretary may use a cooperative agreement, grant, contract,
or other generally adopted means of providing financial
assistance.
(3) Authorization of appropriations.--There are authorized
to be appropriated $3,000,000 annually to carry out this
subsection, to remain available until expended.
(c) Battlefield Acquisition Grant Program.--
(1) Definitions.--In this subsection:
(A) Battlefield report.--The term ``Battlefield Report''
means the document entitled ``Report on the Nation's Civil
War Battlefields'', prepared by the Civil War Sites Advisory
Commission, and dated July 1993.
(B) Eligible entity.--The term ``eligible entity'' means a
State or local government.
(C) Eligible site.--The term ``eligible site'' means a
site--
(i) that is not within the exterior boundaries of a unit of
the National Park System; and
(ii) that is identified in the Battlefield Report.
(D) Secretary.--The term ``Secretary'' means the Secretary
of the Interior, acting through the American Battlefield
Protection Program.
(2) Establishment.--The Secretary shall establish a
battlefield acquisition grant program under which the
Secretary may provide grants to eligible entities to pay the
Federal share of the cost of acquiring interests in eligible
sites for the preservation and protection of those eligible
sites.
(3) Nonprofit partners.--An eligible entity may acquire an
interest in an eligible site using a grant under this
subsection in partnership with a nonprofit organization.
(4) Non-federal share.--The non-Federal share of the total
cost of acquiring an interest in an eligible site under this
subsection shall be not less than 50 percent.
(5) Limitation on land use.--An interest in an eligible
site acquired under this subsection shall be subject to
section 6(f)(3) of the Land and Water Conservation Fund Act
of 1965 (16 U.S.C. 460l-8(f)(3)).
(6) Authorization of appropriations.--There is authorized
to be appropriated to the Secretary to provide grants under
this subsection $10,000,000 for each of fiscal years 2009
through 2013.
SEC. 7302. PRESERVE AMERICA PROGRAM.
(a) Purpose.--The purpose of this section is to authorize
the Preserve America Program, including--
(1) the Preserve America grant program within the
Department of the Interior;
(2) the recognition programs administered by the Advisory
Council on Historic Preservation; and
(3) the related efforts of Federal agencies, working in
partnership with State, tribal, and local governments and the
private sector, to support and promote the preservation of
historic resources.
[[Page 8660]]
(b) Definitions.--In this section:
(1) Council.--The term ``Council'' means the Advisory
Council on Historic Preservation.
(2) Heritage tourism.--The term ``heritage tourism'' means
the conduct of activities to attract and accommodate visitors
to a site or area based on the unique or special aspects of
the history, landscape (including trail systems), and culture
of the site or area.
(3) Program.--The term ``program'' means the Preserve
America Program established under subsection (c)(1).
(4) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(c) Establishment.--
(1) In general.--There is established in the Department of
the Interior the Preserve America Program, under which the
Secretary, in partnership with the Council, may provide
competitive grants to States, local governments (including
local governments in the process of applying for designation
as Preserve America Communities under subsection (d)), Indian
tribes, communities designated as Preserve America
Communities under subsection (d), State historic preservation
offices, and tribal historic preservation offices to support
preservation efforts through heritage tourism, education, and
historic preservation planning activities.
(2) Eligible projects.--
(A) In general.--The following projects shall be eligible
for a grant under this section:
(i) A project for the conduct of--
(I) research on, and documentation of, the history of a
community; and
(II) surveys of the historic resources of a community.
(ii) An education and interpretation project that conveys
the history of a community or site.
(iii) A planning project (other than building
rehabilitation) that advances economic development using
heritage tourism and historic preservation.
(iv) A training project that provides opportunities for
professional development in areas that would aid a community
in using and promoting its historic resources.
(v) A project to support heritage tourism in a Preserve
America Community designated under subsection (d).
(vi) Other nonconstruction projects that identify or
promote historic properties or provide for the education of
the public about historic properties that are consistent with
the purposes of this section.
(B) Limitation.--In providing grants under this section,
the Secretary shall only provide 1 grant to each eligible
project selected for a grant.
(3) Preference.--In providing grants under this section,
the Secretary may give preference to projects that carry out
the purposes of both the program and the Save America's
Treasures Program.
(4) Consultation and notification.--
(A) Consultation.--The Secretary shall consult with the
Council in preparing the list of projects to be provided
grants for a fiscal year under the program.
(B) Notification.--Not later than 30 days before the date
on which the Secretary provides grants for a fiscal year
under the program, the Secretary shall submit to the
Committee on Energy and Natural Resources of the Senate, the
Committee on Appropriations of the Senate, the Committee on
Natural Resources of the House of Representatives, and the
Committee on Appropriations of the House of Representatives a
list of any eligible projects that are to be provided grants
under the program for the fiscal year.
(5) Cost-sharing requirement.--
(A) In general.--The non-Federal share of the cost of
carrying out a project provided a grant under this section
shall be not less than 50 percent of the total cost of the
project.
(B) Form of non-federal share.--The non-Federal share
required under subparagraph (A) shall be in the form of--
(i) cash; or
(ii) donated supplies and related services, the value of
which shall be determined by the Secretary.
(C) Requirement.--The Secretary shall ensure that each
applicant for a grant has the capacity to secure, and a
feasible plan for securing, the non-Federal share for an
eligible project required under subparagraph (A) before a
grant is provided to the eligible project under the program.
(d) Designation of Preserve America Communities.--
(1) Application.--To be considered for designation as a
Preserve America Community, a community, tribal area, or
neighborhood shall submit to the Council an application
containing such information as the Council may require.
(2) Criteria.--To be designated as a Preserve America
Community under the program, a community, tribal area, or
neighborhood that submits an application under paragraph (1)
shall, as determined by the Council, in consultation with the
Secretary, meet criteria required by the Council and, in
addition, consider--
(A) protection and celebration of the heritage of the
community, tribal area, or neighborhood;
(B) use of the historic assets of the community, tribal
area, or neighborhood for economic development and community
revitalization; and
(C) encouragement of people to experience and appreciate
local historic resources through education and heritage
tourism programs.
(3) Local governments previously certified for historic
preservation activities.--The Council shall establish an
expedited process for Preserve America Community designation
for local governments previously certified for historic
preservation activities under section 101(c)(1) of the
National Historic Preservation Act (16 U.S.C. 470a(c)(1)).
(4) Guidelines.--The Council, in consultation with the
Secretary, shall establish any guidelines that are necessary
to carry out this subsection.
(e) Regulations.--The Secretary shall develop any
guidelines and issue any regulations that the Secretary
determines to be necessary to carry out this section.
(f) Authorization of Appropriations.--There is authorized
to be appropriated to carry out this section $25,000,000 for
each fiscal year, to remain available until expended.
SEC. 7303. SAVE AMERICA'S TREASURES PROGRAM.
(a) Purpose.--The purpose of this section is to authorize
within the Department of the Interior the Save America's
Treasures Program, to be carried out by the Director of the
National Park Service, in partnership with--
(1) the National Endowment for the Arts;
(2) the National Endowment for the Humanities;
(3) the Institute of Museum and Library Services;
(4) the National Trust for Historic Preservation;
(5) the National Conference of State Historic Preservation
Officers;
(6) the National Association of Tribal Historic
Preservation Officers; and
(7) the President's Committee on the Arts and the
Humanities.
(b) Definitions.--In this section:
(1) Collection.--The term ``collection'' means a collection
of intellectual and cultural artifacts, including documents,
sculpture, and works of art.
(2) Eligible entity.--The term ``eligible entity'' means a
Federal entity, State, local, or tribal government,
educational institution, or nonprofit organization.
(3) Historic property.--The term ``historic property'' has
the meaning given the term in section 301 of the National
Historic Preservation Act (16 U.S.C. 470w).
(4) Nationally significant.--The term ``nationally
significant'' means a collection or historic property that
meets the applicable criteria for national significance, in
accordance with regulations promulgated by the Secretary
pursuant to section 101(a)(2) of the National Historic
Preservation Act (16 U.S.C. 470a(a)(2)).
(5) Program.--The term ``program'' means the Save America's
Treasures Program established under subsection (c)(1).
(6) Secretary.--The term ``Secretary'' means the Secretary
of the Interior, acting through the Director of the National
Park Service.
(c) Establishment.--
(1) In general.--There is established in the Department of
the Interior the Save America's Treasures program, under
which the amounts made available to the Secretary under
subsection (e) shall be used by the Secretary, in
consultation with the organizations described in subsection
(a), subject to paragraph (6)(A)(ii), to provide grants to
eligible entities for projects to preserve nationally
significant collections and historic properties.
(2) Determination of grants.--Of the amounts made available
for grants under subsection (e), not less than 50 percent
shall be made available for grants for projects to preserve
collections and historic properties, to be distributed
through a competitive grant process administered by the
Secretary, subject to the eligibility criteria established
under paragraph (5).
(3) Applications for grants.--To be considered for a
competitive grant under the program an eligible entity shall
submit to the Secretary an application containing such
information as the Secretary may require.
(4) Collections and historic properties eligible for
competitive grants.--
(A) In general.--A collection or historic property shall be
provided a competitive grant under the program only if the
Secretary determines that the collection or historic property
is--
(i) nationally significant; and
(ii) threatened or endangered.
(B) Eligible collections.--A determination by the Secretary
regarding the national significance of collections under
subparagraph (A)(i) shall be made in consultation with the
organizations described in subsection (a), as appropriate.
(C) Eligible historic properties.--To be eligible for a
competitive grant under the program, a historic property
shall, as of the date of the grant application--
(i) be listed in the National Register of Historic Places
at the national level of significance; or
(ii) be designated as a National Historic Landmark.
(5) Selection criteria for grants.--
(A) In general.--The Secretary shall not provide a grant
under this section to a project for an eligible collection or
historic property unless the project--
(i) eliminates or substantially mitigates the threat of
destruction or deterioration of the eligible collection or
historic property;
(ii) has a clear public benefit; and
(iii) is able to be completed on schedule and within the
budget described in the grant application.
(B) Preference.--In providing grants under this section,
the Secretary may give preference to projects that carry out
the purposes of both the program and the Preserve America
Program.
(C) Limitation.--In providing grants under this section,
the Secretary shall only provide 1 grant to each eligible
project selected for a grant.
(6) Consultation and notification by secretary.--
[[Page 8661]]
(A) Consultation.--
(i) In general.--Subject to clause (ii), the Secretary
shall consult with the organizations described in subsection
(a) in preparing the list of projects to be provided grants
for a fiscal year by the Secretary under the program.
(ii) Limitation.--If an entity described in clause (i) has
submitted an application for a grant under the program, the
entity shall be recused by the Secretary from the
consultation requirements under that clause and paragraph
(1).
(B) Notification.--Not later than 30 days before the date
on which the Secretary provides grants for a fiscal year
under the program, the Secretary shall submit to the
Committee on Energy and Natural Resources of the Senate, the
Committee on Appropriations of the Senate, the Committee on
Natural Resources of the House of Representatives, and the
Committee on Appropriations of the House of Representatives a
list of any eligible projects that are to be provided grants
under the program for the fiscal year.
(7) Cost-sharing requirement.--
(A) In general.--The non-Federal share of the cost of
carrying out a project provided a grant under this section
shall be not less than 50 percent of the total cost of the
project.
(B) Form of non-federal share.--The non-Federal share
required under subparagraph (A) shall be in the form of--
(i) cash; or
(ii) donated supplies or related services, the value of
which shall be determined by the Secretary.
(C) Requirement.--The Secretary shall ensure that each
applicant for a grant has the capacity and a feasible plan
for securing the non-Federal share for an eligible project
required under subparagraph (A) before a grant is provided to
the eligible project under the program.
(d) Regulations.--The Secretary shall develop any
guidelines and issue any regulations that the Secretary
determines to be necessary to carry out this section.
(e) Authorization of Appropriations.--There is authorized
to be appropriated to carry out this section $50,000,000 for
each fiscal year, to remain available until expended.
SEC. 7304. ROUTE 66 CORRIDOR PRESERVATION PROGRAM.
Section 4 of Public Law 106-45 (16 U.S.C. 461 note; 113
Stat. 226) is amended by striking ``2009'' and inserting
``2019''.
SEC. 7305. NATIONAL CAVE AND KARST RESEARCH INSTITUTE.
The National Cave and Karst Research Institute Act of 1998
(16 U.S.C. 4310 note; Public Law 105-325) is amended by
striking section 5 and inserting the following:
``SEC. 5. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated such sums as are
necessary to carry out this Act.''.
Subtitle E--Advisory Commissions
SEC. 7401. NA HOA PILI O KALOKO-HONOKOHAU ADVISORY
COMMISSION.
Section 505(f)(7) of the National Parks and Recreation Act
of 1978 (16 U.S.C. 396d(f)(7)) is amended by striking ``ten
years after the date of enactment of the Na Hoa Pili O
Kaloko-Honokohau Re-establishment Act of 1996'' and inserting
``on December 31, 2018''.
SEC. 7402. CAPE COD NATIONAL SEASHORE ADVISORY COMMISSION.
Effective September 26, 2008, section 8(a) of Public Law
87-126 (16 U.S.C. 459b-7(a)) is amended in the second
sentence by striking ``2008'' and inserting ``2018''.
SEC. 7403. CONCESSIONS MANAGEMENT ADVISORY BOARD.
Section 409(d) of the National Park Service Concessions
Management Improvement Act of 1998 (16 U.S.C. 5958(d)) is
amended in the first sentence by striking ``2008'' and
inserting ``2009''.
SEC. 7404. ST. AUGUSTINE 450TH COMMEMORATION COMMISSION.
(a) Definitions.--In this section:
(1) Commemoration.--The term ``commemoration'' means the
commemoration of the 450th anniversary of the founding of the
settlement of St. Augustine, Florida.
(2) Commission.--The term ``Commission'' means the St.
Augustine 450th Commemoration Commission established by
subsection (b)(1).
(3) Governor.--The term ``Governor'' means the Governor of
the State.
(4) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(5) State.--
(A) In general.--The term ``State'' means the State of
Florida.
(B) Inclusion.--The term ``State'' includes agencies and
entities of the State of Florida.
(b) Establishment.--
(1) In general.--There is established a commission, to be
known as the ``St. Augustine 450th Commemoration
Commission''.
(2) Membership.--
(A) Composition.--The Commission shall be composed of 14
members, of whom--
(i) 3 members shall be appointed by the Secretary, after
considering the recommendations of the St. Augustine City
Commission;
(ii) 3 members shall be appointed by the Secretary, after
considering the recommendations of the Governor;
(iii) 1 member shall be an employee of the National Park
Service having experience relevant to the historical
resources relating to the city of St. Augustine and the
commemoration, to be appointed by the Secretary;
(iv) 1 member shall be appointed by the Secretary, taking
into consideration the recommendations of the Mayor of the
city of St. Augustine;
(v) 1 member shall be appointed by the Secretary, after
considering the recommendations of the Chancellor of the
University System of Florida; and
(vi) 5 members shall be individuals who are residents of
the State who have an interest in, support for, and expertise
appropriate to the commemoration, to be appointed by the
Secretary, taking into consideration the recommendations of
Members of Congress.
(B) Time of appointment.--Each appointment of an initial
member of the Commission shall be made before the expiration
of the 120-day period beginning on the date of enactment of
this Act.
(C) Term; vacancies.--
(i) Term.--A member of the Commission shall be appointed
for the life of the Commission.
(ii) Vacancies.--
(I) In general.--A vacancy on the Commission shall be
filled in the same manner in which the original appointment
was made.
(II) Partial term.--A member appointed to fill a vacancy on
the Commission shall serve for the remainder of the term for
which the predecessor of the member was appointed.
(iii) Continuation of membership.--If a member of the
Commission was appointed to the Commission as Mayor of the
city of St. Augustine or as an employee of the National Park
Service or the State University System of Florida, and ceases
to hold such position, that member may continue to serve on
the Commission for not longer than the 30-day period
beginning on the date on which that member ceases to hold the
position.
(3) Duties.--The Commission shall--
(A) plan, develop, and carry out programs and activities
appropriate for the commemoration;
(B) facilitate activities relating to the commemoration
throughout the United States;
(C) encourage civic, patriotic, historical, educational,
artistic, religious, economic, and other organizations
throughout the United States to organize and participate in
anniversary activities to expand understanding and
appreciation of the significance of the founding and
continuing history of St. Augustine;
(D) provide technical assistance to States, localities, and
nonprofit organizations to further the commemoration;
(E) coordinate and facilitate for the public scholarly
research on, publication about, and interpretation of, St.
Augustine;
(F) ensure that the commemoration provides a lasting legacy
and long-term public benefit by assisting in the development
of appropriate programs; and
(G) help ensure that the observances of the foundation of
St. Augustine are inclusive and appropriately recognize the
experiences and heritage of all individuals present when St.
Augustine was founded.
(c) Commission Meetings.--
(1) Initial meeting.--Not later than 30 days after the date
on which all members of the Commission have been appointed,
the Commission shall hold the initial meeting of the
Commission.
(2) Meetings.--The Commission shall meet--
(A) at least 3 times each year; or
(B) at the call of the Chairperson or the majority of the
members of the Commission.
(3) Quorum.--A majority of the voting members shall
constitute a quorum, but a lesser number may hold meetings.
(4) Chairperson and vice chairperson.--
(A) Election.--The Commission shall elect the Chairperson
and the Vice Chairperson of the Commission on an annual
basis.
(B) Absence of the chairperson.--The Vice Chairperson shall
serve as the Chairperson in the absence of the Chairperson.
(5) Voting.--The Commission shall act only on an
affirmative vote of a majority of the members of the
Commission.
(d) Commission Powers.--
(1) Gifts.--The Commission may solicit, accept, use, and
dispose of gifts, bequests, or devises of money or other
property for aiding or facilitating the work of the
Commission.
(2) Appointment of advisory committees.--The Commission may
appoint such advisory committees as the Commission determines
to be necessary to carry out this section.
(3) Authorization of action.--The Commission may authorize
any member or employee of the Commission to take any action
that the Commission is authorized to take under this section.
(4) Procurement.--
(A) In general.--The Commission may procure supplies,
services, and property, and make or enter into contracts,
leases, or other legal agreements, to carry out this section
(except that a contract, lease, or other legal agreement made
or entered into by the Commission shall not extend beyond the
date of termination of the Commission).
(B) Limitation.--The Commission may not purchase real
property.
(5) Postal services.--The Commission may use the United
States mails in the same manner and under the same conditions
as other agencies of the Federal Government.
(6) Grants and technical assistance.--The Commission may--
(A) provide grants in amounts not to exceed $20,000 per
grant to communities and nonprofit organizations for use in
developing programs to assist in the commemoration;
(B) provide grants to research and scholarly organizations
to research, publish, or distribute information relating to
the early history of St. Augustine; and
[[Page 8662]]
(C) provide technical assistance to States, localities, and
nonprofit organizations to further the commemoration.
(e) Commission Personnel Matters.--
(1) Compensation of members.--
(A) In general.--Except as provided in paragraph (2), a
member of the Commission shall serve without compensation.
(B) Federal employees.--A member of the Commission who is
an officer or employee of the Federal Government shall serve
without compensation other than the compensation received for
the services of the member as an officer or employee of the
Federal Government.
(2) Travel expenses.--A member of the Commission shall be
allowed travel expenses, including per diem in lieu of
subsistence, at rates authorized for an employee of an agency
under subchapter I of chapter 57 of title 5, United States
Code, while away from the home or regular place of business
of the member in the performance of the duties of the
Commission.
(3) Director and staff.--
(A) In general.--The Chairperson of the Commission may,
without regard to the civil service laws (including
regulations), nominate an executive director to enable the
Commission to perform the duties of the Commission.
(B) Confirmation of executive director.--The employment of
an executive director shall be subject to confirmation by the
Commission.
(4) Compensation.--
(A) In general.--Except as provided in subparagraph (B),
the Commission may fix the compensation of the executive
director and other personnel without regard to the provisions
of chapter 51 and subchapter III of chapter 53 of title 5,
United States Code, relating to classification of positions
and General Schedule pay rates.
(B) Maximum rate of pay.--The rate of pay for the executive
director and other personnel shall not exceed the rate
payable for level V of the Executive Schedule under section
5316 of title 5, United States Code.
(5) Detail of government employees.--
(A) Federal employees.--
(i) Detail.--At the request of the Commission, the head of
any Federal agency may detail, on a reimbursable or
nonreimbursable basis, any of the personnel of the agency to
the Commission to assist the Commission in carrying out the
duties of the Commission under this section.
(ii) Civil service status.--The detail of an employee under
clause (i) shall be without interruption or loss of civil
service status or privilege.
(B) State employees.--The Commission may--
(i) accept the services of personnel detailed from the
State; and
(ii) reimburse the State for services of detailed
personnel.
(6) Procurement of temporary and intermittent services.--
The Chairperson of the Commission may procure temporary and
intermittent services in accordance with section 3109(b) of
title 5, United States Code, at rates for individuals that do
not exceed the daily equivalent of the annual rate of basic
pay prescribed for level V of the Executive Schedule under
section 5316 of such title.
(7) Volunteer and uncompensated services.--Notwithstanding
section 1342 of title 31, United States Code, the Commission
may accept and use such voluntary and uncompensated services
as the Commission determines to be necessary.
(8) Support services.--
(A) In general.--The Secretary shall provide to the
Commission, on a reimbursable basis, such administrative
support services as the Commission may request.
(B) Reimbursement.--Any reimbursement under this paragraph
shall be credited to the appropriation, fund, or account used
for paying the amounts reimbursed.
(9) FACA nonapplicability.--Section 14(b) of the Federal
Advisory Committee Act (5 U.S.C. App.) shall not apply to the
Commission.
(10) No effect on authority.--Nothing in this subsection
supersedes the authority of the State, the National Park
Service, the city of St. Augustine, or any designee of those
entities, with respect to the commemoration.
(f) Plans; Reports.--
(1) Strategic plan.--The Commission shall prepare a
strategic plan for the activities of the Commission carried
out under this section.
(2) Final report.--Not later than September 30, 2015, the
Commission shall complete and submit to Congress a final
report that contains--
(A) a summary of the activities of the Commission;
(B) a final accounting of funds received and expended by
the Commission; and
(C) the findings and recommendations of the Commission.
(g) Authorization of Appropriations.--
(1) In general.--There is authorized to be appropriated to
the Commission to carry out this section $500,000 for each of
fiscal years 2009 through 2015.
(2) Availability.--Amounts made available under paragraph
(1) shall remain available until December 31, 2015.
(h) Termination of Commission.--
(1) Date of termination.--The Commission shall terminate on
December 31, 2015.
(2) Transfer of documents and materials.--Before the date
of termination specified in paragraph (1), the Commission
shall transfer all documents and materials of the Commission
to the National Archives or another appropriate Federal
entity.
TITLE VIII--NATIONAL HERITAGE AREAS
Subtitle A--Designation of National Heritage Areas
SEC. 8001. SANGRE DE CRISTO NATIONAL HERITAGE AREA, COLORADO.
(a) Definitions.--In this section:
(1) Heritage area.--The term ``Heritage Area'' means the
Sangre de Cristo National Heritage Area established by
subsection (b)(1).
(2) Management entity.--The term ``management entity''
means the management entity for the Heritage Area designated
by subsection (b)(4).
(3) Management plan.--The term ``management plan'' means
the management plan for the Heritage Area required under
subsection (d).
(4) Map.--The term ``map'' means the map entitled
``Proposed Sangre De Cristo National Heritage Area'' and
dated November 2005.
(5) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(6) State.--The term ``State'' means the State of Colorado.
(b) Sangre De Cristo National Heritage Area.--
(1) Establishment.--There is established in the State the
Sangre de Cristo National Heritage Area.
(2) Boundaries.--The Heritage Area shall consist of--
(A) the counties of Alamosa, Conejos, and Costilla; and
(B) the Monte Vista National Wildlife Refuge, the Baca
National Wildlife Refuge, the Great Sand Dunes National Park
and Preserve, and other areas included in the map.
(3) Map.--A map of the Heritage Area shall be--
(A) included in the management plan; and
(B) on file and available for public inspection in the
appropriate offices of the National Park Service.
(4) Management entity.--
(A) In general.--The management entity for the Heritage
Area shall be the Sangre de Cristo National Heritage Area
Board of Directors.
(B) Membership requirements.--Members of the Board shall
include representatives from a broad cross-section of the
individuals, agencies, organizations, and governments that
were involved in the planning and development of the Heritage
Area before the date of enactment of this Act.
(c) Administration.--
(1) Authorities.--For purposes of carrying out the
management plan, the Secretary, acting through the management
entity, may use amounts made available under this section
to--
(A) make grants to the State or a political subdivision of
the State, nonprofit organizations, and other persons;
(B) enter into cooperative agreements with, or provide
technical assistance to, the State or a political subdivision
of the State, nonprofit organizations, and other interested
parties;
(C) hire and compensate staff, which shall include
individuals with expertise in natural, cultural, and
historical resources protection, and heritage programming;
(D) obtain money or services from any source including any
that are provided under any other Federal law or program;
(E) contract for goods or services; and
(F) undertake to be a catalyst for any other activity that
furthers the Heritage Area and is consistent with the
approved management plan.
(2) Duties.--The management entity shall--
(A) in accordance with subsection (d), prepare and submit a
management plan for the Heritage Area to the Secretary;
(B) assist units of local government, regional planning
organizations, and nonprofit organizations in carrying out
the approved management plan by--
(i) carrying out programs and projects that recognize,
protect, and enhance important resource values in the
Heritage Area;
(ii) establishing and maintaining interpretive exhibits and
programs in the Heritage Area;
(iii) developing recreational and educational opportunities
in the Heritage Area;
(iv) increasing public awareness of, and appreciation for,
natural, historical, scenic, and cultural resources of the
Heritage Area;
(v) protecting and restoring historic sites and buildings
in the Heritage Area that are consistent with Heritage Area
themes;
(vi) ensuring that clear, consistent, and appropriate signs
identifying points of public access, and sites of interest
are posted throughout the Heritage Area; and
(vii) promoting a wide range of partnerships among
governments, organizations, and individuals to further the
Heritage Area;
(C) consider the interests of diverse units of government,
businesses, organizations, and individuals in the Heritage
Area in the preparation and implementation of the management
plan;
(D) conduct meetings open to the public at least
semiannually regarding the development and implementation of
the management plan;
(E) for any year that Federal funds have been received
under this section--
(i) submit an annual report to the Secretary that describes
the activities, expenses, and income of the management entity
(including grants to any other entities during the year that
the report is made);
(ii) make available to the Secretary for audit all records
relating to the expenditure of the funds and any matching
funds;
(iii) require, with respect to all agreements authorizing
expenditure of Federal funds by other organizations, that the
organizations receiving the funds make available to the
Secretary for audit all records concerning the expenditure of
the funds; and
(F) encourage by appropriate means economic viability that
is consistent with the Heritage Area.
[[Page 8663]]
(3) Prohibition on the acquisition of real property.--The
management entity shall not use Federal funds made available
under this section to acquire real property or any interest
in real property.
(4) Cost-sharing requirement.--The Federal share of the
cost of any activity carried out using any assistance made
available under this section shall be 50 percent.
(d) Management Plan.--
(1) In general.--Not later than 3 years after the date of
enactment of this Act, the management entity shall submit to
the Secretary for approval a proposed management plan for the
Heritage Area.
(2) Requirements.--The management plan shall--
(A) incorporate an integrated and cooperative approach for
the protection, enhancement, and interpretation of the
natural, cultural, historic, scenic, and recreational
resources of the Heritage Area;
(B) take into consideration State and local plans;
(C) include--
(i) an inventory of--
(I) the resources located in the core area described in
subsection (b)(2); and
(II) any other property in the core area that--
(aa) is related to the themes of the Heritage Area; and
(bb) should be preserved, restored, managed, or maintained
because of the significance of the property;
(ii) comprehensive policies, strategies and recommendations
for conservation, funding, management, and development of the
Heritage Area;
(iii) a description of actions that governments, private
organizations, and individuals have agreed to take to protect
the natural, historical and cultural resources of the
Heritage Area;
(iv) a program of implementation for the management plan by
the management entity that includes a description of--
(I) actions to facilitate ongoing collaboration among
partners to promote plans for resource protection,
restoration, and construction; and
(II) specific commitments for implementation that have been
made by the management entity or any government,
organization, or individual for the first 5 years of
operation;
(v) the identification of sources of funding for carrying
out the management plan;
(vi) analysis and recommendations for means by which local,
State, and Federal programs, including the role of the
National Park Service in the Heritage Area, may best be
coordinated to carry out this section; and
(vii) an interpretive plan for the Heritage Area; and
(D) recommend policies and strategies for resource
management that consider and detail the application of
appropriate land and water management techniques, including
the development of intergovernmental and interagency
cooperative agreements to protect the natural, historical,
cultural, educational, scenic, and recreational resources of
the Heritage Area.
(3) Deadline.--If a proposed management plan is not
submitted to the Secretary by the date that is 3 years after
the date of enactment of this Act, the management entity
shall be ineligible to receive additional funding under this
section until the date that the Secretary receives and
approves the management plan.
(4) Approval or disapproval of management plan.--
(A) In general.--Not later than 180 days after the date of
receipt of the management plan under paragraph (1), the
Secretary, in consultation with the State, shall approve or
disapprove the management plan.
(B) Criteria for approval.--In determining whether to
approve the management plan, the Secretary shall consider
whether--
(i) the management entity is representative of the diverse
interests of the Heritage Area, including governments,
natural and historic resource protection organizations,
educational institutions, businesses, and recreational
organizations;
(ii) the management entity has afforded adequate
opportunity, including public hearings, for public and
governmental involvement in the preparation of the management
plan; and
(iii) the resource protection and interpretation strategies
contained in the management plan, if implemented, would
adequately protect the natural, historical, and cultural
resources of the Heritage Area.
(C) Action following disapproval.--If the Secretary
disapproves the management plan under subparagraph (A), the
Secretary shall--
(i) advise the management entity in writing of the reasons
for the disapproval;
(ii) make recommendations for revisions to the management
plan; and
(iii) not later than 180 days after the receipt of any
proposed revision of the management plan from the management
entity, approve or disapprove the proposed revision.
(D) Amendments.--
(i) In general.--The Secretary shall approve or disapprove
each amendment to the management plan that the Secretary
determines make a substantial change to the management plan.
(ii) Use of funds.--The management entity shall not use
Federal funds authorized by this section to carry out any
amendments to the management plan until the Secretary has
approved the amendments.
(e) Relationship to Other Federal Agencies.--
(1) In general.--Nothing in this section affects the
authority of a Federal agency to provide technical or
financial assistance under any other law.
(2) Consultation and coordination.--The head of any Federal
agency planning to conduct activities that may have an impact
on the Heritage Area is encouraged to consult and coordinate
the activities with the Secretary and the management entity
to the maximum extent practicable.
(3) Other federal agencies.--Nothing in this section--
(A) modifies, alters, or amends any law or regulation
authorizing a Federal agency to manage Federal land under the
jurisdiction of the Federal agency;
(B) limits the discretion of a Federal land manager to
implement an approved land use plan within the boundaries of
the Heritage Area; or
(C) modifies, alters, or amends any authorized use of
Federal land under the jurisdiction of a Federal agency.
(f) Private Property and Regulatory Protections.--Nothing
in this section--
(1) abridges the rights of any property owner (whether
public or private), including the right to refrain from
participating in any plan, project, program, or activity
conducted within the Heritage Area;
(2) requires any property owner to permit public access
(including access by Federal, State, or local agencies) to
the property of the property owner, or to modify public
access or use of property of the property owner under any
other Federal, State, or local law;
(3) alters any duly adopted land use regulation, approved
land use plan, or other regulatory authority of any Federal,
State or local agency, or conveys any land use or other
regulatory authority to the management entity;
(4) authorizes or implies the reservation or appropriation
of water or water rights;
(5) diminishes the authority of the State to manage fish
and wildlife, including the regulation of fishing and hunting
within the Heritage Area; or
(6) creates any liability, or affects any liability under
any other law, of any private property owner with respect to
any person injured on the private property.
(g) Evaluation; Report.--
(1) In general.--Not later than 3 years before the date on
which authority for Federal funding terminates for the
Heritage Area, the Secretary shall--
(A) conduct an evaluation of the accomplishments of the
Heritage Area; and
(B) prepare a report in accordance with paragraph (3).
(2) Evaluation.--An evaluation conducted under paragraph
(1)(A) shall--
(A) assess the progress of the management entity with
respect to--
(i) accomplishing the purposes of this section for the
Heritage Area; and
(ii) achieving the goals and objectives of the approved
management plan for the Heritage Area;
(B) analyze the Federal, State, local, and private
investments in the Heritage Area to determine the leverage
and impact of the investments; and
(C) review the management structure, partnership
relationships, and funding of the Heritage Area for purposes
of identifying the critical components for sustainability of
the Heritage Area.
(3) Report.--
(A) In general.--Based on the evaluation conducted under
paragraph (1)(A), the Secretary shall prepare a report that
includes recommendations for the future role of the National
Park Service, if any, with respect to the Heritage Area.
(B) Required analysis.--If the report prepared under
subparagraph (A) recommends that Federal funding for the
Heritage Area be reauthorized, the report shall include an
analysis of--
(i) ways in which Federal funding for the Heritage Area may
be reduced or eliminated; and
(ii) the appropriate time period necessary to achieve the
recommended reduction or elimination.
(C) Submission to congress.--On completion of the report,
the Secretary shall submit the report to--
(i) the Committee on Energy and Natural Resources of the
Senate; and
(ii) the Committee on Natural Resources of the House of
Representatives.
(h) Authorization of Appropriations.--There is authorized
to be appropriated to carry out this section $10,000,000, of
which not more than $1,000,000 may be made available for any
fiscal year.
(i) Termination of Authority.--The authority of the
Secretary to provide assistance under this section terminates
on the date that is 15 years after the date of enactment of
this Act.
SEC. 8002. CACHE LA POUDRE RIVER NATIONAL HERITAGE AREA,
COLORADO.
(a) Definitions.--In this section:
(1) Heritage area.--The term ``Heritage Area'' means the
Cache La Poudre River National Heritage Area established by
subsection (b)(1).
(2) Local coordinating entity.--The term ``local
coordinating entity'' means the Poudre Heritage Alliance, the
local coordinating entity for the Heritage Area designated by
subsection (b)(4).
(3) Management plan.--The term ``management plan'' means
the management plan for the Heritage Area required under
subsection (d)(1).
(4) Map.--The term ``map'' means the map entitled ``Cache
La Poudre River National Heritage Area'', numbered 960/
80,003, and dated April, 2004.
[[Page 8664]]
(5) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(6) State.--The term ``State'' means the State of Colorado.
(b) Cache La Poudre River National Heritage Area.--
(1) Establishment.--There is established in the State the
Cache La Poudre River National Heritage Area.
(2) Boundaries.--The Heritage Area shall consist of the
area depicted on the map.
(3) Map.--The map shall be on file and available for public
inspection in the appropriate offices of--
(A) the National Park Service; and
(B) the local coordinating entity.
(4) Local coordinating entity.--The local coordinating
entity for the Heritage Area shall be the Poudre Heritage
Alliance, a nonprofit organization incorporated in the State.
(c) Administration.--
(1) Authorities.--To carry out the management plan, the
Secretary, acting through the local coordinating entity, may
use amounts made available under this section--
(A) to make grants to the State (including any political
subdivision of the State), nonprofit organizations, and other
individuals;
(B) to enter into cooperative agreements with, or provide
technical assistance to, the State (including any political
subdivision of the State), nonprofit organizations, and other
interested parties;
(C) to hire and compensate staff, which shall include
individuals with expertise in natural, cultural, and
historical resource protection, and heritage programming;
(D) to obtain funds or services from any source, including
funds or services that are provided under any other Federal
law or program;
(E) to enter into contracts for goods or services; and
(F) to serve as a catalyst for any other activity that--
(i) furthers the purposes and goals of the Heritage Area;
and
(ii) is consistent with the approved management plan.
(2) Duties.--The local coordinating entity shall--
(A) in accordance with subsection (d), prepare and submit
to the Secretary a management plan for the Heritage Area;
(B) assist units of local government, regional planning
organizations, and nonprofit organizations in carrying out
the approved management plan by--
(i) carrying out programs and projects that recognize,
protect, and enhance important resource values located in the
Heritage Area;
(ii) establishing and maintaining interpretive exhibits and
programs in the Heritage Area;
(iii) developing recreational and educational opportunities
in the Heritage Area;
(iv) increasing public awareness of, and appreciation for,
the natural, historical, scenic, and cultural resources of
the Heritage Area;
(v) protecting and restoring historic sites and buildings
in the Heritage Area that are consistent with Heritage Area
themes;
(vi) ensuring that clear, consistent, and appropriate signs
identifying points of public access, and sites of interest,
are posted throughout the Heritage Area; and
(vii) promoting a wide range of partnerships among
governments, organizations, and individuals to further the
Heritage Area;
(C) consider the interests of diverse units of government,
businesses, organizations, and individuals in the Heritage
Area in the preparation and implementation of the management
plan;
(D) conduct meetings open to the public at least
semiannually regarding the development and implementation of
the management plan;
(E) for any year for which Federal funds have been received
under this section--
(i) submit an annual report to the Secretary that describes
the activities, expenses, and income of the local
coordinating entity (including grants to any other entities
during the year that the report is made);
(ii) make available to the Secretary for audit all records
relating to the expenditure of the funds and any matching
funds; and
(iii) require, with respect to all agreements authorizing
expenditure of Federal funds by other organizations, that the
organizations receiving the funds make available to the
Secretary for audit all records concerning the expenditure of
the funds; and
(F) encourage by appropriate means economic viability that
is consistent with the Heritage Area.
(3) Prohibition on the acquisition of real property.--The
local coordinating entity shall not use Federal funds made
available under this section to acquire real property or any
interest in real property.
(d) Management Plan.--
(1) In general.--Not later than 3 years after the date of
enactment of this Act, the local coordinating entity shall
submit to the Secretary for approval a proposed management
plan for the Heritage Area.
(2) Requirements.--The management plan shall--
(A) incorporate an integrated and cooperative approach for
the protection, enhancement, and interpretation of the
natural, cultural, historic, scenic, educational, and
recreational resources of the Heritage Area;
(B) take into consideration State and local plans;
(C) include--
(i) an inventory of the resources located in the Heritage
Area;
(ii) comprehensive policies, strategies, and
recommendations for conservation, funding, management, and
development of the Heritage Area;
(iii) a description of actions that governments, private
organizations, and individuals have agreed to take to protect
the natural, cultural, historic, scenic, educational, and
recreational resources of the Heritage Area;
(iv) a program of implementation for the management plan by
the local coordinating entity that includes a description
of--
(I) actions to facilitate ongoing collaboration among
partners to promote plans for resource protection,
restoration, and construction; and
(II) specific commitments for implementation that have been
made by the local coordinating entity or any government,
organization, or individual for the first 5 years of
operation;
(v) the identification of sources of funding for carrying
out the management plan;
(vi) analysis and recommendations for means by which local,
State, and Federal programs, including the role of the
National Park Service in the Heritage Area, may best be
coordinated to carry out this section; and
(vii) an interpretive plan for the Heritage Area; and
(D) recommend policies and strategies for resource
management that consider and detail the application of
appropriate land and water management techniques, including
the development of intergovernmental and interagency
cooperative agreements to protect the natural, cultural,
historic, scenic, educational, and recreational resources of
the Heritage Area.
(3) Deadline.--If a proposed management plan is not
submitted to the Secretary by the date that is 3 years after
the date of enactment of this Act, the local coordinating
entity shall be ineligible to receive additional funding
under this section until the date on which the Secretary
approves a management plan.
(4) Approval or disapproval of management plan.--
(A) In general.--Not later than 180 days after the date of
receipt of the management plan under paragraph (1), the
Secretary, in consultation with the State, shall approve or
disapprove the management plan.
(B) Criteria for approval.--In determining whether to
approve the management plan, the Secretary shall consider
whether--
(i) the local coordinating entity is representative of the
diverse interests of the Heritage Area, including
governments, natural and historic resource protection
organizations, educational institutions, businesses, and
recreational organizations;
(ii) the local coordinating entity has afforded adequate
opportunity, including public hearings, for public and
governmental involvement in the preparation of the management
plan; and
(iii) the resource protection and interpretation strategies
contained in the management plan, if implemented, would
adequately protect the natural, cultural, historic, scenic,
educational, and recreational resources of the Heritage Area.
(C) Action following disapproval.--If the Secretary
disapproves the management plan under subparagraph (A), the
Secretary shall--
(i) advise the local coordinating entity in writing of the
reasons for the disapproval;
(ii) make recommendations for revisions to the management
plan; and
(iii) not later than 180 days after the date of receipt of
any proposed revision of the management plan from the local
coordinating entity, approve or disapprove the proposed
revision.
(5) Amendments.--
(A) In general.--The Secretary shall approve or disapprove
each amendment to the management plan that the Secretary
determines would make a substantial change to the management
plan.
(B) Use of funds.--The local coordinating entity shall not
use Federal funds authorized to be appropriated by this
section to carry out any amendments to the management plan
until the Secretary has approved the amendments.
(e) Relationship to Other Federal Agencies.--
(1) In general.--Nothing in this section affects the
authority of a Federal agency to provide technical or
financial assistance under any other law (including
regulations).
(2) Consultation and coordination.--To the maximum extent
practicable, the head of any Federal agency planning to
conduct activities that may have an impact on the Heritage
Area is encouraged to consult and coordinate the activities
with the Secretary and the local coordinating entity.
(3) Other federal agencies.--Nothing in this section--
(A) modifies, alters, or amends any law (including any
regulation) authorizing a Federal agency to manage Federal
land under the jurisdiction of the Federal agency;
(B) limits the discretion of a Federal land manager to
implement an approved land use plan within the boundaries of
the Heritage Area; or
(C) modifies, alters, or amends any authorized use of
Federal land under the jurisdiction of a Federal agency.
(f) Private Property and Regulatory Protections.--Nothing
in this section--
(1) abridges the rights of any public or private property
owner, including the right to refrain from participating in
any plan, project, program, or activity conducted within the
Heritage Area;
(2) requires any property owner--
(A) to permit public access (including access by Federal,
State, or local agencies) to the property of the property
owner; or
[[Page 8665]]
(B) to modify public access or use of property of the
property owner under any other Federal, State, or local law;
(3) alters any duly adopted land use regulation, approved
land use plan, or other regulatory authority of any Federal,
State, or local agency;
(4) conveys any land use or other regulatory authority to
the local coordinating entity;
(5) authorizes or implies the reservation or appropriation
of water or water rights;
(6) diminishes the authority of the State to manage fish
and wildlife, including the regulation of fishing and hunting
within the Heritage Area; or
(7) creates any liability, or affects any liability under
any other law (including regulations), of any private
property owner with respect to any individual injured on the
private property.
(g) Evaluation; Report.--
(1) In general.--Not later than 3 years before the date on
which authority for Federal funding terminates for the
Heritage Area, the Secretary shall--
(A) conduct an evaluation of the accomplishments of the
Heritage Area; and
(B) prepare a report in accordance with paragraph (3).
(2) Evaluation.--An evaluation conducted under paragraph
(1)(A) shall--
(A) assess the progress of the local coordinating entity
with respect to--
(i) accomplishing the purposes of this section for the
Heritage Area; and
(ii) achieving the goals and objectives of the approved
management plan for the Heritage Area;
(B) analyze the Federal, State, local, and private
investments in the Heritage Area to determine the leverage
and impact of the investments; and
(C) review the management structure, partnership
relationships, and funding of the Heritage Area to identify
the critical components for sustainability of the Heritage
Area.
(3) Report.--
(A) In general.--Based on the evaluation conducted under
paragraph (1)(A), the Secretary shall prepare a report that
includes recommendations for the future role of the National
Park Service, if any, with respect to the Heritage Area.
(B) Required analysis.--If the report prepared under
subparagraph (A) recommends that Federal funding for the
Heritage Area be reauthorized, the report shall include an
analysis of--
(i) ways in which Federal funding for the Heritage Area may
be reduced or eliminated; and
(ii) the appropriate time period necessary to achieve the
recommended reduction or elimination.
(C) Submission to congress.--On completion of the report,
the Secretary shall submit the report to--
(i) the Committee on Energy and Natural Resources of the
Senate; and
(ii) the Committee on Natural Resources of the House of
Representatives.
(h) Funding.--
(1) Authorization of appropriations.--There is authorized
to be appropriated to carry out this section $10,000,000, of
which not more than $1,000,000 may be made available for any
fiscal year.
(2) Cost-sharing requirement.--The Federal share of the
cost of any activity carried out using any assistance made
available under this section shall be 50 percent.
(i) Termination of Authority.--The authority of the
Secretary to provide assistance under this section terminates
on the date that is 15 years after the date of enactment of
this Act.
(j) Conforming Amendment.--The Cache La Poudre River
Corridor Act (16 U.S.C. 461 note; Public Law 104-323) is
repealed.
SEC. 8003. SOUTH PARK NATIONAL HERITAGE AREA, COLORADO.
(a) Definitions.--In this section:
(1) Board.--The term ``Board'' means the Board of Directors
of the South Park National Heritage Area, comprised initially
of the individuals, agencies, organizations, and governments
that were involved in the planning and development of the
Heritage Area before the date of enactment of this Act.
(2) Heritage area.--The term ``Heritage Area'' means the
South Park National Heritage Area established by subsection
(b)(1).
(3) Management entity.--The term ``management entity''
means the management entity for the Heritage Area designated
by subsection (b)(4)(A).
(4) Management plan.--The term ``management plan'' means
the management plan for the Heritage Area required by
subsection (d).
(5) Map.--The term ``map'' means the map entitled ``South
Park National Heritage Area Map (Proposed)'', dated January
30, 2006.
(6) Partner.--The term ``partner'' means a Federal, State,
or local governmental entity, organization, private industry,
educational institution, or individual involved in the
conservation, preservation, interpretation, development or
promotion of heritage sites or resources of the Heritage
Area.
(7) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(8) State.--The term ``State'' means the State of Colorado.
(9) Technical assistance.--The term ``technical
assistance'' means any guidance, advice, help, or aid, other
than financial assistance, provided by the Secretary.
(b) South Park National Heritage Area.--
(1) Establishment.--There is established in the State the
South Park National Heritage Area.
(2) Boundaries.--The Heritage Area shall consist of the
areas included in the map.
(3) Map.--A map of the Heritage Area shall be--
(A) included in the management plan; and
(B) on file and available for public inspection in the
appropriate offices of the National Park Service.
(4) Management entity.--
(A) In general.--The management entity for the Heritage
Area shall be the Park County Tourism & Community Development
Office, in conjunction with the South Park National Heritage
Area Board of Directors.
(B) Membership requirements.--Members of the Board shall
include representatives from a broad cross-section of
individuals, agencies, organizations, and governments that
were involved in the planning and development of the Heritage
Area before the date of enactment of this Act.
(c) Administration.--
(1) Prohibition on the acquisition of real property.--The
management entity shall not use Federal funds made available
under this section to acquire real property or any interest
in real property.
(2) Authorities.--For purposes of carrying out the
management plan, the Secretary, acting through the management
entity, may use amounts made available under this section
to--
(A) make grants to the State or a political subdivision of
the State, nonprofit organizations, and other persons;
(B) enter into cooperative agreements with, or provide
technical assistance to, the State or a political subdivision
of the State, nonprofit organizations, and other interested
parties;
(C) hire and compensate staff, which shall include
individuals with expertise in natural, cultural, and
historical resources protection, fundraising, heritage
facility planning and development, and heritage tourism
programming;
(D) obtain funds or services from any source, including
funds or services that are provided under any other Federal
law or program;
(E) enter into contracts for goods or services; and
(F) to facilitate the conduct of other projects and
activities that further the Heritage Area and are consistent
with the approved management plan.
(3) Duties.--The management entity shall--
(A) in accordance with subsection (d), prepare and submit a
management plan for the Heritage Area to the Secretary;
(B) assist units of local government, local property owners
and businesses, and nonprofit organizations in carrying out
the approved management plan by--
(i) carrying out programs and projects that recognize,
protect, enhance, and promote important resource values in
the Heritage Area;
(ii) establishing and maintaining interpretive exhibits and
programs in the Heritage Area;
(iii) developing economic, recreational and educational
opportunities in the Heritage Area;
(iv) increasing public awareness of, and appreciation for,
historical, cultural, scenic, recreational, agricultural, and
natural resources of the Heritage Area;
(v) protecting and restoring historic sites and buildings
in the Heritage Area that are consistent with Heritage Area
themes;
(vi) ensuring that clear, consistent, and appropriate signs
identifying points of public access, and sites of interest
are posted throughout the Heritage Area;
(vii) promoting a wide range of partnerships among
governments, organizations, and individuals to further the
Heritage Area; and
(viii) planning and developing new heritage attractions,
products and services;
(C) consider the interests of diverse units of government,
businesses, organizations, and individuals in the Heritage
Area in the preparation and implementation of the management
plan;
(D) conduct meetings open to the public at least
semiannually regarding the development and implementation of
the management plan;
(E) for any year for which Federal funds have been received
under this section--
(i) submit to the Secretary an annual report that describes
the activities, expenses, and income of the management entity
(including grants to any other entities during the year that
the report is made);
(ii) make available to the Secretary for audit all records
relating to the expenditure of the Federal funds and any
matching funds; and
(iii) require, with respect to all agreements authorizing
expenditure of Federal funds by other organizations, that the
organizations receiving the funds make available to the
Secretary for audit all records concerning the expenditure of
the funds; and
(F) encourage by appropriate means economic viability that
is consistent with the Heritage Area.
(4) Cost-sharing requirement.--The Federal share of the
cost of any activity carried out using any assistance made
available under this section shall be 50 percent.
(d) Management Plan.--
(1) In general.--Not later than 3 years after the date of
enactment of this Act, the management entity, with public
participation, shall submit to the Secretary for approval a
proposed management plan for the Heritage Area.
(2) Requirements.--The management plan shall--
(A) incorporate an integrated and cooperative approach for
the protection, enhancement, interpretation, development, and
promotion of the
[[Page 8666]]
historical, cultural, scenic, recreational, agricultural, and
natural resources of the Heritage Area;
(B) take into consideration State and local plans;
(C) include--
(i) an inventory of--
(I) the resources located within the areas included in the
map; and
(II) any other eligible and participating property within
the areas included in the map that--
(aa) is related to the themes of the Heritage Area; and
(bb) should be preserved, restored, managed, maintained,
developed, or promoted because of the significance of the
property;
(ii) comprehensive policies, strategies, and
recommendations for conservation, funding, management,
development, and promotion of the Heritage Area;
(iii) a description of actions that governments, private
organizations, and individuals have agreed to take to manage
protect the historical, cultural, scenic, recreational,
agricultural, and natural resources of the Heritage Area;
(iv) a program of implementation for the management plan by
the management entity that includes a description of--
(I) actions to facilitate ongoing and effective
collaboration among partners to promote plans for resource
protection, enhancement, interpretation, restoration, and
construction; and
(II) specific commitments for implementation that have been
made by the management entity or any government,
organization, or individual for the first 5 years of
operation;
(v) the identification of sources of funding for carrying
out the management plan;
(vi) an analysis of and recommendations for means by which
Federal, State, and local programs, including the role of the
National Park Service in the Heritage Area, may best be
coordinated to carry out this section; and
(vii) an interpretive plan for the Heritage Area; and
(D) recommend policies and strategies for resource
management that consider and detail the application of
appropriate land and water management techniques, including
the development of intergovernmental and interagency
cooperative agreements to protect the historical, cultural,
scenic, recreational, agricultural, and natural resources of
the Heritage Area.
(3) Deadline.--If a proposed management plan is not
submitted to the Secretary by the date that is 3 years after
the date of enactment of this Act, the management entity
shall be ineligible to receive additional funding under this
section until the date on which the Secretary receives and
approves the management plan.
(4) Approval or disapproval of management plan.--
(A) In general.--Not later than 180 days after the date of
receipt of the management plan under paragraph (1), the
Secretary, in consultation with the State, shall approve or
disapprove the management plan.
(B) Criteria for approval.--In determining whether to
approve the management plan, the Secretary shall consider
whether--
(i) the management entity is representative of the diverse
interests of the Heritage Area, including governments,
natural and historical resource protection organizations,
educational institutions, local businesses and industries,
community organizations, recreational organizations, and
tourism organizations;
(ii) the management entity has afforded adequate
opportunity, including public hearings, for public and
governmental involvement in the preparation of the management
plan; and
(iii) strategies contained in the management plan, if
implemented, would adequately balance the voluntary
protection, development, and interpretation of the natural,
historical, cultural, scenic, recreational, and agricultural
resources of the Heritage Area.
(C) Action following disapproval.--If the Secretary
disapproves the management plan under subparagraph (A), the
Secretary shall--
(i) advise the management entity in writing of the reasons
for the disapproval;
(ii) make recommendations for revisions to the management
plan; and
(iii) not later than 180 days after the receipt of any
proposed revision of the management plan from the management
entity, approve or disapprove the proposed revision.
(D) Amendments.--
(i) In general.--The Secretary shall approve or disapprove
each amendment to the management plan that the Secretary
determines makes a substantial change to the management plan.
(ii) Use of funds.--The management entity shall not use
Federal funds authorized by this section to carry out any
amendments to the management plan until the Secretary has
approved the amendments.
(e) Relationship to Other Federal Agencies.--
(1) In general.--Nothing in this section affects the
authority of a Federal agency to provide technical or
financial assistance under any other law.
(2) Consultation and coordination.--The head of any Federal
agency planning to conduct activities that may have an impact
on the Heritage Area is encouraged to consult and coordinate
the activities with the Secretary and the management entity
to the maximum extent practicable.
(3) Other federal agencies.--Nothing in this section--
(A) modifies, alters, or amends any law or regulation
authorizing a Federal agency to manage Federal land under the
jurisdiction of the Federal agency;
(B) limits the discretion of a Federal land manager to
implement an approved land use plan within the boundaries of
the Heritage Area; or
(C) modifies, alters, or amends any authorized use of
Federal land under the jurisdiction of a Federal agency.
(f) Private Property and Regulatory Protections.--Nothing
in this section--
(1) abridges the rights of any property owner (whether
public or private), including the right to refrain from
participating in any plan, project, program, or activity
conducted within the Heritage Area;
(2) requires any property owner to permit public access
(including access by Federal, State, or local agencies) to
the property of the property owner, or to modify public
access or use of property of the property owner under any
other Federal, State, or local law;
(3) alters any duly adopted land use regulation, approved
land use plan, or other regulatory authority of any Federal,
State or local agency, or conveys any land use or other
regulatory authority to the management entity;
(4) authorizes or implies the reservation or appropriation
of water or water rights;
(5) diminishes the authority of the State to manage fish
and wildlife, including the regulation of fishing and hunting
within the Heritage Area; or
(6) creates any liability, or affects any liability under
any other law, of any private property owner with respect to
any person injured on the private property.
(g) Evaluation; Report.--
(1) In general.--Not later than 3 years before the date on
which authority for Federal funding terminates for the
Heritage Area, the Secretary shall--
(A) conduct an evaluation of the accomplishments of the
Heritage Area; and
(B) prepare a report in accordance with paragraph (3).
(2) Evaluation.--An evaluation conducted under paragraph
(1)(A) shall--
(A) assess the progress of the management entity with
respect to--
(i) accomplishing the purposes of this section for the
Heritage Area; and
(ii) achieving the goals and objectives of the approved
management plan for the Heritage Area;
(B) analyze the Federal, State, local, and private
investments in the Heritage Area to determine the leverage
and impact of the investments; and
(C) review the management structure, partnership
relationships, and funding of the Heritage Area for purposes
of identifying the critical components for sustainability of
the Heritage Area.
(3) Report.--
(A) In general.--Based on the evaluation conducted under
paragraph (1)(A), the Secretary shall prepare a report that
includes recommendations for the future role of the National
Park Service, if any, with respect to the Heritage Area.
(B) Required analysis.--If the report prepared under
subparagraph (A) recommends that Federal funding for the
Heritage Area be reauthorized, the report shall include an
analysis of--
(i) ways in which Federal funding for the Heritage Area may
be reduced or eliminated; and
(ii) the appropriate time period necessary to achieve the
recommended reduction or elimination.
(C) Submission to congress.--On completion of the report,
the Secretary shall submit the report to--
(i) the Committee on Energy and Natural Resources of the
Senate; and
(ii) the Committee on Natural Resources of the House of
Representatives.
(h) Authorization of Appropriations.--There is authorized
to be appropriated to carry out this section $10,000,000, of
which not more than $1,000,000 may be made available for any
fiscal year.
(i) Termination of Authority.--The authority of the
Secretary to provide assistance under this section terminates
on the date that is 15 years after the date of enactment of
this Act.
SEC. 8004. NORTHERN PLAINS NATIONAL HERITAGE AREA, NORTH
DAKOTA.
(a) Definitions.--In this section:
(1) Heritage area.--The term ``Heritage Area'' means the
Northern Plains National Heritage Area established by
subsection (b)(1).
(2) Local coordinating entity.--The term ``local
coordinating entity'' means the Northern Plains Heritage
Foundation, the local coordinating entity for the Heritage
Area designated by subsection (c)(1).
(3) Management plan.--The term ``management plan'' means
the management plan for the Heritage Area required under
subsection (d).
(4) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(5) State.--The term ``State'' means the State of North
Dakota.
(b) Establishment.--
(1) In general.--There is established the Northern Plains
National Heritage Area in the State of North Dakota.
(2) Boundaries.--The Heritage Area shall consist of--
(A) a core area of resources in Burleigh, McLean, Mercer,
Morton, and Oliver Counties in the State; and
(B) any sites, buildings, and districts within the core
area recommended by the management plan for inclusion in the
Heritage Area.
[[Page 8667]]
(3) Map.--A map of the Heritage Area shall be--
(A) included in the management plan; and
(B) on file and available for public inspection in the
appropriate offices of the local coordinating entity and the
National Park Service.
(c) Local Coordinating Entity.--
(1) In general.--The local coordinating entity for the
Heritage Area shall be the Northern Plains Heritage
Foundation, a nonprofit corporation established under the
laws of the State.
(2) Duties.--To further the purposes of the Heritage Area,
the Northern Plains Heritage Foundation, as the local
coordinating entity, shall--
(A) prepare a management plan for the Heritage Area, and
submit the management plan to the Secretary, in accordance
with this section;
(B) submit an annual report to the Secretary for each
fiscal year for which the local coordinating entity receives
Federal funds under this section, specifying--
(i) the specific performance goals and accomplishments of
the local coordinating entity;
(ii) the expenses and income of the local coordinating
entity;
(iii) the amounts and sources of matching funds;
(iv) the amounts leveraged with Federal funds and sources
of the leveraged funds; and
(v) grants made to any other entities during the fiscal
year;
(C) make available for audit for each fiscal year for which
the local coordinating entity receives Federal funds under
this section, all information pertaining to the expenditure
of the funds and any matching funds; and
(D) encourage economic viability and sustainability that is
consistent with the purposes of the Heritage Area.
(3) Authorities.--For the purposes of preparing and
implementing the approved management plan for the Heritage
Area, the local coordinating entity may use Federal funds
made available under this section to--
(A) make grants to political jurisdictions, nonprofit
organizations, and other parties within the Heritage Area;
(B) enter into cooperative agreements with or provide
technical assistance to political jurisdictions, nonprofit
organizations, Federal agencies, and other interested
parties;
(C) hire and compensate staff, including individuals with
expertise in--
(i) natural, historical, cultural, educational, scenic, and
recreational resource conservation;
(ii) economic and community development; and
(iii) heritage planning;
(D) obtain funds or services from any source, including
other Federal programs;
(E) contract for goods or services; and
(F) support activities of partners and any other activities
that further the purposes of the Heritage Area and are
consistent with the approved management plan.
(4) Prohibition on acquisition of real property.--The local
coordinating entity may not use Federal funds authorized to
be appropriated under this section to acquire any interest in
real property.
(5) Other sources.--Nothing in this section precludes the
local coordinating entity from using Federal funds from other
sources for authorized purposes.
(d) Management Plan.--
(1) In general.--Not later than 3 years after the date of
enactment of this Act, the local coordinating entity shall
submit to the Secretary for approval a proposed management
plan for the Heritage Area.
(2) Requirements.--The management plan for the Heritage
Area shall--
(A) describe comprehensive policies, goals, strategies, and
recommendations for telling the story of the heritage of the
area covered by the Heritage Area and encouraging long-term
resource protection, enhancement, interpretation, funding,
management, and development of the Heritage Area;
(B) include a description of actions and commitments that
Federal, State, tribal, and local governments, private
organizations, and citizens will take to protect, enhance,
interpret, fund, manage, and develop the natural, historical,
cultural, educational, scenic, and recreational resources of
the Heritage Area;
(C) specify existing and potential sources of funding or
economic development strategies to protect, enhance,
interpret, fund, manage, and develop the Heritage Area;
(D) include an inventory of the natural, historical,
cultural, educational, scenic, and recreational resources of
the Heritage Area relating to the national importance and
themes of the Heritage Area that should be protected,
enhanced, interpreted, managed, funded, and developed;
(E) recommend policies and strategies for resource
management, including the development of intergovernmental
and interagency agreements to protect, enhance, interpret,
fund, manage, and develop the natural, historical, cultural,
educational, scenic, and recreational resources of the
Heritage Area;
(F) describe a program for implementation for the
management plan, including--
(i) performance goals;
(ii) plans for resource protection, enhancement,
interpretation, funding, management, and development; and
(iii) specific commitments for implementation that have
been made by the local coordinating entity or any Federal,
State, tribal, or local government agency, organization,
business, or individual;
(G) include an analysis of, and recommendations for, means
by which Federal, State, tribal, and local programs may best
be coordinated (including the role of the National Park
Service and other Federal agencies associated with the
Heritage Area) to further the purposes of this section; and
(H) include a business plan that--
(i) describes the role, operation, financing, and functions
of the local coordinating entity and of each of the major
activities described in the management plan; and
(ii) provides adequate assurances that the local
coordinating entity has the partnerships and financial and
other resources necessary to implement the management plan
for the Heritage Area.
(3) Deadline.--
(A) In general.--Not later than 3 years after the date on
which funds are first made available to develop the
management plan after designation of the Heritage Area, the
local coordinating entity shall submit the management plan to
the Secretary for approval.
(B) Termination of funding.--If the management plan is not
submitted to the Secretary in accordance with subparagraph
(A), the local coordinating entity shall not qualify for any
additional financial assistance under this section until such
time as the management plan is submitted to and approved by
the Secretary.
(4) Approval of management plan.--
(A) Review.--Not later than 180 days after receiving the
plan, the Secretary shall review and approve or disapprove
the management plan for the Heritage Area on the basis of the
criteria established under subparagraph (B).
(B) Criteria for approval.--In determining whether to
approve a management plan for the Heritage Area, the
Secretary shall consider whether--
(i) the local coordinating entity represents the diverse
interests of the Heritage Area, including Federal, State,
tribal, and local governments, natural, and historic resource
protection organizations, educational institutions,
businesses, recreational organizations, community residents,
and private property owners;
(ii) the local coordinating entity--
(I) has afforded adequate opportunity for public and
Federal, State, tribal, and local governmental involvement
(including through workshops and hearings) in the preparation
of the management plan; and
(II) provides for at least semiannual public meetings to
ensure adequate implementation of the management plan;
(iii) the resource protection, enhancement, interpretation,
funding, management, and development strategies described in
the management plan, if implemented, would adequately
protect, enhance, interpret, fund, manage, and develop the
natural, historic, cultural, educational, scenic, and
recreational resources of the Heritage Area;
(iv) the management plan would not adversely affect any
activities authorized on Federal land under public land laws
or land use plans;
(v) the local coordinating entity has demonstrated the
financial capability, in partnership with others, to carry
out the plan;
(vi) the Secretary has received adequate assurances from
the appropriate State, tribal, and local officials whose
support is needed to ensure the effective implementation of
the State, tribal, and local elements of the management plan;
and
(vii) the management plan demonstrates partnerships among
the local coordinating entity, Federal, State, tribal, and
local governments, regional planning organizations, nonprofit
organizations, or private sector parties for implementation
of the management plan.
(C) Disapproval.--
(i) In general.--If the Secretary disapproves the
management plan, the Secretary--
(I) shall advise the local coordinating entity in writing
of the reasons for the disapproval; and
(II) may make recommendations to the local coordinating
entity for revisions to the management plan.
(ii) Deadline.--Not later than 180 days after receiving a
revised management plan, the Secretary shall approve or
disapprove the revised management plan.
(D) Amendments.--
(i) In general.--An amendment to the management plan that
substantially alters the purposes of the Heritage Area shall
be reviewed by the Secretary and approved or disapproved in
the same manner as the original management plan.
(ii) Implementation.--The local coordinating entity shall
not use Federal funds authorized to be appropriated by this
section to implement an amendment to the management plan
until the Secretary approves the amendment.
(E) Authorities.--The Secretary may--
(i) provide technical assistance under this section for the
development and implementation of the management plan; and
(ii) enter into cooperative agreements with interested
parties to carry out this section.
(e) Relationship to Other Federal Agencies.--
(1) In general.--Nothing in this section affects the
authority of a Federal agency to provide technical or
financial assistance under any other law.
(2) Technical and financial assistance.--
(A) In general.--On the request of the local coordinating
entity, the Secretary may provide financial assistance and,
on a reimbursable or nonreimbursable basis, technical
assistance to the local coordinating entity to develop and
implement the management plan.
(B) Cooperative agreements.--The Secretary may enter into
cooperative agreements
[[Page 8668]]
with the local coordinating entity and other public or
private entities to provide technical or financial assistance
under subparagraph (A).
(C) Priority.--In assisting the Heritage Area, the
Secretary shall give priority to actions that assist in--
(i) conserving the significant natural, historic, cultural,
and scenic resources of the Heritage Area; and
(ii) providing educational, interpretive, and recreational
opportunities consistent with the purposes of the Heritage
Area.
(3) Consultation and coordination.--To the maximum extent
practicable, the head of any Federal agency planning to
conduct activities that may have an impact on the Heritage
Area is encouraged to consult and coordinate the activities
with the Secretary and the local coordinating entity.
(4) Other federal agencies.--Nothing in this section--
(A) modifies or alters any laws (including regulations)
authorizing a Federal agency to manage Federal land under the
jurisdiction of the Federal agency;
(B) limits the discretion of a Federal land manager to
implement an approved land use plan within the boundaries of
the Heritage Area; or
(C) modifies, alters, or amends any authorized use of
Federal land under the jurisdiction of a Federal agency.
(f) Private Property and Regulatory Protections.--Nothing
in this section--
(1) abridges the rights of any owner of public or private
property, including the right to refrain from participating
in any plan, project, program, or activity conducted within
the Heritage Area;
(2) requires any property owner to--
(A) permit public access (including access by Federal,
State, or local agencies) to the property of the property
owner; or
(B) modify public access to, or use of, the property of the
property owner under any other Federal, State, or local law;
(3) alters any duly adopted land use regulation, approved
land use plan, or other regulatory authority of any Federal,
State, tribal, or local agency;
(4) conveys any land use or other regulatory authority to
the local coordinating entity;
(5) authorizes or implies the reservation or appropriation
of water or water rights;
(6) diminishes the authority of the State to manage fish
and wildlife, including the regulation of fishing and hunting
within the Heritage Area; or
(7) creates any liability, or affects any liability under
any other law, of any private property owner with respect to
any person injured on the private property.
(g) Evaluation; Report.--
(1) In general.--Not later than 3 years before the date on
which authority for Federal funding terminates for the
Heritage Area under subsection (i), the Secretary shall--
(A) conduct an evaluation of the accomplishments of the
Heritage Area; and
(B) prepare a report in accordance with paragraph (3).
(2) Evaluation.--An evaluation conducted under paragraph
(1)(A) shall--
(A) assess the progress of the local coordinating entity
with respect to--
(i) accomplishing the purposes of this section for the
Heritage Area; and
(ii) achieving the goals and objectives of the approved
management plan for the Heritage Area;
(B) analyze the Federal, State, local, and private
investments in the Heritage Area to determine the leverage
and impact of the investments; and
(C) review the management structure, partnership
relationships, and funding of the Heritage Area for purposes
of identifying the critical components for sustainability of
the Heritage Area.
(3) Report.--
(A) In general.--Based on the evaluation conducted under
paragraph (1)(A), the Secretary shall prepare a report that
includes recommendations for the future role of the National
Park Service, if any, with respect to the Heritage Area.
(B) Required analysis.--If the report prepared under
subparagraph (A) recommends that Federal funding for the
Heritage Area be reauthorized, the report shall include an
analysis of--
(i) ways in which Federal funding for the Heritage Area may
be reduced or eliminated; and
(ii) the appropriate time period necessary to achieve the
recommended reduction or elimination.
(C) Submission to congress.--On completion of the report,
the Secretary shall submit the report to--
(i) the Committee on Energy and Natural Resources of the
Senate; and
(ii) the Committee on Natural Resources of the House of
Representatives.
(h) Authorization of Appropriations.--
(1) In general.--There is authorized to be appropriated to
carry out this section $10,000,000, of which not more than
$1,000,000 may be made available for any fiscal year.
(2) Cost-sharing requirement.--
(A) In general.--The Federal share of the total cost of any
activity under this section shall be not more than 50
percent.
(B) Form.--The non-Federal contribution may be in the form
of in-kind contributions of goods or services fairly valued.
(i) Termination of Authority.--The authority of the
Secretary to provide assistance under this section terminates
on the date that is 15 years after the date of enactment of
this Act.
SEC. 8005. BALTIMORE NATIONAL HERITAGE AREA, MARYLAND.
(a) Definitions.--In this section:
(1) Heritage area.--The term ``Heritage Area'' means the
Baltimore National Heritage Area, established by subsection
(b)(1).
(2) Local coordinating entity.--The term ``local
coordinating entity'' means the local coordinating entity for
the Heritage Area designated by subsection (b)(4).
(3) Management plan.--The term ``management plan'' means
the management plan for the Heritage Area required under
subsection (c)(1)(A).
(4) Map.--The term ``map'' means the map entitled
``Baltimore National Heritage Area'', numbered T10/80,000,
and dated October 2007.
(5) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(6) State.--The term ``State'' means the State of Maryland.
(b) Baltimore National Heritage Area.--
(1) Establishment.--There is established the Baltimore
National Heritage Area in the State.
(2) Boundaries.--The Heritage Area shall be comprised of
the following areas, as described on the map:
(A) The area encompassing the Baltimore City Heritage Area
certified by the Maryland Heritage Areas Authority in October
2001 as part of the Baltimore City Heritage Area Management
Action Plan.
(B) The Mount Auburn Cemetery.
(C) The Cylburn Arboretum.
(D) The Middle Branch of the Patapsco River and surrounding
shoreline, including--
(i) the Cruise Maryland Terminal;
(ii) new marina construction;
(iii) the National Aquarium Aquatic Life Center;
(iv) the Westport Redevelopment;
(v) the Gwynns Falls Trail;
(vi) the Baltimore Rowing Club; and
(vii) the Masonville Cove Environmental Center.
(3) Availability of map.--The map shall be on file and
available for public inspection in the appropriate offices of
the National Park Service and the Baltimore Heritage Area
Association.
(4) Local coordinating entity.--The Baltimore Heritage Area
Association shall be the local coordinating entity for the
Heritage Area.
(c) Duties and Authorities of Local Coordinating Entity.--
(1) Duties of the local coordinating entity.--To further
the purposes of the Heritage Area, the local coordinating
entity shall--
(A) prepare, and submit to the Secretary, in accordance
with subsection (d), a management plan for the Heritage Area;
(B) assist units of local government, regional planning
organizations, and nonprofit organizations in implementing
the approved management plan by--
(i) carrying out programs and projects that recognize,
protect, and enhance important resource values within the
Heritage Area;
(ii) establishing and maintaining interpretive exhibits and
programs within the Heritage Area;
(iii) developing recreational and educational opportunities
in the Heritage Area;
(iv) increasing public awareness of, and appreciation for,
natural, historic, scenic, and cultural resources of the
Heritage Area;
(v) protecting and restoring historic sites and buildings
in the Heritage Area that are consistent with the themes of
the Heritage Area;
(vi) ensuring that signs identifying points of public
access and sites of interest are posted throughout the
Heritage Area; and
(vii) promoting a wide range of partnerships among
governments, organizations, and individuals to further the
purposes of the Heritage Area;
(C) consider the interests of diverse units of government,
businesses, organizations, and individuals in the Heritage
Area in the preparation and implementation of the management
plan;
(D) conduct meetings open to the public at least
semiannually regarding the development and implementation of
the management plan;
(E) submit an annual report to the Secretary for each
fiscal year for which the local coordinating entity receives
Federal funds under this section specifying--
(i) the accomplishments of the local coordinating entity;
(ii) the expenses and income of the local coordinating
entity;
(iii) the amounts and sources of matching funds;
(iv) the amounts leveraged with Federal funds and sources
of the leveraged funds; and
(v) grants made to any other entities during the fiscal
year;
(F) make available for audit for each fiscal year for which
the local coordinating entity receives Federal funds under
this section, all information pertaining to the expenditure
of the funds and any matching funds;
(G) require in all agreements authorizing expenditures of
Federal funds by other organizations, that the receiving
organizations make available for audit all records and other
information pertaining to the expenditure of the funds; and
(H) encourage, by appropriate means, economic development
that is consistent with the purposes of the Heritage Area.
(2) Authorities.--The local coordinating entity may,
subject to the prior approval of the Secretary, for the
purposes of preparing and implementing the management plan,
use Federal funds made available under this section to--
[[Page 8669]]
(A) make grants to the State, political subdivisions of the
State, nonprofit organizations, and other persons;
(B) enter into cooperative agreements with, or provide
technical assistance to, the State, political subdivisions of
the State, nonprofit organizations, Federal agencies, and
other interested parties;
(C) hire and compensate staff;
(D) obtain funds or services from any source, including
funds and services provided under any other Federal law or
program;
(E) contract for goods or services; and
(F) support activities of partners and any other activities
that further the purposes of the Heritage Area and are
consistent with the approved management plan.
(3) Prohibition on acquisition of real property.--The local
coordinating entity may not use Federal funds received under
this section to acquire any interest in real property.
(d) Management Plan.--
(1) In general.--Not later than 3 years after the date on
which funds are made available to develop the management
plan, the local coordinating entity shall submit to the
Secretary for approval a proposed management plan for the
Heritage Area.
(2) Requirements.--The management plan for the Heritage
Area shall--
(A) describe comprehensive policies, goals, strategies, and
recommendations for telling the story of the heritage of the
region and encouraging long-term resource protection,
enhancement, interpretation, funding, management, and
development of the Heritage Area;
(B) take into consideration existing State, county, and
local plans in the development and implementation of the
management plan;
(C) include a description of actions and commitments that
governments, private organizations, and citizens plan to take
to protect, enhance, and interpret the natural, historic,
scenic, and cultural resources of the Heritage Area;
(D) specify existing and potential sources of funding or
economic development strategies to protect, enhance,
interpret, fund, manage, and develop the Heritage Area;
(E) include an inventory of the natural, historic,
cultural, educational, scenic, and recreational resources of
the Heritage Area relating to the stories and themes of the
region that should be protected, enhanced, managed, or
developed;
(F) recommend policies and strategies for resource
management including, the development of intergovernmental
and interagency agreements to protect the natural, historic,
cultural, educational, scenic, and recreational resources of
the Heritage Area;
(G) describe a program for implementation of the management
plan, including--
(i) performance goals;
(ii) plans for resource protection, enhancement, and
interpretation; and
(iii) specific commitments for implementation that have
been made by the local coordinating entity or any government,
organization, business, or individual;
(H) include an analysis of, and recommendations for, ways
in which Federal, State, tribal, and local programs may best
be coordinated (including the role of the National Park
Service and other Federal agencies associated with the
Heritage Area) to further the purposes of this section;
(I) include an interpretive plan for the Heritage Area; and
(J) include a business plan that--
(i) describes the role, operation, financing, and functions
of the local coordinating entity and of each of the major
activities described in the management plan; and
(ii) provides adequate assurances that the local
coordinating entity has the partnerships and financial and
other resources necessary to implement the management plan
for the Heritage Area.
(3) Termination of funding.--If the management plan is not
submitted to the Secretary in accordance with this section,
the local coordinating entity shall not qualify for
additional financial assistance under this section until the
management plan is submitted to, and approved by, the
Secretary.
(4) Approval of management plan.--
(A) Review.--Not later than 180 days after the date on
which the Secretary receives the management plan, the
Secretary shall approve or disapprove the management plan.
(B) Consultation required.--The Secretary shall consult
with the Governor of the State and any tribal government in
which the Heritage Area is located before approving the
management plan.
(C) Criteria for approval.--In determining whether to
approve the management plan, the Secretary shall consider
whether--
(i) the local coordinating entity represents the diverse
interests of the Heritage Area, including governments,
natural and historic resource protection organizations,
educational institutions, businesses, community residents,
and recreational organizations;
(ii) the local coordinating entity has afforded adequate
opportunity for public and governmental involvement
(including through workshops and public meetings) in the
preparation of the management plan;
(iii) the resource protection and interpretation strategies
described in the management plan, if implemented, would
adequately protect the natural, historic, and cultural
resources of the Heritage Area;
(iv) the management plan would not adversely affect any
activities authorized on Federal or tribal land under
applicable laws or land use plans;
(v) the Secretary has received adequate assurances from the
appropriate State, tribal, and local officials whose support
is needed to ensure the effective implementation of the
State, tribal, and local aspects of the management plan; and
(vi) the local coordinating entity has demonstrated the
financial capability, in partnership with others, to carry
out the management plan.
(D) Action following disapproval.--
(i) In general.--If the Secretary disapproves the
management plan, the Secretary--
(I) shall advise the local coordinating entity in writing
of the reasons for the disapproval; and
(II) may make recommendations to the local coordinating
entity for revisions to the management plan.
(ii) Deadline.--Not later than 180 days after receiving a
revised management plan, the Secretary shall approve or
disapprove the revised management plan.
(E) Amendments.--
(i) In general.--An amendment to the management plan that
substantially alters the purposes of the Heritage Area shall
be reviewed by the Secretary and approved or disapproved in
the same manner as the original management plan.
(ii) Implementation.--The local coordinating entity shall
not use Federal funds authorized to be appropriated by this
section to implement an amendment to the management plan
until the Secretary approves the amendment.
(e) Duties and Authorities of the Secretary.--
(1) Technical and financial assistance.--
(A) In general.--On the request of the local coordinating
entity, the Secretary may provide technical and financial
assistance, on a reimbursable or nonreimbursable basis (as
determined by the Secretary), to the local coordinating
entity to develop and implement the management plan.
(B) Cooperative agreements.--The Secretary may enter into
cooperative agreements with the local coordinating entity and
other public or private entities to provide technical or
financial assistance under subparagraph (A).
(C) Priority.--In assisting the Heritage Area, the
Secretary shall give priority to actions that assist in--
(i) conserving the significant natural, historic, cultural,
and scenic resources of the Heritage Area; and
(ii) providing educational, interpretive, and recreational
opportunities consistent with the purposes of the Heritage
Area.
(2) Evaluation; report.--
(A) In general.--Not later than 3 years before the date on
which authority for Federal funding terminates for the
Heritage Area under subsection (i), the Secretary shall--
(i) conduct an evaluation of the accomplishments of the
Heritage Area; and
(ii) prepare a report with recommendations for the future
role of the National Park Service, if any, with respect to
the Heritage Area, in accordance with subparagraph (C).
(B) Evaluation.--An evaluation conducted under subparagraph
(A)(i) shall--
(i) assess the progress of the local coordinating entity
with respect to--
(I) accomplishing the purposes of this section for the
Heritage Area; and
(II) achieving the goals and objectives of the approved
management plan for the Heritage Area;
(ii) analyze the Federal, State, local, and private
investments in the Heritage Area to determine the leverage
and impact of the investments; and
(iii) review the management structure, partnership
relationships, and funding of the Heritage Area for purposes
of identifying the critical components for sustainability of
the Heritage Area.
(C) Report.--
(i) In general.--Based on the evaluation conducted under
subparagraph (A)(i), the Secretary shall prepare a report
that includes recommendations for the future role of the
National Park Service, if any, with respect to the Heritage
Area.
(ii) Required analysis.--If the report prepared under this
subparagraph recommends that Federal funding for the Heritage
Area be reauthorized, the report shall include an analysis
of--
(I) ways in which Federal funding for the Heritage Area may
be reduced or eliminated; and
(II) the appropriate time period necessary to achieve the
recommended reduction or elimination.
(iii) Submission to congress.--On completion of a report
under this subparagraph, the Secretary shall submit the
report to--
(I) the Committee on Energy and Natural Resources of the
Senate; and
(II) the Committee on Natural Resources of the House of
Representatives.
(f) Relationship to Other Federal Agencies.--
(1) In general.--Nothing in this section affects the
authority of a Federal agency to provide technical or
financial assistance under any other law.
(2) Consultation and coordination.--To the maximum extent
practicable, the head of any Federal agency planning to
conduct activities that may have an impact on the Heritage
Area is encouraged to consult and coordinate the activities
with the Secretary and the local coordinating entity.
[[Page 8670]]
(3) Other federal agencies.--Nothing in this section--
(A) modifies, alters, or amends any laws (including
regulations) authorizing a Federal agency to manage Federal
land under the jurisdiction of the Federal agency;
(B) limits the discretion of a Federal land manager to
implement an approved land use plan within the boundaries of
the Heritage Area; or
(C) modifies, alters, or amends any authorized use of
Federal land under the jurisdiction of a Federal agency.
(g) Property Owners and Regulatory Protections.--Nothing in
this section--
(1) abridges the rights of any owner of public or private
property, including the right to refrain from participating
in any plan, project, program, or activity conducted within
the Heritage Area;
(2) requires any property owner to--
(A) permit public access (including Federal, tribal, State,
or local government access) to the property; or
(B) modify any provisions of Federal, tribal, State, or
local law with regard to public access or use of private
land;
(3) alters any duly adopted land use regulations, approved
land use plan, or any other regulatory authority of any
Federal, State, or local agency, or tribal government;
(4) conveys any land use or other regulatory authority to
the local coordinating entity;
(5) authorizes or implies the reservation or appropriation
of water or water rights;
(6) diminishes the authority of the State to manage fish
and wildlife, including the regulation of fishing and hunting
within the Heritage Area; or
(7) creates any liability, or affects any liability under
any other law, of any private property owner with respect to
any person injured on the private property.
(h) Authorization of Appropriations.--
(1) In general.--There is authorized to be appropriated to
carry out this section $10,000,000, of which not more than
$1,000,000 may be made available for any fiscal year.
(2) Cost-sharing requirement.--
(A) In general.--The Federal share of the total cost of any
activity under this section shall be not more than 50
percent.
(B) Form.--The non-Federal contribution--
(i) shall be from non-Federal sources; and
(ii) may be in the form of in-kind contributions of goods
or services fairly valued.
(i) Termination of Effectiveness.--The authority of the
Secretary to provide assistance under this section terminates
on the date that is 15 years after the date of enactment of
this Act.
SEC. 8006. FREEDOM'S WAY NATIONAL HERITAGE AREA,
MASSACHUSETTS AND NEW HAMPSHIRE.
(a) Purposes.--The purposes of this section are--
(1) to foster a close working relationship between the
Secretary and all levels of government, the private sector,
and local communities in the States of Massachusetts and New
Hampshire;
(2) to assist the entities described in paragraph (1) to
preserve the special historic identity of the Heritage Area;
and
(3) to manage, preserve, protect, and interpret the
cultural, historic, and natural resources of the Heritage
Area for the educational and inspirational benefit of future
generations.
(b) Definitions.--In this section:
(1) Heritage area.--The term ``Heritage Area'' means the
Freedom's Way National Heritage Area established by
subsection (c)(1).
(2) Local coordinating entity.--The term ``local
coordinating entity'' means the local coordinating entity for
the Heritage Area designated by subsection (c)(4).
(3) Management plan.--The term ``management plan'' means
the management plan for the Heritage Area required under
subsection (d)(1)(A).
(4) Map.--The term ``map'' means the map entitled
``Freedom's Way National Heritage Area'', numbered T04/
80,000, and dated July 2007.
(5) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(c) Establishment.--
(1) In general.--There is established the Freedom's Way
National Heritage Area in the States of Massachusetts and New
Hampshire.
(2) Boundaries.--
(A) In general.--The boundaries of the Heritage Area shall
be as generally depicted on the map.
(B) Revision.--The boundaries of the Heritage Area may be
revised if the revision is--
(i) proposed in the management plan;
(ii) approved by the Secretary in accordance with
subsection (e)(4); and
(iii) placed on file in accordance with paragraph (3).
(3) Availability of map.--The map shall be on file and
available for public inspection in the appropriate offices of
the National Park Service and the local coordinating entity.
(4) Local coordinating entity.--The Freedom's Way Heritage
Association, Inc., shall be the local coordinating entity for
the Heritage Area.
(d) Duties and Authorities of Local Coordinating Entity.--
(1) Duties of the local coordinating entity.--To further
the purposes of the Heritage Area, the local coordinating
entity shall--
(A) prepare, and submit to the Secretary, in accordance
with subsection (e), a management plan for the Heritage Area;
(B) assist units of local government, regional planning
organizations, and nonprofit organizations in implementing
the approved management plan by--
(i) carrying out programs and projects that recognize and
protect important resource values within the Heritage Area;
(ii) establishing and maintaining interpretive exhibits and
programs within the Heritage Area;
(iii) developing recreational and educational opportunities
in the Heritage Area;
(iv) increasing public awareness of, and appreciation for,
natural, historic, and cultural resources of the Heritage
Area;
(v) protecting and restoring historic buildings in the
Heritage Area that are consistent with the themes of the
Heritage Area; and
(vi) ensuring that signs identifying points of public
access and sites of interest are posted throughout the
Heritage Area;
(C) consider the interests of diverse units of government,
businesses, organizations, and individuals in the Heritage
Area in the preparation and implementation of the management
plan;
(D) conduct meetings open to the public at least quarterly
regarding the development and implementation of the
management plan;
(E) submit an annual report to the Secretary for each
fiscal year for which the local coordinating entity receives
Federal funds under this section specifying--
(i) the accomplishments of the local coordinating entity;
(ii) the expenses and income of the local coordinating
entity;
(iii) the amounts and sources of matching funds;
(iv) the amounts leveraged with Federal funds and sources
of the leveraged funds; and
(v) grants made to any other entities during the fiscal
year;
(F) make available for audit for each fiscal year for which
the local coordinating entity receives Federal funds under
this section, all information pertaining to the expenditure
of the funds and any matching funds;
(G) require in all agreements authorizing expenditures of
Federal funds by other organizations, that the receiving
organizations make available for audit all records and other
information pertaining to the expenditure of the funds; and
(H) encourage, by appropriate means, economic development
that is consistent with the purposes of the Heritage Area.
(2) Authorities.--The local coordinating entity may,
subject to the prior approval of the Secretary, for the
purposes of preparing and implementing the management plan,
use Federal funds made available under this section to--
(A) make grants to the States of Massachusetts and New
Hampshire, political subdivisions of the States, nonprofit
organizations, and other persons;
(B) enter into cooperative agreements with, or provide
technical assistance to, the States of Massachusetts and New
Hampshire, political subdivisions of the States, nonprofit
organizations, Federal agencies, and other interested
parties;
(C) hire and compensate staff;
(D) obtain funds or services from any source, including
funds and services provided under any other Federal law or
program;
(E) contract for goods or services; and
(F) support activities of partners and any other activities
that further the purposes of the Heritage Area and are
consistent with the approved management plan.
(3) Prohibition on acquisition of real property.--The local
coordinating entity may not use Federal funds received under
this section to acquire any interest in real property.
(4) Use of funds for non-federal property.--The local
coordinating entity may use Federal funds made available
under this section to assist non-Federal property that is--
(A) described in the management plan; or
(B) listed, or eligible for listing, on the National
Register of Historic Places.
(e) Management Plan.--
(1) In general.--Not later than 3 years after the date on
which funds are made available to develop the management
plan, the local coordinating entity shall submit to the
Secretary for approval a proposed management plan for the
Heritage Area.
(2) Requirements.--The management plan for the Heritage
Area shall--
(A) describe comprehensive policies, goals, strategies, and
recommendations for the conservation, funding, management,
and development of the Heritage Area;
(B) take into consideration existing State, county, and
local plans in the development and implementation of the
management plan;
(C) provide a framework for coordination of the plans
considered under subparagraph (B) to present a unified
historic preservation and interpretation plan;
(D) contain the contributions of residents, public
agencies, and private organizations within the Heritage Area;
(E) include a description of actions and commitments that
governments, private organizations, and citizens plan to take
to protect, enhance, and interpret the natural, historic,
scenic, and cultural resources of the Heritage Area;
(F) specify existing and potential sources of funding or
economic development strategies to conserve, manage, and
develop the Heritage Area;
(G) include an inventory of the natural, historic, and
recreational resources of the Heritage Area, including a list
of properties that--
(i) are related to the themes of the Heritage Area; and
(ii) should be conserved, restored, managed, developed, or
maintained;
[[Page 8671]]
(H) recommend policies and strategies for resource
management that--
(i) apply appropriate land and water management techniques;
(ii) include the development of intergovernmental and
interagency agreements to protect the natural, historic, and
cultural resources of the Heritage Area; and
(iii) support economic revitalization efforts;
(I) describe a program for implementation of the management
plan, including--
(i) restoration and construction plans or goals;
(ii) a program of public involvement;
(iii) annual work plans; and
(iv) annual reports;
(J) include an analysis of, and recommendations for, ways
in which Federal, State, tribal, and local programs may best
be coordinated (including the role of the National Park
Service and other Federal agencies associated with the
Heritage Area) to further the purposes of this section;
(K) include an interpretive plan for the Heritage Area; and
(L) include a business plan that--
(i) describes the role, operation, financing, and functions
of the local coordinating entity and of each of the major
activities described in the management plan; and
(ii) provides adequate assurances that the local
coordinating entity has the partnerships and financial and
other resources necessary to implement the management plan
for the Heritage Area.
(3) Termination of funding.--If the management plan is not
submitted to the Secretary in accordance with this section,
the local coordinating entity shall not qualify for
additional financial assistance under this section until the
management plan is submitted to, and approved by, the
Secretary.
(4) Approval of management plan.--
(A) Review.--Not later than 180 days after the date on
which the Secretary receives the management plan, the
Secretary shall approve or disapprove the management plan.
(B) Criteria for approval.--In determining whether to
approve the management plan, the Secretary shall consider
whether--
(i) the local coordinating entity represents the diverse
interests of the Heritage Area, including governments,
natural and historic resource protection organizations,
educational institutions, businesses, community residents,
and recreational organizations;
(ii) the local coordinating entity has afforded adequate
opportunity for public and governmental involvement
(including through workshops and public meetings) in the
preparation of the management plan;
(iii) the resource protection and interpretation strategies
described in the management plan, if implemented, would
adequately protect the natural, historic, and cultural
resources of the Heritage Area;
(iv) the management plan would not adversely affect any
activities authorized on Federal or tribal land under
applicable laws or land use plans;
(v) the Secretary has received adequate assurances from the
appropriate State, tribal, and local officials whose support
is needed to ensure the effective implementation of the
State, tribal, and local aspects of the management plan; and
(vi) the local coordinating entity has demonstrated the
financial capability, in partnership with others, to carry
out the management plan.
(C) Action following disapproval.--
(i) In general.--If the Secretary disapproves the
management plan, the Secretary--
(I) shall advise the local coordinating entity in writing
of the reasons for the disapproval; and
(II) may make recommendations to the local coordinating
entity for revisions to the management plan.
(ii) Deadline.--Not later than 180 days after receiving a
revised management plan, the Secretary shall approve or
disapprove the revised management plan.
(D) Amendments.--
(i) In general.--An amendment to the management plan that
substantially alters the purposes of the Heritage Area shall
be reviewed by the Secretary and approved or disapproved in
the same manner as the original management plan.
(ii) Implementation.--The local coordinating entity shall
not use Federal funds authorized to be appropriated by this
section to implement an amendment to the management plan
until the Secretary approves the amendment.
(f) Duties and Authorities of the Secretary.--
(1) Technical and financial assistance.--
(A) In general.--On the request of the local coordinating
entity, the Secretary may provide technical and financial
assistance, on a reimbursable or nonreimbursable basis (as
determined by the Secretary), to the local coordinating
entity to develop and implement the management plan.
(B) Cooperative agreements.--The Secretary may enter into
cooperative agreements with the local coordinating entity and
other public or private entities to provide technical or
financial assistance under subparagraph (A).
(C) Priority.--In assisting the Heritage Area, the
Secretary shall give priority to actions that assist in--
(i) conserving the significant natural, historic, and
cultural resources of the Heritage Area; and
(ii) providing educational, interpretive, and recreational
opportunities consistent with the purposes of the Heritage
Area.
(2) Evaluation; report.--
(A) In general.--Not later than 3 years before the date on
which authority for Federal funding terminates for the
Heritage Area under subsection (j), the Secretary shall--
(i) conduct an evaluation of the accomplishments of the
Heritage Area; and
(ii) prepare a report with recommendations for the future
role of the National Park Service, if any, with respect to
the Heritage Area, in accordance with subparagraph (C).
(B) Evaluation.--An evaluation conducted under subparagraph
(A)(i) shall--
(i) assess the progress of the local coordinating entity
with respect to--
(I) accomplishing the purposes of this section for the
Heritage Area; and
(II) achieving the goals and objectives of the approved
management plan for the Heritage Area;
(ii) analyze the Federal, State, local, and private
investments in the Heritage Area to determine the leverage
and impact of the investments; and
(iii) review the management structure, partnership
relationships, and funding of the Heritage Area for purposes
of identifying the critical components for sustainability of
the Heritage Area.
(C) Report.--
(i) In general.--Based on the evaluation conducted under
subparagraph (A)(i), the Secretary shall prepare a report
that includes recommendations for the future role of the
National Park Service, if any, with respect to the Heritage
Area.
(ii) Required analysis.--If the report prepared under this
subparagraph recommends that Federal funding for the Heritage
Area be reauthorized, the report shall include an analysis
of--
(I) ways in which Federal funding for the Heritage Area may
be reduced or eliminated; and
(II) the appropriate time period necessary to achieve the
recommended reduction or elimination.
(iii) Submission to congress.--On completion of a report
under this subparagraph, the Secretary shall submit the
report to--
(I) the Committee on Energy and Natural Resources of the
Senate; and
(II) the Committee on Natural Resources of the House of
Representatives.
(g) Relationship to Other Federal Agencies.--
(1) In general.--Nothing in this section affects the
authority of a Federal agency to provide technical or
financial assistance under any other law.
(2) Consultation and coordination.--To the maximum extent
practicable, the head of any Federal agency planning to
conduct activities that may have an impact on the Heritage
Area is encouraged to consult and coordinate the activities
with the Secretary and the local coordinating entity.
(3) Other federal agencies.--Nothing in this section--
(A) modifies, alters, or amends any laws (including
regulations) authorizing a Federal agency to manage Federal
land under the jurisdiction of the Federal agency;
(B) limits the discretion of a Federal land manager to
implement an approved land use plan within the boundaries of
the Heritage Area; or
(C) modifies, alters, or amends any authorized use of
Federal land under the jurisdiction of a Federal agency.
(h) Property Owners and Regulatory Protections.--Nothing in
this section--
(1) abridges the rights of any owner of public or private
property, including the right to refrain from participating
in any plan, project, program, or activity conducted within
the Heritage Area;
(2) requires any property owner to--
(A) permit public access (including Federal, tribal, State,
or local government access) to the property; or
(B) modify any provisions of Federal, tribal, State, or
local law with regard to public access or use of private
land;
(3) alters any duly adopted land use regulations, approved
land use plan, or any other regulatory authority of any
Federal, State, or local agency, or tribal government;
(4) conveys any land use or other regulatory authority to
the local coordinating entity;
(5) authorizes or implies the reservation or appropriation
of water or water rights;
(6) diminishes the authority of the States of Massachusetts
and New Hampshire to manage fish and wildlife, including the
regulation of fishing and hunting within the Heritage Area;
or
(7) creates any liability, or affects any liability under
any other law, of any private property owner with respect to
any person injured on the private property.
(i) Authorization of Appropriations.--
(1) In general.--There is authorized to be appropriated to
carry out this section $10,000,000, of which not more than
$1,000,000 may be made available for any fiscal year.
(2) Availability.--Funds made available under paragraph (1)
shall remain available until expended.
(3) Cost-sharing requirement.--
(A) In general.--The Federal share of the total cost of any
activity under this section shall be not more than 50
percent.
(B) Form.--The non-Federal contribution may be in the form
of in-kind contributions of goods or services fairly valued.
(j) Termination of Financial Assistance.--The authority of
the Secretary to provide financial assistance under this
section terminates on
[[Page 8672]]
the date that is 15 years after the date of enactment of this
Act.
SEC. 8007. MISSISSIPPI HILLS NATIONAL HERITAGE AREA.
(a) Definitions.--In this section:
(1) Heritage area.--The term ``Heritage Area'' means the
Mississippi Hills National Heritage Area established by
subsection (b)(1).
(2) Local coordinating entity.--The term ``local
coordinating entity'' means the local coordinating entity for
Heritage Area designated by subsection (b)(3)(A).
(3) Management plan.--The term ``management plan'' means
the management plan for the Heritage Area required under
subsection (c)(1)(A).
(4) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(5) State.--The term ``State'' means the State of
Mississippi.
(b) Mississippi Hills National Heritage Area.--
(1) Establishment.--There is established the Mississippi
Hills National Heritage Area in the State.
(2) Boundaries.--
(A) Affected counties.--The Heritage Area shall consist of
all, or portions of, as specified by the boundary description
in subparagraph (B), Alcorn, Attala, Benton, Calhoun,
Carroll, Chickasaw, Choctaw, Clay, DeSoto, Grenada, Holmes,
Itawamba, Lafayette, Lee, Lowndes, Marshall, Monroe,
Montgomery, Noxubee, Oktibbeha, Panola, Pontotoc, Prentiss,
Tate, Tippah, Tishomingo, Union, Webster, Winston, and
Yalobusha Counties in the State.
(B) Boundary description.--The Heritage Area shall have the
following boundary description:
(i) traveling counterclockwise, the Heritage Area shall be
bounded to the west by U.S. Highway 51 from the Tennessee
State line until it intersects Interstate 55 (at Geeslin
Corner approximately \1/2\ mile due north of Highway
Interchange 208);
(ii) from this point, Interstate 55 shall be the western
boundary until it intersects with Mississippi Highway 12 at
Highway Interchange 156, the intersection of which shall be
the southwest terminus of the Heritage Area;
(iii) from the southwest terminus, the boundary shall--
(I) extend east along Mississippi Highway 12 until it
intersects U.S. Highway 51;
(II) follow Highway 51 south until it is intersected again
by Highway 12;
(III) extend along Highway 12 into downtown Kosciusko where
it intersects Mississippi Highway 35;
(IV) follow Highway 35 south until it is intersected by
Mississippi Highway 14; and
(V) extend along Highway 14 until it reaches the Alabama
State line, the intersection of which shall be the southeast
terminus of the Heritage Area;
(iv) from the southeast terminus, the boundary of the
Heritage Area shall follow the Mississippi-Alabama State line
until it reaches the Mississippi-Tennessee State line, the
intersection of which shall be the northeast terminus of the
Heritage Area; and
(v) the boundary shall extend due west until it reaches
U.S. Highway 51, the intersection of which shall be the
northwest terminus of the Heritage Area.
(3) Local coordinating entity.--
(A) In general.--The local coordinating entity for the
Heritage Area shall be the Mississippi Hills Heritage Area
Alliance, a nonprofit organization registered by the State,
with the cooperation and support of the University of
Mississippi.
(B) Board of directors.--
(i) In general.--The local coordinating entity shall be
governed by a Board of Directors comprised of not more than
30 members.
(ii) Composition.--Members of the Board of Directors shall
consist of--
(I) not more than 1 representative from each of the
counties described in paragraph (2)(A); and
(II) any ex-officio members that may be appointed by the
Board of Directors, as the Board of Directors determines to
be necessary.
(c) Duties and Authorities of Local Coordinating Entity.--
(1) Duties of the local coordinating entity.--To further
the purposes of the Heritage Area, the local coordinating
entity shall--
(A) prepare, and submit to the Secretary, in accordance
with subsection (d), a management plan for the Heritage Area;
(B) assist units of local government, regional planning
organizations, and nonprofit organizations in implementing
the approved management plan by--
(i) establishing and maintaining interpretive exhibits and
programs within the Heritage Area;
(ii) developing recreational opportunities in the Heritage
Area;
(iii) increasing public awareness of, and appreciation for,
natural, historical, cultural, archaeological, and
recreational resources of the Heritage Area;
(iv) restoring historic sites and buildings in the Heritage
Area that are consistent with the themes of the Heritage
Area; and
(v) carrying out any other activity that the local
coordinating entity determines to be consistent with this
section;
(C) conduct meetings open to the public at least annually
regarding the development and implementation of the
management plan;
(D) submit an annual report to the Secretary for each
fiscal year for which the local coordinating entity receives
Federal funds under this section specifying--
(i) the accomplishments of the local coordinating entity;
(ii) the expenses and income of the local coordinating
entity;
(iii) the amounts and sources of matching funds;
(iv) the amounts leveraged with Federal funds and sources
of the leveraged funds; and
(v) grants made to any other entities during the fiscal
year;
(E) make available for audit for each fiscal year for which
the local coordinating entity receives Federal funds under
this section, all information pertaining to the expenditure
of the funds and any matching funds;
(F) require in all agreements authorizing expenditures of
Federal funds by other organizations, that the receiving
organizations make available for audit all records and other
information pertaining to the expenditure of the funds; and
(G) ensure that each county included in the Heritage Area
is appropriately represented on any oversight advisory
committee established under this section to coordinate the
Heritage Area.
(2) Authorities.--The local coordinating entity may,
subject to the prior approval of the Secretary, for the
purposes of preparing and implementing the management plan,
use Federal funds made available under this section to--
(A) make grants and loans to the State, political
subdivisions of the State, nonprofit organizations, and other
persons;
(B) enter into cooperative agreements with, or provide
technical assistance to, the State, political subdivisions of
the State, nonprofit organizations, and other organizations;
(C) hire and compensate staff;
(D) obtain funds or services from any source, including
funds and services provided under any other Federal law or
program; and
(E) contract for goods or services.
(3) Prohibition on acquisition of real property.--The local
coordinating entity may not use Federal funds received under
this section to acquire any interest in real property.
(d) Management Plan.--
(1) In general.--Not later than 3 years after the date on
which funds are made available to develop the management
plan, the local coordinating entity shall submit to the
Secretary for approval a proposed management plan for the
Heritage Area.
(2) Requirements.--The management plan for the Heritage
Area shall--
(A) provide recommendations for the preservation,
conservation, enhancement, funding, management,
interpretation, development, and promotion of the cultural,
historical, archaeological, natural, and recreational
resources of the Heritage Area;
(B) specify existing and potential sources of funding or
economic development strategies to protect, enhance,
interpret, fund, manage, and develop the Heritage Area;
(C) include--
(i) an inventory of the natural, historical, cultural,
archaeological, and recreational resources of the Heritage
Area; and
(ii) an analysis of how Federal, State, tribal, and local
programs may best be coordinated to promote and carry out
this section;
(D) provide recommendations for educational and
interpretive programs to provide information to the public on
the resources of the Heritage Area; and
(E) involve residents of affected communities and tribal
and local governments.
(3) Termination of funding.--If the management plan is not
submitted to the Secretary in accordance with this
subsection, the local coordinating entity shall not qualify
for additional financial assistance under this section until
the management plan is submitted to, and approved by, the
Secretary.
(4) Approval of management plan.--
(A) Review.--Not later than 180 days after the date on
which the Secretary receives the management plan, the
Secretary shall approve or disapprove the management plan.
(B) Consultation required.--The Secretary shall consult
with the Governor of the State and any tribal government in
which the Heritage Area is located before approving the
management plan.
(C) Criteria for approval.--In determining whether to
approve the management plan, the Secretary shall consider
whether--
(i) the local coordinating entity represents the diverse
interests of the Heritage Area, including governments,
natural and historical resource protection organizations,
educational institutions, businesses, community residents,
and recreational organizations;
(ii) the local coordinating entity has afforded adequate
opportunity for public and governmental involvement
(including through workshops and public meetings) in the
preparation of the management plan;
(iii) the resource protection and interpretation strategies
described in the management plan, if implemented, would
adequately protect the natural, historical, cultural,
archaeological, and recreational resources of the Heritage
Area;
(iv) the management plan would not adversely affect any
activities authorized on Federal or tribal land under
applicable laws or land use plans;
(v) the Secretary has received adequate assurances from the
appropriate State, tribal, and local officials whose support
is needed to ensure the effective implementation of the
State, tribal, and local aspects of the management plan; and
(vi) the local coordinating entity has demonstrated the
financial capability, in partnership with others, to carry
out the management plan.
[[Page 8673]]
(D) Action following disapproval.--
(i) In general.--If the Secretary disapproves the
management plan, the Secretary--
(I) shall advise the local coordinating entity in writing
of the reasons for the disapproval; and
(II) may make recommendations to the local coordinating
entity for revisions to the management plan.
(ii) Deadline.--Not later than 180 days after receiving a
revised management plan, the Secretary shall approve or
disapprove the revised management plan.
(E) Review; amendments.--
(i) In general.--After approval by the Secretary of the
management plan, the Alliance shall periodically--
(I) review the management plan; and
(II) submit to the Secretary, for review and approval by
the Secretary, any recommendations for revisions to the
management plan.
(ii) In general.--An amendment to the management plan that
substantially alters the purposes of the Heritage Area shall
be reviewed by the Secretary and approved or disapproved in
the same manner as the original management plan.
(iii) Implementation.--The local coordinating entity shall
not use Federal funds authorized to be appropriated by this
section to implement an amendment to the management plan
until the Secretary approves the amendment.
(e) Duties and Authorities of the Secretary.--
(1) Technical and financial assistance.--
(A) In general.--On the request of the local coordinating
entity, the Secretary may provide technical and financial
assistance, on a reimbursable or nonreimbursable basis (as
determined by the Secretary), to the local coordinating
entity to develop and implement the management plan.
(B) Cooperative agreements.--The Secretary may enter into
cooperative agreements with the local coordinating entity and
other public or private entities to provide technical or
financial assistance under subparagraph (A).
(C) Priority.--In assisting the Heritage Area, the
Secretary shall give priority to actions that assist in--
(i) conserving the significant natural, historical,
cultural, archaeological, and recreational resources of the
Heritage Area; and
(ii) providing educational, interpretive, and recreational
opportunities consistent with the purposes of the Heritage
Area.
(2) Evaluation; report.--
(A) In general.--Not later than 3 years before the date on
which authority for Federal funding terminates for the
Heritage Area under subsection (i), the Secretary shall--
(i) conduct an evaluation of the accomplishments of the
Heritage Area; and
(ii) prepare a report with recommendations for the future
role of the National Park Service, if any, with respect to
the Heritage Area, in accordance with subparagraph (C).
(B) Evaluation.--An evaluation conducted under subparagraph
(A)(i) shall--
(i) assess the progress of the local coordinating entity
with respect to--
(I) accomplishing the purposes of this section for the
Heritage Area; and
(II) achieving the goals and objectives of the approved
management plan for the Heritage Area;
(ii) analyze the Federal, State, local, and private
investments in the Heritage Area to determine the leverage
and impact of the investments; and
(iii) review the management structure, partnership
relationships, and funding of the Heritage Area for purposes
of identifying the critical components for sustainability of
the Heritage Area.
(C) Report.--
(i) In general.--Based on the evaluation conducted under
subparagraph (A)(i), the Secretary shall prepare a report
that includes recommendations for the future role of the
National Park Service, if any, with respect to the Heritage
Area.
(ii) Required analysis.--If the report prepared under this
subparagraph recommends that Federal funding for the Heritage
Area be reauthorized, the report shall include an analysis
of--
(I) ways in which Federal funding for the Heritage Area may
be reduced or eliminated; and
(II) the appropriate time period necessary to achieve the
recommended reduction or elimination.
(iii) Submission to congress.--On completion of a report
under this subparagraph, the Secretary shall submit the
report to--
(I) the Committee on Energy and Natural Resources of the
Senate; and
(II) the Committee on Natural Resources of the House of
Representatives.
(f) Relationship to Other Federal Agencies.--
(1) In general.--Nothing in this section affects the
authority of a Federal agency to provide technical or
financial assistance under any other law.
(2) Consultation and coordination.--To the maximum extent
practicable, the head of any Federal agency planning to
conduct activities that may have an impact on the Heritage
Area is encouraged to consult and coordinate the activities
with the Secretary and the local coordinating entity.
(3) Other federal agencies.--Nothing in this section--
(A) modifies, alters, or amends any laws (including
regulations) authorizing a Federal agency to manage Federal
land under the jurisdiction of the Federal agency;
(B) limits the discretion of a Federal land manager to
implement an approved land use plan within the boundaries of
the Heritage Area; or
(C) modifies, alters, or amends any authorized use of
Federal land under the jurisdiction of a Federal agency.
(g) Effect.--
(1) Property owners and regulatory protections.--Nothing in
this section--
(A) abridges the rights of any owner of public or private
property, including the right to refrain from participating
in any plan, project, program, or activity conducted within
the Heritage Area;
(B) requires any property owner to--
(i) permit public access (including Federal, tribal, State,
or local government access) to the property; or
(ii) modify any provisions of Federal, tribal, State, or
local law with regard to public access or use of private
land;
(C) alters any duly adopted land use regulations, approved
land use plan, or any other regulatory authority of any
Federal, State, or local agency, or tribal government;
(D) conveys any land use or other regulatory authority to
the local coordinating entity;
(E) authorizes or implies the reservation or appropriation
of water or water rights;
(F) diminishes the authority of the State to manage fish
and wildlife, including the regulation of fishing and hunting
within the Heritage Area; or
(G) creates any liability, or affects any liability under
any other law, of any private property owner with respect to
any person injured on the private property.
(2) No effect on indian tribes.--Nothing in this section--
(A) restricts an Indian tribe from protecting cultural or
religious sites on tribal land; or
(B) diminishes the trust responsibilities or government-to-
government obligations of the United States to any Indian
tribe recognized by the Federal Government.
(h) Authorization of Appropriations.--
(1) In general.--There is authorized to be appropriated to
carry out this section $10,000,000, of which not more than
$1,000,000 may be made available for any fiscal year.
(2) Availability.--Amounts made available under paragraph
(1) shall remain available until expended.
(3) Cost-sharing requirement.--
(A) In general.--The Federal share of the total cost of any
activity under this section shall be not more than 50
percent.
(B) Form.--The non-Federal contribution--
(i) shall be from non-Federal sources; and
(ii) may be in the form of in-kind contributions of goods
or services fairly valued.
(i) Termination of Financial Assistance.--The authority of
the Secretary to provide financial assistance under this
section terminates on the date that is 15 years after the
date of enactment of this Act.
SEC. 8008. MISSISSIPPI DELTA NATIONAL HERITAGE AREA.
(a) Definitions.--In this section:
(1) Board.--The term ``Board'' means the Board of Directors
of the local coordinating entity.
(2) Heritage area.--The term ``Heritage Area'' means the
Mississippi Delta National Heritage Area established by
subsection (b)(1).
(3) Local coordinating entity.--The term ``local
coordinating entity'' means the local coordinating entity for
the Heritage Area designated by subsection (b)(4)(A).
(4) Management plan.--The term ``management plan'' means
the management plan for the Heritage Area developed under
subsection (d).
(5) Map.--The term ``map'' means the map entitled
``Mississippi Delta National Heritage Area'', numbered T13/
80,000, and dated April 2008.
(6) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(7) State.--The term ``State'' means the State of
Mississippi.
(b) Establishment.--
(1) Establishment.--There is established in the State the
Mississippi Delta National Heritage Area.
(2) Boundaries.--The Heritage Area shall include all
counties in the State that contain land located in the
alluvial floodplain of the Mississippi Delta, including
Bolivar, Carroll, Coahoma, Desoto, Holmes, Humphreys,
Issaquena, Leflore, Panola, Quitman, Sharkey, Sunflower,
Tallahatchie, Tate, Tunica, Warren, Washington, and Yazoo
Counties in the State, as depicted on the map.
(3) Availability of map.--The map shall be on file and
available for public inspection in the office of the Director
of the National Park Service.
(4) Local coordinating entity.--
(A) Designation.--The Mississippi Delta National Heritage
Area Partnership shall be the local coordinating entity for
the Heritage Area.
(B) Board of directors.--
(i) Composition.--
(I) In general.--The local coordinating entity shall be
governed by a Board of Directors composed of 15 members, of
whom--
(aa) 1 member shall be appointed by Delta State University;
(bb) 1 member shall be appointed by Mississippi Valley
State University;
(cc) 1 member shall be appointed by Alcorn State
University;
(dd) 1 member shall be appointed by the Delta Foundation;
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(ee) 1 member shall be appointed by the Smith Robertson
Museum;
(ff) 1 member shall be appointed from the office of the
Governor of the State;
(gg) 1 member shall be appointed by Delta Council;
(hh) 1 member shall be appointed from the Mississippi Arts
Commission;
(ii) 1 member shall be appointed from the Mississippi
Department of Archives and History;
(jj) 1 member shall be appointed from the Mississippi
Humanities Council; and
(kk) up to 5 additional members shall be appointed for
staggered 1- and 2-year terms by County boards in the
Heritage Area.
(II) Residency requirements.--At least 7 members of the
Board shall reside in the Heritage Area.
(ii) Officers.--
(I) In general.--At the initial meeting of the Board, the
members of the Board shall appoint a Chairperson, Vice
Chairperson, and Secretary/Treasurer.
(II) Duties.--
(aa) Chairperson.--The duties of the Chairperson shall
include--
(AA) presiding over meetings of the Board;
(BB) executing documents of the Board; and
(CC) coordinating activities of the Heritage Area with
Federal, State, local, and nongovernmental officials.
(bb) Vice chairperson.--The Vice Chairperson shall act as
Chairperson in the absence or disability of the Chairperson.
(iii) Management authority.--
(I) In general.--The Board shall--
(aa) exercise all corporate powers of the local
coordinating entity;
(bb) manage the activities and affairs of the local
coordinating entity; and
(cc) subject to any limitations in the articles and bylaws
of the local coordinating entity, this section, and any other
applicable Federal or State law, establish the policies of
the local coordinating entity.
(II) Staff.--The Board shall have the authority to employ
any services and staff that are determined to be necessary by
a majority vote of the Board.
(iv) Bylaws.--
(I) In general.--The Board may amend or repeal the bylaws
of the local coordinating entity at any meeting of the Board
by a majority vote of the Board.
(II) Notice.--The Board shall provide notice of any meeting
of the Board at which an amendment to the bylaws is to be
considered that includes the text or a summary of the
proposed amendment.
(v) Minutes.--Not later than 60 days after a meeting of the
Board, the Board shall distribute the minutes of the meeting
among all Board members and the county supervisors in each
county within the Heritage Area.
(c) Duties and Authorities of Local Coordinating Entity.--
(1) Duties of the local coordinating entity.--To further
the purposes of the Heritage Area, the local coordinating
entity shall--
(A) prepare, and submit to the Secretary, in accordance
with subsection (d), a management plan for the Heritage Area;
(B) assist units of local government, regional planning
organizations, and nonprofit organizations in implementing
the approved management plan by--
(i) carrying out programs and projects that recognize,
protect, and enhance important resource values within the
Heritage Area;
(ii) establishing and maintaining interpretive exhibits and
programs within the Heritage Area;
(iii) developing recreational and educational opportunities
in the Heritage Area;
(iv) increasing public awareness of, and appreciation for,
natural, historic, scenic, and cultural resources of the
Heritage Area;
(v) protecting and restoring historic sites and buildings
in the Heritage Area that are consistent with the themes of
the Heritage Area;
(vi) ensuring that signs identifying points of public
access and sites of interest are posted throughout the
Heritage Area; and
(vii) promoting a wide range of partnerships among
governments, organizations, and individuals to further the
purposes of the Heritage Area;
(C) consider the interests of diverse units of government,
businesses, organizations, and individuals in the Heritage
Area in the preparation and implementation of the management
plan;
(D) conduct meetings open to the public at least
semiannually regarding the development and implementation of
the management plan;
(E) submit an annual report to the Secretary for each
fiscal year for which the local coordinating entity receives
Federal funds under this section specifying--
(i) the accomplishments of the local coordinating entity;
(ii) the expenses and income of the local coordinating
entity;
(iii) the amounts and sources of matching funds;
(iv) the amounts leveraged with Federal funds and sources
of the leveraged funds; and
(v) grants made to any other entities during the fiscal
year;
(F) make available for audit for each fiscal year for which
the local coordinating entity receives Federal funds under
this section, all information pertaining to the expenditure
of the funds and any matching funds;
(G) require in all agreements authorizing expenditures of
Federal funds by other organizations, that the receiving
organizations make available for audit all records and other
information pertaining to the expenditure of the funds; and
(H) encourage, by appropriate means, economic development
that is consistent with the purposes of the Heritage Area.
(2) Authorities.--The local coordinating entity may,
subject to the prior approval of the Secretary, for the
purposes of preparing and implementing the management plan,
use Federal funds made available under this section to--
(A) make grants to the State, political subdivisions of the
State, nonprofit organizations, and other persons;
(B) enter into cooperative agreements with, or provide
technical assistance to, the State, political subdivisions of
the State, nonprofit organizations, Federal agencies, and
other interested parties;
(C) hire and compensate staff;
(D) obtain funds or services from any source, including
funds and services provided under any other Federal law or
program;
(E) contract for goods or services; and
(F) support activities of partners and any other activities
that further the purposes of the Heritage Area and are
consistent with the approved management plan.
(3) Prohibition on acquisition of real property.--The local
coordinating entity may not use Federal funds received under
this section to acquire any interest in real property.
(d) Management Plan.--
(1) In general.--Not later than 3 years after the date on
which funds are made available to develop the management
plan, the local coordinating entity shall submit to the
Secretary for approval a proposed management plan for the
Heritage Area.
(2) Requirements.--The management plan for the Heritage
Area shall--
(A) describe comprehensive policies, goals, strategies, and
recommendations for telling the story of the heritage of the
region and encouraging long-term resource protection,
enhancement, interpretation, funding, management, and
development of the Heritage Area;
(B) take into consideration existing State, county, and
local plans in the development and implementation of the
management plan;
(C) include a description of actions and commitments that
governments, private organizations, and citizens plan to take
to protect, enhance, and interpret the cultural, historical,
archaeological, natural, and recreational resources of the
Heritage Area;
(D) specify existing and potential sources of funding or
economic development strategies to protect, enhance,
interpret, fund, manage, and develop the Heritage Area;
(E) include an inventory of the cultural, historical,
archaeological, natural, and recreational resources of the
Heritage Area relating to the stories and themes of the
region that should be protected, enhanced, managed, or
developed;
(F) recommend policies and strategies for resource
management including, the development of intergovernmental
and interagency agreements to protect the natural, historic,
cultural, educational, scenic, and recreational resources of
the Heritage Area;
(G) describe a program for implementation of the management
plan, including--
(i) performance goals;
(ii) plans for resource protection, enhancement, and
interpretation; and
(iii) specific commitments for implementation that have
been made by the local coordinating entity or any government,
organization, business, or individual;
(H) include an analysis of, and recommendations for, ways
in which Federal, State, tribal, and local programs may best
be coordinated (including the role of the National Park
Service and other Federal agencies associated with the
Heritage Area) to further the purposes of this section;
(I) include an interpretive plan for the Heritage Area; and
(J) include a business plan that--
(i) describes the role, operation, financing, and functions
of the local coordinating entity and of each of the major
activities described in the management plan; and
(ii) provides adequate assurances that the local
coordinating entity has the partnerships and financial and
other resources necessary to implement the management plan
for the Heritage Area.
(3) Termination of funding.--If the management plan is not
submitted to the Secretary in accordance with this
subsection, the local coordinating entity shall not qualify
for additional financial assistance under this section until
the management plan is submitted to, and approved by, the
Secretary.
(4) Approval of management plan.--
(A) Review.--Not later than 180 days after the date on
which the Secretary receives the management plan, the
Secretary shall approve or disapprove the management plan.
(B) Consultation required.--The Secretary shall consult
with the Governor of the State and any tribal government in
which the Heritage Area is located before approving the
management plan.
(C) Criteria for approval.--In determining whether to
approve the management plan, the Secretary shall consider
whether--
(i) the local coordinating entity represents the diverse
interests of the Heritage Area, including governments,
natural and historic resource protection organizations,
educational institutions, businesses, community residents,
and recreational organizations;
(ii) the local coordinating entity has afforded adequate
opportunity for public and governmental involvement
(including through workshops and public meetings) in the
preparation of the management plan;
[[Page 8675]]
(iii) the resource protection and interpretation strategies
described in the management plan, if implemented, would
adequately protect the cultural, historical, archaeological,
natural, and recreational resources of the Heritage Area;
(iv) the management plan would not adversely affect any
activities authorized on Federal or tribal land under
applicable laws or land use plans;
(v) the Secretary has received adequate assurances from the
appropriate State, tribal, and local officials whose support
is needed to ensure the effective implementation of the
State, tribal, and local aspects of the management plan; and
(vi) the local coordinating entity has demonstrated the
financial capability, in partnership with others, to carry
out the management plan.
(D) Action following disapproval.--
(i) In general.--If the Secretary disapproves the
management plan, the Secretary--
(I) shall advise the local coordinating entity in writing
of the reasons for the disapproval; and
(II) may make recommendations to the local coordinating
entity for revisions to the management plan.
(ii) Deadline.--Not later than 180 days after receiving a
revised management plan, the Secretary shall approve or
disapprove the revised management plan.
(E) Amendments.--
(i) In general.--An amendment to the management plan that
substantially alters the purposes of the Heritage Area shall
be reviewed by the Secretary and approved or disapproved in
the same manner as the original management plan.
(ii) Implementation.--The local coordinating entity shall
not use Federal funds authorized to be appropriated by this
section to implement an amendment to the management plan
until the Secretary approves the amendment.
(e) Duties and Authorities of the Secretary.--
(1) Technical and financial assistance.--
(A) In general.--On the request of the local coordinating
entity, the Secretary may provide technical and financial
assistance, on a reimbursable or nonreimbursable basis (as
determined by the Secretary), to the local coordinating
entity to develop and implement the management plan.
(B) Cooperative agreements.--The Secretary may enter into
cooperative agreements with the local coordinating entity and
other public or private entities to provide technical or
financial assistance under subparagraph (A).
(C) Priority.--In assisting the Heritage Area, the
Secretary shall give priority to actions that assist in--
(i) conserving the significant cultural, historical,
archaeological, natural, and recreational resources of the
Heritage Area; and
(ii) providing educational, interpretive, and recreational
opportunities consistent with the purposes of the Heritage
Area.
(D) Prohibition of certain requirements.--The Secretary may
not, as a condition of the provision of technical or
financial assistance under this subsection, require any
recipient of the assistance to impose or modify any land use
restriction or zoning ordinance.
(2) Evaluation; report.--
(A) In general.--Not later than 3 years before the date on
which authority for Federal funding terminates for the
Heritage Area under subsection (i), the Secretary shall--
(i) conduct an evaluation of the accomplishments of the
Heritage Area; and
(ii) prepare a report with recommendations for the future
role of the National Park Service, if any, with respect to
the Heritage Area, in accordance with subparagraph (C).
(B) Evaluation.--An evaluation conducted under subparagraph
(A)(i) shall--
(i) assess the progress of the local coordinating entity
with respect to--
(I) accomplishing the purposes of this section for the
Heritage Area; and
(II) achieving the goals and objectives of the approved
management plan for the Heritage Area;
(ii) analyze the Federal, State, local, and private
investments in the Heritage Area to determine the leverage
and impact of the investments; and
(iii) review the management structure, partnership
relationships, and funding of the Heritage Area for purposes
of identifying the critical components for sustainability of
the Heritage Area.
(C) Report.--
(i) In general.--Based on the evaluation conducted under
subparagraph (A)(i), the Secretary shall prepare a report
that includes recommendations for the future role of the
National Park Service, if any, with respect to the Heritage
Area.
(ii) Required analysis.--If the report prepared under this
subparagraph recommends that Federal funding for the Heritage
Area be reauthorized, the report shall include an analysis
of--
(I) ways in which Federal funding for the Heritage Area may
be reduced or eliminated; and
(II) the appropriate time period necessary to achieve the
recommended reduction or elimination.
(iii) Submission to congress.--On completion of a report
under this subparagraph, the Secretary shall submit the
report to--
(I) the Committee on Energy and Natural Resources of the
Senate; and
(II) the Committee on Natural Resources of the House of
Representatives.
(f) Relationship to Other Federal Agencies.--
(1) In general.--Nothing in this section affects the
authority of a Federal agency to provide technical or
financial assistance under any other law.
(2) Consultation and coordination.--To the maximum extent
practicable, the head of any Federal agency planning to
conduct activities that may have an impact on the Heritage
Area is encouraged to consult and coordinate the activities
with the Secretary and the local coordinating entity.
(3) Other federal agencies.--Nothing in this section--
(A) modifies, alters, or amends any laws (including
regulations) authorizing a Federal agency to manage Federal
land under the jurisdiction of the Federal agency;
(B) limits the discretion of a Federal land manager to
implement an approved land use plan within the boundaries of
the Heritage Area; or
(C) modifies, alters, or amends any authorized use of
Federal land under the jurisdiction of a Federal agency.
(g) Property Owners and Regulatory Protections.--Nothing in
this section--
(1) abridges the rights of any owner of public or private
property, including the right to refrain from participating
in any plan, project, program, or activity conducted within
the Heritage Area;
(2) requires any property owner to--
(A) permit public access (including Federal, tribal, State,
or local government access) to the property; or
(B) modify any provisions of Federal, tribal, State, or
local law with regard to public access or use of private
land;
(3) alters any duly adopted land use regulations, approved
land use plan, or any other regulatory authority of any
Federal, State, or local agency, or tribal government;
(4) conveys any land use or other regulatory authority to
the local coordinating entity;
(5) authorizes or implies the reservation or appropriation
of water or water rights;
(6) diminishes the authority of the State to manage fish
and wildlife, including the regulation of fishing and hunting
within the Heritage Area;
(7) creates any liability, or affects any liability under
any other law, of any private property owner with respect to
any person injured on the private property;
(8) restricts an Indian tribe from protecting cultural or
religious sites on tribal land; or
(9) diminishes the trust responsibilities of government-to-
government obligations of the United States of any federally
recognized Indian tribe.
(h) Authorization of Appropriations.--
(1) In general.--There is authorized to be appropriated to
carry out this section $10,000,000, of which not more than
$1,000,000 may be made available for any fiscal year.
(2) Cost-sharing requirement.--
(A) In general.--The Federal share of the total cost of any
activity under this section shall be not more than 50
percent.
(B) Form.--The non-Federal contribution--
(i) shall be from non-Federal sources; and
(ii) may be in the form of in-kind contributions of goods
or services fairly valued.
(i) Termination of Financial Assistance.--The authority of
the Secretary to provide financial assistance under this
section terminates on the date that is 15 years after the
date of enactment of this Act.
SEC. 8009. MUSCLE SHOALS NATIONAL HERITAGE AREA, ALABAMA.
(a) Purposes.--The purposes of this section are--
(1) to preserve, support, conserve, and interpret the
legacy of the region represented by the Heritage Area as
described in the feasibility study prepared by the National
Park Service;
(2) to promote heritage, cultural, and recreational
tourism, and to develop educational and cultural programs for
visitors and the general public;
(3) to recognize and interpret important events and
geographic locations representing key developments in the
growth of the United States, including the Native American,
Colonial American, European American, and African American
heritage;
(4) to recognize and interpret the manner by which the
distinctive geography of the region has shaped the
development of the settlement, defense, transportation,
commerce, and culture of the region;
(5) to provide a cooperative management framework to foster
a close working relationship with all levels of government,
the private sector, and the local communities in the region
to identify, preserve, interpret, and develop the historical,
cultural, scenic, and natural resources of the region for the
educational and inspirational benefit of current and future
generations; and
(6) to provide appropriate linkages between units of the
National Park System and communities, governments, and
organizations within the Heritage Area.
(b) Definitions.--In this section:
(1) Heritage area.--The term ``Heritage Area'' means the
Muscle Shoals National Heritage Area established by
subsection (c)(1).
(2) Local coordinating entity.--The term ``local
coordinating entity'' means the Muscle Shoals Regional
Center, the local coordinating entity for the Heritage Area
designated by subsection (c)(4).
(3) Management plan.--The term ``management plan'' means
the plan for the Heritage Area required under subsection
(d)(1)(A).
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(4) Map.--The term ``map'' means the map entitled ``Muscle
Shoals National Heritage Area'', numbered T08/80,000, and
dated October 2007.
(5) State.--The term ``State'' means the State of Alabama.
(c) Establishment.--
(1) In general.--There is established the Muscle Shoals
National Heritage Area in the State.
(2) Boundaries.--The Heritage Area shall be comprised of
the following areas, as depicted on the map:
(A) The Counties of Colbert, Franklin, Lauderdale,
Lawrence, Limestone, and Morgan, Alabama.
(B) The Wilson Dam.
(C) The Handy Home.
(D) The birthplace of Helen Keller.
(3) Availability map.--The map shall be on file and
available for public inspection in the appropriate offices of
the National Park Service and the local coordinating entity.
(4) Local coordinating entity.--The Muscle Shoals Regional
Center shall be the local coordinating entity for the
Heritage Area.
(d) Duties and Authorities of Local Coordinating Entity.--
(1) Duties of the local coordinating entity.--To further
the purposes of the Heritage Area, the local coordinating
entity shall--
(A) prepare, and submit to the Secretary, in accordance
with subsection (e), a management plan for the Heritage Area;
(B) submit an annual report to the Secretary for each
fiscal year for which the local coordinating entity receives
Federal funds under this section specifying--
(i) the accomplishments of the local coordinating entity;
(ii) the expenses and income of the local coordinating
entity;
(iii) the amounts and sources of matching funds;
(iv) the amounts leveraged with Federal funds and sources
of the leveraged funds; and
(v) grants made to any other entities during the fiscal
year;
(C) make available for audit for each fiscal year for which
the local coordinating entity receives Federal funds under
this section, all information pertaining to the expenditure
of the funds and any matching funds;
(D) encourage, by appropriate means, economic development
that is consistent with the purposes of the Heritage Area;
and
(E) serve as a catalyst for the implementation of projects
and programs among diverse partners in the Heritage Area.
(2) Authorities.--The local coordinating entity may,
subject to the prior approval of the Secretary, for the
purposes of preparing and implementing the management plan,
use Federal funds made available under this section to--
(A) make grants to the State, political subdivisions of the
State, nonprofit organizations, and other persons;
(B) enter into cooperative agreements with, or provide
technical assistance to, the State, political subdivisions of
the State, nonprofit organizations, Federal agencies, and
other interested parties;
(C) hire and compensate staff, including individuals with
expertise in--
(i) natural, historical, cultural, educational, scenic, and
recreational resource conservation;
(ii) economic and community development; and
(iii) heritage planning;
(D) obtain funds or services from any source, including
funds and services provided under any other Federal law or
program;
(E) contract for goods or services; and
(F) support activities of partners and any other activities
that further the purposes of the Heritage Area and are
consistent with the approved management plan.
(3) Prohibition on acquisition of real property.--The local
coordinating entity may not use Federal funds received under
this section to acquire any interest in real property.
(e) Management Plan.--
(1) In general.--Not later than 3 years after the date on
which funds are made available to develop the management
plan, the local coordinating entity shall submit to the
Secretary for approval a proposed management plan for the
Heritage Area.
(2) Requirements.--The management plan for the Heritage
Area shall--
(A) describe comprehensive policies, goals, strategies, and
recommendations for telling the story of the heritage of the
area covered by the Heritage Area and encouraging long-term
resource protection, enhancement, interpretation, funding,
management, and development of the Heritage Area;
(B) include a description of actions and commitments that
Federal, State, tribal, and local governments, private
organizations, and citizens plan to take to protect, enhance,
interpret, fund, manage, and develop the natural, historic,
cultural, educational, scenic, and recreational resources of
the Heritage Area;
(C) specify existing and potential sources of funding or
economic development strategies to protect, enhance,
interpret, fund, manage, and develop the Heritage Area;
(D) include an inventory of the natural, historic,
cultural, educational, scenic, and recreational resources of
the Heritage Area relating to the stories and themes of the
Heritage Area that should be protected, enhanced,
interpreted, managed, funded, or developed;
(E) recommend policies and strategies for resource
management, including the development of intergovernmental
and interagency agreements to protect, enhance, interpret,
fund, manage, and develop the natural, historic, cultural,
educational, scenic, and recreational resources of the
Heritage Area;
(F) describe a program for implementation of the management
plan, including--
(i) performance goals;
(ii) plans for resource protection, enhancement,
interpretation, funding, management, and development; and
(iii) specific commitments for implementation that have
been made by the local coordinating entity or any Federal,
State, tribal, or local government agency, organization,
business, or individual;
(G) include an analysis of, and recommendations for, ways
in which Federal, State, tribal, and local programs may best
be coordinated (including the role of the National Park
Service and other Federal agencies associated with the
Heritage Area) to further the purposes of this section; and
(H) include a business plan that--
(i) describes the role, operation, financing, and functions
of the local coordinating entity and of each of the major
activities described in the management plan; and
(ii) provides adequate assurances that the local
coordinating entity has the partnerships and financial and
other resources necessary to implement the management plan
for the Heritage Area.
(3) Termination of funding.--If the management plan is not
submitted to the Secretary by the date that is 3 years after
the date on which funds are first made available to develop
the management plan, the local coordinating entity shall not
qualify for additional financial assistance under this
section until the management plan is submitted to, and
approved by, the Secretary.
(4) Approval of management plan.--
(A) Review.--Not later than 180 days after the date on
which the Secretary receives the management plan, the
Secretary shall approve or disapprove the management plan.
(B) Consultation required.--The Secretary shall consult
with the Governor of the State in which the Heritage Area is
located before approving the management plan.
(C) Criteria for approval.--In determining whether to
approve the management plan, the Secretary shall consider
whether--
(i) the local coordinating entity represents the diverse
interests of the Heritage Area, including Federal, State,
tribal, and local governments, natural and historic resource
protection organizations, educational institutions,
businesses, community residents, recreational organizations,
and private property owners;
(ii) the local coordinating entity--
(I) has afforded adequate opportunity for public and
Federal, State, tribal, and local governmental involvement
(including through workshops and public meetings) in the
preparation of the management plan; and
(II) provides for at least semiannual public meetings to
ensure adequate implementation of the management plan;
(iii) the resource protection, enhancement, interpretation,
funding, management, and development strategies described in
the management plan, if implemented, would adequately
protect, enhance, interpret, fund, manage, and develop the
natural, historic, cultural, scenic, and recreational
resources of the Heritage Area;
(iv) the management plan would not adversely affect any
activities authorized on Federal land under applicable laws
or land use plans;
(v) the Secretary has received adequate assurances from the
appropriate State, tribal, and local officials whose support
is needed to ensure the effective implementation of the
State, tribal, and local aspects of the management plan;
(vi) the local coordinating entity has demonstrated the
financial capability, in partnership with others, to carry
out the management plan; and
(vii) the management plan demonstrates partnerships among
the local coordinating entity, Federal, State, tribal, and
local governments, regional planning organizations, nonprofit
organizations, and private sector parties for implementation
of the management plan.
(D) Disapproval.--
(i) In general.--If the Secretary disapproves the
management plan, the Secretary--
(I) shall advise the local coordinating entity in writing
of the reasons for the disapproval; and
(II) may make recommendations to the local coordinating
entity for revisions to the management plan.
(ii) Deadline.--Not later than 180 days after receiving a
revised management plan, the Secretary shall approve or
disapprove the revised management plan.
(E) Amendments.--
(i) In general.--An amendment to the management plan that
substantially alters the purposes of the Heritage Area shall
be reviewed by the Secretary and approved or disapproved in
the same manner as the original management plan.
(ii) Implementation.--The local coordinating entity shall
not use Federal funds authorized by this section to implement
an amendment to the management plan until the Secretary
approves the amendment.
(F) Authorities.--The Secretary may--
(i) provide technical assistance under the authority of
this section for the development and implementation of the
management plan; and
(ii) enter into cooperative agreements with interested
parties to carry out this section.
(f) Duties and Authorities of the Secretary.--
[[Page 8677]]
(1) Technical and financial assistance.--
(A) In general.--On the request of the local coordinating
entity, the Secretary may provide technical and financial
assistance, on a reimbursable or nonreimbursable basis (as
determined by the Secretary), to the local coordinating
entity to develop and implement the management plan.
(B) Cooperative agreements.--The Secretary may enter into
cooperative agreements with the local coordinating entity and
other public or private entities to provide technical or
financial assistance under subparagraph (A).
(2) Evaluation; report.--
(A) In general.--Not later than 3 years before the date on
which authority for Federal funding terminates for the
Heritage Area under subsection (j), the Secretary shall--
(i) conduct an evaluation of the accomplishments of the
Heritage Area; and
(ii) prepare a report with recommendations for the future
role of the National Park Service, if any, with respect to
the Heritage Area, in accordance with subparagraph (C).
(B) Evaluation.--An evaluation conducted under subparagraph
(A)(i) shall--
(i) assess the progress of the local coordinating entity
with respect to--
(I) accomplishing the purposes of this section for the
Heritage Area; and
(II) achieving the goals and objectives of the approved
management plan for the Heritage Area;
(ii) analyze the Federal, State, tribal, local, and private
investments in the Heritage Area to determine the leverage
and impact of the investments; and
(iii) review the management structure, partnership
relationships, and funding of the Heritage Area for purposes
of identifying the critical components for sustainability of
the Heritage Area.
(C) Report.--
(i) In general.--Based on the evaluation conducted under
subparagraph (A)(i), the Secretary shall prepare a report
that includes recommendations for the future role of the
National Park Service, if any, with respect to the Heritage
Area.
(ii) Required analysis.--If the report prepared under this
subparagraph recommends that Federal funding for the Heritage
Area be reauthorized, the report shall include an analysis
of--
(I) ways in which Federal funding for the Heritage Area may
be reduced or eliminated; and
(II) the appropriate time period necessary to achieve the
recommended reduction or elimination.
(iii) Submission to congress.--On completion of a report
under this subparagraph, the Secretary shall submit the
report to--
(I) the Committee on Energy and Natural Resources of the
Senate; and
(II) the Committee on Natural Resources of the House of
Representatives.
(g) Relationship to Other Federal Agencies.--
(1) In general.--Nothing in this section affects the
authority of a Federal agency to provide technical or
financial assistance under any other law.
(2) Consultation and coordination.--To the maximum extent
practicable, the head of any Federal agency planning to
conduct activities that may have an impact on the Heritage
Area is encouraged to consult and coordinate the activities
with the Secretary and the local coordinating entity to the
maximum extent practicable.
(3) Other federal agencies.--Nothing in this section--
(A) modifies, alters, or amends any laws (including
regulations) authorizing a Federal agency to manage Federal
land under the jurisdiction of the Federal agency;
(B) limits the discretion of a Federal land manager to
implement an approved land use plan within the boundaries of
the Heritage Area; or
(C) modifies, alters, or amends any authorized use of
Federal land under the jurisdiction of a Federal agency.
(h) Property Owners and Regulatory Protections.--Nothing in
this section--
(1) abridges the rights of any owner of public or private
property, including the right to refrain from participating
in any plan, project, program, or activity conducted within
the Heritage Area;
(2) requires any property owner to--
(A) permit public access (including Federal, tribal, State,
or local government access) to the property; or
(B) modify any provisions of Federal, tribal, State, or
local law with regard to public access or use of private
land;
(3) alters any duly adopted land use regulations, approved
land use plan, or any other regulatory authority of any
Federal, State, or local agency, or tribal government;
(4) conveys any land use or other regulatory authority to
the local coordinating entity;
(5) authorizes or implies the reservation or appropriation
of water or water rights;
(6) diminishes the authority of the State to manage fish
and wildlife, including the regulation of fishing and hunting
within the Heritage Area; or
(7) creates any liability, or affects any liability under
any other law, of any private property owner with respect to
any person injured on the private property.
(i) Authorization of Appropriations.--
(1) In general.--There is authorized to be appropriated to
carry out this section $10,000,000, of which not more than
$1,000,000 may be made available for any fiscal year.
(2) Availability.--Funds made available under paragraph (1)
shall remain available until expended.
(3) Cost-sharing requirement.--
(A) In general.--The Federal share of the total cost of any
activity under this section shall be not more than 50
percent.
(B) Form.--The non-Federal contribution may be in the form
of in-kind contributions of goods or services fairly valued.
(4) Use of federal funds from other sources.--Nothing in
this section precludes the local coordinating entity from
using Federal funds available under provisions of law other
than this section for the purposes for which those funds were
authorized.
(j) Termination of Effectiveness.--The authority of the
Secretary to provide financial assistance under this section
terminates on the date that is 15 years after the date of
enactment of this Act.
SEC. 8010. KENAI MOUNTAINS-TURNAGAIN ARM NATIONAL HERITAGE
AREA, ALASKA.
(a) Definitions.--In this section:
(1) Heritage area.--The term ``Heritage Area'' means the
Kenai Mountains-Turnagain Arm National Heritage Area
established by subsection (b)(1).
(2) Local coordinating entity.--The term ``local
coordinating entity'' means the Kenai Mountains-Turnagain Arm
Corridor Communities Association.
(3) Management plan.--The term ``management plan'' means
the plan prepared by the local coordinating entity for the
Heritage Area that specifies actions, policies, strategies,
performance goals, and recommendations to meet the goals of
the Heritage Area, in accordance with this section.
(4) Map.--The term ``map'' means the map entitled
``Proposed Kenai Mountains-Turnagain Arm NHA'' and dated
August 7, 2007.
(5) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(b) Designation of the Kenai Mountains-Turnagain Arm
National Heritage Area.--
(1) Establishment.--There is established the Kenai
Mountains-Turnagain Arm National Heritage Area.
(2) Boundaries.--The Heritage Area shall be comprised of
the land in the Kenai Mountains and upper Turnagain Arm
region, as generally depicted on the map.
(3) Availability of map.--The map shall be on file and
available for public inspection in--
(A) the appropriate offices of the Forest Service, Chugach
National Forest;
(B) the Alaska Regional Office of the National Park
Service; and
(C) the office of the Alaska State Historic Preservation
Officer.
(c) Management Plan.--
(1) Local coordinating entity.--The local coordinating
entity, in partnership with other interested parties, shall
develop a management plan for the Heritage Area in accordance
with this section.
(2) Requirements.--The management plan for the Heritage
Area shall--
(A) describe comprehensive policies, goals, strategies, and
recommendations for use in--
(i) telling the story of the heritage of the area covered
by the Heritage Area; and
(ii) encouraging long-term resource protection,
enhancement, interpretation, funding, management, and
development of the Heritage Area;
(B) include a description of actions and commitments that
the Federal Government, State, tribal, and local governments,
private organizations, and citizens will take to protect,
enhance, interpret, fund, manage, and develop the natural,
historical, cultural, educational, scenic, and recreational
resources of the Heritage Area;
(C) specify existing and potential sources of funding or
economic development strategies to protect, enhance,
interpret, fund, manage, and develop the Heritage Area;
(D) include an inventory of the natural, historical,
cultural, educational, scenic, and recreational resources of
the Heritage Area relating to the national importance and
themes of the Heritage Area that should be protected,
enhanced, interpreted, managed, funded, and developed;
(E) recommend policies and strategies for resource
management, including the development of intergovernmental
and interagency agreements to protect, enhance, interpret,
fund, manage, and develop the natural, historical, cultural,
educational, scenic, and recreational resources of the
Heritage Area;
(F) describe a program for implementation for the
management plan, including--
(i) performance goals;
(ii) plans for resource protection, enhancement,
interpretation, funding, management, and development; and
(iii) specific commitments for implementation that have
been made by the local coordinating entity or any Federal,
State, tribal, or local government agency, organization,
business, or individual;
(G) include an analysis of, and recommendations for, means
by which Federal, State, tribal, and local programs may best
be coordinated (including the role of the National Park
Service, the Forest Service, and other Federal agencies
associated with the Heritage Area) to further the purposes of
this section; and
(H) include a business plan that--
(i) describes the role, operation, financing, and functions
of the local coordinating entity and each of the major
activities contained in the management plan; and
(ii) provides adequate assurances that the local
coordinating entity has the partnerships
[[Page 8678]]
and financial and other resources necessary to implement the
management plan for the Heritage Area.
(3) Deadline.--
(A) In general.--Not later than 3 years after the date on
which funds are first made available to develop the
management plan after the date of enactment of this Act, the
local coordinating entity shall submit the management plan to
the Secretary for approval.
(B) Termination of funding.--If the management plan is not
submitted to the Secretary in accordance with subparagraph
(A), the local coordinating entity shall not qualify for any
additional financial assistance under this section until such
time as the management plan is submitted to and approved by
the Secretary.
(4) Approval of management plan.--
(A) Review.--Not later than 180 days after receiving the
management plan under paragraph (3), the Secretary shall
review and approve or disapprove the management plan for a
Heritage Area on the basis of the criteria established under
subparagraph (C).
(B) Consultation.--The Secretary shall consult with the
Governor of the State in which the Heritage Area is located
before approving a management plan for the Heritage Area.
(C) Criteria for approval.--In determining whether to
approve a management plan for the Heritage Area, the
Secretary shall consider whether--
(i) the local coordinating entity represents the diverse
interests of the Heritage Area, including the Federal
Government, State, tribal, and local governments, natural and
historical resource protection organizations, educational
institutions, businesses, recreational organizations,
community residents, and private property owners;
(ii) the local coordinating entity--
(I) has afforded adequate opportunity for public and
Federal, State, tribal, and local governmental involvement
(including through workshops and hearings) in the preparation
of the management plan; and
(II) provides for at least semiannual public meetings to
ensure adequate implementation of the management plan;
(iii) the resource protection, enhancement, interpretation,
funding, management, and development strategies described in
the management plan, if implemented, would adequately
protect, enhance, interpret, fund, manage, and develop the
natural, historical, cultural, educational, scenic, and
recreational resources of the Heritage Area;
(iv) the management plan would not adversely affect any
activities authorized on Federal land under public land laws
or land use plans;
(v) the local coordinating entity has demonstrated the
financial capability, in partnership with other interested
parties, to carry out the plan;
(vi) the Secretary has received adequate assurances from
the appropriate State, tribal, and local officials whose
support is needed to ensure the effective implementation of
the State, tribal, and local elements of the management plan;
and
(vii) the management plan demonstrates partnerships among
the local coordinating entity, Federal Government, State,
tribal, and local governments, regional planning
organizations, nonprofit organizations, or private sector
parties for implementation of the management plan.
(D) Disapproval.--
(i) In general.--If the Secretary disapproves the
management plan, the Secretary--
(I) shall advise the local coordinating entity in writing
of the reasons for the disapproval; and
(II) may make recommendations to the local coordinating
entity for revisions to the management plan.
(ii) Deadline.--Not later than 180 days after receiving a
revised management plan, the Secretary shall approve or
disapprove the revised management plan.
(E) Amendments.--
(i) In general.--An amendment to the management plan that
substantially alters the purposes of the Heritage Area shall
be reviewed by the Secretary and approved or disapproved in
the same manner as the original management plan.
(ii) Implementation.--The local coordinating entity shall
not use Federal funds authorized by this section to implement
an amendment to the management plan until the Secretary
approves the amendment.
(F) Authorities.--The Secretary may--
(i) provide technical assistance under the authority of
this section for the development and implementation of the
management plan; and
(ii) enter into cooperative agreements with interested
parties to carry out this section.
(d) Evaluation; Report.--
(1) In general.--Not later than 3 years before the date on
which authority for Federal funding terminates for the
Heritage Area under this section, the Secretary shall--
(A) conduct an evaluation of the accomplishments of the
Heritage Area; and
(B) prepare a report in accordance with paragraph (3).
(2) Evaluation.--An evaluation conducted under paragraph
(1)(A) shall--
(A) assess the progress of the local coordinating entity
with respect to--
(i) accomplishing the purposes of the authorizing
legislation for the Heritage Area; and
(ii) achieving the goals and objectives of the approved
management plan for the Heritage Area;
(B) analyze the Federal, State, tribal, local, and private
investments in the Heritage Area to determine the impact of
the investments; and
(C) review the management structure, partnership
relationships, and funding of the Heritage Area for purposes
of identifying the critical components for sustainability of
the Heritage Area.
(3) Report.--Based on the evaluation conducted under
paragraph (1)(A), the Secretary shall submit to the Committee
on Energy and Natural Resources of the Senate and the
Committee on Natural Resources of the House of
Representatives a report that includes recommendations for
the future role of the National Park Service, if any, with
respect to the Heritage Area.
(e) Local Coordinating Entity.--
(1) Duties.--To further the purposes of the Heritage Area,
in addition to developing the management plan for the
Heritage Area under subsection (c), the local coordinating
entity shall--
(A) serve to facilitate and expedite the implementation of
projects and programs among diverse partners in the Heritage
Area;
(B) submit an annual report to the Secretary for each
fiscal year for which the local coordinating entity receives
Federal funds under this section, specifying--
(i) the specific performance goals and accomplishments of
the local coordinating entity;
(ii) the expenses and income of the local coordinating
entity;
(iii) the amounts and sources of matching funds;
(iv) the amounts leveraged with Federal funds and sources
of the leveraging; and
(v) grants made to any other entities during the fiscal
year;
(C) make available for audit for each fiscal year for which
the local coordinating entity receives Federal funds under
this section, all information pertaining to the expenditure
of the funds and any matching funds; and
(D) encourage economic viability and sustainability that is
consistent with the purposes of the Heritage Area.
(2) Authorities.--For the purpose of preparing and
implementing the approved management plan for the Heritage
Area under subsection (c), the local coordinating entity may
use Federal funds made available under this section--
(A) to make grants to political jurisdictions, nonprofit
organizations, and other parties within the Heritage Area;
(B) to enter into cooperative agreements with or provide
technical assistance to political jurisdictions, nonprofit
organizations, Federal agencies, and other interested
parties;
(C) to hire and compensate staff, including individuals
with expertise in--
(i) natural, historical, cultural, educational, scenic, and
recreational resource conservation;
(ii) economic and community development; and
(iii) heritage planning;
(D) to obtain funds or services from any source, including
other Federal programs;
(E) to enter into contracts for goods or services; and
(F) to support activities of partners and any other
activities that further the purposes of the Heritage Area and
are consistent with the approved management plan.
(3) Prohibition on acquisition of real property.--The local
coordinating entity may not use Federal funds authorized
under this section to acquire any interest in real property.
(f) Relationship to Other Federal Agencies.--
(1) In general.--Nothing in this section affects the
authority of a Federal agency to provide technical or
financial assistance under any other provision of law.
(2) Consultation and coordination.--The head of any Federal
agency planning to conduct activities that may have an impact
on a Heritage Area is encouraged to consult and coordinate
the activities with the Secretary and the local coordinating
entity, to the maximum extent practicable.
(3) Other federal agencies.--Nothing in this section--
(A) modifies, alters, or amends any law (including a
regulation) authorizing a Federal agency to manage Federal
land under the jurisdiction of the Federal agency;
(B) limits the discretion of a Federal land manager to
implement an approved land use plan within the boundaries of
a Heritage Area; or
(C) modifies, alters, or amends any authorized use of
Federal land under the jurisdiction of a Federal agency.
(g) Private Property and Regulatory Protections.--Nothing
in this section--
(1) abridges the rights of any property owner (whether
public or private), including the right to refrain from
participating in any plan, project, program, or activity
conducted within the Heritage Area;
(2) requires any property owner to permit public access
(including access by Federal, State, tribal, or local
agencies) to the property of the property owner, or to modify
public access or use of property of the property owner under
any other Federal, State, tribal, or local law;
(3) alters any duly adopted land use regulation, approved
land use plan, or other regulatory authority (such as the
authority to make safety improvements or increase the
capacity of existing roads or to construct new roads) of any
Federal, State, tribal, or local agency, or conveys any land
use or other regulatory authority to any local coordinating
entity, including development and management of energy or
water or water-related infrastructure;
[[Page 8679]]
(4) authorizes or implies the reservation or appropriation
of water or water rights;
(5) diminishes the authority of any State to manage fish
and wildlife, including the regulation of fishing and hunting
within the Heritage Area; or
(6) creates any liability, or affects any liability under
any other law, of any private property owner with respect to
any person injured on the private property.
(h) Funding.--
(1) Authorization of appropriations.--Subject to paragraph
(2), there is authorized to be appropriated to carry out this
section $1,000,000 for each fiscal year, to remain available
until expended.
(2) Limitation on total amounts appropriated.--Not more
than a total of $10,000,000 may be made available to carry
out this section.
(3) Cost-sharing.--
(A) In general.--The Federal share of the total cost of any
activity carried out under this section shall not exceed 50
percent.
(B) Form of non-federal share.--The non-Federal share of
the cost of any activity carried out under this section may
be provided in the form of in-kind contributions of goods or
services fairly valued.
(i) Termination of Authority.--The authority of the
Secretary to provide financial assistance under this section
terminates on the date that is 15 years after the date of
enactment of this Act.
Subtitle B--Studies
SEC. 8101. CHATTAHOOCHEE TRACE, ALABAMA AND GEORGIA.
(a) Definitions.--In this section:
(1) Corridor.--The term ``Corridor'' means the
Chattahoochee Trace National Heritage Corridor.
(2) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(3) Study area.--The term ``study area'' means the study
area described in subsection (b)(2).
(b) Study.--
(1) In general.--The Secretary, in consultation with State
historic preservation officers, State historical societies,
State tourism offices, and other appropriate organizations or
agencies, shall conduct a study to assess the suitability and
feasibility of designating the study area as the
Chattahoochee Trace National Heritage Corridor.
(2) Study area.--The study area includes--
(A) the portion of the Apalachicola-Chattahoochee-Flint
River Basin and surrounding areas, as generally depicted on
the map entitled ``Chattahoochee Trace National Heritage
Corridor, Alabama/Georgia'', numbered T05/80000, and dated
July 2007; and
(B) any other areas in the State of Alabama or Georgia
that--
(i) have heritage aspects that are similar to the areas
depicted on the map described in subparagraph (A); and
(ii) are adjacent to, or in the vicinity of, those areas.
(3) Requirements.--The study shall include analysis,
documentation, and determinations on whether the study area--
(A) has an assemblage of natural, historic, and cultural
resources that--
(i) represent distinctive aspects of the heritage of the
United States;
(ii) are worthy of recognition, conservation,
interpretation, and continuing use; and
(iii) would be best managed--
(I) through partnerships among public and private entities;
and
(II) by linking diverse and sometimes noncontiguous
resources and active communities;
(B) reflects traditions, customs, beliefs, and folklife
that are a valuable part of the story of the United States;
(C) provides--
(i) outstanding opportunities to conserve natural,
historic, cultural, or scenic features; and
(ii) outstanding recreational and educational
opportunities;
(D) contains resources that--
(i) are important to any identified themes of the study
area; and
(ii) retain a degree of integrity capable of supporting
interpretation;
(E) includes residents, business interests, nonprofit
organizations, and State and local governments that--
(i) are involved in the planning of the Corridor;
(ii) have developed a conceptual financial plan that
outlines the roles of all participants in the Corridor,
including the Federal Government; and
(iii) have demonstrated support for the designation of the
Corridor;
(F) has a potential management entity to work in
partnership with the individuals and entities described in
subparagraph (E) to develop the Corridor while encouraging
State and local economic activity; and
(G) has a conceptual boundary map that is supported by the
public.
(c) Report.--Not later than the 3rd fiscal year after the
date on which funds are first made available to carry out
this section, the Secretary shall submit to the Committee on
Natural Resources of the House of Representatives and the
Committee on Energy and Natural Resources of the Senate a
report that describes--
(1) the findings of the study; and
(2) any conclusions and recommendations of the Secretary.
SEC. 8102. NORTHERN NECK, VIRGINIA.
(a) Definitions.--In this section:
(1) Proposed heritage area.--The term ``proposed Heritage
Area'' means the proposed Northern Neck National Heritage
Area.
(2) State.--The term ``State'' means the State of Virginia.
(3) Study area.--The term ``study area'' means the area
that is comprised of--
(A) the area of land located between the Potomac and
Rappahannock rivers of the eastern coastal region of the
State;
(B) Westmoreland, Northumberland, Richmond, King George,
and Lancaster Counties of the State; and
(C) any other area that--
(i) has heritage aspects that are similar to the heritage
aspects of the areas described in subparagraph (A) or (B);
and
(ii) is located adjacent to, or in the vicinity of, those
areas.
(b) Study.--
(1) In general.--In accordance with paragraphs (2) and (3),
the Secretary, in consultation with appropriate State
historic preservation officers, State historical societies,
and other appropriate organizations, shall conduct a study to
determine the suitability and feasibility of designating the
study area as the Northern Neck National Heritage Area.
(2) Requirements.--The study shall include analysis,
documentation, and determinations on whether the study area--
(A) has an assemblage of natural, historical, cultural,
educational, scenic, or recreational resources that together
are nationally important to the heritage of the United
States;
(B) represents distinctive aspects of the heritage of the
United States worthy of recognition, conservation,
interpretation, and continuing use;
(C) is best managed as such an assemblage through
partnerships among public and private entities at the local
or regional level;
(D) reflects traditions, customs, beliefs, and folklife
that are a valuable part of the heritage of the United
States;
(E) provides outstanding opportunities to conserve natural,
historical, cultural, or scenic features;
(F) provides outstanding recreational or educational
opportunities;
(G) contains resources and has traditional uses that have
national importance;
(H) includes residents, business interests, nonprofit
organizations, and appropriate Federal agencies and State and
local governments that are involved in the planning of, and
have demonstrated significant support for, the designation
and management of the proposed Heritage Area;
(I) has a proposed local coordinating entity that is
responsible for preparing and implementing the management
plan developed for the proposed Heritage Area;
(J) with respect to the designation of the study area, has
the support of the proposed local coordinating entity and
appropriate Federal agencies and State and local governments,
each of which has documented the commitment of the entity to
work in partnership with each other entity to protect,
enhance, interpret, fund, manage, and develop the resources
located in the study area;
(K) through the proposed local coordinating entity, has
developed a conceptual financial plan that outlines the roles
of all participants (including the Federal Government) in the
management of the proposed Heritage Area;
(L) has a proposal that is consistent with continued
economic activity within the area; and
(M) has a conceptual boundary map that is supported by the
public and appropriate Federal agencies.
(3) Additional consultation requirement.--In conducting the
study under paragraph (1), the Secretary shall--
(A) consult with the managers of any Federal land located
within the study area; and
(B) before making any determination with respect to the
designation of the study area, secure the concurrence of each
manager with respect to each finding of the study.
(c) Determination.--
(1) In general.--The Secretary, in consultation with the
Governor of the State, shall review, comment on, and
determine if the study area meets each requirement described
in subsection (b)(2) for designation as a national heritage
area.
(2) Report.--
(A) In general.--Not later than 3 fiscal years after the
date on which funds are first made available to carry out the
study, the Secretary shall submit a report describing the
findings, conclusions, and recommendations of the study to--
(i) the Committee on Energy and Natural Resources of the
Senate; and
(ii) the Committee on Natural Resources of the House of
Representatives.
(B) Requirements.--
(i) In general.--The report shall contain--
(I) any comments that the Secretary has received from the
Governor of the State relating to the designation of the
study area as a national heritage area; and
(II) a finding as to whether the study area meets each
requirement described in subsection (b)(2) for designation as
a national heritage area.
(ii) Disapproval.--If the Secretary determines that the
study area does not meet any requirement described in
subsection (b)(2) for designation as a national heritage
area, the Secretary shall include in the report a description
of each reason for the determination.
[[Page 8680]]
Subtitle C--Amendments Relating to National Heritage Corridors
SEC. 8201. QUINEBAUG AND SHETUCKET RIVERS VALLEY NATIONAL
HERITAGE CORRIDOR.
(a) Termination of Authority.--Section 106(b) of the
Quinebaug and Shetucket Rivers Valley National Heritage
Corridor Act of 1994 (16 U.S.C. 461 note; Public Law 103-449)
is amended by striking ``September 30, 2009'' and inserting
``September 30, 2015''.
(b) Evaluation; Report.--Section 106 of the Quinebaug and
Shetucket Rivers Valley National Heritage Corridor Act of
1994 (16 U.S.C. 461 note; Public Law 103-449) is amended by
adding at the end the following:
``(c) Evaluation; Report.--
``(1) In general.--Not later than 3 years before the date
on which authority for Federal funding terminates for the
Corridor, the Secretary shall--
``(A) conduct an evaluation of the accomplishments of the
Corridor; and
``(B) prepare a report in accordance with paragraph (3).
``(2) Evaluation.--An evaluation conducted under paragraph
(1)(A) shall--
``(A) assess the progress of the management entity with
respect to--
``(i) accomplishing the purposes of this title for the
Corridor; and
``(ii) achieving the goals and objectives of the management
plan for the Corridor;
``(B) analyze the Federal, State, local, and private
investments in the Corridor to determine the leverage and
impact of the investments; and
``(C) review the management structure, partnership
relationships, and funding of the Corridor for purposes of
identifying the critical components for sustainability of the
Corridor.
``(3) Report.--
``(A) In general.--Based on the evaluation conducted under
paragraph (1)(A), the Secretary shall prepare a report that
includes recommendations for the future role of the National
Park Service, if any, with respect to the Corridor.
``(B) Required analysis.--If the report prepared under
subparagraph (A) recommends that Federal funding for the
Corridor be reauthorized, the report shall include an
analysis of--
``(i) ways in which Federal funding for the Corridor may be
reduced or eliminated; and
``(ii) the appropriate time period necessary to achieve the
recommended reduction or elimination.
``(C) Submission to congress.--On completion of the report,
the Secretary shall submit the report to--
``(i) the Committee on Energy and Natural Resources of the
Senate; and
``(ii) the Committee on Natural Resources of the House of
Representatives.''.
(c) Authorization of Appropriations.--Section 109(a) of the
Quinebaug and Shetucket Rivers Valley National Heritage
Corridor Act of 1994 (16 U.S.C. 461 note; Public Law 103-449)
is amended by striking ``$10,000,000'' and inserting
``$15,000,000''.
SEC. 8202. DELAWARE AND LEHIGH NATIONAL HERITAGE CORRIDOR.
The Delaware and Lehigh National Heritage Corridor Act of
1988 (16 U.S.C. 461 note; Public Law 100-692) is amended--
(1) in section 9--
(A) by striking ``The Commission'' and inserting the
following:
``(a) In General.--The Commission''; and
(B) by adding at the end the following:
``(b) Corporation as Local Coordinating Entity.--Beginning
on the date of enactment of the Omnibus Public Land
Management Act of 2009, the Corporation shall be the local
coordinating entity for the Corridor.
``(c) Implementation of Management Plan.--The Corporation
shall assume the duties of the Commission for the
implementation of the Plan.
``(d) Use of Funds.--The Corporation may use Federal funds
made available under this Act--
``(1) to make grants to, and enter into cooperative
agreements with, the Federal Government, the Commonwealth,
political subdivisions of the Commonwealth, nonprofit
organizations, and individuals;
``(2) to hire, train, and compensate staff; and
``(3) to enter into contracts for goods and services.
``(e) Restriction on Use of Funds.--The Corporation may not
use Federal funds made available under this Act to acquire
land or an interest in land.'';
(2) in section 10--
(A) in the first sentence of subsection (c), by striking
``shall assist the Commission'' and inserting ``shall, on the
request of the Corporation, assist'';
(B) in subsection (d)--
(i) by striking ``Commission'' each place it appears and
inserting ``Corporation'';
(ii) by striking ``The Secretary'' and inserting the
following:
``(1) In general.--The Secretary''; and
(iii) by adding at the end the following:
``(2) Cooperative agreements.--The Secretary may enter into
cooperative agreements with the Corporation and other public
or private entities for the purpose of providing technical
assistance and grants under paragraph (1).
``(3) Priority.--In providing assistance to the Corporation
under paragraph (1), the Secretary shall give priority to
activities that assist in--
``(A) conserving the significant natural, historic,
cultural, and scenic resources of the Corridor; and
``(B) providing educational, interpretive, and recreational
opportunities consistent with the purposes of the
Corridor.''; and
(C) by adding at the end the following:
``(e) Transition Memorandum of Understanding.--The
Secretary shall enter into a memorandum of understanding with
the Corporation to ensure--
``(1) appropriate transition of management of the Corridor
from the Commission to the Corporation; and
``(2) coordination regarding the implementation of the
Plan.'';
(3) in section 11, in the matter preceding paragraph (1),
by striking ``directly affecting'';
(4) in section 12--
(A) in subsection (a), by striking ``Commission'' each
place it appears and inserting ``Corporation'';
(B) in subsection (c)(1), by striking ``2007'' and
inserting ``2012''; and
(C) by adding at the end the following:
``(d) Termination of Assistance.--The authority of the
Secretary to provide financial assistance under this Act
terminates on the date that is 5 years after the date of
enactment of this subsection.''; and
(5) in section 14--
(A) by redesignating paragraphs (4), (5), and (6) as
paragraphs (5), (6), and (7), respectively; and
(B) by inserting after paragraph (3) the following:
``(4) the term `Corporation' means the Delaware & Lehigh
National Heritage Corridor, Incorporated, an organization
described in section 501(c)(3), and exempt from Federal tax
under section 501(a), of the Internal Revenue Code of
1986;''.
SEC. 8203. ERIE CANALWAY NATIONAL HERITAGE CORRIDOR.
The Erie Canalway National Heritage Corridor Act (16 U.S.C.
461 note; Public Law 106-554) is amended--
(1) in section 804--
(A) in subsection (b)--
(i) in the matter preceding paragraph (1), by striking
``27'' and inserting ``at least 21 members, but not more than
27'';
(ii) in paragraph (2), by striking ``Environment'' and
inserting ``Environmental''; and
(iii) in paragraph (3)--
(I) in the matter preceding subparagraph (A), by striking
``19'';
(II) by striking subparagraph (A);
(III) by redesignating subparagraphs (B) and (C) as
subparagraphs (A) and (B), respectively;
(IV) in subparagraph (B) (as redesignated by subclause
(III)), by striking the second sentence; and
(V) by inserting after subparagraph (B) (as redesignated by
subclause (III)) the following:
``(C) The remaining members shall be--
``(i) appointed by the Secretary, based on recommendations
from each member of the House of Representatives, the
district of which encompasses the Corridor; and
``(ii) persons that are residents of, or employed within,
the applicable congressional districts.'';
(B) in subsection (f), by striking ``Fourteen members of
the Commission'' and inserting ``A majority of the serving
Commissioners'';
(C) in subsection (g), by striking ``14 of its members''
and inserting ``a majority of the serving Commissioners'';
(D) in subsection (h), by striking paragraph (4) and
inserting the following:
``(4)(A) to appoint any staff that may be necessary to
carry out the duties of the Commission, subject to the
provisions of title 5, United States Code, relating to
appointments in the competitive service; and
``(B) to fix the compensation of the staff, in accordance
with the provisions of chapter 51 and subchapter III of
chapter 53 of title 5, United States Code, relating to the
classification of positions and General Schedule pay
rates;''; and
(E) in subsection (j), by striking ``10 years'' and
inserting ``15 years'';
(2) in section 807--
(A) in subsection (e), by striking ``with regard to the
preparation and approval of the Canalway Plan''; and
(B) by adding at the end the following:
``(f) Operational Assistance.--Subject to the availability
of appropriations, the Superintendent of Saratoga National
Historical Park may, on request, provide to public and
private organizations in the Corridor (including the
Commission) any operational assistance that is appropriate to
assist with the implementation of the Canalway Plan.''; and
(3) in section 810(a)(1), in the first sentence, by
striking ``any fiscal year'' and inserting ``any fiscal year,
to remain available until expended''.
SEC. 8204. JOHN H. CHAFEE BLACKSTONE RIVER VALLEY NATIONAL
HERITAGE CORRIDOR.
Section 3(b)(2) of Public Law 99-647 (16 U.S.C. 461 note;
100 Stat. 3626, 120 Stat. 1857) is amended--
(1) by striking ``shall be the the'' and inserting ``shall
be the''; and
(2) by striking ``Directors from Massachusetts and Rhode
Island;'' and inserting ``Directors from Massachusetts and
Rhode Island, ex officio, or their delegates;''.
Subtitle D--Effect of Title
SEC. 8301. EFFECT ON ACCESS FOR RECREATIONAL ACTIVITIES.
Nothing in this title shall be construed as affecting
access for recreational activities otherwise allowed by law
or regulation, including hunting, fishing, or trapping.
[[Page 8681]]
TITLE IX--BUREAU OF RECLAMATION AUTHORIZATIONS
Subtitle A--Feasibility Studies
SEC. 9001. SNAKE, BOISE, AND PAYETTE RIVER SYSTEMS, IDAHO.
(a) In General.--The Secretary of the Interior, acting
through the Bureau of Reclamation, may conduct feasibility
studies on projects that address water shortages within the
Snake, Boise, and Payette River systems in the State of
Idaho, and are considered appropriate for further study by
the Bureau of Reclamation Boise Payette water storage
assessment report issued during 2006.
(b) Bureau of Reclamation.--A study conducted under this
section shall comply with Bureau of Reclamation policy
standards and guidelines for studies.
(c) Authorization of Appropriations.--There is authorized
to be appropriated to the Secretary of the Interior to carry
out this section $3,000,000.
(d) Termination of Effectiveness.--The authority provided
by this section terminates on the date that is 10 years after
the date of enactment of this Act.
SEC. 9002. SIERRA VISTA SUBWATERSHED, ARIZONA.
(a) Definitions.--In this section:
(1) Appraisal report.--The term ``appraisal report'' means
the appraisal report concerning the augmentation alternatives
for the Sierra Vista Subwatershed in the State of Arizona,
dated June 2007 and prepared by the Bureau of Reclamation.
(2) Principles and guidelines.--The term ``principles and
guidelines'' means the report entitled ``Economic and
Environmental Principles and Guidelines for Water and Related
Land Resources Implementation Studies'' issued on March 10,
1983, by the Water Resources Council established under title
I of the Water Resources Planning Act (42 U.S.C. 1962a et
seq.).
(3) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(b) Sierra Vista Subwatershed Feasibility Study.--
(1) Study.--
(A) In general.--In accordance with the reclamation laws
and the principles and guidelines, the Secretary, acting
through the Commissioner of Reclamation, may complete a
feasibility study of alternatives to augment the water
supplies within the Sierra Vista Subwatershed in the State of
Arizona that are identified as appropriate for further study
in the appraisal report.
(B) Inclusions.--In evaluating the feasibility of
alternatives under subparagraph (A), the Secretary shall--
(i) include--
(I) any required environmental reviews;
(II) the construction costs and projected operations,
maintenance, and replacement costs for each alternative; and
(III) the economic feasibility of each alternative;
(ii) take into consideration the ability of Federal,
tribal, State, and local government sources and private
sources to fund capital construction costs and annual
operation, maintenance, energy, and replacement costs;
(iii) establish the basis for--
(I) any cost-sharing allocations; and
(II) anticipated repayment, if any, of Federal
contributions; and
(iv) perform a cost-benefit analysis.
(2) Cost sharing requirement.--
(A) In general.--The Federal share of the total costs of
the study under paragraph (1) shall not exceed 45 percent.
(B) Form of non-federal share.--The non-Federal share
required under subparagraph (A) may be in the form of any in-
kind service that the Secretary determines would contribute
substantially toward the conduct and completion of the study
under paragraph (1).
(3) Statement of congressional intent relating to
completion of study.--It is the intent of Congress that the
Secretary complete the study under paragraph (1) by a date
that is not later than 30 months after the date of enactment
of this Act.
(4) Authorization of appropriations.--There is authorized
to be appropriated to the Secretary to carry out this
subsection $1,260,000.
(c) Water Rights.--Nothing in this section affects--
(1) any valid or vested water right in existence on the
date of enactment of this Act; or
(2) any application for water rights pending before the
date of enactment of this Act.
SEC. 9003. SAN DIEGO INTERTIE, CALIFORNIA.
(a) Feasibility Study, Project Development, Cost Share.--
(1) In general.--The Secretary of the Interior (hereinafter
referred to as ``Secretary''), in consultation and
cooperation with the City of San Diego and the Sweetwater
Authority, is authorized to undertake a study to determine
the feasibility of constructing a four reservoir intertie
system to improve water storage opportunities, water supply
reliability, and water yield of the existing non-Federal
water storage system. The feasibility study shall document
the Secretary's engineering, environmental, and economic
investigation of the proposed reservoir and intertie project
taking into consideration the range of potential solutions
and the circumstances and needs of the area to be served by
the proposed reservoir and intertie project, the potential
benefits to the people of that service area, and improved
operations of the proposed reservoir and intertie system. The
Secretary shall indicate in the feasibility report required
under paragraph (4) whether the proposed reservoir and
intertie project is recommended for construction.
(2) Federal cost share.--The Federal share of the costs of
the feasibility study shall not exceed 50 percent of the
total study costs. The Secretary may accept as part of the
non-Federal cost share, any contribution of such in-kind
services by the City of San Diego and the Sweetwater
Authority that the Secretary determines will contribute
toward the conduct and completion of the study.
(3) Cooperation.--The Secretary shall consult and cooperate
with appropriate State, regional, and local authorities in
implementing this subsection.
(4) Feasibility report.--The Secretary shall submit to
Congress a feasibility report for the project the Secretary
recommends, and to seek, as the Secretary deems appropriate,
specific authority to develop and construct any recommended
project. This report shall include--
(A) good faith letters of intent by the City of San Diego
and the Sweetwater Authority and its non-Federal partners to
indicate that they have committed to share the allocated
costs as determined by the Secretary; and
(B) a schedule identifying the annual operation,
maintenance, and replacement costs that should be allocated
to the City of San Diego and the Sweetwater Authority, as
well as the current and expected financial capability to pay
operation, maintenance, and replacement costs.
(b) Federal Reclamation Projects.--Nothing in this section
shall supersede or amend the provisions of Federal
Reclamation laws or laws associated with any project or any
portion of any project constructed under any authority of
Federal Reclamation laws.
(c) Authorization of Appropriations.--There is authorized
to be appropriated to the Secretary $3,000,000 for the
Federal cost share of the study authorized in subsection (a).
(d) Sunset.--The authority of the Secretary to carry out
any provisions of this section shall terminate 10 years after
the date of the enactment of this Act.
Subtitle B--Project Authorizations
SEC. 9101. TUMALO IRRIGATION DISTRICT WATER CONSERVATION
PROJECT, OREGON.
(a) Definitions.--In this section:
(1) District.--The term ``District'' means the Tumalo
Irrigation District, Oregon.
(2) Project.--The term ``Project'' means the Tumalo
Irrigation District Water Conservation Project authorized
under subsection (b)(1).
(3) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(b) Authorization To Plan, Design and Construct the Tumalo
Water Conservation Project.--
(1) Authorization.--The Secretary, in cooperation with the
District--
(A) may participate in the planning, design, and
construction of the Tumalo Irrigation District Water
Conservation Project in Deschutes County, Oregon; and
(B) for purposes of planning and designing the Project,
shall take into account any appropriate studies and reports
prepared by the District.
(2) Cost-sharing requirement.--
(A) Federal share.--The Federal share of the total cost of
the Project shall be 25 percent, which shall be
nonreimbursable to the United States.
(B) Credit toward non-federal share.--The Secretary shall
credit toward the non-Federal share of the Project any
amounts that the District provides toward the design,
planning, and construction before the date of enactment of
this Act.
(3) Title.--The District shall hold title to any facilities
constructed under this section.
(4) Operation and maintenance costs.--The District shall
pay the operation and maintenance costs of the Project.
(5) Effect.--Any assistance provided under this section
shall not be considered to be a supplemental or additional
benefit under Federal reclamation law (the Act of June 17,
1902 (32 Stat. 388, chapter 1093), and Acts supplemental to
and amendatory of that Act (43 U.S.C. 371 et seq.).
(c) Authorization of Appropriations.--There is authorized
to be appropriated to the Secretary for the Federal share of
the cost of the Project $4,000,000.
(d) Termination of Authority.--The authority of the
Secretary to carry out this section shall expire on the date
that is 10 years after the date of enactment of this Act.
SEC. 9102. MADERA WATER SUPPLY ENHANCEMENT PROJECT,
CALIFORNIA.
(a) Definitions.--In this section:
(1) District.--The term ``District'' means the Madera
Irrigation District, Madera, California.
(2) Project.--The term ``Project'' means the Madera Water
Supply Enhancement Project, a groundwater bank on the 13,646-
acre Madera Ranch in Madera, California, owned, operated,
maintained, and managed by the District that will plan,
design, and construct recharge, recovery, and delivery
systems able to store up to 250,000 acre-feet of water and
recover up to 55,000 acre-feet of water per year, as
substantially described in the California Environmental
Quality Act, Final Environmental Impact Report for the Madera
Irrigation District Water Supply Enhancement Project,
September 2005.
(3) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(4) Total cost.--The term ``total cost'' means all
reasonable costs, such as the planning, design, permitting,
and construction of the Project and the acquisition costs of
lands used or acquired by the District for the Project.
(b) Project Feasibility.--
(1) Project feasible.--Pursuant to the Reclamation Act of
1902 (32 Stat. 388) and Acts
[[Page 8682]]
amendatory thereof and supplemental thereto, the Project is
feasible and no further studies or actions regarding
feasibility are necessary.
(2) Applicability of other laws.--The Secretary shall
implement the authority provided in this section in
accordance with all applicable Federal laws, including the
National Environmental Policy Act of 1969 (42 U.S.C. 4321 et
seq.) and the Endangered Species Act of 1973 (7 U.S.C. 136;
16 U.S.C. 460 et seq.).
(c) Cooperative Agreement.--All final planning and design
and the construction of the Project authorized by this
section shall be undertaken in accordance with a cooperative
agreement between the Secretary and the District for the
Project. Such cooperative agreement shall set forth in a
manner acceptable to the Secretary and the District the
responsibilities of the District for participating, which
shall include--
(1) engineering and design;
(2) construction; and
(3) the administration of contracts pertaining to any of
the foregoing.
(d) Authorization for the Madera Water Supply and
Enhancement Project.--
(1) Authorization of construction.--The Secretary, acting
pursuant to the Federal reclamation laws (Act of June 17,
1902; 32 Stat. 388), and Acts amendatory thereof or
supplementary thereto, is authorized to enter into a
cooperative agreement through the Bureau of Reclamation with
the District for the support of the final design and
construction of the Project.
(2) Total cost.--The total cost of the Project for the
purposes of determining the Federal cost share shall not
exceed $90,000,000.
(3) Cost share.--The Federal share of the capital costs of
the Project shall be provided on a nonreimbursable basis and
shall not exceed 25 percent of the total cost. Capital,
planning, design, permitting, construction, and land
acquisition costs incurred by the District prior to the date
of the enactment of this Act shall be considered a portion of
the non-Federal cost share.
(4) Credit for non-federal work.--The District shall
receive credit toward the non-Federal share of the cost of
the Project for--
(A) in-kind services that the Secretary determines would
contribute substantially toward the completion of the
project;
(B) reasonable costs incurred by the District as a result
of participation in the planning, design, permitting, and
construction of the Project; and
(C) the acquisition costs of lands used or acquired by the
District for the Project.
(5) Limitation.--The Secretary shall not provide funds for
the operation or maintenance of the Project authorized by
this subsection. The operation, ownership, and maintenance of
the Project shall be the sole responsibility of the District.
(6) Plans and analyses consistent with federal law.--Before
obligating funds for design or construction under this
subsection, the Secretary shall work cooperatively with the
District to use, to the extent possible, plans, designs, and
engineering and environmental analyses that have already been
prepared by the District for the Project. The Secretary shall
ensure that such information as is used is consistent with
applicable Federal laws and regulations.
(7) Title; responsibility; liability.--Nothing in this
subsection or the assistance provided under this subsection
shall be construed to transfer title, responsibility, or
liability related to the Project to the United States.
(8) Authorization of appropriation.--There is authorized to
be appropriated to the Secretary to carry out this subsection
$22,500,000 or 25 percent of the total cost of the Project,
whichever is less.
(e) Sunset.--The authority of the Secretary to carry out
any provisions of this section shall terminate 10 years after
the date of the enactment of this Act.
SEC. 9103. EASTERN NEW MEXICO RURAL WATER SYSTEM PROJECT, NEW
MEXICO.
(a) Definitions.--In this section:
(1) Authority.--The term ``Authority'' means the Eastern
New Mexico Rural Water Authority, an entity formed under
State law for the purposes of planning, financing,
developing, and operating the System.
(2) Engineering report.--The term ``engineering report''
means the report entitled ``Eastern New Mexico Rural Water
System Preliminary Engineering Report'' and dated October
2006.
(3) Plan.--The term ``plan'' means the operation,
maintenance, and replacement plan required by subsection
(c)(2).
(4) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(5) State.--The term ``State'' means the State of New
Mexico.
(6) System.--
(A) In general.--The term ``System'' means the Eastern New
Mexico Rural Water System, a water delivery project designed
to deliver approximately 16,500 acre-feet of water per year
from the Ute Reservoir to the cities of Clovis, Elida, Grady,
Melrose, Portales, and Texico and other locations in Curry,
Roosevelt, and Quay Counties in the State.
(B) Inclusions.--The term ``System'' includes the major
components and associated infrastructure identified as the
``Best Technical Alternative'' in the engineering report.
(7) Ute reservoir.--The term ``Ute Reservoir'' means the
impoundment of water created in 1962 by the construction of
the Ute Dam on the Canadian River, located approximately 32
miles upstream of the border between New Mexico and Texas.
(b) Eastern New Mexico Rural Water System.--
(1) Financial assistance.--
(A) In general.--The Secretary may provide financial and
technical assistance to the Authority to assist in planning,
designing, conducting related preconstruction activities for,
and constructing the System.
(B) Use.--
(i) In general.--Any financial assistance provided under
subparagraph (A) shall be obligated and expended only in
accordance with a cooperative agreement entered into under
subsection (d)(1)(B).
(ii) Limitations.--Financial assistance provided under
clause (i) shall not be used--
(I) for any activity that is inconsistent with constructing
the System; or
(II) to plan or construct facilities used to supply
irrigation water for irrigated agricultural purposes.
(2) Cost-sharing requirement.--
(A) In general.--The Federal share of the total cost of any
activity or construction carried out using amounts made
available under this section shall be not more than 75
percent of the total cost of the System.
(B) System development costs.--For purposes of subparagraph
(A), the total cost of the System shall include any costs
incurred by the Authority or the State on or after October 1,
2003, for the development of the System.
(3) Limitation.--No amounts made available under this
section may be used for the construction of the System
until--
(A) a plan is developed under subsection (c)(2); and
(B) the Secretary and the Authority have complied with any
requirements of the National Environmental Policy Act of 1969
(42 U.S.C. 4321 et seq.) applicable to the System.
(4) Title to project works.--Title to the infrastructure of
the System shall be held by the Authority or as may otherwise
be specified under State law.
(c) Operation, Maintenance, and Replacement Costs.--
(1) In general.--The Authority shall be responsible for the
annual operation, maintenance, and replacement costs
associated with the System.
(2) Operation, maintenance, and replacement plan.--The
Authority, in consultation with the Secretary, shall develop
an operation, maintenance, and replacement plan that
establishes the rates and fees for beneficiaries of the
System in the amount necessary to ensure that the System is
properly maintained and capable of delivering approximately
16,500 acre-feet of water per year.
(d) Administrative Provisions.--
(1) Cooperative agreements.--
(A) In general.--The Secretary may enter into any contract,
grant, cooperative agreement, or other agreement that is
necessary to carry out this section.
(B) Cooperative agreement for provision of financial
assistance.--
(i) In general.--The Secretary shall enter into a
cooperative agreement with the Authority to provide financial
assistance and any other assistance requested by the
Authority for planning, design, related preconstruction
activities, and construction of the System.
(ii) Requirements.--The cooperative agreement entered into
under clause (i) shall, at a minimum, specify the
responsibilities of the Secretary and the Authority with
respect to--
(I) ensuring that the cost-share requirements established
by subsection (b)(2) are met;
(II) completing the planning and final design of the
System;
(III) any environmental and cultural resource compliance
activities required for the System; and
(IV) the construction of the System.
(2) Technical assistance.--At the request of the Authority,
the Secretary may provide to the Authority any technical
assistance that is necessary to assist the Authority in
planning, designing, constructing, and operating the System.
(3) Biological assessment.--The Secretary shall consult
with the New Mexico Interstate Stream Commission and the
Authority in preparing any biological assessment under the
Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) that
may be required for planning and constructing the System.
(4) Effect.--Nothing in this section--
(A) affects or preempts--
(i) State water law; or
(ii) an interstate compact relating to the allocation of
water; or
(B) confers on any non-Federal entity the ability to
exercise any Federal rights to--
(i) the water of a stream; or
(ii) any groundwater resource.
(e) Authorization of Appropriations.--
(1) In general.--In accordance with the adjustment carried
out under paragraph (2), there is authorized to be
appropriated to the Secretary to carry out this section an
amount not greater than $327,000,000.
(2) Adjustment.--The amount made available under paragraph
(1) shall be adjusted to reflect changes in construction
costs occurring after January 1, 2007, as indicated by
engineering cost indices applicable to the types of
construction necessary to carry out this section.
(3) Nonreimbursable amounts.--Amounts made available to the
Authority in accordance with the cost-sharing requirement
under subsection (b)(2) shall be nonreimbursable and
nonreturnable to the United States.
[[Page 8683]]
(4) Availability of funds.--At the end of each fiscal year,
any unexpended funds appropriated pursuant to this section
shall be retained for use in future fiscal years consistent
with this section.
SEC. 9104. RANCHO CALIFORNIA WATER DISTRICT PROJECT,
CALIFORNIA.
(a) In General.--The Reclamation Wastewater and Groundwater
Study and Facilities Act (Public Law 102-575, title XVI; 43
U.S.C. 390h et seq.) is amended by adding at the end the
following:
``SEC. 1649. RANCHO CALIFORNIA WATER DISTRICT PROJECT,
CALIFORNIA.
``(a) Authorization.--The Secretary, in cooperation with
the Rancho California Water District, California, may
participate in the design, planning, and construction of
permanent facilities for water recycling, demineralization,
and desalination, and distribution of non-potable water
supplies in Southern Riverside County, California.
``(b) Cost Sharing.--The Federal share of the cost of the
project described in subsection (a) shall not exceed 25
percent of the total cost of the project or $20,000,000,
whichever is less.
``(c) Limitation.--Funds provided by the Secretary under
this section shall not be used for operation or maintenance
of the project described in subsection (a).''.
(b) Clerical Amendment.--The table of items in section 2 of
Public Law 102-575 is amended by inserting after the last
item the following:
``Sec. 1649. Rancho California Water District Project, California.''.
SEC. 9105. JACKSON GULCH REHABILITATION PROJECT, COLORADO.
(a) Definitions.--In this section:
(1) Assessment.--The term ``assessment'' means the
engineering document that is--
(A) entitled ``Jackson Gulch Inlet Canal Project, Jackson
Gulch Outlet Canal Project, Jackson Gulch Operations
Facilities Project: Condition Assessment and Recommendations
for Rehabilitation'';
(B) dated February 2004; and
(C) on file with the Bureau of Reclamation.
(2) District.--The term ``District'' means the Mancos Water
Conservancy District established under the Water Conservancy
Act (Colo. Rev. Stat. 37-45-101 et seq.).
(3) Project.--The term ``Project'' means the Jackson Gulch
rehabilitation project, a program for the rehabilitation of
the Jackson Gulch Canal system and other infrastructure in
the State, as described in the assessment.
(4) Secretary.--The term ``Secretary'' means the Secretary
of the Interior, acting through the Commissioner of
Reclamation.
(5) State.--The term ``State'' means the State of Colorado.
(b) Authorization of Jackson Gulch Rehabilitation
Project.--
(1) In general.--Subject to the reimbursement requirement
described in paragraph (3), the Secretary shall pay the
Federal share of the total cost of carrying out the Project.
(2) Use of existing information.--In preparing any studies
relating to the Project, the Secretary shall, to the maximum
extent practicable, use existing studies, including
engineering and resource information provided by, or at the
direction of--
(A) Federal, State, or local agencies; and
(B) the District.
(3) Reimbursement requirement.--
(A) Amount.--The Secretary shall recover from the District
as reimbursable expenses the lesser of--
(i) the amount equal to 35 percent of the cost of the
Project; or
(ii) $2,900,000.
(B) Manner.--The Secretary shall recover reimbursable
expenses under subparagraph (A)--
(i) in a manner agreed to by the Secretary and the
District;
(ii) over a period of 15 years; and
(iii) with no interest.
(C) Credit.--In determining the exact amount of
reimbursable expenses to be recovered from the District, the
Secretary shall credit the District for any amounts it paid
before the date of enactment of this Act for engineering work
and improvements directly associated with the Project.
(4) Prohibition on operation and maintenance costs.--The
District shall be responsible for the operation and
maintenance of any facility constructed or rehabilitated
under this section.
(5) Liability.--The United States shall not be liable for
damages of any kind arising out of any act, omission, or
occurrence relating to a facility rehabilitated or
constructed under this section.
(6) Effect.--An activity provided Federal funding under
this section shall not be considered a supplemental or
additional benefit under--
(A) the reclamation laws; or
(B) the Act of August 11, 1939 (16 U.S.C. 590y et seq.).
(7) Authorization of appropriations.--There is authorized
to be appropriated to the Secretary to pay the Federal share
of the total cost of carrying out the Project $8,250,000.
SEC. 9106. RIO GRANDE PUEBLOS, NEW MEXICO.
(a) Findings and Purpose.--
(1) Findings.--Congress finds that--
(A) drought, population increases, and environmental needs
are exacerbating water supply issues across the western
United States, including the Rio Grande Basin in New Mexico;
(B) a report developed by the Bureau of Reclamation and the
Bureau of Indian Affairs in 2000 identified a serious need
for the rehabilitation and repair of irrigation
infrastructure of the Rio Grande Pueblos;
(C) inspection of existing irrigation infrastructure of the
Rio Grande Pueblos shows that many key facilities, such as
diversion structures and main conveyance ditches, are unsafe
and barely, if at all, operable;
(D) the benefits of rehabilitating and repairing irrigation
infrastructure of the Rio Grande Pueblos include--
(i) water conservation;
(ii) extending available water supplies;
(iii) increased agricultural productivity;
(iv) economic benefits;
(v) safer facilities; and
(vi) the preservation of the culture of Indian Pueblos in
the State;
(E) certain Indian Pueblos in the Rio Grande Basin receive
water from facilities operated or owned by the Bureau of
Reclamation; and
(F) rehabilitation and repair of irrigation infrastructure
of the Rio Grande Pueblos would improve--
(i) overall water management by the Bureau of Reclamation;
and
(ii) the ability of the Bureau of Reclamation to help
address potential water supply conflicts in the Rio Grande
Basin.
(2) Purpose.--The purpose of this section is to direct the
Secretary--
(A) to assess the condition of the irrigation
infrastructure of the Rio Grande Pueblos;
(B) to establish priorities for the rehabilitation of
irrigation infrastructure of the Rio Grande Pueblos in
accordance with specified criteria; and
(C) to implement projects to rehabilitate and improve the
irrigation infrastructure of the Rio Grande Pueblos.
(b) Definitions.--In this section:
(1) 2004 agreement.--The term ``2004 Agreement'' means the
agreement entitled ``Agreement By and Between the United
States of America and the Middle Rio Grande Conservancy
District, Providing for the Payment of Operation and
Maintenance Charges on Newly Reclaimed Pueblo Indian Lands in
the Middle Rio Grande Valley, New Mexico'' and executed in
September 2004 (including any successor agreements and
amendments to the agreement).
(2) Designated engineer.--The term ``designated engineer''
means a Federal employee designated under the Act of February
14, 1927 (69 Stat. 1098, chapter 138) to represent the United
States in any action involving the maintenance,
rehabilitation, or preservation of the condition of any
irrigation structure or facility on land located in the Six
Middle Rio Grande Pueblos.
(3) District.--The term ``District'' means the Middle Rio
Grande Conservancy District, a political subdivision of the
State established in 1925.
(4) Pueblo irrigation infrastructure.--The term ``Pueblo
irrigation infrastructure'' means any diversion structure,
conveyance facility, or drainage facility that is--
(A) in existence as of the date of enactment of this Act;
and
(B) located on land of a Rio Grande Pueblo that is
associated with--
(i) the delivery of water for the irrigation of
agricultural land; or
(ii) the carriage of irrigation return flows and excess
water from the land that is served.
(5) Rio grande basin.--The term ``Rio Grande Basin'' means
the headwaters of the Rio Chama and the Rio Grande Rivers
(including any tributaries) from the State line between
Colorado and New Mexico downstream to the elevation
corresponding with the spillway crest of Elephant Butte Dam
at 4,457.3 feet mean sea level.
(6) Rio grande pueblo.--The term ``Rio Grande Pueblo''
means any of the 18 Pueblos that--
(A) occupy land in the Rio Grande Basin; and
(B) are included on the list of federally recognized Indian
tribes published by the Secretary in accordance with section
104 of the Federally Recognized Indian Tribe List Act of 1994
(25 U.S.C. 479a-1).
(7) Secretary.--The term ``Secretary'' means the Secretary
of the Interior, acting through the Commissioner of
Reclamation.
(8) Six middle rio grande pueblos.--The term ``Six Middle
Rio Grande Pueblos'' means each of the Pueblos of Cochiti,
Santo Domingo, San Felipe, Santa Ana, Sandia, and Isleta.
(9) Special project.--The term ``special project'' has the
meaning given the term in the 2004 Agreement.
(10) State.--The term ``State'' means the State of New
Mexico.
(c) Irrigation Infrastructure Study.--
(1) Study.--
(A) In general.--On the date of enactment of this Act, the
Secretary, in accordance with subparagraph (B), and in
consultation with the Rio Grande Pueblos, shall--
(i) conduct a study of Pueblo irrigation infrastructure;
and
(ii) based on the results of the study, develop a list of
projects (including a cost estimate for each project), that
are recommended to be implemented over a 10-year period to
repair, rehabilitate, or reconstruct Pueblo irrigation
infrastructure.
(B) Required consent.--In carrying out subparagraph (A),
the Secretary shall only include each individual Rio Grande
Pueblo that notifies the Secretary that the Pueblo consents
to participate in--
(i) the conduct of the study under subparagraph (A)(i); and
(ii) the development of the list of projects under
subparagraph (A)(ii) with respect to the Pueblo.
[[Page 8684]]
(2) Priority.--
(A) Consideration of factors.--
(i) In general.--In developing the list of projects under
paragraph (1)(A)(ii), the Secretary shall--
(I) consider each of the factors described in subparagraph
(B); and
(II) prioritize the projects recommended for implementation
based on--
(aa) a review of each of the factors; and
(bb) a consideration of the projected benefits of the
project on completion of the project.
(ii) Eligibility of projects.--A project is eligible to be
considered and prioritized by the Secretary if the project
addresses at least 1 factor described in subparagraph (B).
(B) Factors.--The factors referred to in subparagraph (A)
are--
(i)(I) the extent of disrepair of the Pueblo irrigation
infrastructure; and
(II) the effect of the disrepair on the ability of the
applicable Rio Grande Pueblo to irrigate agricultural land
using Pueblo irrigation infrastructure;
(ii) whether, and the extent that, the repair,
rehabilitation, or reconstruction of the Pueblo irrigation
infrastructure would provide an opportunity to conserve
water;
(iii)(I) the economic and cultural impacts that the Pueblo
irrigation infrastructure that is in disrepair has on the
applicable Rio Grande Pueblo; and
(II) the economic and cultural benefits that the repair,
rehabilitation, or reconstruction of the Pueblo irrigation
infrastructure would have on the applicable Rio Grande
Pueblo;
(iv) the opportunity to address water supply or
environmental conflicts in the applicable river basin if the
Pueblo irrigation infrastructure is repaired, rehabilitated,
or reconstructed; and
(v) the overall benefits of the project to efficient water
operations on the land of the applicable Rio Grande Pueblo.
(3) Consultation.--In developing the list of projects under
paragraph (1)(A)(ii), the Secretary shall consult with the
Director of the Bureau of Indian Affairs (including the
designated engineer with respect to each proposed project
that affects the Six Middle Rio Grande Pueblos), the Chief of
the Natural Resources Conservation Service, and the Chief of
Engineers to evaluate the extent to which programs under the
jurisdiction of the respective agencies may be used--
(A) to assist in evaluating projects to repair,
rehabilitate, or reconstruct Pueblo irrigation
infrastructure; and
(B) to implement--
(i) a project recommended for implementation under
paragraph (1)(A)(ii); or
(ii) any other related project (including on-farm
improvements) that may be appropriately coordinated with the
repair, rehabilitation, or reconstruction of Pueblo
irrigation infrastructure to improve the efficient use of
water in the Rio Grande Basin.
(4) Report.--Not later than 2 years after the date of
enactment of this Act, the Secretary shall submit to the
Committee on Energy and Natural Resources of the Senate and
the Committee on Resources of the House of Representatives a
report that includes--
(A) the list of projects recommended for implementation
under paragraph (1)(A)(ii); and
(B) any findings of the Secretary with respect to--
(i) the study conducted under paragraph (1)(A)(i);
(ii) the consideration of the factors under paragraph
(2)(B); and
(iii) the consultations under paragraph (3).
(5) Periodic review.--Not later than 4 years after the date
on which the Secretary submits the report under paragraph (4)
and every 4 years thereafter, the Secretary, in consultation
with each Rio Grande Pueblo, shall--
(A) review the report submitted under paragraph (4); and
(B) update the list of projects described in paragraph
(4)(A) in accordance with each factor described in paragraph
(2)(B), as the Secretary determines to be appropriate.
(d) Irrigation Infrastructure Grants.--
(1) In general.--The Secretary may provide grants to, and
enter into contracts or other agreements with, the Rio Grande
Pueblos to plan, design, construct, or otherwise implement
projects to repair, rehabilitate, reconstruct, or replace
Pueblo irrigation infrastructure that are recommended for
implementation under subsection (c)(1)(A)(ii)--
(A) to increase water use efficiency and agricultural
productivity for the benefit of a Rio Grande Pueblo;
(B) to conserve water; or
(C) to otherwise enhance water management or help avert
water supply conflicts in the Rio Grande Basin.
(2) Limitation.--Assistance provided under paragraph (1)
shall not be used for--
(A) the repair, rehabilitation, or reconstruction of any
major impoundment structure; or
(B) any on-farm improvements.
(3) Consultation.--In carrying out a project under
paragraph (1), the Secretary shall--
(A) consult with, and obtain the approval of, the
applicable Rio Grande Pueblo;
(B) consult with the Director of the Bureau of Indian
Affairs; and
(C) as appropriate, coordinate the project with any work
being conducted under the irrigation operations and
maintenance program of the Bureau of Indian Affairs.
(4) Cost-sharing requirement.--
(A) Federal share.--
(i) In general.--Except as provided in clause (ii), the
Federal share of the total cost of carrying out a project
under paragraph (1) shall be not more than 75 percent.
(ii) Exception.--The Secretary may waive or limit the non-
Federal share required under clause (i) if the Secretary
determines, based on a demonstration of financial hardship by
the Rio Grande Pueblo, that the Rio Grande Pueblo is unable
to contribute the required non-Federal share.
(B) District contributions.--
(i) In general.--The Secretary may accept from the District
a partial or total contribution toward the non-Federal share
required for a project carried out under paragraph (1) on
land located in any of the Six Middle Rio Grande Pueblos if
the Secretary determines that the project is a special
project.
(ii) Limitation.--Nothing in clause (i) requires the
District to contribute to the non-Federal share of the cost
of a project carried out under paragraph (1).
(C) State contributions.--
(i) In general.--The Secretary may accept from the State a
partial or total contribution toward the non-Federal share
for a project carried out under paragraph (1).
(ii) Limitation.--Nothing in clause (i) requires the State
to contribute to the non-Federal share of the cost of a
project carried out under paragraph (1).
(D) Form of non-federal share.--The non-Federal share under
subparagraph (A)(i) may be in the form of in-kind
contributions, including the contribution of any valuable
asset or service that the Secretary determines would
substantially contribute to a project carried out under
paragraph (1).
(5) Operation and maintenance.--The Secretary may not use
any amount made available under subsection (g)(2) to carry
out the operation or maintenance of any project carried out
under paragraph (1).
(e) Effect on Existing Authority and Responsibilities.--
Nothing in this section--
(1) affects any existing project-specific funding
authority; or
(2) limits or absolves the United States from any
responsibility to any Rio Grande Pueblo (including any
responsibility arising from a trust relationship or from any
Federal law (including regulations), Executive order, or
agreement between the Federal Government and any Rio Grande
Pueblo).
(f) Effect on Pueblo Water Rights or State Water Law.--
(1) Pueblo water rights.--Nothing in this section
(including the implementation of any project carried out in
accordance with this section) affects the right of any Pueblo
to receive, divert, store, or claim a right to water,
including the priority of right and the quantity of water
associated with the water right under Federal or State law.
(2) State water law.--Nothing in this section preempts or
affects--
(A) State water law; or
(B) an interstate compact governing water.
(g) Authorization of Appropriations.--
(1) Study.--There is authorized to be appropriated to carry
out subsection (c) $4,000,000.
(2) Projects.--There is authorized to be appropriated to
carry out subsection (d) $6,000,000 for each of fiscal years
2010 through 2019.
SEC. 9107. UPPER COLORADO RIVER ENDANGERED FISH PROGRAMS.
(a) Definitions.--Section 2 of Public Law 106-392 (114
Stat. 1602) is amended--
(1) in paragraph (5), by inserting ``, rehabilitation, and
repair'' after ``and replacement''; and
(2) in paragraph (6), by inserting ``those for protection
of critical habitat, those for preventing entrainment of fish
in water diversions,'' after ``instream flows,''.
(b) Authorization To Fund Recovery Programs.--Section 3 of
Public Law 106-392 (114 Stat. 1603; 120 Stat. 290) is
amended--
(1) in subsection (a)--
(A) in paragraph (1), by striking ``$61,000,000'' and
inserting ``$88,000,000'';
(B) in paragraph (2), by striking ``2010'' and inserting
``2023''; and
(C) in paragraph (3), by striking ``2010'' and inserting
``2023'';
(2) in subsection (b)--
(A) in the matter preceding paragraph (1), by striking
``$126,000,000'' and inserting ``$209,000,000'';
(B) in paragraph (1)--
(i) by striking ``$108,000,000'' and inserting
``$179,000,000''; and
(ii) by striking ``2010'' and inserting ``2023''; and
(C) in paragraph (2)--
(i) by striking ``$18,000,000'' and inserting
``$30,000,000''; and
(ii) by striking ``2010'' and inserting ``2023''; and
(3) in subsection (c)(4), by striking ``$31,000,000'' and
inserting ``$87,000,000''.
SEC. 9108. SANTA MARGARITA RIVER, CALIFORNIA.
(a) Definitions.--In this section:
(1) District.--The term ``District'' means the Fallbrook
Public Utility District, San Diego County, California.
(2) Project.--The term ``Project'' means the impoundment,
recharge, treatment, and other facilities the construction,
operation, watershed management, and maintenance of which is
authorized under subsection (b).
(3) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(b) Authorization for Construction of Santa Margarita River
Project.--
(1) Authorization.--The Secretary, acting pursuant to
Federal reclamation law (the Act of
[[Page 8685]]
June 17, 1902 (32 Stat. 388, chapter 1093), and Acts
supplemental to and amendatory of that Act (43 U.S.C. 371 et
seq.), to the extent that law is not inconsistent with this
section, may construct, operate, and maintain the Project
substantially in accordance with the final feasibility report
and environmental reviews for the Project and this section.
(2) Conditions.--The Secretary may construct the Project
only after the Secretary determines that the following
conditions have occurred:
(A)(i) The District and the Secretary of the Navy have
entered into contracts under subsections (c)(2) and (e) of
section 9 of the Reclamation Project Act of 1939 (43 U.S.C.
485h) to repay to the United States equitable and appropriate
portions, as determined by the Secretary, of the actual costs
of constructing, operating, and maintaining the Project.
(ii) As an alternative to a repayment contract with the
Secretary of the Navy described in clause (i), the Secretary
may allow the Secretary of the Navy to satisfy all or a
portion of the repayment obligation for construction of the
Project on the payment of the share of the Secretary of the
Navy prior to the initiation of construction, subject to a
final cost allocation as described in subsection (c).
(B) The officer or agency of the State of California
authorized by law to grant permits for the appropriation of
water has granted the permits to the Bureau of Reclamation
for the benefit of the Secretary of the Navy and the District
as permittees for rights to the use of water for storage and
diversion as provided in this section, including approval of
all requisite changes in points of diversion and storage, and
purposes and places of use.
(C)(i) The District has agreed--
(I) to not assert against the United States any prior
appropriative right the District may have to water in excess
of the quantity deliverable to the District under this
section; and
(II) to share in the use of the waters impounded by the
Project on the basis of equal priority and in accordance with
the ratio prescribed in subsection (d)(2).
(ii) The agreement and waiver under clause (i) and the
changes in points of diversion and storage under subparagraph
(B)--
(I) shall become effective and binding only when the
Project has been completed and put into operation; and
(II) may be varied by agreement between the District and
the Secretary of the Navy.
(D) The Secretary has determined that the Project has
completed applicable economic, environmental, and engineering
feasibility studies.
(c) Costs.--
(1) In general.--As determined by a final cost allocation
after completion of the construction of the Project, the
Secretary of the Navy shall be responsible to pay upfront or
repay to the Secretary only that portion of the construction,
operation, and maintenance costs of the Project that the
Secretary and the Secretary of the Navy determine reflects
the extent to which the Department of the Navy benefits from
the Project.
(2) Other contracts.--Notwithstanding paragraph (1), the
Secretary may enter into a contract with the Secretary of the
Navy for the impoundment, storage, treatment, and carriage of
prior rights water for domestic, municipal, fish and
wildlife, industrial, and other beneficial purposes using
Project facilities.
(d) Operation; Yield Allotment; Delivery.--
(1) Operation.--The Secretary, the District, or a third
party (consistent with subsection (f)) may operate the
Project, subject to a memorandum of agreement between the
Secretary, the Secretary of the Navy, and the District and
under regulations satisfactory to the Secretary of the Navy
with respect to the share of the Project of the Department of
the Navy.
(2) Yield allotment.--Except as otherwise agreed between
the parties, the Secretary of the Navy and the District shall
participate in the Project yield on the basis of equal
priority and in accordance with the following ratio:
(A) 60 percent of the yield of the Project is allotted to
the Secretary of the Navy.
(B) 40 percent of the yield of the Project is allotted to
the District.
(3) Contracts for delivery of excess water.--
(A) Excess water available to other persons.--If the
Secretary of the Navy certifies to the official agreed on to
administer the Project that the Department of the Navy does
not have immediate need for any portion of the 60 percent of
the yield of the Project allotted to the Secretary of the
Navy under paragraph (2), the official may enter into
temporary contracts for the sale and delivery of the excess
water.
(B) First right for excess water.--The first right to
excess water made available under subparagraph (A) shall be
given the District, if otherwise consistent with the laws of
the State of California.
(C) Condition of contracts.--Each contract entered into
under subparagraph (A) for the sale and delivery of excess
water shall include a condition that the Secretary of the
Navy has the right to demand the water, without charge and
without obligation on the part of the United States, after 30
days notice.
(D) Modification of rights and obligations.--The rights and
obligations of the United States and the District regarding
the ratio, amounts, definition of Project yield, and payment
for excess water may be modified by an agreement between the
parties.
(4) Consideration.--
(A) Deposit of funds.--
(i) In general.--Amounts paid to the United States under a
contract entered into under paragraph (3) shall be--
(I) deposited in the special account established for the
Department of the Navy under section 2667(e)(1) of title 10,
United States Code; and
(II) shall be available for the purposes specified in
section 2667(e)(1)(C) of that title.
(ii) Exception.--Section 2667(e)(1)(D) of title 10, United
States Code, shall not apply to amounts deposited in the
special account pursuant to this paragraph.
(B) In-kind consideration.--In lieu of monetary
consideration under subparagraph (A), or in addition to
monetary consideration, the Secretary of the Navy may accept
in-kind consideration in a form and quantity that is
acceptable to the Secretary of the Navy, including--
(i) maintenance, protection, alteration, repair,
improvement, or restoration (including environmental
restoration) of property or facilities of the Department of
the Navy;
(ii) construction of new facilities for the Department of
the Navy;
(iii) provision of facilities for use by the Department of
the Navy;
(iv) facilities operation support for the Department of the
Navy; and
(v) provision of such other services as the Secretary of
the Navy considers appropriate.
(C) Relation to other laws.--Sections 2662 and 2802 of
title 10, United States Code, shall not apply to any new
facilities the construction of which is accepted as in-kind
consideration under this paragraph.
(D) Congressional notification.--If the in-kind
consideration proposed to be provided under a contract to be
entered into under paragraph (3) has a value in excess of
$500,000, the contract may not be entered into until the
earlier of--
(i) the end of the 30-day period beginning on the date on
which the Secretary of the Navy submits to the Committee on
Armed Services of the Senate and the Committee on Armed
Services of the House of Representatives a report describing
the contract and the form and quantity of the in-kind
consideration; or
(ii) the end of the 14-day period beginning on the date on
which a copy of the report referred to in clause (i) is
provided in an electronic medium pursuant to section 480 of
title 10, United States Code.
(e) Repayment Obligation of the District.--
(1) Determination.--
(A) In general.--Except as otherwise provided in this
paragraph, the general repayment obligation of the District
shall be determined by the Secretary consistent with
subsections (c)(2) and (e) of section 9 of the Reclamation
Project Act of 1939 (43 U.S.C. 485h) to repay to the United
States equitable and appropriate portions, as determined by
the Secretary, of the actual costs of constructing,
operating, and maintaining the Project.
(B) Groundwater.--For purposes of calculating interest and
determining the time when the repayment obligation of the
District to the United States commences, the pumping and
treatment of groundwater from the Project shall be deemed
equivalent to the first use of water from a water storage
project.
(C) Contracts for delivery of excess water.--There shall be
no repayment obligation under this subsection for water
delivered to the District under a contract described in
subsection (d)(3).
(2) Modification of rights and obligation by agreement.--
The rights and obligations of the United States and the
District regarding the repayment obligation of the District
may be modified by an agreement between the parties.
(f) Transfer of Care, Operation, and Maintenance.--
(1) In general.--The Secretary may transfer to the
District, or a mutually agreed upon third party, the care,
operation, and maintenance of the Project under conditions
that are--
(A) satisfactory to the Secretary and the District; and
(B) with respect to the portion of the Project that is
located within the boundaries of Camp Pendleton, satisfactory
to the Secretary, the District, and the Secretary of the
Navy.
(2) Equitable credit.--
(A) In general.--In the event of a transfer under paragraph
(1), the District shall be entitled to an equitable credit
for the costs associated with the proportionate share of the
Secretary of the operation and maintenance of the Project.
(B) Application.--The amount of costs described in
subparagraph (A) shall be applied against the indebtedness of
the District to the United States.
(g) Scope of Section.--
(1) In general.--Except as otherwise provided in this
section, for the purpose of this section, the laws of the
State of California shall apply to the rights of the United
States pertaining to the use of water under this section.
(2) Limitations.--Nothing in this section--
(A) provides a grant or a relinquishment by the United
States of any rights to the use of water that the United
States acquired according to the laws of the State of
California, either as a result of the acquisition of the land
comprising Camp Joseph H. Pendleton and adjoining naval
installations, and the rights to the use of water as a part
of that acquisition, or through actual use or prescription or
both since the date of that acquisition, if any;
(B) creates any legal obligation to store any water in the
Project, to the use of which the United States has those
rights;
[[Page 8686]]
(C) requires the division under this section of water to
which the United States has those rights; or
(D) constitutes a recognition of, or an admission by the
United States that, the District has any rights to the use of
water in the Santa Margarita River, which rights, if any,
exist only by virtue of the laws of the State of California.
(h) Limitations on Operation and Administration.--Unless
otherwise agreed by the Secretary of the Navy, the Project--
(1) shall be operated in a manner which allows the free
passage of all of the water to the use of which the United
States is entitled according to the laws of the State of
California either as a result of the acquisition of the land
comprising Camp Joseph H. Pendleton and adjoining naval
installations, and the rights to the use of water as a part
of those acquisitions, or through actual use or prescription,
or both, since the date of that acquisition, if any; and
(2) shall not be administered or operated in any way that
will impair or deplete the quantities of water the use of
which the United States would be entitled under the laws of
the State of California had the Project not been built.
(i) Reports to Congress.--Not later than 2 years after the
date of the enactment of this Act and periodically
thereafter, the Secretary and the Secretary of the Navy shall
each submit to the appropriate committees of Congress reports
that describe whether the conditions specified in subsection
(b)(2) have been met and if so, the manner in which the
conditions were met.
(j) Authorization of Appropriations.--There is authorized
to be appropriated to carry out this section--
(1) $60,000,000, as adjusted to reflect the engineering
costs indices for the construction cost of the Project; and
(2) such sums as are necessary to operate and maintain the
Project.
(k) Sunset.--The authority of the Secretary to complete
construction of the Project shall terminate on the date that
is 10 years after the date of enactment of this Act.
SEC. 9109. ELSINORE VALLEY MUNICIPAL WATER DISTRICT.
(a) In General.--The Reclamation Wastewater and Groundwater
Study and Facilities Act (Public Law 102-575, title XVI; 43
U.S.C. 390h et seq.) (as amended by section 9104(a)) is
amended by adding at the end the following:
``SEC. 1650. ELSINORE VALLEY MUNICIPAL WATER DISTRICT
PROJECTS, CALIFORNIA.
``(a) Authorization.--The Secretary, in cooperation with
the Elsinore Valley Municipal Water District, California, may
participate in the design, planning, and construction of
permanent facilities needed to establish recycled water
distribution and wastewater treatment and reclamation
facilities that will be used to treat wastewater and provide
recycled water in the Elsinore Valley Municipal Water
District, California.
``(b) Cost Sharing.--The Federal share of the cost of each
project described in subsection (a) shall not exceed 25
percent of the total cost of the project.
``(c) Limitation.--Funds provided by the Secretary under
this section shall not be used for operation or maintenance
of the projects described in subsection (a).
``(d) Authorization of Appropriations.--There is authorized
to be appropriated to carry out this section $12,500,000.''.
(b) Clerical Amendment.--The table of sections in section 2
of Public Law 102-575 (as amended by section 9104(b)) is
amended by inserting after the item relating to section 1649
the following:
``Sec. 1650. Elsinore Valley Municipal Water District Projects,
California.''.
SEC. 9110. NORTH BAY WATER REUSE AUTHORITY.
(a) Project Authorization.--The Reclamation Wastewater and
Groundwater Study and Facilities Act (Public Law 102-575,
title XVI; 43 U.S.C. 390h et seq.) (as amended by section
9109(a)) is amended by adding at the end the following:
``SEC. 1651. NORTH BAY WATER REUSE PROGRAM.
``(a) Definitions.--In this section:
``(1) Eligible entity.--The term `eligible entity' means a
member agency of the North Bay Water Reuse Authority of the
State located in the North San Pablo Bay watershed in--
``(A) Marin County;
``(B) Napa County;
``(C) Solano County; or
``(D) Sonoma County.
``(2) Water reclamation and reuse project.--The term `water
reclamation and reuse project' means a project carried out by
the Secretary and an eligible entity in the North San Pablo
Bay watershed relating to--
``(A) water quality improvement;
``(B) wastewater treatment;
``(C) water reclamation and reuse;
``(D) groundwater recharge and protection;
``(E) surface water augmentation; or
``(F) other related improvements.
``(3) State.--The term `State' means the State of
California.
``(b) North Bay Water Reuse Program.--
``(1) In general.--Contingent upon a finding of
feasibility, the Secretary, acting through a cooperative
agreement with the State or a subdivision of the State, is
authorized to enter into cooperative agreements with eligible
entities for the planning, design, and construction of water
reclamation and reuse facilities and recycled water
conveyance and distribution systems.
``(2) Coordination with other federal agencies.--In
carrying out this section, the Secretary and the eligible
entity shall, to the maximum extent practicable, use the
design work and environmental evaluations initiated by--
``(A) non-Federal entities; and
``(B) the Corps of Engineers in the San Pablo Bay Watershed
of the State.
``(3) Phased project.--A cooperative agreement described in
paragraph (1) shall require that the North Bay Water Reuse
Program carried out under this section shall consist of 2
phases as follows:
``(A) First phase.--During the first phase, the Secretary
and an eligible entity shall complete the planning, design,
and construction of the main treatment and main conveyance
systems.
``(B) Second phase.--During the second phase, the Secretary
and an eligible entity shall complete the planning, design,
and construction of the sub-regional distribution systems.
``(4) Cost sharing.--
``(A) Federal share.--The Federal share of the cost of the
first phase of the project authorized by this section shall
not exceed 25 percent of the total cost of the first phase of
the project.
``(B) Form of non-federal share.--The non-Federal share may
be in the form of any in-kind services that the Secretary
determines would contribute substantially toward the
completion of the water reclamation and reuse project,
including--
``(i) reasonable costs incurred by the eligible entity
relating to the planning, design, and construction of the
water reclamation and reuse project; and
``(ii) the acquisition costs of land acquired for the
project that is--
``(I) used for planning, design, and construction of the
water reclamation and reuse project facilities; and
``(II) owned by an eligible entity and directly related to
the project.
``(C) Limitation.--The Secretary shall not provide funds
for the operation and maintenance of the project authorized
by this section.
``(5) Effect.--Nothing in this section--
``(A) affects or preempts--
``(i) State water law; or
``(ii) an interstate compact relating to the allocation of
water; or
``(B) confers on any non-Federal entity the ability to
exercise any Federal right to--
``(i) the water of a stream; or
``(ii) any groundwater resource.
``(6) Authorization of appropriations.--There is authorized
to be appropriated for the Federal share of the total cost of
the first phase of the project authorized by this section
$25,000,000, to remain available until expended.''.
(b) Conforming Amendment.--The table of sections in section
2 of Public Law 102-575 (as amended by section 9109(b)) is
amended by inserting after the item relating to section 1650
the following:
``Sec. 1651. North Bay water reuse program.''.
SEC. 9111. PRADO BASIN NATURAL TREATMENT SYSTEM PROJECT,
CALIFORNIA.
(a) Prado Basin Natural Treatment System Project.--
(1) In general.--The Reclamation Wastewater and Groundwater
Study and Facilities Act (Public Law 102-575, title XVI; 43
U.S.C. 390h et seq.) (as amended by section 9110(a)) is
amended by adding at the end the following:
``SEC. 1652. PRADO BASIN NATURAL TREATMENT SYSTEM PROJECT.
``(a) In General.--The Secretary, in cooperation with the
Orange County Water District, shall participate in the
planning, design, and construction of natural treatment
systems and wetlands for the flows of the Santa Ana River,
California, and its tributaries into the Prado Basin.
``(b) Cost Sharing.--The Federal share of the cost of the
project described in subsection (a) shall not exceed 25
percent of the total cost of the project.
``(c) Limitation.--Funds provided by the Secretary shall
not be used for the operation and maintenance of the project
described in subsection (a).
``(d) Authorization of Appropriations.--There is authorized
to be appropriated to carry out this section $10,000,000.
``(e) Sunset of Authority.--This section shall have no
effect after the date that is 10 years after the date of the
enactment of this section.''.
(2) Conforming amendment.--The table of sections in section
2 of Public Law 102-575 (43 U.S.C. prec. 371) (as amended by
section 9110(b)) is amended by inserting after the last item
the following:
``1652. Prado Basin Natural Treatment System Project.''.
(b) Lower Chino Dairy Area Desalination Demonstration and
Reclamation Project.--
(1) In general.--The Reclamation Wastewater and Groundwater
Study and Facilities Act (Public Law 102-575, title XVI; 43
U.S.C. 390h et seq.) (as amended by subsection (a)(1)) is
amended by adding at the end the following:
``SEC. 1653. LOWER CHINO DAIRY AREA DESALINATION
DEMONSTRATION AND RECLAMATION PROJECT.
``(a) In General.--The Secretary, in cooperation with the
Chino Basin Watermaster, the Inland Empire Utilities Agency,
and the Santa Ana Watershed Project Authority and acting
under the Federal reclamation laws, shall participate in the
design, planning, and construction of the Lower Chino Dairy
Area desalination demonstration and reclamation project.
``(b) Cost Sharing.--The Federal share of the cost of the
project described in subsection (a) shall not exceed--
[[Page 8687]]
``(1) 25 percent of the total cost of the project; or
``(2) $26,000,000.
``(c) Limitation.--Funds provided by the Secretary shall
not be used for operation or maintenance of the project
described in subsection (a).
``(d) Authorization of Appropriations.--There are
authorized to be appropriated such sums as are necessary to
carry out this section.
``(e) Sunset of Authority.--This section shall have no
effect after the date that is 10 years after the date of the
enactment of this section.''.
(2) Conforming amendment.--The table of sections in section
2 of Public Law 102-575 (43 U.S.C. prec. 371) (as amended by
subsection (a)(2)) is amended by inserting after the last
item the following:
``1653. Lower Chino dairy area desalination demonstration and
reclamation project.''.
(c) Orange County Regional Water Reclamation Project.--
Section 1624 of the Reclamation Wastewater and Groundwater
Study and Facilities Act (Public Law 102-575, title XVI; 43
U.S.C. 390h-12j) is amended--
(1) in the section heading, by striking the words ``PHASE 1
OF THE''; and
(2) in subsection (a), by striking ``phase 1 of''.
SEC. 9112. BUNKER HILL GROUNDWATER BASIN, CALIFORNIA.
(a) Definitions.--In this section:
(1) District.--The term ``District'' means the Western
Municipal Water District, Riverside County, California.
(2) Project.--
(A) In general.--The term ``Project'' means the Riverside-
Corona Feeder Project.
(B) Inclusions.--The term ``Project'' includes--
(i) 20 groundwater wells;
(ii) groundwater treatment facilities;
(iii) water storage and pumping facilities; and
(iv) 28 miles of pipeline in San Bernardino and Riverside
Counties in the State of California.
(C) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(b) Planning, Design, and Construction of Riverside-Corona
Feeder.--
(1) In general.--The Secretary, in cooperation with the
District, may participate in the planning, design, and
construction of the Project.
(2) Agreements and regulations.--The Secretary may enter
into such agreements and promulgate such regulations as are
necessary to carry out this subsection.
(3) Federal share.--
(A) Planning, design, construction.--The Federal share of
the cost to plan, design, and construct the Project shall not
exceed the lesser of--
(i) an amount equal to 25 percent of the total cost of the
Project; and
(ii) $26,000,000.
(B) Studies.--The Federal share of the cost to complete the
necessary planning studies associated with the Project--
(i) shall not exceed an amount equal to 50 percent of the
total cost of the studies; and
(ii) shall be included as part of the limitation described
in subparagraph (A).
(4) In-kind services.--The non-Federal share of the cost of
the Project may be provided in cash or in kind.
(5) Limitation.--Funds provided by the Secretary under this
subsection shall not be used for operation or maintenance of
the Project.
(6) Authorization of appropriations.--There is authorized
to be appropriated to the Secretary to carry out this
subsection the lesser of--
(A) an amount equal to 25 percent of the total cost of the
Project; and
(B) $26,000,000.
SEC. 9113. GREAT PROJECT, CALIFORNIA.
(a) In General.--The Reclamation Wastewater and Groundwater
Study and Facilities Act (title XVI of Public Law 102-575; 43
U.S.C. 390h et seq.) (as amended by section 9111(b)(1)) is
amended by adding at the end the following:
``SEC. 1654. OXNARD, CALIFORNIA, WATER RECLAMATION, REUSE,
AND TREATMENT PROJECT.
``(a) Authorization.--The Secretary, in cooperation with
the City of Oxnard, California, may participate in the
design, planning, and construction of Phase I permanent
facilities for the GREAT project to reclaim, reuse, and treat
impaired water in the area of Oxnard, California.
``(b) Cost Share.--The Federal share of the costs of the
project described in subsection (a) shall not exceed 25
percent of the total cost.
``(c) Limitation.--The Secretary shall not provide funds
for the following:
``(1) The operations and maintenance of the project
described in subsection (a).
``(2) The construction, operations, and maintenance of the
visitor's center related to the project described in
subsection (a).
``(d) Sunset of Authority.--The authority of the Secretary
to carry out any provisions of this section shall terminate
10 years after the date of the enactment of this section.''.
(b) Clerical Amendment.--The table of sections in section 2
of the Reclamation Projects Authorization and Adjustment Act
of 1992 (as amended by section 9111(b)(2)) is amended by
inserting after the last item the following:
``Sec. 1654. Oxnard, California, water reclamation, reuse, and
treatment project.''.
SEC. 9114. YUCAIPA VALLEY WATER DISTRICT, CALIFORNIA.
(a) In General.--The Reclamation Wastewater and Groundwater
Study and Facilities Act (Public Law 102-575, title XVI; 43
U.S.C. 390h et seq.) (as amended by section 9113(a)) is
amended by adding at the end the following:
``SEC. 1655. YUCAIPA VALLEY REGIONAL WATER SUPPLY RENEWAL
PROJECT.
``(a) Authorization.--The Secretary, in cooperation with
the Yucaipa Valley Water District, may participate in the
design, planning, and construction of projects to treat
impaired surface water, reclaim and reuse impaired
groundwater, and provide brine disposal within the Santa Ana
Watershed as described in the report submitted under section
1606.
``(b) Cost Sharing.--The Federal share of the cost of the
project described in subsection (a) shall not exceed 25
percent of the total cost of the project.
``(c) Limitation.--Funds provided by the Secretary shall
not be used for operation or maintenance of the project
described in subsection (a).
``(d) Authorization of Appropriations.--There is authorized
to be appropriated to carry out this section $20,000,000.
``SEC. 1656. CITY OF CORONA WATER UTILITY, CALIFORNIA, WATER
RECYCLING AND REUSE PROJECT.
``(a) Authorization.--The Secretary, in cooperation with
the City of Corona Water Utility, California, is authorized
to participate in the design, planning, and construction of,
and land acquisition for, a project to reclaim and reuse
wastewater, including degraded groundwaters, within and
outside of the service area of the City of Corona Water
Utility, California.
``(b) Cost Share.--The Federal share of the cost of the
project authorized by this section shall not exceed 25
percent of the total cost of the project.
``(c) Limitation.--The Secretary shall not provide funds
for the operation and maintenance of the project authorized
by this section.''.
(b) Conforming Amendments.--The table of sections in
section 2 of Public Law 102-575 (as amended by section
9114(b)) is amended by inserting after the last item the
following:
``Sec. 1655. Yucaipa Valley Regional Water Supply Renewal Project.
``Sec. 1656. City of Corona Water Utility, California, water recycling
and reuse project.''.
SEC. 9115. ARKANSAS VALLEY CONDUIT, COLORADO.
(a) Cost Share.--The first section of Public Law 87-590 (76
Stat. 389) is amended in the second sentence of subsection
(c) by inserting after ``cost thereof,'' the following: ``or
in the case of the Arkansas Valley Conduit, payment in an
amount equal to 35 percent of the cost of the conduit that is
comprised of revenue generated by payments pursuant to a
repayment contract and revenue that may be derived from
contracts for the use of Fryingpan-Arkansas project excess
capacity or exchange contracts using Fryingpan-Arkansas
project facilities,''.
(b) Rates.--Section 2(b) of Public Law 87-590 (76 Stat.
390) is amended--
(1) by striking ``(b) Rates'' and inserting the following:
``(b) Rates.--
``(1) In general.--Rates''; and
(2) by adding at the end the following:
``(2) Ruedi dam and reservoir, fountain valley pipeline,
and south outlet works at pueblo dam and reservoir.--
``(A) In general.--Notwithstanding the reclamation laws,
until the date on which the payments for the Arkansas Valley
Conduit under paragraph (3) begin, any revenue that may be
derived from contracts for the use of Fryingpan-Arkansas
project excess capacity or exchange contracts using
Fryingpan-Arkansas project facilities shall be credited
towards payment of the actual cost of Ruedi Dam and
Reservoir, the Fountain Valley Pipeline, and the South Outlet
Works at Pueblo Dam and Reservoir plus interest in an amount
determined in accordance with this section.
``(B) Effect.--Nothing in the Federal reclamation law (the
Act of June 17, 1902 (32 Stat. 388, chapter 1093), and Acts
supplemental to and amendatory of that Act (43 U.S.C. 371 et
seq.)) prohibits the concurrent crediting of revenue (with
interest as provided under this section) towards payment of
the Arkansas Valley Conduit as provided under this paragraph.
``(3) Arkansas valley conduit.--
``(A) Use of revenue.--Notwithstanding the reclamation
laws, any revenue derived from contracts for the use of
Fryingpan-Arkansas project excess capacity or exchange
contracts using Fryingpan-Arkansas project facilities shall
be credited towards payment of the actual cost of the
Arkansas Valley Conduit plus interest in an amount determined
in accordance with this section.
``(B) Adjustment of rates.--Any rates charged under this
section for water for municipal, domestic, or industrial use
or for the use of facilities for the storage or delivery of
water shall be adjusted to reflect the estimated revenue
derived from contracts for the use of Fryingpan-Arkansas
project excess capacity or exchange contracts using
Fryingpan-Arkansas project facilities.''.
(c) Authorization of Appropriations.--Section 7 of Public
Law 87-590 (76 Stat. 393) is amended--
(1) by striking ``Sec. 7. There is hereby'' and inserting
the following:
``SEC. 7. AUTHORIZATION OF APPROPRIATIONS.
``(a) In General.--There is''; and
(2) by adding at the end the following:
``(b) Arkansas Valley Conduit.--
[[Page 8688]]
``(1) In general.--Subject to annual appropriations and
paragraph (2), there are authorized to be appropriated such
sums as are necessary for the construction of the Arkansas
Valley Conduit.
``(2) Limitation.--Amounts made available under paragraph
(1) shall not be used for the operation or maintenance of the
Arkansas Valley Conduit.''.
Subtitle C--Title Transfers and Clarifications
SEC. 9201. TRANSFER OF MCGEE CREEK PIPELINE AND FACILITIES.
(a) Definitions.--In this section:
(1) Agreement.--The term ``Agreement'' means the agreement
numbered 06-AG-60-2115 and entitled ``Agreement Between the
United States of America and McGee Creek Authority for the
Purpose of Defining Responsibilities Related to and
Implementing the Title Transfer of Certain Facilities at the
McGee Creek Project, Oklahoma''.
(2) Authority.--The term ``Authority'' means the McGee
Creek Authority located in Oklahoma City, Oklahoma.
(3) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(b) Conveyance of Mcgee Creek Project Pipeline and
Associated Facilities.--
(1) Authority to convey.--
(A) In general.--In accordance with all applicable laws and
consistent with any terms and conditions provided in the
Agreement, the Secretary may convey to the Authority all
right, title, and interest of the United States in and to the
pipeline and any associated facilities described in the
Agreement, including--
(i) the pumping plant;
(ii) the raw water pipeline from the McGee Creek pumping
plant to the rate of flow control station at Lake Atoka;
(iii) the surge tank;
(iv) the regulating tank;
(v) the McGee Creek operation and maintenance complex,
maintenance shop, and pole barn; and
(vi) any other appurtenances, easements, and fee title land
associated with the facilities described in clauses (i)
through (v), in accordance with the Agreement.
(B) Exclusion of mineral estate from conveyance.--
(i) In general.--The mineral estate shall be excluded from
the conveyance of any land or facilities under subparagraph
(A).
(ii) Management.--Any mineral interests retained by the
United States under this section shall be managed--
(I) consistent with Federal law; and
(II) in a manner that would not interfere with the purposes
for which the McGee Creek Project was authorized.
(C) Compliance with agreement; applicable law.--
(i) Agreement.--All parties to the conveyance under
subparagraph (A) shall comply with the terms and conditions
of the Agreement, to the extent consistent with this section.
(ii) Applicable law.--Before any conveyance under
subparagraph (A), the Secretary shall complete any actions
required under--
(I) the National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.);
(II) the Endangered Species Act of 1973 (16 U.S.C. 1531 et
seq.);
(III) the National Historic Preservation Act (16 U.S.C. 470
et seq.); and
(IV) any other applicable laws.
(2) Operation of transferred facilities.--
(A) In general.--On the conveyance of the land and
facilities under paragraph (1)(A), the Authority shall comply
with all applicable Federal, State, and local laws (including
regulations) in the operation of any transferred facilities.
(B) Operation and maintenance costs.--
(i) In general.--After the conveyance of the land and
facilities under paragraph (1)(A) and consistent with the
Agreement, the Authority shall be responsible for all duties
and costs associated with the operation, replacement,
maintenance, enhancement, and betterment of the transferred
land and facilities.
(ii) Limitation on funding.--The Authority shall not be
eligible to receive any Federal funding to assist in the
operation, replacement, maintenance, enhancement, and
betterment of the transferred land and facilities, except for
funding that would be available to any comparable entity that
is not subject to reclamation laws.
(3) Release from liability.--
(A) In general.--Effective beginning on the date of the
conveyance of the land and facilities under paragraph (1)(A),
the United States shall not be liable for damages of any kind
arising out of any act, omission, or occurrence relating to
any land or facilities conveyed, except for damages caused by
acts of negligence committed by the United States (including
any employee or agent of the United States) before the date
of the conveyance.
(B) No additional liability.--Nothing in this paragraph
adds to any liability that the United States may have under
chapter 171 of title 28, United States Code.
(4) Contractual obligations.--
(A) In general.--Except as provided in subparagraph (B),
any rights and obligations under the contract numbered 0-07-
50-X0822 and dated October 11, 1979, between the Authority
and the United States for the construction, operation, and
maintenance of the McGee Creek Project, shall remain in full
force and effect.
(B) Amendments.--With the consent of the Authority, the
Secretary may amend the contract described in subparagraph
(A) to reflect the conveyance of the land and facilities
under paragraph (1)(A).
(5) Applicability of the reclamation laws.--Notwithstanding
the conveyance of the land and facilities under paragraph
(1)(A), the reclamation laws shall continue to apply to any
project water provided to the Authority.
SEC. 9202. ALBUQUERQUE BIOLOGICAL PARK, NEW MEXICO, TITLE
CLARIFICATION.
(a) Purpose.--The purpose of this section is to direct the
Secretary of the Interior to issue a quitclaim deed conveying
any right, title, and interest the United States may have in
and to Tingley Beach, San Gabriel Park, or the BioPark
Parcels to the City, thereby removing a potential cloud on
the City's title to these lands.
(b) Definitions.--In this section:
(1) City.--The term ``City'' means the City of Albuquerque,
New Mexico.
(2) Biopark parcels.--The term ``BioPark Parcels'' means a
certain area of land containing 19.16 acres, more or less,
situated within the Town of Albuquerque Grant, in Projected
Section 13, Township 10 North, Range 2 East, N.M.P.M., City
of Albuquerque, Bernalillo County, New Mexico, comprised of
the following platted tracts and lot, and MRGCD tracts:
(A) Tracts A and B, Albuquerque Biological Park, as the
same are shown and designated on the Plat of Tracts A & B,
Albuquerque Biological Park, recorded in the Office of the
County Clerk of Bernalillo County, New Mexico on February 11,
1994 in Book 94C, Page 44; containing 17.9051 acres, more or
less.
(B) Lot B-1, Roger Cox Addition, as the same is shown and
designated on the Plat of Lots B-1 and B-2 Roger Cox
Addition, recorded in the Office of the County Clerk of
Bernalillo County, New Mexico on October 3, 1985 in Book C28,
Page 99; containing 0.6289 acres, more or less.
(C) Tract 361 of MRGCD Map 38, bounded on the north by
Tract A, Albuquerque Biological Park, on the east by the
westerly right-of-way of Central Avenue, on the south by
Tract 332B MRGCD Map 38, and on the west by Tract B,
Albuquerque Biological Park; containing 0.30 acres, more or
less.
(D) Tract 332B of MRGCD Map 38; bounded on the north by
Tract 361, MRGCD Map 38, on the west by Tract 32A-1-A, MRGCD
Map 38, and on the south and east by the westerly right-of-
way of Central Avenue; containing 0.25 acres, more or less.
(E) Tract 331A-1A of MRGCD Map 38, bounded on the west by
Tract B, Albuquerque Biological Park, on the east by Tract
332B, MRGCD Map 38, and on the south by the westerly right-
of-way of Central Avenue and Tract A, Albuquerque Biological
Park; containing 0.08 acres, more or less.
(3) Middle rio grande conservancy district.--The terms
``Middle Rio Grande Conservancy District'' and ``MRGCD'' mean
a political subdivision of the State of New Mexico, created
in 1925 to provide and maintain flood protection and
drainage, and maintenance of ditches, canals, and
distribution systems for irrigation and water delivery and
operations in the Middle Rio Grande Valley.
(4) Middle rio grande project.--The term ``Middle Rio
Grande Project'' means the works associated with water
deliveries and operations in the Rio Grande basin as
authorized by the Flood Control Act of 1948 (Public Law 80-
858; 62 Stat. 1175) and the Flood Control Act of 1950 (Public
Law 81-516; 64 Stat. 170).
(5) San gabriel park.--The term ``San Gabriel Park'' means
the tract of land containing 40.2236 acres, more or less,
situated within Section 12 and Section 13, T10N, R2E,
N.M.P.M., City of Albuquerque, Bernalillo County, New Mexico,
and described by New Mexico State Plane Grid Bearings
(Central Zone) and ground distances in a Special Warranty
Deed conveying the property from MRGCD to the City, dated
November 25, 1997.
(6) Tingley beach.--The term ``Tingley Beach'' means the
tract of land containing 25.2005 acres, more or less,
situated within Section 13 and Section 24, T10N, R2E, and
secs. 18 and 19, T10N, R3E, N.M.P.M., City of Albuquerque,
Bernalillo County, New Mexico, and described by New Mexico
State Plane Grid Bearings (Central Zone) and ground distances
in a Special Warranty Deed conveying the property from MRGCD
to the City, dated November 25, 1997.
(c) Clarification of Property Interest.--
(1) Required action.--The Secretary of the Interior shall
issue a quitclaim deed conveying any right, title, and
interest the United States may have in and to Tingley Beach,
San Gabriel Park, and the BioPark Parcels to the City.
(2) Timing.--The Secretary shall carry out the action in
paragraph (1) as soon as practicable after the date of
enactment of this Act and in accordance with all applicable
law.
(3) No additional payment.--The City shall not be required
to pay any additional costs to the United States for the
value of San Gabriel Park, Tingley Beach, and the BioPark
Parcels.
(d) Other Rights, Title, and Interests Unaffected.--
(1) In general.--Except as expressly provided in subsection
(c), nothing in this section shall be construed to affect any
right, title, or interest in and to any land associated with
the Middle Rio Grande Project.
(2) Ongoing litigation.--Nothing contained in this section
shall be construed or utilized to affect or otherwise
interfere with any position set forth by any party in the
lawsuit pending before the United States District Court for
the District of New Mexico, 99-CV-01320-JAP-RHS, entitled Rio
Grande Silvery Minnow v. John W. Keys, III, concerning the
right, title, or interest
[[Page 8689]]
in and to any property associated with the Middle Rio Grande
Project.
SEC. 9203. GOLETA WATER DISTRICT WATER DISTRIBUTION SYSTEM,
CALIFORNIA.
(a) Definitions.--In this section:
(1) Agreement.--The term ``Agreement'' means Agreement No.
07-LC-20-9387 between the United States and the District,
entitled ``Agreement Between the United States and the Goleta
Water District to Transfer Title of the Federally Owned
Distribution System to the Goleta Water District''.
(2) District.--The term ``District'' means the Goleta Water
District, located in Santa Barbara County, California.
(3) Goleta water distribution system.--The term ``Goleta
Water Distribution System'' means the facilities constructed
by the United States to enable the District to convey water
to its water users, and associated lands, as described in
Appendix A of the Agreement.
(4) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(b) Conveyance of the Goleta Water Distribution System.--
The Secretary is authorized to convey to the District all
right, title, and interest of the United States in and to the
Goleta Water Distribution System of the Cachuma Project,
California, subject to valid existing rights and consistent
with the terms and conditions set forth in the Agreement.
(c) Liability.--Effective upon the date of the conveyance
authorized by subsection (b), the United States shall not be
held liable by any court for damages of any kind arising out
of any act, omission, or occurrence relating to the lands,
buildings, or facilities conveyed under this section, except
for damages caused by acts of negligence committed by the
United States or by its employees or agents prior to the date
of conveyance. Nothing in this section increases the
liability of the United States beyond that provided in
chapter 171 of title 28, United States Code (popularly known
as the Federal Tort Claims Act).
(d) Benefits.--After conveyance of the Goleta Water
Distribution System under this section--
(1) such distribution system shall not be considered to be
a part of a Federal reclamation project; and
(2) the District shall not be eligible to receive any
benefits with respect to any facility comprising the Goleta
Water Distribution System, except benefits that would be
available to a similarly situated entity with respect to
property that is not part of a Federal reclamation project.
(e) Compliance With Other Laws.--
(1) Compliance with environmental and historic preservation
laws.--Prior to any conveyance under this section, the
Secretary shall complete all actions required under the
National Environmental Policy Act of 1969 (42 U.S.C. 4321 et
seq.), the Endangered Species Act of 1973 (16 U.S.C. 1531 et
seq.), the National Historic Preservation Act (16 U.S.C. 470
et seq.), and all other applicable laws.
(2) Compliance by the district.--Upon the conveyance of the
Goleta Water Distribution System under this section, the
District shall comply with all applicable Federal, State, and
local laws and regulations in its operation of the facilities
that are transferred.
(3) Applicable authority.--All provisions of Federal
reclamation law (the Act of June 17, 1902 (43 U.S.C. 371 et
seq.) and Acts supplemental to and amendatory of that Act)
shall continue to be applicable to project water provided to
the District.
(f) Report.--If, 12 months after the date of the enactment
of this Act, the Secretary has not completed the conveyance
required under subsection (b), the Secretary shall complete a
report that states the reason the conveyance has not been
completed and the date by which the conveyance shall be
completed. The Secretary shall submit a report required under
this subsection to Congress not later than 14 months after
the date of the enactment of this Act.
Subtitle D--San Gabriel Basin Restoration Fund
SEC. 9301. RESTORATION FUND.
Section 110 of division B of the Miscellaneous
Appropriations Act, 2001 (114 Stat. 2763A-222), as enacted
into law by section 1(a)(4) of the Consolidated
Appropriations Act, 2001 (Public Law 106-554, as amended by
Public Law 107-66), is further amended--
(1) in subsection (a)(3)(B), by inserting after clause
(iii) the following:
``(iv) Non-federal match.--After $85,000,000 has
cumulatively been appropriated under subsection (d)(1), the
remainder of Federal funds appropriated under subsection (d)
shall be subject to the following matching requirement:
``(I) San gabriel basin water quality authority.--The San
Gabriel Basin Water Quality Authority shall be responsible
for providing a 35 percent non-Federal match for Federal
funds made available to the Authority under this Act.
``(II) Central basin municipal water district.--The Central
Basin Municipal Water District shall be responsible for
providing a 35 percent non-Federal match for Federal funds
made available to the District under this Act.'';
(2) in subsection (a), by adding at the end the following:
``(4) Interest on funds in restoration fund.--No amounts
appropriated above the cumulative amount of $85,000,000 to
the Restoration Fund under subsection (d)(1) shall be
invested by the Secretary of the Treasury in interest-bearing
securities of the United States.''; and
(3) by amending subsection (d) to read as follows:
``(d) Authorization of Appropriations.--
``(1) In general.--There is authorized to be appropriated
to the Restoration Fund established under subsection (a)
$146,200,000. Such funds shall remain available until
expended.
``(2) Set-aside.--Of the amounts appropriated under
paragraph (1), no more than $21,200,000 shall be made
available to carry out the Central Basin Water Quality
Project.''.
Subtitle E--Lower Colorado River Multi-Species Conservation Program
SEC. 9401. DEFINITIONS.
In this subtitle:
(1) Lower colorado river multi-species conservation
program.--The term ``Lower Colorado River Multi-Species
Conservation Program'' or ``LCR MSCP'' means the cooperative
effort on the Lower Colorado River between Federal and non-
Federal entities in Arizona, California, and Nevada approved
by the Secretary of the Interior on April 2, 2005.
(2) Lower colorado river.--The term ``Lower Colorado
River'' means the segment of the Colorado River within the
planning area as provided in section 2(B) of the Implementing
Agreement, a Program Document.
(3) Program documents.--The term ``Program Documents''
means the Habitat Conservation Plan, Biological Assessment
and Biological and Conference Opinion, Environmental Impact
Statement/Environmental Impact Report, Funding and Management
Agreement, Implementing Agreement, and Section 10(a)(1)(B)
Permit issued and, as applicable, executed in connection with
the LCR MSCP, and any amendments or successor documents that
are developed consistent with existing agreements and
applicable law.
(4) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(5) State.--The term ``State'' means each of the States of
Arizona, California, and Nevada.
SEC. 9402. IMPLEMENTATION AND WATER ACCOUNTING.
(a) Implementation.--The Secretary is authorized to manage
and implement the LCR MSCP in accordance with the Program
Documents.
(b) Water Accounting.--The Secretary is authorized to enter
into an agreement with the States providing for the use of
water from the Lower Colorado River for habitat creation and
maintenance in accordance with the Program Documents.
SEC. 9403. ENFORCEABILITY OF PROGRAM DOCUMENTS.
(a) In General.--Due to the unique conditions of the
Colorado River, any party to the Funding and Management
Agreement or the Implementing Agreement, and any permittee
under the Section 10(a)(1)(B) Permit, may commence a civil
action in United States district court to adjudicate,
confirm, validate or decree the rights and obligations of the
parties under those Program Documents.
(b) Jurisdiction.--The district court shall have
jurisdiction over such actions and may issue such orders,
judgments, and decrees as are consistent with the court's
exercise of jurisdiction under this section.
(c) United States as Defendant.--
(1) In general.--The United States or any agency of the
United States may be named as a defendant in such actions.
(2) Sovereign immunity.--Subject to paragraph (3), the
sovereign immunity of the United States is waived for
purposes of actions commenced pursuant to this section.
(3) Nonwaiver for certain claims.--Nothing in this section
waives the sovereign immunity of the United States to claims
for money damages, monetary compensation, the provision of
indemnity, or any claim seeking money from the United States.
(d) Rights Under Federal and State Law.--
(1) In general.--Except as specifically provided in this
section, nothing in this section limits any rights or
obligations of any party under Federal or State law.
(2) Applicability to lower colorado river multi-species
conservation program.--This section--
(A) shall apply only to the Lower Colorado River Multi-
Species Conservation Program; and
(B) shall not affect the terms of, or rights or obligations
under, any other conservation plan created pursuant to any
Federal or State law.
(e) Venue.--Any suit pursuant to this section may be
brought in any United States district court in the State in
which any non-Federal party to the suit is situated.
SEC. 9404. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There is authorized to be appropriated to
the Secretary such sums as may be necessary to meet the
obligations of the Secretary under the Program Documents, to
remain available until expended.
(b) Non-Reimbursable and Non-Returnable.--All amounts
appropriated to and expended by the Secretary for the LCR
MSCP shall be non-reimbursable and non-returnable.
Subtitle F--Secure Water
SEC. 9501. FINDINGS.
Congress finds that--
(1) adequate and safe supplies of water are fundamental to
the health, economy, security, and ecology of the United
States;
(2) systematic data-gathering with respect to, and research
and development of, the water resources of the United States
will help ensure the continued existence of sufficient
quantities of water to support--
(A) increasing populations;
(B) economic growth;
(C) irrigated agriculture;
(D) energy production; and
[[Page 8690]]
(E) the protection of aquatic ecosystems;
(3) global climate change poses a significant challenge to
the protection and use of the water resources of the United
States due to an increased uncertainty with respect to the
timing, form, and geographical distribution of precipitation,
which may have a substantial effect on the supplies of water
for agricultural, hydroelectric power, industrial, domestic
supply, and environmental needs;
(4) although States bear the primary responsibility and
authority for managing the water resources of the United
States, the Federal Government should support the States, as
well as regional, local, and tribal governments, by carrying
out--
(A) nationwide data collection and monitoring activities;
(B) relevant research; and
(C) activities to increase the efficiency of the use of
water in the United States;
(5) Federal agencies that conduct water management and
related activities have a responsibility--
(A) to take a lead role in assessing risks to the water
resources of the United States (including risks posed by
global climate change); and
(B) to develop strategies--
(i) to mitigate the potential impacts of each risk
described in subparagraph (A); and
(ii) to help ensure that the long-term water resources
management of the United States is sustainable and will
ensure sustainable quantities of water;
(6) it is critical to continue and expand research and
monitoring efforts--
(A) to improve the understanding of the variability of the
water cycle; and
(B) to provide basic information necessary--
(i) to manage and efficiently use the water resources of
the United States; and
(ii) to identify new supplies of water that are capable of
being reclaimed; and
(7) the study of water use is vital--
(A) to the understanding of the impacts of human activity
on water and ecological resources; and
(B) to the assessment of whether available surface and
groundwater supplies will be available to meet the future
needs of the United States.
SEC. 9502. DEFINITIONS.
In this section:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the National Oceanic and Atmospheric
Administration.
(2) Advisory committee.--The term ``Advisory Committee''
means the National Advisory Committee on Water Information
established--
(A) under the Office of Management and Budget Circular 92-
01; and
(B) to coordinate water data collection activities.
(3) Assessment program.--The term ``assessment program''
means the water availability and use assessment program
established by the Secretary under section 9508(a).
(4) Climate division.--The term ``climate division'' means
1 of the 359 divisions in the United States that represents 2
or more regions located within a State that are as
climatically homogeneous as possible, as determined by the
Administrator.
(5) Commissioner.--The term ``Commissioner'' means the
Commissioner of Reclamation.
(6) Director.--The term ``Director'' means the Director of
the United States Geological Survey.
(7) Eligible applicant.--The term ``eligible applicant''
means any State, Indian tribe, irrigation district, water
district, or other organization with water or power delivery
authority.
(8) Federal power marketing administration.--The term
``Federal Power Marketing Administration'' means--
(A) the Bonneville Power Administration;
(B) the Southeastern Power Administration;
(C) the Southwestern Power Administration; and
(D) the Western Area Power Administration.
(9) Hydrologic accounting unit.--The term ``hydrologic
accounting unit'' means 1 of the 352 river basin hydrologic
accounting units used by the United States Geological Survey.
(10) Indian tribe.--The term ``Indian tribe'' has the
meaning given the term in section 4 of the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 450b).
(11) Major aquifer system.--The term ``major aquifer
system'' means a groundwater system that is--
(A) identified as a significant groundwater system by the
Director; and
(B) included in the Groundwater Atlas of the United States,
published by the United States Geological Survey.
(12) Major reclamation river basin.--
(A) In general.--The term ``major reclamation river basin''
means each major river system (including tributaries)--
(i) that is located in a service area of the Bureau of
Reclamation; and
(ii) at which is located a federally authorized project of
the Bureau of Reclamation.
(B) Inclusions.--The term ``major reclamation river basin''
includes--
(i) the Colorado River;
(ii) the Columbia River;
(iii) the Klamath River;
(iv) the Missouri River;
(v) the Rio Grande;
(vi) the Sacramento River;
(vii) the San Joaquin River; and
(viii) the Truckee River.
(13) Non-federal participant.--The term ``non-Federal
participant'' means--
(A) a State, regional, or local authority;
(B) an Indian tribe or tribal organization; or
(C) any other qualifying entity, such as a water
conservation district, water conservancy district, or rural
water district or association, or a nongovernmental
organization.
(14) Panel.--The term ``panel'' means the climate change
and water intragovernmental panel established by the
Secretary under section 9506(a).
(15) Program.--The term ``program'' means the regional
integrated sciences and assessments program--
(A) established by the Administrator; and
(B) that is comprised of 8 regional programs that use
advances in integrated climate sciences to assist
decisionmaking processes.
(16) Secretary.--
(A) In general.--Except as provided in subparagraph (B),
the term ``Secretary'' means the Secretary of the Interior.
(B) Exceptions.--The term ``Secretary'' means--
(i) in the case of sections 9503, 9504, and 9509, the
Secretary of the Interior (acting through the Commissioner);
and
(ii) in the case of sections 9507 and 9508, the Secretary
of the Interior (acting through the Director).
(17) Service area.--The term ``service area'' means any
area that encompasses a watershed that contains a federally
authorized reclamation project that is located in any State
or area described in the first section of the Act of June 17,
1902 (43 U.S.C. 391).
SEC. 9503. RECLAMATION CLIMATE CHANGE AND WATER PROGRAM.
(a) In General.--The Secretary shall establish a climate
change adaptation program--
(1) to coordinate with the Administrator and other
appropriate agencies to assess each effect of, and risk
resulting from, global climate change with respect to the
quantity of water resources located in a service area; and
(2) to ensure, to the maximum extent possible, that
strategies are developed at watershed and aquifer system
scales to address potential water shortages, conflicts, and
other impacts to water users located at, and the environment
of, each service area.
(b) Required Elements.--In carrying out the program
described in subsection (a), the Secretary shall--
(1) coordinate with the United States Geological Survey,
the National Oceanic and Atmospheric Administration, the
program, and each appropriate State water resource agency, to
ensure that the Secretary has access to the best available
scientific information with respect to presently observed and
projected future impacts of global climate change on water
resources;
(2) assess specific risks to the water supply of each major
reclamation river basin, including any risk relating to--
(A) a change in snowpack;
(B) changes in the timing and quantity of runoff;
(C) changes in groundwater recharge and discharge; and
(D) any increase in--
(i) the demand for water as a result of increasing
temperatures; and
(ii) the rate of reservoir evaporation;
(3) with respect to each major reclamation river basin,
analyze the extent to which changes in the water supply of
the United States will impact--
(A) the ability of the Secretary to deliver water to the
contractors of the Secretary;
(B) hydroelectric power generation facilities;
(C) recreation at reclamation facilities;
(D) fish and wildlife habitat;
(E) applicable species listed as an endangered, threatened,
or candidate species under the Endangered Species Act of 1973
(16 U.S.C. 1531 et seq.);
(F) water quality issues (including salinity levels of each
major reclamation river basin);
(G) flow and water dependent ecological resiliency; and
(H) flood control management;
(4) in consultation with appropriate non-Federal
participants, consider and develop appropriate strategies to
mitigate each impact of water supply changes analyzed by the
Secretary under paragraph (3), including strategies relating
to--
(A) the modification of any reservoir storage or operating
guideline in existence as of the date of enactment of this
Act;
(B) the development of new water management, operating, or
habitat restoration plans;
(C) water conservation;
(D) improved hydrologic models and other decision support
systems; and
(E) groundwater and surface water storage needs; and
(5) in consultation with the Director, the Administrator,
the Secretary of Agriculture (acting through the Chief of the
Natural Resources Conservation Service), and applicable State
water resource agencies, develop a monitoring plan to acquire
and maintain water resources data--
(A) to strengthen the understanding of water supply trends;
and
(B) to assist in each assessment and analysis conducted by
the Secretary under paragraphs (2) and (3).
(c) Reporting.--Not later than 2 years after the date of
enactment of this Act, and every 5 years thereafter, the
Secretary shall submit to the appropriate committees of
Congress a report that describes--
(1) each effect of, and risk resulting from, global climate
change with respect to the quantity of water resources
located in each major reclamation river basin;
[[Page 8691]]
(2) the impact of global climate change with respect to the
operations of the Secretary in each major reclamation river
basin;
(3) each mitigation and adaptation strategy considered and
implemented by the Secretary to address each effect of global
climate change described in paragraph (1);
(4) each coordination activity conducted by the Secretary
with--
(A) the Director;
(B) the Administrator;
(C) the Secretary of Agriculture (acting through the Chief
of the Natural Resources Conservation Service); or
(D) any appropriate State water resource agency; and
(5) the implementation by the Secretary of the monitoring
plan developed under subsection (b)(5).
(d) Feasibility Studies.--
(1) Authority of secretary.--The Secretary, in cooperation
with any non-Federal participant, may conduct 1 or more
studies to determine the feasibility and impact on ecological
resiliency of implementing each mitigation and adaptation
strategy described in subsection (c)(3), including the
construction of any water supply, water management,
environmental, or habitat enhancement water infrastructure
that the Secretary determines to be necessary to address the
effects of global climate change on water resources located
in each major reclamation river basin.
(2) Cost sharing.--
(A) Federal share.--
(i) In general.--Except as provided in clause (ii), the
Federal share of the cost of a study described in paragraph
(1) shall not exceed 50 percent of the cost of the study.
(ii) Exception relating to financial hardship.--The
Secretary may increase the Federal share of the cost of a
study described in paragraph (1) to exceed 50 percent of the
cost of the study if the Secretary determines that, due to a
financial hardship, the non-Federal participant of the study
is unable to contribute an amount equal to 50 percent of the
cost of the study.
(B) Non-federal share.--The non-Federal share of the cost
of a study described in paragraph (1) may be provided in the
form of any in-kind services that substantially contribute
toward the completion of the study, as determined by the
Secretary.
(e) No Effect on Existing Authority.--Nothing in this
section amends or otherwise affects any existing authority
under reclamation laws that govern the operation of any
Federal reclamation project.
(f) Authorization of Appropriations.--There are authorized
to be appropriated such sums as are necessary to carry out
this section for each of fiscal years 2009 through 2023, to
remain available until expended.
SEC. 9504. WATER MANAGEMENT IMPROVEMENT.
(a) Authorization of Grants and Cooperative Agreements.--
(1) Authority of secretary.--The Secretary may provide any
grant to, or enter into an agreement with, any eligible
applicant to assist the eligible applicant in planning,
designing, or constructing any improvement--
(A) to conserve water;
(B) to increase water use efficiency;
(C) to facilitate water markets;
(D) to enhance water management, including increasing the
use of renewable energy in the management and delivery of
water;
(E) to accelerate the adoption and use of advanced water
treatment technologies to increase water supply;
(F) to prevent the decline of species that the United
States Fish and Wildlife Service and National Marine
Fisheries Service have proposed for listing under the
Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) (or
candidate species that are being considered by those agencies
for such listing but are not yet the subject of a proposed
rule);
(G) to accelerate the recovery of threatened species,
endangered species, and designated critical habitats that are
adversely affected by Federal reclamation projects or are
subject to a recovery plan or conservation plan under the
Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) under
which the Commissioner of Reclamation has implementation
responsibilities; or
(H) to carry out any other activity--
(i) to address any climate-related impact to the water
supply of the United States that increases ecological
resiliency to the impacts of climate change; or
(ii) to prevent any water-related crisis or conflict at any
watershed that has a nexus to a Federal reclamation project
located in a service area.
(2) Application.--To be eligible to receive a grant, or
enter into an agreement with the Secretary under paragraph
(1), an eligible applicant shall--
(A) be located within the States and areas referred to in
the first section of the Act of June 17, 1902 (43 U.S.C.
391); and
(B) submit to the Secretary an application that includes a
proposal of the improvement or activity to be planned,
designed, constructed, or implemented by the eligible
applicant.
(3) Requirements of grants and cooperative agreements.--
(A) Compliance with requirements.--Each grant and agreement
entered into by the Secretary with any eligible applicant
under paragraph (1) shall be in compliance with each
requirement described in subparagraphs (B) through (F).
(B) Agricultural operations.--In carrying out paragraph
(1), the Secretary shall not provide a grant, or enter into
an agreement, for an improvement to conserve irrigation water
unless the eligible applicant agrees not--
(i) to use any associated water savings to increase the
total irrigated acreage of the eligible applicant; or
(ii) to otherwise increase the consumptive use of water in
the operation of the eligible applicant, as determined
pursuant to the law of the State in which the operation of
the eligible applicant is located.
(C) Nonreimbursable funds.--Any funds provided by the
Secretary to an eligible applicant through a grant or
agreement under paragraph (1) shall be nonreimbursable.
(D) Title to improvements.--If an infrastructure
improvement to a federally owned facility is the subject of a
grant or other agreement entered into between the Secretary
and an eligible applicant under paragraph (1), the Federal
Government shall continue to hold title to the facility and
improvements to the facility.
(E) Cost sharing.--
(i) Federal share.--The Federal share of the cost of any
infrastructure improvement or activity that is the subject of
a grant or other agreement entered into between the Secretary
and an eligible applicant under paragraph (1) shall not
exceed 50 percent of the cost of the infrastructure
improvement or activity.
(ii) Calculation of non-federal share.--In calculating the
non-Federal share of the cost of an infrastructure
improvement or activity proposed by an eligible applicant
through an application submitted by the eligible applicant
under paragraph (2), the Secretary shall--
(I) consider the value of any in-kind services that
substantially contributes toward the completion of the
improvement or activity, as determined by the Secretary; and
(II) not consider any other amount that the eligible
applicant receives from a Federal agency.
(iii) Maximum amount.--The amount provided to an eligible
applicant through a grant or other agreement under paragraph
(1) shall be not more than $5,000,000.
(iv) Operation and maintenance costs.--The non-Federal
share of the cost of operating and maintaining any
infrastructure improvement that is the subject of a grant or
other agreement entered into between the Secretary and an
eligible applicant under paragraph (1) shall be 100 percent.
(F) Liability.--
(i) In general.--Except as provided under chapter 171 of
title 28, United States Code (commonly known as the ``Federal
Tort Claims Act''), the United States shall not be liable for
monetary damages of any kind for any injury arising out of an
act, omission, or occurrence that arises in relation to any
facility created or improved under this section, the title of
which is not held by the United States.
(ii) Tort claims act.--Nothing in this section increases
the liability of the United States beyond that provided in
chapter 171 of title 28, United States Code (commonly known
as the ``Federal Tort Claims Act'').
(b) Research Agreements.--
(1) Authority of secretary.--The Secretary may enter into 1
or more agreements with any university, nonprofit research
institution, or organization with water or power delivery
authority to fund any research activity that is designed--
(A) to conserve water resources;
(B) to increase the efficiency of the use of water
resources; or
(C) to enhance the management of water resources, including
increasing the use of renewable energy in the management and
delivery of water.
(2) Terms and conditions of secretary.--
(A) In general.--An agreement entered into between the
Secretary and any university, institution, or organization
described in paragraph (1) shall be subject to such terms and
conditions as the Secretary determines to be appropriate.
(B) Availability.--The agreements under this subsection
shall be available to all Reclamation projects and programs
that may benefit from project-specific or programmatic
cooperative research and development.
(c) Mutual Benefit.--Grants or other agreements made under
this section may be for the mutual benefit of the United
States and the entity that is provided the grant or enters
into the cooperative agreement.
(d) Relationship to Project-Specific Authority.--This
section shall not supersede any existing project-specific
funding authority.
(e) Authorization of Appropriations.--There is authorized
to be appropriated to carry out this section $200,000,000, to
remain available until expended.
SEC. 9505. HYDROELECTRIC POWER ASSESSMENT.
(a) Duty of Secretary of Energy.--The Secretary of Energy,
in consultation with the Administrator of each Federal Power
Marketing Administration, shall assess each effect of, and
risk resulting from, global climate change with respect to
water supplies that are required for the generation of
hydroelectric power at each Federal water project that is
applicable to a Federal Power Marketing Administration.
(b) Access to Appropriate Data.--
(1) In general.--In carrying out each assessment under
subsection (a), the Secretary of Energy shall consult with
the United States Geological Survey, the National Oceanic and
Atmospheric Administration, the program, and each appropriate
State water resource agency, to ensure that the Secretary of
Energy has access to the best available scientific
information with respect to presently observed impacts and
projected future impacts of global climate
[[Page 8692]]
change on water supplies that are used to produce
hydroelectric power.
(2) Access to data for certain assessments.--In carrying
out each assessment under subsection (a), with respect to the
Bonneville Power Administration and the Western Area Power
Administration, the Secretary of Energy shall consult with
the Commissioner to access data and other information that--
(A) is collected by the Commissioner; and
(B) the Secretary of Energy determines to be necessary for
the conduct of the assessment.
(c) Report.--Not later than 2 years after the date of
enactment of this Act, and every 5 years thereafter, the
Secretary of Energy shall submit to the appropriate
committees of Congress a report that describes--
(1) each effect of, and risk resulting from, global climate
change with respect to--
(A) water supplies used for hydroelectric power generation;
and
(B) power supplies marketed by each Federal Power Marketing
Administration, pursuant to--
(i) long-term power contracts;
(ii) contingent capacity contracts; and
(iii) short-term sales; and
(2) each recommendation of the Administrator of each
Federal Power Marketing Administration relating to any change
in any operation or contracting practice of each Federal
Power Marketing Administration to address each effect and
risk described in paragraph (1), including the use of
purchased power to meet long-term commitments of each Federal
Power Marketing Administration.
(d) Authority.--The Secretary of Energy may enter into
contracts, grants, or other agreements with appropriate
entities to carry out this section.
(e) Costs.--
(1) Nonreimbursable.--Any costs incurred by the Secretary
of Energy in carrying out this section shall be
nonreimbursable.
(2) PMA costs.--Each Federal Power Marketing Administration
shall incur costs in carrying out this section only to the
extent that appropriated funds are provided by the Secretary
of Energy for that purpose.
(f) Authorization of Appropriations.--There are authorized
to be appropriated such sums as are necessary to carry out
this section for each of fiscal years 2009 through 2023, to
remain available until expended.
SEC. 9506. CLIMATE CHANGE AND WATER INTRAGOVERNMENTAL PANEL.
(a) Establishment.--The Secretary and the Administrator
shall establish and lead a climate change and water
intragovernmental panel--
(1) to review the current scientific understanding of each
impact of global climate change on the quantity and quality
of freshwater resources of the United States; and
(2) to develop any strategy that the panel determines to be
necessary to improve observational capabilities, expand data
acquisition, or take other actions--
(A) to increase the reliability and accuracy of modeling
and prediction systems to benefit water managers at the
Federal, State, and local levels; and
(B) to increase the understanding of the impacts of climate
change on aquatic ecosystems.
(b) Membership.--The panel shall be comprised of--
(1) the Secretary;
(2) the Director;
(3) the Administrator;
(4) the Secretary of Agriculture (acting through the Under
Secretary for Natural Resources and Environment);
(5) the Commissioner;
(6) the Secretary of the Army, acting through the Chief of
Engineers;
(7) the Administrator of the Environmental Protection
Agency; and
(8) the Secretary of Energy.
(c) Review Elements.--In conducting the review and
developing the strategy under subsection (a), the panel shall
consult with State water resource agencies, the Advisory
Committee, drinking water utilities, water research
organizations, and relevant water user, environmental, and
other nongovernmental organizations--
(1) to assess the extent to which the conduct of measures
of streamflow, groundwater levels, soil moisture,
evapotranspiration rates, evaporation rates, snowpack levels,
precipitation amounts, flood risk, and glacier mass is
necessary to improve the understanding of the Federal
Government and the States with respect to each impact of
global climate change on water resources;
(2) to identify data gaps in current water monitoring
networks that must be addressed to improve the capability of
the Federal Government and the States to measure, analyze,
and predict changes to the quality and quantity of water
resources, including flood risks, that are directly or
indirectly affected by global climate change;
(3) to establish data management and communication
protocols and standards to increase the quality and
efficiency by which each Federal agency acquires and reports
relevant data;
(4) to consider options for the establishment of a data
portal to enhance access to water resource data--
(A) relating to each nationally significant freshwater
watershed and aquifer located in the United States; and
(B) that is collected by each Federal agency and any other
public or private entity for each nationally significant
freshwater watershed and aquifer located in the United
States;
(5) to facilitate the development of hydrologic and other
models to integrate data that reflects groundwater and
surface water interactions; and
(6) to apply the hydrologic and other models developed
under paragraph (5) to water resource management problems
identified by the panel, including the need to maintain or
improve ecological resiliency at watershed and aquifer system
scales.
(d) Report.--Not later than 2 years after the date of
enactment of this Act, the Secretary shall submit to the
appropriate committees of Congress a report that describes
the review conducted, and the strategy developed, by the
panel under subsection (a).
(e) Demonstration, Research, and Methodology Development
Projects.--
(1) Authority of secretary.--The Secretary, in consultation
with the panel and the Advisory Committee, may provide grants
to, or enter into any contract, cooperative agreement,
interagency agreement, or other transaction with, an
appropriate entity to carry out any demonstration, research,
or methodology development project that the Secretary
determines to be necessary to assist in the implementation of
the strategy developed by the panel under subsection (a)(2).
(2) Requirements.--
(A) Maximum amount of federal share.--The Federal share of
the cost of any demonstration, research, or methodology
development project that is the subject of any grant,
contract, cooperative agreement, interagency agreement, or
other transaction entered into between the Secretary and an
appropriate entity under paragraph (1) shall not exceed
$1,000,000.
(B) Report.--An appropriate entity that receives funds from
a grant, contract, cooperative agreement, interagency
agreement, or other transaction entered into between the
Secretary and the appropriate entity under paragraph (1)
shall submit to the Secretary a report describing the results
of the demonstration, research, or methodology development
project conducted by the appropriate entity.
(f) Authorization of Appropriations.--
(1) In general.--There is authorized to be appropriated to
carry out subsections (a) through (d) $2,000,000 for each of
fiscal years 2009 through 2011, to remain available until
expended.
(2) Demonstration, research, and methodology development
projects.--There is authorized to be appropriated to carry
out subsection (e) $10,000,000 for the period of fiscal years
2009 through 2013, to remain available until expended.
SEC. 9507. WATER DATA ENHANCEMENT BY UNITED STATES GEOLOGICAL
SURVEY.
(a) National Streamflow Information Program.--
(1) In general.--The Secretary, in consultation with the
Advisory Committee and the Panel and consistent with this
section, shall proceed with implementation of the national
streamflow information program, as reviewed by the National
Research Council in 2004.
(2) Requirements.--In conducting the national streamflow
information program, the Secretary shall--
(A) measure streamflow and related environmental variables
in nationally significant watersheds--
(i) in a reliable and continuous manner; and
(ii) to develop a comprehensive source of information on
which public and private decisions relating to the management
of water resources may be based;
(B) provide for a better understanding of hydrologic
extremes (including floods and droughts) through the conduct
of intensive data collection activities during and following
hydrologic extremes;
(C) establish a base network that provides resources that
are necessary for--
(i) the monitoring of long-term changes in streamflow; and
(ii) the conduct of assessments to determine the extent to
which each long-term change monitored under clause (i) is
related to global climate change;
(D) integrate the national streamflow information program
with data collection activities of Federal agencies and
appropriate State water resource agencies (including the
National Integrated Drought Information System)--
(i) to enhance the comprehensive understanding of water
availability;
(ii) to improve flood-hazard assessments;
(iii) to identify any data gap with respect to water
resources; and
(iv) to improve hydrologic forecasting; and
(E) incorporate principles of adaptive management in the
conduct of periodic reviews of information collected under
the national streamflow information program to assess whether
the objectives of the national streamflow information program
are being adequately addressed.
(3) Improved methodologies.--The Secretary shall--
(A) improve methodologies relating to the analysis and
delivery of data; and
(B) investigate, develop, and implement new methodologies
and technologies to estimate or measure streamflow in a more
cost-efficient manner.
(4) Network enhancement.--
(A) In general.--Not later than 10 years after the date of
enactment of this Act, in accordance with subparagraph (B),
the Secretary shall--
(i) increase the number of streamgages funded by the
national streamflow information program to a quantity of not
less than 4,700 sites; and
(ii) ensure all streamgages are flood-hardened and equipped
with water-quality sensors and modernized telemetry.
[[Page 8693]]
(B) Requirements of sites.--Each site described in
subparagraph (A) shall conform with the National Streamflow
Information Program plan as reviewed by the National Research
Council.
(5) Federal share.--The Federal share of the national
streamgaging network established pursuant to this subsection
shall be 100 percent of the cost of carrying out the national
streamgaging network.
(6) Authorization of appropriations.--
(A) In general.--Except as provided in subparagraph (B),
there are authorized to be appropriated such sums as are
necessary to operate the national streamflow information
program for the period of fiscal years 2009 through 2023, to
remain available until expended.
(B) Network enhancement funding.--There is authorized to be
appropriated to carry out the network enhancements described
in paragraph (4) $10,000,000 for each of fiscal years 2009
through 2019, to remain available until expended.
(b) National Groundwater Resources Monitoring.--
(1) In general.--The Secretary shall develop a systematic
groundwater monitoring program for each major aquifer system
located in the United States.
(2) Program elements.--In developing the monitoring program
described in paragraph (1), the Secretary shall--
(A) establish appropriate criteria for monitoring wells to
ensure the acquisition of long-term, high-quality data sets,
including, to the maximum extent possible, the inclusion of
real-time instrumentation and reporting;
(B) in coordination with the Advisory Committee and State
and local water resource agencies--
(i) assess the current scope of groundwater monitoring
based on the access availability and capability of each
monitoring well in existence as of the date of enactment of
this Act; and
(ii) develop and carry out a monitoring plan that maximizes
coverage for each major aquifer system that is located in the
United States; and
(C) prior to initiating any specific monitoring activities
within a State after the date of enactment of this Act,
consult and coordinate with the applicable State water
resource agency with jurisdiction over the aquifer that is
the subject of the monitoring activities, and comply with all
applicable laws (including regulations) of the State.
(3) Program objectives.--In carrying out the monitoring
program described in paragraph (1), the Secretary shall--
(A) provide data that is necessary for the improvement of
understanding with respect to surface water and groundwater
interactions;
(B) by expanding the network of monitoring wells to reach
each climate division, support the groundwater climate
response network to improve the understanding of the effects
of global climate change on groundwater recharge and
availability; and
(C) support the objectives of the assessment program.
(4) Improved methodologies.--The Secretary shall--
(A) improve methodologies relating to the analysis and
delivery of data; and
(B) investigate, develop, and implement new methodologies
and technologies to estimate or measure groundwater recharge,
discharge, and storage in a more cost-efficient manner.
(5) Federal share.--The Federal share of the monitoring
program described in paragraph (1) may be 100 percent of the
cost of carrying out the monitoring program.
(6) Priority.--In selecting monitoring activities
consistent with the monitoring program described in paragraph
(1), the Secretary shall give priority to those activities
for which a State or local governmental entity agrees to
provide for a substantial share of the cost of establishing
or operating a monitoring well or other measuring device to
carry out a monitoring activity.
(7) Authorization of appropriations.--There are authorized
to be appropriated such sums as are necessary to carry out
this subsection for the period of fiscal years 2009 through
2023, to remain available until expended.
(c) Brackish Groundwater Assessment.--
(1) Study.--The Secretary, in consultation with State and
local water resource agencies, shall conduct a study of
available data and other relevant information--
(A) to identify significant brackish groundwater resources
located in the United States; and
(B) to consolidate any available data relating to each
groundwater resource identified under subparagraph (A).
(2) Report.--Not later than 2 years after the date of
enactment of this Act, the Secretary shall submit to the
appropriate committees of Congress a report that includes--
(A) a description of each--
(i) significant brackish aquifer that is located in the
United States (including 1 or more maps of each significant
brackish aquifer that is located in the United States);
(ii) data gap that is required to be addressed to fully
characterize each brackish aquifer described in clause (i);
and
(iii) current use of brackish groundwater that is supplied
by each brackish aquifer described in clause (i); and
(B) a summary of the information available as of the date
of enactment of this Act with respect to each brackish
aquifer described in subparagraph (A)(i) (including the known
level of total dissolved solids in each brackish aquifer).
(3) Authorization of appropriations.--There is authorized
to be appropriated to carry out this subsection $3,000,000
for the period of fiscal years 2009 through 2011, to remain
available until expended.
(d) Improved Water Estimation, Measurement, and Monitoring
Technologies.--
(1) Authority of secretary.--The Secretary may provide
grants on a nonreimbursable basis to appropriate entities
with expertise in water resource data acquisition and
reporting, including Federal agencies, the Water Resources
Research Institutes and other academic institutions, and
private entities, to--
(A) investigate, develop, and implement new methodologies
and technologies to estimate or measure water resources data
in a cost-efficient manner; and
(B) improve methodologies relating to the analysis and
delivery of data.
(2) Priority.--In providing grants to appropriate entities
under paragraph (1), the Secretary shall give priority to
appropriate entities that propose the development of new
methods and technologies for--
(A) predicting and measuring streamflows;
(B) estimating changes in the storage of groundwater;
(C) improving data standards and methods of analysis
(including the validation of data entered into geographic
information system databases);
(D) measuring precipitation and potential
evapotranspiration; and
(E) water withdrawals, return flows, and consumptive use.
(3) Partnerships.--In recognition of the value of
collaboration to foster innovation and enhance research and
development efforts, the Secretary shall encourage
partnerships, including public-private partnerships, between
and among Federal agencies, academic institutions, and
private entities to promote the objectives described in
paragraph (1).
(4) Authorization of appropriations.--There is authorized
to be appropriated to carry out this subsection $5,000,000
for each of fiscal years 2009 through 2019.
SEC. 9508. NATIONAL WATER AVAILABILITY AND USE ASSESSMENT
PROGRAM.
(a) Establishment.--The Secretary, in coordination with the
Advisory Committee and State and local water resource
agencies, shall establish a national assessment program to be
known as the ``national water availability and use assessment
program''--
(1) to provide a more accurate assessment of the status of
the water resources of the United States;
(2) to assist in the determination of the quantity of water
that is available for beneficial uses;
(3) to assist in the determination of the quality of the
water resources of the United States;
(4) to identify long-term trends in water availability;
(5) to use each long-term trend described in paragraph (4)
to provide a more accurate assessment of the change in the
availability of water in the United States; and
(6) to develop the basis for an improved ability to
forecast the availability of water for future economic,
energy production, and environmental uses.
(b) Program Elements.--
(1) Water use.--In carrying out the assessment program, the
Secretary shall conduct any appropriate activity to carry out
an ongoing assessment of water use in hydrologic accounting
units and major aquifer systems located in the United States,
including--
(A) the maintenance of a comprehensive national water use
inventory to enhance the level of understanding with respect
to the effects of spatial and temporal patterns of water use
on the availability and sustainable use of water resources;
(B) the incorporation of water use science principles, with
an emphasis on applied research and statistical estimation
techniques in the assessment of water use;
(C) the integration of any dataset maintained by any other
Federal or State agency into the dataset maintained by the
Secretary; and
(D) a focus on the scientific integration of any data
relating to water use, water flow, or water quality to
generate relevant information relating to the impact of human
activity on water and ecological resources.
(2) Water availability.--In carrying out the assessment
program, the Secretary shall conduct an ongoing assessment of
water availability by--
(A) developing and evaluating nationally consistent
indicators that reflect each status and trend relating to the
availability of water resources in the United States,
including--
(i) surface water indicators, such as streamflow and
surface water storage measures (including lakes, reservoirs,
perennial snowfields, and glaciers);
(ii) groundwater indicators, including groundwater level
measurements and changes in groundwater levels due to--
(I) natural recharge;
(II) withdrawals;
(III) saltwater intrusion;
(IV) mine dewatering;
(V) land drainage;
(VI) artificial recharge; and
(VII) other relevant factors, as determined by the
Secretary; and
(iii) impaired surface water and groundwater supplies that
are known, accessible, and used to meet ongoing water
demands;
(B) maintaining a national database of water availability
data that--
[[Page 8694]]
(i) is comprised of maps, reports, and other forms of
interpreted data;
(ii) provides electronic access to the archived data of the
national database; and
(iii) provides for real-time data collection; and
(C) developing and applying predictive modeling tools that
integrate groundwater, surface water, and ecological systems.
(c) Grant Program.--
(1) Authority of secretary.--The Secretary may provide
grants to State water resource agencies to assist State water
resource agencies in--
(A) developing water use and availability datasets that are
integrated with each appropriate dataset developed or
maintained by the Secretary; or
(B) integrating any water use or water availability dataset
of the State water resource agency into each appropriate
dataset developed or maintained by the Secretary.
(2) Criteria.--To be eligible to receive a grant under
paragraph (1), a State water resource agency shall
demonstrate to the Secretary that the water use and
availability dataset proposed to be established or integrated
by the State water resource agency--
(A) is in compliance with each quality and conformity
standard established by the Secretary to ensure that the data
will be capable of integration with any national dataset; and
(B) will enhance the ability of the officials of the State
or the State water resource agency to carry out each water
management and regulatory responsibility of the officials of
the State in accordance with each applicable law of the
State.
(3) Maximum amount.--The amount of a grant provided to a
State water resource agency under paragraph (1) shall be an
amount not more than $250,000.
(d) Report.--Not later than December 31, 2012, and every 5
years thereafter, the Secretary shall submit to the
appropriate committees of Congress a report that provides a
detailed assessment of--
(1) the current availability of water resources in the
United States, including--
(A) historic trends and annual updates of river basin
inflows and outflows;
(B) surface water storage;
(C) groundwater reserves; and
(D) estimates of undeveloped potential resources (including
saline and brackish water and wastewater);
(2) significant trends affecting water availability,
including each documented or projected impact to the
availability of water as a result of global climate change;
(3) the withdrawal and use of surface water and groundwater
by various sectors, including--
(A) the agricultural sector;
(B) municipalities;
(C) the industrial sector;
(D) thermoelectric power generators; and
(E) hydroelectric power generators;
(4) significant trends relating to each water use sector,
including significant changes in water use due to the
development of new energy supplies;
(5) significant water use conflicts or shortages that have
occurred or are occurring; and
(6) each factor that has caused, or is causing, a conflict
or shortage described in paragraph (5).
(e) Authorization of Appropriations.--
(1) In general.--There is authorized to be appropriated to
carry out subsections (a), (b), and (d) $20,000,000 for each
of fiscal years 2009 through 2023, to remain available until
expended.
(2) Grant program.--There is authorized to be appropriated
to carry out subsection (c) $12,500,000 for the period of
fiscal years 2009 through 2013, to remain available until
expended.
SEC. 9509. RESEARCH AGREEMENT AUTHORITY.
The Secretary may enter into contracts, grants, or
cooperative agreements, for periods not to exceed 5 years, to
carry out research within the Bureau of Reclamation.
SEC. 9510. EFFECT.
(a) In General.--Nothing in this subtitle supersedes or
limits any existing authority provided, or responsibility
conferred, by any provision of law.
(b) Effect on State Water Law.--
(1) In general.--Nothing in this subtitle preempts or
affects any--
(A) State water law; or
(B) interstate compact governing water.
(2) Compliance required.--The Secretary shall comply with
applicable State water laws in carrying out this subtitle.
Subtitle G--Aging Infrastructure
SEC. 9601 DEFINITIONS.
In this subtitle:
(1) Inspection.--The term ``inspection'' means an
inspection of a project facility carried out by the
Secretary--
(A) to assess and determine the general condition of the
project facility; and
(B) to estimate the value of property, and the size of the
population, that would be at risk if the project facility
fails, is breached, or otherwise allows flooding to occur.
(2) Project facility.--The term ``project facility'' means
any part or incidental feature of a project, excluding high-
and significant-hazard dams, constructed under the Federal
reclamation law (the Act of June 17, 1902 (32 Stat. 388,
chapter 1093), and Acts supplemental to and amendatory of
that Act (43 U.S.C. 371 et seq.).
(3) Reserved works.--The term ``reserved works'' mean any
project facility at which the Secretary carries out the
operation and maintenance of the project facility.
(4) Secretary.--The term ``Secretary'' means the Secretary
of the Interior, acting through the Commissioner of
Reclamation.
(5) Transferred works.--The term ``transferred works''
means a project facility, the operation and maintenance of
which is carried out by a non-Federal entity, under the
provisions of a formal operation and maintenance transfer
contract.
(6) Transferred works operating entity.--The term
``transferred works operating entity'' means the organization
which is contractually responsible for operation and
maintenance of transferred works.
(7) Extraordinary operation and maintenance work.--The term
``extraordinary operation and maintenance work'' means major,
nonrecurring maintenance to Reclamation-owned or operated
facilities, or facility components, that is--
(A) intended to ensure the continued safe, dependable, and
reliable delivery of authorized project benefits; and
(B) greater than 10 percent of the contractor's or the
transferred works operating entity's annual operation and
maintenance budget for the facility, or greater than
$100,000.
SEC. 9602. GUIDELINES AND INSPECTION OF PROJECT FACILITIES
AND TECHNICAL ASSISTANCE TO TRANSFERRED WORKS
OPERATING ENTITIES.
(a) Guidelines and Inspections.--
(1) Development of guidelines.--Not later than 1 year after
the date of enactment of this Act, the Secretary in
consultation with transferred works operating entities shall
develop, consistent with existing transfer contracts,
specific inspection guidelines for project facilities which
are in proximity to urbanized areas and which could pose a
risk to public safety or property damage if such project
facilities were to fail.
(2) Conduct of inspections.--Not later than 3 years after
the date of enactment of this Act, the Secretary shall
conduct inspections of those project facilities, which are in
proximity to urbanized areas and which could pose a risk to
public safety or property damage if such facilities were to
fail, using such specific inspection guidelines and criteria
developed pursuant to paragraph (1). In selecting project
facilities to inspect, the Secretary shall take into account
the potential magnitude of public safety and economic damage
posed by each project facility.
(3) Treatment of costs.--The costs incurred by the
Secretary in conducting these inspections shall be
nonreimbursable.
(b) Use of Inspection Data.--The Secretary shall use the
data collected through the conduct of the inspections under
subsection (a)(2) to--
(1) provide recommendations to the transferred works
operating entities for improvement of operation and
maintenance processes, operating procedures including
operation guidelines consistent with existing transfer
contracts, and structural modifications to those transferred
works;
(2) determine an appropriate inspection frequency for such
nondam project facilities which shall not exceed 6 years; and
(3) provide, upon request of transferred work operating
entities, local governments, or State agencies, information
regarding potential hazards posed by existing or proposed
residential, commercial, industrial or public-use development
adjacent to project facilities.
(c) Technical Assistance to Transferred Works Operating
Entities.--
(1) Authority of secretary to provide technical
assistance.--The Secretary is authorized, at the request of a
transferred works operating entity in proximity to an
urbanized area, to provide technical assistance to accomplish
the following, if consistent with existing transfer
contracts:
(A) Development of documented operating procedures for a
project facility.
(B) Development of documented emergency notification and
response procedures for a project facility.
(C) Development of facility inspection criteria for a
project facility.
(D) Development of a training program on operation and
maintenance requirements and practices for a project facility
for a transferred works operating entity's workforce.
(E) Development of a public outreach plan on the operation
and risks associated with a project facility.
(F) Development of any other plans or documentation which,
in the judgment of the Secretary, will contribute to public
safety and the sage operation of a project facility.
(2) Costs.--The Secretary is authorized to provide, on a
non-reimbursable basis, up to 50 percent of the cost of such
technical assistance, with the balance of such costs being
advanced by the transferred works operating entity or other
non-Federal source. The non-Federal 50 percent minimum cost
share for such technical assistance may be in the form of in-
lieu contributions of resources by the transferred works
operating entity or other non-Federal source.
SEC. 9603. EXTRAORDINARY OPERATION AND MAINTENANCE WORK
PERFORMED BY THE SECRETARY.
(a) In General.--The Secretary or the transferred works
operating entity may carry out, in accordance with subsection
(b) and consistent with existing transfer contracts, any
extraordinary operation and maintenance work on a project
facility that the Secretary determines to be reasonably
required to preserve the structural safety of the project
facility.
[[Page 8695]]
(b) Reimbursement of Costs Arising From Extraordinary
Operation and Maintenance Work.--
(1) Treatment of costs.--For reserved works, costs incurred
by the Secretary in conducting extraordinary operation and
maintenance work will be allocated to the authorized
reimbursable purposes of the project and shall be repaid
within 50 years, with interest, from the year in which work
undertaken pursuant to this subtitle is substantially
complete.
(2) Authority of secretary.--For transferred works, the
Secretary is authorized to advance the costs incurred by the
transferred works operating entity in conducting
extraordinary operation and maintenance work and negotiate
appropriate 50-year repayment contracts with project
beneficiaries providing for the return of reimbursable costs,
with interest, under this subsection: Provided, however, That
no contract entered into pursuant to this subtitle shall be
deemed to be a new or amended contract for the purposes of
section 203(a) of the Reclamation Reform Act of 1982 (43
U.S.C. 390cc(a)).
(3) Determination of interest rate.--The interest rate used
for computing interest on work in progress and interest on
the unpaid balance of the reimbursable costs of extraordinary
operation and maintenance work authorized by this subtitle
shall be determined by the Secretary of the Treasury, as of
the beginning of the fiscal year in which extraordinary
operation and maintenance work is commenced, on the basis of
average market yields on outstanding marketable obligations
of the United States with the remaining periods of maturity
comparable to the applicable reimbursement period of the
project, adjusted to the nearest \1/8\ of 1 percent on the
unamortized balance of any portion of the loan.
(c) Emergency Extraordinary Operation and Maintenance
Work.--
(1) In general.--The Secretary or the transferred works
operating entity shall carry out any emergency extraordinary
operation and maintenance work on a project facility that the
Secretary determines to be necessary to minimize the risk of
imminent harm to public health or safety, or property.
(2) Reimbursement.--The Secretary may advance funds for
emergency extraordinary operation and maintenance work and
shall seek reimbursement from the transferred works operating
entity or benefitting entity upon receiving a written
assurance from the governing body of such entity that it will
negotiate a contract pursuant to section 9603 for repayment
of costs incurred by the Secretary in undertaking such work.
(3) Funding.--If the Secretary determines that a project
facility inspected and maintained pursuant to the guidelines
and criteria set forth in section 9602(a) requires
extraordinary operation and maintenance pursuant to paragraph
(1), the Secretary may provide Federal funds on a
nonreimbursable basis sufficient to cover 35 percent of the
cost of the extraordinary operation and maintenance allocable
to the transferred works operating entity, which is needed to
minimize the risk of imminent harm. The remaining share of
the Federal funds advanced by the Secretary for such work
shall be repaid under subsection (b).
SEC. 9604. RELATIONSHIP TO TWENTY-FIRST CENTURY WATER WORKS
ACT.
Nothing in this subtitle shall preclude a transferred works
operating entity from applying and receiving a loan-guarantee
pursuant to the Twenty-First Century Water Works Act (43
U.S.C. 2401 et seq.).
SEC. 9605. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as are
necessary to carry out this subtitle.
TITLE X--WATER SETTLEMENTS
Subtitle A--San Joaquin River Restoration Settlement
PART I--SAN JOAQUIN RIVER RESTORATION SETTLEMENT ACT
SEC. 10001. SHORT TITLE.
This part may be cited as the ``San Joaquin River
Restoration Settlement Act''.
SEC. 10002. PURPOSE.
The purpose of this part is to authorize implementation of
the Settlement.
SEC. 10003. DEFINITIONS.
In this part:
(1) The terms ``Friant Division long-term contractors'',
``Interim Flows'', ``Restoration Flows'', ``Recovered Water
Account'', ``Restoration Goal'', and ``Water Management
Goal'' have the meanings given the terms in the Settlement.
(2) The term ``Secretary'' means the Secretary of the
Interior.
(3) The term ``Settlement'' means the Stipulation of
Settlement dated September 13, 2006, in the litigation
entitled Natural Resources Defense Council, et al. v. Kirk
Rodgers, et al., United States District Court, Eastern
District of California, No. CIV. S-88-1658-LKK/GGH.
SEC. 10004. IMPLEMENTATION OF SETTLEMENT.
(a) In General.--The Secretary of the Interior is hereby
authorized and directed to implement the terms and conditions
of the Settlement in cooperation with the State of
California, including the following measures as these
measures are prescribed in the Settlement:
(1) Design and construct channel and structural
improvements as described in paragraph 11 of the Settlement,
provided, however, that the Secretary shall not make or fund
any such improvements to facilities or property of the State
of California without the approval of the State of California
and the State's agreement in 1 or more memoranda of
understanding to participate where appropriate.
(2) Modify Friant Dam operations so as to provide
Restoration Flows and Interim Flows.
(3) Acquire water, water rights, or options to acquire
water as described in paragraph 13 of the Settlement,
provided, however, such acquisitions shall only be made from
willing sellers and not through eminent domain.
(4) Implement the terms and conditions of paragraph 16 of
the Settlement related to recirculation, recapture, reuse,
exchange, or transfer of water released for Restoration Flows
or Interim Flows, for the purpose of accomplishing the Water
Management Goal of the Settlement, subject to--
(A) applicable provisions of California water law;
(B) the Secretary's use of Central Valley Project
facilities to make Project water (other than water released
from Friant Dam pursuant to the Settlement) and water
acquired through transfers available to existing south-of-
Delta Central Valley Project contractors; and
(C) the Secretary's performance of the Agreement of
November 24, 1986, between the United States of America and
the Department of Water Resources of the State of California
for the coordinated operation of the Central Valley Project
and the State Water Project as authorized by Congress in
section 2(d) of the Act of August 26, 1937 (50 Stat. 850, 100
Stat. 3051), including any agreement to resolve conflicts
arising from said Agreement.
(5) Develop and implement the Recovered Water Account as
specified in paragraph 16(b) of the Settlement, including the
pricing and payment crediting provisions described in
paragraph 16(b)(3) of the Settlement, provided that all other
provisions of Federal reclamation law shall remain
applicable.
(b) Agreements.--
(1) Agreements with the state.--In order to facilitate or
expedite implementation of the Settlement, the Secretary is
authorized and directed to enter into appropriate agreements,
including cost-sharing agreements, with the State of
California.
(2) Other agreements.--The Secretary is authorized to enter
into contracts, memoranda of understanding, financial
assistance agreements, cost sharing agreements, and other
appropriate agreements with State, tribal, and local
governmental agencies, and with private parties, including
agreements related to construction, improvement, and
operation and maintenance of facilities, subject to any terms
and conditions that the Secretary deems necessary to achieve
the purposes of the Settlement.
(c) Acceptance and Expenditure of Non-Federal Funds.--The
Secretary is authorized to accept and expend non-Federal
funds in order to facilitate implementation of the
Settlement.
(d) Mitigation of Impacts.--Prior to the implementation of
decisions or agreements to construct, improve, operate, or
maintain facilities that the Secretary determines are needed
to implement the Settlement, the Secretary shall identify--
(1) the impacts associated with such actions; and
(2) the measures which shall be implemented to mitigate
impacts on adjacent and downstream water users and
landowners.
(e) Design and Engineering Studies.--The Secretary is
authorized to conduct any design or engineering studies that
are necessary to implement the Settlement.
(f) Effect on Contract Water Allocations.--Except as
otherwise provided in this section, the implementation of the
Settlement and the reintroduction of California Central
Valley Spring Run Chinook salmon pursuant to the Settlement
and section 10011, shall not result in the involuntary
reduction in contract water allocations to Central Valley
Project long-term contractors, other than Friant Division
long-term contractors.
(g) Effect on Existing Water Contracts.--Except as provided
in the Settlement and this part, nothing in this part shall
modify or amend the rights and obligations of the parties to
any existing water service, repayment, purchase, or exchange
contract.
(h) Interim Flows.--
(1) Study required.--Prior to releasing any Interim Flows
under the Settlement, the Secretary shall prepare an analysis
in compliance with the National Environmental Policy Act of
1969 (42 U.S.C. 4321 et seq.), including at a minimum--
(A) an analysis of channel conveyance capacities and
potential for levee or groundwater seepage;
(B) a description of the associated seepage monitoring
program;
(C) an evaluation of--
(i) possible impacts associated with the release of Interim
Flows; and
(ii) mitigation measures for those impacts that are
determined to be significant;
(D) a description of the associated flow monitoring
program; and
(E) an analysis of the likely Federal costs, if any, of any
fish screens, fish bypass facilities, fish salvage
facilities, and related operations on the San Joaquin River
south of the confluence with the Merced River required under
the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.)
as a result of the Interim Flows.
(2) Conditions for release.--The Secretary is authorized to
release Interim Flows to the extent that such flows would
not--
(A) impede or delay completion of the measures specified in
Paragraph 11(a) of the Settlement; or
[[Page 8696]]
(B) exceed existing downstream channel capacities.
(3) Seepage impacts.--The Secretary shall reduce Interim
Flows to the extent necessary to address any material adverse
impacts to third parties from groundwater seepage caused by
such flows that the Secretary identifies based on the
monitoring program of the Secretary.
(4) Temporary fish barrier program.--The Secretary, in
consultation with the California Department of Fish and Game,
shall evaluate the effectiveness of the Hills Ferry barrier
in preventing the unintended upstream migration of anadromous
fish in the San Joaquin River and any false migratory
pathways. If that evaluation determines that any such
migration past the barrier is caused by the introduction of
the Interim Flows and that the presence of such fish will
result in the imposition of additional regulatory actions
against third parties, the Secretary is authorized to assist
the Department of Fish and Game in making improvements to the
barrier. From funding made available in accordance with
section 10009, if third parties along the San Joaquin River
south of its confluence with the Merced River are required to
install fish screens or fish bypass facilities due to the
release of Interim Flows in order to comply with the
Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.), the
Secretary shall bear the costs of the installation of such
screens or facilities if such costs would be borne by the
Federal Government under section 10009(a)(3), except to the
extent that such costs are already or are further willingly
borne by the State of California or by the third parties.
(i) Funding Availability.--
(1) In general.--Funds shall be collected in the San
Joaquin River Restoration Fund through October 1, 2019, and
thereafter, with substantial amounts available through
October 1, 2019, pursuant to section 10009 for implementation
of the Settlement and parts I and III, including--
(A) $88,000,000, to be available without further
appropriation pursuant to section 10009(c)(2);
(B) additional amounts authorized to be appropriated,
including the charges required under section 10007 and an
estimated $20,000,000 from the CVP Restoration Fund pursuant
to section 10009(b)(2); and
(C) an aggregate commitment of at least $200,000,000 by the
State of California.
(2) Additional amounts.--Substantial additional amounts
from the San Joaquin River Restoration Fund shall become
available without further appropriation after October 1,
2019, pursuant to section 10009(c)(2).
(3) Effect of subsection.--Nothing in this subsection
limits the availability of funds authorized for appropriation
pursuant to section 10009(b) or 10203(c).
(j) San Joaquin River Exchange Contract.--Subject to
section 10006(b), nothing in this part shall modify or amend
the rights and obligations under the Purchase Contract
between Miller and Lux and the United States and the Second
Amended Exchange Contract between the United States,
Department of the Interior, Bureau of Reclamation and Central
California Irrigation District, San Luis Canal Company,
Firebaugh Canal Water District and Columbia Canal Company.
SEC. 10005. ACQUISITION AND DISPOSAL OF PROPERTY; TITLE TO
FACILITIES.
(a) Title to Facilities.--Unless acquired pursuant to
subsection (b), title to any facility or facilities, stream
channel, levees, or other real property modified or improved
in the course of implementing the Settlement authorized by
this part, and title to any modifications or improvements of
such facility or facilities, stream channel, levees, or other
real property--
(1) shall remain in the owner of the property; and
(2) shall not be transferred to the United States on
account of such modifications or improvements.
(b) Acquisition of Property.--
(1) In general.--The Secretary is authorized to acquire
through purchase from willing sellers any property, interests
in property, or options to acquire real property needed to
implement the Settlement authorized by this part.
(2) Applicable law.--The Secretary is authorized, but not
required, to exercise all of the authorities provided in
section 2 of the Act of August 26, 1937 (50 Stat. 844,
chapter 832), to carry out the measures authorized in this
section and section 10004.
(c) Disposal of Property.--
(1) In general.--Upon the Secretary's determination that
retention of title to property or interests in property
acquired pursuant to this part is no longer needed to be held
by the United States for the furtherance of the Settlement,
the Secretary is authorized to dispose of such property or
interest in property on such terms and conditions as the
Secretary deems appropriate and in the best interest of the
United States, including possible transfer of such property
to the State of California.
(2) Right of first refusal.--In the event the Secretary
determines that property acquired pursuant to this part
through the exercise of its eminent domain authority is no
longer necessary for implementation of the Settlement, the
Secretary shall provide a right of first refusal to the
property owner from whom the property was initially acquired,
or his or her successor in interest, on the same terms and
conditions as the property is being offered to other parties.
(3) Disposition of proceeds.--Proceeds from the disposal by
sale or transfer of any such property or interests in such
property shall be deposited in the fund established by
section 10009(c).
(d) Groundwater Bank.--Nothing in this part authorizes the
Secretary to operate a groundwater bank along or adjacent to
the San Joaquin River upstream of the confluence with the
Merced River, and any such groundwater bank shall be operated
by a non-Federal entity.
SEC. 10006. COMPLIANCE WITH APPLICABLE LAW.
(a) Applicable Law.--
(1) In general.--In undertaking the measures authorized by
this part, the Secretary and the Secretary of Commerce shall
comply with all applicable Federal and State laws, rules, and
regulations, including the National Environmental Policy Act
of 1969 (42 U.S.C. 4321 et seq.) and the Endangered Species
Act of 1973 (16 U.S.C. 1531 et seq.), as necessary.
(2) Environmental reviews.--The Secretary and the Secretary
of Commerce are authorized and directed to initiate and
expeditiously complete applicable environmental reviews and
consultations as may be necessary to effectuate the purposes
of the Settlement.
(b) Effect on State Law.--Nothing in this part shall
preempt State law or modify any existing obligation of the
United States under Federal reclamation law to operate the
Central Valley Project in conformity with State law.
(c) Use of Funds for Environmental Reviews.--
(1) Definition of environmental review.--For purposes of
this subsection, the term ``environmental review'' includes
any consultation and planning necessary to comply with
subsection (a).
(2) Participation in environmental review process.--In
undertaking the measures authorized by section 10004, and for
which environmental review is required, the Secretary may
provide funds made available under this part to affected
Federal agencies, State agencies, local agencies, and Indian
tribes if the Secretary determines that such funds are
necessary to allow the Federal agencies, State agencies,
local agencies, or Indian tribes to effectively participate
in the environmental review process.
(3) Limitation.--Funds may be provided under paragraph (2)
only to support activities that directly contribute to the
implementation of the terms and conditions of the Settlement.
(d) Nonreimbursable Funds.--The United States' share of the
costs of implementing this part shall be nonreimbursable
under Federal reclamation law, provided that nothing in this
subsection shall limit or be construed to limit the use of
the funds assessed and collected pursuant to sections
3406(c)(1) and 3407(d)(2) of the Reclamation Projects
Authorization and Adjustment Act of 1992 (Public Law 102-575;
106 Stat. 4721, 4727), for implementation of the Settlement,
nor shall it be construed to limit or modify existing or
future Central Valley Project ratesetting policies.
SEC. 10007. COMPLIANCE WITH CENTRAL VALLEY PROJECT
IMPROVEMENT ACT.
Congress hereby finds and declares that the Settlement
satisfies and discharges all of the obligations of the
Secretary contained in section 3406(c)(1) of the Reclamation
Projects Authorization and Adjustment Act of 1992 (Public Law
102-575; 106 Stat. 4721), provided, however, that--
(1) the Secretary shall continue to assess and collect the
charges provided in section 3406(c)(1) of the Reclamation
Projects Authorization and Adjustment Act of 1992 (Public Law
102-575; 106 Stat. 4721), as provided in the Settlement; and
(2) those assessments and collections shall continue to be
counted toward the requirements of the Secretary contained in
section 3407(c)(2) of the Reclamation Projects Authorization
and Adjustment Act of 1992 (Public Law 102-575; 106 Stat.
4726).
SEC. 10008. NO PRIVATE RIGHT OF ACTION.
(a) In General.--Nothing in this part confers upon any
person or entity not a party to the Settlement a private
right of action or claim for relief to interpret or enforce
the provisions of this part or the Settlement.
(b) Applicable Law.--This section shall not alter or
curtail any right of action or claim for relief under any
other applicable law.
SEC. 10009. APPROPRIATIONS; SETTLEMENT FUND.
(a) Implementation Costs.--
(1) In general.--The costs of implementing the Settlement
shall be covered by payments or in-kind contributions made by
Friant Division contractors and other non-Federal parties,
including the funds provided in subparagraphs (A) through (D)
of subsection (c)(1), estimated to total $440,000,000, of
which the non-Federal payments are estimated to total
$200,000,000 (at October 2006 price levels) and the amount
from repaid Central Valley Project capital obligations is
estimated to total $240,000,000, the additional Federal
appropriation of $250,000,000 authorized pursuant to
subsection (b)(1), and such additional funds authorized
pursuant to subsection (b)(2); provided however, that the
costs of implementing the provisions of section 10004(a)(1)
shall be shared by the State of California pursuant to the
terms of a memorandum of understanding executed by the State
of California and the Parties to the Settlement on September
13, 2006, which includes at least $110,000,000 of State
funds.
(2) Additional agreements.--
(A) In general.--The Secretary shall enter into 1 or more
agreements to fund or implement improvements on a project-by-
project basis with the State of California.
(B) Requirements.--Any agreements entered into under
subparagraph (A) shall provide for recognition of either
monetary or in-kind contributions toward the State of
California's share of the cost of implementing the provisions
of section 10004(a)(1).
[[Page 8697]]
(3) Limitation.--Except as provided in the Settlement, to
the extent that costs incurred solely to implement this
Settlement would not otherwise have been incurred by any
entity or public or local agency or subdivision of the State
of California, such costs shall not be borne by any such
entity, agency, or subdivision of the State of California,
unless such costs are incurred on a voluntary basis.
(b) Authorization of Appropriations.--
(1) In general.--In addition to the funding provided in
subsection (c), there are also authorized to be appropriated
not to exceed $250,000,000 (at October 2006 price levels) to
implement this part and the Settlement, to be available until
expended; provided however, that the Secretary is authorized
to spend such additional appropriations only in amounts equal
to the amount of funds deposited in the San Joaquin River
Restoration Fund (not including payments under subsection
(c)(1)(B) and proceeds under subsection (c)(1)(C)), the
amount of in-kind contributions, and other non-Federal
payments actually committed to the implementation of this
part or the Settlement.
(2) Use of the central valley project restoration fund.--
The Secretary is authorized to use monies from the Central
Valley Project Restoration Fund created under section 3407 of
the Reclamation Projects Authorization and Adjustment Act of
1992 (Public Law 102-575; 106 Stat. 4727) for purposes of
this part in an amount not to exceed $2,000,000 (October 2006
price levels) in any fiscal year.
(c) Fund.--
(1) In general.--There is hereby established within the
Treasury of the United States a fund, to be known as the San
Joaquin River Restoration Fund, into which the following
funds shall be deposited and used solely for the purpose of
implementing the Settlement except as otherwise provided in
subsections (a) and (b) of section 10203:
(A) All payments received pursuant to section 3406(c)(1) of
the Reclamation Projects Authorization and Adjustment Act of
1992 (Public Law 102-575; 106 Stat. 4721).
(B) The construction cost component (not otherwise needed
to cover operation and maintenance costs) of payments made by
Friant Division, Hidden Unit, and Buchanan Unit long-term
contractors pursuant to long-term water service contracts or
pursuant to repayment contracts, including repayment
contracts executed pursuant to section 10010. The
construction cost repayment obligation assigned such
contractors under such contracts shall be reduced by the
amount paid pursuant to this paragraph and the appropriate
share of the existing Federal investment in the Central
Valley Project to be recovered by the Secretary pursuant to
Public Law 99-546 (100 Stat. 3050) shall be reduced by an
equivalent sum.
(C) Proceeds from the sale of water pursuant to the
Settlement, or from the sale of property or interests in
property as provided in section 10005.
(D) Any non-Federal funds, including State cost-sharing
funds, contributed to the United States for implementation of
the Settlement, which the Secretary may expend without
further appropriation for the purposes for which contributed.
(2) Availability.--All funds deposited into the Fund
pursuant to subparagraphs (A), (B), and (C) of paragraph (1)
are authorized for appropriation to implement the Settlement
and this part, in addition to the authorization provided in
subsections (a) and (b) of section 10203, except that
$88,000,000 of such funds are available for expenditure
without further appropriation; provided that after October 1,
2019, all funds in the Fund shall be available for
expenditure without further appropriation.
(d) Limitation on Contributions.--Payments made by long-
term contractors who receive water from the Friant Division
and Hidden and Buchanan Units of the Central Valley Project
pursuant to sections 3406(c)(1) and 3407(d)(2) of the
Reclamation Projects Authorization and Adjustment Act of 1992
(Public Law 102-575; 106 Stat. 4721, 4727) and payments made
pursuant to paragraph 16(b)(3) of the Settlement and
subsection (c)(1)(B) shall be the limitation of such
entities' direct financial contribution to the Settlement,
subject to the terms and conditions of paragraph 21 of the
Settlement.
(e) No Additional Expenditures Required.--Nothing in this
part shall be construed to require a Federal official to
expend Federal funds not appropriated by Congress, or to seek
the appropriation of additional funds by Congress, for the
implementation of the Settlement.
(f) Reach 4B.--
(1) Study.--
(A) In general.--In accordance with the Settlement and the
memorandum of understanding executed pursuant to paragraph 6
of the Settlement, the Secretary shall conduct a study that
specifies--
(i) the costs of undertaking any work required under
paragraph 11(a)(3) of the Settlement to increase the capacity
of reach 4B prior to reinitiation of Restoration Flows;
(ii) the impacts associated with reinitiation of such
flows; and
(iii) measures that shall be implemented to mitigate
impacts.
(B) Deadline.--The study under subparagraph (A) shall be
completed prior to restoration of any flows other than
Interim Flows.
(2) Report.--
(A) In general.--The Secretary shall file a report with
Congress not later than 90 days after issuing a
determination, as required by the Settlement, on whether to
expand channel conveyance capacity to 4500 cubic feet per
second in reach 4B of the San Joaquin River, or use an
alternative route for pulse flows, that--
(i) explains whether the Secretary has decided to expand
Reach 4B capacity to 4500 cubic feet per second; and
(ii) addresses the following matters:
(I) The basis for the Secretary's determination, whether
set out in environmental review documents or otherwise, as to
whether the expansion of Reach 4B would be the preferable
means to achieve the Restoration Goal as provided in the
Settlement, including how different factors were assessed
such as comparative biological and habitat benefits,
comparative costs, relative availability of State cost-
sharing funds, and the comparative benefits and impacts on
water temperature, water supply, private property, and local
and downstream flood control.
(II) The Secretary's final cost estimate for expanding
Reach 4B capacity to 4500 cubic feet per second, or any
alternative route selected, as well as the alternative cost
estimates provided by the State, by the Restoration
Administrator, and by the other parties to the Settlement.
(III) The Secretary's plan for funding the costs of
expanding Reach 4B or any alternative route selected, whether
by existing Federal funds provided under this subtitle, by
non-Federal funds, by future Federal appropriations, or some
combination of such sources.
(B) Determination required.--The Secretary shall, to the
extent feasible, make the determination in subparagraph (A)
prior to undertaking any substantial construction work to
increase capacity in reach 4B.
(3) Costs.--If the Secretary's estimated Federal cost for
expanding reach 4B in paragraph (2), in light of the
Secretary's funding plan set out in that paragraph, would
exceed the remaining Federal funding authorized by this part
(including all funds reallocated, all funds dedicated, and
all new funds authorized by this part and separate from all
commitments of State and other non-Federal funds and in-kind
commitments), then before the Secretary commences actual
construction work in reach 4B (other than planning, design,
feasibility, or other preliminary measures) to expand
capacity to 4500 cubic feet per second to implement this
Settlement, Congress must have increased the applicable
authorization ceiling provided by this part in an amount at
least sufficient to cover the higher estimated Federal costs.
SEC. 10010. REPAYMENT CONTRACTS AND ACCELERATION OF REPAYMENT
OF CONSTRUCTION COSTS.
(a) Conversion of Contracts.--
(1) The Secretary is authorized and directed to convert,
prior to December 31, 2010, all existing long-term contracts
with the following Friant Division, Hidden Unit, and Buchanan
Unit contractors, entered under subsection (e) of section 9
of the Act of August 4, 1939 (53 Stat. 1196), to contracts
under subsection (d) of section 9 of said Act (53 Stat.
1195), under mutually agreeable terms and conditions: Arvin-
Edison Water Storage District; Delano-Earlimart Irrigation
District; Exeter Irrigation District; Fresno Irrigation
District; Ivanhoe Irrigation District; Lindmore Irrigation
District; Lindsay-Strathmore Irrigation District; Lower Tule
River Irrigation District; Orange Cove Irrigation District;
Porterville Irrigation District; Saucelito Irrigation
District; Shafter-Wasco Irrigation District; Southern San
Joaquin Municipal Utility District; Stone Corral Irrigation
District; Tea Pot Dome Water District; Terra Bella Irrigation
District; Tulare Irrigation District; Madera Irrigation
District; and Chowchilla Water District. Upon request of the
contractor, the Secretary is authorized to convert, prior to
December 31, 2010, other existing long-term contracts with
Friant Division contractors entered under subsection (e) of
section 9 of the Act of August 4, 1939 (53 Stat. 1196), to
contracts under subsection (d) of section 9 of said Act (53
Stat. 1195), under mutually agreeable terms and conditions.
(2) Upon request of the contractor, the Secretary is
further authorized to convert, prior to December 31, 2010,
any existing Friant Division long-term contract entered under
subsection (c)(2) of section 9 of the Act of August 4, 1939
(53 Stat. 1194), to a contract under subsection (c)(1) of
section 9 of said Act, under mutually agreeable terms and
conditions.
(3) All such contracts entered into pursuant to paragraph
(1) shall--
(A) require the repayment, either in lump sum or by
accelerated prepayment, of the remaining amount of
construction costs identified in the Central Valley Project
Schedule of Irrigation Capital Rates by Contractor 2007
Irrigation Water Rates, dated January 25, 2007, as adjusted
to reflect payments not reflected in such schedule, and
properly assignable for ultimate return by the contractor, no
later than January 31, 2011, or if made in approximately
equal annual installments, no later than January 31, 2014;
such amount to be discounted by \1/2\ the Treasury Rate. An
estimate of the remaining amount of construction costs as of
January 31, 2011, as adjusted, shall be provided by the
Secretary to each contractor no later than June 30, 2010;
(B) require that, notwithstanding subsection (c)(2),
construction costs or other capitalized costs incurred after
the effective date of the contract or not reflected in the
schedule referenced in subparagraph (A), and properly
assignable to such contractor, shall be repaid in not more
than 5 years after notification of the allocation if such
amount is a result of a collective annual
[[Page 8698]]
allocation of capital costs to the contractors exercising
contract conversions under this subsection of less than
$5,000,000. If such amount is $5,000,000 or greater, such
cost shall be repaid as provided by applicable Reclamation
law, provided that the reference to the amount of $5,000,000
shall not be a precedent in any other context;
(C) provide that power revenues will not be available to
aid in repayment of construction costs allocated to
irrigation under the contract; and
(D) conform to the Settlement and this part and shall
continue so long as the contractor pays applicable charges,
consistent with subsection (c)(2) and applicable law.
(4) All such contracts entered into pursuant to paragraph
(2) shall--
(A) require the repayment in lump sum of the remaining
amount of construction costs identified in the most current
version of the Central Valley Project Schedule of Municipal
and Industrial Water Rates, as adjusted to reflect payments
not reflected in such schedule, and properly assignable for
ultimate return by the contractor, no later than January 31,
2014. An estimate of the remaining amount of construction
costs as of January 31, 2014, as adjusted, shall be provided
by the Secretary to each contractor no later than June 30,
2013;
(B) require that, notwithstanding subsection (c)(2),
construction costs or other capitalized costs incurred after
the effective date of the contract or not reflected in the
schedule referenced in subparagraph (A), and properly
assignable to such contractor, shall be repaid in not more
than 5 years after notification of the allocation if such
amount is a result of a collective annual allocation of
capital costs to the contractors exercising contract
conversions under this subsection of less than $5,000,000. If
such amount is $5,000,000 or greater, such cost shall be
repaid as provided by applicable Reclamation law, provided
that the reference to the amount of $5,000,000 shall not be a
precedent in any other context; and
(C) conform to the Settlement and this part and shall
continue so long as the contractor pays applicable charges,
consistent with subsection (c)(2) and applicable law.
(b) Final Adjustment.--The amounts paid pursuant to
subsection (a) shall be subject to adjustment following a
final cost allocation by the Secretary upon completion of the
construction of the Central Valley Project. In the event that
the final cost allocation indicates that the costs properly
assignable to the contractor are greater than what has been
paid by the contractor, the contractor shall be obligated to
pay the remaining allocated costs. The term of such
additional repayment contract shall be no less than 1 year
and no more than 10 years, however, mutually agreeable
provisions regarding the rate of repayment of such amount may
be developed by the parties. In the event that the final cost
allocation indicates that the costs properly assignable to
the contractor are less than what the contractor has paid,
the Secretary is authorized and directed to credit such
overpayment as an offset against any outstanding or future
obligation of the contractor.
(c) Applicability of Certain Provisions.--
(1) Notwithstanding any repayment obligation under
subsection (a)(3)(B) or subsection (b), upon a contractor's
compliance with and discharge of the obligation of repayment
of the construction costs as provided in subsection
(a)(3)(A), the provisions of section 213(a) and (b) of the
Reclamation Reform Act of 1982 (96 Stat. 1269) shall apply to
lands in such district.
(2) Notwithstanding any repayment obligation under
paragraph (3)(B) or (4)(B) of subsection (a), or subsection
(b), upon a contractor's compliance with and discharge of the
obligation of repayment of the construction costs as provided
in paragraphs (3)(A) and (4)(A) of subsection (a), the
Secretary shall waive the pricing provisions of section
3405(d) of the Reclamation Projects Authorization and
Adjustment Act of 1992 (Public Law 102-575) for such
contractor, provided that such contractor shall continue to
pay applicable operation and maintenance costs and other
charges applicable to such repayment contracts pursuant to
the then-current rate-setting policy and applicable law.
(3) Provisions of the Settlement applying to Friant
Division, Hidden Unit, and Buchanan Unit long-term water
service contracts shall also apply to contracts executed
pursuant to this section.
(d) Reduction of Charge for Those Contracts Converted
Pursuant to Subsection (a)(1).--
(1) At the time all payments by the contractor required by
subsection (a)(3)(A) have been completed, the Secretary shall
reduce the charge mandated in section 10007(1) of this part,
from 2020 through 2039, to offset the financing costs as
defined in section 10010(d)(3). The reduction shall be
calculated at the time all payments by the contractor
required by subsection (a)(3)(A) have been completed. The
calculation shall remain fixed from 2020 through 2039 and
shall be based upon anticipated average annual water
deliveries, as mutually agreed upon by the Secretary and the
contractor, for the period from 2020 through 2039, and the
amounts of such reductions shall be discounted using the
Treasury Rate; provided, that such charge shall not be
reduced to less than $4.00 per acre foot of project water
delivered; provided further, that such reduction shall be
implemented annually unless the Secretary determines, based
on the availability of other monies, that the charges
mandated in section 10007(1) are otherwise needed to cover
ongoing federal costs of the Settlement, including any
federal operation and maintenance costs of facilities that
the Secretary determines are needed to implement the
Settlement. If the Secretary determines that such charges are
necessary to cover such ongoing federal costs, the Secretary
shall, instead of making the reduction in such charges,
reduce the contractor's operation and maintenance obligation
by an equivalent amount, and such amount shall not be
recovered by the United States from any Central Valley
Project contractor, provided nothing herein shall affect the
obligation of the contractor to make payments pursuant to a
transfer agreement with a non-federal operating entity.
(2) If the calculated reduction in paragraph (1), taking
into consideration the minimum amount required, does not
result in the contractor offsetting its financing costs, the
Secretary is authorized and directed to reduce, after October
1, 2019, any outstanding or future obligations of the
contractor to the Bureau of Reclamation, other than the
charge assessed and collected under section 3407(d) of Public
law 102-575, by the amount of such deficiency, with such
amount indexed to 2020 using the Treasury Rate and such
amount shall not be recovered by the United States from any
Central Valley Project contractor, provided nothing herein
shall affect the obligation of the contractor to make
payments pursuant to a transfer agreement with a non-Federal
operating entity.
(3) Financing costs, for the purposes of this subsection,
shall be computed as the difference of the net present value
of the construction cost identified in subsection (a)(3)(A)
using the full Treasury Rate as compared to using one half of
the Treasury Rate and applying those rates against a
calculated average annual capital repayment through 2030.
(4) Effective in 2040, the charge shall revert to the
amount called for in section 10007(1) of this part.
(5) For purposes of this section, ``Treasury Rate'' shall
be defined as the 20 year Constant Maturity Treasury (CMT)
rate published by the United States Department of the
Treasury as of October 1, 2010.
(e) Satisfaction of Certain Provisions.--
(1) In general.--Upon the first release of Interim Flows or
Restoration Flows, pursuant to paragraphs 13 or 15 of the
Settlement, any short- or long-term agreement, to which 1 or
more long-term Friant Division, Hidden Unit, or Buchanan Unit
contractor that converts its contract pursuant to subsection
(a) is a party, providing for the transfer or exchange of
water not released as Interim Flows or Restoration Flows
shall be deemed to satisfy the provisions of subsection
3405(a)(1)(A) and (I) of the Reclamation Projects
Authorization and Adjustment Act of 1992 (Public Law 102-575)
without the further concurrence of the Secretary as to
compliance with said subsections if the contractor provides,
not later than 90 days before commencement of any such
transfer or exchange for a period in excess of 1 year, and
not later than 30 days before commencement of any proposed
transfer or exchange with duration of less than 1 year,
written notice to the Secretary stating how the proposed
transfer or exchange is intended to reduce, avoid, or
mitigate impacts to water deliveries caused by the Interim
Flows or Restoration Flows or is intended to otherwise
facilitate the Water Management Goal, as described in the
Settlement. The Secretary shall promptly make such notice
publicly available.
(2) Determination of reductions to water deliveries.--Water
transferred or exchanged under an agreement that meets the
terms of this subsection shall not be counted as a
replacement or an offset for purposes of determining
reductions to water deliveries to any Friant Division long-
term contractor except as provided in paragraph 16(b) of the
Settlement. The Secretary shall, at least annually, make
publicly available a compilation of the number of transfer or
exchange agreements exercising the provisions of this
subsection to reduce, avoid, or mitigate impacts to water
deliveries caused by the Interim Flows or Restoration Flows
or to facilitate the Water Management Goal, as well as the
volume of water transferred or exchanged under such
agreements.
(3) State law.--Nothing in this subsection alters State law
or permit conditions, including any applicable geographical
restrictions on the place of use of water transferred or
exchanged pursuant to this subsection.
(f) Certain Repayment Obligations Not Altered.--
Implementation of the provisions of this section shall not
alter the repayment obligation of any other long-term water
service or repayment contractor receiving water from the
Central Valley Project, or shift any costs that would
otherwise have been properly assignable to the Friant
contractors absent this section, including operations and
maintenance costs, construction costs, or other capitalized
costs incurred after the date of enactment of this Act, to
other such contractors.
(g) Statutory Interpretation.--Nothing in this part shall
be construed to affect the right of any Friant Division,
Hidden Unit, or Buchanan Unit long-term contractor to use a
particular type of financing to make the payments required in
paragraph (3)(A) or (4)(A) of subsection (a).
SEC. 10011. CALIFORNIA CENTRAL VALLEY SPRING RUN CHINOOK
SALMON.
(a) Finding.--Congress finds that the implementation of the
Settlement to resolve 18 years of contentious litigation
regarding restoration of the San Joaquin River and the
reintroduction of the California Central Valley Spring Run
Chinook salmon is a unique and unprecedented circumstance
that requires clear expressions of Congressional intent
regarding how the provisions of the Endangered Species Act of
1973 (16
[[Page 8699]]
U.S.C. 1531 et seq.) are utilized to achieve the goals of
restoration of the San Joaquin River and the successful
reintroduction of California Central Valley Spring Run
Chinook salmon.
(b) Reintroduction in the San Joaquin River.--California
Central Valley Spring Run Chinook salmon shall be
reintroduced in the San Joaquin River below Friant Dam
pursuant to section 10(j) of the Endangered Species Act of
1973 (16 U.S.C. 1539(j)) and the Settlement, provided that
the Secretary of Commerce finds that a permit for the
reintroduction of California Central Valley Spring Run
Chinook salmon may be issued pursuant to section 10(a)(1)(A)
of the Endangered Species Act of 1973 (16 U.S.C.
1539(a)(1)(A)).
(c) Final Rule.--
(1) Definition of third party.--For the purpose of this
subsection, the term ``third party'' means persons or
entities diverting or receiving water pursuant to applicable
State and Federal laws and shall include Central Valley
Project contractors outside of the Friant Division of the
Central Valley Project and the State Water Project.
(2) Issuance.--The Secretary of Commerce shall issue a
final rule pursuant to section 4(d) of the Endangered Species
Act of 1973 (16 U.S.C. 1533(d)) governing the incidental take
of reintroduced California Central Valley Spring Run Chinook
salmon prior to the reintroduction.
(3) Required components.--The rule issued under paragraph
(2) shall provide that the reintroduction will not impose
more than de minimus: water supply reductions, additional
storage releases, or bypass flows on unwilling third parties
due to such reintroduction.
(4) Applicable law.--Nothing in this section--
(A) diminishes the statutory or regulatory protections
provided in the Endangered Species Act of 1973 for any
species listed pursuant to section 4 of the Endangered
Species Act of 1973 (16 U.S.C. 1533) other than the
reintroduced population of California Central Valley Spring
Run Chinook salmon, including protections pursuant to
existing biological opinions or new biological opinions
issued by the Secretary or Secretary of Commerce; or
(B) precludes the Secretary or Secretary of Commerce from
imposing protections under the Endangered Species Act of 1973
(16 U.S.C. 1531 et seq.) for other species listed pursuant to
section 4 of that Act (16 U.S.C. 1533) because those
protections provide incidental benefits to such reintroduced
California Central Valley Spring Run Chinook salmon.
(d) Report.--
(1) In general.--Not later than December 31, 2024, the
Secretary of Commerce shall report to Congress on the
progress made on the reintroduction set forth in this section
and the Secretary's plans for future implementation of this
section.
(2) Inclusions.--The report under paragraph (1) shall
include--
(A) an assessment of the major challenges, if any, to
successful reintroduction;
(B) an evaluation of the effect, if any, of the
reintroduction on the existing population of California
Central Valley Spring Run Chinook salmon existing on the
Sacramento River or its tributaries; and
(C) an assessment regarding the future of the
reintroduction.
(e) FERC Projects.--
(1) In general.--With regard to California Central Valley
Spring Run Chinook salmon reintroduced pursuant to the
Settlement, the Secretary of Commerce shall exercise its
authority under section 18 of the Federal Power Act (16
U.S.C. 811) by reserving its right to file prescriptions in
proceedings for projects licensed by the Federal Energy
Regulatory Commission on the Calaveras, Stanislaus, Tuolumne,
Merced, and San Joaquin rivers and otherwise consistent with
subsection (c) until after the expiration of the term of the
Settlement, December 31, 2025, or the expiration of the
designation made pursuant to subsection (b), whichever ends
first.
(2) Effect of subsection.--Nothing in this subsection shall
preclude the Secretary of Commerce from imposing
prescriptions pursuant to section 18 of the Federal Power Act
(16 U.S.C. 811) solely for other anadromous fish species
because those prescriptions provide incidental benefits to
such reintroduced California Central Valley Spring Run
Chinook salmon.
(f) Effect of Section.--Nothing in this section is intended
or shall be construed--
(1) to modify the Endangered Species Act of 1973 (16 U.S.C.
1531 et seq.) or the Federal Power Act (16 U.S.C. 791a et
seq.); or
(2) to establish a precedent with respect to any other
application of the Endangered Species Act of 1973 (16 U.S.C.
1531 et seq.) or the Federal Power Act (16 U.S.C. 791a et
seq.).
PART II--STUDY TO DEVELOP WATER PLAN; REPORT
SEC. 10101. STUDY TO DEVELOP WATER PLAN; REPORT.
(a) Plan.--
(1) Grant.--To the extent that funds are made available in
advance for this purpose, the Secretary of the Interior,
acting through the Bureau of Reclamation, shall provide
direct financial assistance to the California Water
Institute, located at California State University, Fresno,
California, to conduct a study regarding the coordination and
integration of sub-regional integrated regional water
management plans into a unified Integrated Regional Water
Management Plan for the subject counties in the hydrologic
basins that would address issues related to--
(A) water quality;
(B) water supply (both surface, ground water banking, and
brackish water desalination);
(C) water conveyance;
(D) water reliability;
(E) water conservation and efficient use (by distribution
systems and by end users);
(F) flood control;
(G) water resource-related environmental enhancement; and
(H) population growth.
(2) Study area.--The study area referred to in paragraph
(1) is the proposed study area of the San Joaquin River
Hydrologic Region and Tulare Lake Hydrologic Region, as
defined by California Department of Water Resources Bulletin
160-05, volume 3, chapters 7 and 8, including Kern, Tulare,
Kings, Fresno, Madera, Merced, Stanislaus, and San Joaquin
counties in California.
(b) Use of Plan.--The Integrated Regional Water Management
Plan developed for the 2 hydrologic basins under subsection
(a) shall serve as a guide for the counties in the study area
described in subsection (a)(2) to use as a mechanism to
address and solve long-term water needs in a sustainable and
equitable manner.
(c) Report.--The Secretary shall ensure that a report
containing the results of the Integrated Regional Water
Management Plan for the hydrologic regions is submitted to
the Committee on Energy and Natural Resources of the Senate
and the Committee on Natural Resources of the House of
Representatives not later than 24 months after financial
assistance is made available to the California Water
Institute under subsection (a)(1).
(d) Authorization of Appropriations.--There are authorized
to be appropriated to carry out this section $1,000,000 to
remain available until expended.
PART III--FRIANT DIVISION IMPROVEMENTS
SEC. 10201. FEDERAL FACILITY IMPROVEMENTS.
(a) The Secretary of the Interior (hereafter referred to as
the ``Secretary'') is authorized and directed to conduct
feasibility studies in coordination with appropriate Federal,
State, regional, and local authorities on the following
improvements and facilities in the Friant Division, Central
Valley Project, California:
(1) Restoration of the capacity of the Friant-Kern Canal
and Madera Canal to such capacity as previously designed and
constructed by the Bureau of Reclamation.
(2) Reverse flow pump-back facilities on the Friant-Kern
Canal, with reverse-flow capacity of approximately 500 cubic
feet per second at the Poso and Shafter Check Structures and
approximately 300 cubic feet per second at the Woollomes
Check Structure.
(b) Upon completion of and consistent with the applicable
feasibility studies, the Secretary is authorized to construct
the improvements and facilities identified in subsection (a)
in accordance with all applicable Federal and State laws.
(c) The costs of implementing this section shall be in
accordance with section 10203, and shall be a nonreimbursable
Federal expenditure.
SEC. 10202. FINANCIAL ASSISTANCE FOR LOCAL PROJECTS.
(a) Authorization.--The Secretary is authorized to provide
financial assistance to local agencies within the Central
Valley Project, California, for the planning, design,
environmental compliance, and construction of local
facilities to bank water underground or to recharge
groundwater, and that recover such water, provided that the
project meets the criteria in subsection (b). The Secretary
is further authorized to require that any such local agency
receiving financial assistance under the terms of this
section submit progress reports and accountings to the
Secretary, as the Secretary deems appropriate, which such
reports shall be publicly available.
(b) Criteria.--
(1) A project shall be eligible for Federal financial
assistance under subsection (a) only if all or a portion of
the project is designed to reduce, avoid, or offset the
quantity of the expected water supply impacts to Friant
Division long-term contractors caused by the Interim or
Restoration Flows authorized in part I of this subtitle, and
such quantities have not already been reduced, avoided, or
offset by other programs or projects.
(2) Federal financial assistance shall only apply to the
portion of a project that the local agency designates as
reducing, avoiding, or offsetting the expected water supply
impacts caused by the Interim or Restoration Flows authorized
in part I of this subtitle, consistent with the methodology
developed pursuant to paragraph (3)(C).
(3) No Federal financial assistance shall be provided by
the Secretary under this part for construction of a project
under subsection (a) unless the Secretary--
(A) determines that appropriate planning, design, and
environmental compliance activities associated with such a
project have been completed, and that the Secretary has been
offered the opportunity to participate in the project at a
price that is no higher than the local agency's own costs, in
order to secure necessary storage, extraction, and conveyance
rights for water that may be needed to meet the Restoration
Goal as described in part I of this subtitle, where such
project has capacity beyond that designated for the purposes
in paragraph (2) or where it is feasible to expand such
project to allow participation by the Secretary;
(B) determines, based on information available at the time,
that the local agency has the
[[Page 8700]]
financial capability and willingness to fund its share of the
project's construction and all operation and maintenance
costs on an annual basis;
(C) determines that a method acceptable to the Secretary
has been developed for quantifying the benefit, in terms of
reduction, avoidance, or offset of the water supply impacts
expected to be caused by the Interim or Restoration Flows
authorized in part I of this subtitle, that will result from
the project, and for ensuring appropriate adjustment in the
recovered water account pursuant to section 10004(a)(5); and
(D) has entered into a cost-sharing agreement with the
local agency which commits the local agency to funding its
share of the project's construction costs on an annual basis.
(c) Guidelines.--Within 1 year from the date of enactment
of this part, the Secretary shall develop, in consultation
with the Friant Division long-term contractors, proposed
guidelines for the application of the criteria defined in
subsection (b), and will make the proposed guidelines
available for public comment. Such guidelines may consider
prioritizing the distribution of available funds to projects
that provide the broadest benefit within the affected area
and the equitable allocation of funds. Upon adoption of such
guidelines, the Secretary shall implement such assistance
program, subject to the availability of funds appropriated
for such purpose.
(d) Cost Sharing.--The Federal financial assistance
provided to local agencies under subsection (a) shall not
exceed--
(1) 50 percent of the costs associated with planning,
design, and environmental compliance activities associated
with such a project; and
(2) 50 percent of the costs associated with construction of
any such project.
(e) Project Ownership.--
(1) Title to, control over, and operation of, projects
funded under subsection (a) shall remain in one or more non-
Federal local agencies. Nothing in this part authorizes the
Secretary to operate a groundwater bank along or adjacent to
the San Joaquin River upstream of the confluence with the
Merced River, and any such groundwater bank shall be operated
by a non-Federal entity. All projects funded pursuant to this
subsection shall comply with all applicable Federal and State
laws, including provisions of California water law.
(2) All operation, maintenance, and replacement and
rehabilitation costs of such projects shall be the
responsibility of the local agency. The Secretary shall not
provide funding for any operation, maintenance, or
replacement and rehabilitation costs of projects funded under
subsection (a).
SEC. 10203. AUTHORIZATION OF APPROPRIATIONS.
(a) The Secretary is authorized and directed to use monies
from the fund established under section 10009 to carry out
the provisions of section 10201(a)(1), in an amount not to
exceed $35,000,000.
(b) In addition to the funds made available pursuant to
subsection (a), the Secretary is also authorized to expend
such additional funds from the fund established under section
10009 to carry out the purposes of section 10201(a)(2), if
such facilities have not already been authorized and funded
under the plan provided for pursuant to section 10004(a)(4),
in an amount not to exceed $17,000,000, provided that the
Secretary first determines that such expenditure will not
conflict with or delay his implementation of actions required
by part I of this subtitle. Notice of the Secretary's
determination shall be published not later than his
submission of the report to Congress required by section
10009(f)(2).
(c) In addition to funds made available in subsections (a)
and (b), there are authorized to be appropriated $50,000,000
(October 2008 price levels) to carry out the purposes of this
part which shall be non-reimbursable.
Subtitle B--Northwestern New Mexico Rural Water Projects
SEC. 10301. SHORT TITLE.
This subtitle may be cited as the ``Northwestern New Mexico
Rural Water Projects Act''.
SEC. 10302. DEFINITIONS.
In this subtitle:
(1) Aamodt adjudication.--The term ``Aamodt adjudication''
means the general stream adjudication that is the subject of
the civil action entitled ``State of New Mexico, ex rel.
State Engineer and United States of America, Pueblo de Nambe,
Pueblo de Pojoaque, Pueblo de San Ildefonso, and Pueblo de
Tesuque v. R. Lee Aamodt, et al.'', No. 66 CV 6639 MV/LCS
(D.N.M.).
(2) Abeyta adjudication.--The term ``Abeyta adjudication''
means the general stream adjudication that is the subject of
the civil actions entitled ``State of New Mexico v. Abeyta
and State of New Mexico v. Arrellano'', Civil Nos. 7896-BB
(D.N.M) and 7939-BB (D.N.M.) (consolidated).
(3) Acre-feet.--The term ``acre-feet'' means acre-feet per
year.
(4) Agreement.--The term ``Agreement'' means the agreement
among the State of New Mexico, the Nation, and the United
States setting forth a stipulated and binding agreement
signed by the State of New Mexico and the Nation on April 19,
2005.
(5) Allottee.--The term ``allottee'' means a person that
holds a beneficial real property interest in a Navajo
allotment that--
(A) is located within the Navajo Reservation or the State
of New Mexico;
(B) is held in trust by the United States; and
(C) was originally granted to an individual member of the
Nation by public land order or otherwise.
(6) Animas-la plata project.--The term ``Animas-La Plata
Project'' has the meaning given the term in section 3 of
Public Law 100-585 (102 Stat. 2973), including Ridges Basin
Dam, Lake Nighthorse, the Navajo Nation Municipal Pipeline,
and any other features or modifications made pursuant to the
Colorado Ute Settlement Act Amendments of 2000 (Public Law
106-554; 114 Stat. 2763A-258).
(7) City.--The term ``City'' means the city of Gallup, New
Mexico, or a designee of the City, with authority to provide
water to the Gallup, New Mexico service area.
(8) Colorado river compact.--The term ``Colorado River
Compact'' means the Colorado River Compact of 1922 as
approved by Congress in the Act of December 21, 1928 (45
Stat. 1057) and by the Presidential Proclamation of June 25,
1929 (46 Stat. 3000).
(9) Colorado river system.--The term ``Colorado River
System'' has the same meaning given the term in Article II(a)
of the Colorado River Compact.
(10) Compact.--The term ``Compact'' means the Upper
Colorado River Basin Compact as consented to by the Act of
April 6, 1949 (63 Stat. 31, chapter 48).
(11) Contract.--The term ``Contract'' means the contract
between the United States and the Nation setting forth
certain commitments, rights, and obligations of the United
States and the Nation, as described in paragraph 6.0 of the
Agreement.
(12) Depletion.--The term ``depletion'' means the depletion
of the flow of the San Juan River stream system in the State
of New Mexico by a particular use of water (including any
depletion incident to the use) and represents the diversion
from the stream system by the use, less return flows to the
stream system from the use.
(13) Draft impact statement.--The term ``Draft Impact
Statement'' means the draft environmental impact statement
prepared by the Bureau of Reclamation for the Project dated
March 2007.
(14) Fund.--The term ``Fund'' means the Reclamation Waters
Settlements Fund established by section 10501(a).
(15) Hydrologic determination.--The term ``hydrologic
determination'' means the hydrologic determination entitled
``Water Availability from Navajo Reservoir and the Upper
Colorado River Basin for Use in New Mexico,'' prepared by the
Bureau of Reclamation pursuant to section 11 of the Act of
June 13, 1962 (Public Law 87-483; 76 Stat. 99), and dated May
23, 2007.
(16) Lower basin.--The term ``Lower Basin'' has the same
meaning given the term in Article II(g) of the Colorado River
Compact.
(17) Nation.--The term ``Nation'' means the Navajo Nation,
a body politic and federally-recognized Indian nation as
provided for in section 101(2) of the Federally Recognized
Indian Tribe List of 1994 (25 U.S.C. 497a(2)), also known
variously as the ``Navajo Tribe,'' the ``Navajo Tribe of
Arizona, New Mexico & Utah,'' and the ``Navajo Tribe of
Indians'' and other similar names, and includes all bands of
Navajo Indians and chapters of the Navajo Nation.
(18) Navajo-gallup water supply project; project.--The term
``Navajo-Gallup Water Supply Project'' or ``Project'' means
the Navajo-Gallup Water Supply Project authorized under
section 10602(a), as described as the preferred alternative
in the Draft Impact Statement.
(19) Navajo indian irrigation project.--The term ``Navajo
Indian Irrigation Project'' means the Navajo Indian
irrigation project authorized by section 2 of Public Law 87-
483 (76 Stat. 96).
(20) Navajo reservoir.--The term ``Navajo Reservoir'' means
the reservoir created by the impoundment of the San Juan
River at Navajo Dam, as authorized by the Act of April 11,
1956 (commonly known as the ``Colorado River Storage Project
Act'') (43 U.S.C. 620 et seq.).
(21) Navajo nation municipal pipeline; pipeline.--The term
``Navajo Nation Municipal Pipeline'' or ``Pipeline'' means
the pipeline used to convey the water of the Animas-La Plata
Project of the Navajo Nation from the City of Farmington, New
Mexico, to communities of the Navajo Nation located in close
proximity to the San Juan River Valley in the State of New
Mexico (including the City of Shiprock), as authorized by
section 15(b) of the Colorado Ute Indian Water Rights
Settlement Act of 1988 (Public Law 100-585; 102 Stat. 2973;
114 Stat. 2763A-263).
(22) Non-navajo irrigation districts.--The term ``Non-
Navajo Irrigation Districts'' means--
(A) the Hammond Conservancy District;
(B) the Bloomfield Irrigation District; and
(C) any other community ditch organization in the San Juan
River basin in the State of New Mexico.
(23) Partial final decree.--The term ``Partial Final
Decree'' means a final and binding judgment and decree
entered by a court in the stream adjudication, setting forth
the rights of the Nation to use and administer waters of the
San Juan River Basin in New Mexico, as set forth in Appendix
1 of the Agreement.
(24) Project participants.--The term ``Project
Participants'' means the City, the Nation, and the Jicarilla
Apache Nation.
(25) San juan river basin recovery implementation
program.--The term ``San Juan River Basin Recovery
Implementation Program'' means the intergovernmental program
established pursuant to the cooperative agreement dated
October 21, 1992 (including any amendments to the program).
(26) Secretary.--The term ``Secretary'' means the Secretary
of the Interior, acting through the Commissioner of
Reclamation or any other designee.
(27) Stream adjudication.--The term ``stream adjudication''
means the general stream
[[Page 8701]]
adjudication that is the subject of New Mexico v. United
States, et al., No. 75-185 (11th Jud. Dist., San Juan County,
New Mexico) (involving claims to waters of the San Juan River
and the tributaries of that river).
(28) Supplemental partial final decree.--The term
``Supplemental Partial Final Decree'' means a final and
binding judgment and decree entered by a court in the stream
adjudication, setting forth certain water rights of the
Nation, as set forth in Appendix 2 of the Agreement.
(29) Trust fund.--The term ``Trust Fund'' means the Navajo
Nation Water Resources Development Trust Fund established by
section 10702(a).
(30) Upper basin.--The term ``Upper Basin'' has the same
meaning given the term in Article II(f) of the Colorado River
Compact.
SEC. 10303. COMPLIANCE WITH ENVIRONMENTAL LAWS.
(a) Effect of Execution of Agreement.--The execution of the
Agreement under section 10701(a)(2) shall not constitute a
major Federal action under the National Environmental Policy
Act of 1969 (42 U.S.C. 4321 et seq.).
(b) Compliance With Environmental Laws.--In carrying out
this subtitle, the Secretary shall comply with each law of
the Federal Government relating to the protection of the
environment, including--
(1) the National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.); and
(2) the Endangered Species Act of 1973 (16 U.S.C. 1531 et
seq.).
SEC. 10304. NO REALLOCATION OF COSTS.
(a) Effect of Act.--Notwithstanding any other provision of
law, the Secretary shall not reallocate or reassign any costs
of projects that have been authorized under the Act of April
11, 1956 (commonly known as the ``Colorado River Storage
Project Act'') (43 U.S.C. 620 et seq.), as of the date of
enactment of this Act because of--
(1) the authorization of the Navajo-Gallup Water Supply
Project under this subtitle; or
(2) the changes in the uses of the water diverted by the
Navajo Indian Irrigation Project or the waters stored in the
Navajo Reservoir authorized under this subtitle.
(b) Use of Power Revenues.--Notwithstanding any other
provision of law, no power revenues under the Act of April
11, 1956 (commonly known as the ``Colorado River Storage
Project Act'') (43 U.S.C. 620 et seq.), shall be used to pay
or reimburse any costs of the Navajo Indian Irrigation
Project or Navajo-Gallup Water Supply Project.
SEC. 10305. INTEREST RATE.
Notwithstanding any other provision of law, the interest
rate applicable to any repayment contract entered into under
section 10604 shall be equal to the discount rate for Federal
water resources planning, as determined by the Secretary.
PART I--AMENDMENTS TO THE COLORADO RIVER STORAGE PROJECT ACT AND PUBLIC
LAW 87-483
SEC. 10401. AMENDMENTS TO THE COLORADO RIVER STORAGE PROJECT
ACT.
(a) Participating Projects.--Paragraph (2) of the first
section of the Act of April 11, 1956 (commonly known as the
``Colorado River Storage Project Act'') (43 U.S.C. 620(2)) is
amended by inserting ``the Navajo-Gallup Water Supply
Project,'' after ``Fruitland Mesa,''.
(b) Navajo Reservoir Water Bank.--The Act of April 11, 1956
(commonly known as the ``Colorado River Storage Project
Act'') is amended--
(1) by redesignating section 16 (43 U.S.C. 620o) as section
17; and
(2) by inserting after section 15 (43 U.S.C. 620n) the
following:
``Sec. 16. (a) The Secretary of the Interior may create and
operate within the available capacity of Navajo Reservoir a
top water bank.
``(b) Water made available for the top water bank in
accordance with subsections (c) and (d) shall not be subject
to section 11 of Public Law 87-483 (76 Stat. 99).
``(c) The top water bank authorized under subsection (a)
shall be operated in a manner that--
``(1) is consistent with applicable law, except that,
notwithstanding any other provision of law, water for
purposes other than irrigation may be stored in the Navajo
Reservoir pursuant to the rules governing the top water bank
established under this section; and
``(2) does not impair the ability of the Secretary of the
Interior to deliver water under contracts entered into
under--
``(A) Public Law 87-483 (76 Stat. 96); and
``(B) New Mexico State Engineer File Nos. 2847, 2848, 2849,
and 2917.
``(d)(1) The Secretary of the Interior, in cooperation with
the State of New Mexico (acting through the Interstate Stream
Commission), shall develop any terms and procedures for the
storage, accounting, and release of water in the top water
bank that are necessary to comply with subsection (c).
``(2) The terms and procedures developed under paragraph
(1) shall include provisions requiring that--
``(A) the storage of banked water shall be subject to
approval under State law by the New Mexico State Engineer to
ensure that impairment of any existing water right does not
occur, including storage of water under New Mexico State
Engineer File No. 2849;
``(B) water in the top water bank be subject to evaporation
and other losses during storage;
``(C) water in the top water bank be released for delivery
to the owner or assigns of the banked water on request of the
owner, subject to reasonable scheduling requirements for
making the release;
``(D) water in the top water bank be the first water
spilled or released for flood control purposes in
anticipation of a spill, on the condition that top water bank
water shall not be released or included for purposes of
calculating whether a release should occur for purposes of
satisfying the flow recommendations of the San Juan River
Basin Recovery Implementation Program; and
``(E) water eligible for banking in the top water bank
shall be water that otherwise would have been diverted and
beneficially used in New Mexico that year.
``(e) The Secretary of the Interior may charge fees to
water users that use the top water bank in amounts sufficient
to cover the costs incurred by the United States in
administering the water bank.''.
SEC. 10402. AMENDMENTS TO PUBLIC LAW 87-483.
(a) Navajo Indian Irrigation Project.--Public Law 87-483
(76 Stat. 96) is amended by striking section 2 and inserting
the following:
``Sec. 2. (a) In accordance with the Act of April 11, 1956
(commonly known as the `Colorado River Storage Project Act')
(43 U.S.C. 620 et seq.), the Secretary of the Interior is
authorized to construct, operate, and maintain the Navajo
Indian Irrigation Project to provide irrigation water to a
service area of not more than 110,630 acres of land.
``(b)(1) Subject to paragraph (2), the average annual
diversion by the Navajo Indian Irrigation Project from the
Navajo Reservoir over any consecutive 10-year period shall be
the lesser of--
``(A) 508,000 acre-feet per year; or
``(B) the quantity of water necessary to supply an average
depletion of 270,000 acre-feet per year.
``(2) The quantity of water diverted for any 1 year shall
not exceed the average annual diversion determined under
paragraph (1) by more than 15 percent.
``(c) In addition to being used for irrigation, the water
diverted by the Navajo Indian Irrigation Project under
subsection (b) may be used within the area served by Navajo
Indian Irrigation Project facilities for the following
purposes:
``(1) Aquaculture purposes, including the rearing of fish
in support of the San Juan River Basin Recovery
Implementation Program authorized by Public Law 106-392 (114
Stat. 1602).
``(2) Domestic, industrial, or commercial purposes relating
to agricultural production and processing.
``(3)(A) The generation of hydroelectric power as an
incident to the diversion of water by the Navajo Indian
Irrigation Project for authorized purposes.
``(B) Notwithstanding any other provision of law--
``(i) any hydroelectric power generated under this
paragraph shall be used or marketed by the Navajo Nation;
``(ii) the Navajo Nation shall retain any revenues from the
sale of the hydroelectric power; and
``(iii) the United States shall have no trust obligation to
monitor, administer, or account for the revenues received by
the Navajo Nation, or the expenditure of the revenues.
``(4) The implementation of the alternate water source
provisions described in subparagraph 9.2 of the agreement
executed under section 10701(a)(2) of the Northwestern New
Mexico Rural Water Projects Act.
``(d) The Navajo Indian Irrigation Project water diverted
under subsection (b) may be transferred to areas located
within or outside the area served by Navajo Indian Irrigation
Project facilities, and within or outside the boundaries of
the Navajo Nation, for any beneficial use in accordance
with--
``(1) the agreement executed under section 10701(a)(2) of
the Northwestern New Mexico Rural Water Projects Act;
``(2) the contract executed under section 10604(a)(2)(B) of
that Act; and
``(3) any other applicable law.
``(e) The Secretary may use the capacity of the Navajo
Indian Irrigation Project works to convey water supplies
for--
``(1) the Navajo-Gallup Water Supply Project under section
10602 of the Northwestern New Mexico Rural Water Projects
Act; or
``(2) other nonirrigation purposes authorized under
subsection (c) or (d).
``(f)(1) Repayment of the costs of construction of the
project (as authorized in subsection (a)) shall be in
accordance with the Act of April 11, 1956 (commonly known as
the `Colorado River Storage Project Act') (43 U.S.C. 620 et
seq.), including section 4(d) of that Act.
``(2) The Secretary shall not reallocate, or require
repayment of, construction costs of the Navajo Indian
Irrigation Project because of the conveyance of water
supplies for nonirrigation purposes under subsection (e).''.
(b) Runoff Above Navajo Dam.--Section 11 of Public Law 87-
483 (76 Stat. 100) is amended by adding at the end the
following:
``(d)(1) For purposes of implementing in a year of
prospective shortage the water allocation procedures
established by subsection (a), the Secretary of the Interior
shall determine the quantity of any shortages and the
appropriate apportionment of water using the normal diversion
requirements on the flow of the San Juan River originating
above Navajo Dam based on the following criteria:
``(A) The quantity of diversion or water delivery for the
current year anticipated to be necessary to irrigate land in
accordance with cropping plans prepared by contractors.
``(B) The annual diversion or water delivery demands for
the current year anticipated for non-irrigation uses under
water delivery contracts, including contracts authorized by
the
[[Page 8702]]
Northwestern New Mexico Rural Water Projects Act, but
excluding any current demand for surface water for placement
into aquifer storage for future recovery and use.
``(C) An annual normal diversion demand of 135,000 acre-
feet for the initial stage of the San Juan-Chama Project
authorized by section 8, which shall be the amount to which
any shortage is applied.
``(2) The Secretary shall not include in the normal
diversion requirements--
``(A) the quantity of water that reliably can be
anticipated to be diverted or delivered under a contract from
inflows to the San Juan River arising below Navajo Dam under
New Mexico State Engineer File No. 3215; or
``(B) the quantity of water anticipated to be supplied
through reuse.
``(e)(1) If the Secretary determines that there is a
shortage of water under subsection (a), the Secretary shall
respond to the shortage in the Navajo Reservoir water supply
by curtailing releases and deliveries in the following order:
``(A) The demand for delivery for uses in the State of
Arizona under the Navajo-Gallup Water Supply Project
authorized by section 10603 of the Northwestern New Mexico
Rural Water Projects Act, excluding the quantity of water
anticipated to be diverted for the uses from inflows to the
San Juan River that arise below Navajo Dam in accordance with
New Mexico State Engineer File No. 3215.
``(B) The demand for delivery for uses allocated under
paragraph 8.2 of the agreement executed under section
10701(a)(2) of the Northwestern New Mexico Rural Water
Projects Act, excluding the quantity of water anticipated to
be diverted for such uses under State Engineer File No. 3215.
``(C) The uses in the State of New Mexico that are
determined under subsection (d), in accordance with the
procedure for apportioning the water supply under subsection
(a).
``(2) For any year for which the Secretary determines and
responds to a shortage in the Navajo Reservoir water supply,
the Secretary shall not deliver, and contractors of the water
supply shall not divert, any of the water supply for
placement into aquifer storage for future recovery and use.
``(3) To determine the occurrence and amount of any
shortage to contracts entered into under this section, the
Secretary shall not include as available storage any water
stored in a top water bank in Navajo Reservoir established
under section 16(a) of the Act of April 11, 1956 (commonly
known as the `Colorado River Storage Project Act').
``(f) The Secretary of the Interior shall apportion water
under subsections (a), (d), and (e) on an annual volume
basis.
``(g) The Secretary of the Interior may revise a
determination of shortages, apportionments, or allocations of
water under subsections (a), (d), and (e) on the basis of
information relating to water supply conditions that was not
available at the time at which the determination was made.
``(h) Nothing in this section prohibits the distribution of
water in accordance with cooperative water agreements between
water users providing for a sharing of water supplies.
``(i) Diversions under New Mexico State Engineer File No.
3215 shall be distributed, to the maximum extent water is
available, in proportionate amounts to the diversion demands
of contractors and subcontractors of the Navajo Reservoir
water supply that are diverting water below Navajo Dam.''.
SEC. 10403. EFFECT ON FEDERAL WATER LAW.
Unless expressly provided in this subtitle, nothing in this
subtitle modifies, conflicts with, preempts, or otherwise
affects--
(1) the Boulder Canyon Project Act (43 U.S.C. 617 et seq.);
(2) the Boulder Canyon Project Adjustment Act (54 Stat.
774, chapter 643);
(3) the Act of April 11, 1956 (commonly known as the
``Colorado River Storage Project Act'') (43 U.S.C. 620 et
seq.);
(4) the Act of September 30, 1968 (commonly known as the
``Colorado River Basin Project Act'') (82 Stat. 885);
(5) Public Law 87-483 (76 Stat. 96);
(6) the Treaty between the United States of America and
Mexico respecting utilization of waters of the Colorado and
Tijuana Rivers and of the Rio Grande, signed at Washington
February 3, 1944 (59 Stat. 1219);
(7) the Colorado River Compact of 1922, as approved by the
Presidential Proclamation of June 25, 1929 (46 Stat. 3000);
(8) the Compact;
(9) the Act of April 6, 1949 (63 Stat. 31, chapter 48);
(10) the Jicarilla Apache Tribe Water Rights Settlement Act
(106 Stat. 2237); or
(11) section 205 of the Energy and Water Development
Appropriations Act, 2005 (118 Stat. 2949).
PART II--RECLAMATION WATER SETTLEMENTS FUND
SEC. 10501. RECLAMATION WATER SETTLEMENTS FUND.
(a) Establishment.--There is established in the Treasury of
the United States a fund, to be known as the ``Reclamation
Water Settlements Fund'', consisting of--
(1) such amounts as are deposited to the Fund under
subsection (b); and
(2) any interest earned on investment of amounts in the
Fund under subsection (d).
(b) Deposits to Fund.--
(1) In general.--For each of fiscal years 2020 through
2029, the Secretary of the Treasury shall deposit in the
Fund, if available, $120,000,000 of the revenues that would
otherwise be deposited for the fiscal year in the fund
established by the first section of the Act of June 17, 1902
(32 Stat. 388, chapter 1093).
(2) Availability of amounts.--Amounts deposited in the Fund
under paragraph (1) shall be made available pursuant to this
section--
(A) without further appropriation; and
(B) in addition to amounts appropriated pursuant to any
authorization contained in any other provision of law.
(c) Expenditures From Fund.--
(1) In general.--
(A) Expenditures.--Subject to subparagraph (B), for each of
fiscal years 2020 through 2034, the Secretary may expend from
the Fund an amount not to exceed $120,000,000, plus the
interest accrued in the Fund, for the fiscal year in which
expenditures are made pursuant to paragraphs (2) and (3).
(B) Additional expenditures.--The Secretary may expend more
than $120,000,000 for any fiscal year if such amounts are
available in the Fund due to expenditures not reaching
$120,000,000 for prior fiscal years.
(2) Authority.--The Secretary may expend money from the
Fund to implement a settlement agreement approved by Congress
that resolves, in whole or in part, litigation involving the
United States, if the settlement agreement or implementing
legislation requires the Bureau of Reclamation to provide
financial assistance for, or plan, design, and construct--
(A) water supply infrastructure; or
(B) a project--
(i) to rehabilitate a water delivery system to conserve
water; or
(ii) to restore fish and wildlife habitat or otherwise
improve environmental conditions associated with or affected
by, or located within the same river basin as, a Federal
reclamation project that is in existence on the date of
enactment of this Act.
(3) Use for completion of project and other settlements.--
(A) Priorities.--
(i) First priority.--
(I) In general.--The first priority for expenditure of
amounts in the Fund during the entire period in which the
Fund is in existence shall be for the purposes described in,
and in the order of, clauses (i) through (iv) of subparagraph
(B).
(II) Reserved amounts.--The Secretary shall reserve and use
amounts deposited into the Fund in accordance with subclause
(I).
(ii) Other purposes.--Any amounts in the Fund that are not
needed for the purposes described in subparagraph (B) may be
used for other purposes authorized in paragraph (2).
(B) Completion of project.--
(i) Navajo-gallup water supply project.--
(I) In general.--Subject to subclause (II), effective
beginning January 1, 2020, if, in the judgment of the
Secretary on an annual basis the deadline described in
section 10701(e)(1)(A)(ix) is unlikely to be met because a
sufficient amount of funding is not otherwise available
through appropriations made available pursuant to section
10609(a), the Secretary shall expend from the Fund such
amounts on an annual basis consistent with paragraphs (1) and
(2), as are necessary to pay the Federal share of the costs,
and substantially complete as expeditiously as practicable,
the construction of the water supply infrastructure
authorized as part of the Project.
(II) Maximum amount.--
(aa) In general.--Except as provided under item (bb), the
amount expended under subclause (I) shall not exceed
$500,000,000 for the period of fiscal years 2020 through
2029.
(bb) Exception.--The limitation on the expenditure amount
under item (aa) may be exceeded during the entire period in
which the Fund is in existence if such additional funds can
be expended without limiting the amounts identified in
clauses (ii) through (iv).
(ii) Other new mexico settlements.--
(I) In general.--Subject to subclause (II), effective
beginning January 1, 2020, in addition to the funding made
available under clause (i), if in the judgment of the
Secretary on an annual basis a sufficient amount of funding
is not otherwise available through annual appropriations, the
Secretary shall expend from the Fund such amounts on an
annual basis consistent with paragraphs (1) and (2), as are
necessary to pay the Federal share of the remaining costs of
implementing the Indian water rights settlement agreements
entered into by the State of New Mexico in the Aamodt
adjudication and the Abeyta adjudication, if such settlements
are subsequently approved and authorized by an Act of
Congress and the implementation period has not already
expired.
(II) Maximum amount.--The amount expended under subclause
(I) shall not exceed $250,000,000.
(iii) Montana settlements.--
(I) In general.--Subject to subclause (II), effective
beginning January 1, 2020, in addition to funding made
available pursuant to clauses (i) and (ii), if in the
judgment of the Secretary on an annual basis a sufficient
amount of funding is not otherwise available through annual
appropriations, the Secretary shall expend from the Fund such
amounts on an annual basis consistent with paragraphs (1) and
(2), as are necessary to pay the Federal share of the
remaining costs of implementing Indian water rights
settlement agreements entered into by the State of Montana
with the Blackfeet Tribe, the Crow Tribe, or the Gros Ventre
and Assiniboine Tribes of the Fort Belknap Indian Reservation
in the judicial proceeding entitled ``In re the General
Adjudication of All the Rights to Use Surface and Groundwater
in the State of Montana'', if
[[Page 8703]]
a settlement or settlements are subsequently approved and
authorized by an Act of Congress and the implementation
period has not already expired.
(II) Maximum amount.--
(aa) In general.--Except as provided under item (bb), the
amount expended under subclause (I) shall not exceed
$350,000,000 for the period of fiscal years 2020 through
2029.
(bb) Exception.--The limitation on the expenditure amount
under item (aa) may be exceeded during the entire period in
which the Fund is in existence if such additional funds can
be expended without limiting the amounts identified in clause
(i), (ii), and (iv).
(cc) Other funding.--The Secretary shall ensure that any
funding under this clause shall be provided in a manner that
does not limit the funding available pursuant to clauses (i)
and (ii).
(iv) Arizona settlement.--
(I) In general.--Subject to subclause (II), effective
beginning January 1, 2020, in addition to funding made
available pursuant to clauses (i), (ii), and (iii), if in the
judgment of the Secretary on an annual basis a sufficient
amount of funding is not otherwise available through annual
appropriations, the Secretary shall expend from the Fund such
amounts on an annual basis consistent with paragraphs (1) and
(2), as are necessary to pay the Federal share of the
remaining costs of implementing an Indian water rights
settlement agreement entered into by the State of Arizona
with the Navajo Nation to resolve the water rights claims of
the Nation in the Lower Colorado River basin in Arizona, if a
settlement is subsequently approved and authorized by an Act
of Congress and the implementation period has not already
expired.
(II) Maximum amount.--
(aa) In general.--Except as provided under item (bb), the
amount expended under subclause (I) shall not exceed
$100,000,000 for the period of fiscal years 2020 through
2029.
(bb) Exception.--The limitation on the expenditure amount
under item (aa) may be exceeded during the entire period in
which the Fund is in existence if such additional funds can
be expended without limiting the amounts identified in
clauses (i) through (iii).
(cc) Other funding.--The Secretary shall ensure that any
funding under this clause shall be provided in a manner that
does not limit the funding available pursuant to clauses (i)
and (ii).
(C) Reversion.--If the settlements described in clauses
(ii) through (iv) of subparagraph (B) have not been approved
and authorized by an Act of Congress by December 31, 2019,
the amounts reserved for the settlements shall no longer be
reserved by the Secretary pursuant to subparagraph (A)(i) and
shall revert to the Fund for any authorized use, as
determined by the Secretary.
(d) Investment of Amounts.--
(1) In general.--The Secretary shall invest such portion of
the Fund as is not, in the judgment of the Secretary,
required to meet current withdrawals.
(2) Credits to fund.--The interest on, and the proceeds
from the sale or redemption of, any obligations held in the
Fund shall be credited to, and form a part of, the Fund.
(e) Transfers of Amounts.--
(1) In general.--The amounts required to be transferred to
the Fund under this section shall be transferred at least
monthly from the general fund of the Treasury to the Fund on
the basis of estimates made by the Secretary of the Treasury.
(2) Adjustments.--Proper adjustment shall be made in
amounts subsequently transferred to the extent prior
estimates were in excess of or less than the amounts required
to be transferred.
(f) Termination.--On September 30, 2034--
(1) the Fund shall terminate; and
(2) the unexpended and unobligated balance of the Fund
shall be transferred to the appropriate fund of the Treasury.
PART III--NAVAJO-GALLUP WATER SUPPLY PROJECT
SEC. 10601. PURPOSES.
The purposes of this part are--
(1) to authorize the Secretary to construct, operate, and
maintain the Navajo-Gallup Water Supply Project;
(2) to allocate the capacity of the Project among the
Nation, the City, and the Jicarilla Apache Nation; and
(3) to authorize the Secretary to enter into Project
repayment contracts with the City and the Jicarilla Apache
Nation.
SEC. 10602. AUTHORIZATION OF NAVAJO-GALLUP WATER SUPPLY
PROJECT.
(a) In General.--The Secretary, acting through the
Commissioner of Reclamation, is authorized to design,
construct, operate, and maintain the Project in substantial
accordance with the preferred alternative in the Draft Impact
Statement.
(b) Project Facilities.--To provide for the delivery of San
Juan River water to Project Participants, the Secretary may
construct, operate, and maintain the Project facilities
described in the preferred alternative in the Draft Impact
Statement, including:
(1) A pumping plant on the San Juan River in the vicinity
of Kirtland, New Mexico.
(2)(A) A main pipeline from the San Juan River near
Kirtland, New Mexico, to Shiprock, New Mexico, and Gallup,
New Mexico, which follows United States Highway 491.
(B) Any pumping plants associated with the pipeline
authorized under subparagraph (A).
(3)(A) A main pipeline from Cutter Reservoir to Ojo Encino,
New Mexico, which follows United States Highway 550.
(B) Any pumping plants associated with the pipeline
authorized under subparagraph (A).
(4)(A) Lateral pipelines from the main pipelines to Nation
communities in the States of New Mexico and Arizona.
(B) Any pumping plants associated with the pipelines
authorized under subparagraph (A).
(5) Any water regulation, storage or treatment facility,
service connection to an existing public water supply system,
power substation, power distribution works, or other
appurtenant works (including a building or access road) that
is related to the Project facilities authorized by paragraphs
(1) through (4), including power transmission facilities and
associated wheeling services to connect Project facilities to
existing high-voltage transmission facilities and deliver
power to the Project.
(c) Acquisition of Land.--
(1) In general.--The Secretary is authorized to acquire any
land or interest in land that is necessary to construct,
operate, and maintain the Project facilities authorized under
subsection (b).
(2) Land of the project participants.--As a condition of
construction of the facilities authorized under this part,
the Project Participants shall provide all land or interest
in land, as appropriate, that the Secretary identifies as
necessary for acquisition under this subsection at no cost to
the Secretary.
(3) Limitation.--The Secretary may not condemn water rights
for purposes of the Project.
(d) Conditions.--
(1) In general.--Except as provided in paragraph (2), the
Secretary shall not commence construction of the facilities
authorized under subsection (b) until such time as--
(A) the Secretary executes the Agreement and the Contract;
(B) the contracts authorized under section 10604 are
executed;
(C) the Secretary--
(i) completes an environmental impact statement for the
Project; and
(ii) has issued a record of decision that provides for a
preferred alternative; and
(D) the Secretary has entered into an agreement with the
State of New Mexico under which the State of New Mexico will
provide a share of the construction costs of the Project of
not less than $50,000,000, except that the State of New
Mexico shall receive credit for funds the State has
contributed to construct water conveyance facilities to the
Project Participants to the extent that the facilities reduce
the cost of the Project as estimated in the Draft Impact
Statement.
(2) Exception.--If the Jicarilla Apache Nation elects not
to enter into a contract pursuant to section 10604, the
Secretary, after consulting with the Nation, the City, and
the State of New Mexico acting through the Interstate Stream
Commission, may make appropriate modifications to the scope
of the Project and proceed with Project construction if all
other conditions for construction have been satisfied.
(3) Effect of indian self-determination and education
assistance act.--The Indian Self-Determination and Education
Assistance Act (25 U.S.C. 450 et seq.) shall not apply to the
design, construction, operation, maintenance, or replacement
of the Project.
(e) Power.--The Secretary shall reserve, from existing
reservations of Colorado River Storage Project power for
Bureau of Reclamation projects, up to 26 megawatts of power
for use by the Project.
(f) Conveyance of Title to Project Facilities.--
(1) In general.--The Secretary is authorized to enter into
separate agreements with the City and the Nation and, on
entering into the agreements, shall convey title to each
Project facility or section of a Project facility authorized
under subsection (b) (including any appropriate interests in
land) to the City and the Nation after--
(A) completion of construction of a Project facility or a
section of a Project facility that is operating and
delivering water; and
(B) execution of a Project operations agreement approved by
the Secretary and the Project Participants that sets forth--
(i) any terms and conditions that the Secretary determines
are necessary--
(I) to ensure the continuation of the intended benefits of
the Project; and
(II) to fulfill the purposes of this part;
(ii) requirements acceptable to the Secretary and the
Project Participants for--
(I) the distribution of water under the Project or section
of a Project facility; and
(II) the allocation and payment of annual operation,
maintenance, and replacement costs of the Project or section
of a Project facility based on the proportionate uses of
Project facilities; and
(iii) conditions and requirements acceptable to the
Secretary and the Project Participants for operating and
maintaining each Project facility on completion of the
conveyance of title, including the requirement that the City
and the Nation shall--
(I) comply with--
(aa) the Compact; and
(bb) other applicable law; and
(II) be responsible for--
(aa) the operation, maintenance, and replacement of each
Project facility; and
(bb) the accounting and management of water conveyance and
Project finances, as necessary to administer and fulfill the
conditions of the Contract executed under section
10604(a)(2)(B).
(2) Effect of conveyance.--The conveyance of title to each
Project facility shall not affect the application of the
Endangered Species Act
[[Page 8704]]
of 1973 (16 U.S.C. 1531 et seq.) relating to the use of the
water associated with the Project.
(3) Liability.--
(A) In general.--Effective on the date of the conveyance
authorized by this subsection, the United States shall not be
held liable by any court for damages of any kind arising out
of any act, omission, or occurrence relating to the land,
buildings, or facilities conveyed under this subsection,
other than damages caused by acts of negligence committed by
the United States, or by employees or agents of the United
States, prior to the date of conveyance.
(B) Tort claims.--Nothing in this section increases the
liability of the United States beyond the liability provided
in chapter 171 of title 28, United States Code (commonly
known as the ``Federal Tort Claims Act'').
(4) Notice of proposed conveyance.--Not later than 45 days
before the date of a proposed conveyance of title to any
Project facility, the Secretary shall submit to the Committee
on Resources of the House of Representatives and to the
Committee on Energy and Natural Resources of the Senate
notice of the conveyance of each Project facility.
(g) Colorado River Storage Project Power.--The conveyance
of Project facilities under subsection (f) shall not affect
the availability of Colorado River Storage Project power to
the Project under subsection (e).
(h) Regional Use of Project Facilities.--
(1) In general.--Subject to paragraph (2), Project
facilities constructed under subsection (b) may be used to
treat and convey non-Project water or water that is not
allocated by subsection 10603(b) if--
(A) capacity is available without impairing any water
delivery to a Project Participant; and
(B) the unallocated or non-Project water beneficiary--
(i) has the right to use the water;
(ii) agrees to pay the operation, maintenance, and
replacement costs assignable to the beneficiary for the use
of the Project facilities; and
(iii) agrees to pay an appropriate fee that may be
established by the Secretary to assist in the recovery of any
capital cost allocable to that use.
(2) Effect of payments.--Any payments to the United States
or the Nation for the use of unused capacity under this
subsection or for water under any subcontract with the Nation
or the Jicarilla Apache Nation shall not alter the
construction repayment requirements or the operation,
maintenance, and replacement payment requirements of the
Project Participants.
SEC. 10603. DELIVERY AND USE OF NAVAJO-GALLUP WATER SUPPLY
PROJECT WATER.
(a) Use of Project Water.--
(1) In general.--In accordance with this subtitle and other
applicable law, water supply from the Project shall be used
for municipal, industrial, commercial, domestic, and stock
watering purposes.
(2) Use on certain land.--
(A) In general.--Subject to subparagraph (B), the Nation
may use Project water allocations on--
(i) land held by the United States in trust for the Nation
and members of the Nation; and
(ii) land held in fee by the Nation.
(B) Transfer.--The Nation may transfer the purposes and
places of use of the allocated water in accordance with the
Agreement and applicable law.
(3) Hydroelectric power.--
(A) In general.--Hydroelectric power may be generated as an
incident to the delivery of Project water for authorized
purposes under paragraph (1).
(B) Administration.--Notwithstanding any other provision of
law--
(i) any hydroelectric power generated under this paragraph
shall be used or marketed by the Nation;
(ii) the Nation shall retain any revenues from the sale of
the hydroelectric power; and
(iii) the United States shall have no trust obligation or
other obligation to monitor, administer, or account for the
revenues received by the Nation, or the expenditure of the
revenues.
(4) Storage.--
(A) In general.--Subject to subparagraph (B), any water
contracted for delivery under paragraph (1) that is not
needed for current water demands or uses may be delivered by
the Project for placement in underground storage in the State
of New Mexico for future recovery and use.
(B) State approval.--Delivery of water under subparagraph
(A) is subject to--
(i) approval by the State of New Mexico under applicable
provisions of State law relating to aquifer storage and
recovery; and
(ii) the provisions of the Agreement and this subtitle.
(b) Project Water and Capacity Allocations.--
(1) Diversion.--Subject to availability and consistent with
Federal and State law, the Project may divert from the Navajo
Reservoir and the San Juan River a quantity of water to be
allocated and used consistent with the Agreement and this
subtitle, that does not exceed in any 1 year, the lesser of--
(A) 37,760 acre-feet of water; or
(B) the quantity of water necessary to supply a depletion
from the San Juan River of 35,890 acre-feet.
(2) Project delivery capacity allocations.--
(A) In general.--The capacity of the Project shall be
allocated to the Project Participants in accordance with
subparagraphs (B) through (E), other provisions of this
subtitle, and other applicable law.
(B) Delivery capacity allocation to the city.--The Project
may deliver at the point of diversion from the San Juan River
not more than 7,500 acre-feet of water in any 1 year for
which the City has secured rights for the use of the City.
(C) Delivery capacity allocation to navajo nation
communities in new mexico.--For use by the Nation in the
State of New Mexico, the Project may deliver water out of the
water rights held by the Secretary for the Nation and
confirmed under this subtitle, at the points of diversion
from the San Juan River or at Navajo Reservoir in any 1 year,
the lesser of--
(i) 22,650 acre-feet of water; or
(ii) the quantity of water necessary to supply a depletion
from the San Juan River of 20,780 acre-feet of water.
(D) Delivery capacity allocation to navajo nation
communities in arizona.--Subject to subsection (c), the
Project may deliver at the point of diversion from the San
Juan River not more than 6,411 acre-feet of water in any 1
year for use by the Nation in the State of Arizona.
(E) Delivery capacity allocation to jicarilla apache
nation.--The Project may deliver at Navajo Reservoir not more
than 1,200 acre-feet of water in any 1 year of the water
rights of the Jicarilla Apache Nation, held by the Secretary
and confirmed by the Jicarilla Apache Tribe Water Rights
Settlement Act (Public Law 102-441; 106 Stat. 2237), for use
by the Jicarilla Apache Nation in the southern portion of the
Jicarilla Apache Nation Reservation in the State of New
Mexico.
(3) Use in excess of delivery capacity allocation
quantity.--Notwithstanding each delivery capacity allocation
quantity limit described in subparagraphs (B), (C), and (E)
of paragraph (2), the Secretary may authorize a Project
Participant to exceed the delivery capacity allocation
quantity limit of that Project Participant if--
(A) delivery capacity is available without impairing any
water delivery to any other Project Participant; and
(B) the Project Participant benefitting from the increased
allocation of delivery capacity--
(i) has the right under applicable law to use the
additional water;
(ii) agrees to pay the operation, maintenance, and
replacement costs relating to the additional use of any
Project facility; and
(iii) agrees, if the Project title is held by the
Secretary, to pay a fee established by the Secretary to
assist in recovering capital costs relating to that
additional use.
(c) Conditions for Use in Arizona.--
(1) Requirements.--Project water shall not be delivered for
use by any community of the Nation located in the State of
Arizona under subsection (b)(2)(D) until--
(A) the Nation and the State of Arizona have entered into a
water rights settlement agreement approved by an Act of
Congress that settles and waives the Nation's claims to water
in the Lower Basin and the Little Colorado River Basin in the
State of Arizona, including those of the United States on the
Nation's behalf; and
(B) the Secretary and the Navajo Nation have entered into a
Navajo Reservoir water supply delivery contract for the
physical delivery and diversion of water via the Project from
the San Juan River system to supply uses in the State of
Arizona.
(2) Accounting of uses in arizona.--
(A) In general.--Pursuant to paragraph (1) and
notwithstanding any other provision of law, water may be
diverted by the Project from the San Juan River in the State
of New Mexico in accordance with an appropriate permit issued
under New Mexico law for use in the State of Arizona within
the Navajo Reservation in the Lower Basin; provided that any
depletion of water that results from the diversion of water
by the Project from the San Juan River in the State of New
Mexico for uses within the State of Arizona (including
depletion incidental to the diversion, impounding, or
conveyance of water in the State of New Mexico for uses in
the State of Arizona) shall be administered and accounted for
as either--
(i) a part of, and charged against, the available
consumptive use apportionment made to the State of Arizona by
Article III(a) of the Compact and to the Upper Basin by
Article III(a) of the Colorado River Compact, in which case
any water so diverted by the Project into the Lower Basin for
use within the State of Arizona shall not be credited as
water reaching Lee Ferry pursuant to Article III(c) and
III(d) of the Colorado River Compact; or
(ii) subject to subparagraph (B), a part of, and charged
against, the consumptive use apportionment made to the Lower
Basin by Article III(a) of the Colorado River Compact, in
which case it shall--
(I) be a part of the Colorado River water that is
apportioned to the State of Arizona in Article II(B) of the
Consolidated Decree of the Supreme Court of the United States
in Arizona v. California (547 U.S. 150) (as may be amended or
supplemented);
(II) be credited as water reaching Lee Ferry pursuant to
Article III(c) and III(d) of the Colorado River Compact; and
(III) be accounted as the water identified in section
104(a)(1)(B)(ii) of the Arizona Water Settlements Act, (118
Stat. 3478).
(B) Limitation.--Notwithstanding subparagraph (A)(ii), no
water diverted by the Project shall be accounted for pursuant
to subparagraph (A)(ii) until such time that--
(i) the Secretary has developed and, as necessary and
appropriate, modified, in consultation with the Upper
Colorado River Commission
[[Page 8705]]
and the Governors' Representatives on Colorado River
Operations from each State signatory to the Colorado River
Compact, all operational and decisional criteria, policies,
contracts, guidelines or other documents that control the
operations of the Colorado River System reservoirs and
diversion works, so as to adjust, account for, and offset the
diversion of water apportioned to the State of Arizona,
pursuant to the Boulder Canyon Project Act (43 U.S.C. 617 et
seq.), from a point of diversion on the San Juan River in New
Mexico; provided that all such modifications shall be
consistent with the provisions of this Section, and the
modifications made pursuant to this clause shall be
applicable only for the duration of any such diversions
pursuant to section 10603(c)(2)(A)(ii); and
(ii) Article II(B) of the Decree of the Supreme Court of
the United States in Arizona v. California (547 U.S. 150 as
may be amended or supplemented) is administered so that
diversions from the main stream for the Central Arizona
Project, as served under existing contracts with the United
States by diversion works heretofore constructed, shall be
limited and reduced to offset any diversions made pursuant to
section 10603(c)(2)(A)(ii) of this Act. This clause shall not
affect, in any manner, the amount of water apportioned to
Arizona pursuant to the Boulder Canyon Project Act (43 U.S.C.
617 et seq.), or amend any provisions of said decree or the
Colorado River Basin Project Act (43 U.S.C. 1501 et. seq.).
(3) Upper basin protections.--
(A) Consultations.--Henceforth, in any consultation
pursuant to 16 U.S.C. 1536(a) with respect to water
development in the San Juan River Basin, the Secretary shall
confer with the States of Colorado and New Mexico, consistent
with the provisions of section 5 of the ``Principles for
Conducting Endangered Species Act Section 7 Consultations on
Water Development and Water Management Activities Affecting
Endangered Fish Species in the San Juan River Basin'' as
adopted by the Coordination Committee, San Juan River Basin
Recovery Implementation Program, on June 19, 2001, and as may
be amended or modified.
(B) Preservation of existing rights.--Rights to the
consumptive use of water available to the Upper Basin from
the Colorado River System under the Colorado River Compact
and the Compact shall not be reduced or prejudiced by any use
of water pursuant to subsection 10603(c). Nothing in this Act
shall be construed so as to impair, conflict with, or
otherwise change the duties and powers of the Upper Colorado
River Commission.
(d) Forbearance.--
(1) In general.--Subject to paragraphs (2) and (3), during
any year in which a shortage to the normal diversion
requirement for any use relating to the Project within the
State of Arizona occurs (as determined under section 11 of
Public Law 87-483 (76 Stat. 99)), the Nation may temporarily
forbear the delivery of the water supply of the Navajo
Reservoir for uses in the State of New Mexico under the
apportionments of water to the Navajo Indian Irrigation
Project and the normal diversion requirements of the Project
to allow an equivalent quantity of water to be delivered from
the Navajo Reservoir water supply for municipal and domestic
uses of the Nation in the State of Arizona under the Project.
(2) Limitation of forbearance.--The Nation may forebear the
delivery of water under paragraph (1) of a quantity not
exceeding the quantity of the shortage to the normal
diversion requirement for any use relating to the Project
within the State of Arizona.
(3) Effect.--The forbearance of the delivery of water under
paragraph (1) shall be subject to the requirements in
subsection (c).
(e) Effect.--Nothing in this subtitle--
(1) authorizes the marketing, leasing, or transfer of the
water supplies made available to the Nation under the
Contract to non-Navajo water users in States other than the
State of New Mexico; or
(2) authorizes the forbearance of water uses in the State
of New Mexico to allow uses of water in other States other
than as authorized under subsection (d).
(f) Colorado River Compacts.--Notwithstanding any other
provision of law--
(1) water may be diverted by the Project from the San Juan
River in the State of New Mexico for use within New Mexico in
the lower basin, as that term is used in the Colorado River
Compact;
(2) any water diverted under paragraph (1) shall be a part
of, and charged against, the consumptive use apportionment
made to the State of New Mexico by Article III(a) of the
Compact and to the upper basin by Article III(a) of the
Colorado River Compact; and
(3) any water so diverted by the Project into the lower
basin within the State of New Mexico shall not be credited as
water reaching Lee Ferry pursuant to Articles III(c) and
III(d) of the Colorado River Compact.
(g) Payment of Operation, Maintenance, and Replacement
Costs.--
(1) In general.--The Secretary is authorized to pay the
operation, maintenance, and replacement costs of the Project
allocable to the Project Participants under section 10604
until the date on which the Secretary declares any section of
the Project to be substantially complete and delivery of
water generated by, and through, that section of the Project
can be made to a Project participant.
(2) Project participant payments.--Beginning on the date
described in paragraph (1), each Project Participant shall
pay all allocated operation, maintenance, and replacement
costs for that substantially completed section of the
Project, in accordance with contracts entered into pursuant
to section 10604, except as provided in section 10604(f).
(h) No Precedent.--Nothing in this Act shall be construed
as authorizing or establishing a precedent for any type of
transfer of Colorado River System water between the Upper
Basin and Lower Basin. Nor shall anything in this Act be
construed as expanding the Secretary's authority in the Upper
Basin.
(i) Unique Situation.--Diversions by the Project consistent
with this section address critical tribal and non-Indian
water supply needs under unique circumstances, which include,
among other things--
(1) the intent to benefit an American Indian tribe;
(2) the Navajo Nation's location in both the Upper and
Lower Basin;
(3) the intent to address critical Indian water needs in
the State of Arizona and Indian and non-Indian water needs in
the State of New Mexico,
(4) the location of the Navajo Nation's capital city of
Window Rock in the State of Arizona in close proximity to the
border of the State of New Mexico and the pipeline route for
the Project;
(5) the lack of other reasonable options available for
developing a firm, sustainable supply of municipal water for
the Navajo Nation at Window Rock in the State of Arizona; and
(6) the limited volume of water to be diverted by the
Project to supply municipal uses in the Window Rock area in
the State of Arizona.
(j) Consensus.--Congress notes the consensus of the
Governors' Representatives on Colorado River Operations of
the States that are signatory to the Colorado River Compact
regarding the diversions authorized for the Project under
this section.
(k) Efficient Use.--The diversions and uses authorized for
the Project under this Section represent unique and efficient
uses of Colorado River apportionments in a manner that
Congress has determined would be consistent with the
obligations of the United States to the Navajo Nation.
SEC. 10604. PROJECT CONTRACTS.
(a) Navajo Nation Contract.--
(1) Hydrologic determination.--Congress recognizes that the
Hydrologic Determination necessary to support approval of the
Contract has been completed.
(2) Contract approval.--
(A) Approval.--
(i) In general.--Except to the extent that any provision of
the Contract conflicts with this subtitle, Congress approves,
ratifies, and confirms the Contract.
(ii) Amendments.--To the extent any amendment is executed
to make the Contract consistent with this subtitle, that
amendment is authorized, ratified, and confirmed.
(B) Execution of contract.--The Secretary, acting on behalf
of the United States, shall enter into the Contract to the
extent that the Contract does not conflict with this subtitle
(including any amendment that is required to make the
Contract consistent with this subtitle).
(3) Nonreimbursability of allocated costs.--The following
costs shall be nonreimbursable and not subject to repayment
by the Nation or any other Project beneficiary:
(A) Any share of the construction costs of the Nation
relating to the Project authorized by section 10602(a).
(B) Any costs relating to the construction of the Navajo
Indian Irrigation Project that may otherwise be allocable to
the Nation for use of any facility of the Navajo Indian
Irrigation Project to convey water to each Navajo community
under the Project.
(C) Any costs relating to the construction of Navajo Dam
that may otherwise be allocable to the Nation for water
deliveries under the Contract.
(4) Operation, maintenance, and replacement obligation.--
Subject to subsection (f), the Contract shall include
provisions under which the Nation shall pay any costs
relating to the operation, maintenance, and replacement of
each facility of the Project that are allocable to the
Nation.
(5) Limitation, cancellation, termination, and
rescission.--The Contract may be limited by a term of years,
canceled, terminated, or rescinded only by an Act of
Congress.
(b) City of Gallup Contract.--
(1) Contract authorization.--Consistent with this subtitle,
the Secretary is authorized to enter into a repayment
contract with the City that requires the City--
(A) to repay, within a 50-year period, the share of the
construction costs of the City relating to the Project, with
interest as provided under section 10305; and
(B) consistent with section 10603(g), to pay the operation,
maintenance, and replacement costs of the Project that are
allocable to the City.
(2) Contract prepayment.--
(A) In general.--The contract authorized under paragraph
(1) may allow the City to satisfy the repayment obligation of
the City for construction costs of the Project on the payment
of the share of the City prior to the initiation of
construction.
(B) Amount.--The amount of the share of the City described
in subparagraph (A) shall be determined by agreement between
the Secretary and the City.
(C) Repayment obligation.--Any repayment obligation
established by the Secretary and the City pursuant to
subparagraph (A) shall be subject to a final cost allocation
by the Secretary on project completion and to the limitations
set forth in paragraph (3).
[[Page 8706]]
(3) Share of construction costs.--
(A) In general.--Subject to subparagraph (B), the Secretary
shall determine the share of the construction costs of the
Project allocable to the City and establish the percentage of
the allocated construction costs that the City shall be
required to repay pursuant to the contract entered into under
paragraph (1), based on the ability of the City to pay.
(B) Minimum percentage.--Notwithstanding subparagraph (A),
the repayment obligation of the City shall be at least 25
percent of the construction costs of the Project that are
allocable to the City, but shall in no event exceed 35
percent.
(4) Excess construction costs.--Any construction costs of
the Project allocable to the City in excess of the repayment
obligation of the City, as determined under paragraph (3),
shall be nonreimbursable.
(5) Grant funds.--A grant from any other Federal source
shall not be credited toward the amount required to be repaid
by the City under a repayment contract.
(6) Title transfer.--If title is transferred to the City
prior to repayment under section 10602(f), the City shall be
required to provide assurances satisfactory to the Secretary
of fulfillment of the remaining repayment obligation of the
City.
(7) Water delivery subcontract.--The Secretary shall not
enter into a contract under paragraph (1) with the City until
the City has secured a water supply for the City's portion of
the Project described in section 10603(b)(2)(B), by entering
into, as approved by the Secretary, a water delivery
subcontract for a period of not less than 40 years beginning
on the date on which the construction of any facility of the
Project serving the City is completed, with--
(A) the Nation, as authorized by the Contract;
(B) the Jicarilla Apache Nation, as authorized by the
settlement contract between the United States and the
Jicarilla Apache Tribe, authorized by the Jicarilla Apache
Tribe Water Rights Settlement Act (Public Law 102-441; 106
Stat. 2237); or
(C) an acquired alternate source of water, subject to
approval of the Secretary and the State of New Mexico, acting
through the New Mexico Interstate Stream Commission and the
New Mexico State Engineer.
(c) Jicarilla Apache Nation Contract.--
(1) Contract authorization.--Consistent with this subtitle,
the Secretary is authorized to enter into a repayment
contract with the Jicarilla Apache Nation that requires the
Jicarilla Apache Nation--
(A) to repay, within a 50-year period, the share of any
construction cost of the Jicarilla Apache Nation relating to
the Project, with interest as provided under section 10305;
and
(B) consistent with section 10603(g), to pay the operation,
maintenance, and replacement costs of the Project that are
allocable to the Jicarilla Apache Nation.
(2) Contract prepayment.--
(A) In general.--The contract authorized under paragraph
(1) may allow the Jicarilla Apache Nation to satisfy the
repayment obligation of the Jicarilla Apache Nation for
construction costs of the Project on the payment of the share
of the Jicarilla Apache Nation prior to the initiation of
construction.
(B) Amount.--The amount of the share of Jicarilla Apache
Nation described in subparagraph (A) shall be determined by
agreement between the Secretary and the Jicarilla Apache
Nation.
(C) Repayment obligation.--Any repayment obligation
established by the Secretary and the Jicarilla Apache Nation
pursuant to subparagraph (A) shall be subject to a final cost
allocation by the Secretary on project completion and to the
limitations set forth in paragraph (3).
(3) Share of construction costs.--
(A) In general.--Subject to subparagraph (B), the Secretary
shall determine the share of the construction costs of the
Project allocable to the Jicarilla Apache Nation and
establish the percentage of the allocated construction costs
of the Jicarilla Apache Nation that the Jicarilla Apache
Nation shall be required to repay based on the ability of the
Jicarilla Apache Nation to pay.
(B) Minimum percentage.--Notwithstanding subparagraph (A),
the repayment obligation of the Jicarilla Apache Nation shall
be at least 25 percent of the construction costs of the
Project that are allocable to the Jicarilla Apache Nation,
but shall in no event exceed 35 percent.
(4) Excess construction costs.--Any construction costs of
the Project allocable to the Jicarilla Apache Nation in
excess of the repayment obligation of the Jicarilla Apache
Nation as determined under paragraph (3), shall be
nonreimbursable.
(5) Grant funds.--A grant from any other Federal source
shall not be credited toward the share of the Jicarilla
Apache Nation of construction costs.
(6) Navajo indian irrigation project costs.--The Jicarilla
Apache Nation shall have no obligation to repay any Navajo
Indian Irrigation Project construction costs that might
otherwise be allocable to the Jicarilla Apache Nation for use
of the Navajo Indian Irrigation Project facilities to convey
water to the Jicarilla Apache Nation, and any such costs
shall be nonreimbursable.
(d) Capital Cost Allocations.--
(1) In general.--For purposes of estimating the capital
repayment requirements of the Project Participants under this
section, the Secretary shall review and, as appropriate,
update the Draft Impact Statement allocating capital
construction costs for the Project.
(2) Final cost allocation.--The repayment contracts entered
into with Project Participants under this section shall
require that the Secretary perform a final cost allocation
when construction of the Project is determined to be
substantially complete.
(3) Repayment obligation.--The Secretary shall determine
the repayment obligation of the Project Participants based on
the final cost allocation identifying reimbursable and
nonreimbursable capital costs of the Project consistent with
this subtitle.
(e) Operation, Maintenance, and Replacement Cost
Allocations.--For purposes of determining the operation,
maintenance, and replacement obligations of the Project
Participants under this section, the Secretary shall review
and, as appropriate, update the Draft Impact Statement that
allocates operation, maintenance, and replacement costs for
the Project.
(f) Temporary Waivers of Payments.--
(1) In general.--On the date on which the Secretary
declares a section of the Project to be substantially
complete and delivery of water generated by and through that
section of the Project can be made to the Nation, the
Secretary may waive, for a period of not more than 10 years,
the operation, maintenance, and replacement costs allocable
to the Nation for that section of the Project that the
Secretary determines are in excess of the ability of the
Nation to pay.
(2) Subsequent payment by nation.--After a waiver under
paragraph (1), the Nation shall pay all allocated operation,
maintenance, and replacement costs of that section of the
Project.
(3) Payment by united states.--Any operation, maintenance,
or replacement costs waived by the Secretary under paragraph
(1) shall be paid by the United States and shall be
nonreimbursable.
(4) Effect on contracts.--Failure of the Secretary to waive
costs under paragraph (1) because of a lack of availability
of Federal funding to pay the costs under paragraph (3) shall
not alter the obligations of the Nation or the United States
under a repayment contract.
(5) Termination of authority.--The authority of the
Secretary to waive costs under paragraph (1) with respect to
a Project facility transferred to the Nation under section
10602(f) shall terminate on the date on which the Project
facility is transferred.
(g) Project Construction Committee.--The Secretary shall
facilitate the formation of a project construction committee
with the Project Participants and the State of New Mexico--
(1) to review cost factors and budgets for construction and
operation and maintenance activities;
(2) to improve construction management through enhanced
communication; and
(3) to seek additional ways to reduce overall Project
costs.
SEC. 10605. NAVAJO NATION MUNICIPAL PIPELINE.
(a) Use of Navajo Nation Pipeline.--In addition to use of
the Navajo Nation Municipal Pipeline to convey the Animas-La
Plata Project water of the Nation, the Nation may use the
Navajo Nation Municipal Pipeline to convey non-Animas La
Plata Project water for municipal and industrial purposes.
(b) Conveyance of Title to Pipeline.--
(1) In general.--On completion of the Navajo Nation
Municipal Pipeline, the Secretary may enter into separate
agreements with the City of Farmington, New Mexico and the
Nation to convey title to each portion of the Navajo Nation
Municipal Pipeline facility or section of the Pipeline to the
City of Farmington and the Nation after execution of a
Project operations agreement approved by the Secretary, the
Nation, and the City of Farmington that sets forth any terms
and conditions that the Secretary determines are necessary.
(2) Conveyance to the city of farmington or navajo
nation.--In conveying title to the Navajo Nation Municipal
Pipeline under this subsection, the Secretary shall convey--
(A) to the City of Farmington, the facilities and any land
or interest in land acquired by the United States for the
construction, operation, and maintenance of the Pipeline that
are located within the corporate boundaries of the City; and
(B) to the Nation, the facilities and any land or interests
in land acquired by the United States for the construction,
operation, and maintenance of the Pipeline that are located
outside the corporate boundaries of the City of Farmington.
(3) Effect of conveyance.--The conveyance of title to the
Pipeline shall not affect the application of the Endangered
Species Act of 1973 (16 U.S.C. 1531 et seq.) relating to the
use of water associated with the Animas-La Plata Project.
(4) Liability.--
(A) In general.--Effective on the date of the conveyance
authorized by this subsection, the United States shall not be
held liable by any court for damages of any kind arising out
of any act, omission, or occurrence relating to the land,
buildings, or facilities conveyed under this subsection,
other than damages caused by acts of negligence committed by
the United States or by employees or agents of the United
States prior to the date of conveyance.
(B) Tort claims.--Nothing in this subsection increases the
liability of the United States beyond the liability provided
under chapter 171 of title 28, United States Code (commonly
known as the ``Federal Tort Claims Act'').
(5) Notice of proposed conveyance.--Not later than 45 days
before the date of a proposed conveyance of title to the
Pipeline, the Secretary shall submit to the Committee on
Natural Resources of the House of Representatives and the
[[Page 8707]]
Committee on Energy and Natural Resources of the Senate,
notice of the conveyance of the Pipeline.
SEC. 10606. AUTHORIZATION OF CONJUNCTIVE USE WELLS.
(a) Conjunctive Groundwater Development Plan.--Not later
than 1 year after the date of enactment of this Act, the
Nation, in consultation with the Secretary, shall complete a
conjunctive groundwater development plan for the wells
described in subsections (b) and (c).
(b) Wells in the San Juan River Basin.--In accordance with
the conjunctive groundwater development plan, the Secretary
may construct or rehabilitate wells and related pipeline
facilities to provide capacity for the diversion and
distribution of not more than 1,670 acre-feet of groundwater
in the San Juan River Basin in the State of New Mexico for
municipal and domestic uses.
(c) Wells in the Little Colorado and Rio Grande Basins.--
(1) In general.--In accordance with the Project and
conjunctive groundwater development plan for the Nation, the
Secretary may construct or rehabilitate wells and related
pipeline facilities to provide capacity for the diversion and
distribution of--
(A) not more than 680 acre-feet of groundwater in the
Little Colorado River Basin in the State of New Mexico;
(B) not more than 80 acre-feet of groundwater in the Rio
Grande Basin in the State of New Mexico; and
(C) not more than 770 acre-feet of groundwater in the
Little Colorado River Basin in the State of Arizona.
(2) Use.--Groundwater diverted and distributed under
paragraph (1) shall be used for municipal and domestic uses.
(d) Acquisition of Land.--
(1) In general.--Except as provided in paragraph (2), the
Secretary may acquire any land or interest in land that is
necessary for the construction, operation, and maintenance of
the wells and related pipeline facilities authorized under
subsections (b) and (c).
(2) Limitation.--Nothing in this subsection authorizes the
Secretary to condemn water rights for the purposes described
in paragraph (1).
(e) Condition.--The Secretary shall not commence any
construction activity relating to the wells described in
subsections (b) and (c) until the Secretary executes the
Agreement.
(f) Conveyance of Wells.--
(1) In general.--On the determination of the Secretary that
the wells and related facilities are substantially complete
and delivery of water generated by the wells can be made to
the Nation, an agreement with the Nation shall be entered
into, to convey to the Nation title to--
(A) any well or related pipeline facility constructed or
rehabilitated under subsections (a) and (b) after the wells
and related facilities have been completed; and
(B) any land or interest in land acquired by the United
States for the construction, operation, and maintenance of
the well or related pipeline facility.
(2) Operation, maintenance, and replacement.--
(A) In general.--The Secretary is authorized to pay
operation and maintenance costs for the wells and related
pipeline facilities authorized under this subsection until
title to the facilities is conveyed to the Nation.
(B) Subsequent assumption by nation.--On completion of a
conveyance of title under paragraph (1), the Nation shall
assume all responsibility for the operation and maintenance
of the well or related pipeline facility conveyed.
(3) Effect of conveyance.--The conveyance of title to the
Nation of the conjunctive use wells under paragraph (1) shall
not affect the application of the Endangered Species Act of
1973 (16 U.S.C. 1531 et seq.).
(g) Use of Project Facilities.--The capacities of the
treatment facilities, main pipelines, and lateral pipelines
of the Project authorized by section 10602(b) may be used to
treat and convey groundwater to Nation communities if the
Nation provides for payment of the operation, maintenance,
and replacement costs associated with the use of the
facilities or pipelines.
(h) Limitations.--The diversion and use of groundwater by
wells constructed or rehabilitated under this section shall
be made in a manner consistent with applicable Federal and
State law.
SEC. 10607. SAN JUAN RIVER NAVAJO IRRIGATION PROJECTS.
(a) Rehabilitation.--Subject to subsection (b), the
Secretary shall rehabilitate--
(1) the Fruitland-Cambridge Irrigation Project to serve not
more than 3,335 acres of land, which shall be considered to
be the total serviceable area of the project; and
(2) the Hogback-Cudei Irrigation Project to serve not more
than 8,830 acres of land, which shall be considered to be the
total serviceable area of the project.
(b) Condition.--The Secretary shall not commence any
construction activity relating to the rehabilitation of the
Fruitland-Cambridge Irrigation Project or the Hogback-Cudei
Irrigation Project under subsection (a) until the Secretary
executes the Agreement.
(c) Operation, Maintenance, and Replacement Obligation.--
The Nation shall continue to be responsible for the
operation, maintenance, and replacement of each facility
rehabilitated under this section.
SEC. 10608. OTHER IRRIGATION PROJECTS.
(a) In General.--Not later than 2 years after the date of
enactment of this Act, the Secretary, in consultation with
the State of New Mexico (acting through the Interstate Stream
Commission) and the Non-Navajo Irrigation Districts that
elect to participate, shall--
(1) conduct a study of Non-Navajo Irrigation District
diversion and ditch facilities; and
(2) based on the study, identify and prioritize a list of
projects, with associated cost estimates, that are
recommended to be implemented to repair, rehabilitate, or
reconstruct irrigation diversion and ditch facilities to
improve water use efficiency.
(b) Grants.--The Secretary may provide grants to, and enter
into cooperative agreements with, the Non-Navajo Irrigation
Districts to plan, design, or otherwise implement the
projects identified under subsection (a)(2).
(c) Cost-Sharing.--
(1) Federal share.--The Federal share of the total cost of
carrying out a project under subsection (b) shall be not more
than 50 percent, and shall be nonreimbursable.
(2) Form.--The non-Federal share required under paragraph
(1) may be in the form of in-kind contributions, including
the contribution of any valuable asset or service that the
Secretary determines would substantially contribute to a
project carried out under subsection (b).
(3) State contribution.--The Secretary may accept from the
State of New Mexico a partial or total contribution toward
the non-Federal share for a project carried out under
subsection (b).
SEC. 10609. AUTHORIZATION OF APPROPRIATIONS.
(a) Authorization of Appropriations for Navajo-Gallup Water
Supply Project.--
(1) In general.--There is authorized to be appropriated to
the Secretary to plan, design, and construct the Project
$870,000,000 for the period of fiscal years 2009 through
2024, to remain available until expended.
(2) Adjustments.--The amount under paragraph (1) shall be
adjusted by such amounts as may be required by reason of
changes since 2007 in construction costs, as indicated by
engineering cost indices applicable to the types of
construction involved.
(3) Use.--In addition to the uses authorized under
paragraph (1), amounts made available under that paragraph
may be used for the conduct of related activities to comply
with Federal environmental laws.
(4) Operation and maintenance.--
(A) In general.--There are authorized to be appropriated
such sums as are necessary to operate and maintain the
Project consistent with this subtitle.
(B) Expiration.--The authorization under subparagraph (A)
shall expire 10 years after the year the Secretary declares
the Project to be substantially complete.
(b) Appropriations for Conjunctive Use Wells.--
(1) San juan wells.--There is authorized to be appropriated
to the Secretary for the construction or rehabilitation and
operation and maintenance of conjunctive use wells under
section 10606(b) $30,000,000, as adjusted under paragraph
(3), for the period of fiscal years 2009 through 2019.
(2) Wells in the little colorado and rio grande basins.--
There are authorized to be appropriated to the Secretary for
the construction or rehabilitation and operation and
maintenance of conjunctive use wells under section 10606(c)
such sums as are necessary for the period of fiscal years
2009 through 2024.
(3) Adjustments.--The amount under paragraph (1) shall be
adjusted by such amounts as may be required by reason of
changes since 2008 in construction costs, as indicated by
engineering cost indices applicable to the types of
construction or rehabilitation involved.
(4) Nonreimbursable expenditures.--Amounts made available
under paragraphs (1) and (2) shall be nonreimbursable to the
United States.
(5) Use.--In addition to the uses authorized under
paragraphs (1) and (2), amounts made available under that
paragraph may be used for the conduct of related activities
to comply with Federal environmental laws.
(6) Limitation.--Appropriations authorized under paragraph
(1) shall not be used for operation or maintenance of any
conjunctive use wells at a time in excess of 3 years after
the well is declared substantially complete.
(c) San Juan River Irrigation Projects.--
(1) In general.--There are authorized to be appropriated to
the Secretary--
(A) to carry out section 10607(a)(1), not more than
$7,700,000, as adjusted under paragraph (2), for the period
of fiscal years 2009 through 2016, to remain available until
expended; and
(B) to carry out section 10607(a)(2), not more than
$15,400,000, as adjusted under paragraph (2), for the period
of fiscal years 2009 through 2019, to remain available until
expended.
(2) Adjustment.--The amounts made available under paragraph
(1) shall be adjusted by such amounts as may be required by
reason of changes since January 1, 2004, in construction
costs, as indicated by engineering cost indices applicable to
the types of construction involved in the rehabilitation.
(3) Nonreimbursable expenditures.--Amounts made available
under this subsection shall be nonreimbursable to the United
States.
(d) Other Irrigation Projects.--There are authorized to be
appropriated to the Secretary to carry out section 10608
$11,000,000 for the period of fiscal years 2009 through 2019.
(e) Cultural Resources.--
(1) In general.--The Secretary may use not more than 2
percent of amounts made available
[[Page 8708]]
under subsections (a), (b), and (c) for the survey, recovery,
protection, preservation, and display of archaeological
resources in the area of a Project facility or conjunctive
use well.
(2) Nonreimbursable expenditures.--Any amounts made
available under paragraph (1) shall be nonreimbursable.
(f) Fish and Wildlife Facilities.--
(1) In general.--In association with the development of the
Project, the Secretary may use not more than 4 percent of
amounts made available under subsections (a), (b), and (c) to
purchase land and construct and maintain facilities to
mitigate the loss of, and improve conditions for the
propagation of, fish and wildlife if any such purchase,
construction, or maintenance will not affect the operation of
any water project or use of water.
(2) Nonreimbursable expenditures.--Any amounts expended
under paragraph (1) shall be nonreimbursable.
PART IV--NAVAJO NATION WATER RIGHTS
SEC. 10701. AGREEMENT.
(a) Agreement Approval.--
(1) Approval by congress.--Except to the extent that any
provision of the Agreement conflicts with this subtitle,
Congress approves, ratifies, and confirms the Agreement
(including any amendments to the Agreement that are executed
to make the Agreement consistent with this subtitle).
(2) Execution by secretary.--The Secretary shall enter into
the Agreement to the extent that the Agreement does not
conflict with this subtitle, including--
(A) any exhibits to the Agreement requiring the signature
of the Secretary; and
(B) any amendments to the Agreement necessary to make the
Agreement consistent with this subtitle.
(3) Authority of secretary.--The Secretary may carry out
any action that the Secretary determines is necessary or
appropriate to implement the Agreement, the Contract, and
this section.
(4) Administration of navajo reservoir releases.--The State
of New Mexico may administer water that has been released
from storage in Navajo Reservoir in accordance with
subparagraph 9.1 of the Agreement.
(b) Water Available Under Contract.--
(1) Quantities of water available.--
(A) In general.--Water shall be made available annually
under the Contract for projects in the State of New Mexico
supplied from the Navajo Reservoir and the San Juan River
(including tributaries of the River) under New Mexico State
Engineer File Numbers 2849, 2883, and 3215 in the quantities
described in subparagraph (B).
(B) Water quantities.--The quantities of water referred to
in subparagraph (A) are as follows:
------------------------------------------------------------------------
Diversion Depletion
(acre-feet/ (acre-feet/
year) year)
------------------------------------------------------------------------
Navajo Indian Irrigation Project 508,000 270,000
Navajo-Gallup Water Supply Project 22,650 20,780
Animas-La Plata Project 4,680 2,340
Total 535,330 293,120
------------------------------------------------------------------------
(C) Maximum quantity.--A diversion of water to the Nation
under the Contract for a project described in subparagraph
(B) shall not exceed the quantity of water necessary to
supply the amount of depletion for the project.
(D) Terms, conditions, and limitations.--The diversion and
use of water under the Contract shall be subject to and
consistent with the terms, conditions, and limitations of the
Agreement, this subtitle, and any other applicable law.
(2) Amendments to contract.--The Secretary, with the
consent of the Nation, may amend the Contract if the
Secretary determines that the amendment is--
(A) consistent with the Agreement; and
(B) in the interest of conserving water or facilitating
beneficial use by the Nation or a subcontractor of the
Nation.
(3) Rights of the nation.--The Nation may, under the
Contract--
(A) use tail water, wastewater, and return flows
attributable to a use of the water by the Nation or a
subcontractor of the Nation if--
(i) the depletion of water does not exceed the quantities
described in paragraph (1); and
(ii) the use of tail water, wastewater, or return flows is
consistent with the terms, conditions, and limitations of the
Agreement, and any other applicable law; and
(B) change a point of diversion, change a purpose or place
of use, and transfer a right for depletion under this
subtitle (except for a point of diversion, purpose or place
of use, or right for depletion for use in the State of
Arizona under section 10603(b)(2)(D)), to another use,
purpose, place, or depletion in the State of New Mexico to
meet a water resource or economic need of the Nation if--
(i) the change or transfer is subject to and consistent
with the terms of the Agreement, the Partial Final Decree
described in paragraph 3.0 of the Agreement, the Contract,
and any other applicable law; and
(ii) a change or transfer of water use by the Nation does
not alter any obligation of the United States, the Nation, or
another party to pay or repay project construction,
operation, maintenance, or replacement costs under this
subtitle and the Contract.
(c) Subcontracts.--
(1) In general.--
(A) Subcontracts between nation and third parties.--The
Nation may enter into subcontracts for the delivery of
Project water under the Contract to third parties for any
beneficial use in the State of New Mexico (on or off land
held by the United States in trust for the Nation or a member
of the Nation or land held in fee by the Nation).
(B) Approval required.--A subcontract entered into under
subparagraph (A) shall not be effective until approved by the
Secretary in accordance with this subsection and the
Contract.
(C) Submittal.--The Nation shall submit to the Secretary
for approval or disapproval any subcontract entered into
under this subsection.
(D) Deadline.--The Secretary shall approve or disapprove a
subcontract submitted to the Secretary under subparagraph (C)
not later than the later of--
(i) the date that is 180 days after the date on which the
subcontract is submitted to the Secretary; and
(ii) the date that is 60 days after the date on which a
subcontractor complies with--
(I) section 102(2)(C) of the National Environmental Policy
Act of 1969 (42 U.S.C. 4332(2)(C)); and
(II) any other requirement of Federal law.
(E) Enforcement.--A party to a subcontract may enforce the
deadline described in subparagraph (D) under section 1361 of
title 28, United States Code.
(F) Compliance with other law.--A subcontract described in
subparagraph (A) shall comply with the Agreement, the Partial
Final Decree described in paragraph 3.0 of the Agreement, and
any other applicable law.
(G) No liability.--The Secretary shall not be liable to any
party, including the Nation, for any term of, or any loss or
other detriment resulting from, a lease, contract, or other
agreement entered into pursuant to this subsection.
(2) Alienation.--
(A) Permanent alienation.--The Nation shall not permanently
alienate any right granted to the Nation under the Contract.
(B) Maximum term.--The term of any water use subcontract
(including a renewal) under this subsection shall be not more
than 99 years.
(3) Nonintercourse act compliance.--This subsection--
(A) provides congressional authorization for the
subcontracting rights of the Nation; and
(B) is deemed to fulfill any requirement that may be
imposed by section 2116 of the Revised Statutes (25 U.S.C.
177).
(4) Forfeiture.--The nonuse of the water supply secured by
a subcontractor of the Nation under this subsection shall not
result in forfeiture, abandonment, relinquishment, or other
loss of any part of a right decreed to the Nation under the
Contract or this section.
(5) No per capita payments.--No part of the revenue from a
water use subcontract under this subsection shall be
distributed to any member of the Nation on a per capita
basis.
(d) Water Leases Not Requiring Subcontracts.--
(1) Authority of nation.--
(A) In general.--The Nation may lease, contract, or
otherwise transfer to another party or to another purpose or
place of use in the State of New Mexico (on or off land that
is held by the United States in trust for the Nation or a
member of the Nation or held in fee by the Nation) a water
right that--
(i) is decreed to the Nation under the Agreement; and
(ii) is not subject to the Contract.
(B) Compliance with other law.--In carrying out an action
under this subsection, the Nation shall comply with the
Agreement, the Partial Final Decree described in paragraph
3.0 of the Agreement, the Supplemental Partial Final Decree
described in paragraph 4.0 of the Agreement, and any other
applicable law.
(2) Alienation; maximum term.--
(A) Alienation.--The Nation shall not permanently alienate
any right granted to the Nation under the Agreement.
(B) Maximum term.--The term of any water use lease,
contract, or other arrangement (including a renewal) under
this subsection shall be not more than 99 years.
(3) No liability.--The Secretary shall not be liable to any
party, including the Nation, for any term of, or any loss or
other detriment resulting from, a lease, contract, or other
agreement entered into pursuant to this subsection.
(4) Nonintercourse act compliance.--This subsection--
(A) provides congressional authorization for the lease,
contracting, and transfer of any water right described in
paragraph (1)(A); and
(B) is deemed to fulfill any requirement that may be
imposed by the provisions of section 2116 of the Revised
Statutes (25 U.S.C. 177).
(5) Forfeiture.--The nonuse of a water right of the Nation
by a lessee or contractor to the Nation under this subsection
shall not result in forfeiture, abandonment, relinquishment,
or other loss of any part of a right decreed to the Nation
under the Contract or this section.
(e) Nullification.--
(1) Deadlines.--
(A) In general.--In carrying out this section, the
following deadlines apply with respect to implementation of
the Agreement:
(i) Agreement.--Not later than December 31, 2010, the
Secretary shall execute the Agreement.
(ii) Contract.--Not later than December 31, 2010, the
Secretary and the Nation shall execute the Contract.
(iii) Partial final decree.--Not later than December 31,
2013, the court in the stream adjudication shall have entered
the Partial Final Decree described in paragraph 3.0 of the
Agreement.
(iv) Fruitland-cambridge irrigation project.--Not later
than December 31, 2016, the
[[Page 8709]]
rehabilitation construction of the Fruitland-Cambridge
Irrigation Project authorized under section 10607(a)(1) shall
be completed.
(v) Supplemental partial final decree.--Not later than
December 31, 2016, the court in the stream adjudication shall
enter the Supplemental Partial Final Decree described in
subparagraph 4.0 of the Agreement.
(vi) Hogback-cudei irrigation project.--Not later than
December 31, 2019, the rehabilitation construction of the
Hogback-Cudei Irrigation Project authorized under section
10607(a)(2) shall be completed.
(vii) Trust fund.--Not later than December 31, 2019, the
United States shall make all deposits into the Trust Fund
under section 10702.
(viii) Conjunctive wells.--Not later than December 31,
2019, the funds authorized to be appropriated under section
10609(b)(1) for the conjunctive use wells authorized under
section 10606(b) should be appropriated.
(ix) Navajo-gallup water supply project.--Not later than
December 31, 2024, the construction of all Project facilities
shall be completed.
(B) Extension.--A deadline described in subparagraph (A)
may be extended if the Nation, the United States (acting
through the Secretary), and the State of New Mexico (acting
through the New Mexico Interstate Stream Commission) agree
that an extension is reasonably necessary.
(2) Revocability of agreement, contract and
authorizations.--
(A) Petition.--If the Nation determines that a deadline
described in paragraph (1)(A) is not substantially met, the
Nation may submit to the court in the stream adjudication a
petition to enter an order terminating the Agreement and
Contract.
(B) Termination.--On issuance of an order to terminate the
Agreement and Contract under subparagraph (A)--
(i) the Trust Fund shall be terminated;
(ii) the balance of the Trust Fund shall be deposited in
the general fund of the Treasury;
(iii) the authorizations for construction and
rehabilitation of water projects under this subtitle shall be
revoked and any Federal activity related to that construction
and rehabilitation shall be suspended; and
(iv) this part and parts I and III shall be null and void.
(3) Conditions not causing nullification of settlement.--
(A) In general.--If a condition described in subparagraph
(B) occurs, the Agreement and Contract shall not be nullified
or terminated.
(B) Conditions.--The conditions referred to in subparagraph
(A) are as follows:
(i) A lack of right to divert at the capacities of
conjunctive use wells constructed or rehabilitated under
section 10606.
(ii) A failure--
(I) to determine or resolve an accounting of the use of
water under this subtitle in the State of Arizona;
(II) to obtain a necessary water right for the consumptive
use of water in Arizona;
(III) to contract for the delivery of water for use in
Arizona; or
(IV) to construct and operate a lateral facility to deliver
water to a community of the Nation in Arizona, under the
Project.
(f) Effect on Rights of Indian Tribes.--
(1) In general.--Except as provided in paragraph (2),
nothing in the Agreement, the Contract, or this section
quantifies or adversely affects the land and water rights, or
claims or entitlements to water, of any Indian tribe or
community other than the rights, claims, or entitlements of
the Nation in, to, and from the San Juan River Basin in the
State of New Mexico.
(2) Exception.--The right of the Nation to use water under
water rights the Nation has in other river basins in the
State of New Mexico shall be forborne to the extent that the
Nation supplies the uses for which the water rights exist by
diversions of water from the San Juan River Basin under the
Project consistent with subparagraph 9.13 of the Agreement.
SEC. 10702. TRUST FUND.
(a) Establishment.--There is established in the Treasury a
fund to be known as the ``Navajo Nation Water Resources
Development Trust Fund'', consisting of--
(1) such amounts as are appropriated to the Trust Fund
under subsection (f); and
(2) any interest earned on investment of amounts in the
Trust Fund under subsection (d).
(b) Use of Funds.--The Nation may use amounts in the Trust
Fund--
(1) to investigate, construct, operate, maintain, or
replace water project facilities, including facilities
conveyed to the Nation under this subtitle and facilities
owned by the United States for which the Nation is
responsible for operation, maintenance, and replacement
costs; and
(2) to investigate, implement, or improve a water
conservation measure (including a metering or monitoring
activity) necessary for the Nation to make use of a water
right of the Nation under the Agreement.
(c) Management.--The Secretary shall manage the Trust Fund,
invest amounts in the Trust Fund pursuant to subsection (d),
and make amounts available from the Trust Fund for
distribution to the Nation in accordance with the American
Indian Trust Fund Management Reform Act of 1994 (25 U.S.C.
4001 et seq.).
(d) Investment of the Trust Fund.--Beginning on October 1,
2019, the Secretary shall invest amounts in the Trust Fund in
accordance with--
(1) the Act of April 1, 1880 (25 U.S.C. 161);
(2) the first section of the Act of June 24, 1938 (25
U.S.C. 162a); and
(3) the American Indian Trust Fund Management Reform Act of
1994 (25 U.S.C. 4001 et seq.).
(e) Conditions for Expenditures and Withdrawals.--
(1) Tribal management plan.--
(A) In general.--Subject to paragraph (7), on approval by
the Secretary of a tribal management plan in accordance with
the American Indian Trust Fund Management Reform Act of 1994
(25 U.S.C. 4001 et seq.), the Nation may withdraw all or a
portion of the amounts in the Trust Fund.
(B) Requirements.--In addition to any requirements under
the American Indian Trust Fund Management Reform Act of 1994
(25 U.S.C. 4001 et seq.), the tribal management plan shall
require that the Nation only use amounts in the Trust Fund
for the purposes described in subsection (b), including the
identification of water conservation measures to be
implemented in association with the agricultural water use of
the Nation.
(2) Enforcement.--The Secretary may take judicial or
administrative action to enforce the provisions of any tribal
management plan to ensure that any amounts withdrawn from the
Trust Fund are used in accordance with this subtitle.
(3) No liability.--Neither the Secretary nor the Secretary
of the Treasury shall be liable for the expenditure or
investment of any amounts withdrawn from the Trust Fund by
the Nation.
(4) Expenditure plan.--
(A) In general.--The Nation shall submit to the Secretary
for approval an expenditure plan for any portion of the
amounts in the Trust Fund made available under this section
that the Nation does not withdraw under this subsection.
(B) Description.--The expenditure plan shall describe the
manner in which, and the purposes for which, funds of the
Nation remaining in the Trust Fund will be used.
(C) Approval.--On receipt of an expenditure plan under
subparagraph (A), the Secretary shall approve the plan if the
Secretary determines that the plan is reasonable and
consistent with this subtitle.
(5) Annual report.--The Nation shall submit to the
Secretary an annual report that describes any expenditures
from the Trust Fund during the year covered by the report.
(6) Limitation.--No portion of the amounts in the Trust
Fund shall be distributed to any Nation member on a per
capita basis.
(7) Conditions.--Any amount authorized to be appropriated
to the Trust Fund under subsection (f) shall not be available
for expenditure or withdrawal--
(A) before December 31, 2019; and
(B) until the date on which the court in the stream
adjudication has entered--
(i) the Partial Final Decree; and
(ii) the Supplemental Partial Final Decree.
(f) Authorization of Appropriations.--There are authorized
to be appropriated for deposit in the Trust Fund--
(1) $6,000,000 for each of fiscal years 2010 through 2014;
and
(2) $4,000,000 for each of fiscal years 2015 through 2019.
SEC. 10703. WAIVERS AND RELEASES.
(a) Claims by the Nation and the United States.--In return
for recognition of the Nation's water rights and other
benefits, including but not limited to the commitments by
other parties, as set forth in the Agreement and this
subtitle, the Nation, on behalf of itself and members of the
Nation (other than members in the capacity of the members as
allottees), and the United States acting in its capacity as
trustee for the Nation, shall execute a waiver and release
of--
(1) all claims for water rights in, or for waters of, the
San Juan River Basin in the State of New Mexico that the
Nation, or the United States as trustee for the Nation,
asserted, or could have asserted, in any proceeding,
including but not limited to the stream adjudication, up to
and including the effective date described in subsection (e),
except to the extent that such rights are recognized in the
Agreement or this subtitle;
(2) all claims for damages, losses, or injuries to water
rights or claims of interference with, diversion, or taking
of water (including but not limited to claims for injury to
lands resulting from such damages, losses, injuries,
interference with, diversion, or taking) in the San Juan
River Basin in the State of New Mexico that accrued at any
time up to and including the effective date described in
subsection (e);
(3) all claims of any damage, loss, or injury or for
injunctive or other relief because of the condition of or
changes in water quality related to, or arising out of, the
exercise of water rights; and
(4) all claims against the State of New Mexico, its
agencies, or employees relating to the negotiation or the
adoption of the Agreement.
(b) Claims by the Nation Against the United States.--The
Nation, on behalf of itself and its members (other than in
the capacity of the members as allottees), shall execute a
waiver and release of--
(1) all claims against the United States, its agencies, or
employees relating to claims for water rights in or waters of
the San Juan River Basin in the State of New Mexico that the
United States, acting in its capacity as trustee for the
Nation, asserted, or could have asserted, in any proceeding,
including but not limited to the stream adjudication;
(2) all claims against the United States, its agencies, or
employees relating to damages, losses, or injuries to water,
water rights, land,
[[Page 8710]]
or natural resources due to loss of water or water rights
(including but not limited to damages, losses, or injuries to
hunting, fishing, gathering, or cultural rights due to loss
of water or water rights; claims relating to inference with,
diversion, or taking of water or water rights; or claims
relating to failure to protect, acquire, replace, or develop
water or water rights) in the San Juan River Basin in the
State of New Mexico that first accrued at any time up to and
including the effective date described in subsection (e);
(3) all claims against the United States, its agencies, or
employees relating to the pending litigation of claims
relating to the Nation's water rights in the stream
adjudication; and
(4) all claims against the United States, its agencies, or
employees relating to the negotiation, execution, or the
adoption of the Agreement, the decrees, the Contract, or this
subtitle.
(c) Reservation of Claims.--Notwithstanding the waivers and
releases authorized in this subtitle, the Nation on behalf of
itself and its members (including members in the capacity of
the members as allottees) and the United States acting in its
capacity as trustee for the Nation and allottees, retain--
(1) all claims for water rights or injuries to water rights
arising out of activities occurring outside the San Juan
River Basin in the State of New Mexico, subject to paragraphs
8.0, 9.3, 9.12, 9.13, and 13.9 of the Agreement;
(2) all claims for enforcement of the Agreement, the
Contract, the Partial Final Decree, the Supplemental Partial
Final Decree, or this subtitle, through any legal and
equitable remedies available in any court of competent
jurisdiction;
(3) all rights to use and protect water rights acquired
pursuant to State law after the date of enactment of this
Act;
(4) all claims relating to activities affecting the quality
of water not related to the exercise of water rights,
including but not limited to any claims the Nation might have
under--
(A) the Comprehensive Environmental Response, Compensation,
and Liability Act of 1980 (42 U.S.C. 9601 et seq.);
(B) the Safe Drinking Water Act (42 U.S.C. 300f et seq.);
and
(C) the Federal Water Pollution Control Act (33 U.S.C. 1251
et seq.);
(5) all claims relating to damages, losses, or injuries to
land or natural resources not due to loss of water or water
rights; and
(6) all rights, remedies, privileges, immunities, and
powers not specifically waived and released under the terms
of the Agreement or this subtitle.
(d) Tolling of Claims.--
(1) In general.--Each applicable period of limitation and
time-based equitable defense relating to a claim described in
this section shall be tolled for the period beginning on the
date of enactment of this Act and ending on the earlier of--
(A) March 1, 2025; or
(B) the effective date described in subsection (e).
(2) Effect of subsection.--Nothing in this subsection
revives any claim or tolls any period of limitation or time-
based equitable defense that expired before the date of
enactment of this Act.
(3) Limitation.--Nothing in this section precludes the
tolling of any period of limitations or any time-based
equitable defense under any other applicable law.
(e) Effective Date.--
(1) In general.--The waivers and releases described in
subsections (a) and (b) shall be effective on the date on
which the Secretary publishes in the Federal Register a
statement of findings documenting that each of the deadlines
described in section 10701(e)(1) have been met.
(2) Deadline.--If the deadlines described in section
10701(e)(1)(A) have not been met by the later of March 1,
2025, or the date of any extension under section
10701(e)(1)(B)--
(A) the waivers and releases described in subsections (a)
and (b) shall be of no effect; and
(B) section 10701(e)(2)(B) shall apply.
SEC. 10704. WATER RIGHTS HELD IN TRUST.
A tribal water right adjudicated and described in paragraph
3.0 of the Partial Final Decree and in paragraph 3.0 of the
Supplemental Partial Final Decree shall be held in trust by
the United States on behalf of the Nation.
Subtitle C--Shoshone-Paiute Tribes of the Duck Valley Reservation Water
Rights Settlement
SEC. 10801. FINDINGS.
Congress finds that--
(1) it is the policy of the United States, in accordance
with the trust responsibility of the United States to Indian
tribes, to promote Indian self-determination and economic
self-sufficiency and to settle Indian water rights claims
without lengthy and costly litigation, if practicable;
(2) quantifying rights to water and development of
facilities needed to use tribal water supplies is essential
to the development of viable Indian reservation economies and
the establishment of a permanent reservation homeland;
(3) uncertainty concerning the extent of the Shoshone-
Paiute Tribes' water rights has resulted in limited access to
water and inadequate financial resources necessary to achieve
self-determination and self-sufficiency;
(4) in 2006, the Tribes, the State of Idaho, the affected
individual water users, and the United States resolved all
tribal claims to water rights in the Snake River Basin
Adjudication through a consent decree entered by the District
Court of the Fifth Judicial District of the State of Idaho,
requiring no further Federal action to quantify the Tribes'
water rights in the State of Idaho;
(5) as of the date of enactment of this Act, proceedings to
determine the extent and nature of the water rights of the
Tribes in the East Fork of the Owyhee River in Nevada are
pending before the Nevada State Engineer;
(6) final resolution of the Tribes' water claims in the
East Fork of the Owyhee River adjudication will--
(A) take many years;
(B) entail great expense;
(C) continue to limit the access of the Tribes to water,
with economic and social consequences;
(D) prolong uncertainty relating to the availability of
water supplies; and
(E) seriously impair long-term economic planning and
development for all parties to the litigation;
(7) after many years of negotiation, the Tribes, the State,
and the upstream water users have entered into a settlement
agreement to resolve permanently all water rights of the
Tribes in the State; and
(8) the Tribes also seek to resolve certain water-related
claims for damages against the United States.
SEC. 10802. PURPOSES.
The purposes of this subtitle are--
(1) to resolve outstanding issues with respect to the East
Fork of the Owyhee River in the State in such a manner as to
provide important benefits to--
(A) the United States;
(B) the State;
(C) the Tribes; and
(D) the upstream water users;
(2) to achieve a fair, equitable, and final settlement of
all claims of the Tribes, members of the Tribes, and the
United States on behalf of the Tribes and members of Tribes
to the waters of the East Fork of the Owyhee River in the
State;
(3) to ratify and provide for the enforcement of the
Agreement among the parties to the litigation;
(4) to resolve the Tribes' water-related claims for damages
against the United States;
(5) to require the Secretary to perform all obligations of
the Secretary under the Agreement and this subtitle; and
(6) to authorize the actions and appropriations necessary
to meet the obligations of the United States under the
Agreement and this subtitle.
SEC. 10803. DEFINITIONS.
In this subtitle:
(1) Agreement.--The term ``Agreement'' means the agreement
entitled the ``Agreement to Establish the Relative Water
Rights of the Shoshone-Paiute Tribes of the Duck Valley
Reservation and the Upstream Water Users, East Fork Owyhee
River'' and signed in counterpart between, on, or about
September 22, 2006, and January 15, 2007 (including all
attachments to that Agreement).
(2) Development fund.--The term ``Development Fund'' means
the Shoshone-Paiute Tribes Water Rights Development Fund
established by section 10807(b)(1).
(3) East fork of the owyhee river.--The term ``East Fork of
the Owyhee River'' means the portion of the east fork of the
Owyhee River that is located in the State.
(4) Maintenance fund.--The term ``Maintenance Fund'' means
the Shoshone-Paiute Tribes Operation and Maintenance Fund
established by section 10807(c)(1).
(5) Reservation.--The term ``Reservation'' means the Duck
Valley Reservation established by the Executive order dated
April 16, 1877, as adjusted pursuant to the Executive order
dated May 4, 1886, and Executive order numbered 1222 and
dated July 1, 1910, for use and occupation by the Western
Shoshones and the Paddy Cap Band of Paiutes.
(6) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(7) State.--The term ``State'' means the State of Nevada.
(8) Tribal water rights.--The term ``tribal water rights''
means rights of the Tribes described in the Agreement
relating to water, including groundwater, storage water, and
surface water.
(9) Tribes.--The term ``Tribes'' means the Shoshone-Paiute
Tribes of the Duck Valley Reservation.
(10) Upstream water user.--The term ``upstream water user''
means a non-Federal water user that--
(A) is located upstream from the Reservation on the East
Fork of the Owyhee River; and
(B) is a signatory to the Agreement as a party to the East
Fork of the Owyhee River adjudication.
SEC. 10804. APPROVAL, RATIFICATION, AND CONFIRMATION OF
AGREEMENT; AUTHORIZATION.
(a) In General.--Except as provided in subsection (c) and
except to the extent that the Agreement otherwise conflicts
with provisions of this subtitle, the Agreement is approved,
ratified, and confirmed.
(b) Secretarial Authorization.--The Secretary is authorized
and directed to execute the Agreement as approved by
Congress.
(c) Exception for Tribal Water Marketing.--Notwithstanding
any language in the Agreement to the contrary, nothing in
this subtitle authorizes the Tribes to use or authorize
others to use tribal water rights off the Reservation, other
than use for storage at Wild Horse Reservoir for use on
tribal land and for the allocation of 265 acre feet to
upstream water users
[[Page 8711]]
under the Agreement, or use on tribal land off the
Reservation.
(d) Environmental Compliance.--Execution of the Agreement
by the Secretary under this section shall not constitute
major Federal action under the National Environmental Policy
Act (42 U.S.C. 4321 et seq.). The Secretary shall carry out
all environmental compliance required by Federal law in
implementing the Agreement.
(e) Performance of Obligations.--The Secretary and any
other head of a Federal agency obligated under the Agreement
shall perform actions necessary to carry out an obligation
under the Agreement in accordance with this subtitle.
SEC. 10805. TRIBAL WATER RIGHTS.
(a) In General.--Tribal water rights shall be held in trust
by the United States for the benefit of the Tribes.
(b) Administration.--
(1) Enactment of water code.--Not later than 3 years after
the date of enactment of this Act, the Tribes, in accordance
with provisions of the Tribes' constitution and subject to
the approval of the Secretary, shall enact a water code to
administer tribal water rights.
(2) Interim administration.--The Secretary shall regulate
the tribal water rights during the period beginning on the
date of enactment of this Act and ending on the date on which
the Tribes enact a water code under paragraph (1).
(c) Tribal Water Rights Not Subject to Loss.--The tribal
water rights shall not be subject to loss by abandonment,
forfeiture, or nonuse.
SEC. 10806. DUCK VALLEY INDIAN IRRIGATION PROJECT.
(a) Status of the Duck Valley Indian Irrigation Project.--
Nothing in this subtitle shall affect the status of the Duck
Valley Indian Irrigation Project under Federal law.
(b) Capital Costs Nonreimbursable.--The capital costs
associated with the Duck Valley Indian Irrigation Project as
of the date of enactment of this Act, including any capital
cost incurred with funds distributed under this subtitle for
the Duck Valley Indian Irrigation Project, shall be
nonreimbursable.
SEC. 10807. DEVELOPMENT AND MAINTENANCE FUNDS.
(a) Definition of Funds.--In this section, the term
``Funds'' means--
(1) the Development Fund; and
(2) the Maintenance Fund.
(b) Development Fund.--
(1) Establishment.--There is established in the Treasury of
the United States a fund to be known as the ``Shoshone-Paiute
Tribes Water Rights Development Fund''.
(2) Use of funds.--
(A) Priority use of funds for rehabilitation.--The Tribes
shall use amounts in the Development Fund to--
(i) rehabilitate the Duck Valley Indian Irrigation Project;
or
(ii) for other purposes under subparagraph (B), provided
that the Tribes have given written notification to the
Secretary that--
(I) the Duck Valley Indian Irrigation Project has been
rehabilitated to an acceptable condition; or
(II) sufficient funds will remain available from the
Development Fund to rehabilitate the Duck Valley Indian
Irrigation Project to an acceptable condition after expending
funds for other purposes under subparagraph (B).
(B) Other uses of funds.--Once the Tribes have provided
written notification as provided in subparagraph (A)(ii)(I)
or (A)(ii)(II), the Tribes may use amounts from the
Development Fund for any of the following purposes:
(i) To expand the Duck Valley Indian Irrigation Project.
(ii) To pay or reimburse costs incurred by the Tribes in
acquiring land and water rights.
(iii) For purposes of cultural preservation.
(iv) To restore or improve fish or wildlife habitat.
(v) For fish or wildlife production, water resource
development, or agricultural development.
(vi) For water resource planning and development.
(vii) To pay the costs of--
(I) designing and constructing water supply and sewer
systems for tribal communities, including a water quality
testing laboratory;
(II) other appropriate water-related projects and other
related economic development projects;
(III) the development of a water code; and
(IV) other costs of implementing the Agreement.
(3) Authorization of appropriations.--There is authorized
to be appropriated to the Secretary for deposit in the
Development Fund $9,000,000 for each of fiscal years 2010
through 2014.
(c) Maintenance Fund.--
(1) Establishment.--There is established in the Treasury of
the United States a fund to be known as the ``Shoshone-Paiute
Tribes Operation and Maintenance Fund''.
(2) Use of funds.--The Tribes shall use amounts in the
Maintenance Fund to pay or provide reimbursement for--
(A) operation, maintenance, and replacement costs of the
Duck Valley Indian Irrigation Project and other water-related
projects funded under this subtitle; or
(B) operation, maintenance, and replacement costs of water
supply and sewer systems for tribal communities, including
the operation and maintenance costs of a water quality
testing laboratory.
(3) Authorization of appropriations.--There is authorized
to be appropriated to the Secretary for deposit in the
Maintenance Fund $3,000,000 for each of fiscal years 2010
through 2014.
(d) Availability of Amounts From Funds.--Amounts made
available under subsections (b)(3) and (c)(3) shall be
available for expenditure or withdrawal only after the
effective date described in section 10808(d).
(e) Administration of Funds.--Upon completion of the
actions described in section 10808(d), the Secretary, in
accordance with the American Indian Trust Fund Management
Reform Act of 1994 (25 U.S.C. 4001 et seq.) shall manage the
Funds, including by investing amounts from the Funds in
accordance with the Act of April 1, 1880 (25 U.S.C. 161), and
the first section of the Act of June 24, 1938 (25 U.S.C.
162a).
(f) Expenditures and Withdrawal.--
(1) Tribal management plan.--
(A) In general.--The Tribes may withdraw all or part of
amounts in the Funds on approval by the Secretary of a tribal
management plan as described in the American Indian Trust
Fund Management Reform Act of 1994 (25 U.S.C. 4001 et seq.).
(B) Requirements.--In addition to the requirements under
the American Indian Trust Fund Management Reform Act of 1994
(25 U.S.C. 4001 et seq.), the tribal management plan shall
require that the Tribes spend any amounts withdrawn from the
Funds in accordance with the purposes described in subsection
(b)(2) or (c)(2).
(C) Enforcement.--The Secretary may take judicial or
administrative action to enforce the provisions of any tribal
management plan to ensure that any amounts withdrawn from the
Funds under the plan are used in accordance with this
subtitle and the Agreement.
(D) Liability.--If the Tribes exercise the right to
withdraw amounts from the Funds, neither the Secretary nor
the Secretary of the Treasury shall retain any liability for
the expenditure or investment of the amounts.
(2) Expenditure plan.--
(A) In general.--The Tribes shall submit to the Secretary
for approval an expenditure plan for any portion of the
amounts in the Funds that the Tribes do not withdraw under
the tribal management plan.
(B) Description.--The expenditure plan shall describe the
manner in which, and the purposes for which, amounts of the
Tribes remaining in the Funds will be used.
(C) Approval.--On receipt of an expenditure plan under
subparagraph (A), the Secretary shall approve the plan if the
Secretary determines that the plan is reasonable and
consistent with this subtitle and the Agreement.
(D) Annual report.--For each Fund, the Tribes shall submit
to the Secretary an annual report that describes all
expenditures from the Fund during the year covered by the
report.
(3) Funding agreement.--Notwithstanding any other provision
of this subtitle, on receipt of a request from the Tribes,
the Secretary shall include an amount from funds made
available under this section in the funding agreement of the
Tribes under title IV of the Indian Self-Determination and
Education Assistance Act (25 U.S.C. 458aa et seq.), for use
in accordance with subsections (b)(2) and (c)(2). No amount
made available under this subtitle may be requested until the
waivers under section 10808(a) take effect.
(g) No Per Capita Payments.--No amount from the Funds
(including any interest income that would have accrued to the
Funds after the effective date) shall be distributed to a
member of the Tribes on a per capita basis.
SEC. 10808. TRIBAL WAIVER AND RELEASE OF CLAIMS.
(a) Waiver and Release of Claims by Tribes and United
States Acting as Trustee for Tribes.--In return for
recognition of the Tribes' water rights and other benefits as
set forth in the Agreement and this subtitle, the Tribes, on
behalf of themselves and their members, and the United States
acting in its capacity as trustee for the Tribes are
authorized to execute a waiver and release of--
(1) all claims for water rights in the State of Nevada that
the Tribes, or the United States acting in its capacity as
trustee for the Tribes, asserted, or could have asserted, in
any proceeding, including pending proceedings before the
Nevada State Engineer to determine the extent and nature of
the water rights of the Tribes in the East Fork of the Owyhee
River in Nevada, up to and including the effective date,
except to the extent that such rights are recognized in the
Agreement or this subtitle; and
(2) all claims for damages, losses or injuries to water
rights or claims of interference with, diversion or taking of
water rights (including claims for injury to lands resulting
from such damages, losses, injuries, interference with,
diversion, or taking of water rights) within the State of
Nevada that accrued at any time up to and including the
effective date.
(b) Waiver and Release of Claims by Tribes Against United
States.--The Tribes, on behalf of themselves and their
members, are authorized to execute a waiver and release of--
(1) all claims against the United States, its agencies, or
employees, relating in any manner to claims for water rights
in or water of the States of Nevada and Idaho that the United
States acting in its capacity as trustee for the Tribes
asserted, or could have asserted, in any proceeding,
including pending proceedings before the Nevada State
Engineer to determine the extent and nature of the water
rights of the Tribes in the East Fork of the Owyhee River in
Nevada, and the Snake River Basin Adjudication in Idaho;
[[Page 8712]]
(2) all claims against the United States, its agencies, or
employees relating in any manner to damages, losses, or
injuries to water, water rights, land, or other resources due
to loss of water or water rights (including damages, losses
or injuries to fishing and other similar rights due to loss
of water or water rights; claims relating to interference
with, diversion or taking of water; or claims relating to
failure to protect, acquire, replace, or develop water, water
rights or water infrastructure) within the States of Nevada
and Idaho that first accrued at any time up to and including
the effective date;
(3) all claims against the United States, its agencies, or
employees relating to the operation, maintenance, or
rehabilitation of the Duck Valley Indian Irrigation Project
that first accrued at any time up to and including the date
upon which the Tribes notify the Secretary as provided in
section 10807(b)(2)(A)(ii)(I) that the rehabilitation of the
Duck Valley Indian Irrigation Project under this subtitle to
an acceptable level has been accomplished;
(4) all claims against the United States, its agencies, or
employees relating in any manner to the litigation of claims
relating to the Tribes' water rights in pending proceedings
before the Nevada State Engineer to determine the extent and
nature of the water rights of the Tribes in the East Fork of
the Owyhee River in Nevada or the Snake River Basin
Adjudication in Idaho; and
(5) all claims against the United States, its agencies, or
employees relating in any manner to the negotiation,
execution, or adoption of the Agreement, exhibits thereto,
the decree referred to in subsection (d)(2), or this
subtitle.
(c) Reservation of Rights and Retention of Claims.--
Notwithstanding the waivers and releases authorized in this
subtitle, the Tribes on their own behalf and the United
States acting in its capacity as trustee for the Tribes
retain--
(1) all claims for enforcement of the Agreement, the decree
referred to in subsection (d)(2), or this subtitle, through
such legal and equitable remedies as may be available in the
decree court or the appropriate Federal court;
(2) all rights to acquire a water right in a State to the
same extent as any other entity in the State, in accordance
with State law, and to use and protect water rights acquired
after the date of enactment of this Act;
(3) all claims relating to activities affecting the quality
of water including any claims the Tribes might have under the
Comprehensive Environmental Response, Compensation, and
Liability Act of 1980 (42 U.S.C. 9601 et seq.) (including
claims for damages to natural resources), the Safe Drinking
Water Act (42 U.S.C. 300f et seq.), the Federal Water
Pollution Control Act (33 U.S.C. 1251 et seq.), and the
regulations implementing those Acts; and
(4) all rights, remedies, privileges, immunities, and
powers not specifically waived and released pursuant to this
subtitle.
(d) Effective Date.--Notwithstanding anything in the
Agreement to the contrary, the waivers by the Tribes, or the
United States on behalf of the Tribes, under this section
shall take effect on the date on which the Secretary
publishes in the Federal Register a statement of findings
that includes a finding that--
(1) the Agreement and the waivers and releases authorized
and set forth in subsections (a) and (b) have been executed
by the parties and the Secretary;
(2) the Fourth Judicial District Court, Elko County,
Nevada, has issued a judgment and decree consistent with the
Agreement from which no further appeal can be taken; and
(3) the amounts authorized under subsections (b)(3) and
(c)(3) of section 10807 have been appropriated.
(e) Failure To Publish Statement of Findings.--If the
Secretary does not publish a statement of findings under
subsection (d) by March 31, 2016--
(1) the Agreement and this subtitle shall not take effect;
and
(2) any funds that have been appropriated under this
subtitle shall immediately revert to the general fund of the
United States Treasury.
(f) Tolling of Claims.--
(1) In general.--Each applicable period of limitation and
time-based equitable defense relating to a claim described in
this section shall be tolled for the period beginning on the
date of enactment of this Act and ending on the date on which
the amounts authorized to be appropriated under subsections
(b)(3) and (c)(3) of section 10807 are appropriated.
(2) Effect of subparagraph.--Nothing in this subparagraph
revives any claim or tolls any period of limitation or time-
based equitable defense that expired before the date of
enactment of this Act.
SEC. 10809. MISCELLANEOUS.
(a) General Disclaimer.--The parties to the Agreement
expressly reserve all rights not specifically granted,
recognized, or relinquished by--
(1) the settlement described in the Agreement; or
(2) this subtitle.
(b) Limitation of Claims and Rights.--Nothing in this
subtitle--
(1) establishes a standard for quantifying--
(A) a Federal reserved water right;
(B) an aboriginal claim; or
(C) any other water right claim of an Indian tribe in a
judicial or administrative proceeding;
(2) affects the ability of the United States, acting in its
sovereign capacity, to take actions authorized by law,
including any laws relating to health, safety, or the
environment, including the Comprehensive Environmental
Response, Compensation, and Liability Act of 1980 (42 U.S.C.
9601 et seq.), the Safe Drinking Water Act (42 U.S.C. 300f et
seq.), the Federal Water Pollution Control Act (33 U.S.C.
1251 et seq.), the Solid Waste Disposal Act (42 U.S.C. 6901
et seq.) (commonly known as the ``Resource Conservation and
Recovery Act of 1976''), and the regulations implementing
those Acts;
(3) affects the ability of the United States to take
actions, acting in its capacity as trustee for any other
Tribe, Pueblo, or allottee;
(4) waives any claim of a member of the Tribes in an
individual capacity that does not derive from a right of the
Tribes; or
(5) limits the right of a party to the Agreement to
litigate any issue not resolved by the Agreement or this
subtitle.
(c) Admission Against Interest.--Nothing in this subtitle
constitutes an admission against interest by a party in any
legal proceeding.
(d) Reservation.--The Reservation shall be--
(1) considered to be the property of the Tribes; and
(2) permanently held in trust by the United States for the
sole use and benefit of the Tribes.
(e) Jurisdiction.--
(1) Subject matter jurisdiction.--Nothing in the Agreement
or this subtitle restricts, enlarges, or otherwise determines
the subject matter jurisdiction of any Federal, State, or
tribal court.
(2) Civil or regulatory jurisdiction.--Nothing in the
Agreement or this subtitle impairs or impedes the exercise of
any civil or regulatory authority of the United States, the
State, or the Tribes.
(3) Consent to jurisdiction.--The United States consents to
jurisdiction in a proper forum for purposes of enforcing the
provisions of the Agreement.
(4) Effect of subsection.--Nothing in this subsection
confers jurisdiction on any State court to--
(A) interpret Federal law regarding the health, safety, or
the environment or determine the duties of the United States
or other parties pursuant to such Federal law; or
(B) conduct judicial review of a Federal agency action.
TITLE XI--UNITED STATES GEOLOGICAL SURVEY AUTHORIZATIONS
SEC. 11001. REAUTHORIZATION OF THE NATIONAL GEOLOGIC MAPPING
ACT OF 1992.
(a) Findings.--Section 2(a) of the National Geologic
Mapping Act of 1992 (43 U.S.C. 31a(a)) is amended--
(1) by striking paragraph (1) and inserting the following:
``(1) although significant progress has been made in the
production of geologic maps since the establishment of the
national cooperative geologic mapping program in 1992, no
modern, digital, geologic map exists for approximately 75
percent of the United States;''; and
(2) in paragraph (2)--
(A) in subparagraph (C), by inserting ``homeland and''
after ``planning for'';
(B) in subparagraph (E), by striking ``predicting'' and
inserting ``identifying'';
(C) in subparagraph (I), by striking ``and'' after the
semicolon at the end;
(D) by redesignating subparagraph (J) as subparagraph (K);
and
(E) by inserting after subparagraph (I) the following:
``(J) recreation and public awareness; and''; and
(3) in paragraph (9), by striking ``important'' and
inserting ``available''.
(b) Purpose.--Section 2(b) of the National Geologic Mapping
Act of 1992 (43 U.S.C. 31a(b)) is amended by inserting ``and
management'' before the period at the end.
(c) Deadlines for Actions by the United States Geological
Survey.--Section 4(b)(1) of the National Geologic Mapping Act
of 1992 (43 U.S.C. 31c(b)(1)) is amended in the second
sentence--
(1) in subparagraph (A), by striking ``not later than'' and
all that follows through the semicolon and inserting ``not
later than 1 year after the date of enactment of the Omnibus
Public Land Management Act of 2009;'';
(2) in subparagraph (B), by striking ``not later than'' and
all that follows through ``in accordance'' and inserting
``not later than 1 year after the date of enactment of the
Omnibus Public Land Management Act of 2009 in accordance'';
and
(3) in the matter preceding clause (i) of subparagraph (C),
by striking ``not later than'' and all that follows through
``submit'' and inserting ``submit biennially''.
(d) Geologic Mapping Program Objectives.--Section 4(c)(2)
of the National Geologic Mapping Act of 1992 (43 U.S.C.
31c(c)(2)) is amended--
(1) by striking ``geophysical-map data base, geochemical-
map data base, and a''; and
(2) by striking ``provide'' and inserting ``provides''.
(e) Geologic Mapping Program Components.--Section
4(d)(1)(B)(ii) of the National Geologic Mapping Act of 1992
(43 U.S.C. 31c(d)(1)(B)(ii)) is amended--
(1) in subclause (I), by striking ``and'' after the
semicolon at the end;
(2) in subclause (II), by striking the period at the end
and inserting ``; and''; and
(3) by adding at the end the following:
``(III) the needs of land management agencies of the
Department of the Interior.''.
(f) Geologic Mapping Advisory Committee.--
(1) Membership.--Section 5(a) of the National Geologic
Mapping Act of 1992 (43 U.S.C. 31d(a)) is amended--
[[Page 8713]]
(A) in paragraph (2)--
(i) by inserting ``the Secretary of the Interior or a
designee from a land management agency of the Department of
the Interior,'' after ``Administrator of the Environmental
Protection Agency or a designee,'';
(ii) by inserting ``and'' after ``Energy or a designee,'';
and
(iii) by striking ``, and the Assistant to the President
for Science and Technology or a designee''; and
(B) in paragraph (3)--
(i) by striking ``Not later than'' and all that follows
through ``consultation'' and inserting ``In consultation'';
(ii) by striking ``Chief Geologist, as Chairman'' and
inserting ``Associate Director for Geology, as Chair''; and
(iii) by striking ``one representative from the private
sector'' and inserting ``2 representatives from the private
sector''.
(2) Duties.--Section 5(b) of the National Geologic Mapping
Act of 1992 (43 U.S.C. 31d(b)) is amended--
(A) in paragraph (2), by striking ``and'' at the end;
(B) by redesignating paragraph (3) as paragraph (4); and
(C) by inserting after paragraph (2) the following:
``(3) provide a scientific overview of geologic maps
(including maps of geologic-based hazards) used or
disseminated by Federal agencies for regulation or land-use
planning; and''.
(3) Conforming amendment.--Section 5(a)(1) of the National
Geologic Mapping Act of 1992 (43 U.S.C. 31d(a)(1)) is amended
by striking ``10-member'' and inserting ``11-member''.
(g) Functions of National Geologic-Map Database.--Section
7(a) of the National Geologic Mapping Act of 1992 (43 U.S.C.
31f(a)) is amended--
(1) in paragraph (1), by striking ``geologic map'' and
inserting ``geologic-map''; and
(2) in paragraph (2), by striking subparagraph (A) and
inserting the following:
``(A) all maps developed with funding provided by the
National Cooperative Geologic Mapping Program, including
under the Federal, State, and education components;''.
(h) Biennial Report.--Section 8 of the National Geologic
Mapping Act of 1992 (43 U.S.C. 31g) is amended by striking
``Not later'' and all that follows through ``biennially'' and
inserting ``Not later than 3 years after the date of
enactment of the Omnibus Public Land Management Act of 2009
and biennially''.
(i) Authorization of Appropriations; Allocation.--Section 9
of the National Geologic Mapping Act of 1992 (43 U.S.C. 31h)
is amended--
(1) by striking subsection (a) and inserting the following:
``(a) In General.--There is authorized to be appropriated
to carry out this Act $64,000,000 for each of fiscal years
2009 through 2018.''; and
(2) in subsection (b)--
(A) in the matter preceding paragraph (1), by striking
``2000'' and inserting ``2005'';
(B) in paragraph (1), by striking ``48'' and inserting
``50''; and
(C) in paragraph (2), by striking 2 and inserting ``4''.
SEC. 11002. NEW MEXICO WATER RESOURCES STUDY.
(a) In General.--The Secretary of the Interior, acting
through the Director of the United States Geological Survey
(referred to in this section as the ``Secretary''), in
coordination with the State of New Mexico (referred to in
this section as the ``State'') and any other entities that
the Secretary determines to be appropriate (including other
Federal agencies and institutions of higher education),
shall, in accordance with this section and any other
applicable law, conduct a study of water resources in the
State, including--
(1) a survey of groundwater resources, including an
analysis of--
(A) aquifers in the State, including the quantity of water
in the aquifers;
(B) the availability of groundwater resources for human
use;
(C) the salinity of groundwater resources;
(D) the potential of the groundwater resources to recharge;
(E) the interaction between groundwater and surface water;
(F) the susceptibility of the aquifers to contamination;
and
(G) any other relevant criteria; and
(2) a characterization of surface and bedrock geology,
including the effect of the geology on groundwater yield and
quality.
(b) Study Areas.--The study carried out under subsection
(a) shall include the Estancia Basin, Salt Basin, Tularosa
Basin, Hueco Basin, and middle Rio Grande Basin in the State.
(c) Report.--Not later than 2 years after the date of
enactment of this Act, the Secretary shall submit to the
Committee on Energy and Natural Resources of the Senate and
the Committee on Resources of the House of Representatives a
report that describes the results of the study.
(d) Authorization of Appropriations.--There are authorized
to be appropriated such sums as are necessary to carry out
this section.
TITLE XII--OCEANS
Subtitle A--Ocean Exploration
PART I--EXPLORATION
SEC. 12001. PURPOSE.
The purpose of this part is to establish the national ocean
exploration program and the national undersea research
program within the National Oceanic and Atmospheric
Administration.
SEC. 12002. PROGRAM ESTABLISHED.
The Administrator of the National Oceanic and Atmospheric
Administration shall, in consultation with the National
Science Foundation and other appropriate Federal agencies,
establish a coordinated national ocean exploration program
within the National Oceanic and Atmospheric Administration
that promotes collaboration with other Federal ocean and
undersea research and exploration programs. To the extent
appropriate, the Administrator shall seek to facilitate
coordination of data and information management systems,
outreach and education programs to improve public
understanding of ocean and coastal resources, and development
and transfer of technologies to facilitate ocean and undersea
research and exploration.
SEC. 12003. POWERS AND DUTIES OF THE ADMINISTRATOR.
(a) In General.--In carrying out the program authorized by
section 12002, the Administrator of the National Oceanic and
Atmospheric Administration shall--
(1) conduct interdisciplinary voyages or other scientific
activities in conjunction with other Federal agencies or
academic or educational institutions, to explore and survey
little known areas of the marine environment, inventory,
observe, and assess living and nonliving marine resources,
and report such findings;
(2) give priority attention to deep ocean regions, with a
focus on deep water marine systems that hold potential for
important scientific discoveries, such as hydrothermal vent
communities and seamounts;
(3) conduct scientific voyages to locate, define, and
document historic shipwrecks, submerged sites, and other
ocean exploration activities that combine archaeology and
oceanographic sciences;
(4) develop and implement, in consultation with the
National Science Foundation, a transparent, competitive
process for merit-based peer-review and approval of proposals
for activities to be conducted under this program, taking
into consideration advice of the Board established under
section 12005;
(5) enhance the technical capability of the United States
marine science community by promoting the development of
improved oceanographic research, communication, navigation,
and data collection systems, as well as underwater platforms
and sensor and autonomous vehicles; and
(6) establish an ocean exploration forum to encourage
partnerships and promote communication among experts and
other stakeholders in order to enhance the scientific and
technical expertise and relevance of the national program.
(b) Donations.--The Administrator may accept donations of
property, data, and equipment to be applied for the purpose
of exploring the oceans or increasing knowledge of the
oceans.
SEC. 12004. OCEAN EXPLORATION AND UNDERSEA RESEARCH
TECHNOLOGY AND INFRASTRUCTURE TASK FORCE.
(a) In General.--The Administrator of the National Oceanic
and Atmospheric Administration, in coordination with the
National Science Foundation, the National Aeronautics and
Space Administration, the United States Geological Survey,
the Department of the Navy, the Mineral Management Service,
and relevant governmental, non-governmental, academic,
industry, and other experts, shall convene an ocean
exploration and undersea research technology and
infrastructure task force to develop and implement a
strategy--
(1) to facilitate transfer of new exploration and undersea
research technology to the programs authorized under this
part and part II of this subtitle;
(2) to improve availability of communications
infrastructure, including satellite capabilities, to such
programs;
(3) to develop an integrated, workable, and comprehensive
data management information processing system that will make
information on unique and significant features obtained by
such programs available for research and management purposes;
(4) to conduct public outreach activities that improve the
public understanding of ocean science, resources, and
processes, in conjunction with relevant programs of the
National Oceanic and Atmospheric Administration, the National
Science Foundation, and other agencies; and
(5) to encourage cost-sharing partnerships with
governmental and nongovernmental entities that will assist in
transferring exploration and undersea research technology and
technical expertise to the programs.
(b) Budget Coordination.--The task force shall coordinate
the development of agency budgets and identify the items in
their annual budget that support the activities identified in
the strategy developed under subsection (a).
SEC. 12005. OCEAN EXPLORATION ADVISORY BOARD.
(a) Establishment.--The Administrator of the National
Oceanic and Atmospheric Administration shall appoint an Ocean
Exploration Advisory Board composed of experts in relevant
fields--
(1) to advise the Administrator on priority areas for
survey and discovery;
(2) to assist the program in the development of a 5-year
strategic plan for the fields of ocean, marine, and Great
Lakes science, exploration, and discovery;
(3) to annually review the quality and effectiveness of the
proposal review process established under section
12003(a)(4); and
(4) to provide other assistance and advice as requested by
the Administrator.
[[Page 8714]]
(b) Federal Advisory Committee Act.--Section 14 of the
Federal Advisory Committee Act (5 U.S.C. App.) shall not
apply to the Board appointed under subsection (a).
(c) Application With Outer Continental Shelf Lands Act.--
Nothing in part supersedes, or limits the authority of the
Secretary of the Interior under the Outer Continental Shelf
Lands Act (43 U.S.C. 1331 et seq.).
SEC. 12006. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to the National
Oceanic and Atmospheric Administration to carry out this
part--
(1) $33,550,000 for fiscal year 2009;
(2) $36,905,000 for fiscal year 2010;
(3) $40,596,000 for fiscal year 2011;
(4) $44,655,000 for fiscal year 2012;
(5) $49,121,000 for fiscal year 2013;
(6) $54,033,000 for fiscal year 2014; and
(7) $59,436,000 for fiscal year 2015.
PART II--NOAA UNDERSEA RESEARCH PROGRAM ACT OF 2009
SEC. 12101. SHORT TITLE.
This part may be cited as the ``NOAA Undersea Research
Program Act of 2009''.
SEC. 12102. PROGRAM ESTABLISHED.
(a) In General.--The Administrator of the National Oceanic
and Atmospheric Administration shall establish and maintain
an undersea research program and shall designate a Director
of that program.
(b) Purpose.--The purpose of the program is to increase
scientific knowledge essential for the informed management,
use, and preservation of oceanic, marine, and coastal areas
and the Great Lakes.
SEC. 12103. POWERS OF PROGRAM DIRECTOR.
The Director of the program, in carrying out the program,
shall--
(1) cooperate with institutions of higher education and
other educational marine and ocean science organizations, and
shall make available undersea research facilities, equipment,
technologies, information, and expertise to support undersea
research efforts by these organizations;
(2) enter into partnerships, as appropriate and using
existing authorities, with the private sector to achieve the
goals of the program and to promote technological advancement
of the marine industry; and
(3) coordinate the development of agency budgets and
identify the items in their annual budget that support the
activities described in paragraphs (1) and (2).
SEC. 12104. ADMINISTRATIVE STRUCTURE.
(a) In General.--The program shall be conducted through a
national headquarters, a network of extramural regional
undersea research centers that represent all relevant
National Oceanic and Atmospheric Administration regions, and
the National Institute for Undersea Science and Technology.
(b) Direction.--The Director shall develop the overall
direction of the program in coordination with a Council of
Center Directors comprised of the directors of the extramural
regional centers and the National Institute for Undersea
Science and Technology. The Director shall publish a draft
program direction document not later than 1 year after the
date of enactment of this Act in the Federal Register for a
public comment period of not less than 120 days. The Director
shall publish a final program direction, including responses
to the comments received during the public comment period, in
the Federal Register within 90 days after the close of the
comment period. The program director shall update the program
direction, with opportunity for public comment, at least
every 5 years.
SEC. 12105. RESEARCH, EXPLORATION, EDUCATION, AND TECHNOLOGY
PROGRAMS.
(a) In General.--The following research, exploration,
education, and technology programs shall be conducted through
the network of regional centers and the National Institute
for Undersea Science and Technology:
(1) Core research and exploration based on national and
regional undersea research priorities.
(2) Advanced undersea technology development to support the
National Oceanic and Atmospheric Administration's research
mission and programs.
(3) Undersea science-based education and outreach programs
to enrich ocean science education and public awareness of the
oceans and Great Lakes.
(4) Development, testing, and transition of advanced
undersea technology associated with ocean observatories,
submersibles, advanced diving technologies, remotely operated
vehicles, autonomous underwater vehicles, and new sampling
and sensing technologies.
(5) Discovery, study, and development of natural resources
and products from ocean, coastal, and aquatic systems.
(b) Operations.--The Director of the program, through
operation of the extramural regional centers and the National
Institute for Undersea Science and Technology, shall leverage
partnerships and cooperative research with academia and
private industry.
SEC. 12106. COMPETITIVENESS.
(a) Discretionary Fund.--The Program shall allocate no more
than 10 percent of its annual budget to a discretionary fund
that may be used only for program administration and priority
undersea research projects identified by the Director but not
covered by funding available from centers.
(b) Competitive Selection.--The Administrator shall conduct
an initial competition to select the regional centers that
will participate in the program 90 days after the publication
of the final program direction under section 12104 and every
5 years thereafter. Funding for projects conducted through
the regional centers shall be awarded through a competitive,
merit-reviewed process on the basis of their relevance to the
goals of the program and their technical feasibility.
SEC. 12107. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to the National
Oceanic and Atmospheric Administration--
(1) for fiscal year 2009--
(A) $13,750,000 for the regional centers, of which 50
percent shall be for West Coast regional centers and 50
percent shall be for East Coast regional centers; and
(B) $5,500,000 for the National Technology Institute;
(2) for fiscal year 2010--
(A) $15,125,000 for the regional centers, of which 50
percent shall be for West Coast regional centers and 50
percent shall be for East Coast regional centers; and
(B) $6,050,000 for the National Technology Institute;
(3) for fiscal year 2011--
(A) $16,638,000 for the regional centers, of which 50
percent shall be for West Coast regional centers and 50
percent shall be for East Coast regional centers; and
(B) $6,655,000 for the National Technology Institute;
(4) for fiscal year 2012--
(A) $18,301,000 for the regional centers, of which 50
percent shall be for West Coast regional centers and 50
percent shall be for East Coast regional centers; and
(B) $7,321,000 for the National Technology Institute;
(5) for fiscal year 2013--
(A) $20,131,000 for the regional centers, of which 50
percent shall be for West Coast regional centers and 50
percent shall be for East Coast regional centers; and
(B) $8,053,000 for the National Technology Institute;
(6) for fiscal year 2014--
(A) $22,145,000 for the regional centers, of which 50
percent shall be for West Coast regional centers and 50
percent shall be for East Coast regional centers; and
(B) $8,859,000 for the National Technology Institute; and
(7) for fiscal year 2015--
(A) $24,359,000 for the regional centers, of which 50
percent shall be for West Coast regional centers and 50
percent shall be for East Coast regional centers; and
(B) $9,744,000 for the National Technology Institute.
Subtitle B--Ocean and Coastal Mapping Integration Act
SEC. 12201. SHORT TITLE.
This subtitle may be cited as the ``Ocean and Coastal
Mapping Integration Act''.
SEC. 12202. ESTABLISHMENT OF PROGRAM.
(a) In General.--The President, in coordination with the
Interagency Committee on Ocean and Coastal Mapping and
affected coastal states, shall establish a program to develop
a coordinated and comprehensive Federal ocean and coastal
mapping plan for the Great Lakes and coastal state waters,
the territorial sea, the exclusive economic zone, and the
continental shelf of the United States that enhances
ecosystem approaches in decision-making for conservation and
management of marine resources and habitats, establishes
research and mapping priorities, supports the siting of
research and other platforms, and advances ocean and coastal
science.
(b) Membership.--The Committee shall be comprised of high-
level representatives of the Department of Commerce, through
the National Oceanic and Atmospheric Administration, the
Department of the Interior, the National Science Foundation,
the Department of Defense, the Environmental Protection
Agency, the Department of Homeland Security, the National
Aeronautics and Space Administration, and other appropriate
Federal agencies involved in ocean and coastal mapping.
(c) Program Parameters.--In developing such a program, the
President, through the Committee, shall--
(1) identify all Federal and federally-funded programs
conducting shoreline delineation and ocean or coastal
mapping, noting geographic coverage, frequency, spatial
coverage, resolution, and subject matter focus of the data
and location of data archives;
(2) facilitate cost-effective, cooperative mapping efforts
that incorporate policies for contracting with non-
governmental entities among all Federal agencies conducting
ocean and coastal mapping, by increasing data sharing,
developing appropriate data acquisition and metadata
standards, and facilitating the interoperability of in situ
data collection systems, data processing, archiving, and
distribution of data products;
(3) facilitate the adaptation of existing technologies as
well as foster expertise in new ocean and coastal mapping
technologies, including through research, development, and
training conducted among Federal agencies and in cooperation
with non-governmental entities;
(4) develop standards and protocols for testing innovative
experimental mapping technologies and transferring new
technologies between the Federal Government, coastal state,
and non-governmental entities;
[[Page 8715]]
(5) provide for the archiving, management, and distribution
of data sets through a national registry as well as provide
mapping products and services to the general public in
service of statutory requirements;
(6) develop data standards and protocols consistent with
standards developed by the Federal Geographic Data Committee
for use by Federal, coastal state, and other entities in
mapping and otherwise documenting locations of federally
permitted activities, living and nonliving coastal and marine
resources, marine ecosystems, sensitive habitats, submerged
cultural resources, undersea cables, offshore aquaculture
projects, offshore energy projects, and any areas designated
for purposes of environmental protection or conservation and
management of living and nonliving coastal and marine
resources;
(7) identify the procedures to be used for coordinating the
collection and integration of Federal ocean and coastal
mapping data with coastal state and local government
programs;
(8) facilitate, to the extent practicable, the collection
of real-time tide data and the development of hydrodynamic
models for coastal areas to allow for the application of V-
datum tools that will facilitate the seamless integration of
onshore and offshore maps and charts;
(9) establish a plan for the acquisition and collection of
ocean and coastal mapping data; and
(10) set forth a timetable for completion and
implementation of the plan.
SEC. 12203. INTERAGENCY COMMITTEE ON OCEAN AND COASTAL
MAPPING.
(a) In General.--The Administrator of the National Oceanic
and Atmospheric Administration, within 30 days after the date
of enactment of this Act, shall convene or utilize an
existing interagency committee on ocean and coastal mapping
to implement section 12202.
(b) Membership.--The committee shall be comprised of senior
representatives from Federal agencies with ocean and coastal
mapping and surveying responsibilities. The representatives
shall be high-ranking officials of their respective agencies
or departments and, whenever possible, the head of the
portion of the agency or department that is most relevant to
the purposes of this subtitle. Membership shall include
senior representatives from the National Oceanic and
Atmospheric Administration, the Chief of Naval Operations,
the United States Geological Survey, the Minerals Management
Service, the National Science Foundation, the National
Geospatial-Intelligence Agency, the United States Army Corps
of Engineers, the Coast Guard, the Environmental Protection
Agency, the Federal Emergency Management Agency, the National
Aeronautics and Space Administration, and other appropriate
Federal agencies involved in ocean and coastal mapping.
(c) Co-Chairmen.--The Committee shall be co-chaired by the
representative of the Department of Commerce and a
representative of the Department of the Interior.
(d) Subcommittee.--The co-chairmen shall establish a
subcommittee to carry out the day-to-day work of the
Committee, comprised of senior representatives of any member
agency of the committee. Working groups may be formed by the
full Committee to address issues of short duration. The
subcommittee shall be chaired by the representative from the
National Oceanic and Atmospheric Administration. The chairmen
of the Committee may create such additional subcommittees and
working groups as may be needed to carry out the work of
Committee.
(e) Meetings.--The committee shall meet on a quarterly
basis, but each subcommittee and each working group shall
meet on an as-needed basis.
(f) Coordination.--The committee shall coordinate
activities when appropriate, with--
(1) other Federal efforts, including the Digital Coast,
Geospatial One-Stop, and the Federal Geographic Data
Committee;
(2) international mapping activities;
(3) coastal states;
(4) user groups through workshops and other appropriate
mechanisms; and
(5) representatives of nongovernmental entities.
(g) Advisory Panel.--The Administrator may convene an ocean
and coastal mapping advisory panel consisting of
representatives from non-governmental entities to provide
input regarding activities of the committee in consultation
with the interagency committee.
SEC. 12204. BIENNIAL REPORTS.
No later than 18 months after the date of enactment of this
Act, and biennially thereafter, the co-chairmen of the
Committee shall transmit to the Committees on Commerce,
Science, and Transportation and Energy and Natural Resources
of the Senate and the Committee on Natural Resources of the
House of Representatives a report detailing progress made in
implementing this subtitle, including--
(1) an inventory of ocean and coastal mapping data within
the territorial sea and the exclusive economic zone and
throughout the Continental Shelf of the United States, noting
the age and source of the survey and the spatial resolution
(metadata) of the data;
(2) identification of priority areas in need of survey
coverage using present technologies;
(3) a resource plan that identifies when priority areas in
need of modern ocean and coastal mapping surveys can be
accomplished;
(4) the status of efforts to produce integrated digital
maps of ocean and coastal areas;
(5) a description of any products resulting from
coordinated mapping efforts under this subtitle that improve
public understanding of the coasts and oceans, or regulatory
decisionmaking;
(6) documentation of minimum and desired standards for data
acquisition and integrated metadata;
(7) a statement of the status of Federal efforts to
leverage mapping technologies, coordinate mapping activities,
share expertise, and exchange data;
(8) a statement of resource requirements for organizations
to meet the goals of the program, including technology needs
for data acquisition, processing, and distribution systems;
(9) a statement of the status of efforts to declassify data
gathered by the Navy, the National Geospatial-Intelligence
Agency, and other agencies to the extent possible without
jeopardizing national security, and make it available to
partner agencies and the public;
(10) a resource plan for a digital coast integrated mapping
pilot project for the northern Gulf of Mexico that will--
(A) cover the area from the authorized coastal counties
through the territorial sea;
(B) identify how such a pilot project will leverage public
and private mapping data and resources, such as the United
States Geological Survey National Map, to result in an
operational coastal change assessment program for the
subregion;
(11) the status of efforts to coordinate Federal programs
with coastal state and local government programs and leverage
those programs;
(12) a description of efforts of Federal agencies to
increase contracting with nongovernmental entities; and
(13) an inventory and description of any new Federal or
federally funded programs conducting shoreline delineation
and ocean or coastal mapping since the previous reporting
cycle.
SEC. 12205. PLAN.
(a) In General.--Not later than 6 months after the date of
enactment of this Act, the Administrator, in consultation
with the Committee, shall develop and submit to the Congress
a plan for an integrated ocean and coastal mapping initiative
within the National Oceanic and Atmospheric Administration.
(b) Plan Requirements.--The plan shall--
(1) identify and describe all ocean and coastal mapping
programs within the agency, including those that conduct
mapping or related activities in the course of existing
missions, such as hydrographic surveys, ocean exploration
projects, living marine resource conservation and management
programs, coastal zone management projects, and ocean and
coastal observations and science projects;
(2) establish priority mapping programs and establish and
periodically update priorities for geographic areas in
surveying and mapping across all missions of the National
Oceanic and Atmospheric Administration, as well as minimum
data acquisition and metadata standards for those programs;
(3) encourage the development of innovative ocean and
coastal mapping technologies and applications, through
research and development through cooperative or other
agreements with joint or cooperative research institutes or
centers and with other non-governmental entities;
(4) document available and developing technologies, best
practices in data processing and distribution, and leveraging
opportunities with other Federal agencies, coastal states,
and non-governmental entities;
(5) identify training, technology, and other resource
requirements for enabling the National Oceanic and
Atmospheric Administration's programs, vessels, and aircraft
to support a coordinated ocean and coastal mapping program;
(6) identify a centralized mechanism or office for
coordinating data collection, processing, archiving, and
dissemination activities of all such mapping programs within
the National Oceanic and Atmospheric Administration that
meets Federal mandates for data accuracy and accessibility
and designate a repository that is responsible for archiving
and managing the distribution of all ocean and coastal
mapping data to simplify the provision of services to benefit
Federal and coastal state programs; and
(7) set forth a timetable for implementation and completion
of the plan, including a schedule for submission to the
Congress of periodic progress reports and recommendations for
integrating approaches developed under the initiative into
the interagency program.
(c) NOAA Joint Ocean and Coastal Mapping Centers.--The
Administrator may maintain and operate up to 3 joint ocean
and coastal mapping centers, including a joint hydrographic
center, which shall each be co-located with an institution of
higher education. The centers shall serve as hydrographic
centers of excellence and may conduct activities necessary to
carry out the purposes of this subtitle, including--
(1) research and development of innovative ocean and
coastal mapping technologies, equipment, and data products;
(2) mapping of the United States Outer Continental Shelf
and other regions;
(3) data processing for nontraditional data and uses;
(4) advancing the use of remote sensing technologies, for
related issues, including mapping and assessment of essential
fish habitat and of coral resources, ocean observations, and
ocean exploration; and
(5) providing graduate education and training in ocean and
coastal mapping sciences for members of the National Oceanic
and Atmospheric Administration Commissioned Officer Corps,
personnel of other agencies with ocean and coastal mapping
programs, and civilian personnel.
(d) NOAA Report.--The Administrator shall continue
developing a strategy for expanding contracting with non-
governmental entities to
[[Page 8716]]
minimize duplication and take maximum advantage of
nongovernmental capabilities in fulfilling the
Administration's mapping and charting responsibilities.
Within 120 days after the date of enactment of this Act, the
Administrator shall transmit a report describing the strategy
developed under this subsection to the Committee on Commerce,
Science, and Transportation of the Senate and the Committee
on Natural Resources of the House of Representatives.
SEC. 12206. EFFECT ON OTHER LAWS.
Nothing in this subtitle shall be construed to supersede or
alter the existing authorities of any Federal agency with
respect to ocean and coastal mapping.
SEC. 12207. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--In addition to the amounts authorized by
section 306 of the Hydrographic Services Improvement Act of
1998 (33 U.S.C. 892d), there are authorized to be
appropriated to the Administrator to carry out this
subtitle--
(1) $26,000,000 for fiscal year 2009;
(2) $32,000,000 for fiscal year 2010;
(3) $38,000,000 for fiscal year 2011; and
(4) $45,000,000 for each of fiscal years 2012 through 2015.
(b) Joint Ocean and Coastal Mapping Centers.--Of the
amounts appropriated pursuant to subsection (a), the
following amounts shall be used to carry out section 12205(c)
of this subtitle:
(1) $11,000,000 for fiscal year 2009.
(2) $12,000,000 for fiscal year 2010.
(3) $13,000,000 for fiscal year 2011.
(4) $15,000,000 for each of fiscal years 2012 through 2015.
(c) Cooperative Agreements.--To carry out interagency
activities under section 12203 of this subtitle, the head of
any department or agency may execute a cooperative agreement
with the Administrator, including those authorized by section
5 of the Act of August 6, 1947 (33 U.S.C. 883e).
SEC. 12208. DEFINITIONS.
In this subtitle:
(1) Administrator.--The term ``Administrator' '' means the
Administrator of the National Oceanic and Atmospheric
Administration.
(2) Coastal state.--The term ``coastal state'' has the
meaning given that term by section 304(4) of the Coastal Zone
Management Act of 1972 (16 U.S.C. 1453(4).
(3) Committee.--The term ``Committee'' means the
Interagency Ocean and Coastal Mapping Committee established
by section 12203.
(4) Exclusive economic zone.--The term ``exclusive economic
zone'' means the exclusive economic zone of the United States
established by Presidential Proclamation No. 5030, of March
10, 1983.
(5) Ocean and coastal mapping.--The term ``ocean and
coastal mapping'' means the acquisition, processing, and
management of physical, biological, geological, chemical, and
archaeological characteristics and boundaries of ocean and
coastal areas, resources, and sea beds through the use of
acoustics, satellites, aerial photogrammetry, light and
imaging, direct sampling, and other mapping technologies.
(6) Territorial sea.--The term ``territorial sea'' means
the belt of sea measured from the baseline of the United
States determined in accordance with international law, as
set forth in Presidential Proclamation Number 5928, dated
December 27, 1988.
(7) Nongovernmental entities.--The term ``nongovernmental
entities'' includes nongovernmental organizations, members of
the academic community, and private sector organizations that
provide products and services associated with measuring,
locating, and preparing maps, charts, surveys, aerial
photographs, satellite imagines, or other graphical or
digital presentations depicting natural or manmade physical
features, phenomena, and legal boundaries of the Earth.
(8) Outer continental shelf.--The term ``Outer Continental
Shelf'' means all submerged lands lying seaward and outside
of lands beneath navigable waters (as that term is defined in
section 2 of the Submerged Lands Act (43 U.S.C. 1301)), and
of which the subsoil and seabed appertain to the United
States and are subject to its jurisdiction and control.
Subtitle C--Integrated Coastal and Ocean Observation System Act of 2009
SEC. 12301. SHORT TITLE.
This subtitle may be cited as the ``Integrated Coastal and
Ocean Observation System Act of 2009''.
SEC. 12302. PURPOSES.
The purposes of this subtitle are to--
(1) establish a national integrated System of ocean,
coastal, and Great Lakes observing systems, comprised of
Federal and non-Federal components coordinated at the
national level by the National Ocean Research Leadership
Council and at the regional level by a network of regional
information coordination entities, and that includes in situ,
remote, and other coastal and ocean observation,
technologies, and data management and communication systems,
and is designed to address regional and national needs for
ocean information, to gather specific data on key coastal,
ocean, and Great Lakes variables, and to ensure timely and
sustained dissemination and availability of these data to--
(A) support national defense, marine commerce, navigation
safety, weather, climate, and marine forecasting, energy
siting and production, economic development, ecosystem-based
marine, coastal, and Great Lakes resource management, public
safety, and public outreach training and education;
(B) promote greater public awareness and stewardship of the
Nation's ocean, coastal, and Great Lakes resources and the
general public welfare; and
(C) enable advances in scientific understanding to support
the sustainable use, conservation, management, and
understanding of healthy ocean, coastal, and Great Lakes
resources;
(2) improve the Nation's capability to measure, track,
explain, and predict events related directly and indirectly
to weather and climate change, natural climate variability,
and interactions between the oceanic and atmospheric
environments, including the Great Lakes; and
(3) authorize activities to promote basic and applied
research to develop, test, and deploy innovations and
improvements in coastal and ocean observation technologies,
modeling systems, and other scientific and technological
capabilities to improve our conceptual understanding of
weather and climate, ocean-atmosphere dynamics, global
climate change, physical, chemical, and biological dynamics
of the ocean, coastal and Great Lakes environments, and to
conserve healthy and restore degraded coastal ecosystems.
SEC. 12303. DEFINITIONS.
In this subtitle:
(1) Administrator.--The term ``Administrator'' means the
Under Secretary of Commerce for Oceans and Atmosphere in the
Under Secretary's capacity as Administrator of the National
Oceanic and Atmospheric Administration.
(2) Council.--The term ``Council'' means the National Ocean
Research Leadership Council established by section 7902 of
title 10, United States Code.
(3) Federal assets.--The term ``Federal assets'' means all
relevant non-classified civilian coastal and ocean
observations, technologies, and related modeling, research,
data management, basic and applied technology research and
development, and public education and outreach programs, that
are managed by member agencies of the Council.
(4) Interagency ocean observation committee.--The term
``Interagency Ocean Observation Committee'' means the
committee established under section 12304(c)(2).
(5) Non-federal assets.--The term ``non-Federal assets''
means all relevant coastal and ocean observation
technologies, related basic and applied technology research
and development, and public education and outreach programs
that are integrated into the System and are managed through
States, regional organizations, universities, nongovernmental
organizations, or the private sector.
(6) Regional information coordination entities.--
(A) In general.--The term ``regional information
coordination entity'' means an organizational body that is
certified or established by contract or memorandum by the
lead Federal agency designated in section 12304(c)(3) of this
subtitle and coordinates State, Federal, local, and private
interests at a regional level with the responsibility of
engaging the private and public sectors in designing,
operating, and improving regional coastal and ocean observing
systems in order to ensure the provision of data and
information that meet the needs of user groups from the
respective regions.
(B) Certain included associations.--The term ``regional
information coordination entity'' includes regional
associations described in the System Plan.
(7) Secretary.--The term ``Secretary'' means the Secretary
of Commerce, acting through the National Oceanic and
Atmospheric Administration.
(8) System.--The term ``System'' means the National
Integrated Coastal and Ocean Observation System established
under section 12304.
(9) System plan.--The term ``System Plan'' means the plan
contained in the document entitled ``Ocean. US Publication
No. 9, The First Integrated Ocean Observing System (IOOS)
Development Plan'', as updated by the Council under this
subtitle.
SEC. 12304. INTEGRATED COASTAL AND OCEAN OBSERVING SYSTEM.
(a) Establishment.--The President, acting through the
Council, shall establish a National Integrated Coastal and
Ocean Observation System to fulfill the purposes set forth in
section 12302 of this subtitle and the System Plan and to
fulfill the Nation's international obligations to contribute
to the Global Earth Observation System of Systems and the
Global Ocean Observing System.
(b) System Elements.--
(1) In general.--In order to fulfill the purposes of this
subtitle, the System shall be national in scope and consist
of--
(A) Federal assets to fulfill national and international
observation missions and priorities;
(B) non-Federal assets, including a network of regional
information coordination entities identified under subsection
(c)(4), to fulfill regional observation missions and
priorities;
(C) data management, communication, and modeling systems
for the timely integration and dissemination of data and
information products from the System;
(D) a research and development program conducted under the
guidance of the Council, consisting of--
(i) basic and applied research and technology development
to improve understanding of coastal and ocean systems and
their relationships to human activities and to ensure
improvement of operational assets and products, including
related infrastructure, observing technologies, and
[[Page 8717]]
information and data processing and management technologies;
and
(ii) large scale computing resources and research to
advance modeling of coastal and ocean processes.
(2) Enhancing administration and management.--The head of
each Federal agency that has administrative jurisdiction over
a Federal asset shall support the purposes of this subtitle
and may take appropriate actions to enhance internal agency
administration and management to better support, integrate,
finance, and utilize observation data, products, and services
developed under this section to further its own agency
mission and responsibilities.
(3) Availability of data.--The head of each Federal agency
that has administrative jurisdiction over a Federal asset
shall make available data that are produced by that asset and
that are not otherwise restricted for integration,
management, and dissemination by the System.
(4) Non-federal assets.--Non-Federal assets shall be
coordinated, as appropriate, by the Interagency Ocean
Observing Committee or by regional information coordination
entities.
(c) Policy Oversight, Administration, and Regional
Coordination.--
(1) Council functions.--The Council shall serve as the
policy and coordination oversight body for all aspects of the
System. In carrying out its responsibilities under this
subtitle, the Council shall--
(A) approve and adopt comprehensive System budgets
developed and maintained by the Interagency Ocean Observation
Committee to support System operations, including operations
of both Federal and non-Federal assets;
(B) ensure coordination of the System with other domestic
and international earth observing activities including the
Global Ocean Observing System and the Global Earth Observing
System of Systems, and provide, as appropriate, support for
and representation on United States delegations to
international meetings on coastal and ocean observing
programs; and
(C) encourage coordinated intramural and extramural
research and technology development, and a process to
transition developing technology and methods into operations
of the System.
(2) Interagency ocean observation committee.--The Council
shall establish or designate an Interagency Ocean Observation
Committee which shall--
(A) prepare annual and long-term plans for consideration
and approval by the Council for the integrated design,
operation, maintenance, enhancement and expansion of the
System to meet the objectives of this subtitle and the System
Plan;
(B) develop and transmit to Congress at the time of
submission of the President's annual budget request an annual
coordinated, comprehensive budget to operate all elements of
the System identified in subsection (b), and to ensure
continuity of data streams from Federal and non-Federal
assets;
(C) establish required observation data variables to be
gathered by both Federal and non-Federal assets and identify,
in consultation with regional information coordination
entities, priorities for System observations;
(D) establish protocols and standards for System data
processing, management, and communication;
(E) develop contract certification standards and compliance
procedures for all non-Federal assets, including regional
information coordination entities, to establish eligibility
for integration into the System and to ensure compliance with
all applicable standards and protocols established by the
Council, and ensure that regional observations are integrated
into the System on a sustained basis;
(F) identify gaps in observation coverage or needs for
capital improvements of both Federal assets and non-Federal
assets;
(G) subject to the availability of appropriations,
establish through one or more participating Federal agencies,
in consultation with the System advisory committee
established under subsection (d), a competitive matching
grant or other programs--
(i) to promote intramural and extramural research and
development of new, innovative, and emerging observation
technologies including testing and field trials; and
(ii) to facilitate the migration of new, innovative, and
emerging scientific and technological advances from research
and development to operational deployment;
(H) periodically review and recommend to the Council, in
consultation with the Administrator, revisions to the System
Plan;
(I) ensure collaboration among Federal agencies
participating in the activities of the Committee; and
(J) perform such additional duties as the Council may
delegate.
(3) Lead federal agency.--The National Oceanic and
Atmospheric Administration shall function as the lead Federal
agency for the implementation and administration of the
System, in consultation with the Council, the Interagency
Ocean Observation Committee, other Federal agencies that
maintain portions of the System, and the regional information
coordination entities, and shall--
(A) establish an Integrated Ocean Observing Program Office
within the National Oceanic and Atmospheric Administration
utilizing to the extent necessary, personnel from member
agencies participating on the Interagency Ocean Observation
Committee, to oversee daily operations and coordination of
the System;
(B) implement policies, protocols, and standards approved
by the Council and delegated by the Interagency Ocean
Observing Committee;
(C) promulgate program guidelines to certify and integrate
non-Federal assets, including regional information
coordination entities, into the System to provide regional
coastal and ocean observation data that meet the needs of
user groups from the respective regions;
(D) have the authority to enter into and oversee contracts,
leases, grants or cooperative agreements with non-Federal
assets, including regional information coordination entities,
to support the purposes of this subtitle on such terms as the
Administrator deems appropriate;
(E) implement a merit-based, competitive funding process to
support non-Federal assets, including the development and
maintenance of a network of regional information coordination
entities, and develop and implement a process for the
periodic review and evaluation of all non-Federal assets,
including regional information coordination entities;
(F) provide opportunities for competitive contracts and
grants for demonstration projects to design, develop,
integrate, deploy, and support components of the System;
(G) establish efficient and effective administrative
procedures for allocation of funds among contractors,
grantees, and non-Federal assets, including regional
information coordination entities in a timely manner, and
contingent on appropriations according to the budget adopted
by the Council;
(H) develop and implement a process for the periodic review
and evaluation of regional information coordination entities;
(I) formulate an annual process by which gaps in
observation coverage or needs for capital improvements of
Federal assets and non-Federal assets of the System are
identified by the regional information coordination entities,
the Administrator, or other members of the System and
transmitted to the Interagency Ocean Observing Committee;
(J) develop and be responsible for a data management and
communication system, in accordance with standards and
protocols established by the Council, by which all data
collected by the System regarding ocean and coastal waters of
the United States including the Great Lakes, are processed,
stored, integrated, and made available to all end-user
communities;
(K) implement a program of public education and outreach to
improve public awareness of global climate change and effects
on the ocean, coastal, and Great Lakes environment;
(L) report annually to the Interagency Ocean Observing
Committee on the accomplishments, operational needs, and
performance of the System to contribute to the annual and
long-term plans developed pursuant to subsection
(c)(2)(A)(i); and
(M) develop a plan to efficiently integrate into the System
new, innovative, or emerging technologies that have been
demonstrated to be useful to the System and which will
fulfill the purposes of this subtitle and the System Plan.
(4) Regional information coordination entities.--
(A) In general.--To be certified or established under this
subtitle, a regional information coordination entity shall be
certified or established by contract or agreement by the
Administrator, and shall agree to meet the certification
standards and compliance procedure guidelines issued by the
Administrator and information needs of user groups in the
region while adhering to national standards and shall--
(i) demonstrate an organizational structure capable of
gathering required System observation data, supporting and
integrating all aspects of coastal and ocean observing and
information programs within a region and that reflects the
needs of State and local governments, commercial interests,
and other users and beneficiaries of the System and other
requirements specified under this subtitle and the System
Plan;
(ii) identify gaps in observation coverage needs for
capital improvements of Federal assets and non-Federal assets
of the System, or other recommendations to assist in the
development of the annual and long-term plans created
pursuant to subsection (c)(2)(A)(i) and transmit such
information to the Interagency Ocean Observing Committee via
the Program Office;
(iii) develop and operate under a strategic operational
plan that will ensure the efficient and effective
administration of programs and assets to support daily data
observations for integration into the System, pursuant to the
standards approved by the Council;
(iv) work cooperatively with governmental and non-
governmental entities at all levels to identify and provide
information products of the System for multiple users within
the service area of the regional information coordination
entities; and
(v) comply with all financial oversight requirements
established by the Administrator, including requirements
relating to audits.
(B) Participation.--For the purposes of this subtitle,
employees of Federal agencies may participate in the
functions of the regional information coordination entities.
(d) System Advisory Committee.--
(1) In general.--The Administrator shall establish or
designate a System advisory committee, which shall provide
advice as may be requested by the Administrator or the
Interagency Ocean Observing Committee.
(2) Purpose.--The purpose of the System advisory committee
is to advise the Administrator and the Interagency Ocean
Observing Committee on--
(A) administration, operation, management, and maintenance
of the System, including integration of Federal and non-
Federal assets and
[[Page 8718]]
data management and communication aspects of the System, and
fulfillment of the purposes set forth in section 12302;
(B) expansion and periodic modernization and upgrade of
technology components of the System;
(C) identification of end-user communities, their needs for
information provided by the System, and the System's
effectiveness in disseminating information to end-user
communities and the general public; and
(D) any other purpose identified by the Administrator or
the Interagency Ocean Observing Committee.
(3) Members.--
(A) In general.--The System advisory committee shall be
composed of members appointed by the Administrator. Members
shall be qualified by education, training, and experience to
evaluate scientific and technical information related to the
design, operation, maintenance, or use of the System, or use
of data products provided through the System.
(B) Terms of service.--Members shall be appointed for 3-
year terms, renewable once. A vacancy appointment shall be
for the remainder of the unexpired term of the vacancy, and
an individual so appointed may subsequently be appointed for
2 full 3-year terms if the remainder of the unexpired term is
less than 1 year.
(C) Chairperson.--The Administrator shall designate a
chairperson from among the members of the System advisory
committee.
(D) Appointment.--Members of the System advisory committee
shall be appointed as special Government employees for
purposes of section 202(a) of title 18, United States Code.
(4) Administrative provisions.--
(A) Reporting.--The System advisory committee shall report
to the Administrator and the Interagency Ocean Observing
Committee, as appropriate.
(B) Administrative support.--The Administrator shall
provide administrative support to the System advisory
committee.
(C) Meetings.--The System advisory committee shall meet at
least once each year, and at other times at the call of the
Administrator, the Interagency Ocean Observing Committee, or
the chairperson.
(D) Compensation and expenses.--Members of the System
advisory committee shall not be compensated for service on
that Committee, but may be allowed travel expenses, including
per diem in lieu of subsistence, in accordance with
subchapter I of chapter 57 of title 5, United States Code.
(E) Expiration.--Section 14 of the Federal Advisory
Committee Act (5 U.S.C. App.) shall not apply to the System
advisory committee.
(e) Civil Liability.--For purposes of determining liability
arising from the dissemination and use of observation data
gathered pursuant to this section, any non-Federal asset or
regional information coordination entity incorporated into
the System by contract, lease, grant, or cooperative
agreement under subsection (c)(3)(D) that is participating in
the System shall be considered to be part of the National
Oceanic and Atmospheric Administration. Any employee of such
a non-Federal asset or regional information coordination
entity, while operating within the scope of his or her
employment in carrying out the purposes of this subtitle,
with respect to tort liability, is deemed to be an employee
of the Federal Government.
(f) Limitation.--Nothing in this subtitle shall be
construed to invalidate existing certifications, contracts,
or agreements between regional information coordination
entities and other elements of the System.
SEC. 12305. INTERAGENCY FINANCING AND AGREEMENTS.
(a) In General.--To carry out interagency activities under
this subtitle, the Secretary of Commerce may execute
cooperative agreements, or any other agreements, with, and
receive and expend funds made available by, any State or
subdivision thereof, any Federal agency, or any public or
private organization, or individual.
(b) Reciprocity.--Member Departments and agencies of the
Council shall have the authority to create, support, and
maintain joint centers, and to enter into and perform such
contracts, leases, grants, and cooperative agreements as may
be necessary to carry out the purposes of this subtitle and
fulfillment of the System Plan.
SEC. 12306. APPLICATION WITH OTHER LAWS.
Nothing in this subtitle supersedes or limits the authority
of any agency to carry out its responsibilities and missions
under other laws.
SEC. 12307. REPORT TO CONGRESS.
(a) Requirement.--Not later than 2 years after the date of
the enactment of this Act and every 2 years thereafter, the
Administrator shall prepare and the President acting through
the Council shall approve and transmit to the Congress a
report on progress made in implementing this subtitle.
(b) Contents.--The report shall include--
(1) a description of activities carried out under this
subtitle and the System Plan;
(2) an evaluation of the effectiveness of the System,
including an evaluation of progress made by the Council to
achieve the goals identified under the System Plan;
(3) identification of Federal and non-Federal assets as
determined by the Council that have been integrated into the
System, including assets essential to the gathering of
required observation data variables necessary to meet the
respective missions of Council agencies;
(4) a review of procurements, planned or initiated, by each
Council agency to enhance, expand, or modernize the
observation capabilities and data products provided by the
System, including data management and communication
subsystems;
(5) an assessment regarding activities to integrate Federal
and non-Federal assets, nationally and on the regional level,
and discussion of the performance and effectiveness of
regional information coordination entities to coordinate
regional observation operations;
(6) a description of benefits of the program to users of
data products resulting from the System (including the
general public, industries, scientists, resource managers,
emergency responders, policy makers, and educators);
(7) recommendations concerning--
(A) modifications to the System; and
(B) funding levels for the System in subsequent fiscal
years; and
(8) the results of a periodic external independent
programmatic audit of the System.
SEC. 12308. PUBLIC-PRIVATE USE POLICY.
The Council shall develop a policy within 6 months after
the date of the enactment of this Act that defines processes
for making decisions about the roles of the Federal
Government, the States, regional information coordination
entities, the academic community, and the private sector in
providing to end-user communities environmental information,
products, technologies, and services related to the System.
The Council shall publish the policy in the Federal Register
for public comment for a period not less than 60 days.
Nothing in this section shall be construed to require changes
in policy in effect on the date of enactment of this Act.
SEC. 12309. INDEPENDENT COST ESTIMATE.
Within 1 year after the date of enactment of this Act, the
Interagency Ocean Observation Committee, through the
Administrator and the Director of the National Science
Foundation, shall obtain an independent cost estimate for
operations and maintenance of existing Federal assets of the
System, and planned or anticipated acquisition, operation,
and maintenance of new Federal assets for the System,
including operation facilities, observation equipment,
modeling and software, data management and communication, and
other essential components. The independent cost estimate
shall be transmitted unabridged and without revision by the
Administrator to Congress.
SEC. 12310. INTENT OF CONGRESS.
It is the intent of Congress that funding provided to
agencies of the Council to implement this subtitle shall
supplement, and not replace, existing sources of funding for
other programs. It is the further intent of Congress that
agencies of the Council shall not enter into contracts or
agreements for the development or procurement of new Federal
assets for the System that are estimated to be in excess of
$250,000,000 in life-cycle costs without first providing
adequate notice to Congress and opportunity for review and
comment.
SEC. 12311. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to the Secretary of
Commerce for fiscal years 2009 through 2013 such sums as are
necessary to fulfill the purposes of this subtitle and
support activities identified in the annual coordinated
System budget developed by the Interagency Ocean Observation
Committee and submitted to the Congress.
Subtitle D--Federal Ocean Acidification Research and Monitoring Act of
2009
SEC. 12401. SHORT TITLE.
This subtitle may be cited as the ``Federal Ocean
Acidification Research And Monitoring Act of 2009'' or the
``FOARAM Act''.
SEC. 12402. PURPOSES.
(a) Purposes.--The purposes of this subtitle are to provide
for--
(1) development and coordination of a comprehensive
interagency plan to--
(A) monitor and conduct research on the processes and
consequences of ocean acidification on marine organisms and
ecosystems; and
(B) establish an interagency research and monitoring
program on ocean acidification;
(2) establishment of an ocean acidification program within
the National Oceanic and Atmospheric Administration;
(3) assessment and consideration of regional and national
ecosystem and socioeconomic impacts of increased ocean
acidification; and
(4) research adaptation strategies and techniques for
effectively conserving marine ecosystems as they cope with
increased ocean acidification.
SEC. 12403. DEFINITIONS.
In this subtitle:
(1) Ocean acidification.--The term ``ocean acidification''
means the decrease in pH of the Earth's oceans and changes in
ocean chemistry caused by chemical inputs from the
atmosphere, including carbon dioxide.
(2) Secretary.--The term ``Secretary'' means the Secretary
of Commerce, acting through the Administrator of the National
Oceanic and Atmospheric Administration.
(3) Subcommittee.--The term ``Subcommittee'' means the
Joint Subcommittee on Ocean Science and Technology of the
National Science and Technology Council.
SEC. 12404. INTERAGENCY SUBCOMMITTEE.
(a) Designation.--
(1) In general.--The Joint Subcommittee on Ocean Science
and Technology of the National Science and Technology Council
shall coordinate Federal activities on ocean acidification
and establish an interagency working group.
(2) Membership.--The interagency working group on ocean
acidification shall be comprised of senior representatives
from the National Oceanic and Atmospheric Administration, the
National Science Foundation, the National Aeronautics and
Space Administration, the United
[[Page 8719]]
States Geological Survey, the United States Fish and Wildlife
Service, and such other Federal agencies as appropriate.
(3) Chairman.--The interagency working group shall be
chaired by the representative from the National Oceanic and
Atmospheric Administration.
(b) Duties.--The Subcommittee shall--
(1) develop the strategic research and monitoring plan to
guide Federal research on ocean acidification required under
section 12405 of this subtitle and oversee the implementation
of the plan;
(2) oversee the development of--
(A) an assessment of the potential impacts of ocean
acidification on marine organisms and marine ecosystems; and
(B) adaptation and mitigation strategies to conserve marine
organisms and ecosystems exposed to ocean acidification;
(3) facilitate communication and outreach opportunities
with nongovernmental organizations and members of the
stakeholder community with interests in marine resources;
(4) coordinate the United States Federal research and
monitoring program with research and monitoring programs and
scientists from other nations; and
(5) establish or designate an Ocean Acidification
Information Exchange to make information on ocean
acidification developed through or utilized by the
interagency ocean acidification program accessible through
electronic means, including information which would be useful
to policymakers, researchers, and other stakeholders in
mitigating or adapting to the impacts of ocean acidification.
(c) Reports to Congress.--
(1) Initial report.--Not later than 1 year after the date
of enactment of this Act, the Subcommittee shall transmit a
report to the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on Science and
Technology and the Committee on Natural Resources of the
House of Representatives that--
(A) includes a summary of federally funded ocean
acidification research and monitoring activities, including
the budget for each of these activities; and
(B) describes the progress in developing the plan required
under section 12405 of this subtitle.
(2) Biennial report.--Not later than 2 years after the
delivery of the initial report under paragraph (1) and every
2 years thereafter, the Subcommittee shall transmit a report
to the Committee on Commerce, Science, and Transportation of
the Senate and the Committee on Science and Technology and
the Committee on Natural Resources of the House of
Representatives that includes--
(A) a summary of federally funded ocean acidification
research and monitoring activities, including the budget for
each of these activities; and
(B) an analysis of the progress made toward achieving the
goals and priorities for the interagency research plan
developed by the Subcommittee under section 12405.
(3) Strategic research plan.--Not later than 2 years after
the date of enactment of this Act, the Subcommittee shall
transmit the strategic research plan developed under section
12405 to the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on Science and
Technology and the Committee on Natural Resources of the
House of Representatives. A revised plan shall be submitted
at least once every 5 years thereafter.
SEC. 12405. STRATEGIC RESEARCH PLAN.
(a) In General.--Not later than 2 years after the date of
enactment of this Act, the Subcommittee shall develop a
strategic plan for Federal research and monitoring on ocean
acidification that will provide for an assessment of the
impacts of ocean acidification on marine organisms and marine
ecosystems and the development of adaptation and mitigation
strategies to conserve marine organisms and marine
ecosystems. In developing the plan, the Subcommittee shall
consider and use information, reports, and studies of ocean
acidification that have identified research and monitoring
needed to better understand ocean acidification and its
potential impacts, and recommendations made by the National
Academy of Sciences in the review of the plan required under
subsection (d).
(b) Contents of the Plan.--The plan shall--
(1) provide for interdisciplinary research among the ocean
sciences, and coordinated research and activities to improve
the understanding of ocean chemistry that will affect marine
ecosystems;
(2) establish, for the 10-year period beginning in the year
the plan is submitted, the goals and priorities for Federal
research and monitoring which will--
(A) advance understanding of ocean acidification and its
physical, chemical, and biological impacts on marine
organisms and marine ecosystems;
(B) improve the ability to assess the socioeconomic impacts
of ocean acidification; and
(C) provide information for the development of adaptation
and mitigation strategies to conserve marine organisms and
marine ecosystems;
(3) describe specific activities, including--
(A) efforts to determine user needs;
(B) research activities;
(C) monitoring activities;
(D) technology and methods development;
(E) data collection;
(F) database development;
(G) modeling activities;
(H) assessment of ocean acidification impacts; and
(I) participation in international research efforts;
(4) identify relevant programs and activities of the
Federal agencies that contribute to the interagency program
directly and indirectly and set forth the role of each
Federal agency in implementing the plan;
(5) consider and utilize, as appropriate, reports and
studies conducted by Federal agencies, the National Research
Council, or other entities;
(6) make recommendations for the coordination of the ocean
acidification research and monitoring activities of the
United States with such activities of other nations and
international organizations;
(7) outline budget requirements for Federal ocean
acidification research and monitoring and assessment
activities to be conducted by each agency under the plan;
(8) identify the monitoring systems and sampling programs
currently employed in collecting data relevant to ocean
acidification and prioritize additional monitoring systems
that may be needed to ensure adequate data collection and
monitoring of ocean acidification and its impacts; and
(9) describe specific activities designed to facilitate
outreach and data and information exchange with stakeholder
communities.
(c) Program Elements.--The plan shall include at a minimum
the following program elements:
(1) Monitoring of ocean chemistry and biological impacts
associated with ocean acidification at selected coastal and
open-ocean monitoring stations, including satellite-based
monitoring to characterize--
(A) marine ecosystems;
(B) changes in marine productivity; and
(C) changes in surface ocean chemistry.
(2) Research to understand the species specific
physiological responses of marine organisms to ocean
acidification, impacts on marine food webs of ocean
acidification, and to develop environmental and ecological
indices that track marine ecosystem responses to ocean
acidification.
(3) Modeling to predict changes in the ocean carbon cycle
as a function of carbon dioxide and atmosphere-induced
changes in temperature, ocean circulation, biogeochemistry,
ecosystem and terrestrial input, and modeling to determine
impacts on marine ecosystems and individual marine organisms.
(4) Technology development and standardization of carbonate
chemistry measurements on moorings and autonomous floats.
(5) Assessment of socioeconomic impacts of ocean
acidification and development of adaptation and mitigation
strategies to conserve marine organisms and marine
ecosystems.
(d) National Academy of Sciences Evaluation.--The Secretary
shall enter into an agreement with the National Academy of
Sciences to review the plan.
(e) Public Participation.--In developing the plan, the
Subcommittee shall consult with representatives of academic,
State, industry and environmental groups. Not later than 90
days before the plan, or any revision thereof, is submitted
to the Congress, the plan shall be published in the Federal
Register for a public comment period of not less than 60
days.
SEC. 12406. NOAA OCEAN ACIDIFICATION ACTIVITIES.
(a) In General.--The Secretary shall establish and maintain
an ocean acidification program within the National Oceanic
and Atmospheric Administration to conduct research,
monitoring, and other activities consistent with the
strategic research and implementation plan developed by the
Subcommittee under section 12405 that--
(1) includes--
(A) interdisciplinary research among the ocean and
atmospheric sciences, and coordinated research and activities
to improve understanding of ocean acidification;
(B) the establishment of a long-term monitoring program of
ocean acidification utilizing existing global and national
ocean observing assets, and adding instrumentation and
sampling stations as appropriate to the aims of the research
program;
(C) research to identify and develop adaptation strategies
and techniques for effectively conserving marine ecosystems
as they cope with increased ocean acidification;
(D) as an integral part of the research programs described
in this subtitle, educational opportunities that encourage an
interdisciplinary and international approach to exploring the
impacts of ocean acidification;
(E) as an integral part of the research programs described
in this subtitle, national public outreach activities to
improve the understanding of current scientific knowledge of
ocean acidification and its impacts on marine resources; and
(F) coordination of ocean acidification monitoring and
impacts research with other appropriate international ocean
science bodies such as the International Oceanographic
Commission, the International Council for the Exploration of
the Sea, the North Pacific Marine Science Organization, and
others;
(2) provides grants for critical research projects that
explore the effects of ocean acidification on ecosystems and
the socioeconomic impacts of increased ocean acidification
that are relevant to the goals and priorities of the
strategic research plan; and
(3) incorporates a competitive merit-based process for
awarding grants that may be conducted jointly with other
participating agencies or under the National Oceanographic
Partnership Program under section 7901 of title 10, United
States Code.
[[Page 8720]]
(b) Additional Authority.--In conducting the Program, the
Secretary may enter into and perform such contracts, leases,
grants, or cooperative agreements as may be necessary to
carry out the purposes of this subtitle on such terms as the
Secretary considers appropriate.
SEC. 12407. NSF OCEAN ACIDIFICATION ACTIVITIES.
(a) Research Activities.--The Director of the National
Science Foundation shall continue to carry out research
activities on ocean acidification which shall support
competitive, merit-based, peer-reviewed proposals for
research and monitoring of ocean acidification and its
impacts, including--
(1) impacts on marine organisms and marine ecosystems;
(2) impacts on ocean, coastal, and estuarine
biogeochemistry; and
(3) the development of methodologies and technologies to
evaluate ocean acidification and its impacts.
(b) Consistency.--The research activities shall be
consistent with the strategic research plan developed by the
Subcommittee under section 12405.
(c) Coordination.--The Director shall encourage
coordination of the Foundation's ocean acidification
activities with such activities of other nations and
international organizations.
SEC. 12408. NASA OCEAN ACIDIFICATION ACTIVITIES.
(a) Ocean Acidification Activities.--The Administrator of
the National Aeronautics and Space Administration, in
coordination with other relevant agencies, shall ensure that
space-based monitoring assets are used in as productive a
manner as possible for monitoring of ocean acidification and
its impacts.
(b) Program Consistency.--The Administrator shall ensure
that the Agency's research and monitoring activities on ocean
acidification are carried out in a manner consistent with the
strategic research plan developed by the Subcommittee under
section 12405.
(c) Coordination.--The Administrator shall encourage
coordination of the Agency's ocean acidification activities
with such activities of other nations and international
organizations.
SEC. 12409. AUTHORIZATION OF APPROPRIATIONS.
(a) NOAA.--There are authorized to be appropriated to the
National Oceanic and Atmospheric Administration to carry out
the purposes of this subtitle--
(1) $8,000,000 for fiscal year 2009;
(2) $12,000,000 for fiscal year 2010;
(3) $15,000,000 for fiscal year 2011; and
(4) $20,000,000 for fiscal year 2012.
(b) NSF.--There are authorized to be appropriated to the
National Science Foundation to carry out the purposes of this
subtitle--
(1) $6,000,000 for fiscal year 2009;
(2) $8,000,000 for fiscal year 2010;
(3) $12,000,000 for fiscal year 2011; and
(4) $15,000,000 for fiscal year 2012.
Subtitle E--Coastal and Estuarine Land Conservation Program
SEC. 12501. SHORT TITLE.
This Act may be cited as the ``Coastal and Estuarine Land
Conservation Program Act''.
SEC. 12502. AUTHORIZATION OF COASTAL AND ESTUARINE LAND
CONSERVATION PROGRAM.
The Coastal Zone Management Act of 1972 (16 U.S.C. 1451 et
seq.) is amended by inserting after section 307 the following
new section:
``authorization of the coastal and estuarine land conservation program
``Sec. 307A. (a) In General.--The Secretary may conduct a
Coastal and Estuarine Land Conservation Program, in
cooperation with appropriate State, regional, and other units
of government, for the purposes of protecting important
coastal and estuarine areas that have significant
conservation, recreation, ecological, historical, or
aesthetic values, or that are threatened by conversion from
their natural, undeveloped, or recreational state to other
uses or could be managed or restored to effectively conserve,
enhance, or restore ecological function. The program shall be
administered by the National Ocean Service of the National
Oceanic and Atmospheric Administration through the Office of
Ocean and Coastal Resource Management.
``(b) Property Acquisition Grants.--The Secretary shall
make grants under the program to coastal states with approved
coastal zone management plans or National Estuarine Research
Reserve units for the purpose of acquiring property or
interests in property described in subsection (a) that will
further the goals of--
``(1) a Coastal Zone Management Plan or Program approved
under this title;
``(2) a National Estuarine Research Reserve management
plan;
``(3) a regional or State watershed protection or
management plan involving coastal states with approved
coastal zone management programs; or
``(4) a State coastal land acquisition plan that is
consistent with an approved coastal zone management program.
``(c) Grant Process.--The Secretary shall allocate funds to
coastal states or National Estuarine Research Reserves under
this section through a competitive grant process in
accordance with guidelines that meet the following
requirements:
``(1) The Secretary shall consult with the coastal state's
coastal zone management program, any National Estuarine
Research Reserve in that State, and the lead agency
designated by the Governor for coordinating the
implementation of this section (if different from the coastal
zone management program).
``(2) Each participating coastal state, after consultation
with local governmental entities and other interested
stakeholders, shall identify priority conservation needs
within the State, the values to be protected by inclusion of
lands in the program, and the threats to those values that
should be avoided.
``(3) Each participating coastal state shall to the extent
practicable ensure that the acquisition of property or
easements shall complement working waterfront needs.
``(4) The applicant shall identify the values to be
protected by inclusion of the lands in the program,
management activities that are planned and the manner in
which they may affect the values identified, and any other
information from the landowner relevant to administration and
management of the land.
``(5) Awards shall be based on demonstrated need for
protection and ability to successfully leverage funds among
participating entities, including Federal programs, regional
organizations, State and other governmental units,
landowners, corporations, or private organizations.
``(6) The governor, or the lead agency designated by the
governor for coordinating the implementation of this section,
where appropriate in consultation with the appropriate local
government, shall determine that the application is
consistent with the State's or territory's approved coastal
zone plan, program, and policies prior to submittal to the
Secretary.
``(7)(A) Priority shall be given to lands described in
subsection (a) that can be effectively managed and protected
and that have significant ecological value.
``(B) Of the projects that meet the standard in
subparagraph (A), priority shall be given to lands that--
``(i) are under an imminent threat of conversion to a use
that will degrade or otherwise diminish their natural,
undeveloped, or recreational state; and
``(ii) serve to mitigate the adverse impacts caused by
coastal population growth in the coastal environment.
``(8) In developing guidelines under this section, the
Secretary shall consult with coastal states, other Federal
agencies, and other interested stakeholders with expertise in
land acquisition and conservation procedures.
``(9) Eligible coastal states or National Estuarine
Research Reserves may allocate grants to local governments or
agencies eligible for assistance under section 306A(e).
``(10) The Secretary shall develop performance measures
that the Secretary shall use to evaluate and report on the
program's effectiveness in accomplishing its purposes, and
shall submit such evaluations to Congress triennially.
``(d) Limitations and Private Property Protections.--
``(1) A grant awarded under this section may be used to
purchase land or an interest in land, including an easement,
only from a willing seller. Any such purchase shall not be
the result of a forced taking under this section. Nothing in
this section requires a private property owner to participate
in the program under this section.
``(2) Any interest in land, including any easement,
acquired with a grant under this section shall not be
considered to create any new liability, or have any effect on
liability under any other law, of any private property owner
with respect to any person injured on the private property.
``(3) Nothing in this section requires a private property
owner to provide access (including Federal, State, or local
government access) to or use of private property unless such
property or an interest in such property (including a
conservation easement) has been purchased with funds made
available under this section.
``(e) Recognition of Authority to Control Land Use.--
Nothing in this title modifies the authority of Federal,
State, or local governments to regulate land use.
``(f) Matching Requirements.--
``(1) In general.--The Secretary may not make a grant under
the program unless the Federal funds are matched by non-
Federal funds in accordance with this subsection.
``(2) Cost share requirement.--
``(A) In general.--Grant funds under the program shall
require a 100 percent match from other non-Federal sources.
``(B) Waiver of requirement.--The Secretary may grant a
waiver of subparagraph (A) for underserved communities,
communities that have an inability to draw on other sources
of funding because of the small population or low income of
the community, or for other reasons the Secretary deems
appropriate and consistent with the purposes of the program.
``(3) Other federal funds.--Where financial assistance
awarded under this section represents only a portion of the
total cost of a project, funding from other Federal sources
may be applied to the cost of the project. Each portion shall
be subject to match requirements under the applicable
provision of law.
``(4) Source of matching cost share.--For purposes of
paragraph (2)(A), the non-Federal cost share for a project
may be determined by taking into account the following:
``(A) The value of land or a conservation easement may be
used by a project applicant as non-Federal match, if the
Secretary determines that--
``(i) the land meets the criteria set forth in section 2(b)
and is acquired in the period beginning 3 years before the
date of the submission of the grant application and ending 3
years after the date of the award of the grant;
``(ii) the value of the land or easement is held by a non-
governmental organization included in
[[Page 8721]]
the grant application in perpetuity for conservation purposes
of the program; and
``(iii) the land or easement is connected either physically
or through a conservation planning process to the land or
easement that would be acquired.
``(B) The appraised value of the land or conservation
easement at the time of the grant closing will be considered
and applied as the non-Federal cost share.
``(C) Costs associated with land acquisition, land
management planning, remediation, restoration, and
enhancement may be used as non- Federal match if the
activities are identified in the plan and expenses are
incurred within the period of the grant award, or, for lands
described in (A), within the same time limits described
therein. These costs may include either cash or in-kind
contributions.
``(g) Reservation of Funds for National Estuarine Research
Reserve Sites.--No less than 15 percent of funds made
available under this section shall be available for
acquisitions benefitting National Estuarine Research
Reserves.
``(h) Limit on Administrative Costs.--No more than 5
percent of the funds made available to the Secretary under
this section shall be used by the Secretary for planning or
administration of the program. The Secretary shall provide a
report to Congress with an account of all expenditures under
this section for fiscal year 2009 and triennially thereafter.
``(i) Title and Management of Acquired Property.--If any
property is acquired in whole or in part with funds made
available through a grant under this section, the grant
recipient shall provide--
``(1) such assurances as the Secretary may require that--
``(A) the title to the property will be held by the grant
recipient or another appropriate public agency designated by
the recipient in perpetuity;
``(B) the property will be managed in a manner that is
consistent with the purposes for which the land entered into
the program and shall not convert such property to other
uses; and
``(C) if the property or interest in land is sold,
exchanged, or divested, funds equal to the current value will
be returned to the Secretary in accordance with applicable
Federal law for redistribution in the grant process; and
``(2) certification that the property (including any
interest in land) will be acquired from a willing seller.
``(j) Requirement for Property Used for Non-Federal
Match.--If the grant recipient elects to use any land or
interest in land held by a non-governmental organization as a
non-Federal match under subsection (g), the grant recipient
must to the Secretary's satisfaction demonstrate in the grant
application that such land or interest will satisfy the same
requirements as the lands or interests in lands acquired
under the program.
``(k) Definitions.--In this section:
``(1) Conservation easement.--The term `conservation
easement' includes an easement or restriction, recorded deed,
or a reserve interest deed where the grantee acquires all
rights, title, and interest in a property, that do not
conflict with the goals of this section except those rights,
title, and interests that may run with the land that are
expressly reserved by a grantor and are agreed to at the time
of purchase.
``(2) Interest in property.--The term `interest in
property' includes a conservation easement.
``(l) Authorization of Appropriations.--There are
authorized to be appropriated to the Secretary to carry out
this section $60,000,000 for each of fiscal years 2009
through 2013.''.
TITLE XIII--MISCELLANEOUS
SEC. 13001. MANAGEMENT AND DISTRIBUTION OF NORTH DAKOTA TRUST
FUNDS.
(a) North Dakota Trust Funds.--The Act of February 22, 1889
(25 Stat. 676, chapter 180), is amended by adding at the end
the following:
``SEC. 26. NORTH DAKOTA TRUST FUNDS.
``(a) Disposition.--Notwithstanding section 11, the State
of North Dakota shall, with respect to any trust fund in
which proceeds from the sale of public land are deposited
under this Act (referred to in this section as the `trust
fund')--
``(1) deposit all revenues earned by a trust fund into the
trust fund;
``(2) deduct the costs of administering a trust fund from
each trust fund; and
``(3) manage each trust fund to--
``(A) preserve the purchasing power of the trust fund; and
``(B) maintain stable distributions to trust fund
beneficiaries.
``(b) Distributions.--Notwithstanding section 11, any
distributions from trust funds in the State of North Dakota
shall be made in accordance with section 2 of article IX of
the Constitution of the State of North Dakota.
``(c) Management of Proceeds.--Notwithstanding section 13,
the State of North Dakota shall manage the proceeds referred
to in that section in accordance with subsections (a) and
(b).
``(d) Management of Land and Proceeds.--Notwithstanding
sections 14 and 16, the State of North Dakota shall manage
the land granted under that section, including any proceeds
from the land, and make distributions in accordance with
subsections (a) and (b).''.
(b) Management and Distribution of Morrill Act Grants.--The
Act of July 2, 1862 (commonly known as the ``First Morrill
Act'') (7 U.S.C. 301 et seq.), is amended by adding at the
end the following:
``SEC. 9. LAND GRANTS IN THE STATE OF NORTH DAKOTA.
``(a) Expenses.--Notwithstanding section 3, the State of
North Dakota shall manage the land granted to the State under
the first section, including any proceeds from the land, in
accordance with this section.
``(b) Disposition of Proceeds.--Notwithstanding section 4,
the State of North Dakota shall, with respect to any trust
fund in which proceeds from the sale of land under this Act
are deposited (referred to in this section as the `trust
fund')--
``(1) deposit all revenues earned by a trust fund into the
trust fund;
``(2) deduct the costs of administering a trust fund from
each trust fund; and
``(3) manage each trust fund to--
``(A) preserve the purchasing power of the trust fund; and
``(B) maintain stable distributions to trust fund
beneficiaries.
``(c) Distributions.--Notwithstanding section 4, any
distributions from trust funds in the State of North Dakota
shall be made in accordance with section 2 of article IX of
the Constitution of the State of North Dakota.
``(d) Management.--Notwithstanding section 5, the State of
North Dakota shall manage the land granted under the first
section, including any proceeds from the land, in accordance
with this section.''.
(c) Consent of Congress.--Effective July 1, 2009, Congress
consents to the amendments to the Constitution of North
Dakota proposed by House Concurrent Resolution No. 3037 of
the 59th Legislature of the State of North Dakota entitled
``A concurrent resolution for the amendment of sections 1 and
2 of article IX of the Constitution of North Dakota, relating
to distributions from and the management of the common
schools trust fund and the trust funds of other educational
or charitable institutions; and to provide a contingent
effective date'' and approved by the voters of the State of
North Dakota on November 7, 2006.
SEC. 13002. AMENDMENTS TO THE FISHERIES RESTORATION AND
IRRIGATION MITIGATION ACT OF 2000.
(a) Priority Projects.--Section 3(c)(3) of the Fisheries
Restoration and Irrigation Mitigation Act of 2000 (16 U.S.C.
777 note; Public Law 106-502) is amended by striking
``$5,000,000'' and inserting ``$2,500,000''.
(b) Cost Sharing.--Section 7(c) of Fisheries Restoration
and Irrigation Mitigation Act of 2000 (16 U.S.C. 777 note;
Public Law 106-502) is amended--
(1) by striking ``The value'' and inserting the following:
``(1) In general.--The value''; and
(2) by adding at the end the following:
``(2) Bonneville power administration.--
``(A) In general.--The Secretary may, without further
appropriation and without fiscal year limitation, accept any
amounts provided to the Secretary by the Administrator of the
Bonneville Power Administration.
``(B) Non-federal share.--Any amounts provided by the
Bonneville Power Administration directly or through a grant
to another entity for a project carried under the Program
shall be credited toward the non-Federal share of the costs
of the project.''.
(c) Report.--Section 9 of the Fisheries Restoration and
Irrigation Mitigation Act of 2000 (16 U.S.C. 777 note; Public
Law 106-502) is amended--
(1) by inserting ``any'' before ``amounts are made''; and
(2) by inserting after ``Secretary shall'' the following:
``, after partnering with local governmental entities and the
States in the Pacific Ocean drainage area,''.
(d) Authorization of Appropriations.--Section 10 of the
Fisheries Restoration and Irrigation Mitigation Act of 2000
(16 U.S.C. 777 note; Public Law 106-502) is amended--
(1) in subsection (a), by striking ``2001 through 2005''
and inserting ``2009 through 2015''; and
(2) in subsection (b), by striking paragraph (2) and
inserting the following:
``(2) Administrative expenses.--
``(A) Definition of administrative expense.--In this
paragraph, the term `administrative expense' means, except as
provided in subparagraph (B)(iii)(II), any expenditure
relating to--
``(i) staffing and overhead, such as the rental of office
space and the acquisition of office equipment; and
``(ii) the review, processing, and provision of
applications for funding under the Program.
``(B) Limitation.--
``(i) In general.--Not more than 6 percent of amounts made
available to carry out this Act for each fiscal year may be
used for Federal and State administrative expenses of
carrying out this Act.
``(ii) Federal and state shares.--To the maximum extent
practicable, of the amounts made available for administrative
expenses under clause (i)--
``(I) 50 percent shall be provided to the State agencies
provided assistance under the Program; and
``(II) an amount equal to the cost of 1 full-time
equivalent Federal employee, as determined by the Secretary,
shall be provided to the Federal agency carrying out the
Program.
``(iii) State expenses.--Amounts made available to States
for administrative expenses under clause (i)--
``(I) shall be divided evenly among all States provided
assistance under the Program; and
[[Page 8722]]
``(II) may be used by a State to provide technical
assistance relating to the program, including any staffing
expenditures (including staff travel expenses) associated
with--
``(aa) arranging meetings to promote the Program to
potential applicants;
``(bb) assisting applicants with the preparation of
applications for funding under the Program; and
``(cc) visiting construction sites to provide technical
assistance, if requested by the applicant.''.
SEC. 13003. AMENDMENTS TO THE ALASKA NATURAL GAS PIPELINE
ACT.
Section 107(a) of the Alaska Natural Gas Pipeline Act (15
U.S.C. 720e(a)) is amended by striking paragraph (3) and
inserting the following:
``(3) the validity of any determination, permit, approval,
authorization, review, or other related action taken under
any provision of law relating to a gas transportation project
constructed and operated in accordance with section 103,
including--
``(A) subchapter II of chapter 5, and chapter 7, of title
5, United States Code (commonly known as the `Administrative
Procedure Act');
``(B) the Endangered Species Act of 1973 (16 U.S.C. 1531 et
seq.);
``(C) the National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.);
``(D) the National Historic Preservation Act (16 U.S.C. 470
et seq.); and
``(E) the Alaska National Interest Lands Conservation Act
(16 U.S.C. 3101 et seq.).''.
SEC. 13004. ADDITIONAL ASSISTANT SECRETARY FOR DEPARTMENT OF
ENERGY.
(a) In General.--Section 203(a) of the Department of Energy
Organization Act (42 U.S.C. 7133(a)) is amended in the first
sentence by striking ``7 Assistant Secretaries'' and
inserting ``8 Assistant Secretaries''.
(b) Conforming Amendment.--Section 5315 of title 5, United
States Code, is amended by striking ``Assistant Secretaries
of Energy (7)'' and inserting ``Assistant Secretaries of
Energy (8)''.
SEC. 13005. LOVELACE RESPIRATORY RESEARCH INSTITUTE.
(a) Definitions.--In this section:
(1) Institute.--The term ``Institute'' means the Lovelace
Respiratory Research Institute, a nonprofit organization
chartered under the laws of the State of New Mexico.
(2) Map.--The term ``map'' means the map entitled
``Lovelace Respiratory Research Institute Land Conveyance''
and dated March 18, 2008.
(3) Secretary concerned.--The term ``Secretary concerned''
means--
(A) the Secretary of Energy, with respect to matters
concerning the Department of Energy;
(B) the Secretary of the Interior, with respect to matters
concerning the Department of the Interior; and
(C) the Secretary of the Air Force, with respect to matters
concerning the Department of the Air Force.
(4) Secretary of energy.--The term ``Secretary of Energy''
means the Secretary of Energy, acting through the
Administrator for the National Nuclear Security
Administration.
(b) Conveyance of Land.--
(1) In general.--Notwithstanding section 120(h) of the
Comprehensive Environmental Response, Compensation, and
Liability Act of 1980 (42 U.S.C. 9620(h)) and subject to
valid existing rights and this section, the Secretary of
Energy, in consultation with the Secretary of the Interior
and the Secretary of the Air Force, may convey to the
Institute, on behalf of the United States, all right, title,
and interest of the United States in and to the parcel of
land described in paragraph (2) for research, scientific, or
educational use.
(2) Description of land.--The parcel of land referred to in
paragraph (1)--
(A) is the approximately 135 acres of land identified as
``Parcel A'' on the map;
(B) includes any improvements to the land described in
subparagraph (A); and
(C) excludes any portion of the utility system and
infrastructure reserved by the Secretary of the Air Force
under paragraph (4).
(3) Other federal agencies.--The Secretary of the Interior
and the Secretary of the Air Force shall complete any real
property actions, including the revocation of any Federal
withdrawals of the parcel conveyed under paragraph (1) and
the parcel described in subsection (c)(1), that are necessary
to allow the Secretary of Energy to--
(A) convey the parcel under paragraph (1); or
(B) transfer administrative jurisdiction under subsection
(c).
(4) Reservation of utility infrastructure and access.--The
Secretary of the Air Force may retain ownership and control
of--
(A) any portions of the utility system and infrastructure
located on the parcel conveyed under paragraph (1); and
(B) any rights of access determined to be necessary by the
Secretary of the Air Force to operate and maintain the
utilities on the parcel.
(5) Restrictions on use.--
(A) Authorized uses.--The Institute shall allow only
research, scientific, or educational uses of the parcel
conveyed under paragraph (1).
(B) Reversion.--
(i) In general.--If, at any time, the Secretary of Energy,
in consultation with the Secretary of the Air Force,
determines, in accordance with clause (ii), that the parcel
conveyed under paragraph (1) is not being used for a purpose
described in subparagraph (A)--
(I) all right, title, and interest in and to the entire
parcel, or any portion of the parcel not being used for the
purposes, shall revert, at the option of the Secretary, to
the United States; and
(II) the United States shall have the right of immediate
entry onto the parcel.
(ii) Requirements for determination.--Any determination of
the Secretary under clause (i) shall be made on the record
and after an opportunity for a hearing.
(6) Costs.--
(A) In general.--The Secretary of Energy shall require the
Institute to pay, or reimburse the Secretary concerned, for
any costs incurred by the Secretary concerned in carrying out
the conveyance under paragraph (1), including any survey
costs related to the conveyance.
(B) Refund.--If the Secretary concerned collects amounts
under subparagraph (A) from the Institute before the
Secretary concerned incurs the actual costs, and the amount
collected exceeds the actual costs incurred by the Secretary
concerned to carry out the conveyance, the Secretary
concerned shall refund to the Institute an amount equal to
difference between--
(i) the amount collected by the Secretary concerned; and
(ii) the actual costs incurred by the Secretary concerned.
(C) Deposit in fund.--
(i) In general.--Amounts received by the United States
under this paragraph as a reimbursement or recovery of costs
incurred by the Secretary concerned to carry out the
conveyance under paragraph (1) shall be deposited in the fund
or account that was used to cover the costs incurred by the
Secretary concerned in carrying out the conveyance.
(ii) Use.--Any amounts deposited under clause (i) shall be
available for the same purposes, and subject to the same
conditions and limitations, as any other amounts in the fund
or account.
(7) Contaminated land.--In consideration for the conveyance
of the parcel under paragraph (1), the Institute shall--
(A) take fee title to the parcel and any improvements to
the parcel, as contaminated;
(B) be responsible for undertaking and completing all
environmental remediation required at, in, under, from, or on
the parcel for all environmental conditions relating to or
arising from the release or threat of release of waste
material, substances, or constituents, in the same manner and
to the same extent as required by law applicable to privately
owned facilities, regardless of the date of the contamination
or the responsible party;
(C) indemnify the United States for--
(i) any environmental remediation or response costs the
United States reasonably incurs if the Institute fails to
remediate the parcel; or
(ii) contamination at, in, under, from, or on the land, for
all environmental conditions relating to or arising from the
release or threat of release of waste material, substances,
or constituents;
(D) indemnify, defend, and hold harmless the United States
from any damages, costs, expenses, liabilities, fines,
penalties, claim, or demand for loss, including claims for
property damage, personal injury, or death resulting from
releases, discharges, emissions, spills, storage, disposal,
or any other acts or omissions by the Institute and any
officers, agents, employees, contractors, sublessees,
licensees, successors, assigns, or invitees of the Institute
arising from activities conducted, on or after October 1,
1996, on the parcel conveyed under paragraph (1); and
(E) reimburse the United States for all legal and attorney
fees, costs, and expenses incurred in association with the
defense of any claims described in subparagraph (D).
(8) Contingent environmental response obligations.--If the
Institute does not undertake or complete environmental
remediation as required by paragraph (7) and the United
States is required to assume the responsibilities of the
remediation, the Secretary of Energy shall be responsible for
conducting any necessary environmental remediation or
response actions with respect to the parcel conveyed under
paragraph (1).
(9) No additional compensation.--Except as otherwise
provided in this section, no additional consideration shall
be required for conveyance of the parcel to the Institute
under paragraph (1).
(10) Access and utilities.--On conveyance of the parcel
under paragraph (1), the Secretary of the Air Force shall, on
behalf of the United States and subject to any terms and
conditions as the Secretary determines to be necessary
(including conditions providing for the reimbursement of
costs), provide the Institute with--
(A) access for employees and invitees of the Institute
across Kirtland Air Force Base to the parcel conveyed under
that paragraph; and
(B) access to utility services for the land and any
improvements to the land conveyed under that paragraph.
(11) Additional term and conditions.--The Secretary of
Energy, in consultation with the Secretary of the Interior
and Secretary of the Air Force, may require any additional
terms and conditions for the conveyance under paragraph (1)
that the Secretaries determine to be appropriate to protect
the interests of the United States.
(c) Transfer of Administrative Jurisdiction.--
(1) In general.--After the conveyance under subsection
(b)(1) has been completed, the Secretary of Energy shall, on
request of the Secretary of the Air Force, transfer to the
Secretary of the Air Force administrative jurisdiction over
the parcel of approximately 7 acres of land identified as
``Parcel B'' on the map, including any improvements to the
parcel.
[[Page 8723]]
(2) Removal of improvements.--In concurrence with the
transfer under paragraph (1), the Secretary of Energy shall,
on request of the Secretary of the Air Force, arrange and pay
for removal of any improvements to the parcel transferred
under that paragraph.
SEC. 13006. AUTHORIZATION OF APPROPRIATIONS FOR NATIONAL
TROPICAL BOTANICAL GARDEN.
Chapter 1535 of title 36, United States Code, is amended by
adding at the end the following:
``Sec. 153514. Authorization of appropriations
``(a) In General.--Subject to subsection (b), there is
authorized to be appropriated to the corporation for
operation and maintenance expenses $500,000 for each of
fiscal years 2008 through 2017.
``(b) Limitation.--Any Federal funds made available under
subsection (a) shall be matched on a 1-to-1 basis by non-
Federal funds.''.
TITLE XIV--CHRISTOPHER AND DANA REEVE PARALYSIS ACT
SEC. 14001. SHORT TITLE.
This title may be cited as the ``Christopher and Dana Reeve
Paralysis Act''.
Subtitle A--Paralysis Research
SEC. 14101. ACTIVITIES OF THE NATIONAL INSTITUTES OF HEALTH
WITH RESPECT TO RESEARCH ON PARALYSIS.
(a) Coordination.--The Director of the National Institutes
of Health (referred to in this title as the ``Director''),
pursuant to the general authority of the Director, may
develop mechanisms to coordinate the paralysis research and
rehabilitation activities of the Institutes and Centers of
the National Institutes of Health in order to further advance
such activities and avoid duplication of activities.
(b) Christopher and Dana Reeve Paralysis Research
Consortia.--
(1) In general.--The Director may make awards of grants to
public or private entities to pay all or part of the cost of
planning, establishing, improving, and providing basic
operating support for consortia in paralysis research. The
Director shall designate each consortium funded through such
grants as a Christopher and Dana Reeve Paralysis Research
Consortium.
(2) Research.--Each consortium under paragraph (1)--
(A) may conduct basic, translational, and clinical
paralysis research;
(B) may focus on advancing treatments and developing
therapies in paralysis research;
(C) may focus on one or more forms of paralysis that result
from central nervous system trauma or stroke;
(D) may facilitate and enhance the dissemination of
clinical and scientific findings; and
(E) may replicate the findings of consortia members or
other researchers for scientific and translational purposes.
(3) Coordination of consortia; reports.--The Director may,
as appropriate, provide for the coordination of information
among consortia under paragraph (1) and ensure regular
communication among members of the consortia, and may require
the periodic preparation of reports on the activities of the
consortia and the submission of the reports to the Director.
(4) Organization of consortia.--Each consortium under
paragraph (1) may use the facilities of a single lead
institution, or be formed from several cooperating
institutions, meeting such requirements as may be prescribed
by the Director.
(c) Public Input.--The Director may provide for a mechanism
to educate and disseminate information on the existing and
planned programs and research activities of the National
Institutes of Health with respect to paralysis and through
which the Director can receive comments from the public
regarding such programs and activities.
Subtitle B--Paralysis Rehabilitation Research and Care
SEC. 14201. ACTIVITIES OF THE NATIONAL INSTITUTES OF HEALTH
WITH RESPECT TO RESEARCH WITH IMPLICATIONS FOR
ENHANCING DAILY FUNCTION FOR PERSONS WITH
PARALYSIS.
(a) In General.--The Director, pursuant to the general
authority of the Director, may make awards of grants to
public or private entities to pay all or part of the costs of
planning, establishing, improving, and providing basic
operating support to multicenter networks of clinical sites
that will collaborate to design clinical rehabilitation
intervention protocols and measures of outcomes on one or
more forms of paralysis that result from central nervous
system trauma, disorders, or stroke, or any combination of
such conditions.
(b) Research.--A multicenter network of clinical sites
funded through this section may--
(1) focus on areas of key scientific concern, including--
(A) improving functional mobility;
(B) promoting behavioral adaptation to functional losses,
especially to prevent secondary complications;
(C) assessing the efficacy and outcomes of medical
rehabilitation therapies and practices and assisting
technologies;
(D) developing improved assistive technology to improve
function and independence; and
(E) understanding whole body system responses to physical
impairments, disabilities, and societal and functional
limitations; and
(2) replicate the findings of network members or other
researchers for scientific and translation purposes.
(c) Coordination of Clinical Trials Networks; Reports.--The
Director may, as appropriate, provide for the coordination of
information among networks funded through this section and
ensure regular communication among members of the networks,
and may require the periodic preparation of reports on the
activities of the networks and submission of reports to the
Director.
Subtitle C--Improving Quality of Life for Persons With Paralysis and
Other Physical Disabilities
SEC. 14301. PROGRAMS TO IMPROVE QUALITY OF LIFE FOR PERSONS
WITH PARALYSIS AND OTHER PHYSICAL DISABILITIES.
(a) In General.--The Secretary of Health and Human Services
(in this subtitle referred to as the ``Secretary'') may study
the unique health challenges associated with paralysis and
other physical disabilities and carry out projects and
interventions to improve the quality of life and long-term
health status of persons with paralysis and other physical
disabilities. The Secretary may carry out such projects
directly and through awards of grants or contracts.
(b) Certain Activities.--Activities under subsection (a)
may include--
(1) the development of a national paralysis and physical
disability quality of life action plan, to promote health and
wellness in order to enhance full participation, independent
living, self-sufficiency, and equality of opportunity in
partnership with voluntary health agencies focused on
paralysis and other physical disabilities, to be carried out
in coordination with the State-based Disability and Health
Program of the Centers for Disease Control and Prevention;
(2) support for programs to disseminate information
involving care and rehabilitation options and quality of life
grant programs supportive of community-based programs and
support systems for persons with paralysis and other physical
disabilities;
(3) in collaboration with other centers and national
voluntary health agencies, the establishment of a population-
based database that may be used for longitudinal and other
research on paralysis and other disabling conditions; and
(4) the replication and translation of best practices and
the sharing of information across States, as well as the
development of comprehensive, unique, and innovative
programs, services, and demonstrations within existing State-
based disability and health programs of the Centers for
Disease Control and Prevention which are designed to support
and advance quality of life programs for persons living with
paralysis and other physical disabilities focusing on--
(A) caregiver education;
(B) promoting proper nutrition, increasing physical
activity, and reducing tobacco use;
(C) education and awareness programs for health care
providers;
(D) prevention of secondary complications;
(E) home- and community-based interventions;
(F) coordinating services and removing barriers that
prevent full participation and integration into the
community; and
(G) recognizing the unique needs of underserved
populations.
(c) Grants.--The Secretary may award grants in accordance
with the following:
(1) To State and local health and disability agencies for
the purpose of--
(A) establishing a population-based database that may be
used for longitudinal and other research on paralysis and
other disabling conditions;
(B) developing comprehensive paralysis and other physical
disability action plans and activities focused on the items
listed in subsection (b)(4);
(C) assisting State-based programs in establishing and
implementing partnerships and collaborations that maximize
the input and support of people with paralysis and other
physical disabilities and their constituent organizations;
(D) coordinating paralysis and physical disability
activities with existing State-based disability and health
programs;
(E) providing education and training opportunities and
programs for health professionals and allied caregivers; and
(F) developing, testing, evaluating, and replicating
effective intervention programs to maintain or improve health
and quality of life.
(2) To private health and disability organizations for the
purpose of--
(A) disseminating information to the public;
(B) improving access to services for persons living with
paralysis and other physical disabilities and their
caregivers;
(C) testing model intervention programs to improve health
and quality of life; and
(D) coordinating existing services with State-based
disability and health programs.
(d) Coordination of Activities.--The Secretary shall ensure
that activities under this section are coordinated as
appropriate by the agencies of the Department of Health and
Human Services.
(e) Authorization of Appropriations.--For the purpose of
carrying out this section, there is authorized to be
appropriated $25,000,000 for each of fiscal years 2008
through 2011.
TITLE XV--SMITHSONIAN INSTITUTION FACILITIES AUTHORIZATION
SEC. 15101. LABORATORY AND SUPPORT SPACE, EDGEWATER,
MARYLAND.
(a) Authority To Design and Construct.--The Board of
Regents of the Smithsonian Institution is authorized to
design and construct laboratory and support space to
accommodate the Mathias Laboratory at the Smithsonian
Environmental Research Center in Edgewater, Maryland.
(b) Authorization of Appropriations.--There is authorized
to be appropriated to carry
[[Page 8724]]
out this section a total of $41,000,000 for fiscal years 2009
through 2011. Such sums shall remain available until
expended.
SEC. 15102. LABORATORY SPACE, GAMBOA, PANAMA.
(a) Authority To Construct.--The Board of Regents of the
Smithsonian Institution is authorized to construct laboratory
space to accommodate the terrestrial research program of the
Smithsonian tropical research institute in Gamboa, Panama.
(b) Authorization of Appropriations.--There is authorized
to be appropriated to carry out this section a total of
$14,000,000 for fiscal years 2009 and 2010. Such sums shall
remain available until expended.
SEC. 15103. CONSTRUCTION OF GREENHOUSE FACILITY.
(a) In General.--The Board of Regents of the Smithsonian
Institution is authorized to construct a greenhouse facility
at its museum support facility in Suitland, Maryland, to
maintain the horticultural operations of, and preserve the
orchid collection held in trust by, the Smithsonian
Institution.
(b) Authorization of Appropriations.--There is authorized
to be appropriated $12,000,000 to carry out this section.
Such sums shall remain available until expended.
Amend the title so as to read: ``An Act to designate
certain land as components of the National Wilderness
Preservation System, to authorize certain programs and
activities in the Department of the Interior and the
Department of Agriculture, and for other purposes.''.
Motion Offered by Mr. Rahall
The text of the motion is as follows:
Mr. Rahall moves that the House concur in the amendments of
the Senate.
The SPEAKER pro tempore. Pursuant to House Resolution 280, the motion
shall be debatable for 1 hour equally divided and controlled by the
Chair and ranking minority member of the Committee on Natural
Resources.
The gentleman from West Virginia (Mr. Rahall) and the gentleman from
Washington (Mr. Hastings) each will control 30 minutes.
The Chair recognizes the gentleman from West Virginia.
General Leave
Mr. RAHALL. Mr. Speaker, I ask unanimous consent that all Members may
have 5 legislative days in which to revise and extend their remarks and
include extraneous material on the matter under consideration.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from West Virginia?
There was no objection.
Mr. RAHALL. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, the road leading us here today has been a long one and
it has contained a few twists and turns along the way. As my colleagues
are well aware, a series of procedural hurdles in both the House and
the Senate has delayed enactment of this legislation. It would truly be
a shame, however, to allow those difficulties to overshadow just how
important this bill is.
The Omnibus Public Lands Management Act of 2009 is landmark
legislation. It combines measures that will strengthen the National
Park System, restore our national forests, preserve our Wild and Scenic
Rivers, protect our sacred battlefields, and restore balance to the
management of our public lands.
After nearly a decade during which our parks were taken for granted
and our rangelands were scarred by a spider web of roads and well
pads--after nearly a decade during which responsible stewardship was
abandoned--this omnibus package represents a new dawn. A new dawn for
America's heritage and America's values.
{time} 1230
It will preserve pristine wilderness, such as in my home State of
West Virginia, protect our national monuments and conservation areas,
conserve our free-flowing rivers, establish new park units, guarantee
abundant clean water for thousands of families, and more.
At a time when so much of the news is bad, when so much about our
future seems uncertain, enactment of this public lands bill will serve
as a reminder that our Nation is truly blessed; and that, no matter
what happens, if we pass those blessings on to our children, our Nation
will survive and endure.
One advantage of having considered this package before is that we
have heard all the arguments. We have heard all the arguments against
it, and we know that they have been proven wrong.
For example, we were told that this package costs a great deal of
money. The Congressional Budget Office has made it clear; it does not.
We were told that this is a big Federal land grab; but Members now
understand that this package contains no condemnation nor taking of
land of any kind. We were told this package contained a provision that
would put children in jail for collecting fossils. We know now that
only large commercial companies who take public resources and sell them
for private profit will be penalized.
The truth is, this package of bills will make small but meaningful
improvements in the quality of life for millions of Americans across
our great country. The arguments made by opponents are petty by
comparison. That is why an overwhelming and bipartisan majority of 77
members of the other body and 282 Members of this House have already
voted for this bill.
We have all heard the saying: That which does not kill us makes us
stronger. Attempts to kill this important package have failed, making
our commitment to getting it enacted that much stronger.
The road leading us here has indeed had some twists and turns, but
today we arrive at the end. I urge my colleagues to support H.R. 146
and, finally, send this bill to the President for his signature.
I reserve the balance of my time.
Mr. HASTINGS of Washington. Mr. Speaker, I yield myself such time as
I may consume.
Mr. Speaker, this bill has gone through quite a process. And although
this bill contains several meritorious separate pieces of legislation,
and three parts of this omnibus bill are mine, I might add, the
negatives in this bill and the failure to consider it under regular
order of any kind of open, inclusive process outweigh any reason, in my
mind, to go forward.
By now, it is well known that Republicans have tried to amend this
bill to restore needed House provisions, to remove egregious
provisions, and add protections for Americans' second amendment rights.
If we had been allowed to offer these amendments, we might have
produced legislation almost all Members of the House could support;
however, we have been blocked at every opportunity from participating
in this process.
This package is largely a product of closed-door deal-making. It is
designed to ensure that just enough congressional districts receive
something to induce support for very controversial measures that
underwent no public hearing.
The Democrat leadership likes to argue that the full House has acted
on more than 70 provisions in this bill. What they don't say is that at
least 100 provisions have not been considered by the full House.
Mr. Speaker, this may look familiar to some people. It is a large,
large bill. Of that, only this amount has been considered by the House.
It seems like we haven't learned from what past experience has taught
us about trying to put massive bills through the House without having
somewhat of an open process.
Every motion, procedure, and action of this body has been used to
deny the House Republicans any meaningful participation in this bill.
The House's failure to study these 100 provisions will have serious
consequences, in my view, for an ailing economy.
Before the House rejected this package under suspension of the rules,
our friends on the other side of the aisle argued that this bill is
just what America needs in difficult times. Well, it seems to me the
discussion in this new Congress has been around the economy and the
need for American jobs. And I think that we can all agree that
Americans need jobs. Although H.R. 146 might create a few jobs, these
jobs will be mostly limited to bureaucrats putting up ``Do Not Enter
and No Access'' signs all over America's public lands. And these few
jobs will be far outnumbered by the jobs that would be killed by this
bill.
Are our memories so short that we have forgotten the energy crisis of
just last summer and the role that it played in the economic downturn
that we experienced in the second half of last
[[Page 8725]]
year? Evidently, the Democrat leadership's answer to this is to close
off energy-rich public lands forever.
This package contains 19 provisions to block American-made energy
production, locking away hundreds of millions of barrels of oil and
trillions of cubic feet of natural gas. More than 3 million acres of
public land are permanently locked away from energy development. Now,
these are public lands, in a time when our economy is slowing, in a
time when we need to try to get the economy going, and no sector could
be better I think than the energy sector, especially the American
energy sector; yet, this bill goes the opposite way of what I just
cited.
It is ironic, while Democrat leaders accuse industry of stockpiling
Federal oil and gas leases, the truth is that the Federal Government,
through the actions of the Democrat majority in this Congress, is
stockpiling lands to block energy production.
H.R. 146 has many other problems. It could--and I say ``could''--
result in a ban on the use of vehicles and other technology to patrol
the U.S. border. It bans recreational access to millions of acres of
public lands. Even worse, it denies those dependent on wheelchairs,
including disabled veterans, from fully enjoying public lands like
everyone else. It fails to address a Federal judge's decision of only
last week, when we could have acted on this, that overturned the Bush
administration's regulations to protect second amendment rights in
parks and wildlife refuges. In other words, to make consistent our laws
on public lands. H.R. 146 even hurts civil liberties. It could mean
jail time and asset forfeiture for several innocent actions by
Americans.
Yesterday, we received a letter from a coalition of civil rights
groups, including the American Civil Liberties Union, the Competitive
Enterprise Institute, the National Association of Criminal Defense
Lawyers, and others, who have grave concerns. And I will quote, ``The
bill creates many new Federal crimes using language that is so broad
that the provisions could cover innocent human error.''
These organizations also say, and, again, I am quoting, ``Above all,
we are concerned that a bill containing new Federal crimes, fines and
imprisonment and forfeiture provisions may come to the House floor
without first being marked up by the House Judiciary Committee.''
Mr. Speaker, this bill was not even marked up by the House Natural
Resources Committee. This bill was not marked up by any committee in
the House. This is a bill that came over, again, over 1,100 pages, from
the Senate. So this wasn't even marked up, and it has these provisions
in it.
I just have to ask you, Mr. Speaker, does this sound familiar? None
of the several committees with jurisdiction over this bill had any
hearing on the troubling provisions within this bill.
So, Mr. Speaker, that is not how the people's House ought to work.
This House is the House wherein no Member has ever served that was not
elected. It is the closest to the people. And when we have concerns,
then let's debate those concerns, and let's have a vote. And I
understand how that works. We have three buttons, but I generally only
press two, yes and no; and, whoever has the most votes prevails. But we
have been denied even that basic opportunity in the people's House on
this bill.
The amendments I offered, for example, last night in the Rules
Committee that were rejected, all on a party-line vote, I might add,
were bills that only address the most egregious parts. We had a
discussion with some of the members of the Rules Committee where they
were talking about some of the provisions they worked on were carefully
crafted. In fact, the distinguished chairman mentioned that. And I
totally agree; I know there are provisions that have been crafted. But
for those provisions in the bill that have some dissension, some
difference of opinion, then let's discuss that, and then we can have a
vote and whichever side prevails, prevails. That is the way the
people's House ought to work. But, once again, that process is being
denied with this huge bill that is slightly larger, I think, than the
stimulus bill, if you want to make some sort of a comparison. But here
we are again, today, going through that same procedure.
So with that, Mr. Speaker, while there are three provisions in this
bill that I have worked several Congresses on, I have to say that this
bill on the whole is not worthy of my support, and I urge my colleagues
to vote ``no.''
I reserve the balance of my time.
Mr. RAHALL. Mr. Speaker, I am happy to yield 1 minute to the
gentleman from Pennsylvania (Mr. Altmire) who has helped us craft some
language in the bill that is supported by the National Rifle
Association.
Mr. ALTMIRE. I thank the gentleman, and I rise today in support of
the public lands bill which includes my amendment to protect the rights
of our Nation's sportsmen. The language that I worked to include in
today's bill is a hard-fought victory for sportsmen and the
preservation of their access to public lands.
Within the three main sections of this bill, those related to the
National landscape conservation system, rivers, and trails, and
heritage areas, protections are included to ensure sportsmen are able
to hunt, fish, and trap on millions of acres of public lands. These
protections and my amendment are strongly supported by the National
Rifle Association.
And as an unwavering supporter of the second amendment, I share the
concerns of Mr. Hastings, Mr. Bishop, and others, about the recent
district court decision limiting the ability of citizens to carry
concealed weapons in national parks. However, that decision does not in
any way relate to my amendment, and it certainly doesn't create a
loophole. I agree that the right-to-carry issue is vitally important,
but it is a separate issue based on a court ruling that took place
after this bill was finalized. I look forward to working closely with
Mr. Hastings and Mr. Bishop to address this important issue through a
more appropriate legislative vehicle.
Today's action by the House protects the rights of our Nation's
sportsmen and their ability to hunt, fish, and trap on millions of
acres of public land. The language that I worked to include makes it
clear that the fundamental rights are protected, and I ask my
colleagues to support this bill.
Mr. HASTINGS of Washington. Mr. Speaker, before I yield to the
gentleman from California, I yield myself 15 seconds to simply say that
the NRA does not endorse this bill. The NRA endorsed the gentleman's
amendment that he offered 2 weeks ago, but it does not endorse this
bill.
National Rifle Association of America, Institute for
Legislation Action,
Fairfax, VA, March 10, 2009.
Hon. Nancy Pelosi,
Speaker, House of Representatives, H-232, The Capitol,
Washington, DC.
Hon. John Boehner,
Republican Leader, House of Representatives, H-204, The
Capitol, Washington, DC.
Dear Speaker Pelosi and Leader Boehner, on behalf of the
National Rifle Association, I am writing to express our
support for the Altmire amendment to S. 22, the Omnibus
Public Land Management Act of 2009. The Altmire amendment
would ensure that the provisions of S. 22 will not be used to
close lands that are currently open to hunting, fishing,
trapping, target shooting and other forms of traditional
recreation. In addition, the amendment clarifies that the
states retain the authority to manage resident fish and
wildlife.
Encroaching development and the increasing population
demand for open space has resulted the closure of federal
lands that were once open to traditional forms of recreation,
such as hunting and target shooting. Whether it is the
closure of a trail that served as the access point for a
generations-old hunting camp or the closure of large areas to
target shooting, the sportsman's way of life has been under
attack. There are those who would exacerbate this situation
by attempting to use land designations to further close
federal lands to sportsmen. This is why the Altmire amendment
is necessary.
The Altmire amendment has already been applied to the
National Landscape Conservation System Act within S. 22. It
is critical to extend this protection for sportsmen to other
areas of the bill, specifically Titles V and VIII pertaining
to Rivers and Trails and National Heritage Areas,
respectively. This is precisely what the Altmire amendment
would do.
While the NRA takes no position on S. 22 as a whole, the
meaningful protections provided by the Altmire amendment are
critical
[[Page 8726]]
to preserve access for sportsmen and the authority of the
states to manage resident wildlife populations. For these
reasons, we support its inclusion in S. 22.
Should you have any questions or need additional
information, please do not hesitate to contact me directly at
(202) 651-2560.
Sincerely,
Chris W. Cox,
Executive Director NRA-ILA.
Mr. Speaker, I am pleased to yield 5 minutes to the gentleman from
California (Mr. McClintock), a new Member, and a new member of the
Resources Committee.
Mr. McCLINTOCK. I thank the gentleman for yielding.
Mr. Speaker, Abraham Lincoln once told of a farmer who said, ``I
ain't greedy for land. All I want is what is next to mine.'' I think
our Federal Government is starting to resemble that farmer.
H.R. 146 is a massive land grab that would literally put more land in
the United States into wilderness designation than we currently have
actually developed from coast to coast. That pretty much means no human
activities other than walking through it--as long as you don't touch
anything. So I have to ask a question, when is enough enough?
The Federal Government already owns nearly 650 million acres of land.
That is 30 percent of the entire land area of the United States. It
owns 45 percent of my home State of California. Now, compare that to
the District of Columbia, Washington, D.C., the Federal Capital, the
home to every agency in our vast Federal bureaucracy. The Federal
Government owns only 25 percent of the District of Columbia.
The bill is estimated to cost about $10 billion, not only to pay for
this land grab but for all of the other bells and whistles that are
attached to it. That includes congressional earmarks like $3.5 million
to celebrate the birthday of St. Augustine, Florida, and $250,000 to
decide--to decide--what we are going to do with Alexander Hamilton's
boyhood home in the Virgin Islands.
Now, $1 billion of the $10 billion of this bill is for salmon
population restoration on the San Joaquin River in California, with the
stated objective of establishing a population of at least 500 salmon.
{time} 1245
Five hundred salmon. One billion dollars.
Mr. Speaker, that comes to $2 million per fish. And that is without
accounting for all of the costs that will be incurred by central valley
farmers as water that is already in critically short supply is diverted
to this project.
Overall, this bill spends $10 billion of people's earnings. In real
world numbers, that means about $130 from an average family of four
through their taxes. I'm afraid that the mega-spending by this
administration has begun to desensitize us to figures that are under $1
trillion. But let's try to put this $10 billion in perspective. The
National Park Service reports a maintenance backlog of $9 billion on
the land we already own. So, we can't take care of the land we already
have, but we are going to spend $10 billion on acquiring additional
land that we can't take care of.
This bill withdraws 3 million acres of land from energy leasing. Just
from reserves that we know about, that is going to cost the American
economy 330 million barrels of oil and 9 trillion cubic feet of natural
gas in Wyoming alone.
I was particularly struck by a provision that allows the Federal
Government to condemn private property where fossils are found. So if
you find a fossil in your backyard, Mother and Father America, be very
careful. You will be well advised to keep it a secret. Under this bill,
such a discovery could cost you your property.
This bill also means new restrictions on BLM lands. Now these public
lands currently contribute to our Nation's economy by providing
multiple uses such as farming, ranching, timber harvesting and offroad
vehicle recreation, all for the broader public good. I have an awful
lot of land in my district that is under Federal jurisdiction and under
BLM management, and the constant complaints that I get from the public
are not that there is too much access to public lands, but that there
is too little access and too many restrictions to those lands. This
bill codifies the National Landscape Conservation System, which means
less public access and more restrictions on the public's use of the
public's land.
So I ask again, when is enough enough? The preservation of public
land is not an end in itself. It is a means to an end, that end being
the public good. And the public good is not served by the mindless and
endless acquisition of property at the expense of the sustainable use
of our natural resources, the responsible stewardship of our public
lands and the freedom and property rights of our citizens.
National Rifle Association of America, Institute for
Legislative Action,
Fairfax, VA, March 10, 2009.
Hon. Nancy Pelosi,
Speaker, House of Representatives, Washington, DC.
Hon. John Boehner,
Republican Leader, House of Representatives, Washington, DC.
Dear Speaker Pelosi and Leader Boehner: On behalf of the
National Rifle Association, I am writing to express our
support for the Altmire amendment to S. 22, the Omnibus
Public Land Management Act of 2009. The Altmire amendment
would ensure that the provisions of S. 22 will not be used to
close lands that are currently open to hunting, fishing,
trapping, target shooting and other forms of traditional
recreation. In addition, the amendment clarifies that the
states retain the authority to manage resident fish and
wildlife.
Encroaching development and the increasing population
demand for open space has resulted the closure of federal
lands that were once open to traditional forms of recreation,
such as hunting and target shooting. Whether it is the
closure of a trail that served as the access point for a
generations-old hunting camp or the closure of large areas to
target shooting, the sportsman's way of life has been under
attack. There are those who would exacerbate this situation
by attempting to use land designations to further close
federal lands to sportsmen. This is why the Altmire amendment
is necessary.
The Altmire amendment has already been applied to the
National Landscape Conservation System Act within S. 22. It
is critical to extend this protection for sportsmen to other
areas of the bill, specifically Titles V and VIII pertaining
to Rivers and Trails and National Heritage Areas,
respectively. This is precisely what the Altmire amendment
would do.
While the NRA takes no position on S. 22 as a whole, the
meaningful protections provided by the Altmire amendment are
critical to preserve access for sportsmen and the authority
of the states to manage resident wildlife populations. For
these reasons, we support its inclusion in S. 22.
Should you have any questions or need additional
information, please do not hesitate to contact me directly at
(202) 651-2560.
Sincerely,
Chris W. Cox,
Executive Director, NRA-ILA.
Mr. RAHALL. Mr. Speaker, I am forced to yield myself 30 seconds to
respond to the total inaccuracies just stated by the gentleman.
First of all, the fossil collection measure in this bill applies only
to public lands, no private lands whatsoever. And if the gentleman had
heard my opening statement or even seen what the Senate passed, he
would recognize--that the other body passed--he would recognize that
the casual collector of fossils is exempt from this legislation. It
only applies to those who are in the professional collection of fossils
on public lands once again.
In regard to the locking away of land from oil and gas developments,
what you are going to keep hearing throughout today from the other side
is that old mantra ``drill, baby, drill'' that we are hearing over and
over and again, and they just don't get it anymore.
I am glad to yield 2 minutes to the gentleman from New Jersey (Mr.
Pascrell).
Mr. PASCRELL. Mr. Speaker, I proudly rise today in strong support of
H.R. 146, a bipartisan piece of legislation that will do wonders for
conservation and historic preservation across the United States. If
one, Mr. Speaker, were to add up all the hours that were devoted to
each part of this legislation in the House and the Senate, it would
minimize basically what I just heard from the other side, over 100
hours of debate on these bills separately. And now we are bringing them
together in one omnibus public land management bill.
[[Page 8727]]
This bill includes the Paterson Great Falls National Park Act. It was
originally introduced in the 109th Congress and passed the House in
October of 2007, like many of these other bills that are part of this
omnibus bill, which is a bipartisan piece of legislation.
As a lifelong Paterson resident and the city's former mayor, I have
fought for many years to bring recognition to the site that has played
such a seminal role in American history. Alexander Hamilton knew what
he was doing, because it became the gateway to industry in this country
so that immigrants could come here, go to work and build the greatest
country in the world.
With a National Park designation, the Great Falls will be transformed
into an attraction for visitors and Patersonians alike that could lead
to the economic revitalization of Paterson, joining together of public
and private investment. Isn't that what we are here for?
As soon as President Obama signs this bill into law, Federal
resources will be leveraged to revitalize the Great Falls area,
refurbish the beautiful historic mill buildings, maintain and protect
the waterfalls, and create a living reminder of our Nation's rich
industrial history. I'm proud and thankful that Congress and the
President fully recognize the vision of Hamilton, the design of
L'Enfant, and the cultural and historic landmarks that have shaped
America's history.
The SPEAKER pro tempore (Mr. Altmire). The time of the gentleman has
expired.
Mr. RAHALL. I yield the gentleman 30 additional seconds.
Mr. PASCRELL. After this bill is signed into law, I would be honored
to have my colleagues visit the Great Falls where they can all see
firsthand the value that urban parks bring to the National Park System
and to the local communities.
I want to thank Speaker Pelosi, Chairman Rahall and Chairman Grijalva
for bringing this bill to the floor. I urge my colleagues to vote
``yes.''
I think, Mr. Chairman, when we are involved more in substance rather
than process, we get a lot done in the House of Representatives.
Mr. HASTINGS of Washington. Mr. Speaker, how much time remains on
both sides?
The SPEAKER pro tempore. The gentleman has 16\3/4\ minutes. The
gentleman from West Virginia has 22\1/2\ minutes remaining.
Mr. HASTINGS of Washington. Mr. Speaker, I am pleased to yield 3\1/2\
minutes to the gentleman from Georgia, a member of the Natural
Resources Committee, Mr. Broun.
Mr. BROUN of Georgia. As Members of Congress, we have taken an oath
to uphold the U.S. Constitution. Today's vote on the omnibus lands bill
is a vote on the right to own private property and on the second
amendment right of law-abiding citizens to have and use firearms. The
fifth amendment concludes with these words ``nor be deprived of life,
liberty or property without due process of law; nor shall private
property be taken for public use without just compensation.''
Our Nation is facing an economic crisis today. Yet Democrats are
forcing this Chamber to rush through a bill that will increase
government spending by as much as $10 billion. The Federal Government
already owns over 650 million acres of land that they can't take care
of. The National Park Service alone faces a backlog of $9 billion worth
of projects that need to be funded.
If S. 22 passes, there will be more wilderness areas in the United
States than the total developed land, 109-plus million acres versus
108.1 million acres. We should not be permanently locking up tens of
millions of acres of the people's land.
The second amendment rights of law-abiding citizens to have firearms
and use firearms are also in danger today. The second amendment to the
U.S. Constitution declares that ``a well regulated militia being
necessary to the security of a free state, the right of the people to
keep and bear arms shall not be infringed.'' Last week, Democratic
leaders in the House and the Senate added the Altmire amendment to the
omnibus lands bill to prevent the Federal Government from banning
hunting and fishing on certain types of Federal land.
At the time this amendment was added, the right of Americans to carry
concealed firearms on park lands and wildlife refuges, in accordance
with State law, was already recognized in Federal regulations. However,
last Thursday, a U.S. District Court judge single-handedly decided to
block this right. And it was an unconstitutional decision by this
judge. Now there is a giant hole in the current Altmire language, and
Congress should fix it. Congress must not allow one Federal judge to
single-handedly deny Americans their second amendment rights on Federal
lands.
My colleagues Mr. Hastings and Mr. Bishop introduced an amendment to
this bill that would write into law the very protections struck down by
this one Federal judge. Unfortunately, Democratic leadership would not
allow a vote on this amendment that would repair the massive void in
the current Altmire language. The omnibus lands bill was the best place
to fix what this one Federal judge in Washington, D.C., has done, but
we won't even be allowed a vote today.
It is not the role of the Federal Government to hoard massive amounts
of land. And it is not the role to take away law-abiding citizens'
second amendment rights.
Protect the fifth amendment. Protect the second amendment. Vote
``no'' on S. 22.
Mr. RAHALL. Mr. Speaker, many Members on the minority side have been
helping us with this legislation. I now am pleased to recognize one
such Member, the gentleman from California (Mr. McKeon), for 2 minutes.
Mr. McKEON. Mr. Speaker, I thank the chairman for the time and for
his leadership in bringing this important bill to the floor.
I rise in strong support of the omnibus lands bill, which includes my
legislation, the Eastern Sierra and Northern San Gabriel Mountains Wild
Heritage Act, about which I'm going to speak. I have the great
privilege of representing one of the most rugged and beautiful areas of
the country, including the vast Eastern Sierras of California
represented in a few of the pictures that I have here.
My district is also one of the largest in the country, with over 95
percent of the land in Mono and Inyo Counties owned and managed by the
Federal Government. We need land for recreation, hunting and fishing.
We need land for mining. We need some land protected as wilderness.
But, most importantly, we need commonsense, locally driven solutions to
land use.
This legislation is a product of countless hours of community
involvement between Senator Boxer and I working together with virtually
every local stakeholder, county official, local sportsman and
recreational advocate, BLM and Forest Service. We also presented the
legislation directly to the public through county hearings.
Specifically, this legislation would designate over 470,000 acres of
wilderness in the Eastern Sierras of Mono and Inyo Counties and the San
Gabriel Mountains north of Los Angeles. While many of these areas are
already successfully protected from many destructive human activities
by the management plans of the Forest Service and BLM, I feel strongly
that these areas should have a higher level of protection.
In addition, my legislation strikes that important land use balance
and releases over 50,000 acres of Wilderness Study Areas from further
consideration as wilderness. Finally, my legislation creates the first
ever dedicated winter recreation area, 11,000 acres for snowmobile use
which will bring much-needed tourism to the community of Bridgeport in
northern Mono County.
This is a locally driven, practical solution to the many land uses in
my district. This isn't Congress telling my district how to manage our
land. This is my community, my constituents asking Congress to approve
a land use compromise developed and vetted back home in California.
I strongly urge a ``yes'' vote.
Mr. HASTINGS of Washington. Mr. Speaker, the last time I inquired
about
[[Page 8728]]
time there was a disparity. So I think I will reserve my time until we
catch up.
Mr. RAHALL. Mr. Speaker, I am glad to yield 2 minutes to the
gentleman from Colorado (Mr. Salazar), who has been very instrumental
in crafting this legislation.
Mr. SALAZAR. I would like to thank Chairman Rahall and Chairman
Grijalva for all their hard work on this Omnibus Public Lands
Management Act. The public lands package includes five bills critical
to my district in western and southern Colorado, and we have been
working on this ever since day one that I got here to Congress.
The Jackson Gulch project supplies water to the town of Mancos, the
Mancos Water Conservancy District, the Mancos Rural Water Company, and
it is the sole supplier of municipal water for Mesa Verde National
Park. The project provides irrigation water for over 13,000 areas.
The Baca Wildlife Refuge Management Act will amend the Great Sand
Dunes National Park and Preservation Act of 2000 to explain the purpose
and provide for the administration of the Baca National Wildlife
Refuge.
This legislation defines the purpose of the refuge ``to restore,
enhance, and maintain wetlands, upland, riparian and other habitats for
native wildlife, plant and fish species in the San Luis Valley.''
The Sangre de Cristo National Heritage Area will designate a national
heritage area in Conejos, Costilla and Alamosa Counties. It will bring
deserved attention to the rich culture, heritage and landscape of the
San Luis Valley.
The Arkansas Valley Conduit will establish a 65 percent Federal cost
share for the construction of the conduit, a proposed 130-mile water
delivery system from Pueblo Dam to communities throughout the Arkansas
River Valley. Generations of people in southeast Colorado have waited
long enough for clean and safe drinking water.
The Dominguez-Escalante National Conservation Area will conserve
water and land resources in approximately 210,000 acres of federally
owned land on the Uncompahgre Plateau in lands in Montrose, Delta and
Mesa Counties.
{time} 1300
Mr. Speaker, this is actually one of the proudest days of my
legislative career. I worked side by side with my younger brother, the
now Secretary of the Interior, when he was in the Senate, Ken Salazar,
for the past 4 years to make these efforts a reality. This will help
protect Colorado's land, water, and natural beauty for generations to
come. I want to thank the chairman once again and thank you, Mr.
Speaker.
Mr. HASTINGS of Washington. Mr. Speaker, once again can I inquire of
the time on both sides.
The SPEAKER pro tempore. The gentleman from Washington has 13\1/4\
minutes. The gentleman from West Virginia has 18\1/2\ minutes
remaining.
Mr. HASTINGS of Washington. Mr. Speaker, I will reserve my time again
so we can equalize the time.
Mr. RAHALL. Mr. Speaker, I am very happy to yield 2 minutes to the
gentleman from Oregon (Mr. Wu), who has been very helpful to us as well
on this legislation.
Mr. WU. Thank you, Mr. Chairman.
Mr. Speaker, I rise today to express my strong support for H.R. 146,
The Omnibus Public Land Management Act of 2009. This legislation
includes many important provisions that will protect and preserve
America's public land heritage. It is a compilation of bills that
enjoys broad bipartisan support in both Chambers of Congress, and I
hope that the majority of the House will see fit to pass this omnibus
legislation today.
Included in this package are several bills that highlight my home
State of Oregon's scenic and ecological diversity, including the
salmon-producing Coast Range waters of the Elk River in southeastern
Oregon, the high desert badlands near Bend, the prairies overlooking
the John Day River in central Oregon, and the high alpine forests of
the Siskiyous.
One provision of particular importance to me adds additional land
protections within the Columbia River Gorge, which I and many other
Oregonians consider the crown jewel of Oregon's natural heritage. The
Gorge Face wilderness additions reflect the continued commitment of
this Congress to keep this remarkable area safe from inappropriate
development.
I would also like to voice my support for the provisions that will
protect nearly 127,000 acres around Mount Hood and almost 80 miles on
nine free-flowing stretches of river, as well as create a 34,550-acre
National Recreation Area. Mount Hood is one of the enduring symbols of
Oregon's love of the outdoors, and this bill is an important signal to
future generations that we wish to continue providing opportunities to
enjoy all that nature has to give.
In these tough economic times, the protection of these natural spaces
also supports Oregon's economy. Oregon's vibrant outdoor recreation
industry supplies 73,000 jobs, and it injects almost $6 billion
annually into Oregon's economy.
Mr. Speaker, I would like to reiterate my strong support for H.R.
146.
Mr. RAHALL. Mr. Speaker, I am very happy to yield now to the
gentleman from Arizona, the chairman of our Parks Subcommittee, who has
undergone this tortuous path with us all the way, the gentleman from
Arizona, the Park Subcommittee Chair, Mr. Grijalva, 3 minutes.
Mr. GRIJALVA. Mr. Speaker, I think to some extent we need to set the
record straight about this legislation. We need to be clear that this
bill is about conservation and preservation of our public lands. It's
about improving our water supplies in the West. It's about improving
the health of our forests and creating economic opportunities for rural
communities.
This legislation will also establish a new national park unit,
conserve wild and scenic rivers, protect historic American battlefields
where brave patriots fought and died for this Nation, and establish
miles of new hiking trails and much, much more.
Bills in this package will give families places to enjoy, to enjoy
outdoor recreation; it will preserve our history so the children can
learn the story of America on field trips. It will protect rivers for
boaters and anglers so they can enjoy it themselves.
H.R. 146 is wildly popular, both among a large bipartisan majority of
the Members of Congress and among the American people. In fact, this
package is so popular that those that oppose new parks, those who think
protecting rivers and trails is not a good use of our time, are placed
in a very difficult position. They have no choice but to try to insert
issues in this debate that simply don't belong in this debate.
This is not about guns. The Court ruling that has become the crucible
of discussion with this legislation regarding the second amendment,
that ruling, and let me quote from it, from the judge's order,
``Because the Court finds that the final rule which was rushed by the
Bush administration on their way out the door, is a product of
Defendant's astoundingly flawed process, the Court holds that the
Plaintiffs are highly likely to prevail on the merits of their NEPA
claims. Accordingly, the Court expresses no views on the merits of any
laws or regulations related to concealed weapons or firearms
generally.''
This was a ruling on a flawed process, on a process that ignored
public input, that ignored transparency, and that's why that rule by
the Bush administration was enjoined. It was not enjoined on the merits
of the concealed weapon issue that time and time again is brought up as
the ruling itself.
This bill is not about locking anything up or locking anybody out. I
am told that during debate on the measure in the Rules Committee
yesterday, opponents of this bill took more time talking about AIG than
they did about parks and forests.
The truth is, this package of bills is as popular as mom, as apple
pie, and I do not envy those few Members who have to come to the House
floor today and manufacture reasons to oppose it. But let's be clear.
These arguments are manufactured and should not be given any weight.
[[Page 8729]]
This legislation is good for the land, it's good for our Nation, and
our children, and our grandchildren. They will all thank us later for
passing this legislation.
Mr. Speaker, after a long, dark period where protection of our
natural and cultural resources was ignored, today we can change that. I
urge passage of H.R. 146.
Mr. HASTINGS of Washington. Mr. Speaker, I am pleased to yield 4
minutes to the gentleman from Texas (Mr. Gohmert), a member of the
Natural Resources Committee.
Mr. GOHMERT. Mr. Speaker, there are some good provisions in this
bill. There have been hearings on 70 out of 170 provisions in the House
and this Congress. But our esteemed and fine chairman of the committee
said the arguments against this bill, in his word, are petty.
I guess when you spend $1.68 trillion, whatever we have spent already
in the last few months, $10 billion can seem like petty cash. You know,
10 billion here, there. I understand it can seem like petty. But that
is an argument. This is $10 billion without hearings in this House over
100 of these provisions on whether they will help the economy.
You know, we heard over and over that people are losing jobs every
day. Let's do something about it. And in the meantime, we're going to
go spend $10 billion in this bill; don't know that it will help the
economy. Maybe eventually.
Well, how about the people that are out of work right now? How about
the people that might be able to utilize some areas that won't be able
to now for certain purposes?
Or like energy, for example. Oh, yes, has anybody noticed the price
of gasoline is going up again, just like everybody expected it to go
up. And it will go up more and more as we approach the summer.
And what is happening, what are we doing in this sensitive body that
we have here in Congress? We are going to put more of it off limits,
more of it off limits at a time when the price is going up, the economy
is struggling, people are losing jobs, people are having their pay cut,
people are allowing their pay to be cut so others don't lose their
jobs.
And what are we going to do to help? By golly, we are going to put
some more land off limits so we can't get the energy and help ourselves
in this country.
I was talking to some people from China not long ago. And the way
they look at things, they don't look at just, you know, 10 years, 100
years, they look way down the road. And as we have seen in this body,
for example, last week, we just looked at what's popular today. Gee,
let's have a 90 percent tax on bonuses that we should not have ever
allowed in the first place if people had done what I asked and read the
stinking bills before we rushed in and passed them. But I digress.
Sometimes we just look at 1 day. They look way down the road. And it
was interesting to me, these individuals said, we know what the United
States is doing. You keep putting your energy off limits, more and more
of it. We know what you're doing. You're smart. You're smarter than
somebody gives the United States credit for, they said, because we know
what you're doing. You keep putting your energy off limits, knowing
that other countries will use up all of the rest of the resources in
the world, and then you'll be the only country with those resources,
and you'll be able to maintain your status as the one superpower in the
world because you've got all the resources. You were smart enough to
hold them and wait to use them until after everybody else exhausted
theirs. And I wished I could say, ``You're right; we see that far down
the road in this Congress.'' But it's not true. We keep hurting
ourselves at the worst possible time.
So with this big bill here, Mr. Speaker, 100 provisions out of the
170 that didn't get a hearing in the House, we need to practice, and we
can start now. I'm shocked. I'm outraged. I'm outraged and I'm shocked.
I'm shocked and outraged, because once people start finding out what's
in the bill, what all provisions didn't get a hearing that could have
been tweaked to avoid the outrages that will come, we'll need to have
people saying this to save their jobs. Some may be comforted that the
Senate has had Senators--and I don't know if Senator Dodd examined all
the language to make sure it was perfect, but I'm sure some Senators
did. But get ready to say you're shocked and outraged.
Mr. RAHALL. You forgot ``drill, baby, drill.''
Mr. Speaker, I yield 1 minute to the gentleman from Washington (Mr.
Baird) for a colloquy.
Mr. BAIRD. Mr. Chairman, thank you for the opportunity to highlight
the NOAA Underseas Research Program Act which is included in this bill,
and establishes an important and proven system of undersea research
techniques.
The language in the present legislation does not specifically mention
the Aquarius Undersea Laboratory, and I would like to recognize the
crucial and cutting-edge work done at Aquarius, and I want to mention
for the record it is owned by NOAA. Therefore, I wish to clarify that
whenever the legislation we are considering mentions the extramural
centers and the National Institute for Science and Technology, it is
understood that Aquarius is included.
In closing, I wish to commend the staff at Aquarius for the critical
work they have done, and I wish to express my support for their
continued research.
Mr. RAHALL. Mr. Speaker, I commend the gentleman from Washington for
recognizing the scientific contributions made by Aquarius, and I thank
them for supporting the provisions in the underlying legislation that
will promote the development of future innovations in undersea research
technologies.
Mr. HASTINGS of Washington. Mr. Speaker, again, to equalize the time,
I will reserve my time.
Mr. RAHALL. I yield 1 minute to the gentleman from New Jersey (Mr.
Holt).
Mr. HOLT. Mr. Speaker, I thank the Chair of the Committee on Natural
Resources.
This bill is the kind of bill that I love. I am especially pleased
that we could preserve New Jersey's heritage as one of the leaders of
the industrial revolution by giving the American public the Paterson
Great Falls National Historic Park and the Edison National Historic
Park. And I thank Chairman Rahall for bringing the bill along.
When I introduced this H.R. 146, little did I suspect that my bill to
protect the battlefields of the American Revolution and the War of 1812
would grow to 1,300 pages and attract so much attention. But I am
pleased that my bill to protect the battlefields of the American
Revolution and the War of 1812 has been used as a vehicle to bring this
important lands bill through the legislative process. However, I regret
that my language to protect the battlefields of the American Revolution
and the War of 1812 has vanished.
And so, I am here to ask the chairman of the Committee on Natural
Resources if I may have his assurances that he will assist me in moving
this noncontroversial legislation to protect the battlefields of the
War of 1812 and the American Revolution expeditiously.
{time} 1315
Mr. RAHALL. Will the gentleman yield?
Mr. HOLT. I will yield.
Mr. RAHALL. I thank the gentleman from New Jersey for his patience
and willingness to work with us, and I pledge to work with him to move
H.R. 1694 quickly and to work towards its passage in the other body in
the near future.
Mr. HASTINGS of Washington. I continue to reserve the balance of my
time.
Mr. RAHALL. Mr. Speaker, I am very honored to yield 1\1/2\ minutes to
the distinguished subcommittee chair on our Committee on Natural
Resources, the Chair of the Water Resources Subcommittee, the
gentlewoman from California (Mrs. Napolitano).
Mrs. NAPOLITANO. Mr. Speaker, the Public Land Management Act includes
[[Page 8730]]
30 separate water bills that my subcommittee passed/approved with the
Bureau of Reclamation, the USGS and, of course with the 17 Western
States on water environment.
It authorizes conservation, water-use efficiencies and title XVI
water recycling projects, addressing the aging infrastructure in the
United States' 17 Western States, and allowing for the feasibility
studies of many of those much needed water projects.
The West, of course, is having an unprecedented drought, and this
will help not only to bring up those shovel-ready projects that will
bring 500,000 acre-feet of water and thousands of jobs for the
reclaimed reuse water and added storage capacity, but this will lessen
a lot of the areas' reliance on costly water and unreliable sources.
We urge your vote, and hope that we will be successful in being able
to get those shovel-ready projects to develop those jobs.
Mr. HASTINGS of Washington. Mr. Speaker, I continue to reserve the
balance of my time.
Mr. RAHALL. Mr. Speaker, I am very honored to yield 1 minute to a new
member of our committee who is from the State of New Mexico (Mr.
Heinrich).
Mr. HEINRICH. Mr. Speaker, I certainly stand in strong support of
this legislation because of its importance to the New Mexico families
that I represent.
The Rio Grande has been the lifeblood of our community in New Mexico
for thousands of years, and for the Pueblo of Sandia, this bill will
certainly make possible much needed investments in their water
infrastructure and vital agricultural irrigation systems.
Further south along the Rio Grande, this bill will clarify ownership
of Tingley Beach in Albuquerque, a historical gathering spot that has
been revitalized into a popular zoo, a biopark, an aquarium, and
numerous fishing ponds open to the public.
From east to west, this bill will reauthorize the Route 66 Corridor
program, which is essential to preserving the historical character and
vibrancy of our beloved Central Avenue in Albuquerque.
These improvements, along with protecting the incredible piece of New
Mexico that is the Sabinoso Wilderness, will protect critical resources
for New Mexican families. I urge all of my colleagues to support this
legislation.
Mr. HASTINGS of Washington. Mr. Speaker, I continue to reserve the
balance of my time.
The SPEAKER pro tempore. The time is equal on both sides. There are
9\1/4\ minutes remaining for the gentleman from Washington, and there
are 9\1/2\ minutes remaining for the gentleman from West Virginia.
Mr. RAHALL. Mr. Speaker, I yield 2 minutes to the gentlewoman from
Pennsylvania (Mrs. Dahlkemper).
Mrs. DAHLKEMPER. Mr. Speaker, I rise today to express my strong
support for H.R. 146, a bill that will set aside millions of acres of
public wilderness and that will create more than 1,000 miles of scenic
river designations. This will provide recreation for millions of
Americans while supporting the communities and industries that depend
upon these precious resources.
I would also like to express my support for the amendment included by
my good friend and fellow Pennsylvanian (Mr. Altmire). In our home
State of Pennsylvania, we believe that the second amendment is not only
a right but a way of life. Hunting and fishing are important American
outdoor traditions that have been passed down from generation to
generation. Therefore, we have an obligation not only to defend our
God-given right to self-defense but to protect against any encroachment
on the rights of our sportsmen and -women. Therefore, I am proud to
stand in support of Mr. Altmire's amendment, which will ensure that
lands currently open to hunting, fishing, trapping, target shooting,
and other forms of traditional recreation are protected.
In Congress, I will continue to stand in support of this second
amendment, a fundamental right guaranteed in the Constitution.
Furthermore, I will continue to oppose reductions in Federal hunting
acreage, and will fight to ensure that opportunities for hunting and
sport are maintained.
I urge my colleagues to vote in favor of H.R. 146 with the addition
of Mr. Altmire's amendment in defense of the U.S. Constitution.
Mr. HASTINGS of Washington. Mr. Speaker, I am pleased to yield 6
minutes to the gentleman from Utah, a member of the Natural Resources
Committee (Mr. Bishop).
Mr. BISHOP of Utah. Mr. Speaker, I suppose it is a sense of poetic
irony that Mr. Holt's language was removed when you amended his bill. I
hope you can fix that at some time.
You have a pattern of individuals coming down here, speaking of good
parts to this bill. There are good parts to this bill. I actually have
two measures in here that, I think, are good to this bill, but it
doesn't cover up the fact that, within that, there are some problems in
this particular bill.
It does not cover up the fact that there are heritage areas when the
Department of the Interior specifically asked us to wait until they
could come up with rules on what heritage areas should be and how they
should be constituted, because the way we are doing it right now is
chaotic. There are elements in here that create national parks which I
will visit when they include a baseball stadium, and not until.
Those national parks were actually rejected by the Park Service
because they have enough of this generic portion. It did not meet the
standards. It was expensive. Even though at one time they said that
they might be comfortable with it, last night, in talking to a
reporter, they once again stood by that analysis of that park,
especially when we have $9 billion of needs in the rest of the National
Park System that is yet to be met. I reject it when, in fact, some
judge includes the fact that 8 months of study and of public input is
not long enough or that NEPA actually has more importance than the
second amendment.
I actually want to speak a little bit differently right now. I want
to explain to my good friends who live east of the Rocky Mountains why
I feel so passionate about this particular bill.
This is a map of the United States, and everything that is colored in
red is owned by the Federal Government. You will notice it is all
concentrated in the West. Even though most of our forest land is in the
East, the Forest Service land is all in the West.
Does this make a difference to people? In a way, I think it does
because this map illustrates the difference in education.
The States in red are the States that are having the most difficult
time raising money to fund their own public education system. As you
know, there is a strong correlation between the amount of public land
and the difficulty in funding education. In Utah, it is a common
statement. We will always simply say: The reason we are having such a
hard time in funding education is we do not control enough of our land.
If the Federal Government even paid at the lowest tax rate for the
land that it owns in the State of Utah, that would be $116 million
every year. That does not count government funding; it is just for the
education portion--$116 million that we would get every year. When
decisions are made in the Department of the Interior that take leases
off the land, that is a $3 million cut to education in the State of
Utah, not only counting the State trust lands that develop money for
education but above those lands that now become sterile at the same
time.
The New York Times recently wrote an article in which they compared a
school district in Utah and one in Wyoming, across the border. The one
in Wyoming is awash with money, and will get more money in the stimulus
package than the district in Utah. They said: Well, that is simply an
anomaly of the distribution formulas that we use. I really don't care
about the distribution formula. The amount of Federal money that goes
to education in Utah only rates at about 7 percent. What is significant
is why the State of Utah has less money to begin with, and it goes back
to the issue of resources.
This chart shows you the difference in teachers' salaries between the
two
[[Page 8731]]
States of Wyoming and Montana. Wyoming starts their teachers at $20,000
a year higher than Montana's. Why? Because Wyoming is much more
aggressive at the way they develop their resources. Even though this
particular bill, once again, takes resource land off the table in
Wyoming, threatening them, acknowledged by the chairman who says it is
not a problem, it could, indeed, be a problem, but for us in Utah,
well, this is a problem that we still face.
This is the State of Utah. Everything that is a color is owned by the
Federal Government. Now, this is the problem that we simply have. The
problem we simply have is that two of the three most important
decisions recently made by the Interior Department also affect the
resources that are in Utah that we need desperately to fund our
education system, but when you create more wild and scenic areas in the
West, you make it much more difficult for us to fund our education
system. When you create more wild and scenic areas in the East, you cut
into the PILT money that goes into the West, which is necessary to fund
our education system.
We have yet to discuss the fundamental issue of the role of Federal
ownership of this land--if it is, indeed, appropriate, if it is right,
if it should be more or if it should be less or if it should be
balanced between the West and the East.
I'm sorry for my experience in the legislature in Utah. We have
difficulties in Utah in being able to fund our roads and to pay for our
colleges and to pay for our public education, and it goes back to this
basic fact: We are not just creating nice, pretty vistas again. We have
an ancillary harm that takes place to real kids. I'm sorry, Mr.
Speaker. My kids in Utah are more important to me than a park that is
created that the National Park Service does not want. It is more
important to me than a wild and scenic river that is created when it
violates the standards of the Wild and Scenic River Act. My kids are
more important to me than heritage areas that are chaotically done
because my kids' future is harmed by these decisions. Even though those
who create these decisions are well-intentioned and well-meaning, my
kids' decisions and my kids' futures are still controlled by what
Nelson Rockefeller used to say is the deadening hand of bureaucracy.
I realize that this particular bill has had more procedural twists
than Lombard Street, but at the same time, there are many provisions in
this bill that would easily pass if they stood alone, and there are
provisions in this bill that would not. There is no reason we need to
lump all of these things together.
The SPEAKER pro tempore. The time of the gentleman has expired.
Mr. HASTINGS of Washington. I yield the gentleman an additional 30
seconds.
Mr. BISHOP of Utah. Mr. Speaker, Satchel Paige used to say, ``Just
throw strikes. Home plate don't move.''
We do not need to have this omnibus bill to go through these
particular procedures, and my kids are worth fighting for: They are
worth fighting the provisions of this bill that would not pass if they
were standing on their own. That is the problem. That is the problem,
and that is why I am passionate.
Mr. RAHALL. Mr. Speaker, I yield 2 minutes to the gentleman from
Oregon (Mr. Blumenauer).
Mr. BLUMENAUER. Mr. Speaker, I listened to my good friend from Utah.
You know, the irony is that all the lands we are talking about are
already publicly owned. They are not on the tax rolls. They have been
publicly owned since the United States first acquired them. We give
these states 25 percent of timber receipts, 50 percent of oil and gas,
and Federal payment in lieu of taxes (PILT).
I come from one of those States where there are some serious
questions about the Federal balance of resources, but I just want to
say that adding the 126,000 acres and 80 miles of wild and scenic
rivers has no effect on the revenue flow to our State. In fact, I would
be prepared to make the argument that having this certainty, having
this enhanced protection, is actually going to add value. It is going
to protect water resources. It is going to encourage tourism. It is
going to enhance both the environment and our economy.
That is why my colleague Greg Walden, and I, spent 7 years on this
piece of legislation. We had the bipartisan support of former
Republican Senator Smith and Senator Wyden and new Senator Merkley. We
had Native Americans, environmentalists, local government, bicyclists--
a wide range of people who came together--realizing this is a vision
for the future.
Now, Mr. Chairman, you have put together a piece of legislation that
goes far beyond preserving our special places in Oregon. It is an
opportunity not only to save hundreds of thousands of acres across
America, but it is an opportunity to develop an approach where we can
come together. This legislation is going to get broad bipartisan
support, and I think it is going to show a way where we can protect
more of America's special places and not disadvantage anybody
economically but actually strengthen the economy, strengthen the
environment and preserve these areas for generations to come.
I thank the committee for the work they have done. I look forward to
this bipartisan support.
Mr. HASTINGS of Washington. Mr. Speaker, I will reserve my time. I am
the last speaker on this side.
The SPEAKER pro tempore. The gentleman from Washington has 2\3/4\
minutes. The gentleman from West Virginia has 6 minutes.
{time} 1330
Mr. RAHALL. Mr. Speaker, I am very honored to yield 2 minutes to the
distinguished dean of the House of Representatives, the gentleman from
Michigan, my dear friend and an individual who has helped us
tremendously in not only crafting this legislation but so much of the
legislation that passes through the Congress, the Honorable John
Dingell.
Mr. DINGELL. Mr. Speaker, I begin by thanking the great chairman of
the committee, my dear friend from West Virginia, Mr. Nicky Joe Rahall.
Thank you. This is a great bill, and I rise in support of it. And I
thank you for what you have done for me and my people in Monroe and
Monroe County, Michigan, in setting up the River Raisin National
Battlefield Park in this legislation. This is a proposal which has the
strongest possible support from all of the people in the area. It will
preserve a battleground from the War of 1812, which was a major
engagement west of the Appalachian Mountains where the Americans
suffered a devastating military defeat. Out of better than 1,000
American regulars and militia who participated in the battle, only 33
escaped death or capture.
The future President of the United States, then-General William Henry
Harrison, described the loss at the River Raisin as a ``national
calamity.''
But it went beyond this. That was the battle which became the battle
cry in the War of 1812. And it is that which probably led to the saving
for the United States of all of the lands west of the Appalachians and
certainly the Great Lakes Basin.
The park designation is so important to my people in the local
community that they will give the land necessary for this to the Park
Service without any compensation or charge. And this is certainly
something which is important to us because this kind of local support
is going to lead to an extraordinary relationship between the Park
Service and the people in the area where volunteers will come forward
to help make this park a tremendous success.
So I urge my colleagues to support this legislation. I commend and I
thank my dear friend, the chairman of the committee, for his
leadership, persistence and hard work. Getting this legislation to this
point where it is going to the White House is an extraordinary
accomplishment and shows extraordinary dedication and persistence by my
dear friend, the chairman.
I want to say that this is going to be a great piece of legislation.
It is a great event in the history of the country, and I am proud of my
dear friend for the
[[Page 8732]]
leadership that he has shown. I thank you, Mr. Chairman.
Mr. HASTINGS of Washington. Mr. Speaker, I will reserve my time.
Mr. RAHALL. Mr. Speaker, I am prepared to close on our side. I am our
last speaker.
Mr. HASTINGS of Washington. Mr. Speaker, I yield myself the balance
of my time.
Mr. Speaker, in my opening remarks, I talked a bit about process,
that we seem to have a pattern in this new Congress of taking up bills
like this that are not fully vetted. This is just the latest example of
that. I hope it is the last, but I am not holding my breath.
But I also made an observation in my opening remarks that there are
enough individual bills in here to cover enough individual
congressional districts that this bill will probably pass, and I
suspect that it probably will.
I listened very intently to all of my friends on both sides of the
aisle that spoke in favor of this bill. In every one of the projects
they talked about, at least one way or the other, they suggested that
there is a lot of work at home, there is a lot of vetting on that. And
I totally agree.
When I went to the Rules Committee last night to try to address some
of the problems I had, none of those projects that the Members on the
other side talked about were what I was talking about with what I had
problems with this bill. And that gets us then back to the point that
we are making. On those areas where there is disagreement, in the
people's House, Mr. Speaker, we should have an opportunity to discuss
the differences and then have a vote and find out which side prevails.
But all we heard today on debate on this was those that had good
projects. I certainly don't argue with that. I mentioned I have three
of them in here myself.
And so, the process, I guess, is what disturbs me more than anything
else. The issue that I had a concern with was the issue of the judge's
decision last week on second amendment rights. Nobody talked to defend
that. The issue I had was the language that was taken out as to
homeland security environmental concerns. Nobody came down to the floor
to discuss that or defend that position. I raised concerns about the
interpretation of people with disabilities having access to our
wilderness areas. Nobody came down to the floor to discuss that.
Those are the issues that we should have had a discussion on, not the
issues that everybody agreed upon. Had we gone through normal process,
that probably would have been vetted. There probably would have been a
compromise worked out so that we could have resolved the issues for
everybody and a bill like this truly could have passed with well-
overwhelming support.
But as it is, Mr. Speaker, because it is a bill in which a lot was
vetted, in which there are a lot of unanswered questions and unintended
consequences--which we see is becoming a pattern in this Congress by
taking up bills that don't get a lot of time to be looked at--we will
probably come back and have to make some changes. In fact, I would not
be surprised that there will be a bill to address the issue of the
judge's decision very shortly. I bet probably there will be a bill that
will clarify the border security. Well, we could have done that with
this lands bill.
So, Mr. Speaker, even though I have pieces of legislation in here, I
am going to urge my colleagues to vote ``no'' on this bill.
With that, I yield back my time.
Mr. RAHALL. Mr. Speaker, as we close this debate, to some of the
gentlemen on the other side of the aisle who are expressing opposition
to this measure--some rather vociferously--I would quote William
Shakespeare: Me thinks ye doth protest too much.
The Ice Age Floods National Geologic Trail, which the gentleman from
Washington--my ranking member who I respect--has been working on for
many years will now become a reality. And the Park City and Bountiful
land exchanges, which the gentleman from Utah has been advocating for
some time, will also become a reality.
The Santa Margarita River and Elsinore Valley Water projects, which
the gentleman from California wants, will now become a reality. And the
Chisholm-Great Western Trail study, advanced by the gentlemen from
Oklahoma, will now become a reality.
Many of you are in the enviable position, I guess, of protesting
against this bill--perhaps voting against it--yet still getting what
you want. I guess being in the minority sometimes has its advantages.
The fact of the matter is that the pending matter has twice been
approved by the Senate by overwhelming majorities, and 2 weeks ago in
this body, it received 282 votes in favor and 144 opposed.
It is now time, my colleagues, for the will of the Congress to be
made final on this measure. We have heard repeatedly from the
malcontents, but they do not represent the majority view. The famous
photographer Ansel Adams once said, ``Let us leave a splendid legacy
for our children. Let us turn to them and say, this you inherit: guard
it well, for it is far more precious than money, and once destroyed,
nature's beauty cannot be repurchased at any price.''
That, my friends, is what this legislation is all about.
From the Wild Mon wilderness in my home State of West Virginia, to
the Copper Salmon Wilderness in Oregon; the Virginia Ridge and Valley
Wilderness in Virginia, to the Mount Hood Wilderness also in Oregon;
from the Eastern Sierra Wilderness in California, to the Trail of Tears
in Tennessee; the establishment of the Taunton Wild and Scenic River in
Massachusetts, to the Pacific Northwest National Scenic Trail in
Washington State, to the Paterson National Historic Park in New Jersey,
my friends, this is America the beautiful, of spacious skies and purple
mountain majesties.
This is what our great land is all about. This is what we, who have a
responsibility to steward and guard our public resources, have a
responsibility as well to pass on to generations to come after us.
My colleagues, in these trying economic times, let us today give
assurances to the American people that this Nation does remain great
and that we have something to celebrate, a heritage of which we can all
be proud. The open skies, the public wilderness, the heritage areas,
the wild and scenic trails, the beautiful, open-flowing and clean
rivers, let us all think about those majesties that we have in this
country as we move toward final passage of this legislation and indeed
turn it to where it belongs, in the heavens above.
Mr. PASCRELL. Mr. Speaker, I rise today in strong support of H.R.
146, the Omnibus Public Lands Act, a bipartisan piece of legislation
that will do wonders for conservation and historic preservation across
the United States. This bill includes the Paterson Great Falls National
Park Act, which I originally introduced in the 109th Congress and
passed this House in October of 2007.
As a lifelong Paterson resident and the city's former mayor, I have
fought for many years to bring recognition to this site that has played
such a seminal role in American history. A National Historical Park is
the only way to properly showcase the significant cultural and historic
landmarks and natural beauty that the Great Falls Historic District has
to offer, I am proud and thankful that the Congress will soon pass this
legislation and President Obama will sign it into law.
Fifteen miles west of New York City, the majestic Great Falls in
Paterson, New Jersey was the second largest waterfall in colonial
America. No other natural landmark has played such an important role in
our nation's quest for freedom and prosperity.
Alexander Hamilton recognized the grandeur and unique power of the
Great Falls when he founded Paterson in 1792 as America's first planned
industrial city. Hamilton was committed to demonstrating the
profitability of manufacturing in America rather than depending upon
foreign goods. As Paterson rapidly rose into a thriving industrial
city, it became the living manifestation of Hamilton's prescient belief
in the capitalist revolution.
Development of the raceway system to harness the power of the 77-foot
Great Falls, the second largest waterfall east of the Mississippi
River, created one of the country's first manufacturing centers.
Paterson was the site of the first water-powered cotton spinning mill,
and
[[Page 8733]]
the first continuous roll paper mill. It was the site of the
manufacture of the Colt Revolver, the Rogers Steam Locomotive, the
Wright aeronautic engines and the first practical submarine. Its mills
manufactured paper, cotton, and famously, silk, earning Paterson the
name of ``Silk City.''
The National Park Service has long been aware of the importance of
protecting and preserving the Great Falls district. In 1969, the Great
Falls was listed as a National Natural Landmark and the 117 acres
surrounding them were entered on the Department of Interior's National
Register as a Historic District. In 1976, the Great Falls became a
National Landmark. Since 1988, the Interior Department has listed the
district as a Priority One threatened National Historic Landmark.
In a special Bicentennial speech in Paterson with the spectacular
natural beauty of the Great Falls in the background, the late President
Gerald R. Ford said, ``We can see the Great Falls as a symbol of the
industrial might which helps to make America the most powerful nation
in the world.''
With a National Park designation, the Great Falls will be transformed
into an attraction for visitors and Patersonians alike that could lead
to the economic revitalization of Paterson.
As soon as President Obama signs this bill into law, federal
resources will be leveraged to revitalize the Great Falls area,
refurbish the beautiful, historic mill buildings, maintain and protect
the waterfall, and create a living reminder of our nation's rich
industrial history. I am proud and thankful that Congress and the
President will fully recognize the vision of Hamilton, the design of
L'Enfant, and the cultural and historic landmarks that have shaped
America's history.
After this bill is signed into law I would be honored to have my
colleagues visit Paterson and tour the new Great Falls National
Historic Park, where they can all see first hand the value that urban
parks bring to the National Park System and to their local communities.
This has been a long road we have traveled to get to this point. The
Great Falls National Historic Park would not be at this point without
the work of many dedicated staff members who have worked on this
proposal. Obviously the patient staffers working under Chairman Rahall
and Chairman Grijalva at the Natural Resources Committee deserve our
thanks and appreciation. Since 2001, the many staffers from my office
working towards this goal have included Mia Dell, Susan Quatrone, Caley
Gray, Stephanie Krenrich and Arthur Mandel. On the other side of the
Capitol, Arvin Ganesan with Senator Lautenberg and Hal Connolly with
Senator Menendez deserve our appreciation.
And let me conclude by extending special thanks to Leonard Zax, a
good friend and Paterson native, who has testified in committees,
drafted support letters, brought parties together and has basically
worked tirelessly to see this bill through from concept to completion.
We have a great deal of work left to do, but let us celebrate this
important milestone for the City of Paterson and the preservation of
the Great Falls on the Passaic River.
Ms. HIRONO. Mr. Speaker, I rise today in enthusiastic support of H.R.
146, the Omnibus Public Lands Management Act, which includes my
Kalaupapa Memorial Act (H.R. 3332 in the 110th Congress; H.R. 410 in
the 111th Congress). The Kalaupapa Memorial Act authorizes
establishment of a memorial at Kalaupapa National Historical Park on
the island of Molokai, Hawaii, to honor the memory and sacrifices of
the some 8,000 Hansen's disease patients who were forcibly relocated to
the Kalaupapa peninsula between 1866 and 1969.
Last August, I visited Kalaupapa and met with the mostly elderly
former patients who reside there. Many expressed a strong desire to see
the Memorial become a reality in their lifetimes. Unfortunately, that
dream did not come true for two of the community's most beloved and
distinguished residents:
Kuulei Bell, the president of Ka 'Ohana O Kalaupapa, passed away in
February 8, 2009 after a long illness. Despite her illness, she
continued to champion establishment of the Memorial until shortly
before her death.
Bernard Punikai'a, who fought all his life for equality and human
rights for persons with Hansen's Disease throughout the world, passed
away on February 25, 2009.
Today, I pay special tribute to Kuulei and Bernard in casting my vote
for this bill. The policy of exiling persons with the disease that was
then known as leprosy began under the Kingdom of Hawaii and continued
under the governments of the Republic of Hawaii, the Territory of
Hawaii, and the State of Hawaii. Children, mothers, and fathers were
forcibly separated and sent to the isolated peninsula of Kalaupapa,
which for most of its history could only be accessed by water or via a
steep mule trail. Children born to parents at Kalaupapa were taken away
from their mothers and sent to orphanages or to other family members
outside of Kalaupapa. Hawaii's isolation laws for people with Hansen's
disease were not repealed until 1969, even though medications to
control the disease had been available since the late 1940s.
While most of us know about the sacrifices of Father Damien (his
statue is one of two representing Hawaii in DC), who dedicated his life
to care for those exiled to Kalaupapa fewer know of the courage and
sacrifices of the patients who were torn from their families and left
to make a life in this isolated area. It is important that their lives
be remembered.
Of the some 8,000 former patients buried in Kalaupapa, only some
1,300 have marked graves. A memorial listing the names of those who
were exiled to Kalaupapa and died there is a fitting tribute and is
consistent with the primary purpose of the park, which is ``to preserve
and interpret the Kalaupapa settlement for the education and
inspiration of present and future generations.''
Ka 'Ohana O Kalaupapa, a non-profit organization consisting of
patient residents at Kalaupapa National Historical Park and their
family members and friends, was established in August 2003 to promote
the value and dignity of the more than 8,000 persons some 90 percent of
whom were Native Hawaiian--who were forcibly relocated to the Kalaupapa
peninsula. A central goal of Ka 'Ohana O Kalaupapa is to make certain
that the lives of these individuals are honored and remembered through
the establishment of a memorial or memorials within the boundaries of
the park at Kalawao or Kalaupapa.
Ka 'Ohana O Kalaupapa has made a commitment to raise the funds needed
to design and build the memorial and will work with the National Park
Service on design and location of the memorial.
The residents of Kalaupapa and the families of those who have passed
want to make sure not only that the story of Kalaupapa is told but that
the patients are recognized as individuals by having the names of each
of those exiled to Kalaupapa and buried there recorded for posterity.
Families that have visited Kalaupapa and Kalawao searching in vain for
the graves of their family members will find comfort in seeing those
names recorded on a memorial.
Mrs. KIRKPATRICK of Arizona. Mr. Speaker, I rise today in support of
H.R. 146, the Omnibus Public Lands Bill, in part because of the
important designations it makes for areas in Arizona's First
Congressional District. Among the many natural treasures that make our
country beautiful, several of the most beautiful are in Greater
Arizona, including the 58,000 square miles that comprise the district I
represent.
One such treasure, Fossil Creek, runs along the border between Gila
and Yavapai Counties, as well as between the Coconino and Tonto
National Forests. The entire watershed is within National Forest land
and is surrounded by Fossil Springs Wilderness and Mazatal Wilderness
areas. These fourteen miles of spring-fed water provide families with
opportunities for camping, birding, hiking, horseback riding, and other
recreational activities.
In addition to the remarkable beauty of the area, Fossil Creek
represents a cultural treasure as well. The creek sustained the
Yavapai-Apache people who have inhabited the area, and the Yavapai-
Apache Nation still considers Fossil Creek sacred ancestral homeland.
Ancient artifacts, ruins, and pictographs have been found on numerous
locations along Fossil Creek's terraces, and undiscovered
archaeological treasures surely remain.
I commend the efforts of folks in Cottonwood, Camp Verde, and
Clarkdale communities to have Fossil Creek included in the Wild and
Scenic River System, which will rightly highlight the beautiful and
unique features of the area for generations.
Walnut Canyon National Monument is another great treasure in Northern
Arizona, and this bill includes a study to help develop a long-term
management plan that addresses the recreational, cultural, and natural
resources in the area. The study has had the strong backing of Coconino
County and the City of Flagstaff, and through their efforts we will
protect the natural habitat and sacred grounds surrounding the Walnut
Canyon National Monument.
Mr. Speaker, thank you for the opportunity to consider this
legislation, which includes so many provisions to protect and enhance
our nation's natural and cultural treasures.
Ms. HERSETH SANDLIN. Mr. Speaker, today, the House of Representatives
passed H.R. 146: Omnibus Public Land Management Act 2009. Included in
this bill is the authorization of Preserve America and Save America's
Treasures.
[[Page 8734]]
I want to take this opportunity to express my appreciation of and
support for the role that State and Tribal Historic Preservation
Offices play in national historic preservation efforts. In 1966,
Congress passed the National Historic Preservation Act. This Act
charged State Historic Preservation Offices with several
responsibilities, from locating historic resources to providing
technical assistance to federal agencies.
Furthermore, the National Historic Preservation Act emphasizes the
need for cooperation and coordination among federal, tribal, state, and
local governments as well as private organizations and individuals. In
South Dakota, State and Tribal Historic Preservation Officers play a
crucial part in many projects and initiatives, such as preserving
significant buildings and landmarks and ensuring that Native American
sacred sites are protected.
South Dakota has received a handful of grants through both the Save
America's Treasures and Preserve America programs. However, the
majority of our preservation funding comes from, and I expect will
continue to come from, the State and Tribal Historic Preservation
Programs.
While I support the Save America's Treasures and Preserve America
programs, it is imperative that we also recognize the statutory
responsibilities of State and Tribal Historic Preservation Offices to
carry out federal historic preservation activities. In turn, I want to
state my support for ensuring that State and Tribal Historic
Preservation Offices have the funding and resources that they need to
carry out their multifaceted missions. I anticipate that authorizing
Save America's Treasures and Preserve America will complement the work
conducted by State and Tribal Historic Preservation Offices across the
United States.
My hope is that Congress recognizes that the Preserve American and
Save America's Treasures programs are meant to supplement the baseline
activities of State and Tribal Historic Preservation Offices (S/THPOs)
which carry out the mandates of the National Historic Preservation Act.
The work of the States and Tribes provides the necessary foundation for
the supplemental assistance provided by Preserve America and Save
America's Treasures grants.
Mr. GARY G. MILLER of California. Mr. Speaker, I rise today to
clarify my position as it relates to H.R. 146, the Revolutionary War
and War of 1812 Battlefield Protection Act. I cosponsored this
legislation when it was originally introduced into the House of
Representatives by my friend Congressman Rush Holt of New Jersey, to
create a grant program to generate partnerships at the State and local
level, encouraging the private sector to preserve, conserve, and
enhance nationally significant Revolutionary War and War of 1812
battlefields.
This bill passed by an overwhelming margin on the House floor on
March 3, 2009, and was subsequently sent to the Senate. Senate leaders
then removed all language the House of Representatives had voted for
and replaced it with the Omnibus Public Land Management Act of 2009.
The Senate proceeded to pass the legislation and send it back to the
House of Representatives where we stand to vote on it today. To be
clear, the language contained in H.R. 146, the Omnibus Public Land
Management Act of 2009 in no way resembles the legislation I
cosponsored when I lent my name and support in favor of the
Revolutionary War and War of 1812 Battlefield Protection Act.
It was not my intention or desire to be listed as a cosponsor of the
Omnibus Public Land Management Act of 2009. This legislation does have
several laudable provisions, including language I sponsored: H.R 548,
the Civil War Battlefield Preservation Act to preserve and protect
Civil War Battlefields and H.R. 530, the Santa Ana River Water Supply
Enhancement Act to increase Southern California's water supply.
However, this omnibus bill taken as a whole would withdraw millions of
acres of public land from energy development, increase government
spending by almost $9 billion, and add even greater restrictions to
federally managed lands.
I have been a long time advocate for preservation of our nation's
historic battlefields. These battlefields offer a porthole to the past.
The vivid imagery of an epic conflict can remind visitors of the
struggles our country has gone through to preserve the banner of
liberty and justice for all. Memorializing the Civil War, Oliver
Wendell Holmes said, ``We have shared the incommunicable experience of
war. We felt, we still feel, the passion of life to its top. In our
youths, our hearts were touched by fire.'' By preserving this Nation's
historic battlefields, we can give visitors a sense of what Mr. Holmes
was talking about. Unfortunately, this legislation stripped the
language to which I originally lent my support, and therefore do not
wish to appear as a cosponsor of the Omnibus Public Lands Management
Act of 2009.
Mr. GEORGE MILLER of California. Mr. Speaker, I rise in strong
support of H.R. 146, the Omnibus Public Land Management Act of 2009.
This legislation is the culmination of years of hard work, negotiation,
and consensus-building, and I commend Chairman Rahall and his
subcommittee chairs, including Raul Grijalva and Grace Napolitano, and
the Natural Resources Committee staff, for all of their efforts to
bring this bill before us today.
The Omnibus Public Land Management Act is a compilation of many of
the most important conservation measures that the Congress has
considered in years, and it is supported by a diverse coalition that
includes the outdoor industry, sportsmen's associations, parks and
wilderness advocates, faith groups, and literally dozens of individual
conservation and wildlife protection organizations from across the
country.
In California, for example, this bill will protect significant
stretches of federal land for future generations by enacting the
California Desert and Mountain Heritage Act, the Sequoia-Kings Canyon
National Park Wilderness Act, and the Eastern Sierra and Northern San
Gabriel Wild Heritage Act.
But this bill is not just about protecting national treasures for
future generations. It's also about taking very significant steps to
resolve water conflicts. All of us who represent California and the
arid West are very concerned about drought, and this bill provides
solutions: the legislation before us today resolves conflicts that have
dragged on for decades, and it will bring substantial clean water
supplies online. We owe it to our constituents to support this bill.
Some previous speakers have erroneously claimed that the Omnibus
Public Land Management Act would harm our water supplies. Nothing could
be further from the truth. The fact of the matter is that this bill
increases the clean water supply available to the American West, and it
settles years of costly litigation over water. California, for example,
will see seven Title XVI water recycling projects authorized by this
package, in addition to two groundwater recharge projects. These
projects will allow local communities across our state to produce
almost half a million acre-feet of reclaimed reuse water and added
storage capacity. These water provisions are environmentally
sustainable and they are cost-effective, and should be supported by our
state's entire congressional delegation.
Because of the widespread benefits of these Title XVI and groundwater
water supply authorizations, this bill is supported by a broad
coalition that includes the Association of California Water Agencies,
the Metropolitan Water District of Southern California, the National
Water Resources Association, and the Western Urban Water Coalition. I
ask unanimous consent to include in the Record a letter of support sent
by this coalition earlier this month to Speaker Pelosi and Minority
Leader Boehner. These agencies and associations are supporting the
Omnibus Public Land Management Act because they know that this bill
represents a historic chance to meet our water challenges head-on. I
strongly support continued investment in these and other alternative
water supplies, and encourage the Bureau of Reclamation to move
expeditiously on these projects.
The bill before us today also provides us with the remarkable
opportunity to resolve nearly two decades of litigation over the
restoration of the San Joaquin River in California. The San Joaquin
Restoration Settlement Act is supported by the local affected water
districts and the Friant Water Users Authority, the environmental and
fishing group plaintiffs who brought the lawsuit, and by the state and
federal government. By approving H.R. 146, we are voting to restore
water and salmon to the once-mighty San Joaquin River, as well as to
authorize programs to help local farmers avoid potential negative
impacts from the restoration program.
Without this legislation, the parties to the lawsuit would have no
choice but to return to court, meaning wasted time and energy, a lack
of certainty for both sides, and the loss of significant nonfederal
funding. By passing this legislation today, we provide the funding and
legal authority the Department of the Interior needs to ensure a timely
and robust restoration program, which is so essential to the success of
this settlement.
As many of my colleagues know, the continued shutdown of the sport
and commercial salmon fisheries in our state has resulted in
significant economic losses. While California must do more to restore
the health of the Bay-Delta and the Sacramento River, restoring 30,000
spring run Chinook salmon to the San Joaquin River each year, as this
legislation intends, will help ensure that California's salmon, and the
considerable statewide economic activity that depends on healthy salmon
runs, are restored and sustained for future generations.
[[Page 8735]]
Approving the San Joaquin River Settlement will help bring the
State's second largest river back to life, improving water quality for
the Bay-Delta, and it will achieve some of the goals of the 1992
Central Valley Project Improvement Act. Perhaps most importantly,
Congress's approval of this settlement will demonstrate that
environmentalists and farmers can work together with federal and state
agencies to resolve California's water challenges in a way that all
parties can live with. While passage of this legislation is not the
final step in the restoration of the river, and although we will need
to watch the agencies' implementation of the settlement carefully, this
vote today is a critical step in a very long process.
For those of us who represent California and the West, it's very
clear that this bill offers a significant opportunity to protect our
natural resources, address serious economic problems, and resolve
conflicts over water. We can't afford to miss this chance.
For all these reasons and more, I strongly urge my colleagues to
support H.R. 146--the Omnibus Public Land Management Act of 2009.
March 10, 2009.
Re S. 22 Omnibus Public Lands Act.
Hon. Nancy Pelosi,
House of Representatives, Capitol Building, Washington, DC
Hon. John A. Boehner,
House of Representtives, Capitol Building, Washington, DC.
Dear Speaker Pelosi and Representative Boehner: The
undersigned organizations urge your support for key
provisions of S. 22, the Omnibus Public Land Management Act
of 2009 and ask that you oppose any parliamentary or
procedural efforts to delay or disrupt S. 22.
This legislation includes many key water provisions and
authorizations for critically important water projects and
water resource management programs that would help increase
local water supplies. The bill could not come at a more
important time as California and the southwest grapple with a
multi-year drought--one of the most severe we have
experienced in the last hundred years.
Additionally, S. 22 authorizes the terms of two historic
environmental settlement agreements, the Lower Colorado River
Multiple Species Habitat Conservation Plan, and the San
Joaquin River Restoration settlement agreement. The Secure
Water Act, as detailed in S. 2156, is also included in the
Omnibus Public Land Management Act.
Your support of S. 22 is imperative and we ask that you
move expeditiously to help ensure that the key water
provisions of S. 22 including the San Joaquin River
Restoration Settlement Agreement, the Lower Colorado River
Multiple Species Habitat Conservation Plan can be enacted as
soon as possible. Thank you for your consideration of our
request which would greatly benefit all Californians.
Very truly yours,
Tim Quinn Executive Director, Association of California
Water Agencies; Donald R. Kendall, General Manager,
Calleguas Municipal Water District. Art Aguilar,
General Manager, Central Basin Municipal, Water
District; Tony Pack, General Manager, Eastern Municipal
Water District; Ronald E. Young, General Manager,
Elsinore Valley Municpal Water District; Richard
Atwater, General Manager, Inland Empire Utilities
Agency; John R. Mundy, General Manager, Las Virgenes
Municipal Water District; Jeffrey Kightlinger, General
Manager, Metropolitan Water District of Southern
California.
Tom Donnelly, Executive Director, National Water
Resources Association; Michael R. Markus, General
Manager, Orange County Water District; Matt Stone,
General Manager, Rancho California Water District;
Leroy Goodson, General Manager, Texas Water
Conservation Association; G. Wade Miller, Executive
Director, Watereuse Association; Richard Nagal, General
Manager, West Basin Municipal Water District; Charles
L. Nylander, President, Wester Coalition of Arid
States; Guy Martin, National Counsel, Western Urban
Water Coalition.
Mr. STARK. Mr. Speaker, I rise today in strong support of H.R. 146,
the Omnibus Public Land Management Act of 2009.
This long overdue legislation has been many years in the making. It
will be the first major environmental bill signed into law by President
Obama and it includes the largest wilderness designation of land in 15
years. The bill will designate 2.1 million acres of wildlands as
federally protected wilderness, including over 735,000 acres of land in
my home state of California.
In California, this bill will permanently protect half a million
acres in the eastern Sierra, White Mountains, Mojave Desert, San
Gabriel Mountains, San Jacinto Mountains, and Sequoia, Kings Canyon,
and Joshua Tree National Parks. Over 100 miles of California's rivers
will be designated as Wild and Scenic Rivers, ensuring their ecological
health in the future. The legislation also includes vital provisions to
restore the vitality of the San Joaquin River and its historic salmon
runs.
As cities and towns across our nation continue to develop and expand,
it is essential that we set aside wilderness lands and wild rivers for
ecological preservation and recreational enjoyment. These wilderness
areas provide us with clean air and drinking water. They are part of
our national heritage and we need to ensure that they are protected for
our grandchildren and our grandchildren's grandchildren to experience
and appreciate.
The Omnibus Public Land Management Act of 2009 is truly historic
legislation that represents a huge victory for our environment. I'm
proud to support this bill and I urge my colleagues to join me in
voting for it.
Mr. GALLEGLY. Mr. Speaker, subsection 199 of H.R. 146, the Omnibus
Public Land Management Act of 2009, concerns two stream segments on
Piru Creek located on National Forest lands in Southern California and
those segments flow to and from existing hydroelectric facilities and
water supply operations. Water is released from Pyramid Lake into Piru
Creek for conveyance and delivery to Lake Piru for the United Water
Conservation District and water is also released from Lake Piru. The
amount and timing of water delivered or released may need to change to
address the community's water needs and to protect the endangered
Arroyo Toad.
According to a statement by the author of this subsection of the
legislation, it is my understanding that this legislation is not
intended to preclude or limit the State of California, the Department
of Water Resources of the State of California, the United Water
Conservation District, and other governmental entities from releasing
water for water conservation purposes.
Mrs. CAPPS. Mr. Speaker, I rise today to express my support for the
Senate amendments to H.R. 146, which incorporates the Omnibus Public
Land Management Act of 2009.
I want to thank Chairman Rahall for his leadership in bringing this
legislation back to the House floor for a vote. While we were unable to
vote on this package earlier this month, it is time that we pass these
bills.
This legislation is a bipartisan package of more than 160 individual
bills, and incorporates a wide range of public lands, water resources,
and ocean and coastal protection measures that impact various regions
of our Nation. All of the bills included in the package have been
thoroughly reviewed and approved by the House or favorably reported by
the Senate committee of jurisdiction during the 110th Congress.
Today, I wish to highlight four bills in the omnibus package that I
sponsored during the 111th Congress.
First, the Coastal and Estuarine Land Conservation Program Act.
This legislation codifies and strengthens an existing NOAA program--
the Coastal and Estuarine Land Conservation Program, or CELCP--that
awards grants to coastal states to protect environmentally sensitive
lands.
As someone who represents over 200 miles of California's coastline,
I'm well aware of the pressures of urbanization and pollution along our
nation's coasts. These activities threaten to impair our watersheds,
impact wildlife habitat and cause damage to the fragile coastal
ecology.
Coastal land protection partnership programs, like CELCP, can help
our Nation meet these growing challenges.
For example, in my congressional district I've worked collaboratively
with environmental groups, willing sellers, and the State to conserve
lands and waters around Morro Bay, on the Gaviota Coast, and near the
Piedras Blancas Light Station.
These projects have offered numerous benefits to local communities by
preserving water quality, natural areas for wildlife and birds, and
outdoor recreation opportunities--thereby protecting for the future the
very things we love about the coasts.
Although the program has been in existence for six years, it has yet
to be formally authorized. This legislation seeks to do just that. It
expands the federal/state partnership program explicitly for
conservation of coastal lands.
Under this program, coastal states can compete for matching funds to
acquire land or easements to protect coastal areas that have
considerable conservation, recreation, ecological, historical or
aesthetic values threatened by development or conversion.
It will not only improve the quality of coastal areas and the marine
life they support, but also sustain surrounding communities and their
way of life.
I would also like to acknowledge the work of former Congressman Jim
Saxton. Mr. Saxton
[[Page 8736]]
introduced this legislation in the 109th and 110th Congresses. His
longstanding commitment to passage of this legislation will ensure the
protection of the important coastal habitat and provide for increased
recreational opportunities throughout his home state of New Jersey.
The Omnibus Public Land Management Act also includes my Integrated
Coastal and Ocean Observation System Act.
This legislation seeks to establish a national ocean and coastal
observing, monitoring, and forecasting system to gather real-time data
on the marine environment, to refine and enhance predictive
capabilities, and to provide other benefits, such as improved fisheries
management and safer navigation.
To safeguard our coastal communities and nation, we must invest in
the integration and enhancement of our coastal and ocean observing
systems.
The devastation caused by tsunamis, hurricanes, and other coastal
storms demonstrates the critical need for better observation and
warning systems to provide timely detection, assessment and warnings to
millions of people living in coastal regions around the world.
The U.S. Commission on Ocean Policy, the Pew Oceans Commission, and
many government ocean advisory groups have called for the establishment
of a national integrated coastal and ocean observing system as the
answer to this challenge.
Specifically, the National Integrated Coastal and Ocean Observing
System Act would formally authorize the President to develop and
operate a genuine national coastal and ocean observing system to
measure, track, explain, and predict events related to climate change,
natural climate variability, and interactions between the oceans and
atmosphere, including the Great Lakes; promote basic and applied
science research; and institutionalize coordinated public outreach,
education, and training.
Importantly, this system will build on recent advances in technology
and data management to fully integrate and enhance the nation's
existing regional observing assets, like the Southern and Central and
Northern California Ocean Observing Systems, which operate off
California's coastline. These systems have proven invaluable in
understanding and managing our ocean and coastal resources.
I would also like to commend our former colleague from Maine,
Congressman Tom Allen, for championing this legislation in the 110th
Congress. Congressman Allen worked tirelessly to enact this important
legislation in the last session, and he deserves a tremendous amount of
credit when this measure is signed into law.
This legislation also includes my City of Oxnard Water Recycling and
Desalination Act.
This bill authorizes a proposed regional water resources project--the
Groundwater Recovery Enhancement and Treatment, or GREAT, Program--
located in my congressional district. Many communities today are faced
with the difficult task of providing reliable and safe water to their
customers. The City of Oxnard is no exception.
Oxnard is one of California's fastest growing cities and is facing an
ever growing crisis: it's running out of affordable water.
The water needs for the city's agricultural and industrial base,
together with its growing population, have exceeded its local water
resources. As a result, over 50 percent of its water has to be imported
from outside sources. However, through a series of local, state and
federal restrictions the amount of imported water available to the city
is shrinking, while the cost of that water is rising.
Recognizing these challenges, Oxnard developed the GREAT Program to
address its long term water needs.
The GREAT Program elements include a new regional groundwater
desalination facility to serve potable water customers in Oxnard and
adjacent communities; a recycled water system to serve agricultural
water users and provide added protection against seawater intrusion and
saltwater contamination; and a wetlands restoration and enhancement
component that efficiently reuses the brine discharges from both the
groundwater desalination and recycled water treatment facilities.
Implementation of the GREAT Program will provide many significant
regional benefits.
First, the new desalination project will serve ratepayers in Oxnard
and adjacent communities, guaranteeing sufficient water supplies for
the area.
Second, Oxnard's current water infrastructure delivers approximately
30 million gallons of treated wastewater per day to an ocean outfall.
The GREAT Program will utilize the resource currently wasted to the
ocean and treat it so that it can be reused by the agricultural water
users in the area.
During the non-growing season, it will inject the resource into the
ground to serve as a barrier against seawater intrusion and saltwater
contamination. To alleviate severely depressed groundwater levels, this
component also pumps groundwater into the aquifer to enhance
groundwater recharge.
Finally, the brine produced as a by-product of the desalination and
recycling plants will provide a year-round supply of nutrient-rich
water to the existing wetlands at Ormond Beach.
I commend Oxnard for finding innovative and effective ways of
extending water supplies in the West. In my view, the City of Oxnard
Water Recycling and Desalination Act supports one such creative
solution.
It will reduce the consumption of groundwater for agricultural and
industrial purposes, cut imported water delivery requirements, and
improve local reliability of high quality water deliveries.
Finally, the package includes my Goleta Water Distribution System
Conveyance Act.
This bill authorizes the title transfer of a federally owned water
distribution system in my congressional district from the Bureau of
Reclamation to the Goleta Water District.
The purpose of the legislation is to simplify the operation and
maintenance of the District's water distribution system and eliminate
unnecessary paperwork and consultation between the District and the
Bureau.
The Goleta Water District has operated and maintained the facilities
proposed for transfer since the 1950s. They have worked through all
requirements of the Bureau's title transfer process, including public
meetings, fulfillment of their repayment obligations, completion of an
environmental assessment, and compliance with all other applicable
laws.
The only step remaining to complete the process is an act of Congress
enabling the Secretary of the Interior to transfer title.
It is important to note that the proposed transfer would apply only
to lands and facilities associated with the District and would not
affect the District's existing water service contract with the Santa
Barbara County Water Agency, nor the Federal government receipts from
water deliveries under the contract.
In addition, the proposed transfer does not envision any new physical
modification or expansion of the service infrastructure.
I'm pleased the Bureau supported my legislation, which will allow the
Bureau to focus its limited resources where they are needed most.
In my view, this is an example of local problem-solving at its best.
I commend the staff of the water district and the Bureau for their
efforts to reach this agreement. I know that they have been working on
this for several years now.
In closing, Mr. Speaker, all of these bills could not have been
accomplished without the strong support and hard work and dedication of
the House Leadership and Chairman Rahall, and I thank them for
successfully moving these priorities in my congressional district.
I urge all of my colleagues to support the Omnibus Public Land
Management Act of 2009 by voting for the Senate amendments to H.R. 146.
Mrs. MALONEY. Mr. Speaker, I am pleased to support H.R. 146, the
Omnibus Public Land Management Act of 2009. The rivers, mountains,
parks and forests of the United States are a fundamental part of our
national heritage, and it is crucial that these resources are protected
for future generations to enjoy.
The majority of the bills in this monumental legislation had been
considered and enjoyed strong bipartisan support in previous
Congresses, and the passage of these provisions for public land
management, forest preservation, and other crucial conservation
measures is long overdue. I would like to take this opportunity to
commend the work of Senate Majority Leader Harry Reid, Speaker of the
House Nancy Pelosi, the bill's sponsor Senator Jeff Bingaman, and
Representative Nick Rahall in keeping this legislation moving forward.
I would also like to congratulate my friend Congresswoman Louise
Slaughter for the inclusion of her provision on the Women's Rights
National Historic Park in this important legislation. It is fitting
that, as we work to protect the landmarks that help to make this
country great, we commemorate the central role women have played in our
Nation's history.
On July 19, 1848, a group of women activists including Elizabeth Cady
Stanton, Lucretia Mott, and Mary Ann M'Clintock organized the first
Women's Rights Convention at Wesleyan Chapel in Seneca Falls, New York.
The document produced at the Convention, entitled the Declaration of
Sentiments, articulated the then radical idea that certain rights
accrued to women, such as the freedom to own property and the right to
an education. That meeting spearheaded a 72-year struggle for women's
suffrage, ending with the ratification of the 19th amendment on August
18, 1920.
[[Page 8737]]
This provision in the Omnibus Public Lands Act would pay tribute to a
milestone event in the women's rights movement by allowing for the
construction of a trail in the Women's Rights Historical Park in Seneca
Falls, New York, and permitting the establishment of a network of
historical sites relevant to women's history.
The park would serve as a physical reminder of women's historical
contributions to equality of rights and opportunity, values which are
central to the legacy of the United States. I ask my colleagues to join
me in celebrating these accomplishments by ensuring that the landmarks
of the women's rights movement are remembered and preserved.
Mr. BLUMENAUER. Mr. Speaker, I am pleased to vote ``yes'' on the
Omnibus Public Land Management Act of 2009. This bill will designate
more than 2 million acres of wilderness in nine states, including
127,000 acres on Mt. Hood and in the Columbia River Gorge. It also
includes wilderness protection for other Oregon treasures in the
Cascade Siskiyou, Oregon Badlands, Spring Basin, and Copper Salmon
areas.
It is worth noting that in addition to wilderness on Mt. Hood, the
legislation contains nearly 80 miles of Wild and Scenic Rivers,
including stretches of Fish Creek, which contains crucial habitat for
endangered fish, the East Fork of the Hood River, where wildlife
habitat and low impact recreation opportunities abound, and Fifteen
Mile Creek, another critical area for fish and wildlife, recreation,
and scenic beauty. The bill designates 34,000 acres of new National
Recreation Areas in the Mt. Hood National Forest and creates a long
term transportation plan to address the challenges of getting to and
from the mountain. It also directs the Forest Service to participate in
three land conveyances. These exchanges will provide additional
protection for the North side of Mt. Hood, the Pacific Crest Trail, and
a parcel of land that is critical to the community in Clackamas County.
In 2003, I worked with other members of the Oregon delegation to hold
a Mt. Hood Summit at Timberline Lodge, inviting local stakeholders to
share their vision for the challenges and opportunities facing the Mt.
Hood National Forest. Over the past six years a committed group of
citizens, organizations, Native Americans, local, state and federal
jurisdictions, and private interests have spent countless hours
negotiating a long term stewardship and protection plan for Mt. Hood's
forests and rivers.
Oregonians have worked tirelessly and waited years to have these
treasured natural areas protected. I am extremely pleased that the hard
work of so many committed local stakeholders is coming to fruition, and
I hope that we pass this bill today and send it swiftly to President
Obama for his signature.
Mr. RAHALL. I yield back the balance of my time.
The SPEAKER pro tempore. All time for debate has expired.
Pursuant to House Resolution 280, the previous question is ordered.
The question is on the motion offered by the gentleman from West
Virginia (Mr. Rahall).
The question was taken; and the Speaker pro tempore announced that
the ayes appeared to have it.
Mr. HASTINGS of Washington. Mr. Speaker, on that I demand the yeas
and nays.
The yeas and nays were ordered.
The SPEAKER pro tempore. Pursuant to clause 8 of rule XX, this 15-
minute vote on concurring in the Senate amendments will be followed by
a 5-minute vote on suspending the rules and agreeing to House
Resolution 273, if ordered.
The vote was taken by electronic device, and there were--yeas 285,
nays 140, not voting 6, as follows:
[Roll No. 153]
YEAS--285
Abercrombie
Ackerman
Adler (NJ)
Altmire
Andrews
Arcuri
Baca
Baird
Baldwin
Barrow
Bean
Becerra
Berkley
Berman
Berry
Bishop (GA)
Bishop (NY)
Blumenauer
Boccieri
Bono Mack
Boswell
Boucher
Boyd
Brady (PA)
Braley (IA)
Bright
Brown, Corrine
Brown-Waite, Ginny
Butterfield
Capito
Capps
Capuano
Cardoza
Carnahan
Carney
Carson (IN)
Cassidy
Castle
Castor (FL)
Chandler
Childers
Clarke
Clay
Cleaver
Clyburn
Cohen
Connolly (VA)
Conyers
Cooper
Costa
Costello
Courtney
Crowley
Cuellar
Cummings
Dahlkemper
Davis (AL)
Davis (CA)
Davis (IL)
Davis (TN)
DeFazio
DeGette
Delahunt
DeLauro
Dent
Dicks
Dingell
Doggett
Donnelly (IN)
Doyle
Driehaus
Edwards (MD)
Edwards (TX)
Ehlers
Ellison
Ellsworth
Eshoo
Etheridge
Farr
Fattah
Filner
Fortenberry
Foster
Frank (MA)
Frelinghuysen
Gerlach
Giffords
Gonzalez
Gordon (TN)
Grayson
Green, Al
Green, Gene
Griffith
Grijalva
Gutierrez
Hall (NY)
Halvorson
Hare
Harman
Hastings (FL)
Heinrich
Herseth Sandlin
Higgins
Hill
Himes
Hinchey
Hinojosa
Hirono
Hodes
Holden
Holt
Honda
Hoyer
Inglis
Inslee
Israel
Jackson (IL)
Jackson-Lee (TX)
Johnson (GA)
Johnson (IL)
Johnson, E. B.
Jones
Kagen
Kanjorski
Kaptur
Kennedy
Kildee
Kilpatrick (MI)
Kilroy
Kind
Kirk
Kirkpatrick (AZ)
Kissell
Klein (FL)
Kosmas
Kratovil
Kucinich
Lance
Langevin
Larsen (WA)
Larson (CT)
LaTourette
Lee (CA)
Lee (NY)
Levin
Lewis (GA)
Lipinski
LoBiondo
Loebsack
Lofgren, Zoe
Lowey
Lujan
Lynch
Maffei
Maloney
Markey (CO)
Markey (MA)
Massa
Matheson
Matsui
McCarthy (NY)
McCollum
McDermott
McGovern
McIntyre
McKeon
McMahon
McNerney
Meek (FL)
Meeks (NY)
Melancon
Michaud
Miller (MI)
Miller (NC)
Miller, George
Minnick
Mitchell
Mollohan
Moore (KS)
Moore (WI)
Moran (VA)
Murphy (CT)
Murphy, Patrick
Murtha
Nadler (NY)
Napolitano
Neal (MA)
Nye
Oberstar
Obey
Olver
Ortiz
Pallone
Pascrell
Pastor (AZ)
Paulsen
Payne
Perlmutter
Perriello
Peters
Petri
Pingree (ME)
Platts
Polis (CO)
Pomeroy
Price (NC)
Rahall
Rangel
Reichert
Reyes
Richardson
Rodriguez
Rooney
Ros-Lehtinen
Ross
Rothman (NJ)
Roybal-Allard
Ruppersberger
Rush
Ryan (OH)
Salazar
Sanchez, Linda T.
Sanchez, Loretta
Sarbanes
Schakowsky
Schauer
Schiff
Schrader
Schwartz
Scott (GA)
Scott (VA)
Serrano
Sestak
Shea-Porter
Sherman
Shuler
Simpson
Sires
Skelton
Slaughter
Smith (NJ)
Smith (TX)
Smith (WA)
Snyder
Space
Speier
Spratt
Stark
Sutton
Tanner
Tauscher
Taylor
Teague
Thompson (CA)
Thompson (MS)
Tierney
Titus
Tonko
Towns
Tsongas
Turner
Upton
Van Hollen
Velazquez
Visclosky
Walden
Walz
Wamp
Wasserman Schultz
Waters
Watson
Watt
Waxman
Weiner
Welch
Wexler
Whitfield
Wilson (OH)
Wittman
Wolf
Woolsey
Wu
Yarmuth
Young (AK)
Young (FL)
NAYS--140
Aderholt
Akin
Alexander
Austria
Bachmann
Bachus
Barrett (SC)
Bartlett
Barton (TX)
Biggert
Bilbray
Bilirakis
Bishop (UT)
Blackburn
Blunt
Boehner
Bonner
Boozman
Boren
Boustany
Brady (TX)
Broun (GA)
Brown (SC)
Buchanan
Burgess
Burton (IN)
Buyer
Calvert
Camp
Campbell
Cantor
Cao
Carter
Chaffetz
Coble
Coffman (CO)
Cole
Conaway
Crenshaw
Culberson
Davis (KY)
Deal (GA)
Diaz-Balart, L.
Diaz-Balart, M.
Dreier
Duncan
Emerson
Fallin
Flake
Fleming
Forbes
Foxx
Franks (AZ)
Gallegly
Garrett (NJ)
Gingrey (GA)
Gohmert
Goodlatte
Graves
Guthrie
Hall (TX)
Harper
Hastings (WA)
Heller
Hensarling
Herger
Hoekstra
Hunter
Issa
Jenkins
Johnson, Sam
Jordan (OH)
King (IA)
King (NY)
Kingston
Kline (MN)
Lamborn
Latham
Latta
Lewis (CA)
Linder
Lucas
Luetkemeyer
Lummis
Lungren, Daniel E.
Mack
Manzullo
Marchant
Marshall
McCarthy (CA)
McCaul
McClintock
McCotter
McHenry
McHugh
McMorris Rodgers
Mica
Miller (FL)
Moran (KS)
Murphy, Tim
Myrick
Neugebauer
Nunes
Olson
Paul
Pence
Peterson
Pitts
Poe (TX)
Posey
Price (GA)
Putnam
Radanovich
Rehberg
Roe (TN)
Rogers (AL)
Rogers (KY)
Rogers (MI)
Rohrabacher
Roskam
Royce
Ryan (WI)
Scalise
Schmidt
Schock
Sensenbrenner
Sessions
Shadegg
Shimkus
Shuster
Smith (NE)
Stearns
Stupak
Sullivan
Terry
Thompson (PA)
Thornberry
Tiahrt
Tiberi
Wilson (SC)
NOT VOTING--6
Engel
Fudge
Granger
Miller, Gary
Souder
Westmoreland
{time} 1404
Messrs. HALL of Texas and ROYCE, and Ms. FALLIN changed their vote
from ``yea'' to ``nay.''
Ms. GINNY BROWN-WAITE of Florida and Mr. McINTYRE changed their vote
from ``nay'' to ``yea.''
So the motion was agreed to.
The result of the vote was announced as above recorded.
A motion to reconsider was laid on the table.
[[Page 8738]]
____________________
RECOGNIZING 188TH ANNIVERSARY OF GREEK INDEPENDENCE
The SPEAKER pro tempore. The unfinished business is the question on
suspending the rules and agreeing to the resolution, H. Res. 273.
The Clerk read the title of the resolution.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from California (Mr. Berman) that the House suspend the rules
and agree to the resolution, H. Res. 273.
The question was taken.
The SPEAKER pro tempore. In the opinion of the Chair, two-thirds
being in the affirmative, the ayes have it.
Recorded Vote
Mr. McGOVERN. Mr. Speaker, I demand a recorded vote.
A recorded vote was ordered.
The SPEAKER pro tempore. This is a 5-minute vote.
The vote was taken by electronic device, and there were--ayes 423,
noes 0, not voting 8, as follows:
[Roll No. 154]
AYES--423
Abercrombie
Ackerman
Aderholt
Adler (NJ)
Akin
Alexander
Altmire
Andrews
Arcuri
Austria
Baca
Bachmann
Bachus
Baird
Baldwin
Barrett (SC)
Barrow
Bartlett
Barton (TX)
Bean
Becerra
Berkley
Berman
Berry
Biggert
Bilbray
Bilirakis
Bishop (GA)
Bishop (NY)
Bishop (UT)
Blackburn
Blumenauer
Blunt
Boccieri
Boehner
Bonner
Bono Mack
Boozman
Boren
Boswell
Boucher
Boustany
Boyd
Brady (PA)
Brady (TX)
Braley (IA)
Bright
Broun (GA)
Brown (SC)
Brown, Corrine
Brown-Waite, Ginny
Buchanan
Burgess
Burton (IN)
Butterfield
Buyer
Calvert
Camp
Campbell
Cantor
Cao
Capito
Capps
Capuano
Cardoza
Carnahan
Carney
Carson (IN)
Carter
Cassidy
Castle
Castor (FL)
Chaffetz
Chandler
Childers
Clarke
Clay
Cleaver
Clyburn
Coble
Coffman (CO)
Cohen
Cole
Conaway
Connolly (VA)
Conyers
Cooper
Costa
Costello
Courtney
Crenshaw
Crowley
Cuellar
Culberson
Cummings
Dahlkemper
Davis (AL)
Davis (CA)
Davis (IL)
Davis (KY)
Davis (TN)
Deal (GA)
DeFazio
DeGette
Delahunt
DeLauro
Dent
Diaz-Balart, L.
Diaz-Balart, M.
Dicks
Dingell
Doggett
Donnelly (IN)
Doyle
Dreier
Driehaus
Duncan
Edwards (MD)
Edwards (TX)
Ehlers
Ellison
Ellsworth
Emerson
Eshoo
Etheridge
Fallin
Farr
Fattah
Filner
Flake
Fleming
Forbes
Fortenberry
Foster
Foxx
Frank (MA)
Franks (AZ)
Frelinghuysen
Gallegly
Garrett (NJ)
Gerlach
Giffords
Gingrey (GA)
Gohmert
Gonzalez
Goodlatte
Gordon (TN)
Graves
Grayson
Green, Al
Green, Gene
Griffith
Grijalva
Guthrie
Gutierrez
Hall (NY)
Hall (TX)
Halvorson
Hare
Harman
Harper
Hastings (FL)
Hastings (WA)
Heinrich
Heller
Hensarling
Herger
Herseth Sandlin
Higgins
Hill
Himes
Hinchey
Hinojosa
Hirono
Hodes
Hoekstra
Holden
Holt
Honda
Hoyer
Hunter
Inglis
Inslee
Israel
Issa
Jackson (IL)
Jackson-Lee (TX)
Jenkins
Johnson (GA)
Johnson (IL)
Johnson, E. B.
Johnson, Sam
Jones
Jordan (OH)
Kagen
Kanjorski
Kaptur
Kennedy
Kildee
Kilpatrick (MI)
Kilroy
Kind
King (IA)
King (NY)
Kingston
Kirk
Kirkpatrick (AZ)
Kissell
Klein (FL)
Kline (MN)
Kosmas
Kucinich
Lamborn
Lance
Langevin
Larsen (WA)
Larson (CT)
Latham
LaTourette
Latta
Lee (CA)
Lee (NY)
Levin
Lewis (CA)
Lewis (GA)
Linder
Lipinski
LoBiondo
Loebsack
Lofgren, Zoe
Lowey
Lucas
Luetkemeyer
Lujan
Lummis
Lungren, Daniel E.
Lynch
Mack
Maffei
Maloney
Manzullo
Marchant
Markey (CO)
Markey (MA)
Marshall
Massa
Matheson
Matsui
McCarthy (CA)
McCarthy (NY)
McCaul
McClintock
McCollum
McCotter
McDermott
McGovern
McHenry
McHugh
McIntyre
McKeon
McMahon
McMorris Rodgers
McNerney
Meek (FL)
Meeks (NY)
Melancon
Mica
Michaud
Miller (FL)
Miller (MI)
Miller (NC)
Miller, George
Minnick
Mitchell
Mollohan
Moore (KS)
Moore (WI)
Moran (KS)
Moran (VA)
Murphy (CT)
Murphy, Patrick
Murphy, Tim
Murtha
Myrick
Nadler (NY)
Napolitano
Neal (MA)
Neugebauer
Nunes
Nye
Oberstar
Obey
Olson
Olver
Ortiz
Pallone
Pascrell
Pastor (AZ)
Paul
Paulsen
Payne
Pence
Perlmutter
Perriello
Peters
Peterson
Petri
Pingree (ME)
Pitts
Platts
Poe (TX)
Polis (CO)
Pomeroy
Price (GA)
Price (NC)
Putnam
Radanovich
Rahall
Rangel
Rehberg
Reichert
Reyes
Richardson
Rodriguez
Roe (TN)
Rogers (AL)
Rogers (KY)
Rogers (MI)
Rohrabacher
Rooney
Ros-Lehtinen
Roskam
Ross
Rothman (NJ)
Roybal-Allard
Royce
Ruppersberger
Rush
Ryan (OH)
Ryan (WI)
Salazar
Sanchez, Linda T.
Sanchez, Loretta
Sarbanes
Scalise
Schakowsky
Schauer
Schiff
Schmidt
Schock
Schrader
Schwartz
Scott (GA)
Scott (VA)
Sensenbrenner
Serrano
Sessions
Sestak
Shadegg
Shea-Porter
Sherman
Shimkus
Shuler
Shuster
Simpson
Sires
Skelton
Slaughter
Smith (NE)
Smith (NJ)
Smith (TX)
Smith (WA)
Snyder
Space
Speier
Spratt
Stark
Stearns
Stupak
Sullivan
Sutton
Tanner
Tauscher
Taylor
Teague
Terry
Thompson (CA)
Thompson (MS)
Thompson (PA)
Thornberry
Tiahrt
Tiberi
Tierney
Titus
Tonko
Towns
Tsongas
Turner
Upton
Van Hollen
Velazquez
Visclosky
Walden
Walz
Wamp
Wasserman Schultz
Waters
Watson
Watt
Waxman
Weiner
Welch
Wexler
Whitfield
Wilson (OH)
Wilson (SC)
Wittman
Wolf
Woolsey
Wu
Yarmuth
Young (AK)
Young (FL)
NOT VOTING--8
Engel
Fudge
Granger
Kratovil
Miller, Gary
Posey
Souder
Westmoreland
{time} 1412
So (two-thirds being in the affirmative) the rules were suspended and
the resolution was agreed to.
The result of the vote was announced as above recorded.
A motion to reconsider was laid on the table.
____________________
PROVIDING FOR CONSIDERATION OF H.R. 1404, FEDERAL LAND ASSISTANCE,
MANAGEMENT AND ENHANCEMENT ACT
Mr. POLIS. Mr. Speaker, by direction of the Committee on Rules, I
call up House Resolution 281 and ask for its immediate consideration.
The Clerk read the resolution, as follows:
H. Res. 281
Resolved, That at any time after the adoption of this
resolution the Speaker may, pursuant to clause 2(b) of rule
XVIII, declare the House resolved into the Committee of the
Whole House on the state of the Union for consideration of
the bill (H.R. 1404) to authorize a supplemental funding
source for catastrophic emergency wildland fire suppression
activities on Department of the Interior and National Forest
System lands, to require the Secretary of the Interior and
the Secretary of Agriculture to develop a cohesive wildland
fire management strategy, and for other purposes. The first
reading of the bill shall be dispensed with. All points of
order against consideration of the bill are waived except
those arising under clause 9 or 10 of rule XXI. General
debate shall be confined to the bill and shall not exceed one
hour equally divided and controlled by the chair and ranking
minority member of the Committee on Natural Resources. After
general debate the bill shall be considered for amendment
under the five-minute rule. The bill shall be considered as
read. All points of order against provisions in the bill are
waived. Notwithstanding clause 11 of rule XVIII, no amendment
to the bill shall be in order except those printed in the
report of the Committee on Rules accompanying this
resolution. Each such amendment may be offered only in the
order printed in the report, may be offered only by a Member
designated in the report, shall be considered as read, shall
be debatable for the time specified in the report equally
divided and controlled by the proponent and an opponent,
shall not be subject to amendment, and shall not be subject
to a demand for division of the question in the House or in
the Committee of the Whole. All points of order against such
amendments are waived except those arising under clause 9 or
10 of rule XXI. At the conclusion of consideration of the
bill for amendment the Committee shall rise and report the
bill to the House with such amendments as may have been
adopted. The previous question shall be considered as ordered
on the bill and amendments thereto to final passage without
intervening motion except one motion to recommit with or
without instructions.
The SPEAKER pro tempore (Mr. Ross). The gentleman from Colorado is
recognized for 1 hour.
Mr. POLIS. Mr. Speaker, for the purpose of debate only, I yield the
customary 30 minutes to my colleague on the Rules Committee, the
gentleman
[[Page 8739]]
from Florida (Mr. Lincoln Diaz-Balart). All time yielded during
consideration of the rule is for debate only.
General Leave
Mr. POLIS. I ask unanimous consent that all Members have 5
legislative days within which to revise and extend their remarks and to
insert extraneous materials.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Colorado?
There was no objection.
Mr. POLIS. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, House Resolution 281 provides for consideration of H.R.
1404, the Federal Land Assistance Management and Enhancement, or FLAME,
Act under a structured rule. The rule provides 1 hour of general debate
controlled by the Committee on Natural Resources.
The rule makes in order 13 amendments, which are listed on the Rules
Committee report accompanying the resolution. Each amendment is
debatable for 10 minutes. The rule also provides one motion to
recommit, with or without instructions.
All Members were given an opportunity to submit amendments to the
Rules Committee on the bill, and a number of Members on both sides of
the aisle did so: 21 amendments were submitted to the Rules Committee
on this bill; two amendments were subsequently withdrawn; and three
amendments were nongermane to the underlying bill. Of the remaining 16,
13 were made in order, five of those from Republican sponsors. This was
a very fair rule and a very fair process.
My district and the State of Colorado are tied closely to the lands
and landscapes that our citizens interact with on a daily basis. These
landscapes are majestic and rugged, and define the character of
Colorado. The FLAME Act ends a cycle of growing costs for fighting
wildfires. These costs are draining the coffers of our Federal land
management agencies.
The character of our wilderness is being tested every summer when
districts like mine and many others face the threat of wildfires, and
anxiety grows in the minds of mountain residents and local communities.
This anxiety has grown in recent years due to the health of forests,
which has worsened.
Mr. Speaker, the FLAME Act is a bill of personal interest to me and
the residents of Colorado. My district, like many Western districts, is
dealing with a mountain pine beetle outbreak of catastrophic
proportions. This outbreak has killed millions of acres of lodgepole
pines, altering the landscape, and has put more Colorado, New Mexico,
Wyoming, Montana, and Idaho communities at risk of wildfire.
I bring your attention to this picture. This is some land in my
district in Grand County near Granby, Colorado. My district has many
tourists coming through it; and I have Vail, Beaver Creek, Copper
Mountain, Winter Park. Recently, I had somebody who came through in
July and noticed that many of our trees were red and said, ``Fall comes
early in Colorado.'' I had to respond that, ``No, it is not fall. Our
trees are dying.'' This is a typical landscape across many parts of the
Mountain West of Colorado. The red trees are actually dead or in the
process of dying, having been felled by the pine beetle. The danger is
that when we have a forest of dead trees, it is in effect a tinderbox
and is a major forest fire risk.
This bill includes amendments in the underlying language that free up
resources to help address the underlying causes of forest fires rather
than just after the fact dealing with emergencies.
The culprit in this particular case, the mountain pine beetle, a
small little fellow, dendroctonus ponderosae. I have some here, life-
size. Again, not just affecting Colorado, but affecting many areas of
our Mountain West; and, in addition to the devastation of our forests,
visually and ecologically, creating a very real risk of forest fires,
which this bill gives us the ability to begin to address.
Our land management agencies are working quickly to reduce the
potential fire risks where communities and wildlands come face to face.
These wildland-urban interface zones, or WUI zones, are critical in
decreasing the number and threat of catastrophic wildfires. But our
agencies simply don't have the resources to effectively respond to the
risk or the increased risk because of the changes. The Forest Service
and Bureau of Land Management have multiple environmentally friendly
projects simply waiting to be funded.
Fire suppression costs have increased with alarming speed in recent
years. In 2008, fire suppression costs consumed 46 percent of the
Forest Service's budget compared to 13 percent in 1991. The account
established in the FLAME Act frees up capital and resources for needed
and lasting forest health improvements.
Mr. Speaker, the beetle epidemic in the West puts Coloradans on the
front lines of changing climate, which only further strains our
national land management budgets. Across the Nation, climate and
weather modeling shows our future to be growing both drier and hotter.
These models point to extreme intense thunderstorms with insufficient
quantities of rain.
Our communities deserve a land management policy that not only
reflects crucial priorities, but is unimpeded by the costs of frequent
and overwhelming fires and the crises that arise from time to time. Our
policy needs to make sure that, as these fires grow in scope and
number, we are not forced to make hard choices between money and
safety, between dealing with catastrophes and preventing them from
occurring. This is exactly what this legislation is designed to do.
The FLAME Act addresses the anxiety of our communities by removing
hurdles that currently restrict the Forest Service and BLM's ability to
proceed with projects. By establishing the FLAME fund, this bill
separates the increasing costs of fighting fires from the annual budget
that agencies rely on for maintenance and mitigation. This bill keeps
the critical budget of--our Forest Service from being consumed by
potentially just one or two major wildfires each year.
Mr. Speaker, this bill has gained the support of every
environmentally conscious constituency, from land management agencies
to environmental and community leaders to local governments. It has
garnered bipartisan support, as reported out of the Natural Resources
Committee in the 110th Congress by a voice vote.
Mr. Speaker, I want to reiterate the importance and the critical
nature of this legislation to thousands of communities like mine across
the Nation and to millions of acres of our public lands. This is an
excellent opportunity to provide necessary resources to our Forest
Service and BLM so they can do the work that they are meant to do, and
prevent forest fires from occurring. I urge passage of the bill and the
rule.
I reserve the balance of my time.
Mr. LINCOLN DIAZ-BALART of Florida. Mr. Speaker, I would like to
thank my friend, the gentleman from Colorado (Mr. Polis) for the time,
and I yield myself such time as I may consume.
With the serious conditions in our Nation's forests, drought and more
and more development closer to our forests, the size and severity of
wildfires have dramatically increased. The costs to our public lands,
wildlife, private property, and, most importantly, to human life have
been tragic.
Federal fire suppression spending has grown substantially over the
past several years, with approximately 48 percent of the Department of
Agriculture's Forest Service budget now accounting for these
activities. Just over a decade ago, only 18 percent of the Forest
Service budget was dedicated to fire suppression. Much to the detriment
of other important programs, the Forest Service and the Department of
the Interior have been forced to borrow funds from other agency
accounts to cover these emergency costs. When agencies transfer funds
from other accounts, they must reimburse those accounts when additional
funds become available, usually through emergency supplement
appropriations.
This legislation that is being brought to the floor today establishes
a fund
[[Page 8740]]
that will be separate from budgeted wildland fire suppression funding
for the Forest Service and the Department of the Interior. This fund
will only be used for the suppression of catastrophic emergency
wildland fires. The annual agency budgets will continue to fund
anticipated and predicted wildland fire suppression activities. Thus,
this fund will help ensure that fire prevention resources of the Forest
Service and the Department of the Interior are not completely
overwhelmed by emergency firefighting expenses. Appropriations for the
fund will be based on the average costs incurred by these agencies to
suppress catastrophic emergency wildland fires over the proceeding 5
fiscal years.
Although I support the underlying legislation, I know there is
concern that the legislation is reactive and not proactive. A number of
Members in the minority have expressed their concern that the
legislation only addresses one aspect of the problem, the suppression
funding side, without providing real relief and dealing with the
underlying problem to help prevent wildfires. I hope that the Natural
Resources Committee will review these concerns and work to prevent
these devastating fires.
Last week, I had the honor of addressing the International
Association of Firefighters, IAFF. It was a great honor to stand before
those courageous men and women to thank them for their noble service to
the Nation. Firefighters put their lives in danger in order to rescue
their fellow citizens from peril and to protect our communities. Our
heartfelt gratitude goes out to them, and I am pleased that the
underlying legislation recognizes the selfless acts of bravery of these
men and women by ensuring that our firefighters have the resources
necessary and readily available to combat the catastrophic fires that
ravage our public lands and threaten surrounding communities.
I would like to thank Chairman Rahall and Ranking Member Hastings for
their bipartisan work on the legislation. Unfortunately, in what is
becoming quite a familiar pattern, the House majority leadership and
the majority on the Rules Committee continue to block an open debate
even on noncontroversial legislation.
This legislation passed the House of Representatives by a unanimous
voice vote last Congress. That vote clearly shows that this legislation
has broad support from both sides of the aisle. Yet, the majority is
apparently so afraid of losing control of the debate that even on
something with obvious consensus support the majority blocks Members
from offering amendments to improve the legislation.
I reviewed some of the amendments blocked by the majority, and I
cannot understand what is so objectionable. One amendment, for example,
by Representative Herger would have required that any wildlife
suppression funds in excess of amounts annually appropriated be made
available for hazardous fuels reduction projects. Another amendment by
Ranking Member Hastings that was blocked would have included fire
prevention activities as part of the fire management strategy.
Mr. Speaker, I am not going to go into the rest of the amendments,
but none of them seem so objectionable that the House should be
prevented from even considering them. The pattern is clear. The pattern
of procedural unfairness by this majority continues. It is petty and it
is unfortunate.
I reserve the balance of my time.
Mr. POLIS. Mr. Speaker, of the 16 amendments that were germane and
were offered, 13 were made in order, and indeed five of those were by
Republican sponsors. And I know that the Rules Committee did give every
consideration to amendments from both sides and indeed allow a
reasonable number for discussion.
{time} 1430
The issue is an urgent one. By freeing up the pot of money that is
otherwise able to be used for single events or catastrophes as
sometimes in the past it has been used for one or two events, it
prevents ongoing forest maintenance and prevention activities. As my
colleague from Florida mentioned, this bill does have strong bipartisan
support. I too would like to applaud Chairman Rahall and Ranking Member
Hastings for their work in bringing this bill before us.
Not only my district, but many other parts of the country deserve a
better equipped agency that can work to address the challenges faced by
our communities on public lands. The pine beetle epidemic will leave an
increased risk of forest fire for many years to come. And the further
effects of climate change will put many more strains on our ecosystems
and the economy, not just in Colorado, not just for the southern pine
beetle in Florida, not just in areas that are currently affected, but
indeed in public lands and areas across our great Nation. In many ways,
this is one of the costs of climate change which this body talks about
in other pieces of legislation from time to time.
I would like to reserve the balance of my time.
Mr. LINCOLN DIAZ-BALART of Florida. Mr. Speaker, it is my privilege
to yield such time as he may consume to my friend, the former member of
the Rules Committee, who now is the ranking member of the Resources
Committee, Mr. Hastings of Washington.
Mr. HASTINGS of Washington. Mr. Speaker, I want to thank my good
friend and former seatmate on the Rules Committee for yielding the
time.
Mr. Speaker, while I support the underlying goals and indeed the idea
of this bill, I have fundamental concerns with what is lacking in both
the bill and the rule.
This rule and bill have focused on clearing up how to budget for
fighting forest fires. That is good. But the Democrat leadership is
averting its eyes and its legislative power from the need to prevent
forest fires from happening in the first place.
Under the Democrat majority, not a single hearing has been held on
wildland fire prevention in this Congress, and only one hearing was
held in the last Congress. Hundreds of millions of dollars have been
provided to place more forested land under Federal control. But little
has been allocated to actively manage these lands or help the Forest
Service and Department of the Interior clear areas and create firewalls
between populated areas and potential tinder boxes.
I note that while this rule has been much more generous, and
sometimes when I say that with all the closed rules we have had, even
one amendment would be generous, but while this rule has been much more
generous in making amendments in order than recent examples, of the
five amendments that I filed, the two which explicitly address fire
prevention were not allowed by the Rules Committee, as was Congressman
Herger's amendment, a commonsense, budget-neutral one that the
gentleman from Florida pointed out would simply say excess funds in
this account should go to fire prevention.
I don't understand what is wrong with even debating it. Keep in mind,
Mr. Speaker, when we allow these amendments to be made in order, we are
not saying they are going to pass. We are simply going to say that they
will be made in order to debate. Why wouldn't we want to have a debate
that says we have excess funds, and if there is no fires, so there is
some funds left over, we will put that in fire prevention? Why, for
goodness' sakes, could we not even debate something like that on the
floor? But that seems to be a pattern, unfortunately, in this Congress.
Mr. Speaker, we immunize our children to prevent illnesses and
suffering. We treat our homes for termites and other pests to save us
from expensive extermination and repairs down the line. Farmers spray
their crops to prevent plant disease and infestation and to produce
healthy products. Why can't we extend the same principle to our
forests? Preventing devastating forest fires or reducing their severity
will save money, property and even lives.
I note that my friend from Colorado in his opening remarks made
mention of a forest that is devastated by a beetle. There is nothing in
this bill that prevents the beetle infestation. Now
[[Page 8741]]
there are some amendments that may address, and frankly my amendments
that I wanted to offer would address it more fully. I think that this
bill of carving out something to say that the Forest Service or anybody
that fights forest fires will have a dedicated sum of money to fund
those, I think that is good policy. But, once again, this does not
address the underlying issues, and that is really where we should be
focusing.
So I hope in the future my majority colleagues will heed the words of
the beloved icon of the Forest Service, Smokey the Bear, when he says,
``Only you can prevent forest fires.''
With that, I thank the gentleman for yielding.
Mr. POLIS. Mr. Speaker, the gentleman from Washington had three
amendments that were ruled in order of the several he submitted before
the Rules Committee, and those, of course, will be given consideration.
There are also two amendments that directly relate to our friends, the
invasive species in this case, dendroctonus ponderosae, and other
species in other areas.
Mr. HASTINGS of Washington. Will the gentleman yield?
Mr. POLIS. Yes.
Mr. HASTINGS of Washington. I appreciate the gentleman yielding. And
I'm very thankful that you made three of my amendments in order. But as
I explained in my remarks regarding the Herger amendment, when you make
an amendment in order, you are not ensuring its passage. All you are
ensuring is you are going to have a debate on the issue. And so I
wonder why you wouldn't, because there were some 20 amendments, why
didn't you make them all in order and then we would have a debate on
all of them.
Mr. POLIS. Reclaiming my time, of all individuals, those who have
served on the Rules Committee are well aware of the functions of that
committee and have, in fact, in previous sessions of Congress
undertaken even more severe restrictions on a number of bills. Again,
with regard to allowing 13 of the 16 amendments that were germane I
think is an excellent example of the Rules Committee not only doing
their job but actually working to improve the bill.
Our land management agencies shouldn't have to choose between
fighting fires and preventing them or preparing our communities or
promoting healthier forests. Our agencies should be given the tools
that allow them to fulfill their mission statements, protecting our
forests and serving our communities. The FLAME Act addresses these
problems by providing a source of emergency funds to suppress severe
fires that pose a threat to life and property. It ensures that during
fire-fighting seasons when the agencies' budgeted fire suppression
funds are exhausted, they won't be forced to cut other vital projects,
indeed prevention-related and forest health-related projects as a
result.
I would like to reserve the balance of my time.
Mr. LINCOLN DIAZ-BALART of Florida. I yield such time as he may
consume to the distinguished gentleman from Washington (Mr. Hastings).
Mr. HASTINGS of Washington. I thank the gentleman for yielding, and I
wish my friend from Colorado had yielded to me.
He is right. I served on the Rules Committee for 12 years. And I
understand what it is like for the majority to have to control their
agenda. I fully understand that. But this is the people's House. And we
ought to be able to debate issues on where there may be some
disagreement.
Now you're a new Member here. I hope that at some time you will
enjoy, and I say that in all sincerity, enjoy having a bill on the
floor under an open rule to debate under the 5-minute rule. Now I'm not
sure if you know what that is, but that allows every Member to speak
for 5 minutes on a rule for unlimited time. I see my friend from
California (Mr. Miller) sitting here. And I remember in my first term
in 1995, we had some humongous debates on the floor here on forest
lands, probably some other things. And those debates went well into the
night. I remember very specifically. And at end of the day, we voted.
And one side won and one side lost, and we went on to the next issue.
But the pattern in this Congress has been not even to have a debate. I
don't expect you to totally agree with me. You're new here. Maybe you
ought to go back and look at some debates that we have had in the past
or look at some rules.
We are coming to a time here in this process where we call
appropriations season. Appropriations season has historically been a
time when there is open debate. Now, I hope I am wrong. I hope I am
wrong. But I suspect that the Rules Committee will come up with what
they call preprinting requirement open rules. Well, that is not an open
rule. Just by definition, if you have a preprinting requirement, how
can it be open? But I suspect that that is what is going to happen.
And so, one more step here where the people, I think, will be denied
access to their Members, their Representatives having access to an open
debate. It just seems to me that we have gone through this year in the
ruckus we had on the floor with AIG last week, oh, my gosh, we were
shocked because of that provision that was in the bill. It was an
1,100-page bill under which we had absolutely no chance to read it.
Now, clearly, people on your side of the aisle didn't read it.
Clearly, people in the other body didn't read it, because the whole
debate on that was, my goodness, how could these AIG executives get the
bonuses?
And what is ironic about this, we found out now that one Senator
admitted, yes, in fact, I did put that provision in there at the
beckoning of the administration. We still don't know who in the
administration told that Senator that that provision should be in
there. But I only make that observation because it seems to me we
should learn. We should learn that some of these things don't work
good. Because the laws that we are passing are affecting all Americans.
And if we have to come back and say, goodness, we didn't know that was
in a particular bill, that doesn't do justice to what we as
representatives, people's representatives, should be doing in this
House.
So I'm pleased that at least some of my amendments were made in
order. I wish they all could have been made in order. I would have
taken the consequences if the majority of my colleagues didn't agree
with my approach to that. I would hope to have an opportunity to at
least debate that. But I wasn't allowed that opportunity. And I think
that is a bad trend in this House, and I hope it gets more open. But I
suspect that will not be the case.
With that, Mr. Speaker, I thank my friend for yielding.
Announcement By the Speaker Pro Tempore
The SPEAKER pro tempore. Members are reminded to address their
remarks to the Chair.
Mr. POLIS. Mr. Speaker, I was beginning to wonder when our friends
would try to connect AIG with forest health and preventing forest
fires. Indeed we did not have to wait too long.
This bill promotes accountability by requiring the Secretaries of
Agriculture and Interior to monitor their accounts and anticipate
relevant costs. This is a valuable tool in the long term to improve the
efficacy and sustainability of our public lands management. We will
note that the arguments being made are purely procedural. We should not
allow these procedural issues to get in the way of what is
substantively agreed on.
I have heard very positive comments with regard to the substance of
this bill from both sides of the aisle, indeed giving our land
management agencies the flexibility they need to make sure that their
budgets are not consumed by signal events and to focus on what they
need to do and are, in fact, required to do under law in terms of
forest management and forest fire risk mitigation.
For nearly a decade, the GAO has called for our agencies to draft a
strategy which will identify agencies to environmental and community
leaders alike. This bill has garnered strong bipartisan support, and it
was reported, as I mentioned before, by a voice vote from the Natural
Resources Committee.
[[Page 8742]]
I want to reiterate the importance of this legislation to thousands
of communities across the Nation and to millions upon millions of acres
of public lands. This is an excellent opportunity to provide the
necessary resources to our Forest Service so they can do the work they
are meant to do and indeed must do.
I urge the passage of the bill and the rule.
I would inquire if the gentleman from Florida has any remaining
speakers.
Mr. LINCOLN DIAZ-BALART of Florida. I don't have any other speakers,
but I have not yielded back.
Mr. POLIS. I would like to reserve the balance of my time.
Mr. LINCOLN DIAZ-BALART of Florida. Mr. Speaker, I have appreciated
this discussion, and again, I thank Ranking Member Hastings for having
come down during the time of debate on the rule. He has perhaps a very
unique perspective having served on the Rules Committee for so many
years. He knows the importance of process to the functioning of the
House. And in addition, obviously, now he is an expert, he always has
been, but especially now that he is day in and day out working on these
issues in the Resources Committee, he is very much an expert on the
underlying legislation.
Hearing the discussion, one thing comes to mind. Mr. Hastings
pointed, Mr. Speaker, to the fact that we recognize, and I agree with
him, we recognize that the majority obviously has a right to carry
forth its agenda and obviously a right under the rules to pass out
resolutions establishing the framework for debate. But some things I
think are important to point out with regard to that. In this Congress,
I mentioned there has been a pattern, really an excessive pattern. I
don't believe we have passed out an open rule.
{time} 1445
In other words, I don't think any legislation in this Congress; am I
correct? I don't remember any open rules. That's really breaking with
tradition.
Let me explain that, Mr. Speaker. Open rules are, as Mr. Hastings
said, frameworks by which bills are brought to the floor, where any
Member can have an amendment, and any Member can speak on any
amendment, for 5 minutes. And we have not seen that at all in this
Congress. Now, that is a very significant and, I believe, unfair
pattern that's been set.
Now, even having said that, there is another point that I think
should be brought out. And I think our colleague from Massachusetts
(Mr. Frank) has made this point more than once, and I think he's made
it very eloquently. Issues of genuine contention, all of such issues
should be able to be debated.
Now, in other words, if the majority doesn't want to have an open
rule, doesn't want every amendment possible to be presented, at least
issues of contention that were taken before the Rules Committee in the
form of amendments should be allowed to be heard.
Mr. Hastings has pointed out that there is an issue in this with
regard to this legislation, and this is consensus legislation. The
underlying legislation has support from both sides of the aisle. But
there is an issue of contention that was brought before the committee,
and that is on fire prevention.
Apparently, and I'm not an expert on this area. But apparently, there
are objections from the extreme environmental lobby with regard to fire
prevention being able to be debated. And the majority party, listening
to that extreme lobby, has not allowed that issue of contention which
should be brought before this floor to be even debated. And I think
that's unfortunate.
So beyond even the pattern of unfairness that has been set by this
majority, where not even one piece of legislation has been brought
under an open rule where everybody can file, every Member of this House
can file amendments, beyond that even, significant issues of contention
that Mr. Frank of Massachusetts has made clear, and I've heard him.
He's been very explicit and, I think, eloquent when he said, no, no,
all such issues of contention should be allowed by the Rules Committee.
And he's gone so far even to protest his own leadership excluding
genuine issues of contention from prior bills brought before this
House, and I think that he deserves commendation for that.
So, here's another example. Mr. Hastings talks about an issue of
contention that has been shut out by the Rules Committee. So yes, Mr.
Hastings may have had three amendments made in order, but two
amendments that deal with the issues of contention have not been made
in order, and that's unfortunate. That's what I'm saying with regard to
it being, I believe, unfortunate to see unnecessary, totally
unnecessary closing of the process, shutting out debate by the
majority, even on noncontroversial underlying pieces of legislation
like the one we're bringing to the floor today.
So we have no further speakers. Again, I thank my friend from
Colorado for his courtesy.
At this time, since we have no further speakers, we yield back the
balance of our time.
Mr. POLIS. Mr. Speaker, I believe that it is noteworthy of the issues
raised by our friends, none speak to the lack of merit of this bill or,
indeed, the 13 amendments that are allowed under this rule which will
be subsequently discussed. We must make sure that substance takes
priority over procedural processes which could otherwise delay a
critical bill for the management of our public lands.
Our public lands management agencies remain constrained every day by
the costs of fighting wildfires, which will only worsen in coming years
from a changing climate and increasing fuel load.
Some critics may point fingers, but today we stand here with an
intelligent, well-designed, responsible and bipartisan solution that
puts our taxpayer money to good use by protecting our communities and
preserving our national treasures.
This rule allows for 13 amendments, including five from the minority
party, and has given fair and due consideration to all the ideas that
have been promoted to enhance this legislation, including many that
actually impact, at least two amendments that reflect invasive species
such as the pine beetle.
Thank you, Mr. Speaker. I urge a ``yes'' vote on the previous
question and the rule.
I yield back the balance of my time, and I move the previous question
on the resolution.
The previous question was ordered.
The SPEAKER pro tempore. The question is on the resolution.
The question was taken; and the Speaker pro tempore announced that
the ayes appeared to have it.
Mr. POLIS. Mr. Speaker, on that I demand the yeas and nays.
The yeas and nays were ordered.
The SPEAKER pro tempore. Pursuant to clause 8 of rule XX, further
proceedings on this question will be postponed.
____________________
MESSAGE FROM THE SENATE
A message from the Senate by Ms. Curtis, one of its clerks, announced
that the Senate has agreed to a concurrent Resolution of the following
title in which the concurrence of the House is requested:
S. Con. Res. 12. Concurrent resolution recognizing and
honoring the signing by President Abraham Lincoln of the
legislation authorizing the establishment of collegiate
programs at Gallaudet University.
The message also announced that pursuant to Public Law 101-509, the
Chair, on behalf of the Secretary of the Senate, announces the
appointment of Sheryl B. Vogt, of Georgia, to the Advisory Committee on
Records of Congress.
The message also announced that pursuant to Public Law 111-5, the
Chair, on behalf of the Majority Leader, appoints the following
individual to the Health Information Technology Policy Committee: Dr.
Frank Nemec of Nevada.
____________________
RAISING A QUESTION OF THE PRIVILEGES OF THE HOUSE
Mr. FLAKE. Mr. Speaker, I rise to a question of the privileges of the
House
[[Page 8743]]
and offer the resolution previously noticed.
The SPEAKER pro tempore. The Clerk will report the resolution.
The Clerk read as follows:
H. Res. 286
Whereas, The Hill reported that a prominent lobbying firm
specializing in obtaining defense earmarks for its clients,
the subject of a ``federal investigation into potentially
corrupt political contributions,'' has given $3.4 million in
political donations to no less than 284 Members of Congress.
Whereas, multiple press reports have noted questions
related to campaign contributions made by or on behalf of the
firm; including questions related to ``straw man''
contributions, the reimbursement of employees for political
giving, pressure on clients to give, a suspicious pattern of
giving, and the timing of donations relative to legislative
activity.
Whereas, Roll Call has taken note of the timing of
contributions from employees of the firm and its clients when
it reported that they ``have provided thousands of dollars
worth of campaign contributions to key Members in close
proximity to legislative activity, such as the deadline for
earmark request letters or passage of a spending bill.''
Whereas, CQ Today specifically noted a Member getting
``$25,000 in campaign contribution money from [the founder of
the firm] and his relatives right after his subcommittee
approved its spending bill in 2005.''
Whereas, the Associated Press also noted that Members
received campaign contributions from employees of the firm
``around the time they requested'' earmarks for companies
represented by the firm.
Whereas, clients of the firm received at least $300 million
worth of earmarks in fiscal year 2009 appropriations
legislation, including several that were approved even after
news of the FBI raid of the firm's offices and Justice
Department investigation into the firm was well known.
Whereas, the persistent media attention focused on
questions about the nature and timing of campaign
contributions related to the firm, as well as reports of the
Justice Department conducting research on earmarks and
campaign contributions, raise concern about the integrity of
Congressional proceedings and the dignity of this
institution.
Now, therefore, be it Resolved, That
(a) the Committee on Standards of Official Conduct, or a
subcommittee of the committee designated by the committee and
its members appointed by the chairman and ranking member,
shall immediately begin an investigation into the
relationship between the source and timing of past
contributions to Members of the House related to the raided
firm and earmark requests made by Members of the House on
behalf of clients of the raided firm.
(b) The Committee on Standards of Official Conduct shall
submit a report of its findings to the House of
Representatives within 2 months after the date of adoption of
this resolution.
The SPEAKER pro tempore. The resolution qualifies.
Motion to Table
Mr. GEORGE MILLER of California. Mr. Speaker, I move to lay the
resolution on the table.
The SPEAKER pro tempore. The question is on the motion to table.
The question was taken; and the Speaker pro tempore announced that
the ayes appeared to have it.
Mr. FLAKE. Mr. Speaker, on that I demand the yeas and nays.
The yeas and nays were ordered.
The SPEAKER pro tempore. Pursuant to clause 8 of rule XX, this 15-
minute vote on tabling House Resolution 286 will be followed by a 5-
minute vote on adopting House Resolution 281.
The vote was taken by electronic device, and there were--yeas 223,
nays 182, answered ``present'' 16, not voting 10, as follows:
[Roll No. 155]
YEAS--223
Abercrombie
Ackerman
Adler (NJ)
Altmire
Andrews
Arcuri
Baca
Baird
Baldwin
Barrow
Becerra
Berkley
Berman
Berry
Bishop (GA)
Bishop (NY)
Blumenauer
Boren
Boswell
Boucher
Boyd
Brady (PA)
Braley (IA)
Brown, Corrine
Capps
Capuano
Cardoza
Carnahan
Carney
Carson (IN)
Childers
Clarke
Clay
Cleaver
Clyburn
Cohen
Connolly (VA)
Conyers
Cooper
Costa
Costello
Courtney
Crowley
Cuellar
Cummings
Dahlkemper
Davis (AL)
Davis (CA)
Davis (IL)
Davis (TN)
DeFazio
DeGette
Delahunt
DeLauro
Dicks
Dingell
Doggett
Doyle
Driehaus
Edwards (MD)
Edwards (TX)
Ellison
Eshoo
Etheridge
Farr
Fattah
Filner
Frank (MA)
Fudge
Gonzalez
Gordon (TN)
Grayson
Green, Al
Green, Gene
Griffith
Grijalva
Gutierrez
Hall (NY)
Hare
Harman
Hastings (FL)
Heinrich
Higgins
Hinchey
Hinojosa
Hirono
Holden
Holt
Honda
Hoyer
Inslee
Israel
Jackson (IL)
Jackson-Lee (TX)
Johnson (GA)
Johnson, E. B.
Jones
Kagen
Kanjorski
Kaptur
Kennedy
Kildee
Kilpatrick (MI)
Kilroy
Kissell
Klein (FL)
Kratovil
Kucinich
Langevin
Larsen (WA)
Larson (CT)
Lee (CA)
Levin
Lewis (GA)
Lipinski
Lowey
Lujan
Lynch
Maffei
Maloney
Markey (CO)
Markey (MA)
Marshall
Massa
Matheson
Matsui
McCarthy (NY)
McCollum
McDermott
McGovern
McMahon
Meek (FL)
Meeks (NY)
Michaud
Miller (NC)
Miller, George
Mollohan
Moore (KS)
Moore (WI)
Moran (VA)
Murphy (CT)
Murphy, Patrick
Murphy, Tim
Murtha
Nadler (NY)
Napolitano
Neal (MA)
Nye
Oberstar
Obey
Ortiz
Pallone
Pascrell
Pastor (AZ)
Payne
Perlmutter
Peters
Peterson
Pingree (ME)
Polis (CO)
Pomeroy
Price (NC)
Rahall
Rangel
Reyes
Richardson
Rodriguez
Rohrabacher
Ross
Rothman (NJ)
Roybal-Allard
Ruppersberger
Rush
Ryan (OH)
Salazar
Sanchez, Linda T.
Sanchez, Loretta
Sarbanes
Schakowsky
Schauer
Schiff
Schrader
Schwartz
Scott (GA)
Scott (VA)
Serrano
Sestak
Shea-Porter
Sherman
Shuler
Sires
Skelton
Slaughter
Snyder
Space
Speier
Spratt
Stark
Stupak
Sutton
Tanner
Tauscher
Taylor
Thompson (CA)
Thompson (MS)
Tierney
Titus
Tonko
Towns
Tsongas
Van Hollen
Velazquez
Wasserman Schultz
Watson
Watt
Waxman
Weiner
Wexler
Wilson (OH)
Woolsey
Wu
Yarmuth
Young (AK)
NAYS--182
Aderholt
Akin
Alexander
Austria
Bachmann
Bachus
Bartlett
Barton (TX)
Bean
Biggert
Bilbray
Bilirakis
Bishop (UT)
Blackburn
Blunt
Boccieri
Boehner
Bono Mack
Boozman
Boustany
Brady (TX)
Bright
Broun (GA)
Brown (SC)
Brown-Waite, Ginny
Buchanan
Burgess
Burton (IN)
Buyer
Calvert
Camp
Campbell
Cao
Capito
Carter
Cassidy
Castle
Chaffetz
Coble
Coffman (CO)
Cole
Crenshaw
Culberson
Davis (KY)
Diaz-Balart, M.
Donnelly (IN)
Dreier
Duncan
Ehlers
Ellsworth
Emerson
Fallin
Flake
Fleming
Forbes
Fortenberry
Foster
Foxx
Franks (AZ)
Frelinghuysen
Gallegly
Garrett (NJ)
Gerlach
Giffords
Gingrey (GA)
Gohmert
Goodlatte
Granger
Graves
Guthrie
Hall (TX)
Halvorson
Harper
Heller
Hensarling
Herger
Herseth Sandlin
Hill
Himes
Hodes
Hoekstra
Hunter
Inglis
Issa
Jenkins
Johnson (IL)
Johnson, Sam
Jordan (OH)
Kind
King (IA)
King (NY)
Kingston
Kirk
Kirkpatrick (AZ)
Kosmas
Lamborn
Lance
LaTourette
Latta
Lee (NY)
Lewis (CA)
Linder
LoBiondo
Loebsack
Lucas
Luetkemeyer
Lummis
Lungren, Daniel E.
Mack
Manzullo
Marchant
McCarthy (CA)
McCaul
McClintock
McCotter
McHenry
McHugh
McIntyre
McKeon
McMorris Rodgers
McNerney
Mica
Miller (FL)
Miller (MI)
Minnick
Mitchell
Moran (KS)
Neugebauer
Nunes
Olson
Paul
Paulsen
Pence
Perriello
Petri
Pitts
Platts
Posey
Price (GA)
Putnam
Radanovich
Rehberg
Reichert
Roe (TN)
Rogers (AL)
Rogers (KY)
Rogers (MI)
Rooney
Ros-Lehtinen
Roskam
Royce
Ryan (WI)
Scalise
Schmidt
Schock
Sensenbrenner
Sessions
Shadegg
Shimkus
Simpson
Smith (NE)
Smith (NJ)
Smith (TX)
Smith (WA)
Stearns
Sullivan
Teague
Terry
Thompson (PA)
Thornberry
Tiahrt
Tiberi
Turner
Upton
Visclosky
Walz
Wamp
Whitfield
Wilson (SC)
Wittman
Wolf
Young (FL)
ANSWERED ``PRESENT''--16
Barrett (SC)
Bonner
Butterfield
Castor (FL)
Chandler
Conaway
Dent
Diaz-Balart, L.
Hastings (WA)
Kline (MN)
Latham
Lofgren, Zoe
Myrick
Poe (TX)
Walden
Welch
NOT VOTING--10
Cantor
Deal (GA)
Engel
Melancon
Miller, Gary
Olver
Shuster
Souder
Waters
Westmoreland
{time} 1520
Messrs. COFFMAN of Colorado, SMITH of Nebraska and LOEBSACK changed
their vote from ``yea'' to ``nay.''
Mr. LUJAN changed his vote from ``nay'' to ``yea.''
Mr. WELCH changed his vote from ``yea'' to ``present.''
Mrs. MYRICK changed her vote from ``nay'' to ``present.''
So the motion to table was agreed to.
The result of the vote was announced as above recorded.
[[Page 8744]]
A motion to reconsider was laid on the table.
____________________
PROVIDING FOR CONSIDERATION OF H.R. 1404, FEDERAL LAND ASSISTANCE,
MANAGEMENT AND ENHANCEMENT ACT
The SPEAKER pro tempore. The unfinished business is the vote on
adoption of House Resolution 281, on which the yeas and nays were
ordered.
The Clerk read the title of the resolution.
The SPEAKER pro tempore. The question is on the resolution.
This will be a 5-minute vote.
The vote was taken by electronic device, and there were--yeas 248,
nays 175, not voting 8, as follows:
[Roll No. 156]
YEAS--248
Abercrombie
Ackerman
Adler (NJ)
Altmire
Andrews
Arcuri
Baca
Baird
Baldwin
Barrow
Bean
Becerra
Berkley
Berman
Berry
Bishop (GA)
Bishop (NY)
Blumenauer
Boccieri
Boren
Boswell
Boucher
Boyd
Brady (PA)
Braley (IA)
Bright
Brown, Corrine
Butterfield
Capps
Capuano
Cardoza
Carnahan
Carney
Carson (IN)
Castor (FL)
Chandler
Childers
Clarke
Clay
Cleaver
Clyburn
Cohen
Connolly (VA)
Conyers
Cooper
Costa
Costello
Courtney
Crowley
Cuellar
Cummings
Dahlkemper
Davis (AL)
Davis (CA)
Davis (IL)
Davis (TN)
DeFazio
DeGette
Delahunt
DeLauro
Dicks
Dingell
Doggett
Doyle
Driehaus
Edwards (MD)
Edwards (TX)
Ellison
Ellsworth
Eshoo
Etheridge
Farr
Fattah
Filner
Foster
Frank (MA)
Fudge
Giffords
Gonzalez
Gordon (TN)
Grayson
Green, Al
Green, Gene
Griffith
Grijalva
Gutierrez
Hall (NY)
Halvorson
Hare
Harman
Hastings (FL)
Heinrich
Herseth Sandlin
Higgins
Himes
Hinchey
Hinojosa
Hirono
Hodes
Holden
Holt
Honda
Hoyer
Inslee
Jackson (IL)
Jackson-Lee (TX)
Johnson (GA)
Johnson, E. B.
Kagen
Kanjorski
Kaptur
Kennedy
Kildee
Kilpatrick (MI)
Kilroy
Kind
Kirkpatrick (AZ)
Kissell
Klein (FL)
Kosmas
Kratovil
Kucinich
Langevin
Larsen (WA)
Larson (CT)
Lee (CA)
Levin
Lewis (GA)
Lipinski
Loebsack
Lofgren, Zoe
Lowey
Lujan
Lynch
Maffei
Maloney
Markey (CO)
Markey (MA)
Marshall
Massa
Matheson
Matsui
McCarthy (NY)
McCollum
McDermott
McGovern
McIntyre
McMahon
McNerney
Meek (FL)
Meeks (NY)
Melancon
Michaud
Miller (NC)
Miller, George
Minnick
Mitchell
Mollohan
Moore (KS)
Moore (WI)
Moran (VA)
Murphy (CT)
Murphy, Patrick
Murtha
Nadler (NY)
Napolitano
Neal (MA)
Nye
Oberstar
Obey
Ortiz
Pallone
Pascrell
Pastor (AZ)
Payne
Perlmutter
Perriello
Peters
Peterson
Pingree (ME)
Polis (CO)
Pomeroy
Price (NC)
Rahall
Rangel
Reyes
Richardson
Rodriguez
Ross
Rothman (NJ)
Roybal-Allard
Ruppersberger
Rush
Ryan (OH)
Salazar
Sanchez, Linda T.
Sanchez, Loretta
Sarbanes
Schakowsky
Schauer
Schiff
Schrader
Schwartz
Scott (GA)
Scott (VA)
Serrano
Sestak
Shea-Porter
Sherman
Shuler
Sires
Skelton
Slaughter
Smith (WA)
Snyder
Space
Speier
Spratt
Stark
Stupak
Sutton
Tanner
Tauscher
Taylor
Teague
Thompson (CA)
Thompson (MS)
Tierney
Titus
Tonko
Towns
Tsongas
Van Hollen
Velazquez
Visclosky
Walz
Wasserman Schultz
Waters
Watson
Watt
Waxman
Weiner
Welch
Wexler
Wilson (OH)
Woolsey
Wu
Yarmuth
NAYS--175
Aderholt
Akin
Alexander
Austria
Bachmann
Bachus
Barrett (SC)
Bartlett
Barton (TX)
Biggert
Bilbray
Bilirakis
Bishop (UT)
Blackburn
Blunt
Boehner
Bonner
Bono Mack
Boozman
Boustany
Brady (TX)
Broun (GA)
Brown (SC)
Brown-Waite, Ginny
Buchanan
Burgess
Burton (IN)
Buyer
Calvert
Camp
Campbell
Cao
Capito
Carter
Cassidy
Castle
Chaffetz
Coble
Coffman (CO)
Cole
Conaway
Crenshaw
Culberson
Davis (KY)
Dent
Diaz-Balart, L.
Diaz-Balart, M.
Donnelly (IN)
Dreier
Duncan
Ehlers
Emerson
Fallin
Flake
Fleming
Forbes
Fortenberry
Foxx
Franks (AZ)
Frelinghuysen
Gallegly
Garrett (NJ)
Gerlach
Gingrey (GA)
Gohmert
Goodlatte
Granger
Graves
Guthrie
Hall (TX)
Harper
Hastings (WA)
Heller
Hensarling
Herger
Hill
Hoekstra
Hunter
Inglis
Issa
Jenkins
Johnson (IL)
Johnson, Sam
Jones
Jordan (OH)
King (IA)
King (NY)
Kingston
Kirk
Kline (MN)
Lamborn
Lance
Latham
LaTourette
Latta
Lee (NY)
Lewis (CA)
Linder
LoBiondo
Lucas
Luetkemeyer
Lummis
Lungren, Daniel E.
Mack
Manzullo
Marchant
McCarthy (CA)
McCaul
McClintock
McCotter
McHenry
McHugh
McKeon
McMorris Rodgers
Mica
Miller (FL)
Miller (MI)
Moran (KS)
Murphy, Tim
Myrick
Neugebauer
Nunes
Olson
Paul
Paulsen
Pence
Petri
Pitts
Platts
Poe (TX)
Posey
Price (GA)
Putnam
Radanovich
Rehberg
Reichert
Roe (TN)
Rogers (AL)
Rogers (KY)
Rogers (MI)
Rohrabacher
Rooney
Ros-Lehtinen
Roskam
Royce
Ryan (WI)
Scalise
Schmidt
Schock
Sensenbrenner
Sessions
Shadegg
Shimkus
Shuster
Simpson
Smith (NE)
Smith (NJ)
Smith (TX)
Stearns
Sullivan
Terry
Thompson (PA)
Thornberry
Tiahrt
Tiberi
Turner
Upton
Walden
Wamp
Whitfield
Wilson (SC)
Wittman
Wolf
Young (AK)
Young (FL)
NOT VOTING--8
Cantor
Deal (GA)
Engel
Israel
Miller, Gary
Olver
Souder
Westmoreland
Announcement by the Speaker Pro Tempore
The SPEAKER pro tempore (during the vote). Two minutes remain on the
vote.
{time} 1529
So the resolution was agreed to.
The result of the vote was announced as above recorded.
A motion to reconsider was laid on the table.
____________________
GENERAL LEAVE
Mr. RAHALL. Mr. Speaker, I ask unanimous consent that all Members may
have 5 legislative days to revise and extend their remarks and include
extraneous material on H.R. 1404.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from West Virginia?
There was no objection.
____________________
FEDERAL LAND ASSISTANCE, MANAGEMENT AND ENHANCEMENT ACT
The SPEAKER pro tempore. Pursuant to House Resolution 281 and rule
XVIII, the Chair declares the House in the Committee of the Whole House
on the state of the Union for the consideration of the bill, H.R. 1404.
{time} 1531
In the Committee of the Whole
Accordingly, the House resolved itself into the Committee of the
Whole House on the state of the Union for the consideration of the bill
(H.R. 1404) to authorize a supplemental funding source for catastrophic
emergency wildland fire suppression activities on Department of the
Interior and National Forest System lands, to require the Secretary of
the Interior and the Secretary of Agriculture to develop a cohesive
wildland fire management strategy, and for other purposes, with Mr.
Lujan in the chair.
The Clerk read the title of the bill.
The CHAIR. Pursuant to the rule, the bill is considered read the
first time.
The gentleman from West Virginia (Mr. Rahall) and the gentleman from
Washington (Mr. Hastings) each will control 30 minutes.
The Chair recognizes the gentleman from West Virginia.
Mr. RAHALL. Mr. Chairman, I yield myself such time as I may consume.
I am pleased to bring before this body proactive legislation which
would establish a new arsenal to provide the necessary resources to
combat catastrophic wildfires.
We are all aware of the raging fires which annually sweep across
parts of America. Over the last decade, wildfires have become
increasingly dangerous and destructive, burning more acreage and more
property more often. Yet, financially, the Federal Government continues
to be ill-prepared to respond to these fires.
Every year the Forest Service, the Bureau of Land Management, and the
other Federal agencies are forced to dramatically shift spending
priorities, rapidly increasing funding for fire fighting at the expense
of other vital programs.
[[Page 8745]]
This ``Rob Peter to Pay Paul'' approach requires these agencies to
borrow funds from other accounts, causing everything from basic
maintenance to visitor services to suffer. In fact, as it stands,
nearly half of the Forest Service's annual budget is spent putting out
fires, causing some to point out that the agency is no longer the U.S.
Forest Service, but rather, the U.S. Fire Service.
The legislation before us, the Federal Land Assistance Management
Enhancement Act, or FLAME Act, is a bipartisan effort to correct course
by getting out in front of these tragic fire seasons. The legislation
would address the funding problem by establishing a dedicated fund for
catastrophic, emergency wildland fire suppression activities, separate
from appropriated, fire-fighting funding. This pot of money would be
available when appropriated funds run out, saving the agencies from
having to cut into nonfire programs.
The Secretaries of Agriculture and Interior would be authorized to
use money from the FLAME fund only after making a specific declaration
that a fire was large enough and dangerous enough to warrant such
action.
The bill would also require the Forest Service and the Department of
the Interior to present to Congress a long-overdue, comprehensive
strategy for combating wildland fire, a strategy that would address the
troubling shortcomings in the agencies' response to fires identified by
the Government Accountability Office and the Agriculture Department's
Inspector General.
I would note that this legislation complements proposals in President
Obama's proposed budget to establish a dedicated fund for catastrophic
wildfires.
This legislation also enjoys the support of the five former chiefs of
the Forest Service, the National Association of State Foresters, the
National Association of Counties, the National Federation of Federal
Employees, the Western Governors' Association, and nearly 40 other
organizations.
I am honored to be joined by our subcommittee chairman, the gentleman
from Arizona (Mr. Grijalva); our Interior Appropriations chairman Norm
Dicks; Interior Appropriations ranking member Simpson; and Congressman
Greg Walden as original cosponsors of H.R. 1404. Agriculture chairman
Collin Peterson is also a cosponsor of the bill.
Each of these Members understands that fire, and the cost of fighting
it, is among the most serious issues facing our Federal land management
agencies. If not addressed, this issue will continue to cost homes,
businesses, communities, public lands, and lives.
The FLAME Act will allow the Forest Service and the Department of the
Interior to respond to these dangerous fires while also accomplishing
other important aspects of their missions, including those that will
prevent fires from devastating our communities in the future.
I ask my colleagues to support passage of the FLAME Act.
I reserve the balance of my time.
Mr. HASTINGS of Washington. Mr. Chairman, I yield myself as much time
as I may consume.
Mr. Chairman, I want to compliment the distinguished chairman of the
Natural Resources Committee, Mr. Rahall, for sponsoring this
legislation, and I urge my Republican colleagues to support it.
This bill makes budgeting and accounting for fighting fires easier
for Federal agencies and for Congress, but Mr. Chairman, as written, it
does nothing to prevent forest fires. This is an accounting bill but
not a wildfire prevention bill.
It is regrettable that, since taking control of the House, Democrats
have not moved a single piece of legislation that gives our land
managers new authority or tools to manage the disastrous situation on
our Nation's forests. Funding is important, but it will not solve the
problem if our land management agencies are handcuffed to wrong-headed
policies backed up by special interest lawsuits.
Jobs are also at stake with the management of our Federal lands.
Since 2006, Mr. Chairman, the logging, wood, paper, and cabinetry
industries have lost 242,000 jobs. Two weeks ago, a Sierra Pacific
timber mill in Quincy, California, closed, which means that close to 10
percent of the town's economy will be closed down. This is an area that
has had double-digit unemployment since the early 1990s. One of the
main reasons the company cited for the mill closing is the lawsuits by
environmental groups on every single timber sale.
On the issue of climate change and the President's proposal of a new
cap-and-trade energy tax, we know that forests provide large and
beneficial inventory of stored carbon and that forest fires contribute
huge amounts of carbon dioxide emissions.
We lose millions of acres of our national forests to wildfire every
year, and these fires and their aftermath produce billions of tons of
pollutants. A medium-sized fire can release 200,000 tons of
CO2, but if the burned trees are left to decompose, several
times that amount will be emitted.
At a time when the Democrat majority in Congress are working to make
carbon emissions the number one issue on their legislative agenda, it
is troubling that action is not being taken to prevent wildfires that
emit so much carbon into the atmosphere.
Instead, Congress is working overtime on imposing a cap-and-trade tax
scheme that the Obama administration says may cost our economy over $2
trillion. A new report from Moody's Investor Service predicts that cap-
and-trade would cause electricity prices to jump between 15 and 30
percent. This could cost American families up to $3,100 a year.
These are prices that are too high for Americans to pay, especially
when the impact of wildfires is not even being considered. A better way
of budgeting for fire fighting is needed, and the bill that we will be
considering does precisely that, and I support that. But there is far
more to this problem than bookkeeping.
The simple fact is that our national forests now have four to five
times the amount of trees per acre compared to when Lewis and Clark
ventured West. Today, these lands are a tinderbox waiting for a match
strike.
I hope this bill is improved through the limited number of amendments
that were made in order by the Rules Committee, but it is clear that
after enactment of this bill there is still far, far more that needs to
be done to prevent wildfires across this country.
With that, Mr. Chairman, I reserve the balance of my time.
Mr. RAHALL. Mr. Chairman, I'm very happy to yield 2 minutes to the
gentlelady from California (Mrs. Capps), a very valued member of our
Committee on Natural Resources that was so instrumental in bringing
this legislation, as well as many other pieces of legislation out of
our committee, to the floor.
Mrs. CAPPS. I thank Chairman Rahall for giving me time.
Mr. Chairman, I rise in very strong support of this FLAME Act. This
much-needed legislation comes at an important time. Our Nation will be
facing longer and more intense fire seasons due to global warming and
drought. The cost of fighting fires has grown enormously in recent
years, and projections indicate that this trend will only increase,
especially in populated wildland-urban interface areas.
The Forest Service has spent over $1 billion per year in 5 of the
last 7 years to extinguish fires. And as the chairman just said,
wildland fire management activities are estimated to consume close to
half of the Forest Service's budget this year.
These escalating costs are having a significant impact on the Forest
Service. For example, the Forest Service is forced to pull funds from
other programs, leaving fewer funds available for campground
maintenance and forest restoration.
The emergency fund created by the FLAME Act will reduce the need to
deplete important Forest Service programs and will provide more
reliable funding than uncertain year-to-year supplementals.
Even more important, the FLAME Act will ensure the Forest Service has
regular funding available for day-to-
[[Page 8746]]
day fire management. This includes important prevention steps, like
FIREWISE Communities, hazardous fuels treatment, and restoration work.
It's absolutely essential that our efforts to fight today's fires
don't hurt our efforts to prevent tomorrow's fires. This bill will
ensure this is the case.
Mr. Chairman, the Zaca fire that burned 240,000 acres in my
congressional district 2 years ago burned for 3 months, from July
through September, and it cost the Forest Service $120 million. One
fire. With close to 3,000 fires in California last year alone, and the
fire season expected to start earlier than usual, it's very clear that
we have a real need to create----
The CHAIR. The time of the gentlewoman has expired.
Mr. RAHALL. I yield the gentlelady another 30 seconds.
Mrs. CAPPS. It's very clear that we need to create an emergency
Federal fund dedicated solely to fighting devastating wildland fires, a
rainy day fund for forest fires. This idea is long overdue.
This legislation deserves to be approved by the House, and I urge all
of my colleagues to address the long-term wildfire suppression fund
situation by supporting this FLAME Act.
Mr. HASTINGS of Washington. Mr. Chairman, I'm pleased to yield 5
minutes to the gentleman from California (Mr. McClintock), a member of
the Natural Resources Committee.
Mr. McCLINTOCK. I thank the gentleman for yielding.
Mr. Chairman, I certainly support H.R. 1404. It is going to add some
flexibility in managing firefighting costs on our Federal lands, but my
friend, the gentleman from Washington, is absolutely correct. Our
firefighting costs would be much lower and our revenues would be much
higher if we'd restore the sound forest management practices that this
Congress long ago abandoned. Instead, we've embraced a radical and
retrograde ideology that we should abandon our public lands to
overpopulation, overgrowth, and benign neglect. Bills like this one are
made necessary precisely because of this public falling.
A generation ago we recognized the importance of proper wildlands
management. We recognized that nothing is more devastating to the
ecology of a forest than a forest fire, and we recognized that in any
living community, including forests, dense overpopulation is unhealthy.
And so we carefully groomed our public lands. We removed excessive
vegetation, and we gave timber the room it needs to go. Surplus timber
and overgrowth were sold for the benefit of our communities. Our
forests prospered, our economy prospered, and forest fires were far
less numerous and far less severe than we suffer today.
Today, we're seeing the damage done to our forests and to our economy
by this Luddite ideology that human beings shouldn't touch our natural
resources.
My region in northeastern California has been tormented by
devastating fires in the last few years, and the reason is quite
simple. As one forester explained it at a hearing we conducted in
Sacramento, the excess timber is going to come out of the forests one
way or the other. It's either going to be carried out or it's going to
be burned out.
{time} 1545
A generation ago, we carried it out, and it fueled prosperity
throughout our region and produced a cornucopia of revenues to the
Federal Government. But today, it's being burned out, fueling
devastating fires that are destroying vast tracts of land and
destroying the abundance and prosperity that we once enjoyed.
The first victim of this wrongheaded policy is the environment
itself. Our recent forest fires have made a mockery of all our clean
air regulations. As the gentleman from Washington pointed out, those
concerned about carbon dioxide might be interested in a report by
scientists from the National Center for Atmospheric Research and the
University of Colorado at Boulder. They estimated that a single forest
fire in California in 2007 produced about 25 percent of the average
monthly emissions from all fossil fuel burning throughout all of
California. Anyone who's seen a forest after one of these fires knows
that the environmental devastation could not possibly be more complete.
But the cost of these policies doesn't end there. Timber is a
renewable resource. If properly managed, it's literally an
inexhaustible source of prosperity. And yet my region, blessed with one
of the most bountiful renewable resources in the Nation, has been
rendered economically prostrate. A region that once prospered from its
surplus timber is now ravaged by fires that are fueled by that surplus
timber.
The gentleman from Washington mentioned the little town of Quincy,
California, that happens to be in my district--population 2,000. About
500 families. As of May 4, 150 of those families are going to be out of
work because the sawmill had to shut down. Environmental litigation has
tied up about two-thirds of their timber harvest.
The company that owns that sawmill, Sierra Pacific, also just
announced today that it's shutting down its sawmills in Sonora and
Camino for the same reason. That's another 310 families out of work.
This is not environmentalism. A true environmentalist recognizes the
damage done by overgrowth and overpopulation and they recognize the
role of sound forest management practices in maintaining healthy
forests.
So, Mr. Chairman, while I support this legislation, we wouldn't need
to be spending so much putting out fires and we'd have a lot more
revenue to do it with if we would spend a little more effort on
restoring sound forest management practices to our national forests.
Mr. RAHALL. I yield myself such time as I may consume, Mr. Chairman.
The Congress, under the previous majority, in 2003 enacted the
Healthy Forests Restoration Act under the guise that it was the
solution to preventing wildland fires on Federal lands. Today, nearly 6
years later, fires are still raging across the country and the Federal
land managers are breaking the bank trying to pay for them. Clearly,
it's time to try something new--and that's what we are attempting to do
in this legislation.
I would certainly note that in passing the Healthy Forests
Restoration Act, Congress authorized $760 million annually for
hazardous fuels treatments on Federal lands. Sadly, the Bush
administration continuously underfunded hazardous fuels treatments at
only 65 percent of the level authorized by Congress.
The skyrocketing cost of fighting fires forced drastic reductions in
other Forest Service accounts under the Bush administration. This
included cuts to fire preparedness, State fire assistance, cooperative
fire assistance, and hazardous fuels treatments.
The lack of investment in fire prevention under the Bush
administration led to a situation where communities around the country
have NEPA-approved hazardous fuels projects waiting for Federal
funding.
In western States last year, there were over 1 million acres of NEPA-
approved hazardous fuels projects that were awaiting funding from the
Bush administration.
The FLAME Act will relieve the drain on the Forest Service and the
Department of the Interior budgets to ensure that funding is not swept
away from vital fire prevention activities. This is why the FLAME Act
has received support from those organizations I mentioned in my opening
statement--a rather broad-based list of organizations, well over 40,
that are in support of the pending legislation.
I reserve the balance of my time, Mr. Chairman.
Mr. HASTINGS of Washington. Mr. Chairman, I am pleased to yield 5
minutes to the gentleman from Virginia (Mr. Goodlatte).
Mr. GOODLATTE. I thank the ranking member for yielding to me.
I want to commend him and Chairman Rahall for addressing this
important issue over the last 2 years. The wildfire funding problems
for the Forest Service are some of the most challenging issues the
agency faces today.
Wildfire funding costs have skyrocketed over the last decade and are
consuming the Forest Service's budget, which means that there's much
less
[[Page 8747]]
funding for other Forest Service needs. We will continue to see high
costs and more damage to our forests and communities unless we take
steps to reduce fire risk in our national forests. We must provide the
Forest Service with additional tools to get our Federal forests in a
healthy, more fire-resistant condition.
This is a bill of great importance to States and communities across
the country. The problems of forest management affect not just western
States, but those along the eastern seaboard as well. Virginia is one
such example. Last year, Virginia had more acres burn than any year
since 1963, which shows how the problem of forest management has
progressively worsened.
This version of the FLAME Act is an improvement from the one passed
by the House in the last Congress. However, the bill does not do enough
to address the problem causing the increasing costs of fighting fires--
that is, the unhealthy conditions of our forests.
My amendment to the FLAME Act, which I will offer tomorrow, will
provide the Forest Service with an additional tool to address these
problems that will ultimately be a cost-saving measure.
My amendment creates a new contracting tool for the Forest Service to
partner with States. This will give the Forest Service permanent
authority to contract with States to reduce wildfire risks across
boundary lines.
This practice is commonly known as ``good neighbor authority'' and
has been tested in States like Colorado and Utah, where it has proven
to be effective.
Currently, H.R. 1404 contains no such tool for the Forest Service.
The significance of this measure is that it will encourage both Federal
and State agencies to work together to address unhealthy conditions in
Federal forests.
Fires know no boundaries. They can start on Federal land and easily
spread to State and private forest land and vice versa. My amendment
provides a more comprehensive approach to preventing dangerous fires
and fighting them when they happen.
I'm pleased that my amendment has the support of the Society of
American Foresters, the Western Council of State Foresters, the Forest
Foundation, and other forestry groups.
I have also spoken with the Forest Service and they have told me they
have no objections to this amendment. I might also add that we have
cleared this amendment in the Ag Committee, which shares jurisdiction
with the Resources Committee for forestry issues, and they also have no
objection to this amendment.
This is something that the professionals who fight forest fires
around our country--the professional fighters--and the societies that
are comprised of American foresters want and need in this legislation.
So I hope that there will be bipartisan support. I know in the Rules
Committee there was bipartisan support for bringing this amendment
forward. I certainly hope that that will continue as we try to maintain
the type of bipartisan cooperation that has led to the point that we
have reached thus far in bringing this legislation forward in a way to
significantly enhance it.
Mr. RAHALL. I yield 2 minutes to someone who knows well the problems
this legislation seeks to address, the gentleman from New Mexico (Mr.
Heinrich).
Mr. HEINRICH. Thank you, Mr. Chairman.
I rise in support of the FLAME Act, an absolutely critical strategy
for fighting the catastrophic forest fires that face communities across
the western United States, particularly in communities in New Mexico
that I have seen impacted directly by these fires in recent years.
In New Mexico's First Congressional District, both the Sandia and
Mountainair Ranger Districts of the Cibola National Forest tower over
the valley where most of my residents live. Both are afflicted with
severe drought conditions that have contributed to a dangerous
tinderbox effect in these forests. As a result of climate change, the
Mountainair Ranger District has gone into fire restrictions earlier
than ever before.
Still, much of the funding to fight these fires has been
reappropriated on an ad hoc basis from Federal land agency budgets. For
those agencies, that has often meant cutting funding for employees, for
scientific research, and education--the very kinds of things that help
prevent forest fires in the first place.
The FLAME Act will create a critical Federal fund specifically to
fight catastrophic wildfires, keep our communities safe, and ensure the
safety of our firefighters who risk their lives to protect us every
fire season.
I would urge all my colleagues to support this legislation.
Mr. HASTINGS of Washington. Mr. Chairman, I yield myself the balance
of my time.
As I stated in my opening remarks, this is a good bill and I commend
the chairman for introducing it. This bill passed on the suspension
calendar in the last Congress. Nobody even asked for a recorded vote.
So it has broad bipartisan support, yet the underlying issue is--and
it's something this Congress should take up in the future--and that is
to try to go to the core of preventing forest fires, and that is proper
maintenance.
There is one amendment that addresses that tomorrow. I think that
amendment offered by Mr. Goodlatte will make this bill that much
better. I hope that my colleagues on both sides of the aisle will
support that.
But this is a good bill. It's a start in the right direction. I hear
this all the time when we have forest fires in my district--and they
happen virtually every year. People want to know: Are there sufficient
funds in order to pay for those forest fires?
Now we can say that there's a mechanism put in place that will take
care of that, and I commend the chairman for his sponsorship of that.
With that, Mr. Chairman, I yield back the balance of my time.
Mr. RAHALL. I yield myself such time as I may consume.
I certainly understand what the gentleman from Washington is
referencing. I said last year during debate on this floor to the
gentleman from Virginia (Mr. Goodlatte) that I certainly understand the
need to develop comprehensive preventive legislation that is aimed at
truly getting at the root causes of these forest fires. I would repeat
to the gentleman from Washington, my respected ranking member, that if
he introduces such legislation--any member introduces such
legislation--we will certainly bring it forth before our committee and
give it due consideration and certainly try to work on it as well as we
have on this legislation to bring it to the floor of the House.
Mr. Chairman, I'm going to recap very quickly since we are closing
general debate at this point. For much of the last decade, the
wildlands fire season has been expanding due to factors such as climate
change and drought. Unfortunately, future trends appear to indicate
that this increase will only continue.
Within the Forest Service, wildlands fire activity now accounts for
nearly half of their budget. The Forest Service spent over $1 billion
fighting wildland fires last year. The skyrocketing cost of fighting
fires has led to the Forest Service and the Department of the Interior
to rob Peter to pay Paul and borrow funds from other agency accounts.
{time} 1600
There were cuts to fire preparedness, State fire assistance,
cooperative fire assistance, and hazardous fuel treatments in Forest
Service budgets.
The FLAME Act will allow the Forest Service and the Department of the
Interior to respond to dangerous fires while also accomplishing other
important parts of their mission. The act will relieve the drain on the
Forest Service and the Department of the Interior budgets to ensure
that funding is not swept away from vital fire prevention activities. I
conclude by urging adoption of the pending measure.
Mr. HERGER. Mr. Chair. I rise today in opposition to the rule for
H.R. 1404, the Federal Land Assistance, Enhancement, and Management Act
of 2009.
[[Page 8748]]
While this legislation is important to address the very serious issue
of funding shortfalls faced by the Federal wildland firefighting
agencies each year, I believe that it does not do enough to address the
cause of these soaring wildfire suppression costs.
We need to drastically increase management on our Federal forests to
reduce these fuels and the risk of catastrophic wildfire in the first
place.
For this reason, I introduced an amendment to make some of these
funds available for hazardous fuel reduction projects.
While unfortunately it was not made in order, I am pleased to see
that we will be allowed the opportunity to debate Mr. Goodlatte's
amendment to expand the ``Good Neighbor'' authority to assist in
getting some work done on the ground.
I urge my colleagues to support this amendment and others that bring
additional focus to the real root of the problem.
Ms. ESHOO. Mr. Chair, I rise today to express my strong support for
H.R. 1404, the Federal Land Assistance, Management and Enhancement
(FLAME) Act and I salute Chairman Rahall for bringing this important
bill to the floor today.
Last year a series of wildfires devastated counties across
California, including Santa Cruz County in my Congressional District.
The fires burned 1.4 billion acres of land across the State and cost
over $1 billion to contain. Experts expect a similarly difficult fire
season in California this year. Over the past decade wildland fires
have increased in size and quantity, and projections indicate that this
trend will continue due to climate change, drought, and other factors.
The skyrocketing costs of fighting wildland fires have forced the
Forest Service and Department of Interior to ``borrow'' funds from non-
fire programs, distracting these agencies from their core missions.
Wildland fire activities now account for 48 percent of the Forest
Service budget and more than 10 percent of the Interior Department
budget.
This bill will create the FLAME Fund to help cover the costs of
fighting fires after the money appropriated by the federal government
runs out. Agencies may use this fund only if the Secretary of Interior
or the Secretary of Agriculture deems the fire large enough or
dangerous enough to warrant using the fund.
The FLAME Act requires the Secretaries of Interior and Agriculture to
submit a report to Congress containing a comprehensive wildland fire
management strategy. The Government Accountability Office (GAO) found
that the federal land management agencies lack such a plan and the USDA
Inspector General found that the Forest Service lacks any system to
ensure that the highest priority fuel reduction projects are being
funded first. This report by the Secretaries of Interior and
Agriculture will address the recommendations made by both GAO and the
USDA Inspector General.
To ensure that the money is going to where it is most needed, the
bill requires that yearly reports be made available to the public on
the use of the FLAME Fund. It also requires the Secretaries to conduct
a review of wildland fire incidents that result in expenses greater
than $10,000,000 and requires the Secretaries to notify Congress
whenever the FLAME Fund drops to a level estimated to cover just two
months worth of expenditures.
The FLAME Act establishes a wildfire grant program within each
department that will assist communities in preparing for wildfires.
Grants will go towards purchasing firefighting equipment and training
programs for local firefighters. The money will also be used for
education and public awareness of wildfires and to development
community wildfire protection plans.
This bill is necessary so that agencies no longer have to move
funding around to make up for the increased costs of wildfire
suppression programs. The fund will provide a safety net in the event
of catastrophic fires, such as those that occurred in California last
year. It will also ensure that the Federal Government has an effective
and comprehensive plan for wildland fire management.
I'm proud to support this bill and I urge my colleagues to support
this important legislation.
Mr. GRIJALVA. Mr. Chair, I rise in opposition to the Goodlatte
Amendment and I urge my colleagues to join me in opposing this harmful
amendment.
While I strongly support the FLAME Act, I am opposed to this
amendment because it would undermine current protections for forest
workers as well as preventing proper environmental review of projects.
It would do this by dramatically expanding existing good neighbor
authority that only applies to certain projects on National Forests in
Colorado and Utah right now.
Specifically, this amendment would waive provisions of the National
Forest Management Act protecting taxpayer interests. It would give
discretion over projects on National Forests to state foresters,
eliminating federal oversight and accountability, and it would limit
the public's knowledge of when timber is sold.
I am also concerned that the amendment, if successful, would put into
question federal labor standards and current wage protections for
forest workers.
My subcommittee held a hearing last year which shined a light on how
pineros, literally men of the pines, were not being adequately
compensated or paid for their work under existing law. Delegating this
to the state or some subcontractor or the state without assurances for
workers is foolish.
Directly to this issue, the GAO released a report yesterday
recommending caution on allowing broader authority until the federal
government could ensure greater ``transparency, competition, and
oversight.''
I agree with the GAO and believe that this amendment is just too
broad and would waive too many existing laws that protect workers and
the environment.
In sum, I want to voice my strong support for the FLAME Act, which
will enable our public lands agencies to finally get ahead of the
vicious cycle of budget-consuming catastrophic fires, and begin the
process of working to protect communities and restore the nation's
lands. I urge opposition to this amendment and support for the
underlying bill.
Mr. RAHALL. I yield back the balance of my time.
The CHAIR. All time for general debate has expired.
Mr. RAHALL. Mr. Chairman, I move that the Committee do now rise.
The motion was agreed to.
Accordingly, the Committee rose; and the Speaker pro tempore (Mr.
Driehaus) having assumed the chair, Mr. Lujan, Chair of the Committee
of the Whole House on the State of the Union, reported that that
Committee, having had under consideration the bill (H.R. 1404) to
authorize a supplemental funding source for catastrophic emergency
wildland fire suppression activities on Department of the Interior and
National Forest System lands, to require the Secretary of the Interior
and the Secretary of Agriculture to develop a cohesive wildland fire
management strategy, and for other purposes, had come to no resolution
thereon.
____________________
ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE
The SPEAKER pro tempore. Pursuant to clause 8 of rule XX, the Chair
will postpone further proceedings today on motions to suspend the rules
on which a recorded vote or the yeas and nays are ordered, or on which
the vote incurs objection under clause 6 of rule XX.
Record votes on postponed questions will be taken tomorrow.
____________________
STANLEY J. ROSZKOWSKI UNITED STATES COURTHOUSE
Mr. COSTELLO. Mr. Speaker, I move to suspend the rules and pass the
Senate bill (S. 520) to designate the United States courthouse under
construction at 327 South Church Street, Rockford, Illinois, as the
``Stanley J. Roszkowski United States Courthouse''.
The Clerk read the title of the Senate bill.
The text of the Senate bill is as follows:
S. 520
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. STANLEY J. ROSZKOWSKI UNITED STATES COURTHOUSE.
(a) Designation.--The United States courthouse under
construction, as of the date of enactment of this Act, at 327
South Church Street, Rockford, Illinois, shall be known and
designated as the ``Stanley J. Roszkowski United States
Courthouse''.
(b) References.--Any reference in a law, map, regulation,
document, paper, or other record of the United States to the
United States courthouse referred to in subsection (a) shall
be deemed to be a reference to the ``Stanley J. Roszkowski
United States Courthouse''.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
Illinois (Mr. Costello) and the gentleman from Kentucky (Mr. Guthrie)
each will control 20 minutes.
The Chair recognizes the gentleman from Illinois.
[[Page 8749]]
General Leave
Mr. COSTELLO. Mr. Speaker, I ask unanimous consent that all Members
may have 5 legislative days within which to revise and extend their
remarks and include therein extraneous materials on S. 520.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Illinois?
There was no objection.
Mr. COSTELLO. I yield myself such time as I may consume.
Mr. Speaker, I rise today in support of S. 520, legislation
introduced by the senior Senator from Illinois, Senator Dick Durbin, to
name the United States district courthouse in Rockford, Illinois, after
Stanley J. Roszkowski. Judge Roszkowski has ably served our country in
times of war and peace, and I am pleased to be here today to speak on
behalf of this bill.
Stanley J. Roszkowski was raised in the village of Royalton,
Illinois, which is located in Franklin County in southern Illinois. One
of 15 children, he volunteered for the Army Air Corps during World War
II, and served as a nose gunner on a B-26 bomber, flying over 35
missions in Italy and Germany.
After the war, he went on to earn his bachelor's degree from the
University of Illinois and then his law degree, working as an appliance
salesman to pay for his college tuition. He moved to Rockford,
Illinois, opened a successful law practice, and became involved in his
community.
He gave up his practice of law when President Carter appointed him to
the bench in 1977, where he served for the next 20 years as a Federal
judge in the Northern District of Illinois. Judge Roszkowski took
senior status in 1991, and was known for running a business-like but
relaxed courtroom. He was praised by his peers for being extremely
knowledgeable, competent, fair, and objective, and a gentleman at all
times.
Through his long service to our country, in the military and on the
Federal bench, Judge Roszkowski has given a great deal to all of us,
and naming this courthouse in his honor is a fitting tribute to his
career.
Mr. Speaker, I urge my colleagues to support S. 520.
I reserve the balance of my time.
Mr. GUTHRIE. Mr. Speaker, I yield myself such time as I may consume.
This bill names the United States courthouse currently under
construction in Rockford, Illinois as the Stanley J. Roszkowski United
States Courthouse.
Judge Roszkowski was raised in Royalton, Illinois, and during World
War II he volunteered for the Army Air Corps and served as a nose
gunner on a B-26 bomber, flying more than 35 missions in Italy and
Germany.
After the war, he earned his bachelor's degree from the University of
Illinois in 1949, and a law degree from the University of Illinois
College of Law in 1954. In 1955, he moved to Rockford, Illinois, and
began his practice of law, until his appointment in 1977 by President
Carter to the U.S. District Court, Northern District of Illinois. In
1991, Judge Roszkowski assumed senior status on the Federal bench, and
served in that capacity until his retirement in 1998.
Among his many accomplishments, Judge Roszkowski was a member of the
Illinois, Florida, and American Bar Associations, and served on the
board of directors of the Federal Judges Association. He also lectured
extensively at seminars for various bar associations in U.S. courts,
and participated in countless workshops and mediation courses sponsored
by the Federal Judicial Center.
Early in his career, he was elected a fellow with the American
College of Trial Lawyers, and served as the chairman and member of the
Rockford Fire and Police Commission.
Naming this new courthouse in Rockford, Illinois seems appropriate in
recognition of Judge Roszkowski's dedication to public service and the
legal profession. I have no objections to the passage of this bill, and
support its adoption.
Mr. OBERSTAR. Mr. Speaker, I rise in strong support of S. 520, a bill
to designate the United States Courthouse under construction at 327
South Church Street in Rockford, Illinois, as the Stanley J. Roszkowski
United States Courthouse.
Stanley Roszkowski was born on January 22, 1923, and was raised in
Royalton, Illinois. He was one of 15 children. He served a decorated
tour in World War II as a nose gunner on a B26 bomber. After his
discharge from the United States Air Force, he enrolled at the
University of Illinois where he received his B.S. in 1949, and his J.D.
in 1954. He then opened up a successful law practice in Rockford.
Stanley Roszkowski was appointed judge for the United States District
Court for the Northern District of Illinois on October 11, 1977. He
took senior status on January 9, 1991, and retired in January of 1998
after serving for more than 20 years.
Judge Roszkowski was instrumental in having the courthouse
constructed in Rockford, Illinois, and this designation is a tribute to
his years of service to the court and community.
I urge my colleagues to join me in supporting S. 520.
Mr. MANZULLO. Mr. Speaker, I am pleased to rise in support of S. 520,
which would name the new federal courthouse currently under
construction in Rockford, Illinois after Stanley J. Roszkowski, former
Federal Judge in the Northern District of Illinois. Judge Roszkowski
played an integral role in bringing a new federal courthouse to
Rockford.
Stanley Roszkowski was raised in Royalton, Illinois, one of 15
children. As a testimony to his courage and love of country, he
volunteered during World War II to serve in the U.S. Army Air Corps and
was assigned the role of a nose gunner on a B-26 bomber, flying over 35
missions in Italy and Germany between 1943 and 1945. Service in the
Army Air Corps was an extremely hazardous occupation, with one of the
highest casualty rates out of all the branches of the service.
Many Allied bombers were blown out of the sky by German fighters or
by flak. For those who survived being shot down, a dismal stay at a
German Prisoner of War (POW) camp awaited them where many did not live
to see the end of the war. The fact that Staff Sergeant Stanley
Roszkowski survived the daunting odds of completing 35 separate
missions is a reflection of his skill and courage and those of his
fellow crewmembers.
After the war, Stanley Roszkowski earned his Bachelor's degree from
the University of Illinois in 1949 and subsequently earned his law
degree from the College of Law at the University of Illinois in 1954.
He paid for school by working as an appliance salesman and is where he
met his lovely wife, Catherine.
Stanley Roszkowski decided to locate his new law practice in
Rockford, Illinois and become active in the local community. He was the
founder and eventually became Chairman of the Board of the First State
Bank and Trust of Rockford.
He also was a member and Chairman of the Rockford Fire and Police
Commission. Judge Roszkowski was also honored with the General Pulaski
Heritage Award for Outstanding Service to the Polish-American Community
in 1982.
In 1977, President Jimmy Carter appointed and the U.S. Senate
confirmed Stanley Roszkowski to the federal bench where he served for
the next 20 years as a Federal Judge in the Northern District of
Illinois. After his retirement from the bench in 1997, Judge Roszkowski
now serves as a mediator/arbitrator for the Judicial Arbitration and
Mediation Services (JAMS). The aim of JAMS is to resolve some of the
nations largest and most complex and contentious disputes. Given the
depth of experience, knowledge, and professionalism of Judge
Roszkowski, JAMS is well served to have him as a resource to help with
alternative dispute resolutions.
Mr. Speaker, it is appropriate to name the new federal courthouse in
Rockford after Judge Roszkowski because of his role in the community
and his driving force in making this project a reality today. I urge my
colleagues to support S. 520.
Mr. GUTHRIE. Mr. Speaker, I yield back the balance of my time.
Mr. COSTELLO. Mr. Speaker, I urge passage of this legislation. I
yield back the balance of my time.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from Illinois (Mr. Costello) that the House suspend the rules
and pass the Senate bill, S. 520.
The question was taken; and (two-thirds being in the affirmative) the
rules were suspended and the Senate bill was passed.
A motion to reconsider was laid on the table.
[[Page 8750]]
____________________
CREDITWORTHINESS OF THE UNITED STATES
(Mr. KIRK asked and was given permission to address the House for 1
minute and to revise and extend his remarks.)
Mr. KIRK. Mr. Speaker, this morning the British Government failed to
auction its debt. This news lowered demand for U.S. debt at the auction
we held this afternoon. In short, no one would lend the British
Government money, and now they are increasingly reluctant to lend to
Uncle Sam. When news of this development hit the markets this
afternoon, Wall Street fell by over 200 points.
But this news is more important than just market movements today.
After approving the stimulus and the omnibus, we now know the Treasury
Department's Bureau of the Public Debt must auction $150 billion of
U.S. Treasuries a week.
Like canaries falling over in a mine, the markets are now telling us
that they are increasingly unwilling to lend us money. China is
reluctant to lend, as are others.
Mr. Speaker, we are entering into a very dangerous time in which the
creditworthiness of the United States, the legacy of President George
Washington and his successors, is being called into doubt. Will the
President listen?
____________________
BORDER WAR WITH CARTELS
(Mr. POE of Texas asked and was given permission to address the House
for 1 minute.)
Mr. POE of Texas. Mr. Speaker, I bring you news from the border war
with the cartels. Our Homeland Security Director has recently announced
the effort to beef up the ports of entry on our southern border by
using the Federal agencies of the ATF, the DEA, and more Border Patrol,
mainly at the ports of entry.
I am encouraged that we have finally recognized that we have a
problem on the southern border, but the plan unfortunately omits the
obvious: The problem is not at the legal ports of entry; the problem is
between the legal ports of entry; and between the legal ports of entry
we ought to use the National Guard. The reason being is Mexico is
engaged with the battle of the cartels, and they use the military. They
have several thousand on their border. Why? The cartels are an army of
evildoers. They commit beheadings, murder, corruption, and terror along
the border. It is violent, and it is now becoming a cross-border
problem.
So let's be serious about the border war with the cartel. Let's join
Mexico, and put our National Guard on the border. The Texas Governor
and the Arizona Governor have both asked for the National Guard. They
should know that they need that help. We need the National Guard to
squeeze out the vicious cartel army and put them out of the business.
And that's just the way it is.
____________________
HARD WORK, SOUND INVESTMENT, LOWER TAXES, AND LESS DEBT
(Mr. CASSIDY asked and was given permission to address the House for
1 minute.)
Mr. CASSIDY. Mr. Speaker, in times of hardship, leaders must inspire
hope; and, to his credit, President Obama inspires hope. But without
planning, reason, and a sense of what works, inspired hope can be a
hoax. History in economics demonstrates that the path to prosperity is
hard work, sound investment, lower taxes, and less debt. Whether in a
family business or government, debt imprisons.
In the short term, debt can elevate the standard of living; but if
income grows slower than debt, debt destroys that standard of living.
And my fear is that the trillions in debt that the President is
creating will swallow economic growth and destroy that standard of
living. Our economic future will be pawned, our future in debtor's
prison.
The President is ambitious and impatient, but I ask that his ambition
not deafen him to the lessons of history and economics. I ask him to
inspire hope not just for the present, but also for the future.
____________________
SPECIAL ORDERS
The SPEAKER pro tempore. Under the Speaker's announced policy of
January 6, 2009, and under a previous order of the House, the following
Members will be recognized for 5 minutes each.
____________________
A TRIBUTE TO REPRESENTATIVE WASSERMAN SCHULTZ--TENACIOUS COURAGE
The SPEAKER pro tempore. Under a previous order of the House, the
gentleman from Texas (Mr. Poe) is recognized for 5 minutes.
Mr. POE of Texas. Mr. Speaker, it is not every day that Members of
this Chamber come to the floor and share personal stories of sacrifice
and ultimately triumph. But this week, a colleague of mine that I
deeply admire and respect came to this floor and did just that, and I
think she deserves to be recognized for her tenacious courage and even
her willingness to be vulnerable.
We both came into Congress the same year, but we come from different
parts of the country, we are of different parties, and we don't always
agree on the answers for the issues the people of our Nation face every
day.
Even so, as we in the people's House continue to busily deal with our
national concerns, we should never fail to recognize the courageous
that are among us, those who are bold and strong.
{time} 1615
Let me explain, Mr. Speaker. This Monday, the gentlelady from Florida
(Ms. Wasserman Schultz) shared with us a deeply moving story about the
personal battle that she has had with breast cancer. It is a situation
that many of our mothers, wives and daughters have also struggled with.
About 1 year ago, Ms. Wasserman Schultz was diagnosed with breast
cancer. And after medical treatment and, in the end, surgery, the
cancer was removed from her body and she is now cancer free.
What makes Representative Wasserman Schultz so remarkable is the way
she responded to this difficult situation. Rather than become
discouraged by her circumstances, she decided she was going to help
other women who might also be battling breast cancer and other forms of
cancer that really affect America's women.
So, this week she is introducing legislation meant to empower women
to know how to deal with breast cancer and teach women and doctors
alike about the risk factors and the warning signs. I was pleased to
become one of the first cosponsors of this legislation to make
America's women healthier.
Mr. Speaker, I don't know how many people who would have the courage
to use their own personal story to help change the lives of others. But
as the father of three daughters and the grandfather of four girls, it
doesn't surprise me that it is a woman who is setting the example for
the rest of us. Representative Wasserman Schultz is a model of courage
and conviction. I'm proud to serve along with her in the people's
House.
My grandmother used to tell me that nothing is more powerful than a
woman that has made up her mind. Grandma was right. And Debbie
Wasserman Schultz is one of those women who has faced the enemy of
cancer, fought it, defeated it and has made up her mind to help other
women of this Nation do the same.
And that's just the way it is.
____________________
H.R. 1380, THE JOSH MILLER HEARTS ACT
The SPEAKER pro tempore. Under a previous order of the House, the
gentlewoman from Ohio (Ms. Sutton) is recognized for 5 minutes.
Ms. SUTTON. Mr. Speaker, I rise today to share the story of a boy
from my hometown of Barberton, Ohio. To know Josh Miller was to know a
kind-hearted and generous young man with limitless potential. Josh was
a Barberton High School sophomore with a 4.0 grade point average. He
was a linebacker who dreamed of playing football
[[Page 8751]]
for Ohio State. He was the kind of a kid who could walk into a room and
light it up.
But one day, without warning, his dreams were cut short. Josh never
showed any signs of heart trouble. But right after the final game of
the 2000 football season, he collapsed after leaving the field. By the
time his heart was shocked with an automated external defibrillator, it
was too late to save him. Josh suffered a sudden cardiac arrest which,
according to the American Heart Association, claims the lives of
330,000 Americans every year.
Like Josh, the vast majority of these individuals do not display any
prior signs of heart trouble. Yet there is an easy-to-use, relatively
inexpensive piece of medical equipment that more than doubles the odds
of survival for someone experiencing a sudden cardiac arrest. An
automated external defibrillator, or AED, is the single most effective
treatment for starting the heart after a sudden cardiac arrest. And
because the chances of survival decrease by up to 10 percent for every
minute that passes, every second is critical.
Last week, I reintroduced the Josh Miller HEARTS Act to increase the
availability of AEDs in our communities. This bill, H.R. 1380, will
establish a grant program to help schools across the country purchase
these lifesaving devices.
Schools are central gathering places in our communities. Placing AEDs
in our schools will not only save the lives of the students enrolled
there, but they will be available for teachers and staff, parents and
volunteers and the many other members of the community who pass through
their halls every single day.
This legislation is modeled on a similar program for the State of
Ohio. Dr. Terry Gordon, a cardiologist at Akron General Hospital, has
dedicated his life to this campaign. His tireless efforts in Ohio led
to the adoption of a statewide initiative to put an AED into every
school in our State.
I hope we in Congress can build on Dr. Gordon's good work and carry
out this program at the national level. Last year, this bill had 100
cosponsors and passed the House unanimously. To all of my colleagues
who cosponsored and supported this legislation, thank you, and I urge
you to cosponsor H.R. 1380. And to all of my colleagues who did not
cosponsor the bill, I ask for your support in this Congress.
This bill is endorsed by the Red Cross, the American Heart
Association, the Heart Rhythm Society, the Sudden Cardiac Arrest
Association, the International Association of Firefighters, the
American College of Cardiology, the National Education Association,
Parent Heart Watch, American Federation of Teachers and the National
Safety Council. I thank these organizations for their support on this
issue, and I look forward to working with them on AED awareness.
Losing a young life like Josh's can bring about a sense of
helplessness. But today we have an opportunity to act. I urge my
colleagues to join me in supporting this effort to bring AEDs into
every single school across this country because AEDs in schools will
save lives.
____________________
RECOGNIZING CHARLES R. ``DICK'' WEBB
The SPEAKER pro tempore. Under a previous order of the House, the
gentleman from Kansas (Mr. Moran) is recognized for 5 minutes.
Mr. MORAN of Kansas. Mr. Speaker, I rise this afternoon in
recognition of a respected business leader in the State of Kansas who
died earlier this week. Charles R. ``Dick'' Webb of Pittsburg, Kansas,
and founder of Watco Companies passed away on Monday, March 23, at the
young age of 70. He was a great Kansan and an exemplary American who
will be greatly missed.
Dick Webb made his mark on the Kansas business community through
Watco, a company he founded in 1983 along with his wife, Kaye Lynne.
Watco was started literally at the kitchen table. A rail service
provider, the Webbs' startup would evolve into a titan of Midwestern
business. Watco Companies now supports 2,000 employees in over 26
States.
This expansive network of Watco employees and products has benefited
millions of Americans through efficient commodity shipping and gainful
employment. Watco railroad tracks continue to move the products that
move America. Food and fuel find their way across our Nation's
heartland thanks to the foresight of Dick Webb. His endurance in times
of uncertainty in his industry allowed Watco to emerge as a leader in
rail service and technology. Entrepreneurship is highly valued in our
society, and Dick epitomized that quality.
With the success Watco experienced, it would have been easy to
relocate the company's headquarters to a more densely populated area.
But being a loyal Kansan, Dick remained in Pittsburg to grow his
business and his community. Whether it was his support for his alma
mater, Pittsburg State University, or his support for other local
startup businesses, Dick added to the overall quality of life for every
Pittsburg resident.
Dick is survived by his wife, his two children, Susan Lundy and Rick
Webb, as well as six grandchildren who all were raised to remain in
Pittsburg. But knowing of Dick's devotion to his employees, it may well
be said that he is survived by his Watco family as well. The employees
and their families that aided the building of Watco continue to benefit
from Dick's work and leadership.
The legacy he left on our State and this Nation will continue to
benefit us all.
Mr. Speaker, I ask that you and Members of the U.S. House of
Representatives join me in honoring Dick Webb and the lasting legacy he
achieved with his life.
____________________
TRIBUTE TO MRS. CHRISTINE SARBANES
The SPEAKER pro tempore. Under a previous order of the House, the
gentleman from Maryland (Mr. Cummings) is recognized for 5 minutes.
Mr. CUMMINGS. Mr. Speaker, it is with a heavy heart that we in the
Maryland delegation join our colleagues in paying tribute to the late
Mrs. Christine Sarbanes who passed away this week. She was indeed a ray
of sunshine in the lives of many. She is already dearly missed. John,
her son, our colleague, said to me just a few days ago that he did not
realize that he could miss someone so much in such a short period of
time.
If there was only one word that could be used to describe Christine
Sarbanes, it would be ``enthusiastic.'' But there are so many other
words, ``kind,'' ``gentle,'' and ``concerned.'' For over 20 years, she
was an outstanding educator and showed a genuine interest in her
students. She encouraged them to set positive goals for themselves and
encouraged and challenged them to do their best.
In fact, she was instrumental in helping students develop an
appreciation for Latin, which had proved quite useful for those seeking
admission to college. With her dedication to teaching also came a love
of community involvement with books. Mrs. Sarbanes often talked about
her love of the Enoch Pratt Free Library and of libraries in general.
She would often say that the library was her place to escape when she
was a child to be able to basically move all around the world by
sitting in one room.
Christine Sarbanes was able to combine both passions as a board
member of the Enoch Pratt Free Library which is located in Baltimore,
in my home city, and her dedication to the libraries in the community
recently led to the opening of the first two libraries in Baltimore in
over 30 years.
Mrs. Sarbanes served at one point as the vice chairman of our board
of the independent library. But the thing that she prized the most was
being the head of the community outreach committee of Enoch Pratt. She
was one who consistently said that the library was the great equalizer.
As a matter of fact, I think she met her husband in a library.
Over and over again, she did everything she could to make sure that
there was outreach into the community. She also would say that the
libraries in the various communities
[[Page 8752]]
were the neighborhood community centers. And she really meant that.
The other thing she consistently did was reach out to those who were
coming here from foreign countries and coming in as immigrants. She
would constantly get the library to take the materials and put them in
various languages so that when people came here, they could take full
advantage of the services and those resources that the library had.
Despite these successes, nothing could match the devotion that
Christine Sarbanes had for her family as a wife, mother and
grandmother. She was active in the campaigns of her husband, former
Senator Paul Sarbanes, and she proudly watched her son and our
colleague, John, become a Member of the United States House of
Representatives.
It is through her family that the legacy of this kind, intelligent
and dignified woman will continue. To everyone in the Sarbanes family,
Michael, John and Janet and all of the grandchildren, please know that
our prayers are with you. This world is a better place due to the
contributions of Christine Sarbanes.
____________________
TESTIMONY OF LARRY GETTS, EMPLOYEE OF DANA CORPORATION
The SPEAKER pro tempore. Under a previous order of the House, the
gentleman from Indiana (Mr. Burton) is recognized for 5 minutes.
Mr. BURTON of Indiana. Mr. Speaker, there was testimony before the
Senate Committee on Health, Education, Labor and Pensions just recently
by a fellow named Larry Getts who is an employee of the Dana
Corporation in Indiana. He was very concerned that the secret ballot on
whether or not they were going to join a union was not being given to
them. And I would like to read part of his testimony.
He said, ``Before I begin, I'd like to say that, as many workers have
learned firsthand, I believe Card Check organizing drives put the
interests of the union officials ahead of those of the workers.
``While the bill has been officially named the Employee Free Choice
Act by its proponents in organized labor and their allies in Congress,
my own personal experience shows a more appropriate name would be the
Worker Coercion Act.''
He talks about the union officials and how they came to the company
to try to get them to join the union through what they call Card Check
without a secret ballot.
He said, ``After this first attempt to organize our shop failed, the
UAW changed tactics and sent in a whole new crew. At that point, it
became clear to all of us that the UAW was going to do whatever was
necessary to get the required number of signatures.
``The entire time they were constantly badgering us to sign the
cards. I refused to sign the card every time they asked, and I know
that many of my colleagues shared my sentiment. But none of that
mattered to the UAW, because the pressure did not let up.
``In fact, one day, an official approached me again claiming 50
percent of the plant had signed, so now I was going to have to sign the
card to `get my information in the system.' I signed the card because I
thought I had to.''
{time} 1630
I didn't learn until later that even then, I should not have been
forced to sign the card.
In the end, the UAW did succeed in organizing our plant, but I
thought they succeeded only because of their confrontational tactics
and not because the majority of our workers wanted UAW representation.
So immediately, after the union came in, I began a decertification
effort. The only reason I was able to fight back was because other Dana
Corporation employees in Ohio appealed to the National Labor Relations
Board after facing aggression from the UAW, and the NLRB decided that
workers should be allowed to seek decertification.
Of course, the UAW responded to my effort by increasing the pressure,
and even started visiting me at my home, and my coworkers. Despite
their intimidation, my coworkers and I voted to decertify the UAW 45
days after the Card Check drive in a secret ballot. I believe the
results of the secret ballot election showed the true free choice of my
coworkers regarding UAW representation. We didn't want the UAW
representation that was foisted on us through Card Check.
At the end of the day, the voice of the worker needs to be
considered. Union officials say they speak for the workers, and they
say passage of the Card Check bill is needed to give workers a free
choice. But the only way to give workers a free choice is the way we
vote in this country, and that's to give them a secret ballot. If they
want to join the union, they should be able to join the union through a
secret ballot. But if they don't want to join the union, they should
not be coerced into joining the union by signing a card. They should
have the right, as every American citizen does, to a secret vote on
whether or not they want to be employed in a union shop. Now, if they
don't want to do that, they shouldn't have to vote for it.
And that's exactly what the gentleman went through and all of his
coworkers. And after they went through it and were forced to join the
union, they found out they could have a secret ballot, they did a
secret ballot, and they threw the union out.
I'm not an anti-union person, but there ought to be a free choice for
people to join the union or not to join it, and they should not be
coerced by Card Check.
____________________
HONORING THE LIFE OF CHRISTINE SARBANES
The SPEAKER pro tempore. Under a previous order of the House, the
gentleman from Maryland (Mr. Van Hollen) is recognized for 5 minutes.
Mr. VAN HOLLEN. Mr. Speaker, I rise today to remember Christine
Sarbanes and offer my heartfelt condolences to former Senator Sarbanes
and our colleague, John Sarbanes, and the entire Sarbanes family. They
have lost a cherished loved one, and our State of Maryland has lost a
good, kind and gracious friend.
Christine Sarbanes was a dedicated wife and loving mother who worked
tirelessly with her husband to serve their beloved State of Maryland.
She was an educator, improving the lives of her students with her
incredible enthusiasm and her intellect, which she brought to the
classroom every single day. Christine Sarbanes believed with every
fiber of her body and her being that we all have the potential to be
great, and she channeled her passion into a career in education which
touched the lives of thousands of Marylanders.
I will always remember Christine Sarbanes as a pillar of strength and
the embodiment of grace. She accompanied her husband and family on
countless Labor Day, Memorial Day and Fourth of July parades that she
faithfully participated in as the spouse of a Member of Congress.
Charming her way through the crowd, stopping to share her special
concern with young people in our great State, she had a special eye for
young people, and young people came to her and understood that this was
a special person who cared about them. Whether it was in Baltimore at a
bull roast or a crab feast in Crisfield or a folk festival in Takoma
Park, Christine Sarbanes felt at home, and she made all the people she
touched feel special. Her loss is felt not only by her family and
friends, but by the thousands of lives in Maryland and around the
country that she touched and the countless others she inspired.
Mr. Speaker, please join me in honoring the life of Christine
Sarbanes. Her kindness and legacy of public service serves as an
example to all of us, and she will be deeply missed.
____________________
VETERANS' HEALTHCARE FACILITIES/COMMEMORATING EARTH HOUR
The SPEAKER pro tempore. Under a previous order of the House, the
gentlewoman from Illinois (Mrs. Biggert) is recognized for 5 minutes.
[[Page 8753]]
Mrs. BIGGERT. Mr. Speaker, I rise today deeply concerned about
yesterday's reports regarding nearly 10,000 of our Nation's veterans
who may have been exposed to HIV and other communicable diseases at
Veteran's Administration hospitals. Like those veterans and their
families, I'm shocked and appalled that this could have happened. Our
veterans deserve better.
A couple of weeks ago I had the privilege of meeting with the new VA
Secretary, Eric Shinseki, at the North Chicago VA Hospital to discuss
improving care for our veterans. We've heard a lot about change in the
past several months. Well, we have the duty to change our VA health
system so reports of occurrences like we heard earlier this week never
happen again. This means taking a serious look at every option to
improve our veterans' care.
One option is right in my backyard. It is actually in my good friend
from Illinois, Mrs. Halvorson's district. There's a hospital named
Silver Cross that will be moving to a new location in 2012. The
facility that they are leaving has an emergency room that was built in
2006 and a specialty care wing that is less than 7 years old.
Instead of being opportunistic and selling the facility to the
highest bidder, the hospital formed a Healthy Community Commission,
whose focus is to give back to the Will County community. Our veterans
are at the top of their list, and I commend them for that.
I look forward to working with Secretary Shinseki, Congresswoman
Halvorson and Members of both sides of the aisle to explore this and
other options to make sure that our veterans never again have to put up
with inadequate care.
And with that, Mr. Speaker, this Saturday, March 28, 2009, at 8:30
p.m. millions of people around the world will join together to turn off
their lights for 1 hour, Earth Hour, to raise awareness about climate
change. Communities, individuals, businesses and organizations will
turn off non-essential lighting and cast a virtual vote for global
education, awareness and action on this important issue.
Earth Hour began in 2007 in Sydney, Australia where more than 2.2
million people turned off their lights. Last year, World Wildlife Fund
took Earth Hour global and more than 50 million people in more than 400
cities, on all seven continents participated, darkening some of the
world's most famous skylines and icons, including the Empire State
Building, the Golden Gate Bridge, the Coliseum in Rome, and the Sears
Tower in Chicago. Even Google's home page went dark for that day.
This year, more than 1,700 cities in some 80 countries already have
signed up to participate, with more joining each day. The event itself
will begin in Fiji, cascading across the world with Hawaii as the final
stop. In my district, three municipalities, Aurora, Naperville and
Homer Glen, and numerous businesses have signed up to participate.
We need to start addressing climate change now, and Earth Hour is one
of the many steps that we can take to do just that. That's why I
introduced House Resolution 268, with my good friend from Georgia, Mr.
Barrow, to support these goals and ideas of Earth Hour. The resolution
will help increase education, awareness and action on this important
environmental issue.
I encourage my colleagues to cosponsor House Resolution 268 and join
in this inspiring and historical event.
I will submit an article entitled, ``3,000 Vets Face HIV Risk After
Unsterile Procedure,'' from the Associated Press, for the Record.
[From the Associated Press, Mar. 24, 2009]
3,000 Vets Face HIV Risk After Unsterile Procedure
A Veterans Affairs hospital here has notified thousands of
patients that their colonoscopies were performed with
improperly sterilized equipment, officials said Monday.
The hospital urged about 3,260 patients who had
colonoscopies between May 2004 and March 12 of this year to
get tests for HIV, hepatitis and other diseases.
The VA insisted the risk of infection was minimal, saying
the tubing that was improperly cleaned didn't make contact
with patients.
It was the second recent announcement of errors during
colonoscopies at VA facilities.
``The very notion that veterans have to contemplate this
new reality now before them and visit special care clinics to
undergo blood testing is stomach-turning,'' U.S. Rep.
Kendrick Meek, D-Fla., said in a letter Monday to the VA's
inspector general. ``This information is shocking.''
Meek urged a door-to-door campaign to alert veterans of the
error.
``Although there is minimal risk, we feel that even a
slight risk is unacceptable to the veterans we care for,''
said Susan Ward, a spokeswoman for the VA in Miami.
Last month, 6,378 patients at a clinic in Murfreesboro,
Tenn., were told they may have been exposed to infectious
body fluids during colonoscopies.
The VA said 1,800 veterans treated at an ear, nose and
throat clinic in Augusta, Ga., were also alerted they could
have been exposed to an infection due to improper
disinfection of an instrument, though officials said the risk
was ``extremely small.''
The VA hasn't said whether it expects more facilities to
announce similar problems. though Meek cautioned the number
of affected people ``could quickly expand to include a much
larger pool of people.''
``That, somehow, these standard protocols were not followed
will undoubtedly leave our veterans with serious misgivings
about our VA system,'' he said.
____________________
HONORING THE LIFE OF CHRISTINE SARBANES
The SPEAKER pro tempore. Under a previous order of the House, the
gentleman from Maryland (Mr. Ruppersberger) is recognized for 5
minutes.
Mr. RUPPERSBERGER. Mr. Speaker, I rise today with several of my
colleagues from Maryland to honor Mrs. Christine Sarbanes, and the
impact her passing will have on the citizens of our great State of
Maryland and on our country.
Mrs. Sarbanes is the wife of Senator Paul Sarbanes and the mother of
John Sarbanes, who is a Member of the House of Representatives.
Christine was the quintessential lady, polished, well-educated and
warmhearted.
Many times, as lawmakers, our spouses chose to sit on the sidelines,
but Christine was very much involved in her husband's career. In fact,
political activism brought Senator Sarbanes and Christine together at
Oxford in England. A champion for women's rights, she was trying to get
women accepted into his all-male debating society.
On the occasions when she would represent her husband at events,
Christine was very knowledgeable on the issues. She was a hearty
campaigner for her husband, but was even more tenacious when her son,
John, campaigned for this seat in the House of Representatives. She
shared her love of politics and public service with her three children,
and they each have taken her example to serve the greater community.
She was the true matriarch of a great and distinguished political
family.
In addition to finding time to raise three children and helping her
husband's career, she managed a full-time job teaching Latin, Greek,
and French at Goucher College and Gilman High School, all located in
Baltimore, where she taught for more than 20 years.
In fact, one of my staffers, Walter Gonzalez, had the privilege of
studying under her at Gilman. He described her as firm, but effective.
She taught his 11th-grade speech class and advised him on his senior
class speech. Laughing, he recalled yesterday how she coached him day
after day. She would say, ``Speed up, slow down, enunciate your words,
too loud, emphasize the points.'' He said Christine was a passionate
teacher who communicated her respect for her subjects with grace and
humor.
A lifelong lover of libraries and art, Christine also found time to
serve on several cultural boards and talked the Walters Art Gallery
into eliminating their admission fees. She wanted all people, and
especially children, to have the ability to experience culture. But she
also wanted them to have basic survival needs. She did this through
tireless work with the United Nations children's fund.
Christine enjoyed high regard from important people. But I will
always remember how she treated everyday people who crossed her path
with dignity and respect.
Maryland has lost a truly admired political presence. And on behalf
of the
[[Page 8754]]
residents of Maryland's Second District and the State of Maryland, I
would like to express my sympathies to the Sarbanes family and thank
them for sharing a talented and giving woman with our State and our
country.
____________________
TARP FUNDS ABROAD
The SPEAKER pro tempore. Under a previous order of the House, the
gentleman from California (Mr. Hunter) is recognized for 5 minutes.
Mr. HUNTER. Mr. Speaker, recently released documents from AIG
accounts for some of the more than $180 billion in aid that AIG has
received. And it's revealed that over $58 billion of that $180 billion
has gone to foreign banks around the world. And $58 billion have gone
to French banks, German banks. French and German banks, respectively,
pulled in $19 billion and $17 billion of American taxpayer money.
I understand the outrage over bonuses, $166 million in bonuses, but
that's a pittance compared to the $58 billion that have gone to
overseas banks. Societe Generale, based in France, was the top foreign
recipient, at $11.9 billion. Deutsche Bank of Germany received $11.8
billion of taxpayer money. Barclays, based in England, got $8.5
billion. BNB Parabas, based in France, got $5 billion.
The House Oversight Committee also discovered a list of questionable
foreign investments conducted by the largest recipients of TARP funds.
Citigroup, JP Morgan and Bank of America each received $25 billion in
TARP funds on October 26th of last year. Citigroup then loaned Dubai $8
billion of American taxpayer money. JP Morgan invested $1 billion of
American taxpayer money in India. And Bank of America gave communist
China $7 billion of the American people's money.
Now, the American people have the right to be outraged at the fact
that they are being taxed so that a government-owned, failed company
like AIG can give bonuses to the very same executives who brought about
the ruin of their company. Mr. Speaker, $166 million in bonuses is a
lot of money. But it's a pittance, again, compared to that $58 billion
that AIG used to bail out the rest of the world.
So while hundreds of thousands of Americans get laid off each month,
and even people with good credit can't get homes, can't get home loans,
can't get car loans, our tax dollars are hard at work making sure
foreign countries get helped first.
Instead of giving billions of dollars worth of tax breaks and
incentives to American companies who manufacture American products and
hire American workers, our government has sided with foreign countries
instead of being on the side of the American worker.
To compound the problem, the United States has record trade deficits
with the rest of the world. So while our government punishes American
companies who actually make things with high taxes, burdensome
regulations, petty environmental restrictions and unfair trade laws,
foreign countries are getting American tax dollars to invest in their
business infrastructure so they can take away more American jobs during
an American recession.
We allowed Bank of America to give $7 billion in taxpayer money to
China, $7 billion in Americans' money to communist China, so they can
build up their military and steal American jobs. That's criminal.
The AIG bonus scandal is a big deal. The Treasury losing track of
where the bailout money is going is appalling. But it's too late to
just ask where the money's going or to try to get back the taxpayer-
subsidized bonuses, although those are good starts.
{time} 1645
What we need to do now is stop spending. Just stop. No more TARP. No
more stimulus. No cap-and-trade energy tax on small businesses, and
surely, no more bailing out foreign countries like China and India
while we spend and tax and borrow our way into oblivion.
I respectfully ask the President of the United States to put the
checkbook down.
____________________
HONORING THE LIFE OF CHRISTINE SARBANES
The SPEAKER pro tempore. Under a previous order of the House, the
gentleman from Maryland (Mr. Kratovil) is recognized for 5 minutes.
Mr. KRATOVIL. Mr. Speaker, I rise to honor the life of one of
Maryland's finest public servants, Christine Sarbanes--a woman of
grace, passion and compassion.
She was a teacher, an activist and a volunteer who gave selflessly to
her community, to Maryland, to the Nation, and to the greater world
community. Her belief that every individual had the potential to be
great fueled her passion for teaching, for spreading literacy worldwide
and for providing access to higher learning for each and every student
who had a desire to learn.
Christine Sarbanes was a dedicated mother, a full-time educator and
both a political partner and adviser to her husband, Senator Paul
Sarbanes.
For many of us, each job alone would constitute enough to leave a
legacy, but for Christine, she chose to go above and beyond as a
community servant, as an active board member for a number of community
and international organizations, and as a tireless fundraiser for
causes near to her heart.
I would like to extend the thoughts and prayers of my family and
constituents to Senator Sarbanes, to my colleague, Congressman John
Sarbanes, and to the entire Sarbanes family.
____________________
HONORING THE LIFE OF CHRISTINE SARBANES
The SPEAKER pro tempore. Under a previous order of the House, the
gentleman from Maryland (Mr. Bartlett) is recognized for 5 minutes.
Mr. BARTLETT. Mr. Speaker, I am going to speak from this side of the
aisle because it is where Paul Sarbanes would have stood.
When I came here almost 17 years ago, I would see Senator Sarbanes at
social functions with this very attractive brunette on his arm, and I
said to myself: Paul married well, didn't he? Then Christine came to my
office as an advocate for schools and teachers, and I was wowed. When
she left, I said to myself: Paul not only married well, he married up.
Then, one day, my wife, when I came home, told me that at a spouse's
event that day she had talked to Christine and that Christine told her
that they had decided to retire because, as she told my wife--and Mr.
Speaker, I am going to have a little trouble with this--they wanted to
retire while they could still both climb steps.
I regret very much that Christine had far too few years to climb
those steps with Paul.
____________________
HONORING THE LIFE OF CHRISTINE SARBANES
The SPEAKER pro tempore. Under a previous order of the House, the
gentlewoman from Maryland (Ms. Edwards) is recognized for 5 minutes.
Ms. EDWARDS of Maryland. Mr. Speaker, I rise today as a Marylander in
honor of another Marylander, Christine Sarbanes, and in honor of her
service and of her legacy to the State of Maryland and to the people of
the Fourth Congressional District, which I represent.
I did not know Christine Sarbanes in the way that you know a person.
I knew her as a public person. I first met Christine Sarbanes at an
elementary school at an event, and she didn't even know I was at the
back of the school, but what I observed of Christine Sarbanes was her
gentleness and tenacity and her love of education and her love of
children.
I think, in some ways, you know a person sometimes by the people
around them--by their children, by their spouses--and so we know
Christine Sarbanes by her husband, our beloved Senator Paul Sarbanes,
by her son and our colleague--John Sarbanes--and her other children. We
see in them the gentleness and the smarts and the tenacity and the
passion that was Christine Sarbanes. So it is with a heavy heart that
we celebrate Christine Sarbanes' legacy.
[[Page 8755]]
I said to John Sarbanes yesterday, as he mentioned that it is
difficult to know how much you miss a person until they are gone, that
when one loses a parent--and I know about the loss of a parent--that
the sadness of today becomes a joy of tomorrow when you remember a
smile, when you remember something that happened when you were growing
up, and it touches your heart in a different way.
So I wish for former Senator Paul Sarbanes, for John Sarbanes and for
the entire Sarbanes family that there will be days down the line when
they will remember Christine Sarbanes with that joy and with a little
bit more lightness of their hearts than they are experiencing today.
____________________
DOD REPORT ON CHINA'S MILITARY POWER
The SPEAKER pro tempore. Under a previous order of the House, the
gentleman from Virginia (Mr. Forbes) is recognized for 5 minutes.
Mr. FORBES. Mr. Speaker, today, the Department of Defense released
its annual report to Congress on China's military power.
The report released is an important reminder of why the Congressional
China Caucus, the Congress and the American people should continue to
monitor not only the expansion of China's military power but the way
they exercise judgment in the use of it and other elements of national
influence.
China's continuing buildup of advanced cruise missiles that can
target aircraft carriers and other ships, its 260-ship Navy as compared
to our 283-ship Navy, and its continued arm shipments to unstable
countries demonstrates a global focus rather than a regional one.
Regrettably, over the past year, several incidents have threatened
the strength of U.S.-Sino relations. In the last year, the FBI has
stated that China has the most aggressive espionage program facing our
Nation. U.S. authorities continue to investigate whether PRC officials
copied the contents of a government computer during a trip to China by
the Secretary of Commerce, and just this month, Senator Nelson's office
reported three separate instances of cyber attacks from China, which
follow multiple instances last year.
In addition, a routine Thanksgiving holiday port call by a U.S.
aircraft carrier, the USS Kitty Hawk, to Hong Kong was inexplicably
cancelled at the eleventh hour. Most recently, five Chinese vessels
harassed an unarmed U.S. naval ship.
Mr. Speaker, this House has refused to respond to that attack as yet.
I am troubled at the prospect for miscalculation or unnecessary
escalation of one of these situations if China does not act in a
transparent and responsible manner that is expected of a rising global
power.
For that reason, I introduced H. Con. Res. 72 with Congressional
China Caucus cochair Madeleine Bordallo, urging China to avoid
necessary escalations that could harm U.S.-China relations and to
condemn their attack on our unarmed U.S. naval ship, but so far, the
leadership of the House has not found time to allow that resolution to
come to the floor.
Mr. Speaker, it bothers me that today, when China had a proposal for
a new global currency to replace the dollar, that Secretary of Treasury
Geithner said that he was open to the proposal and that White House
economic adviser Austin Goolsbee declined to rule it out.
Mr. Speaker, if we don't know our positions on these issues, we are
inviting the Chinese to push us further and further. The future course
in U.S.-China relations hinges on China's ability to provide the
necessary transparency with regard to its military buildup and cyber
warfare capabilities. Mr. Speaker, I hope that we will continue to push
for that kind of transparency.
____________________
HONORING ARCHBISHOP JOHN CARROLL HIGH SCHOOL
The SPEAKER pro tempore. Under a previous order of the House, the
gentleman from Pennsylvania (Mr. Sestak) is recognized for 5 minutes.
Mr. SESTAK. Mr. Speaker, I rise today to honor a remarkable
institution that stands as a center of academic and spiritual
excellence in the Seventh Congressional District of Pennsylvania. That
the motto of this school is ``Pro Deo et Patria'' tells us much about
its tradition and about the wisdom of its founders. That the school
nickname is the Patriots tells us even more about the values and
principles of its students, faculty, administrators, parents, and
alumni. However, in the past year, this school has also established a
new and unprecedented standard for athletic excellence. I am speaking
of the community that is Archbishop John Carroll High School of the
Philadelphia Catholic League.
Last weekend, both the boys' and girls' basketball teams won their
respective Pennsylvania Intercollegiate Athletic Association State
championships. In that remarkable feat, the Archbishop Carroll coaches,
players, trainers, parents, families, and fans fulfilled a covenant to
one another. Well before the season began, they pledged that, although
other teams might seem to have more advantage, none would ever out-
work, out-think, or out-cheer the Patriots of Archbishop Carroll.
The people of the Philadelphia region are renowned for their
knowledge of sports, and it is well established that championships are
not won in a tournament. They are the products of thousands of hours of
practice, conditioning and study long before the first game.
Thereafter, championships are won by the team that establishes the
strongest bonds of trust and respect among one another and the ability
to overcome every adversity. Throughout a grueling season of 62 games,
the young men and women of both teams showed that the physical and
mental preparation, teamwork and, above all, character are rewarded.
Archbishop John Carroll High School offers faith- and values-based
education under the leadership of President Reverend William E. Grogan
and Principal David R. Dickens that confirms the wisdom of the great
John Wooden, who remarked, ``I always tried to make clear that
basketball is not the ultimate. It is of small importance in comparison
to the total life we live. There is only one kind of life that truly
wins, and that is the one that places faith in the hands of the Savior.
Until that is done, we are on an aimless course that runs in circles
and goes nowhere.''
Mr. Speaker, the young men and women we honor today are on the right
course. They are on course in a journey to lead, to teach, to solve
difficult problems in the arts, sciences, businesses, and most
importantly, to raise wonderful children who will carry on the proud
traditions of Archbishop John Carroll High School.
To the players of these magnificent teams and their classmates, this
Chamber and our Nation wish you Godspeed on your journey. We are proud
to know you, and look forward to even greater challenges and victories
that await you.
____________________
INTRODUCTION OF RESOLUTION REGARDING PMA GROUP
The SPEAKER pro tempore. Under a previous order of the House, the
gentleman from Arizona (Mr. Flake) is recognized for 5 minutes.
Mr. FLAKE. Mr. Speaker, in just a few minutes, I will introduce a
privileged resolution, the purpose of which is to have the House Ethics
Committee look into the relationship between the PMA Group--a lobbying
firm that has been raided by the FBI--earmarks received by the raided
firm for their clients and the source and timing of campaign
contributions made by the raided firm to Members of the House.
Mr. Speaker, this will be the sixth resolution that I have introduced
on the same topic. I want to stress again that this is not a partisan
resolution. These resolutions have not been introduced at the behest of
any Republican or of any Democrat. No Member of Congress is mentioned
in these resolutions. No party is mentioned either. This is a problem
that this House simply must address.
[[Page 8756]]
The bottom line, Mr. Speaker, is that, as long as Members of Congress
have the ability, which we currently have, to award no-bid contracts to
individuals or organizations--nonprofit or for profit--then you are
going to have problems, and that is what we are seeing with the
investigations that are going on with the PMA Group.
The PMA Group is a powerhouse lobbying firm that last year had
revenues in excess of $17 million. That firm, as I have mentioned, has
been raided by the FBI, and is now in the process of disbanding. By the
end of this month, in just a few days, it will be gone, from $17
million--boom--overnight to nothing because somebody got on to them and
because they were able to get earmarks for their clients who should not
have been awarded in this way.
We simply should not have the ability here in Congress to award no-
bid contracts to anyone, let alone those who turn around and make big
contributions back to our congressional campaigns. That is what we are
asking the Ethics Committee to look into.
Right now, the Ethics Committee has issued guidance, saying that,
when you want to request an earmark, you have to sign a certification
saying that you have no financial interest in the earmark that you are
signing--that you don't have a spouse working for the firm or that
money is not somehow going to come back to you. The Ethics Committee
has also said that that does not include campaign contributions.
{time} 1700
Yet we have examples of just thousands of dollars, hundreds of
thousands of dollars coming back to those who have requested these
earmarks from the firms who got the earmarks, the lobbying firms who
requested the earmarks for the client and from political action
committees established by the lobbying firm. That doesn't reflect well
on the House.
As I said, this is not a Republican problem or a Democratic problem.
This is a problem that all of us have here, and it needs to be
addressed by the bipartisan Ethics Committee. That's the purpose of the
resolution that I will offer in just a minute
As I mentioned, this is the sixth one. The five prior to this have
been tabled. I don't know what the fate of this one will be. Perhaps it
will be tabled as well. But if it is, we need to come back and do the
same thing because we can't stop until we address this issue.
We are going into a season of appropriations where the Appropriations
Committee, in fact, the earmark deadline, request deadline, is next
week. Are we going to continue to allow Members of this body to secure
no-bid contracts for people who turn around and give them campaign
contributions? That is a question that should be answered before we go
into the appropriation season, and that is a reason we need to move
forward quickly on this.
We looked at the 2008 defense bill. The PMA group, the firm that
again has been raided by the FBI, received more than $300 million in
earmarks for its clients. The 2009 defense bill was a number slightly
higher than that or still totaling that number but looks to be above
$300 million. It is worthy to note that that bill, the 2009 defense
bill which we passed last September, was not even considered by the
full Appropriations Committee in the House. So it wasn't vetted, there
was virtually no oversight there, and when the bill came to the House,
there was no ability for any Member of this body to challenge any of
the thousands of earmarks that were in that bill, a few thousand of
which represented no-bid contracts.
____________________
NOTICE OF INTENTION TO OFFER RESOLUTION RAISING A QUESTION OF THE
PRIVILEGES OF THE HOUSE
Mr. FLAKE. Mr. Speaker, pursuant to clause 2(a)(1) of rule IX, I
hereby notify the House of my intention to offer a resolution as a
question of the privileges of the House.
The form of my resolution is as follows:
Whereas, The Hill reported that a prominent lobbying firm
specializing in obtaining defense earmarks for its clients,
the subject of a ``federal investigation into potentially
corrupt political contributions,'' has given $3.4 million in
political donations to no less than 284 members of Congress.
Whereas, multiple press reports have noted questions
related to campaign contributions made by or on behalf of the
firm; including questions related to ``straw man''
contributions, the reimbursement of employees for political
giving, pressure on clients to give, a suspicious pattern of
giving, and the timing of donations relative to legislative
activity.
Whereas, Roll Call has taken note of the timing of
contributions from employees the firm and its clients when it
reported that they ``have provided thousands of dollars worth
of campaign contributions to key Members in close proximity
to legislative activity, such as the deadline for earmark
request letters or passage of a spending bill.''
Whereas, CQ Today specifically noted a Member getting
``$25,000 in campaign contribution money from [the founder of
the firm] and his relatives right after his subcommittee
approved its spending bill in 2005.''
Whereas, the Associated Press noted that Members received
campaign contributions from employees of the firm ``around
the time they requested'' earmarks for companies represented
by the firm.
Whereas, the Associated Press highlighted the ``huge
amounts of political donations'' from the firm and its
clients to select members and noted that ``those political
donations have followed a distinct pattern: The giving is
especially heavy in March, which is prime time for submitting
written earmark requests.''
Whereas, clients of the firm received at least three
hundred million dollars worth of earmarks in fiscal year 2009
appropriations legislation, including several that were
approved even after news of the FBI raid of the firm's
offices and Justice Department investigation into the firm
was well known.
Whereas, the Associated Press reported that ``the FBI says
the investigation is continuing, highlighting the close ties
between special-interest spending provisions known as
earmarks and the raising of campaign cash.''
Whereas, the persistent media attention focused on
questions about the nature and timing of campaign
contributions related to the firm, as well as reports of the
Justice Department conducting research on earmarks and
campaign contributions, raise concern about the integrity of
Congressional proceedings and the dignity of the institution.
Now, therefore, be it: Resolved, that (a) the Committee on
Standards of Official Conduct, or a subcommittee of the
committee designated by the committee and its members
appointed by the chairman and ranking member, shall
immediately begin an investigation into the relationship
between the source and timing of past campaign contributions
to Members of the House related to the raided firm and
earmark requests made by Members of the House on behalf of
clients of the raided firm.
(b) The Committee on Standards of Official Conduct shall
submit a report of its findings to the House of
Representatives within 2 months after the date of adoption of
the resolution.
The SPEAKER pro tempore. Under rule IX, a resolution offered from the
floor by a Member other than the majority leader or the minority leader
as a question of the privileges of the House has immediate precedence
only at a time designated by the Chair within 2 legislative days after
the resolution is properly noticed.
Pending that designation, the form of the resolution noticed by the
gentleman from Arizona will appear in the Record at this point.
The Chair will not at this point determine whether the resolution
constitutes a question of privilege. That determination will be made at
the time designated for consideration of the resolution.
____________________
THE ECONOMY
The SPEAKER pro tempore. Under a previous order of the House, the
gentlewoman from Ohio (Ms. Kaptur) is recognized for 5 minutes.
Ms. KAPTUR. Mr. Speaker, I join with the President in expressing hope
that our economy will begin to recover soon. No one should
underestimate the pain and worry that the American people are
experiencing during this economic crisis.
Every weekend when I am back in Ohio's Ninth Congressional District,
I hear more worried stories from people about the trouble they are
having making ends meet and planning for their futures with confidence.
For the sake of our country, we simply have to get the economy right.
Thus, I am troubled by several aspects of the most recent financial
stability plan that Treasury Secretary Geithner unveiled this week. I
am most
[[Page 8757]]
concerned by the fact that the American taxpayers once again are
shouldering far, far too much of the risk that was created by
unscrupulous traders on Wall Street in the biggest mega banks and
investment houses. And the plan does not place rigor and market
discipline to correct what faces us.
By committing taxpayer dollars to leveraging minimal private
investment in the private banking system, a private system that is now
substantially owned by the public, the Geithner plan once again places
taxpayers on a very large hook. Why should we use taxpayer dollars to
eliminate discipline and most risk for private investors to purchase
the bad loans in order to clean up the banks' books? Taxpayers didn't
create this problem.
In this new deal, private investors may put up as little as 3 percent
while government--which means our people--put up 97 percent of the rest
as a loan, and a nonrecourse loan at that, which means if something
goes sour, they pick it all up. And guess who gets the profits on the
upside if there is any? That's not a good deal.
This is what should be the focus of our concern. According to an
Associated Press investigation reported recently, these bailed-out
banks sought to hire 21,800 foreign workers in the past 6 years. Major
U.S. banks sought government permission to bring thousands of foreign
workers into our country for high-paying jobs even as the system was
melting down last year.
So, as Americans were getting laid off across our country, according
to an Associated Press review of visa applications, these mega banks
were hiring foreign workers.
Dr. Peter Morici, an economist at the University of Maryland,
described the Geithner plan as ``structured to create more risk for the
Federal Government.'' Why? Because ``it is going to be the fund manager
who raised the private money and then borrowed with a government
guarantee who is going to be paid on the number of loans he or she buys
and he or she will have the temptation to bid whatever it takes. There
is going to be real incentive here for people to overbid.''
Again, the proposal has no market discipline. Price setting will be
taken out of the normal market process. That is never a good idea.
``As a result,'' says Dr. Morici, ``the Geithner plan creates the
potential for another bubble. You have created the potential for a
synthetic bubble inside the government,'' inside the public coffers,
``which could cost the government'' and, in turn, the American
taxpayers, a whole lot more money down the road.
Doctor Morici describes the plan as low risk and high reward for the
private investor and high-risk and high- reward for everybody else, the
taxpayer.
I have said all along that the solution to this crisis lies in using
the existing full authority of agencies such as the Federal Deposit
Insurance Corporation and the Securities and Exchange Commission. I was
outraged by the failure of the Bush administration to use these
existing instruments of the Federal Government, and I am baffled by
this administration's failure to do so as yet. I am concerned that the
Geithner plan will actually place at risk the FDIC's insurance fund.
Dr. William Black, a law professor at the University of Missouri,
Kansas City, who was a key player in resolving the savings and loan
crisis in the 1980s and 1990s has pointed to one explanation: The Bush
administration, in its zealous pursuit of deregulation, ``gutted the
FDIC and its sister agencies' staffs. The FDIC is trying to staff up,
but it has put some absurd limits on hiring the best bank examiners.
The FDIC shortages are critical in examination, not in the use of
receivership.''
Mr. Black goes on to say: ``We didn't resolve the S&L crisis by
appointing `political commisars' to govern failed S&Ls. We hired
competent bankers with records of integrity to run the receiverships.
The academic literature concludes that they did an excellent job. It
is bizarre that (President) Obama and (Secretary) Geithner are
channeling President Reagan and claiming the government can't do
anything and the market is all knowing.''
We have learned that the market is not all knowing, especially when
it is distorted by greed and avarice and government complicity. We have
learned the hard way the costs of ``too big to fail.'' We have learned
not to trust the right-wing ideologues who peddled a devil's brew of
deregulated and free market fundamentalism.
We have learned a hard lesson about free market fundamentalism. Just
as we have learned a hard lesson about free trade fundamentalism. This
snake oil was peddled by the big banks and the big corporations. You
can see the effects by walking down the main street of almost any city
or town in any state surely in the State of Ohio.
We need to learn the lessons of history and apply them. We need to
use the proper government instrumentalities. The proper use of the
market to resolve this economic crisis. Otherwise we will make the same
mistakes. And again the American people will again be left holding the
bag of bad debts for generations to come, throttling economic growth
and compromising our future.
In the end, we must do what is right, not what might be politically
expedient.
____________________
IN MEMORY OF CHRISTINE SARBANES
The SPEAKER pro tempore (Mr. Griffith). Under a previous order of the
House, the gentleman from Maryland (Mr. Hoyer) is recognized for 5
minutes.
Mr. HOYER. Mr. Speaker, in 1966, I was elected to the Maryland State
Senate. I was a few months out of Georgetown Law School. And elected at
the same time was an extraordinary representative of our State. He was
elected to the House of Delegates.
In 1970, he was elected to the Congress of the United States and
served in the Congress until 1976. In 1976, the citizens of our State
elected him to the United States Senate. Paul Sarbanes retired 2 years
ago as the longest-serving member of the United States Senate in the
history of our State.
His partner in all of those efforts was an extraordinary woman. Her
name was Christine. She was born in England. She was an extraordinary
individual. Paul Sarbanes was a great intellect. Christine matched his
intellect. Paul Sarbanes was a person of extraordinary integrity, and
his partner, Christine, matched that integrity.
Paul Sarbanes was a person of great depth and great compassion,
mirrored by his wife, Christine.
Christine Sarbanes, the mother of our colleague, John Sarbanes, who
represents the district that his father once represented. Christine
Sarbanes passed away this weekend. Christine was a loving friend and
partner to her husband for nearly half a century, and those of us who
were active with her husband in the public sphere and got to know her
well and got to be her friend were blessed by that relationship.
She took the partnership with Paul very seriously. From the days when
she and Paul knocked on hundreds of doors each afternoon to get him
elected to the House of Delegates to the days when she acted as Senator
Sarbanes's most trusted adviser. Like her husband, Christine possessed,
as I have said, tremendous political savvy, deep intelligence and a
love of learning.
In fact, she once said that she and Paul bought their house because
it was within walking distance of a library. No one was surprised at
that criteria for purchasing a home.
Christine passed that love of learning to generations of students as
a teacher of Latin, Greek, and French.
{time} 1715
Her son reflects that deep intellect as he serves the constituents of
the Third Congressional District of Maryland.
As a tireless worker for UNICEF, Christine served the international
community. Among the many other charities she served, Christine took up
the fight for children around the world.
So today, Mr. Speaker, we mourn the loss of an honored teacher, wise
counselor, passionate advocate, and her family mourns the loss of an
irreplaceable mother and wife.
I lost my wife Judy 12 years ago. So I know something of the pain
that Senator Sarbanes is experiencing. He's one of my closest friends.
We've been involved in politics for over four decades together, but I
also know that love
[[Page 8758]]
outlasts grief. As Oscar Wilde said, ``Where there is sorrow, there is
sacred ground.''
As long as her loved ones live--her grandchildren will survive for a
long period of time--their memories of the wife, their mother, their
grandmother, will be sacred to them. Something of her will live on, on
the sacred ground of memory, as long as those memories last.
I know that all the Members of this House in which Paul Sarbanes and
Christine, although not elected, served so ably for 6 years, and the
colleagues of his in the United States Senate who grew to know
Christine as well as they knew Paul and respected her and loved her as
they loved Paul, I know they share in his grief, in John Sarbanes's
grief, in his brother's grief, and their grandchildren's grief.
So, Mr. Speaker, I know that the House joins me in expressing our
deep regrets and that our prayers and sympathy are with the Sarbanes
family, a family of immigrants, that came to this country and have made
it better, like so many others. Paul Sarbanes still lives, still
serves. Christine is gone, but her memory is not. We honor her this
evening.
____________________
A CLEAN ENERGY FUTURE
The SPEAKER pro tempore. Under the Speaker's announced policy of
January 6, 2009, the gentleman from Washington (Mr. Inslee) is
recognized for 60 minutes as the designee of the majority leader.
Mr. INSLEE. Mr. Speaker, I've come to the House today to talk about a
bold vision and an act of leadership by President Obama that was again
noted last night by President Obama.
In his news conference, he again stated his commitment to lead our
country to the adoption of a clean energy future by means of a bill
called a cap-and-trade bill, which we're going to talk about this
evening, that he believes and I believe and many people believe will be
a wellspring and mainspring of our economic transition to a clean
energy future for this country.
And I was very pleased to hear him say that last night, because he
has not been timid about recognizing the need for economic growth in
our country, for job creation growth in our country, for taking on new
markets in this country so that we can really rebuild the economy of
this country.
And I heard him last night yet again recognizing that we're not going
to get our economy back on our feet unless we actually take some
action. It's not going to happen just by the tooth fairy.
So last night what he proposed to do is for the Congress, in as
bipartisan a way as we possibly can, to adopt a provision that will
drive investment into the new companies that can create millions of
jobs in our green-collar future in the next decade or two, and he did
that by proposing something called a cap-and-trade bill which will
essentially limit the amount of dirty pollution industries put in the
air and drive investment into the new jobs of the future that can
really give us the new, clean technologies and clean energy that can
lead us to this new future.
So I come tonight to talk about two things that are fundamental to
our ability to realize this vision. The first is, I'd like to discuss
tonight some of the companies that are actually realizing this vision.
Now, President Obama wasn't just sort of daydreaming when he said
that this is a vision that we Americans are capable of. Some of the
companies I will note tonight are on the cusp of creating commercially
viable technologies that can create literally millions of new jobs
where we can create high-tech components and energy sources and ship
them around the world.
So the first thing I'd like to talk about tonight are some of those
new technologies that we can build in America. The second thing I'd
like to talk about is how we can build a cap-and-trade bill that will
assuage some of the concerns.
Now, President Obama knows that this is not an easy setting. When you
propose something big, a big idea like this, people get nervous. They
get concerned. They want to know the details. And there are concerns
tonight about the cap-and-trade bill, and I want to address some of
those about how we're going to build jointly a cap-and-trade bill that
will work for all the country and all segments of the country. So let
me, if I can, first talk about why I believe President Obama's vision
is based on optimism but also a really sound sense of realism.
I want to talk about some of the people I've come to know in America
who are now engaged in building the jobs of the future. Go to Nevada,
where there's a company called Ausra. Two years ago it just had eight
people. Now, Ausra has several hundred people working for them.
What the Ausra concentrated solar energy company does, they have
figured out a way to use long mirrors to concentrate the sun's energy
that heats up a pipe with a liquid in it, some type of oil usually,
captures the sun's radiant energy, uses that oil to essentially heat
water and turn a steam turbine and generate electricity. And now we
have the first manufacturing plant in the United States to build these
system of mirrors that can now be arrayed anywhere the sun shines to
create energy and electricity with no carbon dioxide, no pollution
whatsoever of global warming gases while you're producing that
electricity.
Why is this a big deal? It's a big deal because the world is
desperate for electricity that we can generate at a commercially viable
price that doesn't pollute. Ausra is now manufacturing a plant to do
that. They're not the only one.
The Bright Source company is another company that uses what's called
concentrated solar energy. They do a similar technology, and they just
signed contracts for I think over 2,000 megawatts of concentrated solar
energy to provide our grid system.
So here are two companies that are leaders that could potentially
create massive new job creation, not only giving us electricity, but as
importantly, developing technology that we can sell to the rest of the
world.
I met the environmental minister of India this afternoon, and they
are desperate for clean energy. Now, President Obama has a vision that
I think can come to reality. Ausra and Bright Source make this
technology. We build it here, we design it here, and we sell it to
India, and we sell it to China, and we sell these products to Korea.
This is the vision of economic growth that he recognizes, and I think
the country will come to recognize is our best way out of the economic
morass we're in.
Go to Boston. In Boston is a company called A123. A123 has developed
a lithium ion battery that is capable of producing a plug-in electric
car where we can run our cars for 40 miles on nothing but electricity,
home-grown, American electricity. Imagine a future where you're
generating electricity with solar power, and you're feeding it in at
night, you plug your car in at home at night, you unplug it, and you
drive to work. It goes 40 miles, which 60 percent of our trips are less
than 40 miles a day, on all electricity. You get an infinite miles per
gallon of gasoline because you don't use any, at least in your first 40
miles.
Now, A123 battery company is competing with a loan guarantee, again
under President Obama's plan, to start the manufacture essentially of
this type of component, and this is an extremely important realization
by our new President. He realizes that we're going to have electrified
cars, and we're going to need advanced batteries to run them, and we
want those batteries made in America. We don't want us to be driving
cars with electric batteries made in Korea or China. We want to drive
cars with batteries made in the United States, and we want to sell
those batteries to Chinese car buyers and Korean car buyers. That's a
vision we need to pursue.
So we need policies that will drive that investment into the United
States, to build these new electric batteries here, not Korea, not
China. And why is that important? Well, it's important because if we
don't do this, we're going to trade our addiction to
[[Page 8759]]
Saudi Arabian oil, which we're addicted to now, for an addiction to
lithium ion batteries made in Korea or China.
Now, if we don't start taking some action here in Congress, that's
the type of fate that our economy would have. Fortunately, we have a
President with a plan to, in fact, do this domestically.
So now I will travel West to Michigan to see General Motors, who is
getting ready to build the GM Volt, which is a plug-in electric car so
that our car manufacturers can start to build this new generation of
vehicle, leading the third generation to an all-electric vehicle.
And just to show you that our car manufacturers, even if there's
dislocation in the car manufacturing business, I'll tell you about
another little company I heard about called Infinia. Infinia is a
company in Tri-Cities, Washington. It's in southeast Washington.
They have developed a concentrated solar energy machine. It is called
a sterling engine, a sterling engine. It's very old, but they're now
figuring out a way to make it commercially viable. Essentially, it uses
a pressure differential created by solar thermal energy that drives a
piston, and it creates electricity. And the beauty of the Infinia
product is that people who have made cars, this is exactly the type of
technology to now start making sterling engines because it's
essentially automobile technology. It involves a cylinder, a
transmission, and people in the auto industry can transition into this
new industry.
So here are five companies I've listed that if we adopt the Obama
cap-and-trade system and energy plan, we've got a chance to really
drive the economic development.
So, I have a few others I thought I might share with you, but we're
joined by Ron Kind from Wisconsin. He is the leader of the New
Democratic Coalition that's invested in pushing ideas about how we
really innovate, and I'm glad you've joined me. I wonder if you have
some comments.
Mr. KIND. Well, I appreciate my good friend from Washington for
yielding a little bit of time, and I want to join you in this Special
Order a little bit because there are a lot of exciting things happening
right now in the area of alternative and renewable energy development,
but especially to commend you for the leadership that you've given, not
only to the Congress but the rest of the Nation, in trying to challenge
our vision, where we're going to go as a country, as a people, to put
us on a glide path toward energy independence, to break our addiction
to foreign energy sources, and to be smarter consumers of energy at the
end of the day.
I was one of probably many in this Chamber that read my good friend's
book on this subject, ``Apollo's Fire.'' That's not a shameless plug
for royalty's sake, but it was a good read, because you did cite in the
book many examples, a lot of the innovation and creativity that's
happening throughout the country now in this field.
{time} 1730
That's why I'm excited with the current Obama administration and the
urgency that they see and the priority that they're making in a new
energy future for our country.
Just today, I had the owner of a company in Manitowoc, Wisconsin--I
represent a district in Wisconsin--called Orion Energy, which has
developed what is called the Apollo Light Tube. It doesn't use any
electricity. It merely harvests the light of the day in order to focus
it in the light-up manufacturing of floors, churches, schools--zero
CO2 emission, obviously--and it's tapped into the electric
grid of that building so that if it's a cloudy day, the regular energy
source kicks in so you maintain a constant light ambient for work
conditions or for customers in that building.
But the payback is roughly 4 or 5 years on it. And this is the type
of thinking that we need to keep spurring and keep encouraging in the
country that's going to help us get out of the energy box that we're in
right now.
I think you've recognized for a long time that time is of the essence
on it. President Obama understands that the recent reduction in energy
prices are very temporary in nature and that once a recovery starts
taking place both at home and abroad, we are in all likelihood going to
see a rapid escalation of energy costs and then everyone looking at
each other trying to figure out who to blame that we are back in this
energy box again.
So I would hope that, again, with your leadership and like minds in
the Congress today, working with the current administration, who I
think really does get it, that we have an opportunity to lay the
foundation for a sustainable energy future in our country in
anticipation of this cycle coming back again with increased energy
costs.
I think time is of the essence. We have got to work hard to get it
right at home so we can share this with the rest of the world. If we're
ever going to have any chance of averting the global catastrophe of
global warming, a lot of that leadership and creativity is going to
have to occur right here first at home, with the right incentives and
with the right blueprint to accomplish it.
I thank my friend from Washington State again for his leadership.
Mr. INSLEE. I would like to yield to a tremendous leader in the clean
air revolution, our Speaker, Nancy Pelosi, who is truly leading the
House in the right direction.
Madam Speaker.
Ms. PELOSI. I thank the gentleman for yielding. I wish to also
acknowledge his leadership and that of Mr. Kind on this important
issue--the issue of global warming, of clean energy, of how we reduce
our dependence on foreign oil, and how we do so as a national security
issue, as an economic issue, as an environmental issue, and as a moral
issue to preserve our beautiful planet, which is God's creation.
I listened attentively to what you had to say and look forward to
your weighing in as we write legislation to do just that.
I rise to call attention to the serious challenges facing the people
of North Dakota--the record crest of the Red River threatening the city
of Fargo, the ice jam causing flooding on the Missouri River and
forcing evacuations in Bismarck, and flood and other related impacts in
other parts of the State.
As you know, our colleague, Congressman Earl Pomeroy, has flown home
already to get back into making sandbags, as he has done already this
week. North Dakotans are no strangers to floods, Mr. Speaker. Grand
Forks was devastated by the Red River flood in 1997, forcing the entire
city to rebuild.
North Dakotans are no stranger either to the ideal of neighbors
helping neighbors. Through the weekend and early parts of this week,
thousands of people--including high school and college students,
National Guardsmen and women, and our own Congressman Earl Pomeroy,
among many others, have stood shoulder-to-shoulder filling sandbags to
protect Fargo and other cities from the dangers of rising waters.
Others have come together to offer shelter to those forced to leave
their homes.
As of late last night, Fargo residents and out-of-town volunteers had
filled over 1 million sandbags--over 1 million sandbags--and they
aren't stopping. I salute the work of these Americans coming together
in common purpose in this time of need.
While there is and will be a significant Federal role assisting those
impacted, the work of the community is the first line of defense.
Congressman Pomeroy has briefed me about the seriousness of this
situation, and I have assured him that this Congress will be following
the situation closely and are prepared to respond as required.
President Obama has swiftly acted, declaring North Dakota a Federal
disaster area. Congress will act with no less speed to ensure that the
people of North Dakota have everything they need as the flood waters
recede.
I know that the Governor is working with Mr. Pomeroy in a bipartisan
way and I look forward to communicating with the Governor to see how we
can be helpful.
[[Page 8760]]
The thoughts and prayers of this entire Congress and the American
people are with the people of North Dakota and we will work with them
to ensure that they have all they need in the days and weeks ahead.
As we extend expressions of sadness to the people of North Dakota for
what they are going through, I want to also associate myself with the
remarks earlier of our distinguished Democratic Leader, Mr. Hoyer, in
acknowledging the passing of a great lady, Christine Sarbanes. While
you could say wife of Senator Paul Sarbanes, she is also the mother of
John and her other children, of whom she was very proud--John, our
colleague--and other children of whom she was very proud. But she was a
star in her own right--in academia as a teacher, and a great lady, who
will be sadly missed by all who knew her.
Everyone who did know her had the highest respect for her and extend
to her family our sympathy. I hope it is a comfort to them that so many
people loved Christine Sarbanes, mourn their loss, and are praying for
them at this sad time.
With that, my colleagues, I thank you for yielding and for your
leadership on the important subject of climate change and clean energy.
Mr. INSLEE. Madam Speaker, before you go, just one comment. Our
colleague Earl Pomeroy is a very good sandbagger and sandbag filler. I
talked to him this morning about that effort. He's been working hard.
He was on the floor this afternoon making sure that all of his
colleagues knew about this problem and I saw him talking to several
folks about some ideas to help his constituents. Thank you for caring
about his great State.
Ms. PELOSI. Well, he impressed us all when Fargo was flooded before--
and now Bismarck, which was really kind of a surprise. He told me that
when he was sandbagging, he was standing next to I think a heart
surgeon on one side and a prison inmate on another. And it really
didn't matter. They were all there to help the community.
But those of us who have experienced natural disasters in our
communities know that this is a very fragile time for people because
they have lost their personal resources--their home, their clothes, the
rest--and it's hard to be a neighbor when you don't even have a home to
go home to yourself. But the spirit that they have is something that
will see them through.
We have to do our part so that as soon as they have fought and met
the emergency rescue needs and the rebuilding, that they have no doubt
that the Federal Government and this Congress will be there for them.
I join you in saluting Congressman Pomeroy and his work on behalf of
the entire State--he has an entire State. A Member of Congress with the
entire State of North Dakota.
Mr. KIND. If the gentleman would yield on that point.
Mr. INSLEE. Yes, sir.
Mr. KIND. If there's anything worse than having to deal with rising
waters, flood waters, it's having to deal with it in freezing
temperatures. That's exactly what has hit North Dakotans right now. As
a Member who I think has more miles along the Mississippi River than
anyone else in this place, we've had our fair share of flooding in the
upper Mississippi region. Even when the waters recede, it takes weeks
and months for the cleanup to occur.
I share in offering our best wishes and hopes and prayers for those
going through this very difficult time and I'm confident that the
United States Congress and the current administration will respond with
the type of help and assistance that those communities are going to
need in order to battle out of this mess right now.
Of course, Representative Pomeroy is probably the most distinguished
sandbagger in this place. It's an area of expertise you really don't
want to claim. Unfortunately, he's had his fair share of experience.
I'm sure those communities are going to fight through this again.
Mr. INSLEE. Thank you, Madam Speaker.
Ms. PELOSI. I thank the gentleman.
Mr. INSLEE. We'll turn our attention now, again, to the issue of how
we promote this job creation in this new energy world. I want to
perhaps now talk about the second thing this evening we want to talk
about, which is how a cap-and-trade bill will actually promote job
creation.
It's very important, obviously, for environmental reasons, why we
want to prevent global warming. It is obvious why we want to get off of
our addiction to Middle Eastern oil. It is obvious that we have
national security concerns that promote the development of clean
energy.
What is not so obvious always is the fact that we can create jobs by
making smart and commonsense policies. I want to briefly talk about six
things in the bill President Obama is ultimately going to help us pass
that will be very helpful.
First off, in his cap-and-trade bill, he will pass and we will pass a
cap on the amount of pollution that goes into the atmosphere, which our
grandchildren deserve and we deserve and our homes deserve so that the
climate does not change dramatically.
We have a cap right now on many pollutants. We limit the amount of,
for instance, sulfur dioxide and other pollutants that go into the air.
But, unfortunately, polluting industries are still free to put
unlimited amounts of one of the worst pollutants in the globe right
now--carbon dioxide--which is responsible for changing the climate of
the planet.
So we need to essentially close the huge loophole in our laws right
now and put a cap on the amount of pollution that's going in the
atmosphere. Then we need to charge polluting industries for the right
to put this into the atmosphere because obviously we don't want it to
be allowed to go up there for free because it will be put in the air
for free. And we can't do that as citizens.
We can't go to the garbage dump and take our pickup load of all the
junk in our basement that accumulates--I don't know how, but it ends up
there. We can't go to the garbage dump and dump it for free. We've got
to pay $25, $30. That should be true too, including industries who put
pollution into the atmosphere, which has a limited carrying capacity
before the climate changes.
So President Obama has proposed we simply extend an American law we
have for several other pollutants, including sulfur dioxide, to the gas
of carbon dioxide.
Now there are six things I want to address about that bill and then I
will yield to Mr. Tonko. I'll just note a couple of them.
The first thing in this bill is that the money that is generated when
these permits are auctioned off to these polluting industries, the bulk
of it is going to go right back to American citizens. It's going to go
right back. It's going to be recycled so that American citizens have
assistance with their energy bills.
So that money is going to be paid into a pool by polluting
industries. The vast bulk of it is going to be recycled right back to
American households for help on their utility bills.
We're going to have a way to get that job done. We are designing it
now. We want to have bipartisan help, if we can do that. We would love
Republicans to help us to do that because we hope that they'd want that
to be the case, that a significant part of this go back to the American
taxpayers.
So for those who are concerned about the utility bills, the first
thing to realize about a cap-and-trade bill is the most significant
part of this money is going to go right back to citizens. And that's
perhaps the first thing people should know about it.
The second thing they should know about it is that some people are
concerned from coal-producing States that if we pass this cap-and-trade
bill, it will be too disruptive to their economies.
Here's a very important point for those who are in regions of our
country that use coal, which is tremendously abundant and has been a
very effective energy source for us, but in fact has the problem now
that if we continue to burn it, if we burn all the coal we have, we
will cook the planet, unless we find a way to sequester carbon dioxide
and
[[Page 8761]]
put it where it can't get in the atmosphere.
For those who are concerned about this, it's important to note that a
significant part of this pool of money that will be generated is going
to go to research to help the coal industry figure out a way to bury
carbon dioxide so that it doesn't get into the atmosphere.
For those who worry about this--of the continuation of the coal
industry--they ought to support this approach because we're going to
generate money to help the industry develop a way not to put carbon
dioxide in the atmosphere. If we do that, coal could have a long-term
future in our economy. If we don't, it does not. Because we have to
find a way to reduce the amount of carbon dioxide going into the
atmosphere.
So here's two central points that those who are looking at a cap-and-
trade bill and are worried about it. I hope they will realize the first
thing, the money is going back to the consumers; second, we're helping
industries that might otherwise be in dire, dire trouble if we don't
help them out.
With that, I'd like to turn to a new Member of Congress, Paul Tonko,
who has a tremendous energy background. I'd love your thoughts this
evening.
Mr. TONKO. Thank you, Congressman Inslee. I appreciate your
leadership in regard to the environment and the energy and what that
means to this Nation's economy and certainly to job growth.
{time} 1745
I think to summarize where we can be with this innovation economy is
to speak to American energy produced by American jobs. That, in and of
itself, is a powerful statement, knowing that we can grow our energy
security, we can spark an innovation economy driven by a greening up of
our energy policy, and reduce our dependency on the foreign imports of
oil and petroleum from some of the most troubled spots in the world.
And I believe that, as we do that, not only do we address our energy
security, but we address our national security. It becomes an issue
that allows us to better deal with international relations and to avoid
the sort of involvement that we have had in the Middle East. So I think
it is an important issue well beyond energy and job creation; it is
also an international affairs issue, as we grow our international
security, our national security.
The fact that American energy can produce American jobs that then
provides a benefit in many ways to the American families from coast to
coast is an important factor. Economists have estimated that well over
one-half of the growth of our Nation's GDP was in relation to the
development and adoption of new technologies, of emerging technologies.
That was done on average with a 3 percent investment in R&D, 3 percent
of our GDP. Think of what happens when we enhance that number, when we
go well beyond the 3 percent investment in R&D. We should expect,
rightfully, that then that produces a tremendous impact on our GDP, on
the growth of our GDP.
The President has said, I believe correctly, in a very visionally
sense that this struggling economy that we are working to improve now,
a struggling economy which he inherited as President, can be improved
if we provide assistance and reforms to our health care arena and to
our energy arena. That produces jobs, that produces a response to the
needs of the American society in a way that is cutting edge, state-of-
the-art. And as we grow that greening up of our energy supply, as we
produce here locally in the USA rather than relying on foreign
importation, we are then going to then strengthen the outcome because
we are going to embrace the intellectual capacity of this Nation. We
are going to take those R&D situations. Where there are success
stories, we will deploy them to the commercial sector.
We have today shelf-ready technology that can assist in so many ways
that speak to energy efficiency, that speak to job production, that
speak to a much better use of resources, that provides for a favorable
response to reducing that carbon footprint.
Mr. INSLEE. The good news is that President Obama is right on the
beam of what you are suggesting; because in this cap-and-trade bill, he
is not suggesting using the money that is generated by the polluting
industries buying these permits for museums or nicknacks. He wants to
put the money that doesn't go back to consumers, that is recycled right
back to consumers, which will be the bulk of it, he wants to put it in
a research and development, and he is proposing $15 billion--frankly,
we think it may end up being higher than that--to develop these
American industrial technologies so we can put Americans to work in
green-collar jobs. And I think that is so important, because if you
look at the energy research we have been doing, it is pretty pathetic
until President Obama was President.
I will give you what was an eye opener to me. The dog food industry
of the United States spends more on research and development than the
entire electrical utility industry of the United States. We have not
done our knitting when it comes to research and development funds.
Now, we started in this new bill we just passed, which put about $70
billion into research, but we need the second, third, and fourth year
out. And President Obama, in this cap-and-trade, we are going to
dedicate these funds. They are not going to be used by Member of
Congress for just some pet project; they are going to be dedicated for
clean energy research and development.
And when President Obama talks about that, what I am particularly
impressed about is he is not focusing on one little silver bullet here
like he has got some favorite technology, he is putting it in the whole
vast array of new possibilities; solar photovoltaic energy,
concentrated solar energy, engineered geothermal energy, advanced
biofuels, lithium ion batteries, coal sequestration to find out if we
can burn coal in a way that doesn't put CO2 in the
atmosphere.
So this is a mechanism he has proposed to do for energy what John F.
Kennedy did for space.
Mr. TONKO. Absolutely. And I think that that sort of vision that was
shared with the public back in the early 1960s by President Kennedy is
the sort of sequence here that we have with President Obama, where he
is expressing to the Nation: We can do better than we are doing today.
I believe that totally.
I am optimistic about growing out of this energy situation in a very
powerful way, in a very expressive way that allows us to put an
American stamp on this.
I represent Schenectady, New York. They are the city that lights and
hauls the world. They earned that reputation because of the inventions
and innovation that came out of that city through names like Edison and
Steinmetz that determined our energy future over a century ago, and
then manufacturing that took place in that city and in that Mohawk
Valley region was all about invention and innovation. We saw what
happened when they built the locomotives that hauls, again, the world.
All of this is part of a spark of invention that drove an economy for
decades.
We are at that same juncture now. As we have hit rock bottom with
this economy it challenges us. We are facing a crises, but out of that
can come opportunity.
Here is the opportunity. When you talk, Congressman, about the
geothermal and solar and PV and all of those aspects, let me throw
another one out there, kinetic hydropower.
When I was at NYSERDA, which was my workplace before entering
Congress, we were involved with a kinetic hydropower project on the
East River along the island of Manhattan. We were in demonstration
project addressing this situation, and it is forecasted that we can
produce as much as 1,000 megawatts of power through kinetic hydro,
which is similar to a wind turbine but beneath the turbulent waters of
the East River.
There are so many ways to deal with the environment in a benign way
to produce energy. Over 8,300 megawatts in this country of wind power
are existing today. We can do far better in the solar, wind,
geothermal, kinetic hydro
[[Page 8762]]
areas, and many other ideas that can transform how we produce energy,
and produce energy that creates American jobs.
That is what this is about, American energy producing American jobs,
speaking to the needs of American families and American business.
Mr. INSLEE. By the way, there are people who might be listening to us
talk about this tonight who might look askance at some of these new
technologies. They might think it is people with funny hats on talking
about some kind of crazy thing that is never going to come to pass. And
some of these technologies will not become commercially viable. The
nature of exploration is that you try things, and some of them don't
work and some of them do work. And some of the things we are talking
about tonight may not work. But I would just hearken back to a recent
experience.
Ten years ago, when we were arguing that we should try to develop
wind power people thought those were just going to be little Dutch
windmills that could never really generate electricity. Well, this year
the United States of America became the largest producer of wind power,
electricity generated by wind in the world. We are number one in the
world of wind-power generation. And, more people today are working in
the wind power industry than are working in the coal mining industry.
That is not to diminish the importance of the coal mining industry. It
is important. Those are good although very difficult jobs. But the
point is, ten years ago people would have laughed at us if we would
have said we are going to have more people working in the wind turbine
industry than coal. And, in fact, that has come to pass, and wind is
still going gang busters. We cannot put up wind turbines fast enough.
We have to build the lines to get to them, and that is another part of
President Obama's plan to build the lines to get to the wind turbines,
and he has committed significant dollars to make sure we do that.
I want to point out something about the fourth point of some people's
concerns about this cap-and-trade bill. Some people have expressed
concerns that it would only help the coastal regions, the Seattles of
the world where I am from, the Bostons of the world, and leave out the
heartland, and nothing could be more further from the truth. I just
want to mention a couple reasons.
Number one, one of the big winners in this new transition is the
agricultural part of America, the heartland, for a couple reasons.
Number one, it is where the wind is. And farmers today are getting
$3,000 to $6,000 a year just in lease payments to leases a few hundred
square feet to put a wind turbine on. And there are a lot of happy
farmers in my State right now, and there are going to be a lot of happy
farmers in the Midwest, in North Dakota and Wyoming and Iowa. There are
going to be a lot of farmers sitting in that chair seeing those checks
come in the mailbox from getting to rent these wind turbines.
Second, there is a way in this cap-and-trade bill that farmers may be
able to essentially get paid for using their topsoil to sequester
carbon dioxide. If they can find ways, tillage practices and the like,
they can sell the sequestration service, the service of their soil of
taking carbon dioxide out of the air and burying it in the soil; and we
think there is a way we might be able to design a system to do that.
Third, biofuels. You know, we still have advanced biofuels. It is not
just biodiesel and corn-based ethanol. That was sort of the first
generation. Now we have got to move to the second generation of
cellulosic ethanol and then the third generation of algae-based
gasoline. By the way, there is a company called Sapphire Energy right
now that just opened up their plant in New Mexico to do that.
So we want to make the point that those who care about the
agricultural communities, there is a tremendous upside to moving
forward with this cap-and-trade system.
Mr. TONKO. Congressman Inslee, you mentioned agriculture. I will tell
you that the State of New York through its SUNY operation, the State
University of New York, has a number of ag and tech campuses. I can
name one that I represent, Cobleskill, that is going through a
transformational project of creating energy. There is a SUNY campus
that is dealing with hybrid types of soy that they are developing so
that it could be used in the biofuels system. Others are looking at
beet produce that can be created in a way that will allow for ag
diversification.
I represent many dairy farmers in my given area. We worked on a
project when I was still in the New York State Assembly serving as
energy chair, and we incorporated the services of NYSERDA, the New York
State Energy Research and Development Authority, the local utility,
Cornell University with its R&D efforts, and some ESCOs, energy
services company, and the Farm Bureau. We worked together, and created
energy efficiency programs that drove down energy demand at these dairy
farms by anywhere from 30 to a 45 percent, and we started with two
demonstrations and people were so favorably touched by that exercise,
and then opened it up to 70 participants of different dairy farms that,
again, realized a reduction in their bill, not by any change in the
rate that was produced, but by the amount of energy they had consumed.
And you are dealing with a perishable product, one that is highly
regulated. You have pumping and cooling processes that need to be
addressed. They did this in an energy significant relief mannerism that
produced a far better outcome for an industry that is stressed. We hear
today about these dairy prices. We somehow as a society pride ourselves
on eating cheap. Dairy farmers work 24/7. They need a fair price for
their milk. But what we could do at that State level was reduce their
cost of business, and we had done that, which I thought was
tremendously powerful. The opportunity to invest in wasted energy
projects on our various farms, of all sectors in this country, to deal
with digesters.
You know, you talked about job creation and perhaps people seeing it
as some sort of magic wand out there that is being waved. Let us just
look over our shoulder at recent passed history just over the last
century. What happened when we put our minds to work to R&D and
innovation and invention? We went and produced an internal combustion
engine, we went and developed electricity. That created unprecedented
amounts of jobs in the manufacturing sector. And then, we put people to
work on those manufacturing lines in the auto industry, and then put
many people to work building dams, building power plants, and putting
together our national grid system.
So we know what these jobs can look like. We know that when we invest
in R&D, when we provide for our own American generation of power
through American jobs, we can create a tremendous amount of economic
recovery.
{time} 1800
Mr. INSLEE. You mentioned the electrical grid. It is very important
that we build an electrical grid that is up to these new technologies.
And I will be introducing a bill in the next week or so to create a new
Federal way of siting, planning and financing these new high-density,
high-capacity grid systems to get that job done.
Before I yield to Mr. Polis, I want to just mention one thing before
I forget. There is a fifth concern about our cap-and-trade bill that
the President has proposed. Some people have rightly been concerned
about a market mechanism to allow companies to swap these permits. And
given what we have gone through in the recent past, we all are
rightfully skeptical of a new market system that could be manipulated
by those who let greed overcome their common sense. So it is very
important that when we design this system, we design a new regulatory
system that is fully capable of being the most aggressive, most hard-
nosed, toughest, most ambitious, most foolproof regulatory system known
on planet Earth. We intend to accomplish that. We do not intend to
allow this market to be abused, as other markets have been, including
by regulating derivatives that have
[[Page 8763]]
been the bane of some of these market disasters. So we hope to use this
as a template on how to really do other markets so that we don't have
that problem.
I want to now yield to Mr. Polis from Colorado, who has been a great
leader on these measures that have had tremendous success in the
development of job creation in Colorado. We are envious of some of the
things you're doing there.
Mr. POLIS. Right in my district, which includes Boulder County and
Adams County, green jobs, green energy jobs have really been the
fastest growing job sector in the last several years. It has really
been a huge boon to us. As my colleague from New York (Mr. Tonko) said,
when we are talking about building a green energy economy, we are
talking about creating jobs. And we are talking about creating good
jobs.
Some of this ties into the job preparation we need to do. I had the
opportunity to join Representative Tonko earlier this week and learned
about some of the projects that General Electric has training wind
energy engineers in Upstate New York. It is a terrific program. Near my
district, we have the National Renewable Energy Laboratory, and we have
a wind turbine testing laboratory. These partnerships with community
colleges and partnerships with workplace training are absolutely
critical to make sure that people have the job skills of the future.
These are areas that America will not only be competitive in but will
be growth sectors for jobs. The truth is we are not going to have the
same strong economy, the same opportunity to support the middle class
lifestyle with the same kinds of jobs that America did in the 1950s.
Some of these jobs will still be around. But those are not the growth
sectors of the 21st century.
One of those critical growth sectors, in addition to health care and
others, is green energy jobs. And by having public policy that sets a
framework nationally through a cap-and-trade, we are encouraging the
creation of these very kinds of jobs that will help us emerge from this
recession.
One more thing that sometimes gets lost in talking about the benefits
and some of the individual things we need to address like, of course,
we need a way to get farmers on board. We need a way to broaden the
appeal and make sure that the money goes back to those who deserve it.
One thing that sometimes gets lost are the costs of doing nothing, the
costs of not taking action on climate change. Earlier today I was on
the floor, and I have a little vial of pine beetles here, Dendroctorus
ponderosae. I used them when we were talking about the FLAME bill
earlier today, and the rule passed. But these are in epidemic
proportions across Colorado and other States. I know Washington and
Florida have an infestation. As a result of a changing climate, we have
not had a cold enough winter in over a decade to kill off the larvae of
those pine beetles. Now, of course, in any one particular event, you
can't determine causality and say it was absolutely this or absolutely
that. But the truth of the matter is we have not had a cold enough
winter to kill these off. It has killed, in Grand County, in one of my
counties, 90 percent of the pine trees. It is sweeping through Summit
and Clear Creek Counties. These are counties that our viewers tonight
will know because they contain popular ski resorts, Vail, Copper
Mountain, Beaver Creek, Winter Park. And, of course, not only is it
changing the ecosystems in these areas, it is also creating a huge
forest fire risk.
This is just the tip of the envelope with regard to the vast, vast
environmental changes that will affect our country with regards to
climate change. And when we are talking about a farmer supporting
himself, the cost of not taking action and having the weather dry up,
having more sun where there is sun, less sun where there isn't sun, the
cost of that needs to be taken into account. When you compare whatever
we're talking about in terms of the costs here, with the cost of not
taking action, it is not even close. And I think that is an important
point to make as well.
Mr. INSLEE. I appreciate that comment. I'm going to make a couple of
closing comments and turn it over to my friends here. We have come
tonight to try to assuage some concerns about this program. We know we
have to move. Inaction is not an option. Failure is not an option here
given what is going to happen to our country otherwise. But I just want
to mention five things.
Those who are concerned about the impact on consumers, we will be
recycling the money generated from this, to a large extent, back to
consumers, right back into their pockets, number one.
Number two, for those who are concerned about the impact on coal-
dominated regions, this is the only plan out there to help the coal
industry survive long term by doing research to find out if we can
sequester carbon dioxide and allow coal to remain a viable option for
this country.
Number three, those who are concerned about the impact on
agriculture, we know agriculture is going to suffer if global warming
continues. Take a look at the drought and the almond farmers who are
losing their orchards in California right now because of the drought.
And farmers are going to be able to make money from this program in
wind power, in sequestration and in advanced forms of biofuels.
Number four, we will provide the American people what they deserve in
market protection. We will have a regulatory program that will keep the
rascals out of our till in these markets. And it will be a template of
further markets.
Number five, we will do for research and development what Kennedy did
for space in the original Apollo project and finally get this country
up to speed on generating these new technologies. So we hope people
will take a good look at this.
We are very appreciative of President Obama's inspirational
leadership here, and we intend to do our part.
Mr. POLIS. If the gentleman will yield for a moment before he
departs, you hit all the objections. That is everything that we have
heard on the other side. Anybody who objects, it falls into those
categories. And you have a response. And there is a response for every
one of those. All of these arguments fade away. There is not a single
argument against taking bold action on cap-and-trade that we haven't
addressed here today.
Mr. INSLEE. If you find anyone objecting, give them those five
points, and we hope they will see the light.
With that, I ask unanimous consent that the gentleman from New York
be redesignated the time.
The SPEAKER pro tempore. The balance of the majority leader's hour is
reallocated to the gentleman from New York (Mr. Tonko).
Mr. TONKO. Thank you very much, Congressman Inslee, and thank you for
your leadership.
You are very right in acknowledging the role that our new President
is playing and his sense of vision that has been shared with the
American public. It is that sort of boldness to take a golden
opportunity and turn it green that this President has really embraced.
He and his administration, Secretary Chu from the Department of Energy,
and others are anxiously looking forward to creating that new era of
energy generation for this country. And certainly Speaker Pelosi in our
House and all of the leadership here and the respective chairs are fast
at work, and the membership at large, because we know this is a great
way for us to address this economic recovery that is so necessary.
Congressman Polis, you mentioned the hearing the other day chaired by
Congressman Hinojosa who chairs the Subcommittee on Higher Education,
looking at higher education and workforce opportunities. And you're
right in that we create many jobs in that direct ripple that is caused
by dropping the stone into the water here. That first ripple does speak
to wind technicians and site operators, for instance, for wind turbine
operations across the country. GE spoke to that at the hearing. But
then it is all the other ancillary impacts that can be made in a way
for our manufacturing sector, our agricultural sector and our service
sector
[[Page 8764]]
as we apply these funds to energy efficiency retrofits, as we work with
various States to provide the resources that allows our manufacturing
to be as smart and energy innovative as possible. Then when they are
competing in that global marketplace, they will be winning the race
because of doing it in a smarter and more energy-efficient way.
I think that is an important part here because there are many, many
winners across the board as we move forward with these technologies.
Looking at the inspiration that comes from the labs where we are
developing some of these projects, it is important to indicate the
success that has been driven by engineers, inventors and innovators.
But this is also about reaching to the trades, making certain that our
trades people are allowed to participate in this green-collar job
growth so that as the white- and blue-collar traditional jobs now get
in some ways transformed in certain sectors to green-collar job
opportunities, we will have room for everyone from the skill set of the
trades people over to the 2-year, 4-year graduate levels of the
workforce that can really inspire this sort of innovation economy that
holds great promise for an economic recovery.
Mr. POLIS. I think that is an excellent point because sometimes when
people talk about the jobs that are being created, I think that our
viewers might envision, oh, well, you need a Ph.D. for that, or you
need to be a researcher. No. The vast majority of the jobs that are
created are jobs that are good-paying jobs for working families, where
we can do a good job in our high schools running vocational programs to
prepare kids into these jobs. In community colleges, again, you talked
about the testimony, most of the jobs created require associate
degrees, 2-year degrees, we are not even talking 4 years, we are
talking a 2-year degree to do a lot of these great green economy jobs.
This goes across the entire spectrum. Of course, there are some jobs
for Ph.D.s and for college graduates. Across the board, this is going
to be a critical growth sector and a growth sector in an area that
makes America stronger. This is a patriotic sector. This is something
that fundamentally helps the national security needs of our Nation,
helps put America back to work and helps address the biggest global
issue that we are facing, which is global climate change due to carbon
emissions.
Mr. TONKO. It is interesting, because as we heard from a
representative from a community college dealing with the greening up of
jobs from Hudson County Community College in the capital region of New
York, it is interesting to note that across this Nation, we are gifted
with several campuses that are community colleges. And that has become
in New York State the campus of choice. Because of the economics of the
times, I believe a lot of people, if they have been displaced, are
looking to train or retrain for other opportunities. And now with the
growth of community colleges and the strengthening that they have been
part of, they offer hands-on experience. So to watch some of the
construction majors at Hudson Valley Community College being taught the
state-of-the-art application of photovoltaic on solar array systems for
rooftop application is a wonderful outcome. To witness that and know
that there will be those individuals who can maintain, install and
repair these systems and be part of that solution, because we need the
human infrastructure to be developed so as to move into this energy
revolution, as we look at our campuses, they hold great promise for
this. In the State of New York, Hudson Valley has been working with
NYSERDA, New York State Energy Research and Development Authority,
through resources, through a plan, through a sense of vision that is
shared and then incorporated into the work that they do. They reach out
and deal with some seven or eight different community college campuses.
They then train those people that will be the trainers in their given
campus community.
Just recently I had met with Fulton-Montgomery Community College,
again in the congressional district that I represent. And they are
talking about the nano sciences, the nanotechnology growth in the
capital region of New York. They are going to train people to work in
clean rooms. They are going to make certain that they have that gift to
be able to be there in all sorts of capacities, at all levels, to make
this work so that as people look to growing incubator opportunity, they
are going to need a workforce, as people not only deal with startups
but grow those given businesses that are there today that are energy
and technology related, they will require the workforce that is
specifically trained and ready to go.
This is a package that comes together nicely with the vision that is
shared by this President, with the leadership that he has executed and
with the outstanding leadership here with Speaker Pelosi and our many
chairs and our leadership of the House.
Mr. POLIS. In addition to the energy production side, there are also
good jobs in the energy conservation side, when we are talking about
weatherization, when we are talking about reducing our energy
consumption. There are two parts of the equation for carbon emission
reduction and they are both equally as valid. There are a lot of great
jobs in that area, too. So when we are talking about cap-and-trade, the
American people should hear win-win. The American people should hear
this is the solution to global climate change. The American people
should hear, this is a solution to a whole host of national security
issues and our reliance on foreign oil that weakens our country, and
this is the solution to getting our economy going again and creating
good jobs.
When Representative Inslee was here, he addressed all of the
objections that I heard. Have you heard any other objections,
Representative Tonko?
Mr. TONKO. No. Not at all.
Mr. POLIS. They are valid points, where people say our farmers need
to be part of it, absolutely. Representative Inslee is right. Our
farmers need to have a stake in reducing carbon emissions. It makes
economic sense for them. Our farmers have the most to lose. Those who
derive their living from the weather, from the grace of God, the sun
and the rain, have the most to lose with regard to global climate
change. I rank our farmers high in that category. And absolutely, they
should have an incentive to be part of that solution. The money should
stay within the system. We should address the market protection and
make sure this isn't just a giveaway to big business or any kind of
business.
All of those concerns have been looked at. And what we have before
us, and what we are talking about, and, of course, we are still in the
process of formulating it, is going to be a huge win for our country.
This is probably going to be one of the most important bills that we
can pass.
It is not just this bill. As Representative Tonko also mentioned,
this goes across all different areas. Representative Tonko and I both
happen to be on the Education and Labor Committee. When we are talking
about job training for adults, when we are talking about vocational
programs in our schools for kids, that is part of it, too. There is a
tax component. There is a subsidy component. There is an international
component to this because, of course, we need to use diplomacy to get
other countries to be a part of our reducing our carbon emissions.
America has been a global laggard this last decade, hasn't it,
Representative Tonko?
{time} 1815
Mr. TONKO. Absolutely.
Mr. POLIS. And we have the opportunity to be a leader.
Mr. TONKO. Absolutely. And Representative Polis is right. We have
reached over all of the sectors, from agriculture to service, to small
business to larger business and manufacturing and then industry, all of
these areas are benefited, as are our homes, because housing in this
country is a big part of the looming issue out there of carbon
footprint, of energy consumption, and certainly it's a great
opportunity for us to reduce demand.
But let's also look at that transportation sector. In this effort to
grow
[[Page 8765]]
new opportunities, we are going to look at that transportation sector
and provide for advanced battery manufacturing, taking, again, R&D
experiences that are working today, and put them to use, not only in
the transportation area, but in energy generation and energy storage.
Some of our intermittent power, whether it be solar or wind, needs to
be bolstered by the fact that we can store that power so that when we
are at peak situations, it is then most useful, and we can create that
battery storage issue.
I am convinced. We heard again about various efforts to improve
battery operations out there. And the fact that $2 billion, as part of
the Recovery Act and certainly, additional involvement in the Federal
budget will allow us to, then, move forward with the batteries of the
future, be they Lithium batteries, Lithium ion battery or others that
are being developed that will now allow us to really transform the
transportation sector.
You know, when gas prices were hitting the $4 and beyond mark,
everyone was exploding with the need for us to do something about it.
Well, this takes a plan, and it's not going to happen overnight. We
were warned in the '70s to begin to do your greening up of energy
policy. That didn't happen. So we need to move forward and make certain
that this innovation comes in the boldness that it requires and
deserves and certainly that the American public deserves.
So Representative Polis, I think our time is coming to a near end, so
I will use that as my final statement, and then allow you to offer some
comments.
Mr. POLIS. Well, thank you, Representative Tonko. And Representative
Inslee had some tremendous comments. I just want to address one more
misconception that's out there. Representative Tonko, when he mentioned
storage and batteries, got me thinking. I hear the naysayers say oh,
the carbon footprint of creating these batteries is more than the
carbon that's saved by using them. Well, through a cap-and-trade
system, all of that is taken into account. If you're using carbon to
create the batteries, then you don't have any net carbon savings, and
that's reflected in the pricing. This creates a market mechanism that
takes that into account.
They're looking at compressed air. They're looking at elevation,
they're looking at a variety of techniques for energy conservation and
together we can make it happen.
Mr. TONKO. Mr. Speaker, we thank you for the time allotted here this
evening, and we most appreciate your courtesy.
____________________
CHALLENGES AND TROUBLES WITH OUR ECONOMY
The SPEAKER pro tempore (Mr. Bright). Under the Speaker's announced
policy of January 6, 2009, the gentleman from Missouri (Mr. Akin) is
recognized for 60 minutes as the designee of the minority leader.
Mr. AKIN. Mr. Speaker, it's a pleasure to join you this evening and
to talk about some issues that are of significance to all of us. And I
thought that what we might do this evening, starting out, was just take
a look at--many people are conscious of the fact that we've got some
challenges and troubles with the economy. People are aware that we have
a problem with jobs and having enough jobs to go around. We have some
difficulties on Wall Street, as people know. We have difficulties on
Main Street.
We have been told over a period of the last six or 7 years that we
spent a whole lot, too much money in the war in Iraq and in
Afghanistan. In fact, we have been regaled every day with stories about
oh, we're spending more and more money.
But just to kind of put perspective on how much we have been spending
lately, let's just consider the 6 years of the war in Iraq and add up
all the money we spent in the war in Iraq, and then let's add to that
the amount of money that we spent in Afghanistan. And you put the two
together, and it's less money than we've spent in the first five weeks
when this Congress was in session. That's kind of an amazing number.
We spent this, supposedly stimulus bill, $840 billion. What is $840
billion? Well, it's more money than we've spent in both of these wars
over the past six and 7 years all added up, combined.
So how did we get into this situation that we are spending so
tremendously much money?
I recall, the President made a statement. It said, ``We cannot simply
spend as we please and defer the consequences.'' And many of the
President's statements are noteworthy. This is a good statement. ``We
cannot simply spend as we please and defer the consequences.''
The only question is, when you take a look at the level of spending,
these blue bars was President Bush, and these red bars, now, become the
Democrats and particularly, here, this is this year. Now, this is not,
doesn't have projections in it for economists making all kinds of
predictions. This is actually what we are spending. And you see how
much the spending has gone up. And so this line doesn't square too well
with ``We can't simply spend as we please and defer the consequences.''
So how did we get into this really heavy, big spending kind of
situation?
I think it's helpful--people say, oh, we just have to keep looking
ahead and solving problems. I think it's good to look ahead and solve
problems. I think it's also possible to take a look and see where did
we make mistakes and what do we need to make sure that we don't do
again. I90[H25MR9-R1]{H4012}
And if you take a look at how we got the economy in trouble, the
story goes back, actually, a good number of years. It goes back even as
far back as 1968, and that was when Fannie Mae was created. It's called
a government-sponsored enterprise. It's not really private. It's not
really government. It's sort of half and half. And so '68 we created
Fannie Mae, and then in 1970, Freddie Mac. And the purpose of these
organizations was to make it so that Americans could afford to own
homes. And that is, of course a good thing. We all appreciate the
American dream, particularly having, when you come home after a hard
day's work, have a place that's really your palace. Maybe not a fancy
palace, but it's at least a place where there should be some peace and
when you can say yeah, this is my house. And that's always been part of
the American dream.
And the idea was to create these agencies, to allow more people to
have a chance to own their own home. And that was what a good enough
idea to start with. But then we started to tamper with the idea some in
1977 with the Community Reinvestment Act, which mandated that Freddie
and Fannie--or in the Community Reinvestment Act it mandated more banks
had to make loans that were risky loans, not the sort of loan that a
local bank would know the people living in their area and they'd say,
oh, this is a good guy and he wants to buy a home, but we know he'll be
able to pay his loan, so we'll go ahead and make that loan and we'll
keep that on our books and allow that to go forward. And then every
month we know this man in our community, we know he'll pay off his loan
and soon he'll be a proud homeowner.
No, this was not what happened with the Community Reinvestment Act.
What we're saying now is that banks have to lend money to people who
might not be able to repay those loans, and the government's starting
to say, you've got to make these loans that are not so good.
Well, in 1992, the Federal Housing Enterprise Financial Safety and
Soundness Act mandated that Freddie and Fannie buy risky loans from the
banks. So now pretty soon, you've got this and it's gone a little
further. It's not just that the bank is going to make some risky loans,
but now the bank has the option of dumping the risky loans on Freddie
and Fannie. So you can see where this is going. What's starting to
happen is that we're passing the accountability. And guess who's
finally going to end up holding the bag? You guessed it, the U.S.
taxpayer.
Well, here's what's going on. Now, this enterprise is saying you can
take
[[Page 8766]]
these bad loans, pass them on to Freddie and Fannie. Well.
Then we go to 1999, and under the Gramm-Leach-Bliley Act, this is
where President Clinton expanded the number of bad loans, not maybe bad
loans, but much more risky loans that Freddie and Fannie had to take.
And so Freddie and Fannie now are picking up more and more of loans
where it's not so clear people are going to be able to pay these
things. And so Freddie and Fannie start to do some exciting footwork
with their finances, and start packaging these loans up in unique ways,
and selling them, through Wall Street, all over the world. And so this
is going on in '99.
Now, other things are starting to take effect here. The economy was
not so good in '99. And so, Greenspan, at that time, lowered the
interest rate, took it way down so it created a whole lot of available
liquidity, and the housing bubble starts going. And this was the year
that I was elected to Congress, 2000. So 2001, if I'd come down here, I
was really kicking myself by 2005 because anybody who bought a house in
Washington, D.C., why, that house would have doubled in value in about
5 years. You're saying why in the world didn't I buy some big house in
D.C.? And then later on you think, I'm glad I didn't.
But anyway, we haven't gotten there yet. So this is what's happening
in 1999. Then things start to--the train starts to come off the track.
In 2003, Freddie and Fannie get investigated by The Securities and
Exchange, and they admit that $1.2 billion accounting error. At that
particular time, President Bush, seeing that, had been warned. Now
there'd been some warnings before, back in 1999. New York Times,
there's an editorial saying, we are setting up a problem. And here's
the problem. You've got a whole bunch of loans that are very
questionable, more and more questionable loans. And who is going to
back up those loans? Who's going to end up having to pay for them if
people default on their loans? So this is, who's going to pay? Well,
Freddie and Fannie have all of these things. What's the implication?
Well, Freddie and Fannie are backed by who? By the U.S. government. So
if the loans are bad, now the U.S. government is, maybe not obligated,
but pretty much obligated. By this time, Freddie and Fannie have got
more than half of the home loans in America. So is the government going
to turn their back and say, oops, all of this is stuff is just going to
go away? No, of course. So this is starting to come along.
By 2003, the President sees these problems, and in this article, on
September 11, 2003, the article, this is New York Times, September 11,
2003, it says hear, ``The Bush administration today recommended the
most significant regulatory overhaul in the housing finance industry
since the savings and loan crisis a decade ago.''
So here you have, Republican President Bush is saying, uh-oh, guys.
We've got trouble. We need to get into Freddie and Fannie. We need to
regulate them some because they're starting to get wild and wooly with
their financial wheeling and dealing, and what's going to happen is the
government and the taxpayer are going to end up getting caught on the
hook.
Well, what was the response? And did we go ahead and take the
President's recommendation and move forward with further regulations of
Freddie and Fannie?
Well, he was opposed. The same article in the New York Times, same
one, September 11, 2003, the ranking Democrat of the Financial Services
Committee, Congressman Frank, is quoted in this article. ``These two
entities, Fannie Mae and Freddie Mac, are not facing any kind of
financial crisis'' said Representative Barney Frank of Massachusetts.
Now, I think he didn't think they were facing any particular kind of
crisis. But he was the ranking member on this committee. That means he
was in the minority party in 2003. But he was opposed to what the
President was suggesting, and that was a strong reining in of Freddie
and Fannie's practices. Now, he, by himself, of course, couldn't stop a
legislation because he was in the minority party.
So, following 2003, you have, in addition, you have the Bush
administration in 2004, again, this is committee testimony saying,
we've got to get on to Freddie and Fannie. And then by 2005, a bill was
passed in the House. It was mostly, the one in the House was mostly
voted for by Republicans. It was opposed by a majority of Democrats, or
quite a number of Democrats. And the bill passes out of the House and
then goes over to the Senate.
Now, the Senate is kind of an odd body because over there it takes 60
votes to get something passed. And as the New York Times reported, the
Democrats were not in favor of this additional regulation on Freddie
and Fannie. So here is another version, the Senate bill 190, it's the
Federal Housing Enterprise Regulatory Reform Act 2005. And the Senate,
it was passed out of the Committee on Banking and Housing and Urban
Affairs, but the floor action was blocked by the Democrat minority.
So there's a difference, a political difference here, that the
Republicans were in support of more regulation of Freddie and Fannie.
Democrats were opposed to that, killed it over in the Senate.
{time} 1830
Now, what happened then, of course, is that all of these bad loans
spiraled more and more out of control, and as they did so, they started
to create havoc in other parts of the economy. Now, was this problem
created entirely because Democrats refused to regulate Freddie and
Fannie? No, not entirely because of that. It was a very important
component. Certainly, the bad loans are what put us on track for a very
serious world economic situation. There was more to it, though.
There were people on Wall Street, such as Standard & Poor's and two
other rating agencies--the ones that give us our credit ratings
personally. They are the ones that said that all of these mortgage-
backed securities were a AAA rating. Well, that turns out to also have
been not a very wise thing, and they were not AAA rated. In fact, most
of them have gone into default enough so that there is no longer any
market for these mortgage-backed securities. So now we are at the point
in the last year or two where we have what is clearly a recession on
our hands. So what do you do with a recession? There are two basic
theories about how you handle this.
The first one goes back to FDR and to his Secretary of the Treasury,
Henry Morgenthau. Morgenthau, along with a guy, little Lord Keynes--he
was a little weird, but he was an economist anyway--came up with this
idea that when the economy gets in trouble what you have got to do is
to stimulate it, and so what we are going to do is spend a whole lot of
money, and that is going to make the economy a lot better. So they
tried that during the Great Depression. After 8 years of stimulating--
that is, spending tons and tons of taxpayer money--you have the guy who
really came up with this scheme, Henry Morgenthau, now appearing before
the House Ways and Means Committee in the year 1939. He talks about:
How well does it work if the government spends a whole lot of money to
get itself out of an economic fix? Well, here is what his quote was:
``We have tried spending money. We are spending more than we have
ever spent before, and it does not work.''
This is the guy who supports this Keynesian model of economics, which
says, hey, the more you spend money, the more it's going to fix the
economy. After 8 years of the administration, we have just as much
unemployment as when we started--and an enormous debt to boot.
Now, this is a lesson that Henry Morgenthau learned in 1939. He
learned it at the cost of 8 years of Americans being out of jobs. He
realized that this does not work. The Japanese did not learn the
lesson, and in the '70s, they took their economy through 10 years of
big government spending to try to get their economy going, and it did
not work.
So what we have then is the problem of an approach to fixing an
economic
[[Page 8767]]
crisis which creates unemployment, and of course unemployment--lost
jobs--really, really hurt an awful lot of common people. A lot of
people who have worked hard all of their lives, who are trying to pay
their mortgages off, lose their jobs, and now their houses are
foreclosed. I think sometimes, in my own mind, of being the father of a
family with a wife and with kids depending on me. I think of what it
would be like to come home at night and see your living room furniture
sitting on the sidewalk, and you're being tossed out of your house.
That is the kind of thing we risk when we start using bad government
policies. When we start to take this process of having people being
encouraged to take loans that they cannot afford to take, we lose jobs,
and things start to come undone.
There is a different approach, another way, of dealing with a
recession. One way of dealing with a recession that we mentioned is, of
course, the Keynesian model, or the idea of spending your way out of
trouble. Now, we need a little bit of common sense down in Washington,
D.C. We need a little common sense in Congress. Most people in a lot of
our districts know that, if you get in trouble economically, the thing
you do is you don't go buy a brand new car and spend money like mad,
hoping it's going to get better. That's just plain crazy, and yet that
seems to be what the government is doing.
Let's take a look and see what our response has been, because there
is another approach. There was the same approach that was used by JFK,
by Ronald Reagan and by President Bush, all three times effectively
turning a recession into good, solid economic times. I've got a couple
of charts here. I just want to throw a couple of these up because this
is the heart of where we are in America today, and it affects every
man, woman and child in our country.
What I have here right in front of me is the danger of using that
Keynesian model--spending money out of control. Let's take a look at
this chart. This is a pretty easy one to understand. I know charts are
sometimes a little confusing or you have to try and figure out what
they're saying, but this just tells you whether or not the family
budget got balanced. Every single one of these bars is a line, and if
the line goes down, it means the government spent too much money. If
the line goes up, it says we actually did not spend as much as we took
in. So, just like the family budget, the down lines mean, uh-oh, we
went into debt. We're going back all the way here to 1980 and are going
out here to this very year where we are.
So what has happened? Well, we've been spending too much money for a
long time here. About how much too much? Well, you know, $3 billion to
$400 billion worth. That's a lot of money. Here we had a couple of good
years where we actually made some money. This was a Republican
Congress. Bill Clinton and the Congress said we're not going to spend
much money, and there were some disagreements. We actually saved some
money for a couple of years. These years right in here are the 8 years
of Bush, and Bush was criticized for spending too much money. I voted
against some of that spending, and here is what the spending was:
You can see that probably the worst spending was somewhere in the
range of about $400 billion. Now take a look at what happened this year
in 2009. My goodness, this is absolutely unprecedented. That is the
level of spending in 2009. Guess what? We're not done with 2009 yet. So
this tells you that we have taken an approach which is saying, boy, are
we going to spend some money. You can say that, maybe, President Bush
spent too much money. I think he did, but it is nowhere near what we're
seeing, and so this spending pattern seems to be in great contradiction
with the statement that says: We cannot simply spend as we please and
defer the consequences. This is what he said, but look at what we are
doing.
I am joined here in the Chamber tonight by a very good friend of mine
from Louisiana, Congressman Scalise.
I know that you've been paying attention to some of these issues and
have already, rapidly, distinguished yourself here in the Congress. I
would appreciate it if you would give us your perspective on what's
going on this evening.
Mr. SCALISE. Well, I want to first thank my friend from Missouri for
yielding and for hosting this hour to talk about the real dangers of
this road that we're going down. This is a budget proposal, this budget
that we're talking about, especially these record levels of spending,
but they are all proposals right now that have been filed by President
Obama. Some of these are bills that have not even gone through
committee yet but that are going to be going through committee.
I think what is happening and what we are seeing around the country
is that the American public, during these tough economic times, is
dealing with their problems. Families are cutting back right now. We
are seeing that all across the country. People are saving money. They
are paying down debt because they know that we are in tough times. We
all hope that we get out of these tough times soon, but I think what is
concerning people are some of the policy decisions coming out of
Washington right now: these proposals by President Obama for these
record levels of spending, with record levels of borrowing and of not
borrowing from a savings account but borrowing from our children and
grandchildren--because this is money we don't have-- coupled with
record tax increases. These are not just tax increases on the rich--and
I don't think class warfare is a good thing at any time. It is surely
not a good thing now, during these tough economic times, to be
threatening over $600 billion in new taxes, the bulk of which will fall
on the backs of our small business owners--on the people who actually
hire and employ 70 percent of the American workforce right now.
Mr. AKIN. Reclaiming my time just for a second, you are talking about
these different tax increases and different things that are spending
money. It's starting to get a little bit hazy because there are a
number of them coming along, and it's easy to get them confused in your
mind where it was that we spent money and how much. So I have put
together some of the real big ticket items. I mean we're only into
March, right? I mean it's only the first quarter. Let's take a look
here.
This is the Wall Street bailout. It started, actually, at the end of
the Bush administration. They did, I think it was, $300 billion or $350
billion, something like that.
Mr. SCALISE. $350 billion.
Mr. AKIN. $350 billion.
Then, under President Obama, we got the other $350 billion. So half
of this is Bush and half of this is President Obama. Then we've got
this economic stimulus--I call this the porkulus bill--and that was
$787 billion in its final form. Then we've got the appropriations bill
that we passed. That's another $410 billion. So, you know, we are well
over $1 trillion here in less than--what is it?--3 months.
Mr. SCALISE. Sixty-five days to be exact.
Mr. AKIN. Sixty-five days.
I just thought it would be helpful to have those numbers up there.
The main thing was the Wall Street bailout, then this porkulus bill and
then this appropriations bill.
I yield.
Mr. SCALISE. What you are pointing out is exactly the concern that is
going on throughout the country, the fact that, in the 65 days
President Obama has been in office, our country has already incurred
over $1 trillion in new debt. We keep hearing the word ``inherited'' a
lot, and the President tries to imply that every problem that is out
there and all of these spending bills are all things that he inherited.
First of all, the porkulus bill, as you call it--the spending bill
that added over $1 trillion of new debt, which was his major
initiative, his first initiative--actually was something that President
Obama decided to do on his own. That added another $1 trillion. His
budget that he has filed is a record.
This is a chart here that depicts the budget deficits over the last
few years,
[[Page 8768]]
but then project it forward under President Obama's budget, and you can
see the first year of President Obama's budget is a record. It was $1.7
trillion. Just on Friday of last week, the Congressional Budget Office
updated the numbers because they recognize now there is even more
deficit spending, and they recognize the fact that now there will be
over $1.9 trillion of deficit spending just in President Obama's first
budget.
This is not a budget President Bush proposed. In fact, President
Bush's last budget, as you can see, was somewhere in the $400 billion
number, a number I'm not comfortable and, I'm sure, that my friend from
Missouri is not comfortable with.
Mr. AKIN. Reclaiming my time, we have gone from $400 billion to $1.7
trillion?
Mr. SCALISE. More than tripling the deficit in just 1 year, and this
is the latest projection. Now it is $1.9 trillion, roughly, in deficit
spending that President Obama's budget has.
Clearly, this is not an inherited number. This is something that he
has proposed spending and that we are going to fight. We are actively
fighting it right now. I think, if you look across the country, the
American people are seeing what these record deficits would mean. When
the President says--and he said it again last night--that he wants to
cut the deficit in half, I think a lot of people are starting to
realize now that what he is saying is kind of a play on words, because
he is not talking about cutting the deficit in half from the deficit
that he truly inherited. He inherited a $400 billion deficit--again, a
number that, I think, is too high.
So, if we agree that that number is too high and the President,
himself--and of course, he was a Senator for the last 4 years, and he
voted for some of these budgets--agrees that a $400 billion deficit is
too high and he wants to cut it in half, then you would think that
means he is going to have a $200 billion deficit, but that is not what
is happening in his budget.
He actually proposes in his very first year a $1.7 trillion deficit,
triple the budget deficit that he ``inherited.'' By his fourth year, he
is still over $1 trillion now in deficits. So, clearly, he is not
cutting it in half. He has raised the bar the first year to a record-
level-high deficit, and still his fourth year is more than double the
deficit that he inherited in the first year.
Mr. AKIN. Reclaiming my time, that is really clever politically. So,
in other words, what you're saying is the first year, you kick it up--
and it is whatever it is, three or four times more than it has ever
been for a long, long time--and then you say, ``But I am going to cut
it back so it's just a lot more than it has ever been.''
Mr. SCALISE. I'll give my friend from Missouri an example. I come
from Louisiana. I was born in New Orleans. We've got some of the best
restaurants in the world in New Orleans, and that is an undisputed
fact, and I'm very proud of that fact, but if I were to decide tomorrow
to go out every single night and eat at these world-class restaurants
and, let's say, starting tomorrow and for a couple of days that I
gained about 40 pounds while eating out and I say I'm going to cut my
weight gain in half, after a couple of weeks, I'm down to a 20-pound
increase. Well, at that point, I'm still 20 pounds heavier than when I
started.
{time} 1845
And so what happens is he starts off by raising, by actually going
on, instead of an eating binge where you can get some good enjoyment
out of the food, he goes on a spending binge spending money that we
don't have, that our children and grandchildren who, I am sure, would
not approve of this. And, of course, I have got a 2-year-old daughter.
Nobody's asked her if she approves of this spending because she is
going to have to pay for it. And yet they go on this spending binge in
the first year and continue it all the way out through the full 4-year
term of President Obama.
In fact, the Congressional Budget Office has estimated that in the
first 5\1/2\ years since President Obama took the oath of office, the
national debt will double in those 5 years--double from the point that
this country started, going back to George Washington through President
Bush, all the debt that has been inherited in our country for that
entire period of time, over 230 years, President Obama, in just 5\1/2\
years, will double that record level of debt.
Mr. AKIN. Reclaiming my time.
We have a chart here. It is kind of an interesting chart in a way in
that these are all of our Presidents. You start over here with George
Washington and you end up down here with President Bush. And if you add
all of the debt that all of these Presidents all the way through Bush
put together every time when they overspent the family budget, if you
will, and you keep adding all of that together, you come up with $5.8
trillion, which is bad. We shouldn't overspend that way.
But here, take a look at just from 2009 to 2016. That's not so many
years. We're only talking about, what is that, 7 years. That's
assuming, let's say he were President for 8 years and so this is all
during his Presidency. What he's proposing is $8.7 trillion. So he's
going to create more debt in 7 years than we have in 232 years of all
the previous Presidents. This is kind of getting serious.
I have noticed that we're joined in the Chamber here by a judge. You
know, judges are kind of sober and straightforward. And this guy is a
judge from Texas, and Judge Carter usually has some very interesting
perspectives and a little bit of straight shooting and straight talk.
Judge Carter, please join us.
Mr. CARTER. I thank the gentleman for yielding.
Actually I have been listening to what you have got to say, and I
think it is a really interesting concept, but it is not one we haven't
seen before.
When I first came to this Congress when the Republicans were in the
majority, I happened to be on the Education and Workforce Committee,
and No Child Left Behind, everybody was screaming they would need more
money. I don't remember the funding numbers, but they were something
like $8 billion. So we decided we would accelerate that to $10 billion
because it was needed.
The minority offered an amendment to make it $15 billion and then put
out a press release that said, ``Republicans cut No Child Left Behind
$5 billion.'' And they never changed it. And I kept saying, Wait a
minute. That's not right. We raised it $2 billion.
But from their proposal--which is the right proposal--if you look at
this over here, I mean, it is pretty obvious in those out-years, that
line is half as big as this big line. It is actually less than half as
big, if you look at this. Nobody is lying right here. I cut this line
more than half. Of course, it exceeds this line and far exceeds this
line and far exceeds this line.
So to say before you propose a budget, you're going to cut the
spending in half, and then you say but first I am going to jack it up
2\1/2\ times and I am going to raise it down to this level. Nobody is
telling a story. It's half this.
But this is the record of all-time spending in the history of the
Republic.
It is not half of this, which is the Democratic Congress with Bush,
or half of this, the Republican Congress with Bush. But it's half of
this, which is President Obama with a Democrat Congress. I think that's
an interesting concept.
Mr. AKIN. We've heard about how bad Republicans and President Bush
were, so I just made a couple of real simple comparisons.
This is the average annual deficit under President Bush, and it was
$300 billion. Now we don't like that. But that was what the deficit was
on an average under the Bush years--$300 billion.
Now under Barack Obama's proposed budget--these are his numbers;
we're not doctoring them--this is what he's proposing. His annual
deficit is going to be 600. He's doubled the deficit of President Bush.
And we heard all of this stuff about how bad Bush's spending level is.
Here is another way of saying it.
The highest deficit under George Bush happened to be 2008, and that,
of
[[Page 8769]]
course, was with the Democrat Congress, but that was $459 billion, and
the projections by the Congressional Budget Office is looking at $1.2
trillion. That's more than double.
And here we got the increase in national debt. Under Bush, he
increased the debt, from 2000 to 2008, $2.5 trillion. But take a look
under Barack Obama, we're looking at almost double.
So everywhere down the line we're doubling. And we are not fighting
the war in Iraq, and we're pulling the war in Iraq back, and we're, in
fact, doubling everything.
So these numbers really need some attention, I think, and I
appreciate your sharing.
I would yield to the gentleman from Louisiana.
Mr. SCALISE. As we look at all of these numbers--and, of course, it
can become overwhelming. It looks like something that's almost hard to
believe when you look at these record levels. But I think all across
the country what you're seeing is people really are looking at this
level of spending, and it is something that people don't want to
stomach. It's something that they don't feel comfortable with. They
realize how reckless this level of spending is.
In fact, all across the country right now we're starting to see TEA
parties sprouting up. These are things that aren't being even
organized. There was one I heard of in Orlando, Florida, the other day.
Two housewives got very angry. They got mad. They wanted to channel all
their anger that's been going on in Washington and all of the borrowing
from our children and grandchildren, and they decided they were just
going to put together a protest against all of this spending. Over
3,000 people showed up at this rally. In my district on April 15 in the
largest parish in Louisiana they are planning a TEA party.
They are also planning another one in a place called St. Tammany
because people are angry about the spending. They want to stop this
because the good news is--and as we have been talking about all of this
there is a silver lining--and the silver lining is this budget has not
passed yet. This budget has been proposed by President Obama, but I
think as he's laid it out there, not just Republicans but Democrats,
Independents all across the country are speaking up just like we are
here tonight on the House floor. People all across the country are
speaking up saying, Enough is enough. Stop this runaway spending. And I
think that's encouraging because there is an opportunity to slow this
train down to regain fiscal responsibility.
Mr. AKIN. You talked about the TEA party. We were flushing a little
tea down the Mississippi River from St. Louis. We had a TEA party, too,
and I don't know whether that's gotten down to Louisiana yet. But we
had the same thing. We have people saying, Wait a minute. This spending
is out of control. Some of the money that we had on the chart here has
already been spent. But there is a tremendous amount more spending that
is being proposed. And we don't have to keep spending.
We did the $300-some billion bank bailout. That water is over the dam
or down the river, however you want to look at it. And that porkulus
bill at almost $800 billion, you know, you're talking about more than
the war in Iraq and Afghanistan added together. We're talking about
just 5 weeks here in the Chamber, and we have gone hugely into debt.
I am on Armed Services. One of the most expensive things we buy on my
committee is aircraft carriers. We have 11 of them in the U.S.A., and
this bill, for $800 billion, we could get 250 aircraft carriers. End-
to-end I can't even imagine how many aircraft carriers that would be.
We only have 11. The debt service and the money would buy 9 brand new
aircraft carriers. We're talking a lot of money, and the American
public is starting to get wise to this deal.
Mr. CARTER. I was thinking as you all were talking, these numbers
will glaze over the eyes of almost anybody listening to them because
there is such a tremendous amount of money that people just kind of go,
whoa, this is more than I can think about. And I think that could
happen.
There's been several examples that have been coming out. Recently I
saw one in either Roll Call or The Hill, just the day before yesterday,
where they were talking about if you spent a dollar a second, that
32,000 years from now you would have spent $1 trillion.
Mr. AKIN. Thirty-two thousand years? Now, wait a minute. What year is
this? This is 2009 and you're saying 32,000?
Mr. CARTER. Yes. Thirty-two thousand years from now you'd spend $1
trillion.
Mr. AKIN. This isn't the year of 32,000. This is the year 2009.
Mr. CARTER. It's a number that shakes the imagination.
But there is more in this budget that we ought to be talking about
that I think and I want to suggest, do you have information about this
carbon tax?
Mr. AKIN. Oh, yeah.
Mr. CARTER. Let's talk about the carbon tax because I think that's
something that people can relate to.
Mr. AKIN. Reclaiming my time.
The special hour that the Democrats did just before we came on here,
they were talking about the glories and the benefits of this carbon tax
and all the things they're doing with renewables and those kinds of
things. But a tax is a tax is a tax.
What we're talking about here is this thing that's called cap-and-
trade. I would call it cap-and-tax. This is $646 billion. This is
another one of these things you have got to be real careful what you
hear when you get an address from the President. Because as he was in
this Chamber 6 or 8 weeks ago, he gave us a State of the Union or State
of the State, whatever the address was called, he said, Look. I am
going to guarantee you something. If you're making less than $250,000,
I have got good news for you. I am not going to tax you.
He said that. We were sitting in here. And then he's proposing this
cap-and-trade which really is a tax on the use of energy, particularly
carbon.
And who is it that uses this carbon? Well, anybody who's got a house
that's heated with fuel oil or coal or electricity or natural gas. All
of those things are going to get taxed.
So this little tax, this $646 billion tax, is going to come from
somebody. Guess who? The average homeowner. In fact, it has been
estimated by one organization that you're talking about $3,100 per
average household. That's some money for a lot of us.
Mr. CARTER. If you look at that, divide that $3,100 by 12, it's,
what--I am not a mathematician--about $300.
Mr. AKIN. Three hundred dollars a month.
Mr. CARTER. A $300-a-month increase in your fuel bill.
Now, the way to remember all of this, when you think of this national
energy tax that they are proposing, is from now until we get through
with this debate, every time you turn off a light or turn on a light,
realize that you have increased out of your pocket probably 50 cents.
Every time you turn one on and maybe if you turn it off you're saving
50 cents.
But the bottom line is about $300 a month, next month, if this tax
were to go into effect, would be coming out of your pocket. Okay. It
wouldn't be something you did. And the real issue is more important
because let me point out, and I pointed this out the other night.
Everything in this room was brought to you by a truck, including the
clothes on your back and the food that you ate for lunch. And that
truck ran on diesel, and diesel is going to be taxed. Therefore, that
tax is going to be passed on to who? The consumer.
So everything in here is going to go up by a percentage.
Mr. AKIN. If you buy a chair or a table or a microphone, anything
that you see sitting around us, you're going to move that by rail.
Mr. CARTER. Or the wood or the plumbing or the cement or the carpet
or the clothing or the food you eat.
Mr. AKIN. There is energy tied up in everything. And it's all going
up.
Mr. CARTER. Just the transportation costs are going to go up.
People need to realize if it's raising your heating bill and air-
conditioning
[[Page 8770]]
bill $300 a month, then some percent of everything else you're going to
have is going up in value and cost.
Mr. AKIN. Reclaiming my time.
I don't want you to make things too gloomy here. We're not just
talking about gasoline and natural gas and propane and electricity.
Mr. CARTER. And coal.
Mr. AKIN. We're talking about the price of all of the things that
that energy goes into as well.
{time} 1900
That would affect small businesses, too. I yield to my good friend
from Louisiana and I know that you have had some small business
experience. Maybe you can share your thoughts about does this make
sense for us to be doing this great big tax increase on energy when the
economy is struggling? Does that make sense to you? I yield.
Mr. SCALISE. It absolutely does not make sense to be doing this in
good times or in bad, but especially when we talk about the economic
times our country's facing, where unemployment is going up and just
exceeded 8 percent nationally.
The estimates that are just starting to come out on the President's
cap-and-trade--and he calls it a cap-and-trade bill, but clearly, this
is an energy tax, a tax on energy to the tune, according to the
President's budget, and this is not our number. This is the numbers
that the President gave us. He expects to generate over $640 billion in
new revenue through this energy tax, and this is something that's going
to be paid for by every American family.
His budget director, Peter Orszag, a year ago when he was working for
the Congressional Budget Office actually said this type of plan, this
cap-and-trade energy tax, would cost every American family that uses
energy roughly $1,200 a month minimum more in their electricity bill.
Plus, anything that is produced by energy, any product that's produced
by energy, would also increase in cost because this tax would be passed
on.
And so, as the judge said, these goods, food, clothes, anything
that's shipped by rail, by car, by truck, by ship, all of these goods
will be taxed through this energy tax, the cost being passed on to the
consumer.
What's more, early estimates in the first year alone, numbers we got
from the U.S. Chamber of Commerce, showed that we would lose, the
United States, would lose over 600,000 jobs that would leave this
country. And we talk about the dangers of exporting jobs, losing jobs
to foreign countries. Countries like China and India are not be going
to be complying with this tax.
I will give you an example of a business, an opportunity, that is
delayed right now, a job-creating opportunity in a time when we want to
be creating jobs. In south Louisiana, there is a steel mill that a
company from North Carolina was going to be building, and they're right
now deciding between two sites. One site's in the United States, and
it's in south Louisiana right outside of my district, but it's in south
Louisiana. The other alternative location is in Brazil. So they're not
even looking in the United States if they don't go to this location.
Mr. AKIN. Reclaiming my time a second, what you are saying is you've
got some very hard manufacturing jobs. These are the kind that support
other jobs in the community. You're talking about steel mill. You're
talking about production. You're talking about a lot of investment,
good solid jobs in the community, and your competition is not Missouri,
is it?
Mr. SCALISE. The competition is not Missouri. In fact, the only
competition is really the United States Congress is because what this
company has said is they want to build this plant in the United States.
They want to keep these jobs in the United States. This is a $2 billion
investment, and we're not talking about government money. We're not
talking about bailouts. It seems like some people in the White House
and the leadership in Congress, they only want to give taxpayer money
away to people to create jobs.
This is a private company that wants to spend $2 billion of their own
money to build this steel plant which would create 700 good, high-
paying jobs, and they want to do that here in United States. And they
said there's one thing holding them back, and that's the President cap-
and-trade plan. If the President's cap-and-trade plan, the energy tax,
passes, they will not be able to build that plant in the United States.
Now, that plant will still be built. So people that think that this
plant's going to do some damage to the environment, first of all, they
don't have science backing them up on that. But if they think that,
first of all, they're wrong because that plant will be built, but it's
going to be built in Brazil. Those 700 good, high-paying jobs, the $2
billion of private sector investment will all be sent to Brazil. And
Brazil's not going to use the same environmental controls, the same
safeguards that we would use if that plant was run here.
So that's a real direct example, and that's one example. That's one
of countless examples of what the President's cap-and-trade energy tax
would do, not only to raise taxes on every American family, as even his
own budget director pointed out, but also the direct loss in American
jobs that would be shipped overseas if this plan passed. And this isn't
something that we're just coming up with. This is something a
corporation has said publicly that they want to spend $2 billion to
create 700 jobs here in America.
Mr. AKIN. Reclaiming my time, these are hard jobs. This is a proposal
by a company. I used to be in charge of maintenance in a steel mill. I
didn't know if you knew that, but I did. In fact, my great-grandfather
started a steel mill. I can tell you one thing about steel mills, they
use energy. They use a lot of energy. If you're going to put this big,
whopping tax increase on energy, guess what you're going to do. You're
going to do the same thing that's going on here. You are sending jobs
straight out of our country, and that's not what we should be doing in
these economic times. It makes no common sense whatsoever.
Mr. CARTER. If the gentleman would yield for just a moment, in the
Washington Post a couple of weeks ago, I saw an article about Germany,
and Germany has had a cap-and-tax procedure over there now for 5 years.
I believe that's what the article said.
Mr. AKIN. And how well is it working?
Mr. CARTER. Well, according to the scientists, they actually are
putting more carbon in the air and in the atmosphere since they put the
cap-and-trade proceedings in because those companies that were dirty
could just pay the tax and continue to be dirty. If you have got a
dirty plant that's putting carbon dioxide, if it's bad, into the
atmosphere and they say, well, fine, how much is the tax, here's the
tax, I will pass it on to my customers down here that are buying my
product, does that keep this stuff from going into the air? No. It's
still there in the air.
Mr. AKIN. Reclaiming my time, what you're talking about, we see this
when you really look at legislation we pass all the time, we pass
legislation that's supposed to do one thing, and frequently it does the
exact opposite. You know what I'm thinking, if I'm from the good old
State of Missouri, we have plenty of guys. There's a lot of oak trees
and a lot of chain saws, and you all of the sudden start taxing
people's natural gas or their propane or if they have electric heat
pumps and things and their family budget gets tight, guess what's going
to happen. That old, dead oak tree out behind in the back 40, they're
going to get that chain saw, they're going to fire that thing up, and
they're going to get themselves a big, old, wood burning stove. And it
may not be very efficient, and they're going to really put some
CO2 out.
And the thing that is supposed to be not making CO2,
instead of building a nuclear plant that makes no CO2, which
is if you were really serious that you're worried about CO2,
well, then you'd want to go with a nuclear because it makes no
CO2. But by doing this tax, all that's going to happen,
we're going to make more CO2. It doesn't even make a whole
lot of sense, does it?
Mr. CARTER. It doesn't make sense. And the other thing is, at least
some
[[Page 8771]]
people who are very zealous on this theory say we're going to tax
everything that produces carbon, and my thoughts were, we've been
sitting here breathing now for 30 minutes, and every time we breathe
out, we breathe out carbon. So are we going to have a little monitor
that sits right here that monitors how much carbon we breathe as we go
through the day?
It's ridiculous to talk about taxing something like that if it's not
preventing the situation. You're right, nuclear is a major solution to
big power. I'm all for alternative vehicles, and they will be a
solution at some time that will help a lot and let's do it. But we
don't have an electrical engine big enough to pull a big load down the
highway unless it's a ship engine which is as big as this room.
So we've got to be practical about this stuff and say, all energy
sources, let's clean them up, make them as good as we can, but let's
continue to thrive by being the most productive place on the face of
the globe.
Mr. AKIN. Just reclaiming my time, you know, the thing I'd like--
we're going to be wrapping things up here pretty soon, and one of the
things sometimes that there's some that would like to portray us as
being just say ``no'' on everything. I think we need to deal with that
for just a minute in our discussion here.
It's not that we think ``no'' on everything. We really think ``yes''
on everything, on a whole lot of things. We just don't believe that the
solution to the economic problems that have been created by these bad
loans and bad mortgages and things, which were a failed socialist
policy, there was no failure of free enterprise. We don't think the
solution to the economy is just spending tons and tons of money. And so
that doesn't make us just ``no.''
There are ways to get an economy that's in a recession getting it
going, and we've seen examples of people that have done it. Why don't
we copy what works? JFK did it, Ronald Reagan did it, and Bush 2 did it
in some of the tax cuts. If you do tax cuts and you cut Federal
spending and you allow small business entrepreneurs, investors to have
enough liquidity to invest, then you can get the economy going.
And so we've got a bunch of different kinds of solutions, but the
bottom line is you've got to back off on the Federal Government sucking
all of the liquidity out of the economy, and you have got to allow
small businesses to invest. And you don't do that by taxing them to
death, taxing them on their energy, taxing anybody who makes over
$250,000. That's more than half of the small business owners in the
country.
And so we've got a solution, don't we? It's not like we're saying
``no.'' Our solution is straightforward. You have to allow the
investors and the small businesspeople to have enough liquidity to get
the free enterprise system going and you've got to get the government
in this incredible overspending off of their backs.
I wanted to make sure we're talking positively because we love
America. This country has been through a lot of crises, and we're in a
whale of a crisis now because of mismanagement. That doesn't mean we
have to keep going down the same, dumb path that didn't work for FDR.
It didn't work for the Japanese. We need to go for the things that
work.
So what we are saying is we're opposed to stuff that doesn't work. We
love our country, and we know how to make it better.
Mr. CARTER. If the gentleman yield, here's not a ``no'' issue on the
CO2 but an opportunity. We right now know that we can
recapture oil in played out oil fields by charging those oil fields
with, guess what, CO2. So there's an industry out there for
capturing CO2 and charging oil fields with it. Louisiana
knows about it, Texas knows about it, and so does the rest of the
world.
That means if you put together a plant that captures the
CO2, rather than paying a tax so you release it in the
atmosphere, and then you take it and put it in trucks and take it down
there and put it in the oil fields, you actually produce more of the
oil and gas energy that's in the ground, and the CO2 is in
the ground. That will actually keep CO2 out of the
environment.
Mr. AKIN. That seems like a whole lot better idea than taxing
everybody that uses any form of energy and adding that to the price of
everything else. That's just brutal in a rough economy. There's a lot
of families in my district that are hurting, and to be doing this kind
of budget imbalance, take a look at this, these are President after
President after President, you can see, you know, this is the wrong
track. This is just not the way to do something. The gentleman from
Louisiana.
Mr. SCALISE. There are a lot of things that we are saying ``yes'' to.
We are saying ``yes'' to fiscal responsibility. We're saying ``yes'' to
lower taxes. I think people all across the country are saying ``yes''
to that, too, and that's why they're all pointing to Washington, and
they're saying, ``no,'' don't continue going down this road of runaway
spending, runaway deficit, runaway borrowing from our children and
grandchildren.
We can pursue new technologies, as the judge talked about. There are
companies right now pursuing technologies for carbon capture and
sequestration where they literally would be going into those coal
plants and capturing the carbon and storing it, holding on to it so it
doesn't go into the air. We're pursuing and continuing to encourage the
development of wind power, of nuclear power, of solar power, but all of
those technologies combined are what it's going to take to reduce our
dependence on foreign oil.
If that's our goal, and it should be our goal to increase our
production of our own natural resources in this country, but what we've
got to be very careful about as we discuss the dangers of this spending
proposal and these taxes is what it does to future generations.
And there's one final chart I wanted to show, and that is what
President Obama's budget does to raid the Social Security trust fund.
This is a promise that was made not only to our senior citizens of
today but to our workers of today and our children of tomorrow if they
want to expect that Social Security program to be there for them, that
they're paying into right now.
The fact, President Obama's budget in the first four years takes over
$200 billion a year out of the Social Security trust fund. It actually
raids those funds after the first four years of President Obama's term
in office. He would raid over $900 billion from the Social Security
trust fund alone, and then, of course, he still goes other places. He
tries to sell debts to countries like China.
We just saw today--today, something very frightening happened. The
markets reacted very negatively to it. They went out and tried to sell
debt, as the country does throughout the course of each week. A few
times a week the country goes and actually sells debt.
{time} 1915
When they went today to sell debt, the number of people that wanted
to buy that debt dropped to a low level--dangerously low level--and in
fact they had to pull back. And you saw the markets drop dramatically
because I think it is a sign. It's a sign that people are very
concerned about these runaway deficits and what this is going to do to
the value of the dollar down the road. And that's why we've got to be
fiscally responsible. We've got to say ``yes'' to fiscal responsibility
and stop this out-of-control spending that is going on in Washington.
Mr. AKIN. I guess you could say we are spending too much, we are
taxing too much, we are borrowing too much. That is kind of a summary
of it.
If you just take a look at these bar charts about the budget
imbalance, you can see that. This is not the equation of how to fix an
economy that's in trouble. That's not what JFK did. That's not what
Ronald Reagan did. That's not what Bush II did to stop those
recessions. This is even worse than what FDR did.
The problem we have is if something doesn't work, it just doesn't
work. It's not like you're being negative. You're saying, Look, it's
never worked in history. What we have to do is go back to the time-
tested principles of the country we love--and that's just to trust
[[Page 8772]]
the Americans, the inventors and the investors, the entrepreneurs, the
people who love this country, who live the American Dream, who come
here with some crazy new idea, give it a try and, by golly, the thing
works.
They wake up some day and they've been sleeping under a park bench 10
years before and some guy and his wife realize they're millionaires and
they didn't even know it was going to happen to them. That's what this
country is all about.
The government can never create any wealth but, boy, we can sure keep
other people from ever doing any by overtaxing them.
Mr. CARTER. I'm glad you made that point. What makes America great is
the giving of the opportunity to succeed. The parents right now that
are sending their children off to college and times are tight. Now
they're not throwing money out the window for other projects. They're
not going out and buying five flat screen TVs as a good idea to make
things better for themselves. No. They're saving that money. They're
cutting those costs. They're not eating out every night. They're doing
these things so that they can do the projects that they want to do,
which is send their kids to college.
That's normal budgeting. What we're doing here, what the President's
proposing is not commonsense budgeting. It's voodoo economics.
Mr. AKIN. It strikes me as it may be worse than that. What we're
doing here, we're killing the American Dream. That is what's going on.
We're killing the dream for people that wanted to come to this country,
own their own house, be able to send their kids to get a better
education than they got before.
This is a country that is so unlike anything else in the world. We
are such a special country. We are unique in so many different ways.
Whenever you see there's a tsunami or hurricane, you see our people out
there helping. We've been a bastion of freedom for people all around
the world. They look at America and say, Hey those Americans have got
it down. You could live the American Dream over there. They come
flooding into our country. We're worried about the immigration because
they understand what this country has always been about. It's never
been about this kind of stuff--this irresponsible, runaway government
spending. This is killing the dream that Americans have always come to
believe in.
I yield to my friend from Louisiana.
Mr. SCALISE. Thank you. I see our time has about expired, but I think
the important note that we're finishing on, and I appreciate your
passion because there are so many people that are passionate, and
that's what's great about this country, and we can stop this runaway
train by continuing to have this debate tonight.
Mr. AKIN. This is taxing too much, spending too much, and borrowing
too much.
____________________
STIMULATING THE ECONOMY
The SPEAKER pro tempore. Under the Speaker's announced policy of
January 6, 2009, the gentleman from Texas (Mr. Carter) is recognized
for 60 minutes.
Mr. CARTER. Thank you, Mr. Speaker.
I enjoyed visiting with my neighbors and talking in the previous
hour. They are welcome to join me if they would like to talk some more.
I'm going to be joined here in a minute by a good colleague of mine,
Louie Gohmert, a Congressman from east Texas, and we are going to talk
about an idea that Louie has got. It's an idea that an awful lot of
people find interesting. It's the idea that maybe the easiest way in
the world to get money in the hands of the American people is to just
give them their own money.
It's not real complicated. It's pretty simple. But I want to let him
talk to you about it because the option that we've got right now is
that as we look at that stimulus package that was supposed to stimulate
the economy, and if you look closely at it--and I don't want anybody to
take my word for it. I want you to go to the library or on the Internet
and pull either a review of that bill, or that bill, and look into it
and see how the money is spent. And you will see that it's spent on
industries that don't exist, but maybe they can make them exist. It's
spent on things that people wish existed, and maybe they can exist. But
they are investing in those things.
Maybe they won't create jobs over the next 5 years, but maybe they
will create jobs in the next 10 years. That's great, except that
stimulus is supposed to be about now. It's supposed to be about doing
it right now. If you believe that the economy gets saved by spending
money, you need to spend the money now to stimulate the economy. If
you're not, then you're putting off the rescue that you anticipate.
I would argue, however, that government spending was tried very
extensively from 1931 until 1941, and the unemployment in 1939,
according to the Secretary of the Treasury at the time, was the same as
it had been in 1931. In that 10-year period, the largest expenditures
in the history of the Republic at the time--we're fixing to top those
tomorrow--but at the time had been spent, and we had not gotten out of
what is called the Great Depression.
I want to make a point, too, that what Todd said in the other hour
that I think is important that you hear. I want to tell you because I
believe it's important that anybody that stands up here, confess your
own sins.
We as a Congress cut taxes, but we failed to cut spending. We deserve
to be told by the voters that we didn't do it. And they did. They told
us. The Democratic Party said: We'll do it better. And they hired them
to do the job.
But the key is both formulas cut taxes and cut spending and the
economy will blossom. It has and it will. And it always has and always
will. That's what the message is about.
People say, Well, that's the same old thing. I'm sorry, but let's be
honest. Let's look at the last 8 years and then look at any time in the
history of the country where you were involved in two major wars, came
in with a recession, and had the largest single weather disaster in the
history of the Republic in an 8-year period, and yet the economy after
the first three quarters grew every quarter up until the last quarter
of the Bush administration. This is what you look at to say: Are we in
a recession or are we not in a recession? Are we growing? We were
always growing. We are not growing now. Nobody's anticipating we're
going to grow for the rest of this year, although some say maybe around
Christmas Santa Claus is going to bring us some growth. And maybe he
is. But I have my doubts.
My friend Louie Gohmert, who should be here in a few minutes, has
basically said, You know, if you want to stimulate the economy, there's
an easy way to do it. Let's just give people a tax holiday. Just tell
them for a couple of months, You don't have to pay taxes. You get your
full paycheck. You know what? That might just be the solution.
So I'm looking forward to Louie talking about this tax holiday. In
the meantime, let's talk about the budget just a little bit and what
we're looking at.
I see that one of my classmates is here, all dressed up and looking
dapper. Doctor, would you like to let me yield you a little bit of time
to say a couple of things?
Dr. Phil Gingrey.
Mr. GINGREY of Georgia. Mr. Speaker, I appreciate very much my good
friend John Carter for yielding time. I know I came in kind of late in
the discussion, but I had a couple of things that I wanted to offer as
suggestions.
As we look at the budget and what President Obama and the Democratic
majority want to do in regard to spending, it's based on some
projections. I was watching television this weekend and I think the
chairperson of the Council of Economic Advisers, Christina Romer, was
saying over and over how confident she was that this budget and this
plan of stimulating and restoring the vigor in the economy would work
and that the President would be able to afford to cut taxes, let the
Bush tax cuts expire, and that the GDP would grow and be robust.
[[Page 8773]]
Her projections that I recall were 4 percent GDP growth for a number
of consecutive quarters. Of course, at this high unemployment rate that
we're facing right now, my colleagues, it would come back down to the 6
percent range.
Well, here's a suggestion. Why don't we put some triggers on this
budget and say that you can't let those tax cuts expire until you've
had two or three consecutive 4 percent or more growth in the GDP and
until the unemployment rate comes back down to 6 percent. If you're
that confident in your program, put those triggers in there.
If my colleague will continue to yield, I've got one other
suggestion, and that's based on this new program that we heard from
Secretary Geithner and the Federal Reserve in regard to buying those
toxic assets or troubled assets. They want the government to go--we,
the taxpayers, Mr. Speaker--to go into partnership with the private
sector. But who they mean by the private sector is these Wall Street
Fat Cats--maybe some of them who got us in trouble in the first place.
They've got cash on the sidelines. So they go into this partnership
with the Federal Government but they get the best end of the deal and
we, the taxpayer--my colleagues may have already gone over this, Mr.
Speaker--but it's like the private sector has everything to gain, very
little to lose, and the public sector--we, the taxpayer--has very
little to gain and quite a lot to potentially lose.
Here's what I would suggest. If it's so good a program, why don't we
just simply do this: To every person in this country who has an IRA or
401(k), maybe they're retired, to be able then for a one-time deal to
put up to 10,000 extra dollars in their IRA and put that into a
government fund and let them have the opportunity to invest in these
troubled assets. Let the public invest and not just give this
sweetheart deal to all these Wall Street Fat Cats and we, the taxpayer,
who don't want to be involved in that, we would not be on the hook at
all.
Honestly, I think a lot of people who have sat here and watched over
the last year and a half, particularly the last 6 months, Mr. Speaker,
their IRA value, their 401(k)s drop by 40 percent, the value of their
home drop by 40 percent, this would give them an opportunity--praise
God, hopefully--to recoup some of their money.
I just wanted to make those suggestions. It was brought to me by one
of my constituents and a good friend in my district.
Mr. CARTER. Reclaiming my time, it's pretty amazing because I got an
e-mail from a very good friend of mine, a very good businessman, John
Avery back in my district, basically saying exactly the same thing. He
said it would be criminal for the people who put us in this position to
able to put 5 percent down and get 50 percent of the profits from
buying up these assets. It would be criminal. And I happen to agree
with him.
I actually think you have put forward a good plan--a place where
those who have seen their 401(k)s go to 201(k)s, as we like to joke,
that they be able to invest in people who would offer a group--but
become involved in buying these at 5 percent down and 50 percent of the
profits, these bad assets.
{time} 1930
But don't let the guys that put us here get out of the mess and make
50 percent of the profit for a 5 percent investment. As my friend from
back home said, it is criminal. And I agree with you, I think that may
be part of what the plan is. And it frightens me with this bonus money
we have already battled with that someone would plan a $1 trillion
expenditure of our Federal funds that basically is going to prop up the
very guys that put us in this mess.
Mr. GINGREY of Georgia. If the gentleman would yield for just 15 more
seconds. I want to pay attribution to my colleague, a financial wizard,
really, and a good friend, Tom Garr from Marietta, Georgia in the 11th
Congressional District. Because it is, Mr. Speaker, our constituents a
lot of times that bring us these great ideas. And we think we know
everything up here in the halls of Congress, and sometimes we don't, or
a lot of times we don't and it gets to be bizarro world, I call it.
Even though the President is a great basketball fan, there is no place
in this Congress or over down there on Pennsylvania Avenue for March
Madness. It seems like that is what we have had here for the last
couple or 3 weeks, and we need to get over that and move on. And I
yield back to my friend.
Mr. CARTER. I am going to yield some time to another good Georgian,
Dr. Broun, to take as much time as he chooses to use.
Mr. BROUN of Georgia. I want to commend Dr. Gingrey, because we have
been proposing all along some method of trying to develop a market for
these toxic assets so that the taxpayers don't have to bail out Wall
Street by giving money to the individuals that have created this mess
through their own greed, through seeking their own end and putting the
bill on the backs of the taxpayers, in fact, the people who can least
afford to have that burden put on them, and that is small business in
this country.
I want to remind the Speaker, as well as those here in the House and
those listening, that Republicans offered an alternative to the TARP
bill that was presented in the last Congress. Secretary of Treasury
Hank Paulson was totally wrong. A lot of us on the Republican side
voted against it, there were some Democrats even that voted against it.
And we had an alternative, an alternative that would not have created
this huge debt on the backs of the small businesses and the taxpayers
of this country, and we need to find solutions.
We have proposed suspending capital gains tax. That would bring in a
tremendous influx of cash offshore that is just sitting there. It would
bring in a tremendous influx of cash into the financial system that
would be placed in banks so that they would have money to capitalize
loans. And, it would help stop some of the problems that we have with
frozen credit markets in this country.
We have proposed suspending the mark-to-market accounting that the
Federal regulators are still requiring the banks to go by, which is
continuing to freeze up assets so that banks cannot lend out money to
people with good credit. It makes absolutely no sense. We need to
suspend mark-to-market and find some other means of accounting that
makes sense, that doesn't just totally torpedo the capital assets of
all these financial institutions.
Republicans have presented these plans. Unfortunately, the
leadership, last year President Bush and under the directions of Hank
Paulson, wouldn't even listen to us. They wouldn't consider those
things. And it is one of the big mistakes I think that the last
administration made. But, more importantly, we see the same kind of
policy coming on right now today through Secretary of Treasury, as well
as this current administration, as well as the leadership here in this
House. And we as Republicans presented proposal after proposal after
proposal, and the leadership here in this House and in the Senate have
been obstructionist. They will not listen to any other alternative but
their own steamroller of socialism that is being shoved down the
throats of the American public. And it is going to strangle the
American economy. It is going to choke the American people
economically.
So I commend Dr. Gingrey for a proposal of creating a market for
these so-called toxic assets. They have value as you, Judge Carter, and
Dr. Gingrey were just discussing, and I applaud that.
We can solve an economic problem, and we can do it in the private
sector, without increasing the debt of the Federal Government; because
the Federal Government is borrowing too much, it is taxing too much,
and it is spending too much, and we have got to stop it. I believe very
firmly that if we don't have these alternatives considered, that it is
going to strangle the American economy, it is going to lengthen the
recession, it is going to deepen the recession, and maybe even push us
into a frank depression. And we have got to
[[Page 8774]]
stop it; not only for the good of small business, which is the engine
that creates jobs and is the economic engine that pulls along the train
of economic prosperity here in America, but also for the people who are
going to be most disserved by this philosophy that the leadership in
this House and the Senate are proposing, and that is, it is going to
hurt the people on limited incomes, it is going to hurt the people that
are on the lower end of the economic ladder here. We need to help them
up the ladder by giving them good jobs, good-paying jobs. And the
policies that have been proposed by this administration, particularly
this new budget, are going to hurt the people that our colleagues on
the other side supposedly want to help the most. But it is going to
hurt those poor people. It is going to help to put those people in more
economic straits, dire straits, where they are going to be struggling
even more.
So I do congratulate Dr. Gingrey for bringing us another proposal,
one that makes sense economically, one that makes sense to get us out
of this economic downturn that we are suffering under.
Mr. CARTER. Reclaiming my time, if I may. Actually, I agree with
everything you have to say.
And the real point here is that the American people have common
sense. We talk about all of this budgetary language here. If we are
honest, it is confusing to us, and it is certainly confusing to the
American people. But they understand that when they have a budget
shortfall in their budget back home, they have either got to make more
money, work harder and make more money, or they are going to have to
save. And if they don't have the opportunity to make more money, they
are going to have to cut back on something.
Like I said a minute ago, you know, I have talked to people who say,
I am sending my kid to a State school in Texas, which we are very
blessed to have. They are expensive, but they are still reasonable,
State schools. And, I have found that if my wife and I will just cut
out buying our lunch every day at work and just take a sack lunch from
home, we have got almost enough money to pay the tuition. We save
almost enough money to pay the tuition.
So the American people know how to budget. They know how to look at
what they have got and what they have got to get, and figure out a way
to make it work.
So Dr. Gingrey's suggestion, which happens to be a suggestion of one
of my constituents, too, is an outstanding suggestion because it
basically makes sense. Sure as heck, if somebody puts the country at
risk by their poor decisions on investing, then certainly don't let
them get the benefit of a government program spending $1 trillion worth
of taxpayers' money by letting them bail themselves out with a 5
percent investment. I agree with that. That is perfectly good common
sense. And I think every American in America would say, I don't want
those guys that created these bad assets to be able to pay 5 percent of
the value that they are going to set, understand that, and then get 50
percent of the profits when they clean up those assets and sell them.
And that is what is available potentially under the plan that has been
put forward by Secretary Geithner.
Now, if he will step up, and I think we owe a duty now to tell him
the American people don't want that, so that he can make rules that say
all you guys that bought all these bad assets, don't you come in here
with your 5 percent and try to bail this deal out. We have other people
who want to invest in it. And then a great idea would be let people who
lost on their 401(k)s join investment pools and maybe invest in some of
these that might make them good money. A 50 percent return on a 5
percent investment is not a bad deal.
Mr. BROUN of Georgia. If the gentleman will yield.
Mr. CARTER. Yes, I will.
Mr. BROUN of Georgia. I appreciate the gentleman for yielding.
You made a couple points that I would like to point out to the folks
who are listening to us tonight, is that we have a proposal by the
Democratic leadership, by Secretary Geithner and by the administration,
that is going to continue to borrow and borrow and borrow. And who are
they borrowing from? Short term, they are borrowing from China and
other foreign entities; but long term, they are borrowing from our
children and grandchildren.
But, Judge Carter, you made an excellent point, a good commonsense
point that people all over this country do when they have economic
problems, and that is that they tighten their belt and stop spending.
And that is exactly what the Federal Government needs to do. We need to
live on a balanced budget, just like the American people do every day.
Unfortunately, there is not much common sense around here in the
Federal Government, and we just see this policy of borrowing and
borrowing and borrowing. We are borrowing way too much. And all it is
going to do is just continue us into a deeper and deeper hole, because
you cannot borrow and spend yourself to prosperity. And I think that is
a great point that you just made.
And these assets, these so-called toxic assets have value, they have
real value. They are not zero that the mark-to-marketing accounting
rules require banks to mark them down to just because they don't have a
market today.
Mr. CARTER. Reclaiming my time. I think we have made an excellent
point here, as we both talked about; we came here because our good
friend Louie Gohmert, my colleague from Texas, has a proposal that
deserves to be heard. And so I am going to yield such time as my good
friend Louie Gohmert may choose to use tonight, and I will just be here
to try to help.
Mr. GOHMERT. I appreciate my friend from Texas yielding, also a
former judge. Actually, he served on the bench longer than I did. And,
Mr. Speaker, we appreciate the opportunity to try to point out some of
these things tonight.
What struck me months ago was hearing that trillions and trillions of
dollars were being committed on behalf of the Federal Government to try
to help the economy recover. So I wanted to know how much money gets
spent into the Federal Government by taxpayers just paying their taxes,
ordinary individual taxpayers. And the answer we got was $1.21 trillion
was what was expected to be paid from individual taxpayers for the
entire year of 2008.
So I am thinking $1.21 trillion, that is less than supposedly Fed
Chairman Bernanke and Chairman Paulson and now Secretary Geithner are
committing of our money. Can you imagine what would happen with the
United States' economy if you just told all the taxpayers in America:
No taxes. For the whole year of 2008, no taxes. And if you paid it, you
are going to get it back; and if you haven't paid it yet, don't worry
about it before April 15th, because you are getting all your money that
you have already paid in.
Can you imagine the cars that would be bought, the car dealers and
the car manufacturers that would be bailed out by Americans choosing
which car they wanted to buy? That was my thinking. That was the
thought process.
I got a message from Newt Gingrich; he liked the idea. He said, what
would you do if you added FICA in there? Well, if you added FICA, that
is $65 billion per month. You could have 2 months of allowing every
American to get back every dime that was being withheld for Federal
withholding, both FICA and individual income tax, and do that for 2
months and still have spent less than the $350 billion that the Obama
administration was looking to get from the half that was left over.
{time} 1945
It turns out there was more than half left over. There may have been
$450 billion from the original 750. We haven't got the final figures,
which is another reason we all opposed that bailout back in September.
It was a terrible idea because it was just too open-ended.
So anyway, Human Events had an article, this was their headline,
Nobody Pays Taxes For 2 Months, the Gohmert Tax Holiday Plan. Now one
Texas conservative is challenging Congress and the White House with a
commonsense plan that is much more likely to help our economy recover
more than bank
[[Page 8775]]
bailouts or any handouts to car makers. Two months' break from income
or withholding for all taxpayers. The total cost would be actually less
than $350 billion. It is effectively a 70 percent tax reduction for a
year.
Also it was indicated by Moody's Economy, they did their own study
and found that this idea would increase the 1-year gross domestic
product more than any other plan that involved taxes. So I thought it
was a good idea. And then I had my friend, Judge Carter from Texas,
point out that apparently other people had beat me to the tax holiday
idea.
Mr. CARTER. I have been on the floor of this House talking about the
fact that we need to resolve some ethics problems that are out there so
that we can be sure that we feel comfortable trusting people that are
making decisions around here. And then when my friend, Brother Gohmert,
talked to me about his tax holiday, I realized that I've been talking
about two tax holidays now for a month. Mr. Rangel took a tax holiday
for $10,800 for 20 years. He didn't pay his taxes on his Dominican
Republic rentals for 20 years. He took a tax holiday. And then when he
finally ended up paying them, he didn't pay any penalty or any
interest. So that's a tax holiday.
Mr. GOHMERT. What gets interesting, CNN had this report and had the
quote from our President. He said, ``I campaigned on changing
Washington and bottom-up politics. I don't want to send a message to
the American people that there are two sets of standards, one for
powerful people and one for ordinary folks who are working every day
and paying their taxes.'' That was February 3, 2009.
Well, here is a chart that indicates that may have been going on,
anyway, in spite of what the President said. You have got some powerful
people here that have taken a tax holiday for a number of years, no
penalties, no interest, where on the other side you have ordinary folks
who are paying their taxes, and that is the quote from our President,
``ordinary folks who are paying their taxes,'' he said he didn't want
two sets of standards. Well, we have had two sets of standards. They
don't get any tax holiday. The leadership here has fought it tooth and
nail. If you don't make your payments, there are no excuses. They come
after you for the penalty and interest and all kinds of stuff to go
with it. So, unfortunately, despite the assurances of the President,
there are two standards that have been taking place here.
Mr. CARTER. Reclaiming my time for just 1 minute.
That has been my exact point. And that is why I introduced
legislation to put forward the Rangel Rule. And the Rangel Rule is very
simple. Everybody that owes taxes that doesn't want to pay penalty and
interest, just write at the bottom of your tax form ``exercising the
Rangel Rule,'' and the IRS won't be able to charge you penalties and
interest. They will have to treat you just like Mr. Rangel. I thought
that was fair. And I thought I was being reasonable about that.
Then we have the Secretary of the Treasury come along, and he took a
4-year tax holiday on $43,200. Although he did pay some interest, he
still hasn't had any penalty assessed against him either. So I guess we
could change it to the Rangel-Geithner tax holiday or the Rangel-
Geithner Rule. But I just kind of like Rangel Rule. It has a nice ring
to it.
Mr. BROUN of Georgia. Will the gentleman yield?
Let's call it the Rangel Dangle Rule. I like that better.
It seems like people around here don't mind, there are a number of
people around here that don't mind raising other people's taxes because
they don't pay any themselves. So I compliment the gentleman. I
appreciate your allowing me to throw in that. But I like your Rangel
Rule. Can I do that?
Mr. CARTER. Reclaiming my time, you can certainly sign on to my
Rangel Rule bill, and we are going to try to get that thing before this
Congress, and we are going to start getting pretty serious about
getting it done.
Mr. GOHMERT. It is really ironic, but it has been about 30 years ago,
back then, a comedian, he wasn't so much an actor back then, I think he
had been with a group called the Nitty Gritty Dirt Band. But he was out
on his own as a comedian. Steve Martin was originally from Waco, Texas.
He went to Waco High. Anyway, as part of his comedy schtick, he would
say, you know, I'm going to write a book, ``How to Have $10 Million and
Not Pay Taxes.'' And then he would lead the audience on. Well, they
would want to know, how do you get $10 million and not pay taxes? He
would eventually say, okay, okay, I'll let you in on the secret how you
do it. First, you accept $10 million, which is pretty funny, because
nobody just gets themselves $10 million unless you're a special person
or something. And then he said, you just don't pay taxes. This is what
Steve Martin said 30 years ago. Just don't pay taxes. And if they ever
catch you, all you have to do is say, ``I forgot.''
Now, 30 years later, it is basically what we are seeing. People,
powerful people. We don't want two sets of standards, one for powerful
people. Well, the powerful people are able to file their forms, and if
they have not paid their taxes, then they could just write, yes,
``Rangel Rule,'' or perhaps they could say, ``I forgot.'' Or ``it was
just an honest mistake,'' or, the favorite one apparently of powerful
people, ``Look, I used TurboTax. It's not my fault. TurboTax did that.
I didn't do it.'' And then that saves you penalty and interest. So
there ought to be a number of things, Rangel Rule perhaps, but TurboTax
Rule. Maybe that would also free you up from interest or penalty on
your taxes.
I yield back to my friend.
Mr. CARTER. And I thank you.
We have got here, what's really interesting is when the IRS gives you
the money to pay the taxes, and gives you a form that tells you you owe
the taxes, and says, now here is the check, you're responsible for your
own taxes, be sure and pay them, and you sign that form agreeing to pay
them, and then you say, it was only $42,000, and I just forgot. I mean,
that is kind of what like our friend, Mr. Martin, said.
We make a little bit light of this, and we do that because, quite
frankly, I don't want to be accused of being mean-spirited. But the
facts are that we want people that are giving us ideas to save us from
what could be an economic disaster. We want them to speak openly and
honestly and come from a situation that we can trust them. And my whole
issue that I have been raising are these issues of trust. I am not
doing what has been done in the past and accusing people of being
corrupt and that type of thing. I am not doing that.
I am pointing out accusations made by other people. And I'm saying
that these accusations need to be resolved so the American people can
trust the folks they are counting on to fix this economy. And the head
of the tax committee of the House of Representatives, they need to be
confident they can trust him. Our Ethics Committee needs to finish the
investigation and get that done. And if he is exonerated, wonderful.
But the American people have the right to know. The Americans have the
right to know, can they trust the Secretary of the Treasury when he
doesn't pay his taxes and he says, ``TurboTax messed up''?
First off, I kind of thought he was in a pay grade a little higher
than TurboTax. But the point is, it's about trust. It is about the
American people trusting the people they send here. That is why I
continue to come up here every week and talk about these issues of
lapse of memory or whatever it may be, and they need to be resolved by
a finder of fact, whoever that may be, to resolve this issue.
Let me yield to my friend from Georgia for a moment.
Mr. BROUN of Georgia. I thank the gentleman for yielding.
We were just speaking a few moments ago about many alternatives that
have been presented to this House that would be in the private sector
that wouldn't borrow from our grandchildren, and our good friend, Mr.
Gohmert, with his Federal tax holiday, has provided us with a plan that
would stimulate the economy and help hardworking Americans without
growing the size of government.
[[Page 8776]]
My friend from Texas serves as a constant reminder that we are
spending the people's money and that policies like those supported by
Secretary Geithner are just the most recent examples of policies from
this administration that are not for the people, of the people, or by
the people.
Mr. Gohmert's plan is especially necessary as Secretary Geithner
attempts to increase his power while moving away from the dollar, now
that he is apparently open to moving the world economy towards an IMF-
controlled currency system. Maybe he was at IMF too long and he is
embracing a world currency based on IMF. I believe that the Secretary
of the Treasury needs reminding that we are part of a government that
is directed by the Constitution of the United States.
In fact, Congresswoman Bachmann just yesterday asked him where in the
Constitution is the authority that he is wanting to claim and expand
his powers? He couldn't answer that because there is none there.
And that document, the Constitution, does not provide for any
evolutionary changes in the Secretary's power without explicit
Congressional approval, and, by extension, approval from the people of
the United States.
Right now, neither has granted such approval.
This expansion of the powers of the Treasury Department is a cause of
great concern and should be of great concern to every American. I was
concerned when former Secretary Henry Paulson first started us down
this path towards nationalization and government-run industries. And
I'm even more concerned as I stand before the American public today and
before this House today.
There are many good and justified actions that Congress can take to
get us back on the path to economic prosperity, like a Federal tax
holiday of Mr. Gohmert's. But these recent developments, spearheaded by
Secretary Geithner, are not only ill-advised, but they do not begin to
fall into the realm of constitutional duties or authority.
I hope and pray that there is economic success in America's near
future. But I believe that any gains to be made will come in spite of
the actions of Treasury Secretary Geithner and not because of them.
It is my sincerest hope that people all over this great Nation will
contact their friends, contact their family and contract their elected
representatives to tell them to prevent the unconstitutional extension
of the Secretary's power.
I'm pleased that Mr. Gohmert has led the charge today to discuss
these commonsense plans to restore power back to the people of this
country, and I wish that congressional leaders would spend much more
time considering our, the Republicans', commonsense alternatives that
return power to the people instead of promoting the Treasury's grab for
more and more power, particularly in view of the fact that it is
unconstitutional and they have no constitutional authority to do that.
I am very concerned about the Secretary's grab for power,
nationalization of banks, nationalization of all businesses, such as
they want to control AIG and others.
We have got to stop it. We have a steamroller of socialism going on
here. That steamroller of socialism is being shoved down the throats of
the American people. It is going to strangle the American economy. It
is going to choke the American people economically. That steamroller of
socialism is being driven by Nancy Pelosi, Harry Reid and the President
of the United States. And that steamroller needs a speed bump. It needs
a stop sign.
{time} 2000
And Mr. Gohmert's plan is an excellent plan. In fact, I'm a cosponsor
of your bill. And I applaud this ingenious way of helping to stimulate
the economy. And I'm also, should be a cosponsor of Judge Carter's
bill, for the Rangel rule. I love it. I think it's a commonsense way of
saying that everybody should be treated equal under the law. That's
what the Constitution calls for. Everybody should be treated equal
under the law. And if Mr. Rangel, Mr. Geithner, and others have the
ability to do that, every American in this country should have the
ability to write ``Rangel rule'' on the bottom of their tax form. And I
love it. I think it's something that just puts a microscopic focus on
the problem we have in this country today. The powerful, the elite,
want to live in a way that all the other people in this country cannot,
and it's wrong. It's absolutely wrong. And we must stop it. And I
congratulate you, Judge Carter.
Mr. CARTER. Reclaiming my time, and I thank you for those comments.
Now I'd like to yield so much time as he chooses to consume again to my
friend, Louie Gohmert from Texas.
Mr. GOHMERT. Thank you. I appreciate the time. And I appreciate your
leading this debate.
Mr. Speaker, it's good to have a chance to talk about these things.
And I appreciate so much my friend from Georgia, Dr. Broun, points
being made. And as he said, this is an incredible power grab that's
going on.
Now, we've had, made some light and been a little tongue-in-cheek
tonight. But it's a little scary what's going on. And when you look at
all the things that have happened so fast in 3 months, I'm telling you,
I had no idea we could ever move this far this fast down the wrong
road. And some say, a road to socialized, or to socialism like Europe,
European socialism. It's not European socialism. It's socialism. That's
what it is.
And what I struggled with, as I heard our President saying not only
are we going to make it harder to get energy, because for folks, Mr.
Speaker, that might not know at home, today, we passed an omnibus land
bill that was 170 different land bills combined into one, 100 of which
or so that had not been properly through committee process and had the
vetting they required. And so many of those put more and more land off
limits to production of energy, took natural gas and oil away. It's
going to help raise the price of gasoline at a time when people have
lost their jobs, other people are cutting what they're willing to take,
so that others will keep from losing their jobs. It is a tough time for
many people.
Now, I really feel like if the President would quit spreading the
gloom and doom that our President did start--George Bush went out first
and said, you know, depression's coming. But, good grief, you know,
President Obama, with his gifts of communication, I thought, would help
turn that around. Then he came in and also tried to set the bar low so
it would be easier to get over it. Turns out that's been hurting the
economy. Market's up a little bit this week, but good grief, at what
price? Look at what's happened in the past.
So then when I hear our President say, you know what? We're going to
cut the amount you can deduct for charitable deduction. And as I heard
him, as I heard a replay of the interview, he said, basically, that a
deduction shouldn't be the reason that you make a contribution to a
charity. Well, that's nice. But it encourages people to make charitable
deductions. So we start demeaning people who are making charitable
deductions. Goodness, they shouldn't be doing it just to get a--you
shouldn't make charitable contributions to get a deduction. So you're
going to belittle the people that are helping the charities, when most
of us know it's the charities, after a disaster, that can move straight
in and immediately start helping people, not only in this country, but
in other countries around the world. But whereas the U.S. government,
we have to go through the government in another country, and often,
whether it's a famine or something, we've been propping up governments
that had no business being propped up because we're trying to get
charity to the people, whereas charities can run right in and take care
of it.
But anyway, I've struggled. Now, why would the President here, at
this time when we're taking over AIG, taking over the car dealers,
taking over Wall Street, why, at this time, would you choose to limit
the deductible of charitable contributions?
And then it hit me. It hit me. It's all about the GRE. All about the
GRE. That's what all of this is about, the
[[Page 8777]]
GRE, the Government Running Everything. That's what it's about, the
Government Running Everything. And that's what all of these things are
about.
You know, people in positions that should have known better, not
paying taxes. People, I mean, Secretary Geithner, for goodness sakes. I
was on a conference call with constituents. One lady I didn't know
before the call was telling me she had just retired from the IRS. She
said, IRS employees are incensed that they now have a boss who didn't
pay his taxes when he knew he was supposed to.
And she went on to say at one point, I'd gone over to the boats at
Bossier City in Louisiana, and won $600. And when I went to file my tax
return and filed it, I forgot I had gotten that $600 that I won over
there. So I immediately filed an amended return. And because I was
filing an amended return, under the IRS rules, she said, an IRS agent
who underpays taxes, no ifs, ands or buts, there's no excuses. You're
fired. That's it. No recourse.
She said, I was being fired, and the only thing that saved me was my
supervisor pointed out that I had not underpaid my taxes. I was getting
money back, so the amended tax return didn't actually cause her to have
to pay anything. Therefore, she was able to scramble, with her
supervisor's help, and keep her job over $600, where she'd paid all the
taxes that was due.
But now, everybody else in the IRS has a boss that has done exactly
what she was about to be fired for if she hadn't overpaid her taxes.
It isn't right. And it appears that there are two standards already
under this administration, one for powerful people, and then the other
one for ordinary folks who are working every day and paying their
taxes. That isn't right.
And we don't need the government running everything. Look at what
we've done. You know, the government should be about making sure
there's a level playing field so everybody can play fairly. And then
we're to provide for a common defense against enemies, foreign and
domestic. That means cheaters. So if people are cheating out on the
playing field, we move in, we go after them.
But it turns out we have been so busy trying to tell auto makers how
to make cars, trying to tell banks who they have to loan to, what they
have to do, we have been so busy trying to tell everybody how to run
their life, the government running everything, that we haven't been
taking care of going after the cheats like Madoff. That should never
have happened. I don't care which administration's in charge.
Apparently it was going on under a lot more than one. It doesn't
matter. The government needs to quit trying to run everything. Go after
the cheats. Make sure everybody plays by the same rules, and if they
don't, then punish them. But we should not be running everything, and
that's what we see over and over.
And I hope the American people will think about these things, Mr.
Speaker, as they start seeing gas prices go higher and higher, at the
very same time we're putting more and more of our energy, our own
energy off limits. And we're making, having more and more dictation,
this cap-and-tax, going to add thousands of dollars to people's budgets
they have to pay when we've got a budget here running out of control.
And it is deeply disconcerting.
I know there are some people that are saying, well, maybe the
American people will forgive the Republicans for overspending
previously now that they've seen the Democratic majority has just more
than doubled anything Republicans ever did, and give us another chance.
I hope they will. I know those who were pushing the overspending before
have learned their lesson.
But the trouble is, I don't know how much more of this damage to the
country we can survive for the next year and a half before the next
election. But I appreciate the chance to point these out.
And I would yield back to my dear friend, fellow former judge, Judge
Carter.
Mr. CARTER. Reclaiming my time, I thank Judge Gohmert, Congressman
Gohmert, for a really heartfelt explanation of why he is trying to come
up with alternative ideas. It's the same reason that Dr. Broun and I
are trying to come up with alternative ideas. We just see this
phenomenal number that is looming on the horizon of expenditures, and
we can't help but be just absolutely scared to death as to what it
means for our grandchildren. I don't have any right now, but, by golly,
I plan to, and I want to make sure that when I do, that I'm not leaving
them $100,000 a person debt, which is something that at least one of
the pundits has said, that when they finish with this, every American's
portion of the debt will be over $100,000. That's today, without any
interest stacking up on it. What's it going to be for our grandchildren
and our great grandchildren? Because, believe me, the kind of numbers
that they, the Obama administration, is putting forward in 60 days,
they've done almost $3 trillion. There's another trillion on the
drawing board that we just heard about that we're going to bring out of
the Fed, which is ultimately still got to be paid back. We're not even
looking at the numbers that are over in the Fed. And then we've got a
$3.6 trillion budget proposed, which supposedly is going to be crammed
down our throats next week, without much participation on the side of
the minority.
So, yeah, we're worried. And yeah, that's one of the reasons that I
come up here every week and talk about it's time for us to resolve
these issues of trust. And I want to make it very clear, I sat here,
when we were in the majority, in the chair that the Speaker's in
sitting here tonight, and heard the term ``corruption'' used to every
member of the Republican Party every single night. And I'll tell you,
there were some people that deserved it. But the vast majority of the
people didn't. And those issues got resolved, and they got it resolved
in the Court and they got it resolved by the rules of the Republican
conference.
There's nothing resolving the issues that are being brought up. And
there's lot more than I've talked about here today, and I will talk
about those too, because nobody's accusing anybody of being corrupt,
but somebody is saying there are accusations that should be resolved.
And it's a trust issue.
Can the American people trust our economy, trust our soldiers on the
battlefield, trust our health care to people who have trust issues with
the American people?
And I think the American people should say, whoever's in charge of
resolving it, resolve it. Tell us, is this something we should be
concerned about? Because they are. Or shouldn't we be concerned about
it?
That's the reason I'm here. I think that's the reason Dr. Broun's
here. We're here to say, these are serious issues, serious issues for
the American people.
I would like to have a little more time at the end. But I would like
to yield some time to my friend, Dr. Broun from Georgia.
Mr. BROUN of Georgia. Thank you, Judge Carter. I appreciate your
yielding.
You brought up a whole lot of very, very good points here. The
American people should not trust this budget that's being presented
because all it's going to do, in my opinion, is deepen the depression
or recession, and probably put us into a recession.
I believe very firmly that if there is corruption, people should go
to jail. If there are people who we cannot trust, as Congressman
Gohmert was talking about, if an IRS agent can't be trusted, they're
fired. The American people need to be firing people who can't be
trusted.
And we, as Republicans, are presenting a lot of things that the
American people can trust in that look to the private sector, and will
solve this economic problem. I applaud Congressman Gohmert's plan of a
2-month tax holiday. That's the reason I very strongly endorsed his
bill. In fact, I presented my own bill, or actually it was an amendment
to that stimulus or nonstimulus, ``porkulus'' bill that we
[[Page 8778]]
had here. My idea was if the Democratic majority was so bent on
spending $835 billion, let's just divide it amongst the American people
who are taxpayers, legal resident taxpayers in this country, and bail
them out, instead of bailing out Wall Street. And if you divide that
out, per legal resident taxpayer, we would have sent every single legal
resident taxpayer in this country right at $9,000. A couple would have
got almost $18,000.
{time} 2015
But the Democratic majority would not consider my amendment, one
which makes sense and one which does not borrow from our grandchildren
and put them in hock the way we see with this new budget coming forth
on this floor next week.
So I applaud you, Judge Carter, for bringing out these issues of
trust. I know the American people did not trust Republicans, and they
took us out of the majority in 2006. I was not here then. In 2008, they
actually took more Republicans out of office.
We have, I think, presented many things to the American people that
they can look at, and they can trust the Republicans to bring forth
ideas and to stand firm on good ethics. On the trust of the American
people, we are presenting solutions after solutions that make sense
economically and that do not borrow from our grandchildren, and
hopefully, the American people will trust us.
I just applaud what you are doing, Judge Carter. I yield back.
Mr. CARTER. I thank you for your comments.
I want to thank my friends for coming out tonight and for joining me
in this hour of talk and discussion. I want to thank the Speaker for
being patient with us tonight and for staying here with us, and I thank
those who work to make a recording of what is said here, which I happen
to know from long years of experience is a very difficult job, and I
always have a lot of sympathy for the court reporters who have to take
down people who talk like I do, so I want to give them some credit here
tonight.
I want to thank the American people. To those who did listen in,
let's use some common sense, and let's get everything out on the table,
and let's resolve any ethics issues we've got so that America can trust
the people who are talking to them. If we talk straight and if we try
to come up with straight ideas, I think the American people know that
good, solid, commonsense ideas can fix things. I hope that they will
participate in this representative form of government by contacting
their Representatives and by making suggestions. I have gotten good
ones from my constituents. They will send me more good ones, and I hope
that everybody in America will contact their Representatives and will
let them know how they feel about things and will give them the good
ideas, because that is what a representative form of government is all
about, and that is why we have a Republic. I am proud to be a small
part of this Republic.
With that, I would like to yield back the balance of my time.
____________________
LEAVE OF ABSENCE
By unanimous consent, leave of absence was granted to:
Mr. Westmoreland (at the request of Mr. Boehner) for today and the
balance of the week on account of an illness.
____________________
SPECIAL ORDERS GRANTED
By unanimous consent, permission to address the House, following the
legislative program and any special orders heretofore entered, was
granted to:
(The following Members (at the request of Mr. Cummings) to revise and
extend their remarks and include extraneous material:)
Mr. Hoyer, for 5 minutes, today.
Mr. Cummings, for 5 minutes, today.
Mr. Van Hollen, for 5 minutes, today.
Mr. Ruppersberger, for 5 minutes, today.
Mr. Kratovil, for 5 minutes, today.
Ms. Woolsey, for 5 minutes, today.
Ms. Sutton, for 5 minutes, today.
Mr. Sestak, for 5 minutes, today.
Mr. DeFazio, for 5 minutes, today.
Ms. Kaptur, for 5 minutes, today.
Mr. Sherman, for 5 minutes, today.
(The following Members (at the request of Mr. Guthrie) to revise and
extend their remarks and include extraneous material:)
Mr. Hunter, for 5 minutes, today.
Mr. Poe of Texas, for 5 minutes, April 1.
Mr. Jones, for 5 minutes, April 1.
Mr. Burton of Indiana, for 5 minutes, March 30, 31 and April 1.
Mr. Cassidy, for 5 minutes, March 30, 31 and April 1.
Mr. Forbes, for 5 minutes, today.
Mrs. Biggert, for 5 minutes, today.
(The following Members (at their own request) to revise and extend
their remarks and include extraneous material:)
Mr. Bartlett, for 5 minutes, today.
Ms. Edwards of Maryland, for 5 minutes, today.
Mr. Flake, for 5 minutes, today.
____________________
ADJOURNMENT
Mr. CARTER. Mr. Speaker, I move that the House do now adjourn.
The motion was agreed to; accordingly (at 8 o'clock and 17 minutes
p.m.), the House adjourned until tomorrow, Thursday, March 26, 2009, at
10 a.m.
____________________
EXECUTIVE COMMUNICATIONS, ETC.
Under clause 8 of rule XII, executive communications were taken from
the Speaker's table and referred as follows:
1048. A letter from the Assistant Secretary for
Installations and Environment, Department of the Navy,
transmitting notification of the result of a public-private
competition, in accordance with 10 U.S.C. 2462(a); to the
Committee on Armed Services.
1049. A letter from the Director, Regulatory Management
Division, Environmental Protection Agency, transmitting the
Agency's final rule -- Approval and Promulgation of Air
Quality Implementation Plans; District of Columbia; Update to
Materials Incorporated by Reference [DC103-2051; FRL-8775-3]
received March 13, 2009, pursuant to 5 U.S.C. 801(a)(1)(A);
to the Committee on Energy and Commerce.
1050. A letter from the Director, Regulatory Management
Division, Environmental Protection Agency, transmitting the
Agency's final rule -- Approval and Promulgation of Air
Quality Implementation Plans; Pennsylvania; Redesignation of
the Greene County 8-Hour Ozone Nonattainment Area to
Attainment and Approval of the Maintenance Plan and 2002
Base-Year Inventory [EPA-R03-OAR-2007-0176; FRL-8777-3]
received March 13, 2009, pursuant to 5 U.S.C. 801(a)(1)(A);
to the Committee on Energy and Commerce.
1051. A letter from the Director, Regulatory Management
Division, Environmental Protection Agency, transmitting the
Agency's final rule -- Approval and Promulgation of Air
Quality Implementation Plans; Virginia; Amendments to the
Open Burning Regulation [EPA-R03-OAR-2007-0200; FRL-8773-1]
received March 13, 2009, pursuant to 5 U.S.C. 801(a)(1)(A);
to the Committee on Energy and Commerce.
1052. A letter from the Director, Regulatory Management
Division, Environmental Protection Agency, transmitting the
Agency's final rule -- Approval and Promulgation of Air
Quality Implementation Plans; Pennsylvania; Redesignation of
the Clearfield/Indiana 8-Hour Ozone Nonattainment Area to
Attainment and Approval of the Maintenance Plan and 2002
Base-Year Inventory [EPA-R03-OAR-2007-0624; FRL-8777-4]
received March 13, 2009, pursuant to 5 U.S.C. 801(a)(1)(A);
to the Committee on Energy and Commerce.
1053. A letter from the Director, Regulatory Management
Division, Environmental Protection Agency, transmitting the
Agency's final rule -- Approval and Promulgation of Air
Quality Implementation Plans; Alabama; Update to Materials
Incorporated by Reference [AL-200822; FRL-8759-9] received
March 13, 2009, pursuant to 5 U.S.C. 801(a)(1)(A); to the
Committee on Energy and Commerce.
1054. A letter from the Director, Regulatory Management
Division, Environmental Protection Agency, transmitting the
Agency's final rule -- Approval and Promulgation of
Implementation Plans; Texas; Revisions to Permits by Rule and
Regulations for Control of Air Pollution by Permits for New
Construction or Modification [EPA-R06-OAR-2005-TX-0026; FRL-
8780-5] received March 13, 2009, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Energy and Commerce.
1055. A letter from the Director, Regulatory Management
Division, Environmental
[[Page 8779]]
Protection Agency, transmitting the Agency's final rule --
Final Determination to Approve Research, Development, and
Demonstration Request for the Salt River Landfill [EPA-R09-
RCRA-2008-0354; FRL-8777-9] received March 13, 2009, pursuant
to 5 U.S.C. 801(a)(1)(A); to the Committee on Energy and
Commerce.
1056. A letter from the Director, Regulatory Management
Division, Environmental Protection Agency, transmitting the
Agency's final rule -- Pendimethalin; Pesticide Tolerances
for Emergency Exemptions [EPA-HQ-OPP-2008-0513; FRL-8400-1]
received March 13, 2009, pursuant to 5 U.S.C. 801(a)(1)(A);
to the Committee on Energy and Commerce.
1057. A letter from the Director, Regulatory Management
Division, Environmental Protection Agency, transmitting the
Agency's final rule -- Pyraclostrobin; Pesticide Tolerances
for Emergency Exemptions [EPA-HQ-OPP-2008-0936; FRL-8402-8]
received March 13, 2009, pursuant to 5 U.S.C. 801(a)(1)(A);
to the Committee on Energy and Commerce.
1058. A letter from the Director, Regulatory Management
Division, Environmental Protection Agency, transmitting the
Agency's final rule -- Approval and Promulgation of Air
Quality Implementation Plans; Maryland; Update to Materials
Incorporated by Reference [MD202-3118; FRL-8775-2] received
13, 2009, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee
on Energy and Commerce.
1059. A letter from the Acting Assistant Secretary for
Legislative Affairs, Department of State, transmitting
certification of a proposed manufacturing license agreement
for the export of defense articles, including technical data,
and defense services in the amount of $50,000,000 or more
(Transmittal No. DDTC 147-08), pursuant to 22 U.S.C. 39,
section 36(c); to the Committee on Foreign Affairs.
1060. A letter from the Acting Assistant Secretary for
Legislative Affairs, Department of State, transmitting
certification of a proposed technical assistance agreement
for the export of technical data, defense services, and
defense articles to Australia (Transmittal No. DDTC 144-08),
pursuant to 22 U.S.C. 39, 36(c); to the Committee on Foreign
Affairs.
1061. A letter from the Acting Assistant Secretary for
Legislative Affairs, Department of State, transmitting
certification of a proposed technical assistance agreement
for the export of technical data, defense services, and
defense articles to the Republic of Korea (Transmittal No.
DDTC 148-08), pursuant to 22 U.S.C. 39, 36(c); to the
Committee on Foreign Affairs.
1062. A letter from the Chief Human Capital Officer,
Corporation for National and Community Service, transmitting
a report pursuant to the Federal Vacancies Reform Act of
1998; to the Committee on Oversight and Government Reform.
1063. A letter from the Chief Executive Officer,
Neighborhood Reinvestment Corporation, transmitting the
Corporation's Fiscal Year 2008 Annual Program Performance
Report, prepared in accordance with the provisions of The
Government Performance and Results Act of 1993; to the
Committee on Oversight and Government Reform.
1064. A letter from the Chairman, Railroad Retirement
Board, transmitting a copy of the annual report for Calendar
Year 2008, in compliance with the Government in the Sunshine
Act, pursuant to 5 U.S.C. 552b(j); to the Committee on
Oversight and Government Reform.
1065. A letter from the Director, Administrative Office of
the United States Courts, transmitting the Office's report
entitled, ``Report of the Proceedings of the Judicial
Conference of the United States'' for the September 2008
session and the June 2008 special session; to the Committee
on the Judiciary.
____________________
REPORTS OF COMMITTEES ON PUBLIC BILLS AND RESOLUTIONS
Under clause 2 of rule XIII, reports of committees were delivered to
the Clerk for printing and reference to the proper calendar, as
follows:
Mr. OBERSTAR: Committee on Transportation and
Infrastructure. H.R. 608. A bill to authorize the Board of
Regents of the Smithsonian Institution to carry out certain
construction projects, and for other purposes (Rept. 111-53,
Pt. 1). Ordered to be printed.
____________________
TIME LIMITATION OF REFERRED BILL
Pursuant to clause 2 of rule XII the following action was taken by
the Speaker:
H.R. 608. Referral to the Committee on House Administration
extended for a period ending not later than April 24, 2009.
____________________
PUBLIC BILLS AND RESOLUTIONS
Under clause 2 of rule XII, public bills and resolutions of the
following titles were introduced and severally referred, as follows:
By Mr. ALTMIRE (for himself, Mr. Tim Murphy of
Pennsylvania, and Ms. Eshoo):
H.R. 1699. A bill to require that certain complex
diagnostic laboratory tests performed by an independent
laboratory after a hospital outpatient encounter or inpatient
stay during which the specimen involved was collected shall
be treated as services for which payment may be made directly
to the laboratory under part B of title XVIII of the Social
Security Act; to the Committee on Energy and Commerce, and in
addition to the Committee on Ways and Means, for a period to
be subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the
jurisdiction of the committee concerned.
By Mrs. MALONEY (for herself, Mrs. Capito, Ms. Norton,
Ms. Kaptur, Ms. DeLauro, Ms. Bordallo, Mr. Moran of
Virginia, Ms. Watson, Ms. Hirono, Ms. Fallin, Ms.
Kilpatrick of Michigan, Mrs. Blackburn, Ms.
Schakowsky, and Mr. Mario Diaz-Balart of Florida):
H.R. 1700. A bill to authorize the Administrator of General
Services to convey a parcel of real property in the District
of Columbia to provide for the establishment of a National
Women's History Museum; to the Committee on Transportation
and Infrastructure.
By Mr. JONES (for himself and Mr. Taylor):
H.R. 1701. A bill to amend title 10, United States Code, to
direct the Secretary of Defense to establish a special review
board for certain former members of the Armed Forces with
post-traumatic stress disorder or a traumatic brain injury,
and for other purposes; to the Committee on Armed Services.
By Mr. MILLER of North Carolina (for himself, Mr. Price
of North Carolina, Mr. Castle, Mr. Hinchey, Mr.
Ellison, Ms. Moore of Wisconsin, and Mr. Jackson of
Illinois):
H.R. 1702. A bill to authorize assistance for affordable
housing and sustainable urban development in developing
countries, and for other purposes; to the Committee on
Foreign Affairs.
By Mr. FATTAH:
H.R. 1703. A bill to require a study and comprehensive
analytical report on transforming America by reforming the
Federal tax code through elimination of all Federal taxes on
individuals and corporations and replacing the Federal tax
code with a transaction fee-based system; to the Committee on
Ways and Means.
By Ms. SCHAKOWSKY:
H.R. 1704. A bill to amend the Public Health Service Act to
improve mental and behavioral health services on college
campuses; to the Committee on Energy and Commerce, and in
addition to the Committee on Education and Labor, for a
period to be subsequently determined by the Speaker, in each
case for consideration of such provisions as fall within the
jurisdiction of the committee concerned.
By Mr. DELAHUNT (for himself and Mr. Miller of North
Carolina):
H.R. 1705. A bill to create a Financial Product Safety
Commission, to provide consumers with stronger protections
and better information in connection with consumer financial
products, and to give providers of consumer financial
products more regulatory certainty; to the Committee on
Financial Services.
By Mr. RUSH (for himself, Mr. Waxman, Mr. Dingell, Mr.
Doyle, Mr. Markey of Massachusetts, Mr. Stupak, Ms.
Schakowsky, and Ms. DeGette):
H.R. 1706. A bill to prohibit brand name drug companies
from compensating generic drug companies to delay the entry
of a generic drug into the market, and for other purposes; to
the Committee on Energy and Commerce, and in addition to the
Committee on the Judiciary, for a period to be subsequently
determined by the Speaker, in each case for consideration of
such provisions as fall within the jurisdiction of the
committee concerned.
By Ms. GRANGER (for herself, Mr. Wolf, Mr. Young of
Florida, Mr. King of New York, Mr. Crenshaw, and Mr.
Burton of Indiana):
H.R. 1707. A bill to increase housing, awareness, and
navigation demonstration services (HANDS) for individuals
with autism spectrum disorders; to the Committee on Energy
and Commerce, and in addition to the Committee on Financial
Services, for a period to be subsequently determined by the
Speaker, in each case for consideration of such provisions as
fall within the jurisdiction of the committee concerned.
By Mr. GENE GREEN of Texas (for himself and Mr. Terry):
H.R. 1708. A bill to amend title II of the Social Security
Act to phase out the 24-month waiting period for disabled
individuals to become eligible for Medicare benefits, to
eliminate the waiting period for individuals with life-
threatening conditions, and for other purposes; to the
Committee on Ways and Means, and in addition to the
Committees on Energy and Commerce, and Transportation and
Infrastructure, for a period to be subsequently determined by
the Speaker, in each case for consideration of such
provisions as
[[Page 8780]]
fall within the jurisdiction of the committee concerned.
By Mr. GORDON of Tennessee (for himself, Mr. Hall of
Texas, Mr. Lipinski, and Mr. Ehlers):
H.R. 1709. A bill to establish a committee under the
National Science and Technology Council with the
responsibility to coordinate science, technology,
engineering, and mathematics education activities and
programs of all Federal agencies, and for other purposes; to
the Committee on Science and Technology, and in addition to
the Committee on Education and Labor, for a period to be
subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the
jurisdiction of the committee concerned.
By Mr. SOUDER (for himself, Mr. Kennedy, Mr. Grijalva,
Mr. Hare, and Mr. Yarmuth):
H.R. 1710. A bill to include family therapists on the list
of professionals recognized to provide public school mental
health services under the Elementary and Secondary Education
Act of 1965; to the Committee on Education and Labor.
By Mr. ABERCROMBIE (for himself, Mr. Sablan, Ms.
Hirono, Mr. Young of Alaska, Ms. Bordallo, Mr. Moran
of Virginia, Mr. Faleomavaega, and Mr. Kildee):
H.R. 1711. A bill to express the policy of the United
States regarding the United States relationship with Native
Hawaiians, to provide a process for the reorganization of a
Native Hawaiian government and the recognition by the United
States of the Native Hawaiian government, and for other
purposes; to the Committee on Natural Resources.
By Mrs. BLACKBURN (for herself, Mr. Gingrey of Georgia,
Mr. Marchant, Mr. Westmoreland, Ms. Ginny Brown-Waite
of Florida, and Mr. Pitts):
H.R. 1712. A bill to amend title II of the Social Security
Act to establish a Social Security Surplus Protection Account
in the Federal Old-Age and Survivors Insurance Trust Fund to
hold the Social Security surplus, to provide for suspension
of investment of amounts held in the Account until enactment
of legislation providing for investment of the Trust Fund in
investment vehicles other than obligations of the United
States, and to establish a Social Security Investment
Commission to make recommendations for alternative forms of
investment of the Social Security surplus in the Trust Fund;
to the Committee on Ways and Means.
By Mr. BOREN (for himself, Mr. Cole, Ms. Fallin, Mr.
Sullivan, and Mr. Lucas):
H.R. 1713. A bill to name the South Central Agricultural
Research Laboratory of the Department of Agriculture in Lane,
Oklahoma, and the facility of the United States Postal
Service located at 310 North Perry Street in Bennington,
Oklahoma, in honor of former Congressman Wesley ``Wes''
Watkins; to the Committee on Agriculture, and in addition to
the Committee on Oversight and Government Reform, for a
period to be subsequently determined by the Speaker, in each
case for consideration of such provisions as fall within the
jurisdiction of the committee concerned.
By Mr. BRADY of Pennsylvania:
H.R. 1714. A bill to require that the Board Compensation
Committees required for financial institutions receiving
assistance under the Troubled Assets Relief Program include
the representation of the financial institution's lowest paid
employees; to the Committee on Financial Services.
By Ms. DeGETTE:
H.R. 1715. A bill to amend the Public Health Service Act
with respect to the protection of human subjects in research;
to the Committee on Energy and Commerce.
By Mr. HILL (for himself, Mr. Adler of New Jersey, Mr.
Carson of Indiana, Mr. Burton of Indiana, Mr.
Donnelly of Indiana, Mr. Visclosky, and Mr. Stupak):
H.R. 1716. A bill to amend the Internal Revenue Code of
1986 to allow the deduction for real property taxes on the
principal residences to all individuals whether or not they
itemize other deductions; to the Committee on Ways and Means.
By Mr. HOEKSTRA (for himself, Mr. Akin, Mrs. Bachmann,
Mr. Barrett of South Carolina, Mr. Bartlett, Mr.
Bishop of Utah, Mrs. Blackburn, Mr. Blunt, Mr.
Bonner, Mr. Burton of Indiana, Mr. Broun of Georgia,
Mr. Campbell, Mr. Cantor, Mr. Carter, Mr. Coffman of
Colorado, Mr. Conaway, Mr. Culberson, Ms. Fallin, Mr.
Flake, Ms. Foxx, Mr. Franks of Arizona, Mr. Garrett
of New Jersey, Mr. Gingrey of Georgia, Mr. Gohmert,
Mr. Hensarling, Mr. Herger, Mr. Inglis, Mr. Issa, Mr.
Jones, Mr. Kingston, Mr. Kline of Minnesota, Mr.
Lamborn, Mr. Linder, Mr. Lucas, Mr. Daniel E. Lungren
of California, Mr. McHenry, Mr. Manzullo, Mrs. Miller
of Michigan, Mr. Miller of Florida, Mr. Moran of
Kansas, Mr. Paul, Mr. Pence, Mr. Pitts, Mr. Price of
Georgia, Mr. Rogers of Michigan, Mr. Rohrabacher, Mr.
Ryan of Wisconsin, Mr. Sensenbrenner, Mr. Shadegg,
Mr. Thornberry, Mr. Tiahrt, Mr. Westmoreland, and Mr.
Wilson of South Carolina):
H.R. 1717. A bill to allow a State to submit a declaration
of intent to the Secretary of Education to combine certain
funds to improve the academic achievement of students; to the
Committee on Education and Labor.
By Mr. KIND (for himself, Mr. Herger, Mr. Davis of
Alabama, Mr. Pascrell, and Mr. Thompson of
California):
H.R. 1718. A bill to amend the Internal Revenue Code of
1986 to treat amounts paid for umbilical cord blood banking
services as medical care expenses; to the Committee on Ways
and Means.
By Ms. ZOE LOFGREN of California:
H.R. 1719. A bill to amend the National Voter Registration
Act of 1993 and the Help America Vote Act of 2002 to promote
the use of the Internet by State and local election officials
in carrying out voter registration activities, and for other
purposes; to the Committee on House Administration.
By Ms. NORTON:
H.R. 1720. A bill to permit statues honoring citizens of
the District of Columbia to be placed in Statuary Hall in the
same manner as statues honoring citizens of the States are
placed in Statuary Hall, and for other purposes; to the
Committee on House Administration.
By Mr. PALLONE (for himself, Mr. Dingell, and Mr.
Kennedy):
H.R. 1721. A bill to amend the Public Health Service Act to
help individuals with functional impairments and their
families pay for services and supports that they need to
maximize their functionality and independence and have
choices about community participation, education, and
employment, and for other purposes; to the Committee on
Energy and Commerce, and in addition to the Committees on
Ways and Means, Rules, and the Budget, for a period to be
subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the
jurisdiction of the committee concerned.
By Mr. SARBANES (for himself, Mr. Wolf, Mr. Connolly of
Virginia, Mr. Lynch, Mr. Davis of Illinois, Mr. Moran
of Virginia, and Mr. Ruppersberger):
H.R. 1722. A bill to improve teleworking in executive
agencies by developing a telework program that allows
employees to telework at least 20 percent of the hours worked
in every 2 administrative workweeks, and for other purposes;
to the Committee on Oversight and Government Reform.
By Mr. STARK (for himself, Mr. George Miller of
California, Ms. Woolsey, and Mrs. Maloney):
H.R. 1723. A bill to provide for a paid family and medical
leave insurance program, and for other purposes; to the
Committee on Education and Labor, and in addition to the
Committees on Oversight and Government Reform, and Ways and
Means, for a period to be subsequently determined by the
Speaker, in each case for consideration of such provisions as
fall within the jurisdiction of the committee concerned.
By Mr. TURNER (for himself and Ms. Sutton):
H.R. 1724. A bill to amend the Internal Revenue Code of
1986 to provide tax incentives for the remediation of
contaminated sites; to the Committee on Ways and Means.
By Mr. VAN HOLLEN (for himself, Ms. Pingree of Maine,
Mr. Ruppersberger, Mr. Kratovil, and Mr. Rahall):
H.R. 1725. A bill to amend title XIX of the Social Security
Act to require, at the option of a State, drug manufacturers
to pay rebates to State prescription drug discount programs
as a condition of participation in a rebate agreement for
outpatient prescription drugs under the Medicaid Program; to
the Committee on Energy and Commerce.
By Mrs. BACHMANN (for herself, Mr. Hensarling, Mr.
Price of Georgia, Mr. Shadegg, Mr. Kirk, Ms. Foxx,
Mr. Pitts, Mr. Bartlett, Mr. McClintock, Mr. Gingrey
of Georgia, Mr. Wamp, Ms. Fallin, Mr. Fleming, Mrs.
Blackburn, Mr. Broun of Georgia, Mr. Akin, Mr. Issa,
Mr. King of Iowa, Mr. Burton of Indiana, Mr. Gohmert,
Mr. Thompson of Pennsylvania, Mr. Lamborn, Mr. Paul,
Mr. Culberson, Mrs. Biggert, Mr. Brown of South
Carolina, Mr. Jones, Mr. Posey, Mr. Roe of Tennessee,
and Mr. Conaway):
H.J. Res. 41. A joint resolution proposing an amendment to
the Constitution of the United States to prohibit the
President from entering into a treaty or other international
agreement that would provide for the United States to adopt
as legal tender in the United States a currency issued by an
entity other than the United States; to the Committee on the
Judiciary.
By Mr. ABERCROMBIE (for himself and Ms. Hirono):
H. Con. Res. 81. Concurrent resolution recognizing the
150th anniversary of the arrival of the Sisters of the Sacred
Hearts in Hawai`i; to the Committee on Education and Labor.
By Mr. THOMPSON of Mississippi:
H. Con. Res. 82. Concurrent resolution expressing the sense
of the Congress that a commemorative postage stamp should be
[[Page 8781]]
issued honoring James Chaney, Andrew Goodman, and Michael
Schwerner; to the Committee on Oversight and Government
Reform.
By Mr. FLAKE
H. Res. 286. A resolution raising a question of the
privileges of the House.
By Ms. BEAN (for herself, Mr. Cooper, Mr. Kind, Mr.
Heller, Mr. Flake, and Mr. Campbell):
H. Res. 287. A resolution directing the Clerk of the House
of Representatives to post on the public Internet site of the
Office of the Clerk a record, organized by Member name, of
recorded votes taken in the House, and directing each Member
who maintains an official public Internet site to provide an
electronic link to such record; to the Committee on House
Administration.
____________________
ADDITIONAL SPONSORS
Under clause 7 of rule XII, sponsors were added to public bills and
resolutions as follows:
H.R. 22: Mr. Fattah, Mr. Sherman, Mr. Dicks, Mr. Kline of
Minnesota, Mr. Walden, Mr. Smith of Washington, and Mrs. Bono
Mack.
H.R. 31: Mr. LaTourette.
H.R. 67: Mr. Van Hollen.
H.R. 111: Mr. Waxman and Mr. Cassidy.
H.R. 154: Mr. Hinojosa.
H.R. 179: Mr. Doyle.
H.R. 197: Mr. Mica, Mr. Kline of Minnesota, Mr. Poe of
Texas, Mr. Mario Diaz-Balart of Florida, Mr. Tiahrt, Ms.
Foxx, Mr. Bilirakis, Mr. Jordan of Ohio, and Mr. Moran of
Kansas.
H.R. 272: Mr. Boswell.
H.R. 303: Mr. Griffith, Mr. Doyle, and Mr. Lincoln Diaz-
Balart of Florida.
H.R. 327: Mr. Pierluisi.
H.R. 422: Mr. McNerney.
H.R. 444: Mrs. Christensen.
H.R. 498: Mrs. Myrick.
H.R. 560: Mr. Olson and Mr. Marchant.
H.R. 574: Ms. Shea-Porter.
H.R. 606: Mr. Moore of Kansas.
H.R. 618: Mr. Davis of Alabama.
H.R. 622: Mr. Perriello.
H.R. 626: Mr. Serrano, Mr. Sestak, and Mr. Moore of Kansas.
H.R. 650: Mr. Boren.
H.R. 653: Mr. Sestak.
H.R. 699: Mr. Sestak.
H.R. 729: Mr. Spratt, Mr. Murphy of Connecticut, Mr.
Chandler, and Ms. Jackson-Lee of Texas.
H.R. 745: Mr. Carney.
H.R. 775: Mr. Barrett of South Carolina, Mr. Latta, Mr.
Higgins, and Mr. Bishop of Georgia.
H.R. 785: Mr. Sestak.
H.R. 873: Mr. Matheson, Mr. Sherman, Ms. Kilpatrick of
Michigan, and Ms. Linda T. Sanchez of California.
H.R. 927: Mr. Kagen.
H.R. 936: Ms. Eddie Bernice Johnson of Texas, Mr. Lujan,
Mr. Baca, Ms. Giffords, Mr. Cohen, and Mr. Blumenauer.
H.R. 946: Mr. Sires.
H.R. 949: Ms. Corrine Brown of Florida and Mr. Walz.
H.R. 953: Ms. Ginny Brown-Waite of Florida.
H.R. 958: Mr. McHugh, Mr. Ross, Ms. Linda T. Sanchez of
California, and Mr. Sestak.
H.R. 978: Mrs. Bachmann, Mr. Moore of Kansas, Mr. McMahon,
and Mr. McHenry.
H.R. 985: Mr. Maffei.
H.R. 997: Mr. Campbell and Mr. Thompson of Pennsylvania.
H.R. 998: Mr. Young of Florida.
H.R. 1083: Mr. Lamborn.
H.R. 1171: Mr. Michaud.
H.R. 1185: Mr. McMahon.
H.R. 1189: Mr. Sestak and Mr. Gallegly.
H.R. 1210: Mr. Davis of Alabama.
H.R. 1214: Ms. Wasserman Schultz.
H.R. 1220: Mr. Lucas and Mr. Burton of Indiana.
H.R. 1231: Mr. Serrano and Mr. Sires.
H.R. 1232: Ms. Jackson-Lee of Texas.
H.R. 1242: Mr. Rooney.
H.R. 1255: Mr. McGovern and Mr. Boustany.
H.R. 1256: Mr. Sestak and Mr. Massa.
H.R. 1261: Mr. Shuster and Mr. Kissell.
H.R. 1264: Mr. Harper and Mr. Grayson.
H.R. 1274: Mr. Serrano.
H.R. 1285: Mr. Fattah.
H.R. 1303: Mr. Rangel and Mr. Sestak.
H.R. 1305: Mr. Costa and Mr. Doyle.
H.R. 1330: Ms. Wasserman Schultz and Mr. Moore of Kansas.
H.R. 1339: Ms. Kilpatrick of Michigan.
H.R. 1341: Mr. Etheridge.
H.R. 1380: Mr. Sires, Mr. Meeks of New York, Mr. Payne, Mr.
Lewis of Georgia, Mr. Barrow, Ms. Norton, Mr. Jackson of
Illinois, Mr. Honda, Mr. McMahon, Mr. Sarbanes, Ms. Hirono,
Mr. Kennedy, Mr. Holt, Mr. Sestak, Mr. Braley of Iowa, Ms.
Shea-Porter, Mr. Altmire, Mr. Cummings, and Mr. Space.
H.R. 1385: Mr. Kildee.
H.R. 1404: Mr. Teague and Mr. Coffman of Colorado.
H.R. 1406: Mrs. Blackburn.
H.R. 1427: Mr. Kingston.
H.R. 1437: Mr. Olson and Mr. Carney.
H.R. 1449: Mr. Duncan.
H.R. 1454: Mr. Kirk, Mr. Boozman, and Mr. Shuster.
H.R. 1458: Mr. Sestak.
H.R. 1460: Mr. Sestak and Mr. Young of Florida.
H.R. 1470: Mr. Miller of Florida, Mr. Thornberry, Ms.
Schwartz, Mr. Gerlach, and Mr. Smith of Nebraska.
H.R. 1475: Mr. Brady of Pennsylvania.
H.R. 1509: Mrs. McMorris Rodgers, Mr. Smith of Nebraska,
and Ms. Kosmas.
H.R. 1521: Mr. Dent, Mr. Smith of Nebraska, Mrs. Myrick,
Mr. Alexander, and Mr. Scott of Georgia.
H.R. 1548: Mr. Carson of Indiana.
H.R. 1550: Mr. Blumenauer and Mr. Yarmuth.
H.R. 1569: Mr. Jackson of Illinois and Ms. Kilpatrick of
Michigan.
H.R. 1585: Ms. Slaughter, Mr. Ellison, Mrs. Bono Mack, Mr.
Sestak, Mr. McNerney, Mr. Berman, Ms. Kilpatrick of Michigan,
Mr. Reyes, and Mr. Cleaver.
H.R. 1615: Mr. Towns, Mr. Hunter, Ms. Corrine Brown of
Florida, Mr. Rush, Mr. Gordon of Tennessee, and Ms. Ros-
Lehtinen.
H.R. 1616: Ms. Norton and Mr. Serrano.
H.R. 1624: Ms. Ginny Brown-Waite of Florida.
H.R. 1625: Ms. Corrine Brown of Florida, Mr. Rush, Mr.
Jackson of Illinois, Mr. Rogers of Alabama, Mr. Ross, Mr.
Israel, and Mr. Visclosky.
H.R. 1660: Mr. Massa and Mr. Lee of New York.
H.R. 1663: Mr. Rooney.
H.R. 1670: Mr. Rangel, Ms. Schakowsky, Mr. Loebsack, Mr.
Grijalva, Mr. Nadler of New York, Mrs. Davis of California,
Mr. Moran of Virginia, Mr. Moran of Kansas, Mr. Polis, Mr.
Reyes, Mr. Serrano, Ms. DeGette, Ms. Clarke, Mr. McHugh, Mr.
Frank of Massachusetts, and Ms. Slaughter.
H.R. 1683: Mr. Doggett.
H.R. 1684: Mr. Thompson of Pennsylvania, Mr. Dreier, Mr.
Rooney, Mr. Moran of Kansas, Mr. Nye, Mr. Paul, and Mr.
Cassidy.
H.R. 1685: Ms. DeLauro and Ms. Lee of California.
H.R. 1694: Mr. McGovern.
H.J. Res. 18: Mr. Rothman of New Jersey.
H. Con. Res. 36: Mr. Bilirakis.
H. Con. Res. 42: Mr. Lewis of Georgia.
H. Con. Res. 43: Mr. Lewis of Georgia.
H. Con. Res. 60: Mr. Gonzalez, Mr. Massa, Mr. Bachus, Mr.
Reyes; Ms. Ginny Brown-Waite of Florida, and Mr. McHugh.
H. Res. 20: Mr. Young of Alaska.
H. Res. 65: Mr. Sestak.
H. Res. 86: Mr. Platts.
H. Res. 111: Mr. Altmire, Mr. Deal of Georgia, Mr. Israel,
Mr. Lincoln Diaz-Balart of Florida, Mr. Neugebauer, Mr.
Sarbanes, and Mr. Jordan of Ohio.
H. Res. 130: Mr. Moore of Kansas and Mr. Wu.
H. Res. 164: Mr. McCotter.
H. Res. 171: Ms. Slaughter.
H. Res. 175: Mr. Wu and Mr. Lamborn.
H. Res. 244: Mr. Lamborn.
H. Res. 254: Mr. Maffei, Mr. Lynch, Mr. Ackerman, Mr. Brady
of Pennsylvania, Mr. Doyle, Mr. Hare, Mr. Engel, Ms.
McCollum, Mr. Moran of Virginia, Ms. Kilpatrick of Michigan,
Mr. Payne, Mr. Wexler, Mr. Kildee, Mr. Kennedy, Mr. Pascrell,
Mr. Markey of Massachusetts, Mr. Bishop of New York, Mr.
Davis of Tennessee, Mr. Crowley, Mr. Duncan, Mr. Patrick J.
Murphy of Pennsylvania, Mr. Kanjorski, Mr. Boswell, Ms.
Hirono, Mr. Carney, Mr. Higgins, Ms. Shea-Porter, Mr. Rothman
of New Jersey, and Mr. Tonko.
H. Res. 258: Mr. Sires, Mr. Ortiz, Mr. Engel, Mrs. McCarthy
of New York, Mr. Grijalva, Mr. Filner, and Mr. Polis.
H. Res. 268: Ms. Zoe Lofgren of California, Mr. Moran of
Virginia, and Mr. Carnahan.
H. Res. 269: Ms. Bordallo, Mr. Platts, and Mr. Brown of
South Carolina.
H. Res. 272: Mr. Chaffetz.
H. Res. 274: Mr. Braley of Iowa, Ms. DeLauro, Mr. Hinchey,
Mr. Bishop of Georgia, Mr. Lewis of Georgia, Mr. Gene Green
of Texas, Ms. Baldwin, Mr. Donnelly of Indiana, Mr. Courtney,
Mr. Murphy of Connecticut, Mr. Pallone, Mr. Butterfield, Mr.
Watt, Ms. Eddie Bernice Johnson of Texas, Ms. Kilpatrick of
Michigan, Ms. DeGette, Ms. Berkley, Mrs. McCarthy of New
York, Mr. Towns, Ms. Watson, Mr. Klein of Florida, Ms.
Woolsey, Ms. Hirono, Mr. Lipinski, Mr. Snyder, Mr. McNerney,
Mr. Shuler, Mr. Ellsworth, Mr. Boren, Mr. Nye, Mr. Hill, Mr.
Tanner, Mr. Cardoza, Mr. Griffith, Mr. Kratovil, Mrs.
Maloney, Mr. Driehaus, Mr. Minnick, Mr. Walz, Mr. Capuano,
Mr. Berry, Mr. Melancon, Mr. Sires, Mr. Barrow, Mr. Serrano,
Mr. Grijalva, Mr. Carney, Ms. Velazquez, Mr. Sarbanes, Mr.
Hodes, Mr. McCarthy of California, Ms. Corrine Brown of
Florida, Mrs. Napolitano, Mrs. Christensen and Mrs. Capps.
H. Res. 283: Mr. McCotter, and Mr. Murphy of Connecticut.
[[Page 8782]]
____________________
CONGRESSIONAL EARMARKS, LIMITED TAX BENEFITS, OR LIMITED TARIFF
BENEFITS
Under clause 9 of rule XXI, lists or statements on congressional
earmarks, limited tax benefits, or limited tariff benefits were
submitted as follows:
The amendments to be offered by Representative Hastings of
Washington or a designee to H.R. 146 the Omnibus Public Land
Management Act of 2009, do not contain any congressional
earmarks, limited tax benefits, or limited tariff benefits as
defined in clause 9(d), 9(e), or 9(f) of Rule XXI.
[[Page 8783]]
EXTENSIONS OF REMARKS
____________________
EARMARK DECLARATION
______
HON. ILEANA ROS-LEHTINEN
of florida
in the house of representatives
Wednesday, March 25, 2009
Ms. ROS-LEHTINEN. Madam Speaker, pursuant to Republican Leadership
standards on earmarks, I am submitting the following Information
regarding earmarks I received as part of H.R. 1109, The Omnibus
Appropriations Act, 2009.
Project Name: Police Department Photography Lab Upgrades for the City
of Miami
Amount Funded: $400,000
Account: COPS Law Enforcement Technology
Contact: Pedro G. Hernandez, City Manager, City of Miami
Address: 3500 Pan American Drive, Miami, Florida 33143
Description: The City of Miami Police Department Photo Lab Upgrades
Project will upgrade and digitize the City's police department photo
lab. Funds will be used to incorporate digital cameras, memory card
readers and a digital photographic laboratory system which will replace
the antiquated film technology that is currently in use. Funding for
photo lab upgrades will facilitate the investigative and prosecutorial
efforts of the law enforcement community in the City of Miami, with
national crime fighting implications that extend beyond Southern
Florida in circumstances when fugitives flee the City to avoid
prosecution.
Project Name: Miami Beach After School Gang and Drug Prevention
Program
Amount Funded: $200,000
Account: OJP--Bryne Discretionary Grants
Contact: Kevin Crowder, City of Miami Beach
Address: 1700 Convention Center Drive, Miami Beach, Florida 33139
Description: Continued After-School and summer programs ensure youth
``growing-up'' within the system. These youth are less likely to
entertain outside and detrimental participation in other unsupervised
activities, such as involvement in gangs and/or drugs. Participation in
the recently created Teen Intervention Program in North Beach has
increased dramatically during the past year, as have the various
programmatic offerings by the City. City of Miami Beach local funding
is $642,167, or 23% of the program cost. Justification for use of
federal taxpayer dollars.
Project Name: Life-Management Skill Intervention Program for At-Risk
Youth
Amount Funded: $300,000
Account: OJP--Juvenile Justice
Contact: Susan Benson, ARISE Foundation
Address: 824 U.S. Highway 1, Suite 420, North Palm Beach, Florida
33408
Description: During 2006-07 Florida committed 7,187 juvenile
offenders to residential delinquent treatment facilities. The
Department of Juvenile Justice wants to increase their life chances
according to the Models of Change (Systems Reform in Juvenile Justice).
ARISE provides juvenile, justice facilities with specialized staff
training and its unique curricula designed specifically for populations
reading at approximately a third grade level. With over 260 easy-to-
administer ARISE life-management lessons, ARISE materials contain vital
information necessary for reducing recidivism. The ARISE program
provides both staff training and educational materials for teaching
life lessons to incarcerated youth through interactive methods and help
develop critical thinking skills needed to break the cycle of violence
and crime that would otherwise doom many of these juvenile offenders to
tragic lives of gang involvement, crime, drugs, disease and poverty.
Due to inherent problems staff have in dealing with incarcerated high
risk youth, ARISE will expand its training program for Juvenile Care
and Detention Officers in Florida's Juvenile Justice facilities, by
introducing additional training topics such as anger management, non-
judgmental listening and conflict resolution. This training will be
directed at reducing staff on youth conflict, and severe turnover of
staff.
Project Name: City of Coral Gables Wastewater Infrastructure
Improvements
Amount Funded: $500,000
Account: EPA-STAG Water and Wastewater Infrastructure
Contact: Alberto Delgado, Department of Public Works, City of Coral
Gables
Address: 405 Biltmore Way, Coral Gables, Florida 33144
Description: The project meets the STAG match requirement. Funding
would be used to make state-mandated upgrades to the City's wastewater
infrastructure.
Project Name: Florida Keys Water Quality Improvements
Amounted Funded: $2,392,000
Account: Corps of Engineers, Construction
Contact: Clyde Burnett, City Manager, City of Marathon
Address: 9805 Overseas Highway, Marathon, Florida 33050
Description: The Florida Keys are required to meet rigid wastewater
and stormwater management restrictions as well as near shore water
quality and environmental protection standards.
Project Name: Miami Museum of Science Renewable Energy Research
Project
Amount Funded: $713,625
Account: Department of Energy, EERE
Contact: Gillian Thomas, President and CEO, Miami Museum of Science
Address: 3280 S. Miami Avenue, Miami, Florida 33122
Description: Funding is requested for a research and development
program aimed at enhancing understanding by Miami-Dade residents of
programs related to alternative energy and energy efficiency
technologies, with a special emphasis on Hispanic and Haitian
communities.
Project Name: Miami Harbor Channel Dredging
Amount Funded: $478,000
Account: Corps of Engineers, O&M
Contact: Eric Olafson, Assistant Director, Miami-Dade County
Address: 444 North Capitol Street, NW, Washington, DC 20001
Description: This funding request is for the first phase of
implementation, which includes the design, preparation of plans and
specifications for bidding. Miami-Dade County is also seeking an
additional source of PED funds through utilizing the funds that will be
restored to the project, once the Port of Miami reimburses the Army
Corps for its share of the costs of the General Reevaluation Report
(GRR). The Chief of Engineers has recommended the deepening project to
50-52 feet and Congress has authorized the project (Title I, Water
Resources Development Act of 2007).
Project: Intracoastal Waterway, Jacksonville to Miami, Florida
Amount Funded: $4,019,000
Account: Corps of Engineers, O&M
Contact: David Roach, Executive Director, Florida Inland Navigation
District
Address: 1314 Marcinski Road, Jupiter, Florida 33477
Description: Funds would be used to dredge the IWW in two locations:
(1) Matanzas Inlet (St. Johns County) and in the vicinity of St.
Augustine. In addition, funds would be used to (1) restore a Dredged
Material Management Area in St. Johns County and (2) construct a
Dredged Material Management Area in Indian River County. The
organization does not have a local match requirement with the Corps of
Engineers.
Project: Miami River Maintenance Dredging Project
Amount Funded: $10,043,000
Account: Corps of Engineers, O&M
Contact: Eric Olafson, Assistant Director, Miami-Dade County
Address: 444 North Capitol Street, NW, Washington, DC 20001
Description: This request is for the final phase of the Miami River
Dredging Project to restore authorized depth and width to the
navigation channel. This project, funded by the US Army Corps of
Engineers with a coalition of local sponsors led by Miami-Dade County,
removes contaminated sediments from the Miami River, Florida's 4th
largest port with an economic value of $4 billion. The local sponsor
has exceeded all match requirements.
Project: Lower Keys Shuttle Bus Facilities
Amount Funded: $950,000
Account: Transportation, Bus and Bus Facilities
Contact: Jim Scholl, City Manager, City of Key West
[[Page 8784]]
Address: 525 Angela Street, Key West, Florida 33140
Description: Federal funds will assist the City in its efforts to
improve the City's bus facilities. Specifically, funding will provide a
modern maintenance facility to assist in improved bus facilities as
well as passenger amenities such as waiting areas, bus transfer areas
and ticketing areas
Project: Atlantic Greenway Corridor Netowork
Amount Funded: $570,000
Account: Transportation, TCSP
Contact: Kevin Crowder, City of Miami Beach
Address: 1700 Convention Center Drive, Miami Beach, Florida 33139
Description: Through the development of the Atlantic Corridor
Greenway Network, the City of Miami Beach is creating a regional
alternative transportation network which will interconnect key
intermodal centers, area business districts, cultural/tourism centers,
residential neighborhoods, parking facilities, parks, schools and the
beaches. The Network will be comprised of a citywide system of bicycle/
pedestrian accessways, enhanced public transit facilities, expanded bus
service and innovative regional parking improvement programs.
Project: Little Venice Road Improvement Project, Phase II
Amount Funded: $95,000
Account: Transportation, TCSP
Contact: Clyde Burnett, City Manager, City of Marathon
Address: 9805 Overseas Highway, Marathon, Florida 33050
Description: The proposed project includes the installation of
drainage and retention structures to minimize the destructive impacts
from serious weather events. Additionally, the project proposes the
installation of an asphaltic overlay for all road surfaces in the
immediate area. This area constitutes 95th Streets to 117th Street
south of the highway and connecting cross streets.
Project: Pedestrian Bridges in Coral Gables, Florida
Amount Funded: $142,500
Account: HUD, EDI
Contact: Maria Jimenez, Interim City Manager, City of Coral Gables
Address: 405 Biltmore Way, Coral Gables, Florida 33144
Description: The requested federal funding will be used to build
pedestrian bridges next to the Hardee, Granada and Maynada bridges
where vehicular traffic has created safety concerns for crossing
pedestrians and cyclists. These new bridges will allow for more
efficient and safer traffic flow throughout the City. Improved
pedestrian safety along busy roadways in the City of Coral Gables will
be the benefit of this project.
Project: Barry University Community Health and Minority Medicine
Project
Amount Funded: $95,000
Account: DOE-Higher Education
Contact: Ann Paton, VP for Institutional Advancement
Address: 11300 NE 2nd Avenue, Miami Shores, Florida 33161
Description: Funding will be utilized to expand current lab
facilities at Barry University's center for community health.
Project: Jackson Health System Facilities and Equipment
Amount Funded: $190,000
Account: HHS-HRSA
Contact: Jeanette Nunez, VP
Address: 1611 NW 12th Avenue, Miami, Florida 33136
Description: Funding will be used to upgrade Jackson Health System's
information technology infrastructure. Jackson is a fully integrated
health care system with 3 major hospitals, 12 primary care centers, 16
school-based clinics, a mental health facility, 2 mobile health vans
and a major health plan. Jackson is also the primary safety net
provider in Miami-Dade County.
Project: Mercy Hospital Equipment Upgrades
Amount Funded: $95,000
Account: HHS-HRSA
Contact: Lois Blume, Grants Coordinator, Mercy Foundation
Address: 3663 South Miami Avenue, Miami, Florida 33133
Description: Mercy Hospital in Miami is seeking funding to upgrade
equipment in three key healthcare areas: advanced cardiac video imaging
technology, cardiac mapping technology, anesthesia machines, and a
sterilization machine for surgical equipment.
Project: Miami-Dade College Medical Center Nursing Program Equipment
Amount Funded: $95,000
Account: HHS-HRSA
Contact: Joe Pena, Director of Federal Relations
Address: 300 NW 2nd Avenue, Suite 1402, Miami, Florida 33132
Description: To address a growing demand for healthcare
professionals, Miami Dade College (MDC) School of Nursing requires
additional programs and advanced training equipment in order to expand
their successful nursing program.
____________________
HONORING KIRKSVILLE HIGH SCHOOL WRESTLING TEAM
______
HON. BLAINE LUETKEMEYER
of missouri
in the house of representatives
Wednesday, March 25, 2009
Mr. LUETKEMEYER. Madam Speaker, I ask my colleagues to join me in
congratulating the Kirksville High School wrestling team for winning
the Class 2 A Missouri State Championship in February.
Not only did the Kirksville High Tigers cap off an impressive season
with a state championship, but they dominated in winning their
conference and district titles.
The city of Kirksville should take pride in their high school
wrestling team, who won the school's third state sports championship.
I ask that you join me in recognizing the Kirksville High Tigers for
an outstanding season and a job well done!
____________________
CELEBRATING THE 100TH BIRTHDAY OF ROGERS STATE UNIVERSITY
______
HON. DAN BOREN
of oklahoma
in the house of representatives
Wednesday, March 25, 2009
Mr. BOREN. Madam Speaker, I rise today to honor a milestone for a
prestigious institution of higher learning in Oklahoma. Rogers State
University, with campuses located in Claremore, Bartlesville, and Pryor
is turning 100 years old this month.
Founded in 1909, Rogers State University has been a center of
excellence and learning for thousands of Oklahomans.
In 1998, the Oklahoma Legislature solidified the role of Rogers State
University as a world class regional university by granting them full
accreditation. RSU is one of only two universities in the state of
Oklahoma to offer both associate of arts and bachelors degrees in
various disciplines.
Rogers State University is one of the fastest-growing universities in
Oklahoma. Over the last eight years Rogers State University's
enrollment has jumped 70 percent. At one time RSU's enrollment
registered just over 400, but in recent years it has swelled to boast a
diverse student body of 4,000.
RSU is a national leader and pioneer in online learning. They are the
first public university in the state of Oklahoma to offer associate and
bachelor degrees completely online.
In athletics, the future looks just as promising for Rogers State. A
few years ago, the RSU Hillcats gained acceptance into the National
Association of Intercollegiate Athletics, NAIA. RSU currently fields a
multitude of athletic teams and competes in the Sooner Athletic
Conference.
During their university's Centennial this year, the Hillcats won the
Sooner Athletic Conference championship in men's basketball, and
represented their school this month as the No. 1 seed in the NAIA
Championship Tournament. In 2008, just their first year of Sooner
Athletic Conference play, the RSU women's soccer team earned a
conference championship.
RSU is the only university in Oklahoma to operate a full-power public
television station. It also operates a radio station, and boasts a 120-
acre nature conservatory located on the main campus in Claremore.
The university has also added significantly to their university
infrastructure and facilities. Recently, the school opened a $13
million Student Services Center at its main campus and a $1.3 million
expansion that will double the size of the campus at the Pryor
location.
In these times of limited educational dollars, it is important for
the United States Congress to remember the local and regional
universities that educate so many of our citizens and allow them to
benefit both the future of their family and our entire society. Rogers
State University is an enormous asset to eastern Oklahoma and I come to
the floor today to honor all they do.
Happy Birthday Rogers State University!
[[Page 8785]]
____________________
TRIBUTE TO MRS. NANCY DAWKINS
______
HON. KENDRICK B. MEEK
of florida
in the house of representatives
Wednesday, March 25, 2009
Mr. MEEK of Florida. Madam Speaker, I rise to pay tribute to Mrs.
Nancy Dawkins, who will be recognized by the Heritage Trail Advisory
Committee in collaboration with the Martin Luther King Economic
Development Corporation, Liberty City Trust and the City of Miami for
her invaluable service to the residents of Liberty City and the City of
Miami. Mrs. Dawkins' generosity and community activism in the fields of
education, counseling and leadership development serve as hallmarks to
her unwavering dedication to the South Florida community and the 17th
Congressional District.
Mrs. Dawkins, a teacher in the Miami-Dade County Public School System
for 35 years, has been at the forefront of various community endeavors.
She co-authored the program concept that became the COPE school program
for pregnant teenagers, served as a career and occupational specialist
at Booker T. Washington Middle School and was a former early childhood
education instructor of Miami-Dade College North Campus. Among her many
awards and accolades throughout the years, Mrs. Dawkins has received
the Dade Heritage Trust Plaque for Outstanding Contribution in
Promoting Commemorative Services, the Miami Police Department's
Recognition Plaque for Community Service and the Metropolitan Dade
County Appreciation Plaque from former Mayor Stephen P. Clark.
As a tireless activist devoted to the advancement of equality and
human rights, Mrs. Dawkins received The Miami Herald's Spirit of
Excellence Award. She currently serves on the board of the Children's
Home Society and has been a driving force in the largest African-
American chapter of the American Association of Retired Persons, AARP,
in the northwestern Miami community where she actively participates by
attending state and national conventions.
Throughout the years Mrs. Dawkins has served as a charter member,
organizer and past president of the National Association of Negro
Business and Professional Women's Club, South Florida chapter, which
has spearheaded the establishment of several nationally recognized
programs for children who provide countless hours of volunteer
community service. Moreover, Mrs. Dawkins sought out summer jobs for
her students in order to broaden their experiences in cultural affairs
and in her continued activism, encouraged her students at Miami-Dade
Community College to establish early childhood centers.
Madam Speaker, I ask that my distinguished colleagues join me in
recognizing Mrs. Nancy Dawkins' tremendous humanitarian efforts and
overwhelming dedication to our South Florida community. I wish her
every happiness and continued success.
____________________
HAITIAN DEPORTATIONS--A HUMANITARIAN OPPORTUNITY GONE UNNOTICED
______
HON. CHARLES B. RANGEL
of new york
in the house of representatives
Wednesday, March 25, 2009
Mr. RANGEL. Madam Speaker, I stand before you today to acknowledge
the unjust and inhumane treatment of 30,000 Haitians living in the
United States who have been threatened with deportation. These Haitian
nationals have contributed to our society for several years as hard-
working, law-abiding tax-payers and are now being asked to return to a
country that is in no position to support them.
Haiti is the poorest nation in the Western Hemisphere and it has
furthermore been ravaged by natural disasters during the last year. The
impact of hurricanes and floods has been devastating to the Haitian
economy and has resulted in an unprecedented level of suffering
requiring emergency assistance for the people of Haiti. The idea of
sending thousands of refugees into such a desperate situation is so
inhumane as to be unthinkable.
The UN estimates the lives of approximately 800,000 have been
affected by the storms of the previous year. These people have no
viable country to return to--what is the rationale behind sending an
additional 30,000 people back to a country that already has close to a
million displaced individuals? This is a Bush policy that needs to be
reconsidered--it is uncertain who would support such a policy that
threatens an already fragile environment.
The humanitarian thing to do would be to offer these Haitians
Temporary Protection Status (TPS) which is consistent with concessions
given to other countries given the same circumstances. In the past, we
have made this compromise with countries such as El Salvador,
Nicaragua, and Honduras, even as recent as 2008. This is blatantly
inconsistent with the treatment given to Haitian immigrants despite the
fact that economic and social conditions are worse, in addition to the
reality that the country has not overcome the recent floods and
hurricanes. Considering the compelling humanitarian reasons against
returning Haitians to a homeland that cannot now support them, I must
wonder what the real motives behind such a policy are.
It is unfortunate to see the treatment of these Haitians by the
United States government given the fact that Haiti has had such a rich,
long history with the United States. During the American Revolution
about 750 Haitian freemen fought alongside colonial troops against the
British in the Siege of Savannah in 1779. This level of sacrifice by a
country should not be forgotten, especially during times of need.
The defeat of the French Napoleon Army by the Haitians, albeit
indirectly, helped America expand its territories towards the West with
the Louisiana Purchase. At the time, Haiti was the producer of 40
percent of the world's sugar, was the most profitable colony the French
owned and in fact the wealthiest and most flourishing of the slave
colonies in the Caribbean. This was a tremendous loss to the French,
and as a result was forced to sell off some of their land. The outcome
for the US was significant--the land included in the purchase comprised
of around 23% of the territory of the United States today.
The historical relationship and the humanitarian concerns are
important facts to consider before deporting this group of Haitian
refugees. Also consider that the Haitian economy has become
increasingly reliant on the money sent by the Haitian Diaspora living
abroad. Haiti's remittances make up one-third of their GDP and no other
national group anywhere in the world sends money home in higher
proportions. These 30,000 Haitians should be allowed to remain in this
country and continue to send remittances to their homeland, while still
paying their tax dollars and helping our economy grow.
Madam Speaker, I hope that our government will make the right
decision and allow this country, a friend of ours, to rebound from
these tragic natural disasters. As an example to the world, we must not
let this humanitarian opportunity go unnoticed.
____________________
OWYHEE INITIATIVE
______
HON. MICHAEL K. SIMPSON
of idaho
in the house of representatives
Wednesday, March 25, 2009
Mr. SIMPSON. Madam Speaker, I rise today to congratulate Senator
Crapo for his efforts in creating Idaho's newest wilderness areas in
the Owyhee region of Southwestern Idaho. The designation of wilderness
in Idaho is long overdue, as it has been nearly thirty years since the
late Senator Frank Church created the River of No Return Wilderness.
I applaud the Senator for having the patience and perseverance to
develop the compromises he has made with numerous ranchers, county
officials, sportsman groups and conservation groups. The years of
effort he put into creating this legislation are a testament to just
how special these lands are. It is assured that Idahoans will be
enjoying these unspoiled vistas and areas for generations to come.
There are numerous individuals in Idaho to congratulate for their
hard work. I won't name them all, but Fred Grant, Chad Gibson, Brenda
Richards and Craig Gherke put a lot of effort into this process. In
addition, John Hoehne and Layne Bangerter of Senator Crapo's staff did
tremendous staff work on the ground in Idaho. If they and so many
others didn't commit themselves to the Owyhee initiative, there would
have been nothing to work with here in D.C.
Finally, I saw first hand here in Washington how this legislation
could not have been completed without the efforts of Peter Fischer on
Senator Crapo's staff, David Brooks on Senator Bingaman's staff, and
Marcia Argust with the Campaign for America's Wilderness. Their
commitment and belief in the product developed in Idaho made it
possible for this legislation to move forward.
Idaho can be proud of the work that Senator Crapo, his staff and its
stakeholders have done in creating the Owyhee legislation.
[[Page 8786]]
____________________
THE TELEWORK IMPROVEMENTS ACT OF 2009
______
HON. JOHN P. SARBANES
of maryland
in the house of representatives
Wednesday, March 25, 2009
Mr. SARBANES. Madam Speaker, I rise today to introduce the Telework
Improvements Act of 2009. Telework allows workers to perform their
duties and responsibilities from home or at another work site removed
from their regular place of employment. The Telework Improvements Act
encourages a uniform and consistent telework policy across the federal
government, while imposing strict oversight and accountability that
will ensure the success of this pragmatic yet innovative workforce
management policy.
First and foremost, this bill is about good government. According to
an estimate by the nonpartisan Partnership for Public Service, in the
next five years approximately 550,000 federal employees--almost 30
percent of the federal workforce--will leave government, largely
through retirement. Broadband and other technological advances have
made remote work arrangements widely possible and the government should
use telework as a powerful recruitment and retention tool to compete
with more highly paid private sector jobs. The flexibility that
telework provides will make a career in government more attractive to
the next generation of civil servants.
Telework will also help mitigate congestion in high-traffic areas
such as the National Capital Region--reducing carbon emissions from
vehicles and improving the quality of life for all commuters. I commute
from my home in Towson, Maryland to our nation's capital, tracing the
length of my district. Each day, I sit in suffocating traffic with
thousands of federal employees and other commuters. The gridlock
results in lost productivity, less time spent with families, and
pollution that poisons our air and alters our climate. If we offer an
innovative alternative so that some in the federal workforce can avoid
these commutes through telework, not only will we improve their quality
of life, we will relieve the overall strain on our regional
transportation infrastructure and improve the daily commute for all
area workers.
Select agencies within the federal government like the United States
Patent and Trademark Office, the Defense Information Systems Agency,
and the General Services Administration have shown strong leadership--
from agency heads down to individual managers--by putting in place an
efficient and effective telework policy. They have demonstrated
extraordinary results and are a template for other agencies to follow.
But even though telework has been available to federal employees for
over a decade, there are no uniform policies in place. Agencies are
hampered by a lack of guidance and training for federal employees who
wish to telework. Uneven application among managers and supervisors has
too often rendered telework policies ineffective. Finally, the absence
of uniform data collection and meaningful oversight make the best
practices employed by agencies with effective telework programs all but
impossible to implement elsewhere in government.
To address these flaws, the Telework Improvements Act of 2009 will:
instruct the Office of Personnel Management to develop a uniform,
government-wide telework policy for federal employees; ensure that
federal employees who wish to telework and are eligible to telework are
able to do so for at least 20 percent of the hours they work in a two-
week work period; designate a Telework Managing Officer within every
agency and department to oversee telework; provide greater access to
and opportunities for telework training and education to both employees
and supervisors, while providing employees electing to telework with
greater protection against discriminatory punitive treatment by
supervisors and managers; require the Office of Personnel Management to
compile government-wide data on telework; and require the Government
Accountability Office (GAO) to evaluate agency compliance, produce an
annual report to Congress and make that report publicly available on
the internet.
In closing, I would like to salute Congressman Frank Wolf for his
vision and tireless advocacy for telework in the federal government.
Over the last decade, he has put telework on the map as a management
option within the federal workforce and I thank him for his leadership.
I would also like to thank Congressman Gerry Connolly for joining
Congressman Wolf and myself in writing this legislation. Though
Congressman Connolly is new to this body, he is not new to telework. As
Chairman of the Fairfax County, Virginia Board of Supervisors,
Congressman Connolly instituted a far-reaching telework policy--
performing a great service to the employees of Fairfax County and
offering a model solution for the federal government.
Finally, I would like to thank Congressman Danny K. Davis for his
support. Congressman Davis and I introduced a similar piece of
legislation in the 110th Congress. As chairman of the Federal Workforce
Subcommittee of the House Committee on Oversight and Government Reform,
the Congressman shepherded this crucial legislation through the House
of Representatives, but unfortunately the measure stalled in the
Senate. We are hopeful that we will get a bill to the President's desk
during the 111th Congress.
Madam Speaker, the federal government should lead the way as a model
employer and embrace innovative personnel policies that increase
productivity while striking the right balance between family and work.
By enacting the Telework Improvements Act, we have the opportunity to
bolster the federal workforce, reduce traffic and carbon emissions, and
improve the quality of life for our dedicated civil servants all in one
fell swoop. I hope my colleagues will join me in supporting this
pragmatic, commonsense legislation.
____________________
TRIBUTE TO FORMER NASA ADMINISTRATOR DR. MICHAEL D. GRIFFIN
______
HON. KEN CALVERT
of california
in the house of representatives
Wednesday, March 25, 2009
Mr. CALVERT. Madam Speaker, I rise today to honor and pay tribute to
an individual whose dedication and contributions to the aerospace and
aeronautics communities, and to our country, have been exceptional. The
National Aeronautics and Space Administration (NASA) has been fortunate
to have a dynamic and dedicated leader who has given his time and
talent to advance U.S. interests in space, science and aeronautics. On
January 20, 2009, Administrator Michael Griffin concluded nearly four
years of service as the NASA Administrator.
Dr. Griffin was nominated by President George W. Bush and confirmed
by the United States Senate as the 11th Administrator of the National
Aeronautics and Space Administration. He began his term on April 14,
2005. As Administrator, Mike led the NASA team and managed its
resources to advance the U.S. Vision for Space Exploration which
included returning the space shuttle to flight, completing assembly of
the International Space Station and development of the Ares rocket and
Orion crew vehicle to return us to the moon and eventually to Mars.
Prior to his tenure with NASA, Griffin served as Space Department
Head at Johns Hopkins University's Applied Physics Laboratory in
Laurel, Maryland. He was previously President and Chief Operating
Officer of In-Q-Tel, Inc., and also served in several positions within
Orbital Sciences Corporation, Dulles, Virginia, including Chief
Executive Officer of Orbital's Magellan Systems division and General
Manager of the Space Systems Group. Griffin also previously served as
chief engineer and as associate administrator for exploration at NASA,
and as deputy for technology at the Strategic Defense Initiative
Organization.
Mike Griffin is a true rocket scientist and has the post-secondary
degrees to prove it. He received a bachelor's degree in physics from
Johns Hopkins University; a master's degree in aerospace science from
Catholic University of America; a Ph.D. in aerospace engineering from
the University of Maryland; a master's degree in electrical engineering
from the University of Southern California; a master's degree in
applied physics from Johns Hopkins University; a master's degree in
business administration from Loyola College; and a master's degree in
Civil Engineering from George Washington University.
Mike Griffin is a certified flight instructor with instrument and
multiengine ratings. In addition, he is a member of the National
Academy of Engineering and International Academy of Astronautics, an
Honorary Fellow of the American Astronautical Society, a Senior Member
of the Institute of Electrical and Electronic Engineers, and a previous
adjunct professor at the University of Maryland, Johns Hopkins
University, and George Washington University, where he taught courses
in spacecraft design,
[[Page 8787]]
applied mathematics, guidance and navigation, compressible flow,
computational fluid dynamics, spacecraft attitude control,
astrodynamics and introductory aerospace engineering. He is the lead
author of more than two dozen technical papers, as well as the
textbook, ``Space Vehicle Design.'' Mike is also the recipient of the
Department of Defense's Distinguished Public Service Medal, the highest
award given to a non-government employee.
Mike has demonstrated his ongoing passion for NASA and provided
tremendous leadership for the agency in the Second Space Age. I am
proud to call Mike a fellow American and friend. I know that many
people around the country are grateful for his service and join me in
saluting his many achievements. Whatever the future holds for him,
Godspeed Mike Griffin.
____________________
CONGRATULATIONS LEXINGTON HIGH SCHOOL
______
HON. JOE WILSON
of south carolina
in the house of representatives
Wednesday, March 25, 2009
Mr. WILSON of South Carolina. Madam Speaker, during this year's
Southeastern Theatre Conference (SETC) convention, which took place
March 4th to 8th in Birmingham, Alabama, South Carolina's own Lexington
High School earned runner-up honors for their production of ``Scooter
Thomas Makes It To The Top Of The World'' in the High School Theatre
Festival. Three Lexington High School students won recognition for
their roles in the production: William Vaughan won the Best Actor
Award; Luke Whitmire won the Best Supporting Actor Award; and, Danielle
Peterson won the Best Assistant Director Award.
In November 2008, Lexington High School took top honors at the South
Carolina Theatre Association's festival which earned them a spot in the
Southeastern Theatre Conference. The play, ``Scooter Thomas Makes It To
The Top Of The World,'' written by Peter Parnell, tells the story of
Dennis who travels to the funeral of his childhood friend Scooter
Thomas and reflects on their relationship and the decisions they made
growing up.
I wish to commend all the students involved in this production--
including Lachlan Medley, stage manager; Johnny Hawley, sound and light
technician; Justin Hall, master set builder; Shelly Skelly, light
technician; stage hands Elliott Carter and Bradley Cockrell--as well as
their director and drama teacher, Leslie Dellinger. Congratulations to
Lexington High School, under the professional leadership of Principal
B. Creig Tyler, for their continued dedication and support of the arts
and to the success of our students and community.
____________________
HOUSING CRISIS IN THE CENTRAL VALLEY
______
HON. DENNIS A. CARDOZA
of california
in the house of representatives
Wednesday, March 25, 2009
Mr. CARDOZA. Madam Speaker, I rise today to remind my colleagues that
the housing crisis continues to devastate communities across the
country.
By all measures my district has been among the hardest hit by the
foreclosure epidemic and the recession.
Constituents in Merced, California, near my hometown of Atwater, are
suffering from 19.9% unemployment, the highest rate of foreclosures in
the nation, and a loss of 70% of their home equity over the last three
years.
They are experiencing an economic tsunami that will leave the Central
Valley struggling for many years to come.
I am working on an effort to devise an Economic Disaster Area
designation.
So places like my district, whose communities have been
disproportionately affected by the country's recession, can receive the
additional federal funding they need to keep from falling off the map.
The future of my constituents and my district is in jeopardy.
That is why I am asking my colleagues to support me in my efforts to
create this Economic Disaster Area designation and to help my
constituents and the entire Central Valley recover from this economic
downturn.
____________________
MORRIS TOMORROW CELEBRATES 25TH ANNIVERSARY
______
HON. RODNEY P. FRELINGHUYSEN
of new jersey
in the house of representatives
Wednesday, March 25, 2009
Mr. FRELINGHUYSEN. Madam Speaker, I rise today in commemoration of
the Twenty Fifth Anniversary of Morris Tomorrow of Morris County, New
Jersey, a vibrant organization that I am proud to represent.
Morris Tomorrow's primary mission includes focusing attention on
issues of regional significance, promoting public discussion,
facilitating consensus towards viable solutions, and serving as a
catalyst for implementation. Founded as Morris 2000 in 1984, the
organization has managed to successfully bridge environment and
business interests, working to further both causes to the mutual
benefit of both.
Morris Tomorrow has established several high-profile programs that
have helped define issues facing Morris County and the surrounding
area. Among the programs is Midday Morris, a quarterly lecture series
targeted toward business, government, civic and education leaders;
Building Cross-Cultural Communities, works to address issues faced by
our immigrant communities; Morris Summit, brings together local leaders
from our business, government, education and nonprofit communities to
explore quality of life issues. Additionally, three organizations that
have proved essential to the watershed management issues that are vital
to the area are off-shoots of Morris Tomorrow--the Ten Towns Great
Swamp Watershed Management Committee, the Rockaway River Watershed
Cabinet, and the Raritan Highlands Compact.
We are privileged to have such a dynamic and dedicated non-profit
organization in Morris County.
Madam Speaker, I urge you and my colleagues to join me in
congratulating Morris tomorrow on the celebration of its 25 years
serving Morris County.
____________________
EARMARK DECLARATION
______
HON. LEE TERRY
of nebraska
in the house of representatives
Wednesday, March 25, 2009
Mr. TERRY. Madam Speaker, pursuant to the Republican Leadership
standards on earmarks, I am submitting the following information for
publication in the Congressional Record regarding earmarks received as
part of H.R. 1105, Omnibus Appropriations Act, 2009.
Name of the Requesting Member: Lee Terry.
The bill number: H.R. 1105, Omnibus Appropriations Act, 2009.
Project Name: Special Olympics Educational Programs.
Amount Requested: $6,000,000.
The legal name and address of requesting entity: 2010 Special
Olympics USA National Games 8801 F Street, Omaha, Nebraska 68127.
Description of earmark: The request I made was for the 2010 Special
Olympics USA National Games to assist in funding the Special Olympics'
Second USA National Games. This money would be spent on logistics,
security, transportation, housing and meals for athletes during the
2010 games in Nebraska. It is my understanding that this project, which
included my name as a requestor, is for Special Olympics educational
programs that can be integrated into classroom instruction and for
activities to increase the participation of individuals with
intellectual disabilities, as authorized under the Special Olympics
Sport and Empowerment Act.
____________________
TRIBUTE TO GEORGIA NATIONAL GUARD'S 48TH INFANTRY BRIGADE BRAVO COMPANY
SECOND BATTALION
______
HON. LYNN A. WESTMORELAND
of georgia
in the house of representatives
Wednesday, March 25, 2009
Mr. WESTMORELAND. Madam Speaker, I rise today to pay tribute to the
Georgia National Guard's 48th Infantry Brigade Bravo Company Second
Battalion, which will soon deploy for a yearlong mission to train and
mentor members of the Afghan National Army.
The Bravo Company Second Battalion, based out of Newnan in Georgia's
3rd Congressional District, has trained intensely at
[[Page 8788]]
Fort Gordon in Augusta, Fort Polk in Louisiana and Fort Stewart in
southeast Georgia leading up to its deployment.
These 130 U.S. soldiers will do a great job serving their nation and
assisting the Afghans in building their own proud military. They bring
with them to Afghanistan a wealth of expertise and battle-tested
experience.
Half of the soldiers deployed to Iraq in 2005-2006, a time of intense
fighting with insurgents, and the unit suffered heavy losses. As
today's unit carries on the fight, they remember and honor their fallen
comrades.
On April 13, the unit will ship off to Camp Shelby, MS, before
heading to their overseas destination. I look forward to taking part in
community events to see them off and give them the honor and gratitude
they and their families so richly deserve.
Georgians in the 3rd District are proud to have these patriots as
neighbors. The soldiers of the 48th Infantry Brigade put themselves on
the front lines to defend our nation and protect our freedom. The
families they leave behind sacrifice just as much. We pray that God
blesses their mission and watches over them until their safe return to
Georgia and their loving families.
____________________
INTRODUCTION OF LEGISLATION TO GIVE DC CITIZENS A PLACE IN STATUARY
HALL
______
HON. ELEANOR HOLMES NORTON
of the district of columbia
in the house of representatives
Wednesday, March 25, 2009
Ms. NORTON. Madam Speaker, I am pleased to introduce a bill today to
permit two statues honoring citizens of the District of Columbia in
Statuary Hall in the Capitol, just as statues honoring citizens of
States are placed in the historic hall. This legislation would allow
the city to offer two statues to the Congress on behalf of D.C.
residents. This bill is important to ensure equal treatment for the
residents of the District of Columbia with the residents of the 50
States, who already have statues representing them in Statuary Hall.
The D.C. statues would likely be of Frederick Douglass and Pierre
L'Enfant, known for their contributions to the city and to the Nation,
who were selected by the D.C. Commission on the Arts and Humanities
through a public process. The D.C. statues could help cure the
diversity embarrassment of statues in the Capitol. When the Capitol
Visitors Center (CVC) opened in December, many were surprised and
embarrassed that even in the part of the CVC Congress named
Emancipation Hall, to honor the slaves and free blacks who helped build
the Capitol, there were no statues of African Americans. It also is an
embarrassment, and an indefensible one at that, that the 600,000
American citizens who live in the nation's capital have no statues of
their own, while all 50 States have statues.
On August 10, 2006, the D.C. Commission on Arts and Humanities began
the process of creating the two statues to be placed in Statuary Hall,
when the Commission chose Frederick Douglass and Pierre L'Enfant as the
two prominent residents whose statues would represent the District of
Columbia. The Commission also hired two Washington area sculptors,
Steven Weitzman and Gordon Kay, to work on the sculptures of Frederick
Douglass and Pierre L'Enfant. Both statues were placed in the lobby of
One Judiciary Square, a District government building.
Douglass (1818-1895) was born a slave in Maryland and became a
District resident in the 1870s. He held diplomatic and District
appointments and is considered to be the Father of the Civil Rights
Movement. Douglass also displayed his talents as an orator and
journalist throughout his life here. His home in southeast Washington
is a national monument that attracts hundreds of thousands of visitors
annually.
L'Enfant (1754-1825), an architect, engineer and soldier, left France
to serve in the American Revolution. George Washington chose L'Enfant
to design the new federal city of Washington, D.C. He became a U.S.
citizen and spent the remainder of his life in D.C., implementing the
plan that made the Nation's capital the beautiful city it is today.
The District of Columbia was born with the Nation itself over 200
years ago. Throughout these two centuries, the city has created its
very own rich and uniquely American history. In the Congress, we
undermine the Nation's efforts to spread full democracy around the
world. While D.C. residents have not yet obtained the same political
equality and voting rights as the citizens of the States, they have all
the responsibilities of the citizens of the States, including paying
all Federal taxes and serving in all the Nation's wars. Today, when our
residents are serving in Iraq, the least we should do is to give this
city its rightful and equal place in the Capitol.
The statues would offer District residents the opportunity to enjoy
the same pride that all other citizens experience when they come to
their Capitol--the opportunity to view memorials that commemorate the
efforts of residents who have made significant contributions to their
jurisdiction and to American history.
The statue bill I introduce today is part of our ``Free and Equal
D.C.'' series, which includes the D.C. House Voting Rights Act, bills
for budget autonomy and legislative autonomy, an elected district
attorney position, and other bills designed to ensure that District
residents, who pay Federal taxes and fight in wars like other
Americans, are granted the same privileges as other Americans.
____________________
TRIBUTE TO ROBIN TORELLO
______
HON. FORTNEY PETE STARK
of california
in the house of representatives
Wednesday, March 25, 2009
Mr. STARK. Madam Speaker, I rise today to pay tribute to Robin
Torello, a resident of San Leandro, California. Ms. Torello has been
selected as the 2009 Woman of the Year for the 10th Senatorial
District, represented by California State Senator Ellen Corbett.
Since 1987, in conjunction with Women's History Month, California
Senators and Assembly Members invite one woman from their respective
districts to the Capitol in Sacramento to be recognized as Woman of the
Year in a formal ceremony on the floors of the Senate and Assembly. I
am proud to share with my colleagues in the House of Representatives
that Robin Torello was so chosen.
Robin Torello continues to serve as a role model for women in her
community and generations to come. She has distinguished herself
professionally in the area of employee benefits. She has vast knowledge
and experience in this area and currently serves as a Senior Associate
Consultant in the San Francisco office of Mercer. Ms. Torello
identifies client-employee benefit program needs and works with clients
for appropriate solutions. Ms.Torello utilizes her exemplary skills,
expertise and experience in such specific areas as plan design
development and implementation, renewal negotiations, financial
analysis, legislative compliance, project management, and strategic
planning.
In addition to her professional responsibilities, Ms. Torello is
active in the community and serves as an executive board member and
chair of several organizations. She has given much of her time and
effort in fostering participation in the political process, engaging
the public on important issues, developing candidate recruitment and
training programs, and increasing voter education.
Ms. Torello earned a Bachelor of Science degree in history and
political science from Central Connecticut State College in 1974 and
received a Master of Public Administration degree from California State
University, Hayward in 1986. She also holds a life agent license issued
by the California Department of Insurance.
I am pleased to recognize the achievements of Robin Torello as she
receives the California Woman of the Year award. I join California
State Senator Ellen Corbett in commending Ms. Torello on her
outstanding record of professional and civic leadership.
____________________
PERSONAL EXPLANATION
______
HON. JOHN SULLIVAN
of oklahoma
in the house of representatives
Wednesday, March 25, 2009
Mr. SULLIVAN. Madam Speaker, I rise to state for the record that I
intended to vote ``nay'' on rollcall vote 140 to H.R. 1388 taken on
March 18, 2009. The Congressional Record currently lists me as an
``aye'' vote on this measure. As a conservative, I cannot support the
federal government paying individuals to volunteer their time,
especially in a period of record federal deficits and budget
constraints facing American families.
____________________
CLAIRTON BEARS WPIAL CHAMPIONS
______
HON. MICHAEL F. DOYLE
of pennsylvania
in the house of representatives
Wednesday, March 25, 2009
Mr. DOYLE. Madam Speaker, I rise today to ask my colleagues to join
me in congratulating
[[Page 8789]]
the Clairton Bears on a stellar high school football season.
For the first time in their school's history, the Bears reached the
State championship game. This accomplishment topped an undefeated
regular season and a WPIAL title.
These great accomplishments were the result of fantastic coaching and
consistently outstanding performances by the team's staff and players.
The staff consisted of head coach Tom Nola and assistant coaches Mike
LeDonne, Demonje Rosser, Remondo Williams, Tim Borkowski, John DeMarco,
Tony St. Angelo, Tony Ferrare, and Wayne Wade.
The players consisted of 9 seniors--Malcolm Ford, Troy Webb, Andrew
Currington, CJ Hammonds, Kailon Lyons, Eyan Johnson, Lance Meade, David
Spence, and Taylor Wright as well as underclassmen Kevin Weatherspoon,
Deontae Howard, Josh Page, Brandon Small, Eddie Ball, Remondo Williams,
Desimon Green, Trenton Coles, Julian McLean, Bishop Neal, Geron
Johnson, Devante Dockery, Kevin Poindexter, Devante Gardlock, Marcus
Nash, Antwon Thompson, Brian Boyd, Carvan Thompson, Donzel Daniels,
Chanze James, Keith Craven, Devonte Doss, Marquis Norris, Shawn Thomas,
Ezekial Williams, and Wesley Sutton. The hard work, dedication, and
teamwork these young men displayed throughout the season produced a
once in a lifetime opportunity for the graduating seniors to play in
the big game before leaving their high school.
Pittsburgh once again has lived up to its name as the ``City of
Champions'' producing a great team like the Clairton Bears. I wish the
Bears and their program success in the seasons to follow and
congratulate them once again on a fantastic season.
____________________
TRIBUTE TO THE BELL COUNTY HIGH SCHOOL FOOTBALL TEAM 2008-2009
______
HON. HAROLD ROGERS
of kentucky
in the house of representatives
Wednesday, March 25, 2009
Mr. ROGERS of Kentucky. Madam Speaker, I rise today to pay tribute to
the 2008-2009 Bell County High School Football Team, who captured the
Kentucky High School Athletic Association Class 4-A State Championship
Title. The tremendous athletes should be proud of their talent and
ability, and know that I am honored to recognize their athletic
achievement.
Bell County has a long history of great football teams. The Bobcats
have defeated formidable opponents in years pasts and gone on to win
multiple championships, along with district and regional titles. This
year's State Championship should come as no surprise given the drive
and dedication in each of the team's players.
The Bell County Bobcats defeated a tough team from Bullitt East,
winning 15-13 in the State final. More than six thousand fans filled
the Cardinal Stadium to witness these focused young men put their
athletic ability and knowledge of the game to the highest test. The
Bobcats dominated the second half of the football game, scoring 15
unanswered points and stopping a two-point conversion attempt by the
young men of Bullitt East with a mere ten seconds left.
This Championship Title reflects the wisdom of their coach, Dudley
Hilton. Coach Hilton led the Bobcats to their first undefeated season
with 15 straight wins and the team's second State Title. The team's
unwavering determination was demonstrated in the last three games of
this season's playoffs when each time they came back from behind to
claim victory. These experiences and life lessons learned on the field
will be carried on after the game and continue to shape these athletes
into young men of promise and outstanding character.
It is my hope that this Championship will inspire not only young men
on this team, but younger generations, to have the same determination
when they face obstacles later in life. Commitment, courage and
character was demonstrated by each and every one of these teammates and
these qualities will bring continued success both on and off the field.
Madam Speaker, I ask my colleagues to join me in honoring coach
Dudley Hilton and the Bell County High School 2008-2009 Football Team
as the KHSAA Class 4A State Champions. Bell County's continued success
has helped to shape the lives of so many students and members of the
community, and I congratulate them and wish them all the best in the
years to come.
____________________
INTRODUCING THE FAMILY LEAVE INSURANCE ACT OF 2009
______
HON. FORTNEY PETE STARK
of california
in the house of representatives
Wednesday, March 25, 2009
Mr. STARK. Madam Speaker, I rise today with Representatives George
Miller, Lynn Woolsey, and Carolyn Maloney to introduce the Family Leave
Insurance Act of 2009. This legislation will support our nation's
working families by providing 12 weeks of paid leave for all workers to
care for a sick family member, bond with a new child, deal with the
military deployment of a family member, or recover from their own
serious illness.
Sixteen years ago, Congress passed the landmark Family and Medical
Leave Act (FMLA) to provide job-protected leave for new parents and
individuals caring for ill family members. Since then, more than 100
million families have benefited from this law. While the FMLA has
proved vitally important for many families, it remains incomplete
because it requires only unpaid leave and applies only to companies
with 50 or more employees--less than half the workforce.
Millions of men and women are not protected by the FMLA or simply
cannot afford to take unpaid leave--especially in these tough economic
times. A recent study found that about 75 percent of FMLA-eligible
workers did not take leave because they could not afford it--and
according to the Department of Labor, only 8 percent of private
employers provide paid leave. This is taking a toll on families--a
report in 1999 by the President's Council of Economic Advisers found
that since 1969, children have lost 22 hours per week with their
parents.
The United States is nearly alone in the world in not providing some
type of paid family leave. Only three other countries--Liberia, Papua
New Guinea, and Swaziland--fail to provide security for new parents or
those caring for a loved one. The Family Leave Insurance Act would
bring the United States up to date with the rest of the world and allow
millions of workers to take care of their families while still being
able to make ends meet.
Paid leave provides real benefits for children and families. A
Harvard School of Public Health study found that the education and
health of children improves substantially when parents have work
flexibility and paid leave. When parents are able to act as caregivers
for a sick child, hospital stays are reduced by 31 percent. Parental
involvement is also associated with higher achievement in language and
math, improved behavior, and lower dropout rates.
Paid leave is also a boon to businesses and workers. For workers,
paid leave means employment and financial security and improved job
satisfaction. For businesses, paid leave means less turnover and
increased productivity. Research indicates that 98 percent of employees
return to work for the same employer after taking family and medical
leave.
My home state of California has led the country in providing access
to paid leave (albeit only six weeks) and flexible use of sick days.
This law has helped California's families and businesses. According to
a Harvard study, California had a lower rate of foreclosures than other
states due to income loss arising from a personal illness or the need
to care for a sick household member. Despite initial protest by
California's business community against the paid leave law, most
employers now agree that this investment in their workers is also a
wise investment for their business. The Family Leave Insurance Act
builds on California's successful experience to enact a federal paid
leave law.
More specifically, the bill:
Provides all workers with 12 weeks of paid leave over a 12-month
period to care for a new child, provide for an ill family member
(including a domestic partner or the child of a domestic partner),
treat their own illness, or deal with an exigency caused by the
deployment of a member of the military;
Creates a new trust fund to run the program. It is financed equally
by employers and employees, who will each contribute 0.2% of employee
wages;
Progressively tiers the benefits so that low wage workers (earning
less than $30,000) will receive full or near full salary replacement,
middle income workers ($30,000-$60,000) receive 55% wage replacement,
and higher earners (over $60,000) receive 40-45%, with the benefit
capped at approximately $800 per week;
Administers the program through the Department of Labor, which will
contract with states to administer the program (similar to how the
Unemployment Insurance program is run).
The FMLA has helped individuals meet their employment and family
obligations without
[[Page 8790]]
jeopardizing their job. Now--more than ever--workers' financial
obligations must be provided the same security. I urge my colleagues to
cosponsor the Family Leave Insurance Act. All workers deserve the
chance to care for their families and still be able to pay the bills.
____________________
PAYING TRIBUTE TO FLORENCE M. RICE ON HER 90TH BIRTHDAY
______
HON. CHARLES B. RANGEL
of new york
in the house of representatives
Wednesday, March 25, 2009
Mr. RANGEL. Madam Speaker, it is with great honor and enthusiasm that
I rise to congratulate my good friend Florence Rice as she joins her
family, long time friends, and the Harlem community together in
celebration of her 90th Birthday. This momentous and joyous occasion is
being celebrated with an extraordinary affair today at Noon in the
Church of the Intercession in my beloved village of Harlem.
Florence M. Rice was born on March 22, 1919 in Buffalo, New York. She
is the founder of the Harlem Consumer Education Council. During her
childhood, Rice spent several years in the Colored Orphan Asylum and in
several foster homes in New York. Upon completion of the eighth grade,
Rice left school for work as a domestic seamstress where she became a
member of the International Ladies Garment Workers Union. Rice spoke
out against the discriminatory practices against African American and
Latino workers. She participated in Harlem Congressman Adam Clayton
Powell, Jr.'s 1962 congressional hearing, which probed dressmaker
union's policies and after testifying, she was blacklisted.
In the 1960s, Rice founded the Harlem Consumer Education Council,
waging a war against corporations who discriminated against African
Americans and other minorities. The Council organized many successful
New York City boycotts and picket lines against grocery stores,
furniture stores, and individuals found to be overcharging minorities.
Rice's biggest victory was against the New York State Public Service
Commission, forcing New York Telephone to stop charging low income
residents pre-installation fees. The Harlem Consumer Education Council
investigated over 100,000 complaints.
Appointed Special Consultant to the Consumer Advisory Council of the
Federal Reserve Board in the 1970s, Rice also taught consumer education
at Malcolm-King College and has lectured to thousands at her workshops
and seminars. In the 1990s, Rice was responsible for the Bell Atlantic
Technology Center in Harlem. The center is dedicated to educating
business people, students, senior citizens and other customers about
the latest advances in telecommunication technologies. She has lectured
in several countries, including South Africa where she was named a
delegate in the first World Consumer Congress.
Florence continues to work as the first lady of consumer education in
my beloved Village of Harlem. She is famed for her extraordinary
commitment, energy, wisdom, discipline, principle, and clear purpose
which have won the admiration of all who are privileged to come to know
and work with her. I consider myself fortunate to have the opportunity
to observe and experience her example as a personal inspiration.
Madam Speaker, I ask that you and my distinguished colleagues join me
in honoring and congratulating Florence Rice on her historic 90th
Birthday. Her constant dedication and commitment to our community is
worthy of the highest esteem.
____________________
HONORING ST. FRANCIS BORGIA BOYS BASKETBALL TEAM
______
HON. BLAINE LUETKEMEYER
of missouri
in the house of representatives
Wednesday, March 25, 2009
Mr. LUETKEMEYER. Madam Speaker, I ask my colleagues to join me in
congratulating the St. Francis Borgia Boys Basketball team for winning
the Class 4 A Missouri State Championship on March 14th.
The Knights were hungry for a win and that hunger showed.
Armed with a tenacious defense that forced 17 turnovers and fueled by
their high-powered offense, the Knights walked away with a convincing
59-41 victory over the Kearney Bulldogs.
The young men and their coaches should be commended for all their
hard work throughout the regular season and the playoffs.
And it just goes to show that a strong defense is the foundation for
a winning offense.
I ask that you join me in recognizing the St. Francis Borgia Knights
for a job well done!
____________________
IN TRIBUTE TO THE HONORABLE GEORGE NAPOLITANO
______
HON. CAROLYN B. MALONEY
of new york
in the house of representatives
Wednesday, March 25, 2009
Mrs. MALONEY. Madam Speaker, I rise to pay tribute to George
Napolitano, who passed away last week after a courageous battle with
cancer. George was a great friend, a dedicated community leader and a
devoted family man. He was one of the best men I have ever known.
People loved George. He was kind, good-hearted, compassionate and hard-
working. He will be sorely missed. To know George, was to love him. He
was one of the world's really good people.
George made a lifelong commitment to community service. No matter how
many other obligations he had, he could always be counted on to pitch
in and take an active role. He was a member of the Tri-State Italian
American Congress, a charter member of the Sons of Italy in Manhattan
which he proudly served as President and a charter member of the
Knights of Columbus where he was instrumental in coordinating the Youth
Program. He was very active in the Powhatan Democratic Club, most
recently serving as District Leader for the club. While his daughter
attended high school, he was Chairman of the Parents' Association of
St. Vincent Ferrer High School. For his work as a Lector and Eucharist
Minister and his commitment to the Holy Name Society he was honored by
the Brooklyn Diocesan Union.
He was particularly active in the Holy Name Society of the Immaculate
Conception Parish. During his tenure as President, the organization
experienced unprecedented growth. He also co-chaired numerous Holy Name
Society dinner dances which raised funds for grants for graduating
students. His hard work and selfless dedication made a real difference
in the lives of many young people and community members. For his many
contributions, in 2002 he was named Man of the Year and presented with
an award at their annual dinner dance.
George was eventually offered an opportunity to make his community
activism a career. For ten years, George worked as a legislative aide
to former Assemblyman Denis J. Butler. Most recently, he joined my
staff and, at the time of his death, he was managing my Queens office.
He was a truly dedicated community leader who really understood what
was going on in the neighborhood he served. My constituents knew that
George would always offer them good advice and assistance. After he
became ill, George remained deeply involved in community affairs. He
attended every community meeting he could and remained active right up
to the end.
George was born and raised in the Little Italy section of New York
City. He attended St. Patrick's Old Cathedral School and All Hallows
High School before matriculating at St. John's University where he
completed his BA. Following his study at St. John's, Mr. Napolitano
began working in the financial sector. In 1960, he left business to
serve his country in the military. Stationed in Ft. Rucker, Alabama he
was placed in charge of the Officers Payroll Department. Typically, he
used his time to become involved in the community life on the base. He
coached the base's Little League team to a State Championship. George
was granted an honorable discharge as Sergeant and completed an
additional four years reserve training. After his service, Mr.
Napolitano returned to his career in the private sector working again
in the financial district before beginning a career in real estate and
insurance. Along with his many other commitments, Mr. Napolitano also
operates his own real estate and insurance business in Queens, New
York. George leaves behind his beloved wife, Carol, his four children,
Deana, Denise, Catherine, and Robert, and several grandchildren.
Madam Speaker, I ask my distinguished colleagues to join me in
recognizing the life and career of a truly good man, George Napolitano.
____________________
HONORING GARNER ``MACK'' GOODE FOR HIS LONG SERVICE TO OUR COMMUNITY
______
HON. JOHN S. TANNER
of tennessee
in the house of representatives
Wednesday, March 25, 2009
Mr. TANNER. Madam Speaker, I rise today to honor my friend Garner
``Mack'' Goode, a
[[Page 8791]]
long-time leader in West Tennessee, who is retiring this month after
more than four decades on the Crockett County Election Commission and
who continues to serve our area in many other capacities.
Governor Buford Ellington and the State Board of Election Supervisors
first appointed Mack as a Democratic member the Commission of Elections
for Crockett County in 1967. He has remained on the board for 41 years.
Mack is also Chairman of the Gibson Electric Membership Cooperative
Board of Trustees, which is important to rural communities all across
West Tennessee. Mack's family has been involved in West Tennessee
farming for decades, and Mack continues to manage 900 acres of crops.
He also spent 42 years at the Bank of Alamo, including in the position
of President and CEO. Mack served for 15 years on the Crockett County
Board of Education and nine years on the Alamo City School Board. He
has also served as Alamo City Alderman, a member of the Alamo/Crockett
County Rotary Club and a member of the Alamo Jaycees.
Mack has done a considerable amount of volunteer work in our area
over the years, including 32 years with the Crockett County Rescue
Squad and 26 years with the Alamo Fire Department. He has served on the
Crockett County Emergency Management Board, as a Partner in Education
for Alamo City School, as a supporter of various charitable
organizations and as co-founder of the Mack and Mary June Goode
``Special Needs Fund for Alamo City School'' Foundation.
In between his community service and farming, Mack enjoys spending
time with his wife Mary June Goode and their family. Their children are
Bobby and Melinda Goode, and Reecha Black. Their grandchildren are
Brandi and Rick Wilson, Garner and Rachel Goode, Jenna Black, Crockett
Goode and Jessie Black. They have three great grandchildren, Lee
Wilson, Mary Wilson and Luke Wilson. Mack is also an avid hunter,
fisherman and golfer.
We know that as Mack will continue to be active in our community. His
leadership and counsel will remain important to us as we work together
to help increase industrial development in Crockett County and across
rural West Tennessee.
Madam Speaker, I hope you and our colleagues will join me as we thank
Mack Goode for his long community service, congratulate him on his 41
years on the Crockett County Elections Commission and wish him and his
family all the best.
____________________
IN HONOR OF THE LIFE OF FOUNTAIN HILLS COUNCILMEMBER KEITH McMAHAN
______
HON. HARRY E. MITCHELL
of arizona
in the house of representatives
Wednesday, March 25, 2009
Mr. MITCHELL. Madam Speaker, I rise today to honor the life of
Councilmember Keith McMahan of Fountain Hills and to recognize the many
significant contributions he made to our community.
On March 17 Keith passed away of natural causes at the age of 70.
During the time he lived in Fountain Hills, Keith was a strong force
behind the growth and prosperity of the town. Keith served as the
advertising and tourism chairman while also serving on their Board of
Directors for the Fountain Hills Chamber of Commerce for many years. In
addition to serving as a member of the Town Council, Keith was a local
small business owner and formed his own advertising agency in 1991 to
cater to area clients. Keith was even named ``Business Person of the
Year'' by the Chamber of Commerce in 1997.
Keith is well-known for his leadership abilities not only within the
Town Council, but in the Fountain Hills community as well. Most
notably, he was an active member of the Fountain Hills Civic
Association, Fountain Hills Historical Society Board of Directors, and
the Fountain Hills School Board. In addition, Keith participated
extensively in the Fountain Festival held by the Chamber of Commerce,
helping out on 30 different occasions.
Madam Speaker, please join me in commemorating the life of Keith
McMahan's life and remembering the strong and positive impact he left
on his community and the many people who knew and loved him.
____________________
EARMARK DECLARATION
______
HON. ROSCOE G. BARTLETT
of maryland
in the house of representatives
Wednesday, March 25, 2009
Mr. BARTLETT. Madam Speaker, pursuant to the Republican Leadership
standards on earmarks, I am submitting the following information
regarding earmarks I received as part of H.R. 1105, Omnibus
Appropriations Act, 2009.
Bill Number: H.R. 1105
Account: Salaries and Expenses
Legal Name of Requesting Entity: Harry R. Hughes Center for Agro
Ecology
Address of Requesting Entity: PO Box 169 124 Wry Narrows Dr,
Queenstown, MD 21658
Description of Request: This program was $499,000 funding to be used
for research that specifically addresses the recommendations contained
in the Maryland Statewide Plan for Agricultural Policy and Resource
Plan Ensuring a Sustainable Forest Future.
Bill Number: H.R. 1105
Account: Conservation Operations
Legal Name of Requesting Entity: Natural Resources Conservation
Services
Address of Requesting Entity: 14th and Independence Ave SW,
Washington, DC 20250
Description of Request: Chesapeake Bay Activities. This program was
funded $3,998,000. Since 2003 the AG. Appropriations bill has included
an earmark for the Chesapeake Bay in Maryland. Although this earmark
has previously not been in addition to state funds, the Task Force
encourages the committee to make this request additive.
Bill Number: H.R. 1105
Account: National Institute of Standards and Technology
Legal Name of Requesting Entity: UMBC Nano Center
Address of Requesting Entity: College Park, MD
Description of Request: Nanotechnology Research and Development.
Funded $2,000,000 Develop ultrafast dynamics technologies with
fundamentally expand the scope of nanotechnology. The funding would be
used for research and technology.
Bill Number: H.R. 1105
Account: NOAA National Marine Fisheries Service Operations, Research
and Facilities
Legal Name of Requesting Entity: Blue Crab Advanced Research
Consortium at UMBI
Address of Requesting Entity: 701 East Pratt St, Baltimore, MD 21202
Description of Request: Blue Crab Research Funding $50,000. Funds
research and aquaculture for restoring the blue crabs. The Blue Crab
Advanced Research Consortium was created to address the sharp decline
in Blue Crab harvests in the Chesapeake Bay.
Bill Number: H.R. 1105
Account: NOAA National Marine Fisheries Service Operations, Research
and Facilities
Legal Name of Requesting Entity: NOAA Chesapeake Bay Office
Address of Requesting Entity: 410 Severn Ave, Annapolis, MD 21403
Description of Request: Oyster Habitat Funding $4,600,000. This
project would fund native oyster restoration in both Maryland and
Virginia portions of the Chesapeake Bay.
Bill Number: H.R. 1105
Account: NOAA National Weather Service Operations, Research and
Facilities
Legal Name of Requesting Entity: University of Maryland
Address of Requesting Entity: College Park Maryland 20742
Description of Request: Climate Impacts Funding $1,000,000 to advance
and integrate all essential elements in climate change science,
economics and policy, and bring the resulting models and tools to bear
on issues of climate impacts and adaptation in the Mid Atlantic Region.
Bill Number: H.R. 1105
Account: NOAA National Marine Fisheries Service Operations, Research
and Facilities
Legal Name of Requesting Entity:
Address of Requesting Entity:
Description of Request: Virginia Trawling Survey funding $150,000.
Virginia Trawling Survey, this survey completed at Institute of Marine
Science, provides the longest time series of fisheries monitoring data
in the Chesapeake Bay.
Bill Number: H.R. 1105
Account: COPS Law Enforcement Technology
Legal Name of Requesting Entity: Frederick County Sheriffs Department
Address of Requesting Entity: 110 Airport Drive East, Frederick, MD
21701
Description of Request: Funding $500,000 Frederick County Sheriffs
Office Automated Fingerprint Identification. Funding would be used for
purchasing 10 handheld biometric identification units with mugshot
capability and providing for an automated fingerprint, facial
recognition and biometric identifiers.
Bill Number: H.R. 1105
Account: COPS Law Enforcement Technology
[[Page 8792]]
Legal Name of Requesting Entity: Harford County Executive
Address of Requesting Entity: 220 S. Main St, Bel Air, MD
Description of Request: Public Safety Network Technology Upgrades
Funded $365,000. Purchase and implement equipment designed to expand
and enhance the capabilities of the Harford County Public Safety
Network. The total cost is $1,454,242 and Harford County has committed
$1,091,017 to support this project. By enhancing interoperability
communications capabilities, Harford County can improve its ability to
protect its resident's as well as public safety personnel.
Bill Number: H.R. 1105
Account: STAG Water and Wastewater Infrastructure Project
Legal Name of Requesting Entity: City of Hagerstown, Office of City
Administrator
Address of Requesting Entity: 1 East Franklin St., Hagerstown, MD
21740
Description of Request: Funding $300,000. City of Hagerstown drinking
water system. The funding would replace the two transmission mains that
provide service directly to Zone 1 and currently to the West End
Reservoir.
Bill Number: H.R. 1105
Account: MRT-Construction
Legal Name of Requesting Entity: MD Dept of Natural Resources
Address of Requesting Entity: 580 Taylor Ave Annapolis MD 21401
Description of Request: Funded $2,000,000 Continue efforts by the
Army Corps of Engineers to design and build oyster reefs in the
Chesapeake Bay. Activities include construction of oyster bars and
reeds, rehabilitation of existing marginal habitat and construction of
oyster hatcheries.
Bill Number: H.R. 1105
Account: EERE-Other
Legal Name of Requesting Entity: Frostburg State University
Address of Requesting Entity: Department of Physics and Engineering,
Frostburg, MD
Description of Request: Funding $856,350 Construction of the
Sustainable Energy Research Facility (SERF) Phase 2 will provide
additional funding to finish the construction and allow purchase of
research equipment and appointment of staff to study the effectiveness
of sustainable energy in the Appalachia. SERF is a residential type
green building.
Bill Number: H.R. 1105
Account: Salaries and Expenses
Legal Name of Requesting Entity: City of Hagerstown
Address of Requesting Entity: Hagerstown, MD
Description of Request: Funded $100,000. The program will offer
assistance needed to develop minorities and women into successful
business owners. The city developed the program to create opportunities
and increase their number, magnitude and success rate. Hagerstown plans
an aggressive outreach and support program designed to increase the
number of minority and women owned businesses in the City.
Bill Number: H.R. 1105
Account: Transportation, Planning, Research and Development
Legal Name of Requesting Entity: Assistant Secretary of
Transportation
Address of Requesting Entity: PO Box 548 7201 Corporate Center Dr.,
Hanover, MD 21076
Description of Request: Funding $712,500. To continue work on the
upgrading of 5.3 miles of I-70 Improvement, this project will address
safety concerns and relieve congestion on a heavily traveled roadway.
Bill Number: H.R. 1105
Account: Transportation Planning, Research and Development
Legal Name of Requesting Entity: Assistant Secretary of
Transportation
Address of Requesting Entity: PO Box 548 7201 Corporate Center Dr.
Hanover, MD 21076
Description of Request: Funding $95,000 Upgrade I-81 Improvements
between the West Virginia and Pennsylvania state lines to improve
safety and reduce congestion. This project will address safety concerns
and relieve congestion on a heavily traveled roadway.
Bill Number: H.R. 1105
Account: Transportation Planning, Research and Development
Legal Name of Requesting Entity: Director of Economics Development
City of Frederick
Address of Requesting Entity: 101 North Court Street, Frederick MD
21701
Description of Request: Funding $285,000 US 15 and Catoctin Mountain
Highway Construction of a full grade separated urban diamond
interchange at the intersection of US 15 and Catoctin Mountain Highway
with Christophers Crossing/Monocacy Boulevard. This is on e of the
primary access points to Fort Detrick.
Bill Number: H.R. 1105
Account: Transportation Planning, Research and Development
Legal Name of Requesting Entity: City of Hagerstown, City Engineer
Address of Requesting Entity: 1 E. Franklin St. Hagerstown, MD 21740
Description of Request: Funding $380,000 Eastern Boulevard Widening
and grade separation from MD RT64 to Antietam Blvd. This will result in
better traffic flow and will eliminate congestion at the current
Eastern Blvd/North Ave/Potomac Street intersection
Bill Number: H.R. 1105
Account: Transportation Planning, Research and Development
Legal Name of Requesting Entity: Board of County Commissioners of
Washington Co., MD
Address of Requesting Entity: 100 W. Washington St. Hagerstown, MD
21740
Description of Request: Funding $95,000 Hagerstown Area Northeast By-
Pass Project is to conduct a planned level analysis for he construction
of the Hagerstown MD vicinity. This highway would connect to I-70 on
the east and I-81 toward the north.
Bill Number: H.R. 1105
Account: Health Resources and Services Administration (HRSA)--Health
Facilities and Services
Legal Name of Requesting Entity: Frederick Community College and
Carroll Community College
Address of Requesting Entity: 7932 Opossumtown Pike, Frederick, MD
21702
Description of Request: Funding $143,000 used for construction of
laboratories and classrooms, staff salaries and leasing costs. Howard,
Frederick and Carroll Community Colleges are partnering with health
providers to offer education in specific health care fields in Mt.
Airy, Maryland. The facility would be know as the Mid-Maryland
Community College Allied Healthcare Education Center.
Bill Number: H.R. 1105
Account: Health Resources and Services Administration (HRSA)--Health
Facilities and Services
Legal Name of Requesting Entity: Washington County Hospital
Address of Requesting Entity: 251 East Antietam Street, Hagerstown,
MD 21740
Description of Request: Funding $285,000 Purchase new Angioplasty
room, upgrading technology would help address the growing need for
Angioplasty procedures in the Maryland, Pennsylvania, and West Virginia
Region.
____________________
CONGRATULATING MARIE MAIER OF HOPE TOWNSHIP, NEW JERSEY
______
HON. LEONARD LANCE
of new jersey
in the house of representatives
Wednesday, March 25, 2009
Mr. LANCE. Madam Speaker, I rise today to congratulate Marie A. Maier
of Hope Township, New Jersey as she reaches an amazing milestone in
life and celebrates her 100th birthday on Thursday, March 26, 2009 with
her family, friends and local community and governmental leaders.
I have personally known Marie Maier for many years and she has always
been a wonderful inspiration to everyone around her. This is
exceptionally so for members of her family, her friends and her
neighbors.
Marie A. Kroener was born on March 26, 1909 in New York City to Henry
and Evan Kroener. On November 29, 1933, she was married to Hermann R.
Maier and she enjoyed an outstanding business career as a legal
assistant for what is now modern day Texaco. She also served as an
accountant for her husband's business, Educational Placements, and
worked in her father's restaurant and micro-brewery on Staten Island.
Marie and her husband founded Educational Products Company, which
manufactured the first plastic cookie cutters in the United States and
they further distinguished themselves as the owners-operators of the
renowned Land of Make Believe, which is the oldest and largest water
and amusement park in New Jersey.
Additionally, Marie has given generously of her time, talents and
resources to a wide range of civic and community organizations,
including as one of the founding members of the Sussex and North Warren
Girls Scouts Council and President of North Warren Girl Scouts Council,
as Past President of the Hope Historical Society and as an active and
tireless member of the Blair Women's Club.
Marie takes pride in her children and she takes especial delight in
her two grandchildren and four great-grandchildren. As she observes the
important milestone of her 100th birthday, her family, friends and
community leaders are especially appreciative of her valuable and
irreplaceable presence in their lives.
[[Page 8793]]
Marie Maier continues to make amazing contributions to her family and
to her community.
It is my pleasure to congratulate her on her 100th birthday and to
share her wonder life story with my colleagues in the United States
Congress and with the American people.
____________________
CELEBRATING THE LIFE OF EARL LLOYD
______
HON. LINCOLN DAVIS
of tennessee
in the house of representatives
Wednesday, March 25, 2009
Mr. DAVIS of Tennessee. Madam Speaker, I rise today to celebrate and
acknowledge the achievements of a trailblazer in the National
Basketball Association. Earl Lloyd retired to Cumberland County,
Tennessee, in my Congressional District after a distinguished career as
a basketball player and coach and with a historic superlative: the
first African American to play in the NBA.
After a promising start at West Virginia, Mr. Lloyd was drafted to
play with the Washington Capitols in the NBA. Soon thereafter, he
signed with the Syracuse Nationals. In 1955, after three years with the
Nationals, Mr. Lloyd set another milestone by helping to lead his team
to an NBA Championship, making him one of the first two African
Americans to win a Championship. Players and sportscasters nicknamed
Mr. Lloyd ``The Big Cat'' for his height and speed, and he finished his
playing career with an average of 8.4 points and 6.4 rebounds per game.
With an enviable career in the NBA behind him, Mr. Lloyd continued on
in the NBA as an assistant coach with the Detroit Pistons. Years later,
after marrying and raising two children, Mr. Lloyd marked another first
for African Americans when he was promoted as a non-playing coach with
the Detroit Pistons.
Chicago sportscaster Johnny Kerr once remarked in Sports Illustrated
that if people know who Jackie Robinson is, why don't they know about
Earl Lloyd? Mr. Lloyd might say that his achievement went unnoticed
because basketball, as a sport, had yet to really capture the attention
of a wide American audience. People who know Mr. Lloyd well, however,
will speak to his humility in the face of all he has accomplished.
I ask that my colleagues rise with me today to recognize the life's
work of a trailblazer who did so much for his sport and for African
Americans across the country.
____________________
EARMARK DECLARATION
______
HON. RODNEY ALEXANDER
of louisiana
in the house of representatives
Wednesday, March 25, 2009
Mr. ALEXANDER. Madam Speaker, pursuant to the Republican Leadership
standards on earmarks, I am submitting the following information
regarding earmarks I received as part of H.R. 1105, Omnibus
Appropriations Act, 2009.
Requesting Member: Congressman Rodney Alexander
Bill Number: H.R. 1105
Account: Interior, Environmental Protection Agency
Legal Name of Requesting Entity: City of Baton Rouge
Address of Requesting Entity: 222 St. Louis Street, Baton Rouge, LA
70821
Description of Request: City of East Baton Rouge for Sewer System
Improvements. East Baton Rouge Parish, under a consent decree with the
EPA for sewer system overflows, is replacing and repairing much of its
outdated and deteriorating decades-old sewer system. As part of this
effort, the Parish is rehabilitating, upgrading, and/or replacing many
of the major sanitary sewer trunk lines and pump stations transporting
flow to the South Wastewater Treatment Plant (SWWTP). The SWWTP
services an area of approximately 44,000 acres with a population of
approximately 210,000 people, and has a plant design capacity of
120MGD. The Service area comprises much of the southern portion of the
Parish, including portions of Downtown Baton Rouge, the Baton Rouge
Community College, and Louisiana State University. This area is
experiencing significant population growth due to the effects of
Hurricanes Katrina and Rita, as well as ongoing regional development.
The City/Parish has already expended approximately $500,000,000 in
improvements to all three of its sanitary sewer collection and
treatment facilities, and is scheduled to expend another $1,200,000,000
to address the system's sanitary sewer overflow (SSO) issues under the
consent decree. Improvements in the SWWTP service area are necessary to
meet sewer disposal needs and to protect the public health.
Requesting Member: Congressman Rodney Alexander
Bill Number: H.R. 1105
Account: Interior, Environmental Protection Agency
Legal Name of Requesting Entity: City of West Monroe
Address of Requesting Entity: 2305 North 7th Street, West Monroe, LA
71291
Description of Request: City of Monroe, Monroe Wastewater Treatment
System. Treatment of Wastewater to Drinking Water Quality for Sparta
Aquifer Preservation & Industry Re-use saves the overdraw of the Sparta
Aquifer by recycling existing Wastewater and plans for additional flow.
This project cuts the deficit of Sparta by about half. It will benefit
14 parishes in NE Louisiana that use the Sparta and will limit most of
the Municipal Discharge into the Ouachita River.
Requesting Member: Congressman Rodney Alexander
Bill Number: H.R. 1105
Account: AG, Agricultural Research Service
Legal Name of Requesting Entity: Louisiana State University
Address of Requesting Entity: P.O. Box 25203 Baton Rouge, LA 70894
Description of Request: Delta Nutrition Initiative, Little Rock, AR.
Louisiana ranks 4th in adult obesity and the obesity rate for children
have tripled over the past 3 decades. Due to this, childhood obesity
prevention in Louisiana has become the LSU AgCenter's Family and
Consumer Sciences Extension and Outreach Division's focus. We are
requesting $705,000 dollars to implement the USDA Fruit and Vegetable
Snack Program (FVSP) in selected schools. This program will expand
nutrition education outreach and applied research already being
implemented by an established grassroots network of Extension educators
in every parish. Underway is a tri-state initiative, Delta HOPE, to
address childhood obesity in the poverty-stricken Delta region of
Louisiana, Mississippi, and Arkansas. The AgCenter also has a public-
private partnership with Blue Cross Blue Shield of Louisiana to conduct
and evaluate an interactive educational program called Smart Bodies to
teach children how to build strong bodies and develop active minds.
Federal dollars will be used to leverage state and private dollars to
implement and evaluate the USDA FVSP. Grants will be given to selected
public schools participating in Smart Bodies to purchase fruits and
vegetables for students to consume throughout the school day. This
program will not only improve children's health behaviors, but increase
consumption of agricultural commodities
Requesting Member: Congressman Rodney Alexander
Bill Number: H.R. 1105
Account: AG, Agricultural Research Service
Legal Name of Requesting Entity: Louisiana State University
Address of Requesting Entity: P.O. Box 25203 Baton Rouge, LA 70894
Description of Request: Formosan Subterranean Termites Research, New
Orleans, LA. The Formosan subterranean termite has infested 32 of the
64 parishes in Louisiana, with the most severe infestations in the New
Orleans and Lake Charles areas. This insect has caused millions of
dollars worth of damage with an astonishing $300 million impact in New
Orleans alone. Clearly, it is the most costly pest in the state and the
management of this termite is essential to Louisiana's economic well-
being. For the last seven years, the LSU AgCenter has participated in
the USDA/ARS project, Operation Fullstop. The AgCenter is the lead
agency in management programs for this termite in the French Quarter
and 16 public schools in Orleans and Jefferson parishes. From the
$31,800,000 appropriation to ARS, the AgCenter has received
approximately $8.5 million since the initial appropriation in FY 1998.
Sixty-four percent (64%) or ($6,874,724) of these funds has been pass-
through money to the pest control operators and thirty-six percent
(36%) or ($2,770,606) has been used to conduct research and extension
educational programs. During the past year, the AgCenter received
$1,340,006. Of that amount, $282,163, or approximately twenty-one and
one-half percent (21.5%), was for research and extension activities.
The remaining $1,057,843, or seventy-eight and one half percent
(78.5%), was for the PCO operators. We are requesting an increase to
$500,000 to expand our research and extension programs. Research would
focus on improved termite detection systems, evaluation of wood
treatment products for protecting building materials, and enhancement
of bait technology among others. Extension would continue to provide
the critical tasks of
[[Page 8794]]
educating the citizenry on all aspects of integrated pest management
(IPM) of structural pests.
Requesting Member: Congressman Rodney Alexander
Bill Number: H.R. 1105
Account: AG, Animal and Plant Health Inspection Service
Legal Name of Requesting Entity: Louisiana State University
Address of Requesting Entity: P.O. Box 25203 Baton Rouge, LA 70894
Description of Request: Blackbird Management, Louisiana. Blackbird
depredation of rice is a serious economic problem facing rice producers
in Louisiana. Depredation of rice occurs at planting and just prior to
harvest; however, the most serious problem is depredation of rice seed
and seedlings at planting. Yield losses due to blackbird depredation
have been estimated to vary from 77 million pounds in 1995 to slightly
over 93 million pounds in 2002. Economic losses associated with
blackbird damage have been estimated to average $9.3 million annually
from 1995 to 2002. Damage does not occur uniformly across the state;
consequently, severe economic losses may be experienced by some
producers due to the concentration of blackbirds in a given area. The
use of DRC-1339 has resulted in reducing the extent of damage and the
magnitude of economic loss. DRC-1339 is a selective avicide specific to
blackbirds, grackles, and starlings. As a result, reduction in
blackbird damage to rice is achieved with little or no effect upon
other bird species.
Requesting Member: Congressman Rodney Alexander
Bill Number: H.R. 1105
Account: AG, Cooperative State Research Education and Extension
Service
Legal Name of Requesting Entity: Louisiana State University
Address of Requesting Entity: P.O. Box 25203 Baton Rouge, LA 70894
Description of Request: Aquaculture, LA. Louisiana contains one of
the most diverse aquaculture industries in the U.S. The state continues
to lead the nation in production of crawfish, oyster, alligator, and
pet turtle sales. Catfish production has declined in recent years but
is still important. The total farm-gate value of aquaculture production
in 2008 exceeded $188.6 million. Research is needed to: 1) enhance
crawfish harvesting technology and efficiency and to improve crawfish
broodstock reproduction, 2) to further develop tools to facilitate
genetic improvement of cultured finfish, 3) to determine alternatives
to catfish and other fish cultivation methods and production systems
including polyculture, which reduce off-flavor and improve fish health,
4) to further refine finfish nutrition and feeding practices so that
feed cost are reduced and water quality is improved, 5) to further
protect cultured aquatic species from disease, and 6) to develop new
value-added aquaculture food products and waste by-products.
Requesting Member: Congressman Rodney Alexander
Bill Number: H.R. 1105
Account: AG, Cooperative State Research Education and Extension
Service
Legal Name of Requesting Entity: Louisiana State University
Address of Requesting Entity: P.O. Box 25203 Baton Rouge, LA 70894
Description of Request: Biomaterials from Sugar Cane, LA. The major
objective of this project is to develop and validate an integrated
technology that will convert low-value bagasse, cane leaves and tops,
and molasses into a high value product mix including ethanol, specialty
chemicals, biomaterials and animal feed for a sugar based biorefinery.
The LSU AgCenter will accomplish this by improving, integrating, and
optimizing collective technologies in biomass pretreatment, hydrolysis,
sugar refining and biological and thermo-chemical conversion. The
conversion of 500,000 tons per year of bagasse and molasses (total raw
materials cost of $23 million) into value-added products using the
proposed technologies would generate $240 million in annual revenue and
make a substantial contribution to Louisiana's economy through
expanding the sugar industry. The project is a major opportunity to
showcase the impact of science and technology in augmenting Louisiana's
economic base.
Requesting Member: Congressman Rodney Alexander
Bill Number: H.R. 1105
Account: AG, Cooperative State Research Education and Extension
Service
Legal Name of Requesting Entity: Louisiana State University
Address of Requesting Entity: P.O. Box 25203 Baton Rouge, LA 70894
Description of Request: Tillage, Silviculture, Waste Management, LA.
This special grant addresses critical environmental concerns in
Louisiana. Alternatives to traditional tillage in southwest Louisiana
rice production are needed to improve floodwater quality, reduce soil
erosion, and reduce production costs. Stand establishment and early-
season plant density have been shown to be critical components of a
reduced tillage system. Development of herbicide-resistant rice
varieties has allowed drill seeding of rice, which increases
flexibility with nutrient and vegetation management. However, the
effect of rotational crops on rice grain yield and soil physical
condition is not well understood and requires more research. Cotton and
corn production are major components of the agricultural economy in
northeast Louisiana. Reduced tillage practices and herbicide tolerant
crops are being adopted to sustain soil productivity and reduce surface
water contamination and are improving production efficiency. However,
conservation tillage systems provide a favorable microenvironment for
insect populations, which have the potential to limit economic value.
Basic biological information is needed on insect population dynamics in
reduced tillage systems. The animal waste management component of this
project will develop data and systems that allow proper use of waste
products and lagoon effluent in two areas of the state. The dairy
industry in southeast Louisiana and the poultry industry in north
Louisiana will benefit from research on pasture runoff, background
indicator organisms, optimum land disposal rates for poultry litter,
and new uses for poultry litter particularly as it relates to forest
productivity. Enhanced research on Best Management Practices (BMPs)
will help reduce both point and non-point source discharges associated
with crop, animal, and timber production activities.
Requesting Member: Congressman Rodney Alexander
Bill Number: H.R. 1105
Account: AG, Cooperative State Research Education and Extension
Service
Legal Name of Requesting Entity: Louisiana State University
Address of Requesting Entity: P.O. Box 25203 Baton Rouge, LA 70894
Description of Request: Wetland Plants, LA. Since the 1930s,
1,000,000 acres of Louisiana wetlands have been lost by human
activities and natural forces such as the hurricanes of 2005. This
directly affects U.S. security, navigation, energy consumption, and
food supply. The potential for loss of life, industry, ecosystems, and
infrastructure is enormous. The Coastal Plants Program (CPP) represents
a major commitment to focus proven scientific technologies and outreach
capabilities on issues critical to restore the coastal wetlands of
Louisiana. This program combines the expertise of AgCenter plant
breeders, ecologists, and other plant and soil scientists to facilitate
the development and utilization of improved native plant resources to
preserve remaining marshes and stabilize those that are being re-
created. This project will develop strategies for genetic improvement
leading to the economic and rapid establishment of critically important
wetland plant species over large areas of threatened and reclaimed
coastal wetlands. Native populations will be characterized and a
genetic improvement program conducted to develop superior varieties/
populations with enhanced value in the restoration and protection of
wetlands. Plant cloning and molecular biology will facilitate genetic
characterization and genetic improvement and provide superior plant
materials to Louisiana's developing commercial wetland plant and seed
industry. On-site marsh research will address issues concerning
beneficial use of dredge material, sediment nourishment of
deteriorating wetlands, and factors influencing vegetative response.
Requesting Member: Congressman Rodney Alexander
Bill Number: H.R. 1105
Account: AG, Natural Resources Conservation Service
Legal Name of Requesting Entity: Louisiana State University
Address of Requesting Entity: P.O. Box 25203 Baton Rouge, LA 70894
Description of Request: Best Management Practices and Master Farmer
Special Research Grant with LSD, LA. Of more than 2,000 agricultural
producers trained through Louisiana's Master Farmer program, 65 have
completed the third tier of the program which ends with certification
from the Louisiana Department of Agriculture and Forestry. This
represents a high benchmark in performance, which requires completion
of eight hours of classroom instruction, participation in a Model Farm
field tour, and development and implementation of an NRCS Resource
Management System plan to address potential or occurring pollution.
With the assistance of USDA programs and other technical assistance,
these producers have installed research-based BMPs to address
environmental issues. These certified producers manage more than 15,000
acres of Louisiana farmland, all within a 50-
[[Page 8795]]
mile radius of 303d listed impaired state waters. In addition, multi-
state collaboration has resulted in the development of a template by
the Louisiana Master Farmer Program that can be used by other states to
develop similar programs, focusing on curriculum development,
implementation and lessons learned. Land area impacted by targeted
programs is 928,507 acres.
Requesting Member: Congressman Rodney Alexander
Bill Number: H.R. 1105
Account: Financial Services, SBA
Legal Name of Requesting Entity: City of Baton Rouge
Address of Requesting Entity: 222 St. Louis Street, Baton Rouge, LA
70821
Description of Request: City of Baton Rouge, Louisiana, for small
business investment initiative technical assistance. Baton Rouge's
population growth following the economic devastation of Hurricanes
Katrina and Rita provides an opportunity to expand small businesses and
micro-enterprises. Baton Rouge is partnering with Seedco Financial and
Southern University on a new initiative to provide minority- and women-
owned business enterprises (M/WBEs) assistance to bridge the financing
gap that affects many existing and emerging M/WBEs. Seedco will provide
loans to these businesses through the Small Business Loan Fund for real
estate expansion, working capital, and/or start up costs. The program
will connect M/WBEs to large-scale developments currently being
undertaken by the City/Parish and other local stakeholders in Old
South, Mid-City, and Downtown Baton Rouge, neighborhoods with a poverty
rate of over 35% and a median household income of $17,867. This request
is to fund comprehensive technical assistance, including debt and
financial management, marketing, and cost-cutting strategies, to enable
M/WBEs to use the financial assistance offered by the City/Parish's
partners. Technical assistance will be provided through workshops and
intensive, one-on-one sessions by local, grassroots, and nonprofit
development corporations trained by Seedco Financial to provide
services to borrowers and prospective borrowers. Graduate students at
Southern University's School of Business also will deliver business
planning and financial management assistance through structured
sessions supervised by university professors.
Requesting Member: Congressman Rodney Alexander
Bill Number: H.R. 1105
Account: Financial Services, SBA
Legal Name of Requesting Entity:
Address of Requesting Entity:
Description of Request: Northeast Louisiana Business and Community
Development Center. The University of Louisiana at Monroe College of
Business and Louisiana Small Business Development Center (LSBDC)
propose to advance entrepreneurship and support economic development by
further development and expansion of the Northeast Louisiana Business
and Community Development Center which provides a regional business
incubator/accelerator and community development services. The center
will contain a multi-purpose incubator and provide regional, rural
outreach for community development such as training for community
leaders to enhance their ability to create effective economic
development plans that include entrepreneurship. The center provides
research reports for projects to communities. To expand the reach of
the Center, we anticipate creating virtual services and possible
distributed service locations in the rural areas of the service region
of the University. Expanded services are possible through a potential
partnership with the recently created Center for Rural Initiatives. The
expected outcome will be a new focus on entrepreneurship that brings
the expertise and resources of the university to rural communities and
a facility to nurture entrepreneurs and grow businesses. Community
leaders and elected officials will receive training on budgeting,
strategic planning, marketing, and accessing community development
information. New businesses will be started, with a better chance of
survival, and jobs will be created
Requesting Member: Congressman Rodney Alexander
Bill Number: H.R. 1105
Account: THUD, Airport Improvement Program
Legal Name of Requesting Entity: City of Monroe
Address of Requesting Entity: Monroe, LA
Description of Request: Monroe Regional Airport, New Terminal, LA.
This historic airport, birthplace of Delta Airlines, serves the needs
of Ouachita Parish and eleven neighboring parishes with a combined
population of 325,000 people. The airport currently processes
approximately 225,000 passengers a year. Forecasts project a 47 percent
increase in activity over the next 20 years. Analysis projects the need
for a new terminal at twice the size of the current facility. It would
accommodate growth in passengers, provide the latest security features,
improve energy efficiency, and be easily expandable for further growth
beyond 20 years. This request for FY09 would fund the first phase of
Terminal building construction.
Requesting Member: Congressman Rodney Alexander
Bill Number: H.R. 1105
Account: THUD, Buses and Bus Facilities
Legal Name of Requesting Entity: Louisiana Public transit Association
Address of Requesting Entity: 2817 Canal Street New Orleans, LA 70119
Description of Request: Louisiana Statewide Buses and Bus Facility,
LA. The request is for funds to replace obsolete buses & vans,
Facilities and transit terminals.
Requesting Member: Congressman Rodney Alexander
Bill Number: H.R. 1105
Account: THUD, Surface Transportation Priorities
Legal Name of Requesting Entity: Louisiana Department of
Transportation and Development
Address of Requesting Entity: P.O. Box 94245, Baton Rouge LA 70804
Description of Request: 4-Laning of Hwy 84 from Vidalia to Toledo
Bend, LA. The funding would be used to widen US 84 to four lanes from
its junction with LA 3037 to the junction of LA 124
Requesting Member: Congressman Rodney Alexander
Bill Number: H.R. 1105
Account: THUD, Surface Transportation Priorities
Legal Name of Requesting Entity: Delta Highway 65 Commission
Address of Requesting Entity: 103 Rue Toulouse, West Monroe, LA 71291
Description of Request: Delta Highway 65 Study/Expansion, LA. It has
been determined that an expansion of LA State Hwy. 65 from Alexandria,
LA to I-40 in Arkansas will promote Economic Development within the
Delta. Also, it will provide for an Emergency Evacuation Route on the
West side of the Mississippi River. The project has few obstacles to
overcome and can result in a ``4-fold'' return; alleviating poverty,
providing a needed north/south connector in LA and provide development
opportunities within the poorest region of the U.S.
Requesting Member: Congressman Rodney Alexander
Bill Number: H.R. 1105
Account: THUD, Transportation, Community, and System Preservation
Legal Name of Requesting Entity: City of Baton Rouge
Address of Requesting Entity: 222 St. Louis Baton Rouge, LA 70821
Description of Request: I-10 Pecue Lane Interchange, Baton Rouge, LA.
The southern portions of East Baton Rouge Parish and adjoining
Ascension Parish have experienced significant population growth and
expansion in recent years. As a result, traffic volumes have
dramatically increased along the I-10 corridor from the I-10/I-12 split
east into Ascension Parish. Development in this area is expected to
continue to grow, including the construction of a major medical complex
nearby, which will further increase traffic volumes. Additional access
to and from the Interstate is needed along the I-10 corridor to
accommodate these changing travel patterns and increased traffic. Pecue
Lane has been identified as a strategic route that can enhance
connectivity within this region and provide access to I-10. This
project will reduce congestion and improve safety in this part of the
City/Parish. An access request for this interchange has been presented
to both the LADOTD and FHWA and is currently under review. A rural
diamond interchange configuration has been selected for this location
to facilitate the connectivity to the existing Pecue Lane overpass. FY
2009 funding will be used complete environmental studies and design.
Requesting Member: Congressman Rodney Alexander
Bill Number: H.R. 1105
Account: THUD, EDI
Legal Name of Requesting Entity: City of Alexandria
Address of Requesting Entity: P.O. Box 71, Alexandria, LA 71309
Description of Request: Alexandria Riverfront Multi-Site Development,
LA for the redevelopment of the Alexandria Riverfront. The City of
Alexandria requests consideration of RIVER, (Riverfront Improvement
Venture and Essential Recreation), a cultural, community-up approach to
the re-development of the riverfront area of Alexandria-Pineville.
Following the model city of Chattanooga, Alexandria-Pineville would
benefit from a planned re-
[[Page 8796]]
development of the riverfronts facing each other located alongside both
cities. The identities of the cities are tied directly to the
riverfronts and history surrounding the areas. The economic engines
development along the Red River at Alexandria, which has the largest
inland port in the continental United States, creates state-wide
economic development opportunities. The proposed works would serve
downtown, mid-city, and Garden District businesses, future retail
tenants, downtown hotels, the Riverfront Convention Center, various
public buildings such as City Hall, and various other public buildings
and improvements. The choices expand other choices for transportation,
employment and housing (through mixed-use and other opportunities) and
value long-range, regional considerations of sustainability.
Requesting Member: Congressman Rodney Alexander
Bill Number: H.R. 1105
Account: LHHS, Department of Education
Legal Name of Requesting Entity: Louisiana Tech University
Address of Requesting Entity: Ruston, LA
Description of Request: Louisiana Tech University, Ruston, LA for a
program in K-12 cyberspace education in cooperation with members of the
Consortium for Education, Research and Technology of North Louisiana.
The Cyberspace Cyberspace Science and Engineering project will empower
K-12 education in North Louisiana and increase the nation's supply of
cyber-security professionals. The project is a joint venture between
the College of Engineering and Science, College of Liberal Arts, SciTEC
in College of Education. It will: Foster development of partnerships
with K-12 institutions. Develop and implement innovative curricula
related to Cyberspace. Enhance the cyber-infrastructure related to
delivering educational content. Improve STEM teacher preparation.
Implement professional development opportunities for in-service
teachers. Promote student and faculty development. Promote partnerships
with business and industry through collaboration with the Cyber
Innovation Center.
Requesting Member: Congressman Rodney Alexander
Bill Number: H.R. 1105
Account: LHHS, Department of Health and Human Services
Legal Name of Requesting Entity: Mary Bird Perkins Cancer Center
Address of Requesting Entity: 4950 Essen Lane, Baton Rouge, LA 70809
Description of Request: Mary Bird Perkins Cancer Center, Baton Rouge,
LA to expand early detection cancer screenings. This MBPCC program is
designed for life-saving cancer screenings with the goal of expanding
its outreach services to the medically underserved public in the
greater Baton Rouge and Hammond and Covington areas. These areas
include Ascension, East Baton Rouge, East Feliciana, Iberville,
Livingston, Point Coupe, St. Helena, St. Tammany, Tangipahoa West Baton
Rouge, West Feliciana and Washington parishes located in the Louisiana
Cancer Control Partnership (LCCP) Regions 2 and 9. MBP began its
comprehensive outreach program in 2002 through its CARE Network. In
2007, the program screened the 20,000th person for free. Although
cancer incidence rates in Louisiana are comparable to national
averages, Louisiana has one of the highest death rates from cancer in
the country. For example, African American women have breast cancer
incidence rates similar to the national rate but have mortality rates
19 percent higher. The Louisiana Tumor Registry which collects
statewide data on all newly-diagnosed malignancies and cancer deaths,
reports that one reason for the high death rate is inadequate cancer
screening for early detection resulting in late stage diagnosis.
Additional funding would allow MBP to provide more services to those in
need.
Requesting Member: Congressman Rodney Alexander
Bill Number: H.R. 1105
Account: LHHS, Department of Health and Human Services
Legal Name of Requesting Entity: St. Francis Cabrini Hospital
Address of Requesting Entity: 3330 Masonic Drive Alexandria, LA 71301
Description of Request: CHRISTUS St. Francis Cabrini Hospital,
Alexandria, LA for a pre-natal clinic, including facilities and
equipment. CHRISTUS St. Francis Cabrini Pre-Natal Clinic: CHRISTUS is
seeking funding to help support a new pre-natal clinic which will
provide care to low income women with the goal of reducing infant
mortality and promoting pregnancy wellness here in Louisiana which
consistently ranks among the worst states in the nation for high infant
mortality (10.4 deaths per 1000 live births in 2004). The center will
be available to all women but focused primarily on those with low
income, those who are uninsured, and those in the Medicaid population.
Three associates will staff the center--nurse practitioner, a licensed
practical nurse, and a clerk. The nurse practitioner will collaborate
with a medical director to provide prenatal care as well as early and
ongoing risk assessment to prevent and recognize conditions associated
with maternal and infant morbidity and mortality.
Requesting Member: Congressman Rodney Alexander
Bill Number: H.R. 1105
Account: LHHS, Department of Health and Human Services
Legal Name of Requesting Entity: St. Francis Cabrini Hospital
Address of Requesting Entity: 3330 Masonic Drive Alexandria, LA 71301
Description of Request: CHRISTUS St. Francis Cabrini Hospital,
Alexandria, LA for a school dental hygiene program. The Seal a Smile
program brings dentists and dental hygienists for four elementary
schools where children in the 1st, 2nd, and 6th grades receive
treatment which helps prevent cavities. Money would help the program
return to the four schools visited this year (to treat a whole new
group of children) and bring the program to two more schools at which
school-based health clinics opened just this year. In addition,
CHRISTUS will employ a dentist with a mobile dental unit from a
Federally Qualified Center to do x-rays, fillings, and restorative
dentistry at one of the four elementary schools with a school-based
health clinic. These funds would enable the mobile dental unit to also
serve the other three elementary schools. Our community services
division will soon own portable dental equipment, but needs funding for
a dentist to do the same restorative dentistry at the other three
schools.
Requesting Member: Congressman Rodney Alexander
Bill Number: H.R. 1105
Account: LHHS, Department of Health and Human Services
Legal Name of Requesting Entity: Louisiana Primary Care Association,
Inc
Address of Requesting Entity: 4550 N BLVD Suite 120 Baton Rouge, LA
70806
Description of Request: Louisiana Primary Care Association, Inc.,
Baton Rouge, LA for purchase of equipment. Even with the one time state
appropriations of approximately $40 million, Louisiana's Federally
Qualified Health Centers (FQHC) will still be challenged with the need
for operational funds to offset expenses incurred for the growing
population of the uninsured. The total cost per user/patient for
Louisiana's Health Center patients is $372 (inclusive of primary care
and dental services). According to the 2006 Bureau of Primary Health
Care (BPHC) Uniform Data System (UDS) report, Louisiana's health
centers served approximately 45% uninsured persons of the total 128,507
users (an increase of 2% from the previous year). LPCA is requesting
$5,000,000 to assist their 22 grantee members with the acquisition of
needed healthcare equipment for various centers which may include the
implementation of electronic medical records for centers not currently
using them. LPCA will use these funds to leverage and solicit
additional resources to offset expenses. Commitment letters
incorporating detailed budgets and narratives will be required by LPCA
to insure accountability from all participating members and will be
maintained at LPCA for auditing purposes.
Requesting Member: Congressman Rodney Alexander
Bill Number: H.R. 1105
Account: LHHS, Department of Health and Human Services
Legal Name of Requesting Entity: University of Louisiana at Monroe
Address of Requesting Entity: Monroe, LA
Description of Request: University of Louisiana at Monroe, Monroe, LA
for facilities and equipment. ULM seeks funding for a new 10,000 square
foot Animal Research Facility/Vivarium for the College of Pharmacy. The
facility will support research of cardiovascular disease, cancer,
diabetes, Alzheimer's disease, and other neurological diseases. The
research facility is a specially designed building type, which
accommodates specially controlled environments for the care and
maintenance of experimental animals. The facilities are vital to the
support of proper, safe, and humane research. The Association for
Accreditation and Assessment of Laboratory Animal Care International
(AAALAC) provides criteria and a certification process helping assure
both accurate experimental results and safe and humane treatment of
research animals.
Requesting Member: Congressman Rodney Alexander
Bill Number: H.R. 1105
Account: LHHS, Department of Health and Human Services
Legal Name of Requesting Entity: University of Louisiana at Monroe
[[Page 8797]]
Address of Requesting Entity: Monroe, LA
Description of Request: University of Louisiana at Monroe, Monroe, LA
for purchase of a mobile dental unit, including equipment. This mobile
unit, serving the delta area of Louisiana, would enhance the teaching
capabilities of the dental hygiene program and would provide critically
needed services to underserved patients who lack the financial
resources and/or transportation to obtain proper dental care. The unit
would be staffed by a dentist, dental assistant, dental hygienist and
dental hygiene students who would work with local public health offices
to coordinate services.
Requesting Member: Congressman Rodney Alexander
Bill Number: H.R. 1105
Account: LHHS, Department of Health and Human Services
Legal Name of Requesting Entity: Xavier University
Address of Requesting Entity: New Orleans, LA
Description of Request: Xavier University, New Orleans, LA, for
facilities and equipment. The goal of this project is to construct an
addition to Xavier's College of Pharmacy and expansion of Xavier's
Clinical Trials Unit. Expansion of the College of Pharmacy will
increase Xavier's ability to provide pharmaceutical companies with
well-educated graduates as employees. Xavier is a leader in graduating
bioscience and pharmaceutical professionals. For more than a decade,
Xavier ranked first nationally in the number of African American
students earning bachelors degrees in biology, physics, and the
physical sciences overall.
Requesting Member: Congressman Rodney Alexander
Bill Number: H.R. 1105
Account: LHHS, Department of Labor
Legal Name of Requesting Entity: Southeastern Louisiana University
Address of Requesting Entity: Hammond, LA
Description of Request: Southeastern Louisiana University, Hammond,
LA for a job training initiative. Southeastern Louisiana University
requests funding to expand its pilot initiative to provide a one-stop
economic/workforce development and community planning/smart growth
assistance to meet the needs of post-Katrina southeast Louisiana. A
recent addition to the effort is smart-growth community planning. Rapid
population growth in the region pre and post-Katrina has accelerated
the need for better planning in order to maintain and enhance the
quality of life in the area. The Southeast Louisiana Business Center,
in conjunction with the Southeastern Social Science Research Center,
has initiated outreach to area communities in order to provide smart
growth assistance. Southeastern proposes to expand this initiative in
order to increase services and reach more communities across southeast
Louisiana.
Requesting Member: Congressman Rodney Alexander
Bill Number: H.R. 1105
Account: CJS, Department of Commerce
Legal Name of Requesting Entity: Louisiana State University
Address of Requesting Entity: Baton Rouge, LA
Description of Request: Louisiana State University A&M to provide
more information for a geodetic reference system to aid land planning
in Louisiana. The Louisiana Geodetic Spatial Reference Center (LGSRC)
is currently a joint partnership between Louisiana State University
(LSU) and the National Geodetic Survey (NGS). NGS is an office of
NOAA's National Ocean Service and is tasked with maintaining the
nation's system of monuments for surveying and positioning. LGSRC is a
legal extension of the NGS within the State of Louisiana and
surrounding Gulf States and will use GULFNET as the backbone for its
regional system of positioning monuments. Accurate and precise
positioning data and information is the basis for all things
geospatial. A strong capability in geodesy, topographic engineering,
and surveying is thus essential to the success of the Center. LSU is at
the technological cutting edge in these fields and will host, staff,
manage, and operate the Center on the LSU Baton Rouge campus. In 1997,
Louisiana State University began construction of GULFNET, a geodetic
reference system spanning coastal Louisiana using GPS technologies.
Originally designed to support high precision measurement of
subsidence, the system was also designed to support a whole host of
other activities. This system consists of three continuously operating
stations and 24 episodic campaign targets and is supported by contracts
with the National Science Foundation and the Louisiana Board of
Regents. GULFNET will provide public and private sector users with data
and an information stream that will meet several currently unmet needs
and requirements for lateral positioning and height information.
Requesting Member: Congressman Rodney Alexander
Bill Number: H.R. 1105
Account: CJS, Department of Commerce
Legal Name of Requesting Entity: Southern Shrimp Alliance
Address of Requesting Entity: P.O. Box 1577 Tarpon Springs, FL 34688
Description of Request: National Marine Fisheries Service Shrimp
Industry Fishing Effort Research Continuation. In January 2008, the
National Marine Fisheries Service (NMFS) issued a final rule
implementing a comprehensive management regime for achieving new
statutory mandates under the Magnuson-Stevens Act to end overfishing
and rebuild the red snapper stock in the Gulf of Mexico. A primary
component of this plan is a substantial reduction in the bycatch of
juvenile red snapper in the shrimp fishery that must be achieved
through a large reduction in shrimp fishing effort in juvenile red
snapper habitat areas. Failure to achieve the necessary reduction in
shrimp fishing effort triggers a closure of the shrimp fishery in these
areas. Consequently, the ability to accurately measure where and when
shrimp fishing effort occurs each year is not only critical to
achieving statutory red snapper conservation objectives, it is
absolutely crucial to the future survival of the Gulf shrimp fishery.
Widely supported by industry, environmental community and federal &
State fishery management agencies.
Requesting Member: Congressman Rodney Alexander
Bill Number: H.R. 1105
Account: CJS, Department of Justice
Legal Name of Requesting Entity: Ascension Parish Sheriff's Office
Address of Requesting Entity: 828 S. Irma Blvd. Gonzales, LA 70737
Description of Request: Ascension Parish Sheriff, Law Enforcement
Training Equipment. Ascension Parish Sheriff's Office owns and operates
one of the premier law enforcement law training facilities in the Gulf
region. Federal, state and local law enforcement agencies use this
facility for various training purposes. The sheriff's office is in need
of funding to continue to offer these services.
Requesting Member: Congressman Rodney Alexander
Bill Number: H.R. 1105
Account: CJS, Department of Justice
Legal Name of Requesting Entity: City of Baton Rouge
Address of Requesting Entity: 222 St. Louis Street Baton Rouge, LA
70821
Description of Request: East Baton Rouge Parish to upgrade law
enforcement technologies. Federal funding will support city-wide
expansion of a program to equip law enforcement officers with the
latest in mobile data technology. Laptop computers in 400 marked patrol
cars will be linked over a 700/800mhz RF network. Local funding will be
used to purchase software and equipment to allow connectivity and
initial Wireless Access Points to transmit the data. Federal funding
will expand this wireless mesh network, adding Wireless Access Point
locations throughout the City/Parish. Wi-fi capabilities will increase
the speed and availability of the network and help law enforcement
officers in the field prevent and solve crimes by sharing information
in real time. FY09 funding will also support city-wide roll-out of a
camera monitoring system. The City/Parish has begun to implement a
canopy system that uses wireless camera installations to monitor
critical infrastructure and other hot points throughout the City/
Parish. Cameras will be equipped with state-of-the-art ShotSpotter
technology, which provides real-time notification of gunshot events, as
well as precise event data, such as a shooter's location. Further
expansion of this project will allow the City/Parish to place cameras
in newly developing high-crime areas.
Requesting Member: Congressman Rodney Alexander
Bill Number: H.R. 1105
Account: CJS, Department of Justice
Legal Name of Requesting Entity: Jackson Parish
Address of Requesting Entity: 500 E. Court Street, Room 100
Jonesboro, LA 71251
Description of Request: Jackson Parish Sheriff Department Training
Complex. Funding would be used to construct a pistol/rifle range and a
training building.
Requesting Member: Congressman Rodney Alexander
Bill Number: H.R. 1105
Account: CJS, Department of Justice
Legal Name of Requesting Entity: Lincoln Parish
Address of Requesting Entity: 201 N. Vienna, Ruston, LA 71270
Description of Request: North Louisiana GIS Consortium. Law
enforcement agencies are increasingly turning to Pictometry's new
visual
[[Page 8798]]
intelligence tools that permit users to instantly see up to 12
different views of any feature in their jurisdiction. Pictometry, a
small, US-owned technology firm creates libraries of a revolutionary
new form of digital, full color aerial imagery and geo-spatial
information. Pictometry captures every square foot of an area from as
many as twelve directions. While Pictometry libraries consist of
orthogonal (straight down) images like ordinary aerial imaging, over
80% of the images are oblique (taken from angles) so that features can
be easily seen in their entirety. These images reveal the front, back,
and sides of objects of interest rather than just their tops. Within
seconds, a law enforcement officer can literally view and analyze any
house, building, intersection, fire hydrant, tree or any feature in the
county from their laptop, workstation, or mobile device.
Requesting Member: Congressman Rodney Alexander
Bill Number: H.R. 1105
Account: CJS, Department of Justice
Legal Name of Requesting Entity: Louisiana Sheriff's Association
Address of Requesting Entity: 1175 Nicholson Drive Baton Rouge, LA
70802
Description of Request: Louisiana Sheriffs' Association, Louisiana
Methamphetamine Task Force. This grant funding will be used for the
continuation of a Multi-Parish Methamphetamine Task Force (Louisiana
Methamphetamine Task Force) formed in 2004. The parishes involved are
Claiborne, Grant, Natchitoches, Rapides, Vernon, Webster, and Winn. The
grant money will be used to continue paying the new personnel hired for
the task force, the payment of overtime to law enforcement officers
directly involved in the Methamphetamine Task Force, increase the
number of new hires, to purchase new equipment which will be
specifically directed toward the deterrence, location and destruction
of methamphetamine labs. Additionally five percent (5%) of this request
will be used to continue paying the grant administrator.
Requesting Member: Congressman Rodney Alexander
Bill Number: H.R. 1105
Account: CJS, Department of Justice
Legal Name of Requesting Entity: Louisiana District Attorney's
Association
Address of Requesting Entity: 1645 Nicholson Drive Baton Rouge, LA
70802
Description of Request: Louisiana District Attorney's Association to
support an early intervention program for at-risk elementary students.
The Prosecutor's Early Intervention Program (PEIP) is a proven
prevention-based program, developed by the 16th Judicial District, that
creates a conduit between the home, school, social service agencies and
the legal system in order to quickly identify and intervene with
elementary children who are exhibiting behavioral and/or school
performance problems. Children have become more successful in school
academically, behavioral problems in the classroom have declined and
there has been a decrease in juvenile court filings.
Requesting Member: Congressman Rodney Alexander
Bill Number: H.R. 1105
Account: CJS, National Aeronautics and Space Administration
Legal Name of Requesting Entity: Thurgood Marshall College Fund
Address of Requesting Entity: 80 Maiden Lane Suite 2204 New York, NY
10038
Description of Request: Thurgood Marshall College Fund to recruit
minority students who will pursue careers in the sciences. This program
will Assist NASA in its efforts to recruit minority students who will
pursue careers in energy sciences. TMCF seeks to continue this nation's
mission to produce more minority students in the areas of math and
science. Moreover, TMCF is continuing to produce more leaders
advocating economic development with a sustained focus of educating the
nation's workforce and providing state-of-the-art instruction,
facilities and curriculum.
Requesting Member: Congressman Rodney Alexander
Bill Number: H.R. 1105
Account: Energy and Water, Corps of Engineers
Legal Name of Requesting Entity:
Address of Requesting Entity: P.O. Box 80 Vicksburg, MS 39181
Description of Request: Bayou Sorrel Lock, LA. Bayou Sorrel Lock
(Intracoastal Waterway Locks) in the East Atchafalaya Basin Protection
Levee, a main-line feature of the MR&T, is critical for flood
protection and inland navigation. The funds would be used to advance
preconstruction, engineering and design completion by two years.
Authorization: Section 601 of WRDA 1986 (PL 99-662)
Requesting Member: Congressman Rodney Alexander
Bill Number: H.R. 1105
Account: Energy and Water, Corps of Engineers
Legal Name of Requesting Entity: U.S. Army Corps of Engineers
Address of Requesting Entity: P.O. Box 80 Vicksburg, MS 39181
Description of Request: Comite River (Diversion Project), LA. This
project was created to ameliorate flood losses in the Baton Rouge
Urbanized Area. Since this project began, federal funding has not been
adequate and the project construction schedule had to be extended from
2011 to 2016 in accordance with USACE estimates. This is caused by the
inadequate annual funding that allows only the absolute minimum work to
keep the project alive. $18,000,000 is necessary to adequately fund
construction related work for the project and continue development of
plans and specifications.
Requesting Member: Congressman Rodney Alexander
Bill Number: H.R. 1105
Account: Energy and Water, Corps of Engineers
Legal Name of Requesting Entity:
Address of Requesting Entity: P.O. Box 80 Vicksburg, MS 39181
Description of Request: Inner Harbor Navigation Canal Lock
Replacement, LA. The EIS for the IHNC Lock replacement is being redone
under court order and will be completed in December 2008. The
additional funds will be used to resume lock design and award west
levee contract to complete construction by 2018. This is a critical
lock in the GIWW system and is the #1 priority of the Inland Waterways
Users Board (IWUB).
Requesting Member: Congressman Rodney Alexander
Bill Number: H.R. 1105
Account: Energy and Water, Corps of Engineers
Legal Name of Requesting Entity: Red River Waterway Commission
Address of Requesting Entity: P.O. Box 709, Shreveport, LA 71162
Description of Request: J. Bennett Johnston Waterway, LA. The project
is located in central and northwest Louisiana and provides for a 9- by
200-foot navigation channel extending about 236 miles from the
Mississippi River through Old River and Red River to the vicinity of
Shreveport, LA. Five locks and adjacent dams provide a lift of about
141 feet. Facilities to provide recreation and fish and wildlife
development are also an integral part of the project. Although the
project is open to navigation, refinements to the channel alignment are
necessary to improve the safety and reliability of the navigation
channel as well as to reduce maintenance dredging costs. These
refinements consist of reinforcing or capping out existing revetments
as well as adding additional contraction structures (dikes) to improve
navigation conditions. WRDA 2007 increased the authorized cost for
mitigation to $33,912,000 allowing the purchase of cleared or
agricultural lands for reforestation.
Requesting Member: Congressman Rodney Alexander
Bill Number: H.R. 1105
Account: Energy and Water, Corps of Engineers
Legal Name of Requesting Entity: U.S. Army Corps of Engineers
Address of Requesting Entity: P.O. Box 80 Vicksburg, MS 39181
Description of Request: Bayou Desiard, Monroe, LA. Bayou DeSiard is
located within Ouachita Parish in northeastern Louisiana near the city
of Monroe. Prior to the construction of the Ouachita River levee
system, the bayou was a flowing stream that drained into the Ouachita
River just north of Monroe. It is currently a 28-mile-long impoundment.
Requesting Member: Congressman Rodney Alexander
Bill Number: H.R. 1105
Account: Energy and Water, Corps of Engineers
Legal Name of Requesting Entity: U.S. Army Corps of Engineers
Address of Requesting Entity: P.O. Box 80 Vicksburg, MS 39181
Description of Request: Frazier/Whitehouse Oxbow Lake Weir, LA.
Frazier/Whitehorse Oxbow Lake is located in east-central Louisiana,
adjacent to Lindy C. Boggs Lock and Dam. The project provides for an
overtopping closing to maintain minimum water levels during period of
low water. Completion of the proposed project would result in positive
environmental benefits by partially restoring historical lake water
levels and the associated fish and wildlife habitat.
Requesting Member: Congressman Rodney Alexander
Bill Number: H.R. 1105
Account: Energy and Water, Corps of Engineers
Legal Name of Requesting Entity: U.S. Army Corps of Engineers
[[Page 8799]]
Address of Requesting Entity: P.O. Box 80 Vicksburg, MS 39181
Description of Request: Lake St. Joseph, Tensas Parish, LA. Lake St.
Joseph, an abandoned oxbow of the Mississippi River, is located in
northeast Louisiana in Tensas Parish, 4 miles north of St. Joseph, LA.
The lake is a shallow lake, 3 to 4 feet deep, due to sedimentation and
subject to fish kills during prolonged periods of hot weather.
Requesting Member: Congressman Rodney Alexander
Bill Number: H.R. 1105
Account: Energy and Water, Corps of Engineers
Legal Name of Requesting Entity: U.S. Army Corps of Engineers
Address of Requesting Entity: P.O. Box 80 Vicksburg, MS 39181
Description of Request: Alexandria to the Gulf, LA. Funding in the
amount of $790,000 is necessary to complete remaining work for the
Feasibility Study and advance the PED. Authorization: HR 23 July 1997.
Requesting Member: Congressman Rodney Alexander
Bill Number: H.R. 1105
Account: Energy and Water, Corps of Engineers
Legal Name of Requesting Entity: U.S. Army Corps of Engineers
Address of Requesting Entity: P.O. Box 80 Vicksburg, MS 39181
Description of Request: Morganza to the Gulf, LA. Funding in the
amount of $8,000,000 would be used to continue Pre-Construction and
Design work and $10,000,000 would be used for construction activities
authorized under WRDA 2007. Authorization: WRDA 2007 (P.L. 110-114),
Sec 1001 (24).
Requesting Member: Congressman Rodney Alexander
Bill Number: H.R. 1105
Account: Energy and Water, Corps of Engineers
Legal Name of Requesting Entity: U.S. Army Corps of Engineers
Address of Requesting Entity: P.O. Box 80 Vicksburg, MS 39181
Description of Request: Spring Bayou, LA. The study area includes the
Spring Bayou, LA, area, and any adjacent parishes that impact the area.
The Spring Bayou Area is comprised of several U.S. Fish and Wildlife
Service refuges and state wildlife management areas, along with
adjacent lands that have traditionally been recognized as one of the
most significant fish and wildlife and wetland ecosystems in the South.
Requesting Member: Congressman Rodney Alexander
Bill Number: H.R. 1105
Account: Energy and Water, Corps of Engineers
Legal Name of Requesting Entity: U.S. Army Corps of Engineers
Address of Requesting Entity: P.O. Box 80 Vicksburg, MS 39181
Description of Request: Mississippi River Levees, AR, IL, KY, LA, MS,
MO & TN. Funding in the amount of $54,100,000 is necessary to properly
fund construction for the raising of deficient portions of the
Mississippi River Levees. Funds can also be used for the construction
of a museum and interpretive site.
Requesting Member: Congressman Rodney Alexander
Bill Number: H.R. 1105
Account: Energy and Water, Corps of Engineers
Legal Name of Requesting Entity: U.S. Army Corps of Engineers
Address of Requesting Entity: P.O. Box 80 Vicksburg, MS 39181
Description of Request: Baton Rouge Harbor, Devil Swamp, LA. This
project is to maintain depth of the slack water channel for commercial
barge traffic. Authorization: Flood control Act 1948; Sect 201, P.L.
858
Requesting Member: Congressman Rodney Alexander
Bill Number: H.R. 1105
Account: Energy and Water, Corps of Engineers
Legal Name of Requesting Entity: U.S. Army Corps of Engineers
Address of Requesting Entity: P.O. Box 80 Vicksburg, MS 39181
Description of Request: Tensas Basin, Boeuf and Tensas Rivers, AR &
LA. The flood control project is located in central and northeast
Louisiana and southeast Arkansas and includes the Lake Chicot pumping
plant. Funds are requested to continue operation and maintenance of
project features and to repair bell housing; maintain Big Bayou weirs;
replace Motor Control Center at Lake Chicot pumping plant; paint and
repair operators; prepare plans and specifications for Lake Chicot
access road; and construct Lake Chicot access road.
Requesting Member: Congressman Rodney Alexander
Bill Number: H.R. 1105
Account: Energy and Water, Corps of Engineers
Legal Name of Requesting Entity: U.S. Army Corps of Engineers
Address of Requesting Entity: P.O. Box 80 Vicksburg, MS 39181
Description of Request: Tensas Basis, Red River Backwater, LA. The
project is located in central and northeast Louisiana. For Operations
and Maintenance
Requesting Member: Congressman Rodney Alexander
Bill Number: H.R. 1105
Account: Energy and Water, Corps of Engineers
Legal Name of Requesting Entity: U.S. Army Corps of Engineers
Address of Requesting Entity: P.O. Box 80 Vicksburg, MS 39181
Description of Request: Atchafalaya River and Bayous Chene, Boeuf &
Black, LA. For operations and Maintenance.
Requesting Member: Congressman Rodney Alexander
Bill Number: H.R. 1105
Account: Energy and Water, Corps of Engineers
Legal Name of Requesting Entity: Red River Waterway Commission
Address of Requesting Entity: P.O. Box 709, Shreveport, LA 71162
Description of Request: J. Bennett Johnston Waterway, LA. The project
is located in central and northwest Louisiana and provides for 9- by
200-foot navigation extending about 236 miles from the Mississippi
River through Old River and Red River to the vicinity of Shreveport,
Louisiana. Five locks and adjacent dams provide a lift of approximately
141 feet. The project also provides for realigning the banks of the Red
River from the Mississippi River to Shreveport by means of dredging,
cutoffs, and training works and stabilizing its banks by means of
revetments, dikes, and other methods.
Requesting Member: Congressman Rodney Alexander
Bill Number: H.R. 1105
Account: Energy and Water, Corps of Engineers
Legal Name of Requesting Entity: U.S. Army Corps of Engineers
Address of Requesting Entity: P.O. Box 80 Vicksburg, MS 39181
Description of Request: Lake Providence Harbor, LA. Lake Providence
Harbor is an inland harbor, located along the Mississippi River in East
Carroll Parish, Louisiana. Without maintenance dredging funds, this
harbor will lose project dimensions requiring the port to be shut down
during the busiest time of the year when crops are harvested and
shipped. This harbor services many small communities and farmers in
Louisiana. The project was constructed in 1980 and has been maintained
annually. The loss of navigation will have significant adverse economic
impacts on the region.
Requesting Member: Congressman Rodney Alexander
Bill Number: H.R. 1105
Account: Energy and Water, Corps of Engineers
Legal Name of Requesting Entity: U.S. Army Corps of Engineers
Address of Requesting Entity: P.O. Box 80 Vicksburg, MS 39181
Description of Request: Madison Parish Port, LA. Madison Parish Port
is a fast water, shallow draft port, located on the Mississippi River
in Madison Parish, Louisiana. Without maintenance dredging funds, this
port will lose project dimensions requiring the port to be shut down
during the busiest time of the year when crops are harvested and
shipped. This port services many small communities and farmers in
Louisiana. The project was constructed in 1980 and has been maintained
annually. The loss of navigation will have significant adverse economic
impacts on the region.
Requesting Member: Congressman Rodney Alexander
Bill Number: H.R. 1105
Account: Energy and Water, Corps of Engineers
Legal Name of Requesting Entity: U.S. Army Corps of Engineers
Address of Requesting Entity: P.O. Box 80 Vicksburg, MS 39181
Description of Request: Mississippi River, Baton Rouge to the Gulf of
Mexico, LA. Operation and maintenance funds for the Mississippi River
Ship Channel Baton Rouge to the Gulf of Mexico are not adequate to keep
international commerce moving without delays and light loadings.
Additional funds are needed to repair pile dikes, foreshore dikes and
jetties and some residual damage to structures from Hurricane Katrina.
Requesting Member: Congressman Rodney Alexander
[[Page 8800]]
Bill Number: H.R. 1105
Account: Energy and Water, Department of Energy
Legal Name of Requesting Entity: Louisiana Tech Universtiy
Address of Requesting Entity: Ruston, La
Description of Request: Bionanotechnology: Research and
Commercialization (LA). Three biorefinery projects will help invigorate
the economy in North Louisiana and decrease the entire nation's
dependency on fossil fuels. Louisiana Tech has world class expertise
including algae to biodiesel, cellulosic ethanol, and nanoengineered
fischer-tropsch catalysts.
____________________
A TRIBUTE TO CONSTANCE V. HAY-ALLEYNE
______
HON. EDOLPHUS TOWNS
of new york
in the house of representatives
Wednesday, March 25, 2009
Mr. TOWNS. Madam Speaker, I rise today in recognition of Constance V.
Hay-Alleyne.
Constance has lived life as a goal oriented and knowledgeable
Registered Nurse with ambitious and humanitarian social motivations.
Constance is well known in the Panamanian and Caribbean communities.
Her delightful intellectual curiosity has served her professional
growth well. She holds a BSN and MSN degrees from Medgar Evers College
in Brooklyn, New York and Georgetown University, in Washington D.C.,
respectively. She has distinguished herself as a competent Nurse
Manager and Administrator for over three decades, in the Brooklyn,
Manhattan, and Washington D.C areas. In 1981, she joined the United
States Army Nurses Corps, served as a Captain, active duty and in
reserve.
At home, Constance has raised her four children to love and respect
everyone especially their elders. She insufflated in them positive
outlooks in life and motivation to do ``as much as they can'' with care
and dignity. It could not be otherwise since this has been an
inheritance from her parents: John who died at the age of 114 and
Imogene, at age 82. Faithful to that motto, she has been involved in
many other activities such as a mediator at the Fafe Horizon Brooklyn
Mediation Center, as a Board Member of the Community Board 5 and as the
Chair for Education and Training for Tashia's Life, a lupus foundation.
She was miraculously rescued from the September 11, 2001 disaster at
WTI. This encounter made her redefine her mission on earth, realizing
that God had saved her life for some special purpose. She serves the
Lord at St. Alban's Episcopal Church in Canarsie, Brooklyn, where she
functions as a Lay Ecinencial Minister, as well as a Vestry.
Throughout her career, Mrs. Hay-Alleyne has received numerous awards
and recognitions including: being featured in ``Who's Who?'' in Nursing
in Cambridge.
____________________
IN RECOGNITION OF AREA HEALTH EDUCATION CENTERS (AHECs)
______
HON. KATHY CASTOR
of florida
in the house of representatives
Wednesday, March 25, 2009
Ms. CASTOR of Florida. Madam Speaker, I rise today to acknowledge the
contributions of the nation's Area Health Education Centers (AHECs) and
applaud the vitally important healthcare workforce programs they
conduct to improve access to healthcare for medically under-served
individuals.
AHECs, established by Congress in 1971 as one of the Title VII Health
Professions Training programs, are the workforce development, training
and education machine for the nation's healthcare safety net programs.
Across the nation, 54 AHEC programs and more than 200 affiliated AHEC
centers collaborate with over 120 medical schools and 600 nursing and
allied health programs to improve the quality, geographic distribution
and diversity of the primary care workforce.
Last year, AHECs facilitated the placement of more than 44,000 health
professional students in almost 17,000 community-based practice
settings nationwide including community health centers, rural health
clinics, critical access hospitals, tribal clinics and public health
departments. To address the growing shortage of health care
professionals in America, nearly 102,000 students received more than 20
hours of health career exposure, information, and academic enhancement
to prepare them for health professions training programs.
The University of South Florida's AHEC Program connects students to
careers, professionals to communities, and communities to better
health. The USF AHEC Program inspires youth to choose a career in the
health professions with its health career camps, mentoring programs,
college preparatory courses and more. USF focuses on recruiting more
minority and disadvantaged youth into health careers because as the
nation's population becomes more diverse, it is important that the
health care workforce reflects that diversity. AHECs in the Tampa Bay
area are dedicated to community service and committed to enhancing the
lives of Florida's most vulnerable populations who often go without
health care due to geographic isolation and economic or social status.
Local AHECs work tirelessly to ensure that no Floridian is without
timely access to quality health care, and last year alone more than
1,700 medical students from the USF AHECs provided more than 215,000
hours of care to an estimated 350,000 patients.
Not only have AHECs have supported the education of future
professionals, but they have supported more than 400,000 health
professionals caring for the medically under-served with programs
designed to enhance their skills, knowledge, and quality of care. AHECs
have awarded 1.1 million contact hours of continuing education programs
to current health professionals. AHECs extend the academic resources of
health professions training programs into rural and medically under-
served communities throughout the United States by creating
partnerships between the health science centers that train health
professions students, residents, faculty, and practitioners and the
local providers that care for our nation's increasing number of
medically under-served citizens.
Madam Speaker, through community-based interdisciplinary training
programs, AHECs identify, inspire, recruit, educate, and retain a
health care workforce committed to under-served populations. To that
end, I would like to take this opportunity to officially recognize
National AHEC Week, March 23 through March 27, 2009.
____________________
A TRIBUTE TO GLORIA COOKE
______
HON. EDOLPHUS TOWNS
of new york
in the house of representatives
Wednesday, March 25, 2009
Mr. TOWNS. Madam Speaker, I rise today in recognition of Gloria
Cooke, President of the AARP National Organization and community
activist.
Gloria Cooke was born and raised in Brooklyn, New York. Gloria
attended Franklin K. Lane High School, and completed her education at
Kingsborough College where she majored in computer technology.
Ms. Cooke attends Mt. Sion Baptist Church faithfully, under the
direction of Pastor Dan Craig.
Gloria was a care giver for her mother and brother before they
expired.
Gloria's love of her life is her only son Charles.
Ms. Cooke entered into the work force and became a leader in the
banking industry for a period of 36 years. She worked for Bankers Trust
for 25 years, and Chase Manhattan. She also is a member of Penn Wortman
Senior Center. Gloria is a community activist and enjoys volunteering
to help her community, neighbors and friends to help them in anyway she
can.
Ms. Cooke is the President of the AARP National Organization; she was
given the position in the AARP Chapter which was founded by Director of
Penn Wortman and Pink Senior Center Liz Sanders. The AARP Chapter
services the East New York community.
Her favorite hobby is travelling to the Caribbean Islands at least
three times a year which inspired her to become a travel agent.
____________________
A TRIBUTE TO BARBARA NICOLE HOWARD
______
HON. EDOLPHUS TOWNS
of new york
in the house of representatives
Wednesday, March 25, 2009
Mr. TOWNS. Madam Speaker, I rise today in recognition of Barbara
Nicole Howard, a Health Department Representative and distinguished
public servant.
Barbara Howard is a Health Department Representative for the NYC
Department of Health and Mental Hygiene's Public Health
[[Page 8801]]
Detailing Program. The Public Health Detailing Program works with
primary health care providers to improve patient care around key public
health challenges in the areas of NYC with healthcare disparities. Ms.
Howard provides medical providers with clinical tools and patient
education materials via one-on-one relationships to improve health
outcomes in the community.
Barbara Nicole Howard was born in the Bronx, New York to Henry and
Barbara Howard. The family moved to Staten Island shortly thereafter
due to the need for a larger apartment and the 1970's housing shortage.
Through the years, she volunteered at soup kitchens, homeless shelters,
HIV/AIDS programs, special needs children's organizations, and
hospitals; developing a heart for servicing the community.
Ms. Howard obtained a Bachelor's of Art Degree in Sociology and a
minor in Urban Affairs from Hunter College. After completing her
studies, she worked in Brooklyn for the Legal Aid Society as a Forensic
Social Work Assistant finding alternatives to incarceration for
clients. She was then afforded the opportunity to work with the NYC
Health and Hospital Corporation's Discharge Planning Program at Riker's
Island for the mentally ill population as a Discharge Planner. She also
had several promotions and worked as Supervisor of Discharge Planning /
Community Liason. Ms. Howard enrolled in Baruch College's Executive
Master of Public Administration program. Afterwards, Ms. Howard
recommitted to public service as Provider Liason for the NYC Department
of Health and Mental Hygiene's Early Intervention Program. After three
years with the Early Intervention Program, Ms. Howard devoted herself
to public health and began to work with the Public Health Detailing
Program.
Although, she continues to live in Staten Island, Ms. Howard has made
Brooklyn her second home. She works, worships, and has many friends
within Brooklyn. Ms. Howard is currently an active member of the
Brooklyn Tabernacle in downtown Brooklyn.
____________________
A TRIBUTE TO VANESSA HUGHES
______
HON. EDOLPHUS TOWNS
of new york
in the house of representatives
Wednesday, March 25, 2009
Mr. TOWNS. Madam Speaker, I rise today in recognition of Vanessa
Hughes.
Vanessa Hughes was born August 17, 1959 to Rose and Leonard Reid Sr.
She is the middle of five children and has two surviving brothers,
Jeffrey and Bruce, one sister Shelissa, and a deceased brother Leonard
Jr. Ms. Hughes attended neighboring schools, P.S. 260 and JHS 211. She
has worked to support her community throughout her life. Known for her
energy and enthusiasm, Ms. Hughes is the founder of the Community Based
Operations for All Neighborhoods, a community civic group whose motto
is ``Building Better Communities One Block at a Time.''
The need for community, social, recreational and education programs
was the structure for the implementation of C.B.O.F.A.N. A strong
advocate of children oriented activities and programs, Ms. Hughes
implemented an ``Annual Mardi Gras Health and Awareness'' event which
brought local programs such as the public library, Office of
Environmental Management and Parks Department to the community to
explain the services they offer.
As the current Grievance Committee Chairperson of the Brueuklen
Tenant Association, Ms. Hughes acts as a liaison between the community
residents and the management of the Breukelen Housing Development by
keeping abreast of the needs of the community and forwarding them to
the proper people to have them resolved.
As a community activist, Ms. Hughes can be found working with the
Breukelen Community Head Start Program, Breukelen Community Center,
elected officials, neighborhood businesses and her C.B.O.F.A.N. to
ensure that the needs of her community are met for the betterment of
the community.
Please join me Madam Speaker in recognizing Vanessa Hughes' passion
for public service.
____________________
A TRIBUTE TO LEORA KEITH
______
HON. EDOLPHUS TOWNS
of new york
in the house of representatives
Wednesday, March 25, 2009
Mr. TOWNS. Madam Speaker, I rise today in recognition of Leora Keith.
Mrs. Leora Keith is a widow and mother of four biological daughters.
She is the adoptive mother of two and a past foster mother. She is a
retired early childhood educator who served thirty seven years with the
New York City Board of Education. Mrs. Keith encouraged countless
children and their families, as she guided them towards successful
careers.
Mrs. Keith has been a member of the Upper Room Full Gospel Baptist
Church for more than thirty years, where she has served on the Usher
Board, as church clerk, worked with the youth and sings in the Senior
Choir. Through her work with her congregation, she has inspired many
with her commitment to family, community and church.
Mrs. Keith is affiliated with the Order of Eastern Star under the
Star of Bethlehem Grand Chapter where she held the titles of Matron and
a Deputy Grand Matron. She is a lifelong member of the National Council
of Negro Women Inc., where she served as Vice President of the Brooklyn
section. A member of the Brooklyn Reading Association, The New York
Alliance of Black School Educators, Board member of the Nascent
Victorian Place Cultural Center, which is a non-profit multi-cultural
center, dedicated to building links between communities. She is
currently President of Tompkins Houses Resident Association Inc., where
she partners with the Fresh Air Fund and Literacy Teen Reading partner
program. Mrs. Keith is also a member of the Cabs Home Attendants
Service Inc., and Continuous Quality Improvement committee.
Leora Keith received a Bachelor Degree in Professional Studies from
Pace University's Manhattan campus with a concentration in reading. She
has master credits from Touro Graduate School of Education and
Psychology in Early Childhood and Special Education.
Madam Speaker, please join me in recognizing the extraordinary level
of passion and commitment towards the betterment of our youth that
Leora Keith has given us.
____________________
A TRIBUTE TO CARMEN LOURDES MARTINEZ
______
HON. EDOLPHUS TOWNS
of new york
in the house of representatives
Wednesday, March 25, 2009
Mr. TOWNS. Madam Speaker, I rise today in recognition of Carmen
Lourdes Martinez, Director of the Community Action Center in the Office
of the New York City Comptroller.
Carmen was born in Santo Domingo, Dominican Republic; she immigrated
to Brooklyn, New York at the age of eight and is a product of the New
York City public school system. She is a graduate of the City
University of New York, having obtained a Bachelor of Science Degree in
Business Administration from Medgar Evers College and continued her
graduate studies in Public Administration at Brooklyn College.
Carmen is currently Director of the Community Action Center in the
Office of New York City Comptroller William C. Thompson, Jr. Since
joining the office on May 18, 1992, Carmen has rendered service to over
87,000 constituents, run the Comptroller's Foreclosure Intervention
Hotline, and served as Management Co-Chair of the Comptroller's Quality
of Work Life, Employees Recognition Committee.
Carmen's many personal awards and recognitions include: Aegis
Society, Inc. The Federation of African-American Civil Service
Organizations, Inc. Merit Award; National Association for Equal
Opportunity in Higher Education Distinguished Alumni Award; Caribbean
American Chamber of Commerce & Industry, Inc. 21st Century Visionary
Award; Brooklyn Borough President Outstanding Achievement Award;
Bedford Stuyvesant Community Legal Services Corporation Outreach Self-
Help Program Valedictorian and Outstanding Scholarship Award.
Outside of work, Carmen volunteers her time to grassroots activities
designed to advance the community. She is a Charter Member and a member
of the Board of Directors of the Brooklyn Metropolis Lions Club; a
Charter Member and former member of the Board of Directors of the
Central Brooklyn Federal Credit Union; Former Member of the Board of
Directors of the Central Brooklyn Partnership; participant in the New
York City Department of Education's Kids and the Power of Work Program
and volunteers as a judge for the New York City Working in Support of
Education, Quality of Life Program. Recently Carmen completed her third
term as President of the Alumni Association of Medgar Evers College.
Carmen reared three children as a single mother, Grace M. Benjamin,
Harry ``Jamie'' Martinez-Benjamin and Xiomara L. Maloney and is the
proud grandmother of three.
[[Page 8802]]
____________________
A TRIBUTE ROSEMARIE ARMSTEAD-LOWERY
______
HON. EDOLPHUS TOWNS
of new york
in the house of representatives
Wednesday, March 25, 2009
Mr. TOWNS. Madam Speaker, I rise today in recognition of Rosemarie
Armstead-Lowery, educator and community activist.
Rosemarie Armstead-Lowery has always been a child of her community.
Community has shielded her, nurtured her, and allowed her the freedom
to be herself in a world where the expectations of others often times
limit one's horizon. The major influences of her life have been family
and Church and they, in that order, are responsible for much of who she
has become. For the last sixty of her seventy years, she has found her
niche in serving that community that has nurtured her. She has been
teaching the youngsters of her community for almost fifty years.
Rosemarie has been a Day Care director at the Horace E. Greene Day Care
Center in the Bushwick section of Brooklyn at a time of transition for
child care. She implemented a change in school-age programming which
made her center one of the model programs for city wide school-age
programs.
After her directorship in daycare, Ms. Lowery returned to the
classroom in the public school where she spent the next 12 years
nurturing the students in her care at P. 335 in the Bedford Stuyvesant
section of Brooklyn. She considered her job to be a facilitator, one
who made learning both possible and enjoyable. It was her
responsibility to show youngsters that learning was fun and that they
could soar beyond their wildest dreams if they were willing to put
forth the effort. Rosemarie was judged a nonconformist by some of her
peers because of her unorthodox methods for reaching her students, but
in the end the success of her students was her vindication.
In 1988, Ms. Lowery decided to embark on a venture of her own and
opened The Learning Center of Bedford Stuyvesant in a brownstone in
Bedford Stuyvesant. The independent school was in response to the
desire of parents for an alternative to the public school. The
individualization of the learning process for each student was its
strength. The program was based on an eleven month curriculum where
travel was an important component. The students were encouraged to
study and become part of the culture they visited. They have traveled
to Canada, Alaska, Mexico, Puerto Rico, Washington D.C., Virginia and
around the local tri-state area. Unfortunately, the Learning Center
closed at the end of its twentieth year because Ms. Lowery has turned
yet another page.
In the summer of 2007, the Roman Catholic Diocese of Brooklyn/Queens
created a new tri-Church configuration by combining the parishes of
Holy Rosary, our Lady of Victory, and St. Peter Claver into a new tri-
church Parish called St. Martin de Porres. Ms Lowery was hired as the
Temporalities Manager. Her function is to act as a business manager of
the newly formed Parish. She is currently responsible for the fiscal
and temporal care of the Parish and its facilities. Times change, and
circumstances along with them, but the opportunity to meet life head-on
continues to present itself each day and for this she is eternally
grateful.
____________________
A TRIBUTE TO RUTH SIBLER
______
HON. EDOLPHUS TOWNS
of new york
in the house of representatives
Wednesday, March 25, 2009
Mr. TOWNS. Madam Speaker, I rise today in recognition of Ruth Sibler,
a dedicated public servant for 26 years.
Ruth Sibler is a volunteer at Public School 273 in New York City. She
was born in Brooklyn, New York and has lived in Brooklyn for seventy-
three years.
Ms. Sibler has worked diligently for the Teamster's Union for the 26
years prior to her retirement, and death of her husband, Mr. Sibler.
Following her retirement, Ms. Sibler volunteered with P.S. 273 to
assist in the library.
Ms. Sibler considers volunteering in school the ``love of her life'',
along with her children and grand-children, and brings a constant
youthful insightfulness to her volunteer work.
Madam Speaker, Please join me in recognizing Ruth Sibler for her time
and dedication to public service.
____________________
A TRIBUTE TO ZENOBIA C. WHITE
______
HON. EDOLPHUS TOWNS
of new york
in the house of representatives
Wednesday, March 25, 2009
Mr. TOWNS. Madam Speaker, I rise today in recognition of Zenobia
White.
Zenobia always knew that after high school she wanted to do something
meaningful. After successfully completing four years at Beach Channel
High School in Far Rockaway, New York with honors, she enlisted with
the United States Army as an Army Supply Specialist and served four
years in Germany.
After leaving the Army, Zenobia worked for the New York City
Corrections Department working in prison complexes across the city
including Riker's Island, Brooklyn's Men's House of Detention and Kings
County Hospital's prison ward.
Zenobia White married James White and the couple had two children,
Daryl and Jameha White.
Ms. White continued to work for New York City with the Health and
Hospital Corporation and the Metro Plus Health Plan. In this position
she enrolled over two hundred families for the East New York D&TC. As a
recognized community activist, she joined the community board of the
East New York D&TC, where she remains active.
Ms. White now works as a Medicare sales representative for the Emblem
health plan, where working for senior citizens has become one of her
greatest joys.
Zenobia White holds the position of Vice President for Sister Sister
In-law, a women's group which assists and mentors young women in their
communities.
Please join me, Madam Speaker, in recognizing Ms. White's proven
record in service to her community.
____________________
A TRIBUTE TO AWILDA ROSARIO
______
HON. EDOLPHUS TOWNS
of new york
in the house of representatives
Wednesday, March 25, 2009
Mr. TOWNS. Madam Speaker, I rise today in recognition of Awilda
Rosario, a woman committed to the dignified care of the aging in her
community.
Awilda Rosario was born in Fajardo, Puerto Rico on December 3, 1951.
She grew up with her mother, step-father and three sisters. Early on
she was irresistibly attracted to reading and learning about the world
and how people live. During her high school years, inspired by her
Spanish Literature teachers, she discovered her love for human studies.
After graduating from high school in the town of Loiza, she attended
the University of Puerto Rico where she completed a Bachelors degree in
Spanish Literature with a minor in Sociology.
After teaching Spanish Literature at the high school level, Ms.
Rosario decided to immigrate to New York, invited by one of her cousins
who already lived there. Once in New York, she started to connect with
her ex-classmates and friends who helped her land her first job.
Because there are no accidents, that first job was as a Caseworker at
Diana Jones Senior Center in Williamsburg, Brooklyn. Her position
afforded her the opportunity to work with community groups to advocate
on behalf of the elderly.
At that moment, just emerging from the 70's, the New York City
Department for the Aging was not as yet the developed and diverse
agency that it is today. The needs of the minority elderly, especially
those unable to understand the complexity of the benefits and
entitlement programs went mostly unmet. Many minority elderly
individuals simply did not apply for benefit programs because they did
not know they existed. Even if they knew, they didn't know how to apply
for them. For this reason, she joined forces with Mr. Ed Mendez-
Santiago, who would later be appointed the Commissioner for the New
York City Department for the Aging. The organization he founded, the
Spanish Speaking Elderly Council-Raices, became a forerunner for
advocacy and expansion of services that made benefits and entitlement
programs accessible to the minority elderly. She held the position of
Chairperson of the Board for a good number of years.
After a few years of working as a caseworker, Ms. Rosario was
appointed as the Director of the North Brooklyn meals-on-wheels
program, also funded by the Department for the Aging and sponsored by
Wartburg Lutheran Home for the Aging. During that time Ms. Rosario
became very active with the community and served as a member of the
Board of Directors of several organizations including the New York
State Office for the Aging, Vision for the Blind, East New York
Interagency Council and the Brownsville-Ocean Hill Interagency Council.
[[Page 8803]]
After completing her Masters in Social Work and Administration at
Hunter College, Wartburg Lutheran offered her the position of Director
of Adult Day Health Care program which she held until several years
ago. After 21 years with Wartburg, Ms. Rosario came to work with
Brooklyn United Methodist Church Home to serve as Director of their
Adult Day Care Program. As always, she continues to enjoy her work with
the elderly and with those whose needs can be met by the services
offered by this program. She is grateful to Brooklyn United Methodist
for the opportunity to continue working with the community and doing
what she likes.
____________________
SENATE COMMITTEE MEETINGS
Title IV of Senate Resolution 4, agreed to by the Senate on February
4, 1977, calls for establishment of a system for a computerized
schedule of all meetings and hearings of Senate committees,
subcommittees, joint committees, and committees of conference. This
title requires all such committees to notify the Office of the Senate
Daily Digest--designated by the Rules Committee--of the time, place,
and purpose of the meetings, when scheduled, and any cancellations or
changes in the meetings as they occur.
As an additional procedure along with the computerization of this
information, the Office of the Senate Daily Digest will prepare this
information for printing in the Extensions of Remarks section of the
Congressional Record on Monday and Wednesday of each week.
Meetings scheduled for Thursday, March 26, 2009 may be found in the
Daily Digest of today's Record.
MEETINGS SCHEDULED
MARCH 31
9:30 a.m.
Agriculture, Nutrition, and Forestry
To hold hearings to examine Federal school meal programs,
focusing on nutrition for kids in schools.
SR-328A
10 a.m.
Commerce, Science, and Transportation
To continue hearings to examine health insurance industry
practices.
SR-253
Finance
To hold an oversight hearing to examine a six month
update on the Troubled Asset Relief Program (TARP).
SD-215
Homeland Security and Governmental Affairs
Oversight of Government Management, the Federal Workforce,
and the District of Columbia Subcommittee
To hold hearings to examine the Office of the Chief
Financial Officer, focusing on the progress it has made
since the financial crisis of the 1990s, the financial
management challenges in the years ahead, and the steps
that are being taken to address those challenges.
SD-342
Environment and Public Works
Water and Wildlife Subcommittee
To hold hearings to examine Environmental Protection
Agency's role in promoting water use efficiency.
SD-406
2:15 p.m.
Foreign Relations
Business meeting to consider pending calendar business.
S-116, Capitol
2:30 p.m.
Banking, Housing, and Urban Affairs
Economic Policy Subcommittee
To hold hearings to examine lessons from the New Deal.
SD-538
2:45 p.m.
Foreign Relations
Near Eastern and South and Central Asian Affairs
Subcommittee
To hold hearings to examine the return and resettlement
of displaced Iraqis.
SD-419
APRIL 1
9:30 a.m.
Armed Services
To hold hearings to examine United States policy toward
Afghanistan and Pakistan.
SD-106
Small Business and Entrepreneurship
To hold hearings to examine the nomination of Karen
Gordon Mills, of Maine, to be Administrator of the
Small Business Administration.
SR-428A
10 a.m.
Environment and Public Works
Clean Air and Nuclear Safety Subcommittee
To hold an oversight hearing to examine the Environmental
Protection Agency's renewable fuel standard.
SD-406
Health, Education, Labor, and Pensions
Business meeting to consider pending calendar business.
SD-430
Appropriations
State, Foreign Operations, and Related Programs
Subcommittee
To hold hearings to examine assistance for civilian
casualties of war.
SD-138
Veterans' Affairs
To hold hearings to examine the nomination of W. Scott
Gould, of the District of Columbia, to be Deputy
Secretary of Veterans Affairs.
SR-418
2 p.m.
Agriculture, Nutrition, and Forestry
To hold hearings to examine pending nominations.
SR-328A
2:30 p.m.
Judiciary
To hold hearings to examine the nominations of David F.
Hamilton, of Indiana, to be United States Circuit Judge
for the Seventh Circuit, and Ronald H. Weich, of the
District of Columbia, to be an Assistant Attorney
General, Department of Justice.
SD-226
Armed Services
Personnel Subcommittee
To hold hearings to examine the implementation of Wounded
Warrior policies and programs.
SD-106
APRIL 2
10 a.m.
Homeland Security and Governmental Affairs
To hold hearings to examine recovery and reinvestment
spending.
SD-342
APRIL 22
2:30 p.m.
Veterans' Affairs
To hold hearings to examine pending health related
legislation.
SR-418
MAY 6
9:30 a.m.
Veterans' Affairs
To hold hearings to examine pending benefits related
legislation.
SR-418
MAY 21
9:30 a.m.
Veterans' Affairs
Business meeting to markup pending legislation.
SR-418