March 25, 2009 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 7 8503 SENATE—Wednesday, March 25, 2009

The Senate met at 9:30 a.m. and was SCHEDULE Foreign Service in 1971, beginning a ca- called to order by the Honorable TOM Mr. REID. Mr. President, following reer that would take him to diplomatic UDALL, a Senator from the State of leaders’ remarks, we are going to have posts in Iran, Qatar, Egypt, Lebanon, New Mexico. morning business for up to 1 hour. The and Iraq. Ambassador Crocker served first 30 minutes will be controlled by as Ambassador to Syria, Kuwait, Leb- PRAYER the Democrats and the Republicans anon, Pakistan, and, most recently, The Chaplain, Dr. Barry C. Black, of- will control the second 30 minutes. Iraq. Clearly, he has not shied away fered the following prayer: During that time, Senators will be al- from a challenge. And he has excelled Let us pray. lowed to speak therein for up to 10 at every one. Most holy and gracious God, who minutes each. Earlier in his career, Ambassador turns the shadow of night into morn- Following morning business, we will Crocker served in Lebanon during the ing, thank You for the gift of this new proceed to, once again, take up the Na- Israeli invasion of 1982 and the bomb- day. As we work for You and country, tional Service Reauthorization Act, ing of the U.S. Marine barracks in let the light of Your countenance shine H.R. 1388. At noon, we are going to vote 1983—experiences from which he would upon our lawmakers, calming their on the confirmation of David Kris to be later draw important lessons while troubled thoughts and guiding their Assistant Attorney General. We have a serving in Iraq, particularly in 2007, feet in the way of peace. Lord, give special Democratic caucus from 12:30 to when Shia militias and Sunni insur- them the ability to see the small 2 p.m. today. The President will be at gents fed sectarian tensions and tribal things that need their attention and that caucus. After the caucus, the Sen- feuds. the courage to see the things that are ate will resume consideration of the Ambassador Crocker’s career spanned not and ask ‘‘Why not’’? Turn their national service legislation. Rollcall the entire Middle East and recent U.S. minds and hands to the tasks that votes are expected to occur throughout history. But he will undoubtedly be re- bring glory to Your Name, and may the afternoon. We are not going to be membered most for his service in Iraq. their words and thoughts be acceptable in recess from 12:30 to 2 p.m. Success in Iraq was never ensured, but to You. May the knowledge of Your I suggest the absence of a quorum. it was made far more likely by the blessings to our Nation awaken in The ACTING PRESIDENT pro tem- presence of Ryan Crocker. As Ambas- them a deeper commitment to You. pore. The clerk will call the roll. sador from March 2007 to February We pray in Your wonderful Name. The assistant legislative clerk pro- 2009, he was instrumental in carrying Amen. ceeded to call the roll. out the diplomatic tasks required to implement the counterinsurgency f Mr. REID. Mr. President, I ask unan- imous consent that the order for the strategy, and to successfully defend PLEDGE OF ALLEGIANCE quorum call be rescinded. that strategy before a skeptical Con- The Honorable TOM UDALL led the The ACTING PRESIDENT pro tem- gress. He also carried out the negotia- Pledge of Allegiance, as follows: pore. Without objection, it is so or- tion that produced the Status of Forces Agreement, and he helped Iraqis I pledge allegiance to the Flag of the dered. United States of America, and to the Repub- Mr. REID. Mr. President, we will be through provincial elections. In all lic for which it stands, one nation under God, in recess from 12:30 until 2 p.m. I said this, Ambassador Crocker forged a indivisible, with liberty and justice for all. that we would not be, but there is al- strong partnership with GEN David Petraeus that protected our Nation’s f ready an order to that effect. I wanted to explain that. interests in Iraq at a moment of peril. APPOINTMENT OF ACTING Ryan Crocker has served his Nation PRESIDENT PRO TEMPORE f with honor, and our country owes him The PRESIDING OFFICER. The RECOGNITION OF THE a debt. He is a diplomat’s diplomat, the clerk will please read a communication REPUBLICAN LEADER best of the best, and a tribute to the State Department that he has served. to the Senate from the President pro The ACTING PRESIDENT pro tem- tempore (Mr. BYRD). He is also a very fine man, and I wish pore. The Republican leader is recog- him well in retirement and the best of The legislative clerk read the fol- nized. lowing letter: luck in the future. Ambassador Crock- f er may be leaving the stage, but his U.S. SENATE, service to our Nation will not be for- PRESIDENT PRO TEMPORE, AMBASSADOR RYAN CROCKER Washington, DC, March 25, 2009. gotten. To the Senate: Mr. MCCONNELL. Mr. President, it is I yield the floor. Under the provisions of rule I, paragraph 3, appropriate for us to honor, from time The ACTING PRESIDENT pro tem- of the Standing Rules of the Senate, I hereby to time, outstanding public servants pore. The Senator from California is appoint the Honorable TOM UDALL, a Senator whose work on behalf of the American recognized. from the State of New Mexico, to perform people might otherwise be overlooked. Mrs. BOXER. Mr. President, what is the duties of the Chair. Next week, Ambassador Ryan Crock- the order? ROBERT C. BYRD, er will return home to Washington f President pro tempore. State after a remarkable career pro- Mr. UDALL thereupon assumed the moting America’s interests abroad. In RESERVATION OF LEADER TIME chair as Acting President pro tempore. a career spanning nearly 40 years, Am- The ACTING PRESIDENT pro tem- f bassador Crocker has represented the pore. Under the previous order, leader- United States in some of the most ship time is reserved. RECOGNITION OF THE MAJORITY challenging environments. So it is fit- f LEADER ting that we pause to honor him for a The ACTING PRESIDENT pro tem- job well done. MORNING BUSINESS pore. The majority leader is recog- A graduate of Whitman College in The ACTING PRESIDENT pro tem- nized. Washington, Ryan Crocker joined the pore. Under the previous order, the

● This ‘‘bullet’’ symbol identifies statements or insertions which are not spoken by a Member of the Senate on the floor.

VerDate Mar 15 2010 12:05 Aug 01, 2011 Jkt 079102 PO 00000 Frm 00001 Fmt 0686 Sfmt 0634 E:\BR09\S25MR9.000 S25MR9 erowe on DSK5CLS3C1PROD with BOUND RECORD 8504 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 7 March 25, 2009 Senate will proceed to a period of ality, honesty, integrity, and invest- Make no mistake, these higher rates will morning business for up to 1 hour, with ments that have to be made. What are cost jobs. Senators permitted to speak therein we getting from our Republican Wrong—23 million jobs created. for up to 10 minutes each, with the friends? We are getting just what we How about Senator Phil Gramm, one time equally divided and controlled be- got when the Clinton budget passed of the leaders of the Republicans in the tween the two leaders or their des- without one Republican vote. I want to Senate at the time of the Clinton budg- ignees, with the majority controlling take us back to that because I think it et that created 23 million jobs, took the first half and the Republicans con- is very interesting, intriguing, and en- the deficit, turned it into surplus, what trolling the second half. lightening to see what our Republican did he say? The Senator from California is recog- friends said about the last Democratic I want to predict here tonight that if we nized. President’s budget. You would have adopt this bill, the American economy is f thought the sky was falling. You would going to get weaker and not stronger, the have thought the universe would never deficit 4 years from today will be higher than THE BUDGET it is today and not lower. . . . When all is survive. I have some of the quotes they Mrs. BOXER. I came to the floor to said and done, people will pay more taxes, made about the Clinton budgets. the economy will create fewer jobs, Govern- talk about the budget debate. I think it If people will remember, Al Gore, as is very important that we let the ment will spend more money, and the Amer- Vice President, had to come over here ican people will be worse off. American people know where we are on and cast the tie-breaking vote on that the budget and what this debate is Wrong. Phil Gramm was wrong. Oh, budget. Here is what happened as a re- Phil Gramm, he is the one who said really all about. sult of that budget; we will talk about We have a new President and we have this recession was in our minds. that first. As a result of the Clinton Here is another quote of Phil a new budget, thank goodness. We have budget, we saw 23 million new jobs cre- a budget that reflects the hopes and Gramm—remember, he was a leader of ated in this country—not millions of the Republicans then—talking about dreams of the American people. We jobs lost but 23 million jobs created. have a budget that is going to cut the the Clinton budget that created 23 mil- What happened to the deficit under the deficit in half by the time this Presi- lion jobs and cut our deficit and turned Clinton budget? It went down, down, dent’s term is over. We have a budget it into a surplus: down, and we wound up with a surplus. that is absolutely open in terms of the . . . [T]his program is going to make the We voted for the Clinton budget, the way it spends our money and the way economy weaker. . . . Hundreds of thousands first Democratic budget in a while, and it saves our money. of people are going to lose their jobs as a re- It is important that we take a look what happened? Twenty-three million sult of this program. at the type of economy this young new jobs were created and the budget Guess what he also said: President inherited: Record deficits. was in balance. I believe that hundreds of thousands of As a matter of fact, George W. Bush, Record deficits that President George people are going to lose their jobs as a result when he took the keys to the Oval Of- W. Bush’s own party supported. It is of this program. I believe that Bill Clinton will be one of those people. very important that we remember that fice, had a surplus. What happened when George W. Bush got the key to with the Republican rule? Deficits as Bill Clinton got reelected and the the Oval Office, we had surpluses. Then far as the eye can see. These are the economy created 23 million jobs, the we saw a 50-percent increase in spend- facts. This isn’t rhetoric—debt of $10 deficits went down, we had a surplus, ing. We saw a debt that was about to be trillion, $11 trillion. and the debt was almost eviscerated. Let’s look at what the Republicans put away go up in major proportions. What did our good friend CHUCK said about the Clinton budget that we We are seeing the playing out of the GRASSLEY say? CHUCK GRASSLEY is our know, because time has passed, history worst recession since the Great Depres- good friend. He has taken a lead sion, a financial market in crisis, and a has shown, created 23 million jobs, against this budget document. He is housing market in crisis because of the stopped the deficits, turned them into one of the leaders against the Obama deregulation that was the centerpiece surpluses, and got the debt going on budget. Let’s see what he said about of George W. Bush’s and the Repub- the way down. What did our Repub- the Clinton budget that created 23 mil- licans’ leadership. lican friends say then? lion new jobs and cut the deficits, We are paying the price of those Wayne Allard said then as a Rep- turned them into surpluses, and had years today. We have a young Presi- resentative: the debt going down, one of the most dent who came into office and said: Be In summary, the plan has a fatal flaw—it prosperous times in our history as a re- patient, we are going to change the does not reduce the deficit. sult of the Clinton budget. What did way we do business in this country. Wrong. Wrong. Wayne Allard contin- CHUCK GRASSLEY say? And we are going to do that. We start- ued: I really do not think it takes a rocket sci- ed with the stimulus bill that got not So we are still going to pile up some more entist to know this bill will cost jobs. one Republican vote on the House side, debt, but most of all, we are going to cost Wrong. although some of my Republican jobs in this country. Connie Mack, another leader, a friend friends over there are running around That is what Republican Wayne of mine, now retired, a Republican my State taking credit for the bill they Allard said about the Clinton budget— leader—this is what he said about the voted against. We had three Repub- ‘‘. . . we are still going to pile up some Clinton budget: licans over here, whom I praise might- more debt, but most of all, we are This bill will cost America jobs, no doubt ily for having the courage to do the going to cost jobs. . . .’’ Wrong—23 mil- about it. right thing and get this economy back lion jobs created. Bill Roth said: Senator Pete Domenici said of the on track. It will flatten the economy. . . . I am con- We have seen the loss of 3.3 million Clinton budget that created 23 million cerned what it will do to jobs. I am con- jobs in the last 6 months. The Presi- jobs and turned the deficit into a sur- cerned what it will do to our families, our dent is dealing with two ongoing wars plus: communities, to our children’s future. that, by the way, were never paid for in It’s just a mockery. Senator Roth was wrong—23 million the budget. They were taken off the Our friend, Senator ORRIN HATCH, a jobs created, one of the most pros- budget. He now puts them in the budg- leader of the Republicans, still here perous times in our Nation’s history, et so that the American people can see and going strong, I am happy to say, he deficits went down, debt on the way the truth. President Bush put them in is my friend—he said: out. emergency spending even though we Make no mistake, these higher rates will So our Republicans have a visceral knew he needed to fund them. cost jobs. reaction when there is a Democratic What we have in the President’s Talking about the Clinton budget President. They come and they exco- budget is a refreshing change of re- and the taxes in it. riate our Democratic President, and

VerDate Mar 15 2010 12:05 Aug 01, 2011 Jkt 079102 PO 00000 Frm 00002 Fmt 0686 Sfmt 0634 E:\BR09\S25MR9.000 S25MR9 erowe on DSK5CLS3C1PROD with BOUND RECORD March 25, 2009 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 7 8505 they are wrong. They are wrong. Look The American people had a choice in treatment. You have to pick between at the record. This is the beauty of November. They had a choice in Senate those two treatments to cure this can- what I am saying. I do not have to de- races, they had a choice in House races, cer. It is a hard choice. Our President fend it. I know what they said, and I they had a choice in the Presidential faces very hard choices when it comes know what happened to the economy. race. Did they want the same old poli- to straightening out this mess. But the Newt Gingrich—still a major leader tics, did they want the same old poli- American people want him to try and in the Republican Party, some people cies that got us into the crisis? Guess try he is. say the leader—about the Democratic what they said. They wanted change, If we can get these bad assets off the President’s budget, Bill Clinton: ‘‘It and they are getting change. We have hands of these banks and get them will kill jobs.’’ Wrong. It will ‘‘lead to the same rhetoric flowing from my lending again, we basically save the fi- a recession, and the recession will force friends on the other side of the aisle. I nancial system. If we don’t save the fi- people off of work and onto unemploy- thought they were going to change the nancial system, we are going to have to ment and will . . . increase the def- image of their party. I thought they take it over. This President does not icit.’’ Wrong. were going to change the message of want to do that and I do not want to do John Kasich—we have seen him on their party. It is the same old stuff. that and I do not think most Ameri- television a lot. He was a leader then in You could substitute a name for a cans want that. So he is doing what it the Republican Party. This is what he name. It is the same thing they are takes. said about Bill Clinton’s budget, not saying about the Barak Obama budget The housing crisis—I am so happy to dissimilar to the Barak Obama budget that they said about the Clinton budg- hear people are refinancing. It is very in the sense that it is a plan to cut the et, and it doesn’t fly because our new important. That is going to put more deficit and make investments—make President understands we have to money in the pockets of people. It is good investments. This is what he said: make some changes. He understands we going to make it more affordable for This plan will not work. If it was to work, them to stay in their homes. I’d have to become a Democrat . . . need to invest in America’s future, in jobs, in health care, in energy inde- Our President has a budget blueprint John, if you are watching me, it is pendence, and in education. to get us out of this mess. We all know your time because the plan worked—23 We know the deficit predictions are he is not going to get every line in million jobs. You didn’t become a Dem- different coming out of the Congres- there he wants. He knows that. Senator ocrat. You said you would. CONRAD is working with him. We will Peter King—what did Peter King say sional Budget Office than they are have a reserve fund in there for the about the Clinton budget that created coming out of the White House office. things we want to do for health care 23 million jobs and cured the deficit Everybody knows we are going to ad- and energy, and I am going to work problem? just this budget here and there to very hard so we can, in fact, have a [I]t is because of budgets such as this that make sure the numbers reflect reality. the economy is going to be damaged. This President understands that. I cap-and-trade system that brings fund- ing in and puts people to work, it gets Wrong. Wrong. watched him at his press conference. Flash forward. We know what hap- He said: What I care about is jobs, us off dirty energy. We will have the pened under Bill Clinton. We know health care, energy independence, edu- ability to do that. The point is, this about the 23 million jobs. We know cation, and deficit reduction, he added. President deserves to have his prior- what happened to the debt. It went That is a major focus of his agenda. He ities in place. down. We know what happened to the says: As long as I get jobs, health care, I wish to say in closing to my Repub- deficits. They turned into surpluses. energy independence, education, and lican friends: Go back a few years in George W. Bush takes the White House, deficit reduction, I am a happy person. time. See how wrong you were. Admit the Republicans take over, and what The President is coming today to the that you were wrong. Then go back and happened? The worst recession since Hill to meet with us. I am very much see what you said about the Bush budg- the Great Depression, terrible loss of anticipating his presentation. et. I didn’t get a chance to go through jobs, deficits record high, which they We know what this President inher- those quotes. I will do that the next never complained about, debt record ited. We know the fiscal mismanage- time I take the floor. When the Bush high. We get a new President who ment. We know the misplaced prior- budget came down and we saw what comes in and says: I have a plan to ities. We know, we know, we know. The happened with the Bush budgets, they turn it all around. What do they do? American people understand that is were adopted by Republicans, and they They come down to the floor with the why this President, despite getting received lots of votes from their side, same old politics. pounded day after day on this floor, on unanimous. All we had out of that was If I gave you the quotes I am hearing the airwaves, and on conservative talk unemployment and deficits. They said: of my colleagues—Senator SHELBY is shows, is still maintaining a strong Oh, this is going to be a great budget. all over, they are all over the place— majority of Americans who say: Give They are wrong. They have been disaster, Armageddon, the world is end- this man a chance. wrong—wrong on the Clinton budget, ing, we are going to lose jobs, we are Who else in history inherited two wrong on the Bush budget, and now going to have deficits as far as the eye wars and the biggest economic night- they are wrong on the Obama budget. can see; what a nightmare. It is the mare since the Great Depression? No- As one Senator, I wish to say this: I same old politics and, by the way, the body. The wars were not of his making, never forget. I forgive all the time, but same old policies, which is tax breaks and the economic mess is not of his I never forget. I have these quotes. for the wealthiest among us, shorting making. He is addressing them. He ad- They are real. They are in the RECORD. the investments that the people of this dressed it in the stimulus package that I am going to bring them out con- country need, not tackling health care, is going to start to pay off for us. stantly. not tackling energy, not tackling edu- It is tough times, but he is doing Remember, when you hear these Re- cation—all the things this President what has to be done. He went forward publicans come out and trash Barak wants—not tackling the deficits, and and he said: You know what, I have a Obama’s budget, it is the same thing we have to know they got us into this plan to get these banks on their feet. they did to the Clinton budget and crisis. He was honest. He said: I have bad they were wrong—wrong then and they I do not enjoy reiterating all of this choices and worst choices. are wrong now. because it brings back some fights I If there is a tragedy in our families We have to give this President the was in. But I am going to do it every and we find out one of our loved ones support he needs. Not that we are going day as long as I hear the same rhetoric, has cancer and the doctor comes to us to give every line—I don’t agree with the same politics, the same policies and says: There are two treatments. every line in it—but basically the that got us into this mess in the first There is a tough chemotherapy treat- thrust of what he wants, the invest- place. ment and there is a tough radiation ments and the deficit reduction.

VerDate Mar 15 2010 12:05 Aug 01, 2011 Jkt 079102 PO 00000 Frm 00003 Fmt 0686 Sfmt 0634 E:\BR09\S25MR9.000 S25MR9 erowe on DSK5CLS3C1PROD with BOUND RECORD 8506 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 7 March 25, 2009 Mr. President, I yield the floor, and I selves of all appropriate procedural The legislative clerk proceeded to suggest the absence of a quorum. methods to ensure that is the case. call the roll. The ACTING PRESIDENT pro tem- Mr. President, I thank you for the Mr. ALEXANDER. Mr. President, I pore. The clerk will call the roll. time this morning, and I ask unani- ask unanimous consent the order for The assistant legislative clerk pro- mous consent to have printed in the the quorum call be rescinded. ceeded to call the roll. RECORD the letter signed by all 41 Re- The ACTING PRESIDENT pro tem- Mr. CORKER. Mr. President, I ask publican Senators. pore. Without objection, it is so or- unanimous consent that the order for There being no objection, the mate- dered. the quorum call be rescinded. rial was ordered to be printed in the Mr. ALEXANDER. Would the Chair The ACTING PRESIDENT pro tem- RECORD, as follows: please advise me when I have used 10 pore. Without objection, it is so or- U.S. SENATE, minutes. dered. Washington, DC, March 24, 2009. The ACTING PRESIDENT pro tem- Hon. HARRY REID, f pore. The Chair will do so. Majority Leader, U.S. Senate, APPROPRIATIONS PROCESS Washington, DC, f DEAR MAJORITY LEADER REID: As you de- THE BUDGET Mr. CORKER. Mr. President, I rise velop the legislative calendar for the rest of today to talk about the appropriations this fiscal year we believe it is critical to al- Mr. ALEXANDER. Mr. President, one process we conduct here in the Senate, locate an appropriate amount of time for the of the encouraging things that hap- and have come here, as you have, in Senate to consider, vote and initiate the con- pened in Washington this year is that the not too distant past and been abso- ference process on each of the twelve appro- the President sent us a budget that was lutely amazed by the lack of fiscal dis- priations bills independently through a de- more transparent and more open than cipline that exists here in Washington. liberative and transparent process on the previous budgets. It was a 10-year Senate floor. I know the Presiding Officer probably For a variety of reasons, over the past sev- budget instead of 5 years. It gave us a shares some of my views about the way eral years, the Senate has failed to debate, blueprint for the future in that way, we go through the appropriations proc- amend and pass each of the bills separately the way we ought to be thinking about ess and the fact that at the end of the prior to the end of the fiscal year. Far too things. It included some things that year, on many occasions, we end up often this has resulted in the creation of om- had not been included before: the cost with a large omnibus bill that does not nibus appropriations bills that have been of the war; the so-called AMT fix—to give the American public, certainly not brought to the floor so late in the fiscal year address the millionaire’s tax the Con- that Senators have been forced to either pass Senators and House Members, the abil- a continuing resolution, shut down govern- gress passed in the 1960s designed to ity to actually go through this process ment or consider an omnibus bill. These om- catch 155 people who were not paying in a thoughtful way that respects the nibus bills have not allowed for adequate any taxes, but today will catch 28 mil- fact that these are our citizens’ re- public review and have clouded what should lion people, mostly middle-class Amer- sources which we tend to bulk together otherwise be a transparent process. As our icans, unless we fix it; and what around in a way that it is not transparent. President said on March 11, 2009, he expects here is irreverently called the ‘‘doc Our President, on March 11—and I future spending bills to be, ‘‘. . . debated and fix,’’ to deal with the mandated 20-per- voted on in an orderly way and sent to (his) agree with him very much on this— desk without delay or obstruction so that we cent cut in what Medicare pays its phy- said that future spending bills should don’t face another massive, last minute om- sicians. That cut in physician pay- be debated and voted on in an orderly nibus bill like this one.’’ ments is not going to happen, we know way and sent to his desk without delay The Senate should begin floor consider- that, so the President included that in or obstruction so we don’t face another ation of the appropriations bills during the the budget. There was money for help- massive last-minute omnibus bill like early summer months to ensure that an ap- ing to fix the banks, to get the toxic this one—and he was talking about the propriate amount of time is available to ex- assets out of the banks and get credit amine, debate and vote on amendments to bill that we passed. I could not agree the bills. We believe the Senate should pass flowing again, get the economy moving more with the President in that regard. at least eight of the appropriations bills by again, and that was in the budget. I think what we have seen is that we the August recess. In order to press for a On big issues like health care, the have not had the ability to examine more transparent process, we will consider President said: Let’s work in a bipar- the thousands of earmarks that are using all available procedural tools to guar- tisan way. I invite the Congress to placed in these bills. We have not had antee regular order for appropriations bills. come up with a bill. Many Members of Noting our intentions, we hope you will a process that is transparent. In an ef- plan accordingly as you work with the lead- Congress said the same thing. The fort to aid this process in such a man- ership of the House to develop the legislative President held a health care summit ner that we do have some degree of fis- calendar for the rest of this fiscal year. earlier this month. I agree with the cal discipline in this body, 41 Repub- Thank you for your time and consideration. President we should try to reform lican Senators have signed a letter Sincerely, health care this year. Most Repub- which states that we believe that by Bob Corker; Thad Cochran; John McCain; licans agree with that, that we need to the August recess at least eight appro- Judd Gregg; Roger F. Wicker; Jeff Ses- make it possible for every single fam- priations bills should be voted on in sions; David Vitter; Jim DeMint; John ily to afford health insurance. People Thune; Lindsey Graham; Lamar Alex- singular fashion—eight single bills by ander; John Ensign; Saxby Chambliss; who are losing their jobs today or were the August recess. James M. Inhofe; Tom Coburn; Robert between jobs ever understand what dif- This body has on many occasions F. Bennett; Jon Kyl; Richard Burr; Mel ficulty this causes families. So that taken up each appropriations bill by Martinez; James E. Risch; John Bar- was encouraging. itself, fully debated it, discussed the rasso; Michael B. Enzi; Christopher S. Now, I hear some very different earmarks, discussed the things that Bond; Pat Roberts; George V. Voino- sounds coming from around the Con- cause these bills not to be appropriate, vich; Chuck Grassley; Mike Johanns; gress. It makes me wonder who is in had amendments, and passed these bills Arien Specter; Richard C. Shelby; Mike charge here. I hear that instead of a 10- Crapo; John Cornyn; Orrin G. Hatch; out of the Senate. So these 41 Repub- Olympia J. Snowe; Susan M. Collins; year budget, we may have a 5-year licans stand together urging the leader Richard G. Lugar; Johnny Isakson; Kay budget. The problem with the 5-year of the Senate, urging the Appropria- Bailey Hutchison; Lisa Murkowski; budget is most of the problems in the tions Committee to follow this best Jim Bunning; Sam Brownback; Mitch 10-year budget are in the second 5 way of doing business, and that is to McConnell. years. This budget spends too much, vote on these bills individually. Obvi- Mr. CORKER. Mr. President, I yield taxes too much, borrows too much. It ously, we hope this occurs. And cer- the floor, and I suggest the absence of doubles the debt in 5 years, the na- tainly as part of the Senate process, in a quorum. tional debt, and it nearly triples the the event that we are not able to meet The ACTING PRESIDENT pro tem- national debt in the 10-year period. So those objectives, we will avail our- pore. The clerk will call the roll. we need to know where we are headed

VerDate Mar 15 2010 12:05 Aug 01, 2011 Jkt 079102 PO 00000 Frm 00004 Fmt 0686 Sfmt 0634 E:\BR09\S25MR9.000 S25MR9 erowe on DSK5CLS3C1PROD with BOUND RECORD March 25, 2009 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 7 8507 with this budget, and we will not know use the budget to pass a health care more prevention of disease? How much if we just talk about the next 5 years. bill to transform the health care sys- do we spend on people who are older I hear that we are going to act like tem and the American economy. The and where we are spending more time? the so-called millionaire’s tax, the second is the idea that we would use Mr. President, I do not believe there AMT, is fixed. That is not fixed; we the budget to impose a national sales is another Republican speaker. I ask have to deal with it. The ‘‘doc fix’’ to tax on electric bills, gasoline prices, unanimous consent to speak another 5 avoid cuts in physician payments? We and all energy—in other words, to im- minutes. are just not going to include that in pose a cap-and-trade system on vir- The PRESIDING OFFICER (Mr. BEN- the budget, so I hear. We are going to tually the whole economy. NET) Without objection, it is so or- have to deal with that. We all know we We need to reform health care. We dered. are going to have to deal with that. We need to debate climate change and cap Mr. ALEXANDER. The health care ought to put that in the budget. The and trade. But we need to do it in the bill ought to be written by, as Senators cost of the war should be there. We way the Congress is supposed to do it, BAUCUS and GRASSLEY have said, the need to recognize the first order of not by slipping it through with 51 votes Health and Finance Committees, by business in this country is to fix the when we are supposed to be making a the full Senate, with full participation. banks and get credit flowing again. budget, just because we can do that. I mean, technically, you know, the Secretary Geithner came forward Think about that for a moment. The Democratic majority can say: We won with a plan on Monday that I hope President has created this tremen- the election, we will write the bill. works. At least for the first time we dously good environment for dealing President Bush was Commander in are beginning to address the central with health care. He ran on a cam- Chief, and technically he could wage problem of what we do about the toxic paign: I am going to change the way war in Iraq without the bipartisan sup- assets in the banks that are causing things are done in Washington. People port of Congress. But that helped him the banks to freeze up and not loan, need to work across party lines to get lose the support of the country. It dam- bringing everything to a halt. Get the things done on big issues that affect aged his Presidency. And it will do the toxic assets out and lending increases, the country. same for President Obama if he is not houses begin to sell, jobs begin to be That is what the President said. He is allowed to continue on the path he created again, people go back to work, right about that. There are a lot of new began on, which is a bipartisan effort the economy improves. Senators who were elected saying the in the Congress to bring a health care So it was a very prudent thing for the same thing. There are a lot of Senators bill this year. President to put in his budget a $250 who have been here before, like me, I mean, the Republican leader of the billion placeholder for the banks. He who said exactly this—I am here to try Senate, in his first speech, went to the may need to ask us for that. In my to work across party lines to get re- National Press Club here in Wash- view, I thought he should have asked sults on big issues. There is not a big- ington and he said: Mr. President, I am us for it in January. ger issue than health care, after we get ready to work with you across party I thought, instead of passing a $1 tril- through fixing the banks. lines on entitlements. The most explo- lion stimulus bill, borrowing and The President had, as I mentioned, sive, runaway cost in Government is spending money we don’t have, that it the health care summit at the White Medicare and Medicaid. And it is better would have been better for President House—off to a much better start, this to reform health care before we put re- Obama to do now as President Eisen- President, than President Clinton was duced costs on Medicaid. If we just put hower did in 1952 when he said: I shall when he tried to deal with the same caps on the existing system, it would go to Korea. And he went to Korea. issue early in his administration. The blow up. That was the issue then. It was not the President also had a fiscal responsi- So we are ready to do that. I don’t only issue then, just like today there bility summit in February that I at- know what more the Republicans could are lots of different things Presidents tended where health care was a major say to send this clear message: We are need to do. But Eisenhower said: I will topic. We were all there, and various ready to work across party lines. And go to Korea. He arrived there just a few people got up and said: We need to the President has said it himself. So days after Thanksgiving. He said: I will work on this, do this together. The why are we having this debate about honorably focus my attention on the President wisely said: I am not going whether to pass a health care bill as war until it is ended. The people elect- to send a proposal. I am going to let part of the budget. That is not right for ed him for that and he did that and he the Congress develop a proposal. We the country, and it needs to stop today. gained the confidence of the American will work with you on these things. The idea of passing a so-called cap- people. Well, all of a sudden, we hear that and-trade energy tax in the middle of a I and most Americans have great the health care plan might be coming recession as part of the budget—that is confidence in this President. If Presi- through on the budget. How can we equally unwise. This is a major new dent Obama, in the same way that possibly do that? If the President and idea and proposal, to impose this na- President Eisenhower said he would go Senate Democrats try to use this ar- tional tax on the country that pro- to Korea, says he will fix the banks and cane budget procedure to reform health duces 25 percent of all of the money in he will get credit flowing and he will care, it will be the Parliamentarian the world and 25 percent of all of the honorably concentrate his focus on and his wonderful staff who will end up energy in the world. And we have no that until the job is done—I think we writing the health care bill. idea what it would do. We do know one believe he can do that. So he was right Health care is 17 percent of the thing it would do: it would raise prices to put the money in the budget, which American gross domestic product. a lot. It would raise the price of your I understand now may be coming out. These are big issues. Are we going to electric bill by a lot, and it would raise So we have a budget that is not real- have a single-payer system? Is every- the price of your gasoline at the pump ly a budget anymore. It is not a clear body going to have Medicare? Is any- by a lot. That may not be as much of picture. While I have been very com- body going to have a choice of a doc- a problem today as it was a year ago. plimentary of the President for his tor? Is anyone going to have a choice of When gas goes back up to $3 or $3.50, straightforwardness in the budget, that an insurance policy? What about the you can be sure there will be plenty of does not mean I have to like what is in guaranteed costs? Will all Americans people worrying about it. And when the budget because I do not. But before have the same kind of health coverage they hear that a national energy tax I get to that part of it, let me talk that Federal employees, including Sen- applied to gasoline, to fuel, has the ef- about the two things that concern me ators, have? Is that a good idea? Will fect in the first several years of raising most about what may be coming down we give more permission to large em- the price of gasoline but not reducing the road and which I hope do not come. ployers to connect behavior to health the carbon that causes climate change, One of them is the idea that we would care premiums so that we can have they are going to be really mad about

VerDate Mar 15 2010 12:05 Aug 01, 2011 Jkt 079102 PO 00000 Frm 00005 Fmt 0686 Sfmt 0634 E:\BR09\S25MR9.000 S25MR9 erowe on DSK5CLS3C1PROD with BOUND RECORD 8508 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 7 March 25, 2009 that because they will say: Then why Well, the first thing is, imposing this lican members of the Committee on did you do that? I care about climate new tax in the middle of a recession is Environment and Public Works. It ob- change, they may say, but why would a supremely bad idea. jects to collecting $646 billion in new you impose a remedy on me that raises Second, that doesn’t mean we have to climate revenues from the American my price but doesn’t do anything about stop our efforts to deal with climate people in the middle of a recession. the carbon I am worried about? change and clean air. In fact, we can There being no objection, the mate- Some might say: Well, what we accelerate our clean energy efforts. rial was ordered to be printed in the should have done is have a low-carbon They begin with the 2005 Energy bill. I RECORD, as follows: fuel standard that would gradually see the ranking member of the Energy U.S. SENATE, kick in, give the economy a chance to Committee on the floor, Senator MUR- Washington, DC, March 12, 2009. adjust, so that we can, for example, be KOWSKI. She was a major part of that, Hon. KENT CONRAD, driving electric cars which we can plug and she will be a major part of this de- Chairman, Committee on Budget, U.S. Senate, in at night using power generated by bate as we go along. But we can pro- Washington, DC. existing nuclear plants and coal plants. mote conservation and efficiency with- Hon. JUDD GREGG, out having a national tax on every Ranking Member, Committee on Budget, U.S. We don’t have to build one new power Senate, Washington, DC. electric bill. plant, not one new coal plant, not one DEAR CHAIRMAN CONRAD AND RANKING As Al Gore has said, buildings are 40 new windmill for the purpose of charg- MEMBER GREGG: We oppose using the budget ing these new electric cars. So we could percent of carbon. So let’s go to work reconciliation process to expedite passage of have a low carbon fuel standard, plug on that. I know that in Tennessee we climate legislation. our plug-in cars in at night, and that waste more energy than any other Enactment of a cap-and-trade regime is would be a better result than putting a State. We have the highest use per cap- likely to influence nearly every feature of big, new national sales tax on the econ- ita of electricity. If we just changed 12 the U.S. economy. Legislation so far-reach- omy in the middle of a recession. lightbulbs in each house, we could save ing should be fully vetted and given appro- priate time for debate, something the budget There are a lot of questions about the equivalent of a nuclear power plant. That would be a smart thing to reconciliation process does not allow. Using this proposal even if we weren’t in a re- this procedure would circumvent normal cession. Creating a big slush fund here do. Let’s start with conservation and Senate practice and would be inconsistent in Washington—nothing more dan- efficiency. Let’s electrify half of our with the Administration’s stated goals of bi- gerous than that. You saw that with cars and trucks. We can do that be- partisanship, cooperation, and openness. the stimulus bill. Put a trillion dollars cause the automobile companies are We commend you for holding the recent out here, and Congress goes crazy. Ev- building the cars and trucks. Let’s plug hearing, entitled ‘‘Procedures for Consider- erybody has an idea about what to do. them in at night when the electricity ation of the Budget Resolution/Reconcili- ation,’’ which discussed important rec- We can all spend money. And if we is cheap. We don’t have to build one new power plant, the Brookings Insti- ommendations for the upcoming budget de- bring all of this money in here, Con- bate. Maintaining integrity in the budget gress will find a way to spend it. And I tute says. Three, let’s make solar power cost process is critical to safeguarding the fiscal guarantee, it is a lot of money. This health of the United States in these chal- tax would raise $60, $80, $100 billion a competitive with power from fossil lenging times. year and bring it to Washington. The fuels. We have been really miserly Sincerely, President says: Well, we ought to give about energy research and develop- Mike Johanns; Robert C. Byrd; David most of it back to the people. Well, ment, and we ought to be bending over Vitter; Blanche L. Lincoln; George V. backward to put money wisely to make Voinovich; Carl Levin; Johnny Isakson; which people? In what way? Why not Evan Bayh; Christopher S. Bond; Mary all of it? That should be a debate. solar costs competitive, as the Na- tional Academy of Engineering says, to Landrieu; James E. Risch; E. Benjamin Should this tax be economy-wide, if find a way to capture carbon from ex- Nelson; Lamar Alexander; Robert P. we ever have it? Why not do as I have Casey, Jr.; Michael B. Enzi; John isting coal plants, to find ways to re- suggested and just put a cap and trade McCain; Tom Coburn; Jim Bunning; process nuclear waste. John Barrasso; John Ensign; Bob on power plants—that is 40 percent of While we are worrying about carbon, carbon—and a low-carbon fuel standard Corker; James M. Inhofe; Chuck Grass- why don’t we set as a goal to build 100 ley; Roger F. Wicker; Mike Crapo; on fuel—that is another 30 percent. So new nuclear power plants. Nuclear Susan M. Collins; Thad Cochran; Kay why do you need an economy-wide cap power is 20 percent of our electricity, Bailey Hutchison; Mark L. Pryor; Lisa and trade to affect small business and but it is 70 percent of our carbon-free, Murkowski; Pat Roberts; Saxby Cham- farms and manufacturing? nitrogen-free, sulfur-free, and mercury- bliss; Sam Brownback. And then who gets all of the money free electricity. Why are we going slow U.S. SENATE, COMMITTEE ON ENVI- raised from this energy tax? A lot of on it? the big companies came up to Capitol RONMENT AND PUBLIC WORKS, So we would say no to higher taxes, Washington, DC, March 19, 2009. Hill when they first heard about this higher prices, and more subsidies—cer- cap and trade proposal. They saw a lot DEAR COLLEAGUE: The President’s 2010 tainly not in the middle of a reces- Budget proposal contains a risky, ill defined of money coming into Washington and sion—and yes to more conservation, new energy tax that has the potential to they thought they might get free al- more efficiency, more nuclear power, continue the economic recession for many lowances to produce carbon. But now more electric cars, and more research years to come. We are writing this letter to the President wants to spend all of and development on solar, advanced alert you to this situation and ask that you that money, and the companies are not biofuels, nuclear, and carbon capture. join us in a budget resolution amendment to so sure they like the idea anymore. That is a pretty good agenda for deal- strike any such provision. Specifically, the President’s 2010 Budget What about offsets? Offsets are a ing with clear air and climate change, racket. You know, they have become a proposal asks to collect $646 billion dollars in and it doesn’t impose an unwise, multi- new ‘‘Climate Revenues’’ from the American racket. Somebody saves a little carbon billion dollar national tax on electric people. The government will collect these in Madagascar. Well, you get credit for bills in the middle of a recession, which new revenues through a cap and trade it in the United States. There is not would hurt the economy. scheme in which ‘‘allowances’’ are sold to much of a way to police that, and it is Mr. President, I ask unanimous con- the highest bidder. The government won’t not a very good idea. sent to have printed in the RECORD a tax consumers directly, but it will impose This carbon tax, this national sales couple of letters. One is a letter from a new costs on energy producers and users who tax, goes all the way to 2050. So it number of Senators—looks like more will in turn pass those higher costs on to consumers, which will result in higher elec- takes $60, $80 $120, $150 billion a year than two dozen—opposing using the tricity bills, gasoline prices, grocery bills, out of the economy—maybe not doing budget reconciliation process to expe- and anything else made from conventional everything it’s expected to do—in the dite passage of climate legislation. A energy sources. In short, consumers will feel name of dealing with climate change. second letter comes from the Repub- as if they are paying a new tax on energy.

VerDate Mar 15 2010 12:05 Aug 01, 2011 Jkt 079102 PO 00000 Frm 00006 Fmt 0686 Sfmt 0634 E:\BR09\S25MR9.000 S25MR9 erowe on DSK5CLS3C1PROD with BOUND RECORD March 25, 2009 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 7 8509 The stated price tag for this new energy reconciliation to ram through health it doesn’t spend so much, doesn’t bor- tax is $646 billion, yet recent news reports in- care reform. row so much and doesn’t tax so much dicate that administration officials are pri- So let’s take the budget in the next and move ahead with a blueprint that vately admitting their program will actually 10 days, let’s debate it, let’s have our maintains our freedom, that limits our generate between ‘‘two and three times’’ this differences of opinion, but then let’s amount of revenue, or between $1.3 trillion Government, that preserves choices and $1.9 trillion, However, these numbers follow the President’s wise beginning and that our children and grand- represent only the cost from 2012 through on health care and reform it this year children can afford. 2019. The budget summary describes the en- in the way he has suggested and the I yield the floor. ergy tax extending at least through 2050. At way he campaigned on. And let’s take f the 2012 through 2019 average annual rate, the energy issue and the climate families and workers would face through 2050 change issue and let’s look carefully at CONCLUSION OF MORNING between $6.3 trillion and $9.3 trillion in high- how we have the right clean energy BUSINESS er energy taxes. strategy, which some of us believe is The PRESIDING OFFICER. Morning On the Environment and Public Works different from just taxes and high (EPW) Committee, we have had experience business is closed. prices and more subsidies. with these types of proposals. We, and the f full Senate, debated a proposal by Senators As far as the budget in general, we Boxer, Lieberman and Warner that the spon- believe it spends too much, it taxes too NATIONAL SERVICE sors themselves indicated would generate much, and it borrows too much. If I REAUTHORIZATION ACT $6.7 trillion from consumers. As you may re- could conclude with only one example call, the Senate defeated this proposal, in of how that excessive borrowing will The PRESIDING OFFICER. Under part because the U.S. Environmental Protec- hurt the economy and hurt the coun- the previous order, the Senate will re- tion Agency (EPA) estimated that by 2050 it try—an example that helps to illus- sume consideration of H.R. 1388, which would annually cost the average family trate why this 10-year budget the the clerk will report. $4,377 and raise gasoline prices $1.40 per gal- President set is a blueprint for a dif- The legislative clerk read as follows: lon. Experts estimated it would kill up to 4 ferent kind of country, one with less A bill (H.R. 1388) to reauthorize and reform million jobs by 2030. As you can see, a $4,377 the national service laws. per family total cost or a lost job would freedom, one with more Government, greatly outweigh any $800 per family payroll and one which our children cannot af- Pending: tax break offered by the administration. ford—if there were any one example of Mikulski amendment No. 687, in the nature The budget resolution is not the right why that is true, this would be it: It of a substitute. place for the careful bipartisan dialogue we would be the amount of interest on the Crapo-Corker amendment No. 688 (to need to get these issues straight, or to fully debt we will be paying in the 10th year amendment No. 687), to increase the bor- account for the legitimate concerns of en- of the budget sent by President Obama. rowing authority of the Federal Deposit In- ergy consumers, economists, and industry. In that year, interest on the debt will surance Corporation. While the budget resolution the Senate will Johanns amendment No. 693 (to amend- debate is not yet available, we will offer an be $806 billion. The amount of spending ment No. 687), to ensure that organizations amendment to strip any climate revenue on defense by the Federal Government promoting competitive and non-competitive provision it contains. We urge you to be in that year is projected to be $720 bil- sporting events involving individuals with ready to join our efforts to resist the erosion lion. So we will be spending more on disabilities may receive direct and indirect of proper democratic principles. interest than we do on defense. assistance to carry out national service pro- Sincerely, Federal spending on education in grams. SENATOR JAMES M. INHOFE, that year would be $95 billion. So we Baucus-Grassley amendment No. 692 (to Ranking Member. would be spending eight times as much amendment No. 687), to establish a Nonprofit JOHN BARRASSO, on interest as we would on education. Capacity Building Program. U.S. Senator. In the 10th year of the budget, $100 AMENDMENT NO. 691 TO AMENDMENT NO. 687 DAVID VITTER, billion is allocated for transportation The PRESIDING OFFICER. The Sen- U.S. Senator. MIKE CRAPO, spending by the Federal Government ator from Alaska. U.S. Senator. on things like roads and bridges that Ms. MURKOWSKI. Mr. President, I CHRISTOPHER S. BOND, need to be fixed—we agree on that, and understand that an amendment is U.S. Senator. we would like to have the money to do pending; is that correct? GEORGE V. VOINOVIDH, it. But we will be spending on interest The PRESIDING OFFICER. The Sen- U.S. Senator. alone eight times what we will be ator is correct. ARLEN SPECTER, spending on transportation. Ms. MURKOWSKI. I ask unanimous U.S. Senator. When I was Governor of Tennessee, consent to set aside the pending LAMAR ALEXANDER, we were a low-tax, low-debt State. The U.S. Senator. amendment for purposes of offering an reason we did not have much debt is amendment. Mr. ALEXANDER. Senator BYRD, our because for every penny we did not The PRESIDING OFFICER. Without senior Member of this body, wrote the have to pay in interest, we could pay it objection, it is so ordered. budget legislation that created the rec- for a teacher’s salary, we could im- The clerk will report. onciliation process. He has told us prove a prenatal health care clinic, we The legislative clerk read as follows: that. He has reminded us of that. He could build a road, we could have a cen- talked about how he sat in his office The Senator from Alaska [Ms. MUR- ter of excellence at the university. So KOWSKI], for herself, Mr. DORGAN, Mr. BINGA- for 10 days and did it to get it right. low debt means more money for the MAN, and Mr. BARRASSO, proposes an amend- This is what he said: things we really want to have to invest ment numbered 691 to amendment No. 687. I was one of the authors of the legis- in this country to make it a better Ms. MURKOWSKI. I ask unanimous lation that created the budget rec- place. consent that reading of the amendment onciliation process in 1974. I am certain The President’s budget is straight- be dispensed with. that putting health care reform and forward. Give the President credit. The The PRESIDING OFFICER. Without climate change legislation on a freight attempts by Congress to make it gim- objection, it is so ordered. train through Congress is an outrage micky and less transparent are deplor- The amendment is as follows: that must be resisted. able. The idea of trying to pass a (Purpose: To modify certain provisions That is Senator ROBERT BYRD, the health care reform proposal that af- relating to Native Americans) senior Democrat, the senior Senator fects 17 percent of the economy and to who wrote budget reconciliation. Section 129(d) of the National and Commu- impose a national sales tax on the en- nity Service Act of 1990 (as amended by sec- Senator CONRAD, Senator BAUCUS, tire energy system during a recession tion 1306) is amended by striking ‘‘and to Senator DORGAN, Senator CARPER, and is a bad idea. nonprofit organizations seeking to operate a many others have said basically the What we should do is take this 10- national service program in 2 or more of same thing: We agree. Don’t use the year budget, whittle it back to size so those States’’ and inserting ‘‘, to nonprofit

VerDate Mar 15 2010 12:05 Aug 01, 2011 Jkt 079102 PO 00000 Frm 00007 Fmt 0686 Sfmt 0634 E:\BR09\S25MR9.000 S25MR9 erowe on DSK5CLS3C1PROD with BOUND RECORD 8510 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 7 March 25, 2009 organizations seeking to operate a national were out on the trail building and re- increasing the accountability for posi- service program in 2 or more of those States, furbishing some of the old historic cab- tive outcomes. In their view, there are and to Indian tribes’’. ins along the way and making the trail a few items they look to in the Serve Section 193A(b)(23) of the National and safe for its many visitors. America Act that are especially help- Community Service Act of 1990 (as amended The students also research and mon- by section 1704(1)) is amended by striking ful. The first is the increase in the liv- ‘‘and collect information on challenges fac- itor fish and wildlife populations as ing allowance and education awards. It ing Native American communities’’ and in- well as watersheds that are essential has the potential to increase the re- serting ‘‘collect information on challenges for the red salmon. This year 80 of cruitment and the retention of facing Native American communities, and SCA’s AmeriCorps volunteers will work AmeriCorps members, especially from designate a Strategic Advisor for Native in Cook Inlet in the watershed there to rural Alaskan communities. Also, it al- American Affairs to be responsible for the monitor and support active fish man- lows senior volunteers to transfer the execution of those activities under the na- agement. In addition to providing nat- tional service laws’’. education award to a child or a grand- ural resource stewardship, visitor serv- children. Again, this will help with re- Ms. MURKOWSKI. Mr. President, be- ices, and environmental education, cruitment efforts. It increases focus on fore I speak to the amendment I have their work supports Alaska’s key eco- individuals with a disability, paral- sent to the desk on behalf of my col- nomic engines which are our fisheries leling one of the focus areas of our league, Senator DORGAN, and others, I and tourism. Alaska State Commission. Increasing would like to speak generally to the In 2008, SCA placed over 236 high the connection with the Commission measure before us, the Serve America school students and college interns in on Aging and Intergenerational Pro- Act. I am a strong supporter of volun- Alaska who provided over 76,000 service grams also meets another one of Alas- teer service, including Global Youth hours, valued at over $1.5 million. In ka’s performance measures. So having Service Day. I am proud and pleased Alaska last year, there were also 64 that this reauthorization has been de- this provision in the act will assist VISTA volunteers who served with 18 with moving this partnership forward. veloped and brought to the floor in a project sponsors. I will give a little bipartisan manner. The work done on snapshot of one of those projects. It The accountability provisions will this legislation is the product of the was at Juneau-Douglas High School, strengthen the State service plan. Hav- best tradition of the Senate HELP the CHOICE project. The CHOICE Pro- ing a minimum amount for the formula Committee and of the Senate itself. I gram, which is Choosing Healthy Op- grants for both AmeriCorps and Learn offer my congratulations to those who tions in Cooperative Education, focuses and Serve is very good for the State of have worked very hard on this—Sen- on improving the academic achieve- Alaska and other States that have ators KENNEDY, MIKULSKI, HATCH, ment of 100 at-risk students at Juneau- equally small populations. The in- ENZI—and all their very hard-working Douglas High School. The VISTA vol- crease for the operation of the State staff who do a good job. unteers help the students develop a Commission is a positive; even if ob- I also thank some very professional sense of belonging and ownership with- taining the required 1-to-1 match will and dedicated people in the State of in CHOICE, the high school, and the be challenging for a State such as ours, Alaska for their thorough review of community at large. So VISTA not we believe it is a positive step. and comments on the various drafts of only involves the CHOICE students in From the perspective of one of Alas- the legislation. We would send it off to the community; they also involve the ka’s largest service grantees, they them and get good response back, good community in the education and learn- noted the following: The effort to ex- feedback. I appreciate that. ing of the students. Our VISTA coordi- pand and improve opportunities for na- They include: Nita Madsen, executive nator, Jennifer Knaggs, recruited 42 tional and community service should director of Serve Alaska, and her staff; community members to provide intern- positively benefit Alaska’s engagement Rachel Morse and all the great people ships in State and local offices in the in the service; the grouping of ‘‘corps’’ at RurAL CAP who implement agencies and in the local businesses. In for the service programs into Edu- AmeriCorps and VISTA programs; conjunction with the National Council cation Corps, Healthy Future Corps, Denise Daniello at the Alaska Commis- on Alcohol and Drug Dependency, she Clean Energy Service Corps, Oppor- sion on Aging; Angela Salerno at the helped facilitate three Alaska teen in- tunity Corps or Veterans Corps, cou- Alaska Department of Health and So- stitute retreats. She also organized and pled with defined performance indica- cial Services; and many others who coordinated the Beyond School Pro- tors, will add value to the existing Cor- were helpful in providing insights from gram, in which six community volun- the providers’ perspective. poration for Community and National teers teach small groups of high school Service framework; linking the value AmeriCorps and the VISTA programs freshmen a hands-on, real life skill, are a vital part of Alaska’s commu- of the education award to the max- such as Tlingit carving, writing and imum value of the Pell grant will im- nities. I would like to take a few min- producing radio public service an- prove the strength and success of utes this morning to give some of the nouncements about healthy choices, AmeriCorps programs in Alaska; in- examples of their valuable work in the creating short video biographies of creasing the AmeriCorps living allow- State and to congratulate the volun- tribal elders, and visual promotions of ance from $16,000 to $18,000 will espe- teers for their service. healthy choices within the school. For more than 10 years, AmeriCorps In a small community such as Ju- cially benefit the programs serving volunteers with the Student Conserva- neau, retention of internships is no rural Alaskan communities. tion Association have served Alaska small feat. Students have reported very Let me speak to the amendment I and the Nation on our public lands in positive experiences with their intern- have called up. This is amendment No. Denali National Park and Preserve, the ships and their hosts, and the perform- 691, offered on behalf of my colleague, Kenai Fjords, and Lake Clark National ance we are seeing coming out of these Senator DORGAN. This amendment to Park and Preserve. Every year over 1 kids is great. They are proud of their the Serve America Act designates a million people visit Alaska to see these accomplishments. The students have tribal liaison for the Corporation for natural resources, to hike and camp become involved in the community, National and Community Service and and fish and explore. The conservation and it is a real win. keeps Indian tribes as eligible under service provided by these students The great public servants who run existing law for nationally competitive helps protect scenic beauty of our Alaska’s national service programs grants. The corporation has recognized State, including the volcanoes, gla- have noted the many positive aspects the need for a tribal liaison position ciers, wild rivers, and waterfalls. of this reauthorization for increasing and has designated an individual to My family and I hiked the Chilkoot the recruitment and retention of vol- reach out to Native American commu- Trail a couple years ago and ran into a unteers, focusing on directions Alaska nities. This amendment will make that group of AmeriCorps volunteers who has already begun to move toward, and position permanent. The tribal liaison

VerDate Mar 15 2010 12:05 Aug 01, 2011 Jkt 079102 PO 00000 Frm 00008 Fmt 0686 Sfmt 0634 E:\BR09\S25MR9.000 S25MR9 erowe on DSK5CLS3C1PROD with BOUND RECORD March 25, 2009 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 7 8511 will work across all programs and sup- better exemplified than in my home community volunteers twice a week port units to increase Native participa- State. over the course of a 30-week program. tion in national service and help to de- According to the Corporation for Na- These are children who did not pass the velop and enhance programming to ad- tional and Community Service, be- Utah State End of Level tests the pre- dress the unique needs of Native Amer- tween 2005 and 2007, an average 792,000 vious year. After 1 year of tutoring ican communities. Utahns gave 146.9 million hours of serv- through the Utah AmeriCorps Literacy In addition, we propose to keep In- ice every year. Using Independent Sec- Initiative, 62 percent of the students dian tribes as eligible under existing tor’s estimate of the dollar value of a passed that test at a proficient level. law for nationally competitive grants. volunteer, the estimated contribution I think this program exemplifies Current law allows tribes to compete of these efforts is $2.9 billion annually. what we are trying to accomplish with for funds with States and national non- Nearly 44 percent of all Utahns do some this legislation. All of this work, which profit organizations. This amendment sort of volunteer service every year, has improved the education of literally would maintain the eligibility of tribes making Utah’s volunteerism rate No. 1 thousands of students and leveraged to compete with States and national in America, more than 4 percent higher the efforts of thousands of other stu- nonprofit organizations for national than the State ranked second. dents and community volunteers, has competitive grants. Many of these ac- Salt Lake City, UT the second-high- been anchored by a small group of only tivities and indicators under the pro- est volunteerism rate of any major 87 AmeriCorps members. That is pretty posed corps in this act are directly ap- metropolitan area in the country at phenomenal when you think about it. plicable to Indian Country, and access 37.2 percent. Among midsize cities, Why wouldn’t we want to expand this to these grants with the assistance of a Provo, UT has the Nation’s highest vol- approach? It seems to me it is some- tribal liaison is important. We recog- unteerism rate at 63.8 percent, with thing we ought to be doing everywhere. nize that the education of American In- Ogden, UT coming in at No. 4 with a I am convinced that, once this bill is dians and Alaska Natives lags far be- rate of 41 percent. Much of this volun- passed, we will see more programs such hind that of the rest of the country, teer work is done by members of the as this spring up over time, not only in and the provisions of the Education Mormon church in food canneries and Utah but throughout the country. They Corps will help address these needs by storehouses as they stockpile food and will be buoyed by the increased direc- providing mentors and tutors to Native supplies for those in need, whether tion, efficiency, and accountability students. Likewise, the Healthy Fu- they be members of the church or non- that this legislation will add to the ex- tures Corps would help address the lack members. As with any community, vol- isting national service structure. In of access to health care on many of our unteerism in Utah comes in a variety the end, more people will be helped, reservations. of forms. more traditional volunteers will be put Likewise, the Healthy Futures Corps In addition to the privately-led to work in their communities, and will help address the lack of access to projects throughout the State, na- more of our Nation’s problems will be health care on many of our reserva- tional service programs have had a pro- solved. tions. American Indians have higher found impact on communities through- That is precisely the point of this disease rates and lower life expectancy out the State of Utah. For example, legislation. than the general population. Volun- there is the Utah AmeriCorps Literacy Mr. President, I suggest the absence teers serving in the Healthy Futures Initiative, which currently manages of a quorum. Corps could assist those who live on programs in 66 schools covering the en- The PRESIDING OFFICER. The reservations or in Alaskan commu- tire State of Utah, including both clerk will call the roll. nities in obtaining health services. urban and rural communities. There The legislative clerk proceeded to I encourage my colleagues to look at are 87 AmeriCorps members in the pro- call the roll. the amendment and provide support for gram who recruit and train community Mr. HATCH. Mr. President, I ask this important tribal liaison and in re- volunteers to tutor struggling readers. unanimous consent that the order for taining tribal eligibility for competi- Unfortunately, the current budget the quorum call be rescinded. tive grants within the Corporation for situation in Utah is similar to those The PRESIDING OFFICER. Without National and Community Service. faced by State governments around the objection, it is so ordered. I thank Senators KENNEDY, MIKULSKI, country. As a result, Utah schools have Mr. HATCH. Mr. President, thus far, HATCH, and ENZI for their dedication to been required to cut their budgets 4 we have had what I believe to be a con- public service and congratulate them percent this year and 5 percent for next structive discussion regarding the on what I believe is good legislation. year. However, national service par- Serve America Act. We have seen some I yield the floor. ticipants have been able to step up and fine amendments, and Senator MIKUL- The PRESIDING OFFICER. The Sen- fill the void in schools left by the re- SKI and I are working together to try ator from Utah. duction in the State education work- to accommodate as many Members as Mr. HATCH. Mr. President, I, person- force. Several teachers’ aides whose po- possible. I said at the outset that I ally, congratulate the distinguished sitions have been downsized due to the hope we can avoid a situation where Senator from Alaska for her com- budget cuts will be qualified to partici- too many changes to this bill would ments. She has a very important pate in the Literacy Initiative next eventually split the bipartisan support amendment to this bill. I assure her we year and, accordingly, will receive a the bill has enjoyed. So far, this does will work that out so we don’t have to small living allowance and an edu- not appear to be a problem. have a vote on it. If we do have to go cational award which will allow them As we continue to debate this impor- to a vote, we will, but the fact is I to get further training, broadening tant piece of legislation, it is my hope think we can work that out. It is a their skills to obtain gainful employ- these constructive efforts will con- very good amendment. Personally, we ment. tinue. This is a good opportunity for us want to have those funds as part of this Over the past 5 years, this program to set aside partisan differences and do bill. We will work it out. has helped over 8,000 elementary some good for the American people. I I want to take a few minutes and pay schoolchildren serve as mentors, help- once again thank Senator MIKULSKI for tribute to some of the wonderful na- ing younger children improve their her efforts here on the floor to see this tional service efforts that have gone on reading. The average growth in reading effort through. in my home State of Utah. As I have for both the mentor and the mentee I thank Senator KENNEDY as well. said throughout this debate, Americans they are helping has been one full Even though he has not been here, ex- are the most generous and energetic grade level over the course of the 9- cept for the last cloture vote, he cer- people in the world. Indeed, a volunteer week program. In addition, through tainly has been working it from home, spirit is encoded into our country’s cul- this initiative, over 2,000 children have and he has been on the phone regu- tural DNA. Nowhere is this concept received one-on-one tutoring from larly. We also have others who have

VerDate Mar 15 2010 12:05 Aug 01, 2011 Jkt 079102 PO 00000 Frm 00009 Fmt 0686 Sfmt 0634 E:\BR09\S25MR9.000 S25MR9 erowe on DSK5CLS3C1PROD with BOUND RECORD 8512 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 7 March 25, 2009 worked on our side very diligently to many Americans show up to volun- programs over time should and will try to make sure this bill passes, and teer—to help with a cause or to serve continue to get support, and ineffective in the form it is in. in the aftermath of a disaster—and are programs will ultimately be closed I mentioned yesterday that I believe turned away or are not well used. This down. These indicators will help us the Serve America Act should be a bi- is a waste of very precious resources. make those decisions. partisan bill, not because I believe it is The Serve America Act will help fix America utilizes a number of indica- either liberal or conservative but be- that by establishing a volunteer gen- tors to regularly track the country’s cause it is both. I think the bill plays eration fund that will help already suc- economic progress, including unem- to the greatest strengths of those on cessful service programs devote more ployment, GDP, housing starts, and both sides of the aisle. It marries what resources for the recruitment of volun- more. But our country does very little is typically thought of as a ‘‘liberal’’ teers, allowing them to expand their ef- to measure indicators of our civic instinct for Government to make forts. health. Even though an active, well- proactive efforts to help those in need Help offered by a compassionate connected, trusting, and engaged citi- with the typical ‘‘conservative’’ desire neighbor will always be superior to zenry is fundamental to our vibrant to place more power in the hands of in- Government-driven approaches de- communities, a strong democracy is dividuals instead of the Government. It signed in Washington. In recognition of important, and our personal welfare is is not all that often we are able to this fact, the Serve America Act en- important as well. So the Serve Amer- work together to find ways to satisfy sures that the vast majority of service ica Act provides for the collection of both of these ideals, but I believe we efforts will be generated by local and data that can give us a snapshot every have done so with this legislation. private organizations responding to year of how communities throughout For me, the conservative case for community needs. the country are stacking up with re- this legislation has been obvious from Young Americans, whose rates of un- spect to rates of volunteering, chari- the beginning. Indeed, many of the pro- employment have soared to more than table giving, connections to civic and visions in the bill have what I consider 21 percent in a tough economy, with religious groups, knowledge of Amer- to be very conservative roots. In 1990, college graduates having the highest ican history and government, and William F. Buckley, Jr., one of the fa- unemployment rates ever, will be given more. Policymakers can use this data thers of modern conservatism, who had new opportunities to serve. The good to strengthen efforts to increase these served in World War II, published a news is that research tells us this is a activities. Indeed, this civic health wonderful book called: ‘‘Gratitude: Re- sound and efficient investment. Not index will pay dividends through the flections on What We Owe to Our Coun- only does it put many unemployed policy spectrum. try.’’ He became a staunch advocate of Americans to work at a low cost to Although some of my colleagues may national service, which he believed, Government and meet urgent national argue otherwise, the Serve America ‘‘like gravity, is something we could needs, those young adults most at risk Act reflects what I believe are conserv- accustom ourselves to, and grow to in our communities gain more by serv- ative values, and because of this I be- love.’’ ing others than they do by being pas- lieve many of my Republican col- Buckley believed we owe a debt of sive recipients of services. During their leagues will be on board with this legis- gratitude to our country and offered terms of service, they gain valuable lation. The bill is founded on a funda- creative ideas for a plan for universal skills that help them secure permanent mental belief in the power of people voluntary national service for men and employment at higher wages. They working at the local level to improve women 18 years and older. While the also outpace their nonnational service their communities and country, a be- Serve America Act is not so ambitious peers in remaining committed to vol- lief in looking first to community and as to contemplate that national and unteer service for the rest of their faith-based institutions to help solve community service will become uni- lives. our toughest challenges, a belief in versal, it does provide more Americans These platoons of civil society more public-private partnerships where the opportunities to serve, in the belief often than not consist of faith-based cost is low to the Federal Government that our democracy and the values of institutions. More Americans perform and the return on investment very our free society take constant vigi- volunteer service through church-spon- high, and a belief in tough account- lance to preserve their vitality and sored and faith-based organizations ability for results and making sure we health. It is citizens, acting at the than any other venue. The Serve Amer- support only programs that work and local level, who should play the promi- ica Act continues the tradition of ena- end the programs that don’t. nent role, not Government. bling volunteers to serve through faith- But the Serve America Act is also For the past several years, I have based institutions in a variety of dif- about something deeper that we all supported efforts to reposition our ferent ways, including its new Serve value whether we are liberal or con- Government’s support of national and America Fellowships and the State servative, Republican or Democrat. It community service from the perception competitive and formula grants that is about fostering a spirit of patriot- of paying Federal ‘‘volunteers’’ to a may be given to faith-based institu- ism, a love of country, at a time when more effective model where Govern- tions providing social services. This that patriotism has been fractured ment provides a small amount of infra- legislation also introduces new indica- somewhat by a tough economy, institu- structure and support to community- tors of accountability to ensure that tions that fail, individuals whose based groups that are recruiting, train- investments generate significant re- schemes hurt people, and distrust in ing, and deploying traditional volun- turns. For the Education Corps, for ex- government itself to have the answers. teers. That model has worked. The ample, we want to know how programs Benjamin Rush, one of our Founding number of traditional, nonsubsidized are improving student engagement, at- Fathers, wrote a brief text called ‘‘On volunteers who are leveraged into serv- tendance, behavior, academic achieve- Patriotism’’ in 1773 that captures my ice by existing national service pro- ment, graduation rates, and college- view of the subject and the role that grams dwarfs the number of partici- going rates at high schools with high service plays. Here is what Benjamin pants receiving Government assist- concentrations of low-income students. Rush, one of the Founders of this coun- ance—by a ratio of nearly 30 to 1. We Eligible entities for funding through try, said: have heard that statistic quoted many the Education Corps must have a prov- Patriotism is as much a virtue as justice, times during this debate, but I believe en record of improving or a promising and is as necessary for the support of soci- eties as natural affection is for the support it bears repeating. strategy to improve performance based of families. The love of country is both a This model is based on our faith in on these indicators. moral and a religious duty. It comprehends civil society—not distant Government The days of simply funding programs not only love of our neighbors, but of mil- agencies—and a focus on the efforts of that might make us feel better but not lions of our fellow citizens, not only of the the traditional volunteer. We know so generate results are over. Effective present, but of future generations.

VerDate Mar 15 2010 12:05 Aug 01, 2011 Jkt 079102 PO 00000 Frm 00010 Fmt 0686 Sfmt 0634 E:\BR09\S25MR9.000 S25MR9 erowe on DSK5CLS3C1PROD with BOUND RECORD March 25, 2009 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 7 8513 I often think of our Nation’s veterans my colleagues a few stories that I any other way. One of those corps when I read those words. I think of the think illustrate it. members was Nichole Churchill of Chi- men and women serving during wars In my home State of Illinois, each cago. She spent a summer serving with and campaigns from the American Rev- year, 2.7 million volunteers dedicate the Children’s Project of the Legal As- olution through Operation Iraqi Free- 302 million hours of service. The esti- sistance Foundation working with par- dom who literally had us in mind when mated economic worth of that con- ents, foster parents, and adoptive par- they sacrificed their own lives so those tribution and voluntary service is al- ents. This is what she said about her in future generations might be free. most $6 billion a year. More than 66,000 time there: Those who serve today—whether it is of these volunteers participate in na- It has opened my eyes to the myriad of in the military, in government, in na- tional service programs through 144 problems that many of our low-income cli- tional community service, or as tradi- different projects and programs. Each ents face on a daily basis. This experience tional volunteers—truly connect them- of them has a story to tell about a life has only strengthened my resolve to con- selves to millions of their fellow citi- they have influenced or changed: a tinue this kind of work and to effectuate zens, not only of today but of the fu- mother they have helped feed her fam- meaningful change in their lives. ture. Such service is not only the ily, a child they have helped to learn, Those are only a few of many stories means to our own happiness, it or a community that is cleaner and told from my State of Illinois. strengthens and makes this country safer because they are working and vol- This week we are considering a bill better. It makes better this country unteering to make it that way. that will dramatically expand the op- that we love so much. All of these volunteers can also tell portunities for voluntarism and service These principles and ideals are the about how their time and service im- across America. The Serve America driving force behind this legislation. proved their lives. Let me mention a Act will triple the number of national Every Member of this body, whether few stories. service participants to 250,000 partici- they support this bill or not, loves this In Chicago, the City Year Program pants within 8 years. Along with this country and has devoted his or her life places young volunteers to work full dramatic expansion, it is going to cre- to serving it. I believe it is this devo- time in some of Chicago’s neediest ate a new corps within AmeriCorps fo- tion that we all share—the common be- schools. They serve as tutors and men- cused on areas of national need such as lief in something bigger than our- tors and role models to the kids. A vol- education, environment, health care, selves—that has led so many to support unteer I talked to recently tutored a economic opportunity, and giving a this legislation. While I am convinced young girl named Zariah. She was helping hand to our veterans. the final result will be pretty lopsided struggling with a lot of problems in We are expanding opportunities to in favor of passing this bill, I am going school, with reading and behavior. I serve for Americans at every stage of to keep trying to get it as close to won’t hold it against her—her behavior life, too. Middle and high school stu- unanimous as I can. Toward that end, I problem; I had the same problem, and I dents will be encouraged to participate urge all 99 of our Senate colleagues to ended up in the Senate. Zariah was in in service projects during the summer support the Serve America Act. jeopardy of failing the fourth grade, so or during the school year. By serving I notice the distinguished majority this volunteer showed up and decided their communities early in life, these whip is here and would like to speak, to take a personal interest in her. students will be put on a path to a life- so I will reserve my time and speak a A few weeks after tutoring Zariah, time of service. little later on some of the other as- this volunteer heard a little voice cry For working Americans who can’t pects of this bill. out as he walked by the school. It was commit to a full-time volunteer job, So with that, I yield the floor. little Zariah, and she was yelling to the bill provides opportunity for them The PRESIDING OFFICER. The Sen- this volunteer tutor: I passed fourth to work part time in their community. ator from Illinois. grade. I passed fourth grade. Retirees can be given a new oppor- Mr. DURBIN. Mr. President, I wish to What a reward for that volunteer and tunity to serve with the existing Sen- thank my friend and colleague from what a happy moment for that child. ior Corps and through new expansion. Utah, Senator ORRIN HATCH—and he is In Waukegan, IL, four AmeriCorps The bill also increases the education my friend. We have had many political volunteers helped Habitat for Human- award for the first time since the cre- battles in the past, but we have also ity construct homes and train and re- ation of the national service program. I joined forces in doing some things that cruit volunteers. One of the think that is a perfect complement, I think are important for our Nation. I AmeriCorps members told a story that that these good, well-meaning Ameri- wish to thank him for his continued I think is so heart-warming about driv- cans would serve their Nation and in support of the DREAM Act. This is a ing by a school every morning as an return we would help them, give them bill which we kind of fought over on AmeriCorps volunteer, in their notable a helping hand with their education at initial introduction; we both had the jackets, and seeing a woman wave and a time when education is so expensive same idea. We are going to continue to cheer as they came by. She wasn’t a for so many students. The education work together on that in years to come homeowner or volunteer herself. She award in this program will be raised to and, I hope, see it to its successful con- was just a member of the community, the Pell grant level which makes it clusion. It is the kind of commitment and she recognized the AmeriCorps easier for college students with signifi- Senator HATCH has made to the ideals jacket. She knew what the volunteers cant student loan debt to consider na- of our Nation which he makes again in were doing, and she wanted to say tional service. The award is transfer- this Serve America Act. thank you with a wave and a cheer able so that older volunteers can trans- This act is known on the Senate each morning. fer the education award to their chil- floor, depending on which side of the Throughout Illinois, the Equal Jus- dren or grandchildren—a perfect aisle you sit, as the Kennedy-Hatch tice Works Summer Corps Program generational legacy. Act or the Hatch-Kennedy Act. It is fit- provides crucial legal assistance to Each American has the power to ting that Senator HATCH would be communities. Law students give their make a small difference in the success teamed up with his old friend and polit- time and talents in exchange for a very of a child, the health of the environ- ical rival from time to time, Senator modest AmeriCorps educational award ment, or the lives of their hungry TED KENNEDY, as they both came to- of $1,000 for a summer of work, many of neighbors. All of those small dif- gether in a common effort to pass this them turning down far more lucrative ferences repeated over and over again important legislation. opportunities in the private sector. can add up to something truly power- I spoke earlier this week about the In 2008, the Summer Corps Program ful, truly inspiring. This bill will ex- Serve America Act which is now pend- had 23 members serving in my State, pand the opportunities for Americans ing before the Senate and what it and they served over 1,000 low-income to serve their communities. President would mean to our Nation. Let me tell people who couldn’t afford a lawyer Obama has urged us to pass this on a

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They are all, I am While the surveys I mentioned Now, in title V of the Serve America sure, equally meritorious and worth showed worsening attitudes toward Act, we have the opportunity to see a our consideration, but we need to fin- Americans and the declining popu- very similar program become a reality. ish this one. Let’s get this bill done so larity of the United States, studies This section authorizes the Volunteers that we can expand service and make have shown that in places where U.S. for Prosperity Office created by Execu- an even stronger Nation. citizens have volunteered their time, tive Order 13317 under President Bush. Mr. President, I yield the floor, and I money, and services, opinions of the This program promotes short- and suggest the absence of a quorum. United States have improved. long-term international volunteering The PRESIDING OFFICER. The To put it simply, some of our best opportunities with specific develop- clerk will call the roll. diplomats are our private citizens who ment objectives, and establishes the The assistant legislative clerk pro- spend time overseas working closely Volunteers for Prosperity Service In- ceeded to call the roll. with small communities and spending centive Program or VfPServe program Mr. FEINGOLD. Mr. President, I ask time with the citizens of other coun- which provides eligible skilled profes- unanimous consent that the order for tries. Their volunteer work is enhanced sionals with grants to offset the cost of the quorum call be rescinded. by their ability to share stories and volunteering abroad. This is a modest The PRESIDING OFFICER (Mr. create individual connections. Collec- program costing only $10 million per CASEY). Without objection, it is so or- tively the two are a force for positive year and yet it will significantly ex- dered. global change and greater cultural un- pand the numbers of Americans who Mr. FEINGOLD. Mr. President, I am derstanding. can participate. pleased to support the Serve America One example is a story from a con- I support Volunteers for Prosperity Act, which expands opportunities for stituent, Kathy Anderson from Mara- and, in fact, my global service fellow- Americans to serve their country at a thon, Wisconsin, who shared with me ship bill would have authorized that time of critical need. I thank Senator her thoughts on the exchange opportu- program. The amendment I am offer- ing, which is based on my legislation, KENNEDY and Senator HATCH for their nities she and her husband Mike have willingness to work with my staff to experienced, including a recent trip to makes a few changes to the current include language that ensures the vol- Ukraine to discuss farming methods language in title V. This is a modest unteers funded by this bill can also with folks under the Community Con- amendment but reflects suggested im- work on service projects that expand nections program: provements I have received from con- stituents, experts and organizations ac- access to affordable housing in our We have lots and lots of stories, but the tive in the field of international volun- communities. Providing more afford- headline may be that people interact with people at a very different level than coun- tarism. As we authorize the Volunteers able housing is one of Wisconsin’s most tries interact with countries. I may not like for Prosperity office, we should make pressing needs and language that Sen- what your country is doing, but if I get to sure the office has the utmost ability ator REED and I worked to insert will know you as an individual, I can still build to reach as many interested Americans help ensure that volunteers can build, a connection. Programs like these put a face as possible, particularly those who face improve, and preserve affordable hous- on the country, making it less abstract and impersonal. Once the guests get to know a financial barriers or time constraints. ing throughout the country. In the current bill, VfPServe would Just as voluntarism plays a crucial farmer from Wisconsin, I’m sure they also have a better understanding that our coun- help offset the cost of international role in strengthening our communities volunteering expenses for prospective and building a stronger America, that try is more than the image they see pre- sented by the politicians, or the sports fig- volunteers, provided that they match same energy, compassion, and knowl- ures, or the media folks. It’s real folks with dollar-for-dollar any grant awarded edge must also be harnessed to help re- the same kind of dreams, hopes, and wishes through the program. VfPServe will build our image abroad as it has been for the future that they have. And perhaps enable many dedicated volunteers to severely damaged over the past 8 years. we get a bit closer, one relationship at a raise the additional funds needed to The amendment I am offering today time. pursue international projects—but by with Senator VOINOVICH encourages Our Federal Government should con- requiring the dollar-for-dollar match those efforts by strengthening and ex- tinue to recognize the important role grants, participants in VfPServe would panding the Volunteers for Prosperity that people-to-people engagement can still be required to cover a substantial program authorized in title V of the play in countering negative views of amount of their expenses. bill. This program provides a valuable America around the world and help fa- Financial limitations are a common tool to assist international volunteer cilitate such opportunities by pro- obstacle to international volunteering service, and with my improvements I moting both short- and long-term by Americans, and I have heard from believe we can make it even more ef- international volunteer options for many constituents who are interested fective. U.S. citizens. Existing programs such in volunteering internationally but are A recent survey released by the Pew as the Peace Corps, Volunteers for unable to do so due to the cost. My Global Attitudes Project indicates that Prosperity, and the exchange programs amendment goes an extra step to en- between 2002 and 2008, opinions of the administered through the Department sure that even more Americans from a United States declined steeply in 14 out of State’s Bureau of Education and range of backgrounds can volunteer of the 19 countries polled. And a simi- Cultural Affairs already do tremendous abroad—not just those with the re- lar 2007 survey of over 45,000 people in work in this area. But even with these sources or time to pay for half of their 47 countries found that ‘‘[o]verall, the existing programs, we need greater, expenses. image of American people has declined more varied and more flexible citizen My amendment complements since 2002,’’ even among those who used diplomacy initiatives. Mr. President, VfPServe by establishing the VfP to count us as friends and allies. we can and should be doing more. Leader Program to award fixed grants The Obama administration has al- In 2007, I introduced the Global Serv- that would offset up to 80 percent of ready taken some important steps to ice Fellowship bill to offer U.S. citizens the costs of volunteering abroad, in- rebuild our image abroad, such as the the flexibility and support they need to cluding any sponsoring organization President’s decision to close Guanta- pursue international volunteering op- fees. In return for this higher Federal namo and redeploy troops from Iraq, portunities. This bill reduced barriers contribution, VfP Leaders must com- and his recent address to the people of to volunteering by offering financial mit to sharing their experiences with

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University; Boston University—Center for University of Tulsa; University of By continuing to serve as ambassadors International Health and Development; Cali- Vermont; University of Virginia—Alter- once they return home, VfP leaders fornia Colleges for International Education; native Spring Break; University of Wis- will be ensuring that more Americans California State University, San Marcos—Of- consin-Madison Global Studies & Go Global!; fice of Community Service Learning; Car- University of Wyoming Center for Volunteer learn about the benefits of inter- dinal Stritch University; Catholic Univer- Service, Wyoming Union; Washington Uni- national volunteering, and about peo- sity; Central Michigan University Volunteer versity in St. Louis—Center for Social Devel- ple and places beyond our borders. In Center; City College of New York; Chilean opment; Washington University in St. addition, my amendment would give Ministry of Education—National Volunteer Louis—Gephardt Institute for Public Serv- VfPserve participants the option of Center; College of William and Mary—Office ice; Western Connecticut State University— raising or providing private funds to of Student Volunteer Services; Columbia International Services; Western Piedmont meet their matching requirements. I University—School of International Public Community College Humanities/Social have heard from many organizations Affairs; Cornell University; Dowling College; Sciences; Western Piedmont Community Drexel University; Duke University—Center College Student Development; and White that the inability to raise adequate for Engagement & Duke Engage; Duke Uni- Plains City School. funds has stymied a number of individ- versity—Global Health Institute; Emory VOLUNTEERING & SUPPORTING uals from fully participating in the University; and Everett Community Col- ORGANIZATIONS—MARCH 2009 program. This small tweak will open lege—World Languages. ACDI/VOCA; Action Without Borders/Ideal- the door wider to those interested to George Mason University—Multicultural ist.org; Adventure Aid; American Bar Asso- participate in either VFP program, Research and Resource Center; George Wash- ciation Rule of Law Initiative; American who may be willing and able to spend ington University; Georgetown University— Jewish World Service; American Refugee Center for Social Justice; Georgia Institute Committee; Amigos de las Americas; some of their own money to do so. of Technology—Community Service; Global The VIP Leader Program would be AngelPoints; Atlas Corps; BeGlobal; Bridges Citizen Year; Hartwick College; Hillsborough to Community, Inc.; Building Blocks Inter- administered by the VfP office, along Community College Grants Development; with the VfPserve program in the bill. national; Catholic Medical Mission Board; Iowa State University; James Madison Col- Catholic Network of Volunteer Services; The USAID Administrator would be in lege; John Hopkins University; Kennesaw Catholic Relief Services; Child Family charge of awarding VfP leader grants College; Kingsborough Community College/ Health International; Christian Reformed and would develop the guidelines for CUNY—Academic Affairs; Lone Star Col- World Relief Committee; Citizens Develop- selecting recipients, based on the ob- lege—Tomball; Lone Star College— ment Corps; Cross-Cultural Solutions; and jectives laid out in the underlying bill, Tomball—Academic and Student Develop- Earthwatch Institute. ment; Lone Star College System—Inter- which include a commitment to help- Experiential Learning International; Fly national Programs and Services; Miami Dade for Good (Fly 4 Good); Foundation for Inter- ing reduce world hunger and combating College; Missouri State University—Inter- the spread of communicable diseases. national Medical Relief of Children; Founda- national Programs and Affairs; Monroe Com- tion for Sustainable Development; Global My amendment adds a few mote objec- munity College Foundation; Montgomery Citizen Year; Global Citizens Network; Glob- tives: providing disaster response, pre- College Office of Equity & Diversity; and al Medic Force; Global Volunteers—Partners paredness and reconstruction, pro- Moore School of Business. in Development; GlobalGiving Foundation; Mount Wachusett Community College; viding general medical and dental care Globalhood; Globe Aware; Greenforce; Habi- Mount Wachusett Community College—Com- tat for Humanity International; Hands On and promoting crosscultural exchange. munity Relations; NC Campus Compact; New Disaster Response; Health Volunteers Over- These are all important priorities, and York Medical College; New York Univer- seas; Hope Worldwide; Hudson Institute; In- opportunities for Americans to bolster sity—Office of Global Education; North Ar- novations in Civic Participation; Inter- our global image while providing essen- kansas College—Institutional Advancement; Action; and International Assoc. for Volun- Norwalk Community College—Academic Af- tial services. teer Effort (IAVE). Other than these additions, my fairs; Ohio University; Onondaga Community International Medical Corps; International College—Career and Applied Learning Cen- amendment does not change the under- Partnership for Service Learning; Inter- ter; Oregon University System; Palm Beach lying authorization of VfP, nor does it national Student Exchange Programs; Inter- Community College; Palm Beach Commu- change the total cost of title V. Au- national Student Volunteers; International nity College—President’s Office; Polk Com- Volunteer Programs Association; Inter- thorization for title V will remain at munity College—Grants; Ramapo College of national Volunteer Ventures LLC (IN- $10 million annually for the fiscal years New Jersey; Rutgers University; Santa VOLVE); Karuna International; 2010 through 2014, with half of the Monica College—Communication; Skagit LanguageCorps; Lifetree Adventures; Manna money appropriated for grants going to Valley College—College Advancement; Project International; Medical Teams Inter- Southwestern Oregon Community College the VIP Leader Program. national; Mobility International; National I would like to thank Senator VOINO- Service—Leanring; Stanford University— Haas Center for Public Service; and State Association of Social Workers (NASW); Na- VICH, who cosponsored the Global Serv- tional Peace Corps Association; Nourish ices Fellowship Acts of 2007, 2008, and University of New York—New Paltz Center for International Programs. International; Operation Crossroads Africa; 2009 and who is a cosponsor of this StonyBrook University; Syracuse Univer- Partners of the Americas; Partners World- amendment. This amendment is sup- sity Maxwell School of Citizenship and Pub- wide; Encore! Service Corps; and PEPY Ride. ported by 82 international volunteer lic Affairs; Tufts, The Fletcher School; Uni- Points of Light Institute; Prevent Human organizations such as American Jewish versity of California, Berkeley—Blum Center Trafficking; Projects Abroad; ProWorld World Service, Cross-Cultural Solu- for Developing Economies; University of Service Corps; Service for Peace; SEVA; Stu- dent Movement for Real Change; The Advo- tions, and the National Peace Corps California, San Diego—International Rela- tions and Pacific Studies; Richard J. Daley cacy Project; The Volunteer Family; Travel Association as well as 91 university Alive; UN Volunteers; United Planet; United international programs including the College; University of Connecticut Center for Continuing Studies, Academic Partnerships Way of America; US Center for Citizen Diplo- University of Maryland’s Office of and Special Programs; University of Con- macy; Volunteers for Economic Growth Alli- International Programs, its School of necticut Global Training & Development In- ance (VEGA); Volunteers for Peace; Volun- Public Policy and its Study Abroad of- stitute; University of Denver—Graduate teers for Prosperity (USAID); Winrock Inter- fice, and the Fletcher School at Tufts School of International Studies; University national; World Hope International/Hope University in Massachusetts. I would of the District of Columbia; University of Corps; World Servants; Worldteach; and like to submit the lists with all the Maryland—Office of International Programs; Youth Service America. supporting organizations and univer- University of Maryland—School of Public Mr. FEINGOLD. As we debate the sity international programs in their Policy; University of Maryland—Study Serve America Act and highlight the Abroad Office; University of Michigan— entirety for the RECORD. important role of volunteer service in There being no objection, the mate- International Center; University of Michi- our communities, we must not over- gan—Gerald Ford School of Public Policy; rial was ordered to be printed in the look the opportunities for volunteers University of Minnesota—Learning Abroad to help restore our image and standing RECORD, as follows: Center; University of Missouri, St. Louis— COLLEGE & UNIVERSITY MEMBERS—MARCH Center for International Studies; University abroad. Wisconsinites have a strong 2009 of North Carolina at Charlotte; University of tradition of public service, particularly American University; Boston College—The San Francisco; and University of Texas at among young people in my state and it Center for Corporate Citizenship; Boston Tyler—Office of Community Relations. is because of their consistent interest

VerDate Mar 15 2010 12:05 Aug 01, 2011 Jkt 079102 PO 00000 Frm 00013 Fmt 0686 Sfmt 0634 E:\BR09\S25MR9.000 S25MR9 erowe on DSK5CLS3C1PROD with BOUND RECORD 8516 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 7 March 25, 2009 in such opportunities that I offer this the rat hole, with no clear plan, no end rules of the game after they have been amendment today. in sight, and no positive return. So set? The administration, and I think International volunteering opportu- now, this week, the taxpayers need to we in Congress, must convince Wall nities are an effective method of ad- hear how the administration’s plan will Street and Main Street that the rules dressing critical human needs, building provide accountability, transparency, will not be changed again midgame. bridges across cultures, and promoting and oversight of taxpayer funds. What expert after expert has told me, mutual understanding. In turn, this First, Secretary Geithner needs to people who are looking at the market, can bolster our national and global se- tell taxpayers how this plan will pro- people who want to see the market suc- curity. Though they may be working tect their hard-earned dollars. Tax- ceed, what the markets desperately overseas, Americans who volunteer payers have the right to question need is certainty in a plan. abroad are truly serving the interests whether they are getting a fair deal Finally, will banks and financial in- of America. since the taxpayers are taking on the stitutions holding toxic assets be will- The VfPServe and VfPLeaders Pro- vast majority of the risks under the ing to participate in the program? De- grams would be a valuable addition to new public-private investment partner- spite what seems to be generous incen- our public diplomacy, to our develop- ship initiative. tives for private investors to purchase ment and humanitarian efforts over- Right now, private investors only the assets, it is not clear whether the seas. I encourage my colleagues to sup- stand to lose a small amount with banks will be willing to negotiate a fair port the amendment I will offer at a fu- their invested capital, with opportuni- deal with the Government and the ture time. ties for great returns. In other words, partners. If banks are not willing to Mr. President, I yield the floor. are we again privatizing profits but so- participate, then toxic assets will con- The PRESIDING OFFICER. The Sen- cializing losses? Do we run the risk tinue to clog the system. If they do not ator from Missouri. that this ends up being ‘‘heads they participate, will the administration fi- AMENDMENT NO. 688 win, tails taxpayers lose’’? This plan is nally turn to the Federal Deposit In- Mr. BOND. Mr. President, I rise dependent on taxpayers subsidizing and surance Corporation to resolve these today in support of the Crapo amend- excessive leveraging of private re- problem banks? ment which incorporates the Dodd- sources to purchase these toxic assets. Before closing, I note that we all un- Crapo bill that I have cosponsored. While it is important to encourage pri- derstand we need to strengthen the Every Senator in this Chamber has vate capital, and I believe that is the ability of our regulators to prevent heard from folks in their own commu- best solution, we seem to be using the this kind of systemic failure from oc- nities who have lost jobs, families same formula—but this time risking curring in the future, but we need to whose savings are disappearing, busi- billions of taxpayer dollars—that got consider any changes carefully. A crit- nesses that cannot meet payrolls. Un- us into the present situation. I am con- ical first step would be our pending fortunately, until we solve the root of cerned that the administration’s plan amendment which incorporates the Dodd-Crapo bill, S. 541, the Depositor the economic crisis—our credit crisis— appears to be too generous to Wall Protection Act, to boost the FDIC’s there will not be real relief or recovery Street investors, some of whom con- borrowing authority to deal with larg- for these struggling families and busi- tributed to the crisis. er institutions and to prevent further nesses. The second point is, what is the ulti- The bottom line is our financial sys- mate cost to taxpayers? Right now, the substantial fee increases on good banks. tem is not working. It has become administration projects that its plan I heard from smaller, well-per- clogged with toxic assets. Some call will initially require $100 billion in tax- forming banks in Missouri that did not payer funds to leverage up to $500 bil- them legacy assets, but they are toxic participate in the subprime and exotic lion in taxpayer dollars. But most esti- as well as old. Until they are removed, loans that will bear more costs to mates show there are about $2 trillion fear and uncertainty will continue to cover the failures of the large banks dominate the markets. of toxic assets in the system. I believe that did. These smaller banks should Earlier this week, Secretary the taxpayers deserve to know how not have to be a casualty of the mis- Geithner released his long-awaited de- much Secretary Geithner’s plan will takes of the larger financial institu- tails on the administration’s plan to really cost them. tions. Will the FDIC use the expanded Third, the administration and the solve the credit crisis. While Secretary authority that I hope we will give them Treasury Secretary need to explain Geithner did not take all of my advice, to return FDIC premiums to their pre- I am heartened that the administration how he will prevent the rules of the vious level? We need a diverse banking has finally developed a plan to tackle game from changing again. Since the system. We need a system. There are the most pressing issue facing our Na- initial rescue of Bear Stearns last sum- over 8,000 banks of all sizes in commu- tion and the largest obstacle to eco- mer, the previous and the current ad- nities and States throughout the Na- nomic recovery. ministrations have taken an ad hoc ap- tion. It is my hope that this financial All Americans need this plan to proach that has changed and shifted crisis resolution preserves that system work. Our Nation cannot afford an- numerous times. This ‘‘adhocracy’’ has instead of allowing it to be dominated other lost decade such as Japan faced amounted to throwing billions of good by a few ‘‘too large to fail’’ institu- in the nineties. No one wants to doom taxpayers’ dollars into failing banks, tions. the Nation’s families and workers to a treating the symptoms rather than the What else will the Treasury do? How recession any longer and deeper than cause, with no apparent exit strategy. will the Treasury assure these other the one we have already experienced. This ‘‘adhocracy’’ has resulted in fear banks will be strengthened when they But before the Government commits and uncertainty in our markets and are not in the top 20 on which the trillions more in tax dollars, I hope has done nothing to hasten the much Treasury seems to focus? Secretary Geithner will recognize that needed economic recovery. As a matter These are just a few of the critical he owes the taxpayers some answers to of fact, one skilled observer, Professor questions about Secretary Geithner’s some very important questions. John Taylor, said the lack of certainty untested, complicated plan. We, on be- Unfortunately, under the previous has been a great cause in the failure of half of taxpayers, deserve answers. administration and the current admin- the markets to respond positively to Taxpayers deserve to hear solutions istration, there have been too few an- any of the previous activities. that will work. It is more important swers and too many questions for tax- Is the plan announced this week the than anything else in solving the eco- payers about how economic rescue dol- one and final approach? Will the ad- nomic crisis that we solve the credit lars are being spent. Instead, under ministration stick to the plan? And crisis. both Treasury Secretaries Paulson’s just as important, what about Con- Our banking and financial system af- and Geithner’s watch, billions in tax- gress? Will we allow the plan to work fects every American’s standard of liv- payer dollars have been thrown down or will we come in later and change the ing, our ability to create and maintain

VerDate Mar 15 2010 12:05 Aug 01, 2011 Jkt 079102 PO 00000 Frm 00014 Fmt 0686 Sfmt 0634 E:\BR09\S25MR9.000 S25MR9 erowe on DSK5CLS3C1PROD with BOUND RECORD March 25, 2009 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 7 8517 jobs, and our ability to compete glob- and wisdom’’ as ‘‘valuable national as- The PRESIDING OFFICER. The ally. We must tackle the root of this sets.’’ clerk will call the roll. problem—the toxic assets—and lead us After years of public service, Mr. Kris The legislative clerk proceeded to out of the economic crisis and help joined Time Warner and even found call the roll. Americans get back to work. time to write a legal treatise on na- Mr. CARDIN. Mr. President, I ask I, like most Americans, am suffering tional security investigations and pros- unanimous consent that the order for from bailout fatigue. Rightfully so. ecutions. He is considered an expert on the quorum call be rescinded. Taxpayers are fed up over the waste of the Foreign Intelligence Surveillance The PRESIDING OFFICER. Without hard-earned tax dollars and the plans Act and leading authority on national objection, it is so ordered. that have wandered all over the lot in security law. f the past. Secretary Geithner now has a I urge my colleagues to support his tough challenge, and that is to con- nomination. EXECUTIVE SESSION vince the taxpayers that this plan is a I yield the floor. EXHIBIT 1 smart investment that will solve the NOMINATION OF DAVID S. KRIS TO root of our economic crisis. DAVID S. KRIS, ASSISTANT ATTORNEY GENERAL, NATIONAL SECURITY DIVISION BE ASSISTANT ATTORNEY GEN- Mr. President, I urge my colleagues ERAL to support the Dodd amendment. I Birth: 1966, Boston, Massachusetts. yield the floor. Legal Residence: Bethesda, Maryland. The PRESIDING OFFICER. Under Education: B.A., Haverford College, 1988; the previous order, the Senate will pro- The PRESIDING OFFICER. The sen- J.D., Harvard Law School, 1991. ior Senator from Pennsylvania. Employment: Clerk, Judge Stephen S. ceed to executive session to consider NOMINATION OF DAVID S. KRIS Trott, U.S. Court of Appeals for the Ninth the following nomination, which the Mr. SPECTER. Mr. President, I have Circuit, 1991–1992. Attorney, Criminal Divi- clerk will report. sought recognition to speak briefly on sion, U.S. Department of Justice, 1992–2000. The legislative clerk read the nomi- Associate Deputy Attorney General, U.S. De- nation of David S. Kris, of Maryland, the nomination of David S. Kris to be partment of Justice, 2000–2003. Vice Presi- Assistant Attorney General in the Na- to be Assistant Attorney General. dent, Time Warner, Inc., 2003–2005. Chief Mr. LEAHY. Mr. President, the Sen- tional Security Division of the Depart- Compliance Officer, Time Warner, Inc., 2005– ment of Justice. Present. Senior Vice President and Deputy ate has confirmed four nominees to fill Let me say preliminarily how nice it General Counsel, Time Warner, Inc., 2006– top leadership positions at the Justice is to see the other—I shouldn’t say Present. Nonresident Senior Fellow, Brook- Department officials, and today we ‘‘the other Senator’’—the Senator from ings Institution, 2008–Present. Adjunct Pro- take another step forward to put in Pennsylvania presiding today. I com- fessor of Law, Georgetown University Law place Attorney General Holder’s lead- Center, 2008–Present. National Security Ad- pliment Senator CASEY on an out- ership team. Today, the Senate turns viser, Hillary Clinton for President and standing tenure for, let me see, 2 years to the nomination of David Kris to lead Obama for America, 2008. DOJ Agency Re- the National Security Division. and almost 3 months. I express my ap- view Team Member, President-Elect Transi- preciation for his cooperation in work- tion Team, 2008–2009. I thank the Democratic and Repub- ing together on so many projects. Selected Activities: Award, Attorney Gen- lican members of the Judiciary Com- May I say further for the RECORD, eral’s Award for Exceptional Service, 1999, mittee for working with me to expedite since it is in black and white and not 2002. Award, Assistant Attorney General’s this nomination when it was in com- in Technicolor, I think there is a slight Award for Special Initiative, 1998. Awards for mittee. Senator FEINSTEIN chaired our Special Achievement (various dates prior to Judiciary Committee hearing on his blush on Senator CASEY for the war- 2000). Member, Edward Bennett Williams Inn ranted praise. nomination on February 25. We were of Court, 1995–2007; Massachusetts Bar, 1991– able to report his nomination out of Now on to the other subject at hand. Present; New York State Bar, 2003–Present; David Kris has been nominated for Maryland State Bar, 2008–Present. the committee by a voice vote on this very important position. He comes The PRESIDING OFFICER. The Sen- March 5. The Senate Select Committee to it with excellent credentials. He is a ator from Missouri. on Intelligence worked quickly to con- graduate of Haverford College, a col- Mr. BOND. Mr. President, I join with sider and report his nomination as lege I know very well, being my oldest my colleague from Pennsylvania in well. Finally, the Senate today con- son, Shanin, graduated there, and the urging my colleagues to give an over- siders his nomination to this critical Harvard Law School, an institution I whelming vote to David Kris. I have national security post. don’t know quite so well but one I hear had the pleasure of working with him The Judiciary Committee’s renewed is a very good school, not perhaps up on national security matters in my po- oversight efforts in the last 2 years to—well, I won’t comment about that. sition as vice chairman of the Intel- brought into sharper focus what for After graduation from law school, Mr. ligence Committee. I believe our na- years had been clear—that during the Kris served as clerk to Judge Stephen tional security will be well served by last 8 years, the Bush administration Trott on the Ninth Circuit; was in the Mr. Kris. I wholeheartedly endorse his repeatedly ignored the checks and bal- Criminal Division of the Department of nomination. ances wisely placed on executive power Justice for 8 years; was Deputy Attor- The PRESIDING OFFICER. The Sen- by the Founders. The Bush administra- ney General for 3 years. He has excel- ator from Utah. tion chose to enhance the power of the lent academic and professional stand- Mr. HATCH. Mr. President, I also President and to turn the Office of ards. wholeheartedly endorse his nomina- Legal Counsel at the Department of I ask unanimous consent to have Mr. tion. He is an extremely talented, expe- Justice into an apologist for White Kris’s resume printed in the RECORD at rienced intellectual in the law. I expect House orders—from the warrantless the conclusion of my comments. him to be one of the best we have ever wiretapping of Americans to torture. The PRESIDING OFFICER. Without had. I am very proud he is willing to Attorney General Holder has already objection, it is so ordered. serve in this administration and go taken steps toward restoring the rule (See exhibit 1.) through the processes many people are of law. With the confirmation of David Mr. SPECTER. Mr. President, Mr. trying to avoid at this particular point. Kris to lead the National Security Di- Kris has the commendations and rec- Let me just say, as the longest serv- vision, we fill another key national se- ommendations of both Attorneys Gen- ing person on the Senate Intelligence curity position in the Department. eral for whom he worked—Attorney Committee, we need people such as Mr. David Kris is a highly regarded vet- General Janet Reno and Attorney Gen- Kris in Government. I commend the ad- eran of the Department of Justice. He eral John Ashcroft. John Ashcroft, our ministration in cooperating and ap- is former Federal prosecutor who spent former colleague in the Senate who sat pointing him. 8 years as a career attorney in the on the Judiciary Committee, described Mr. President, I suggest the absence criminal division at the Department, Mr. Kris’s ‘‘intelligence, independence, of a quorum. handling complex cases in Federal trial

VerDate Mar 15 2010 12:05 Aug 01, 2011 Jkt 079102 PO 00000 Frm 00015 Fmt 0686 Sfmt 0634 E:\BR09\S25MR9.000 S25MR9 erowe on DSK5CLS3C1PROD with BOUND RECORD 8518 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 7 March 25, 2009 and appellate courts, including the Su- Mrs. FEINSTEIN. Mr. President, I rights officials and experts. Those let- preme Court. Mr. Kris was then a polit- rise today in strong support of the ters are in the hearing records at both ical appointee under both President nomination of David S. Kris to be As- committees. Clinton and President Bush, serving as sistant Attorney General for National It is important for the Senate to con- Associate Deputy Attorney General Security. sider this nomination and confirm Mr. from 2000–2003, supervising the govern- Mr. Kris was nominated by President Kris. Simply put, the Department of ment’s use of the Foreign Intelligence Obama on February 11, 2009, to fill this Justice needs him to get to work. Surveillance Act, FISA, representing important position. Since then, his The Assistant Attorney General posi- the Justice Department at the Na- nomination has been considered by the tion, currently vacant, is the primary tional Security Council and in other Judiciary Committee and then sequen- official overseeing the Foreign Intel- interagency settings, briefing and tes- tially by the Intelligence Committee. I ligence Surveillance Act implementa- tifying before Congress, and assisting had the honor of chairing both of these tion and signs applications going to the the Attorney General in conducting hearings, so am as familiar with any FISA Court. oversight of the U.S. intelligence com- Member with his record. Because of the legislation passed last munity. Both the Judiciary Committee and year, Mr. Kris will need to start imme- Mr. Kris understands the role the Intelligence Committee favorably re- diately to prepare new certifications Bush administration’s excesses have ported the nomination without dissent. and supporting materials that the ex- played in undermining the Department The position of the Assistant Attor- ecutive branch will have to submit to of Justice and the rule of law. In 2006, ney General for National Security was the FISA Court. As such, he would be Mr. Kris released a 23-page legal memo- created in the USA PATRIOT Improve- the official at the Department of Jus- randum critical of the legal rationale ment and Reauthorization Act of 2005 tice most directly involved in ques- offered by the Bush administration, out of recognition that there should be tions of setting minimization and tar- and in support of the legality of the a single official in the Department of geting procedures, reviewing the Attor- National Security Agency’s warrant- Justice who is responsible for national ney General’s guidelines under the act, less wiretapping program. Mr. Kris was security. and making sure that the intelligence an early advocate for the creation of The Assistant Attorney General is collection is carried out faithfully the National Security Division he has the bridge between our Nation’s intel- under the law. now been confirmed to lead, leaving a ligence community and the Depart- Separately, an Assistant Attorney lucrative practice as an in-house coun- ment of Justice. He or she represents General should be playing a key role in sel for a major corporation to return to the Government before the FISA Court the executive branch review of how to government service. and is also the Government’s chief handle individuals currently held at Mr. Kris’ nomination has also earned counterterrorism and counterespionage Guantanamo Bay. Mr. Kris has an- support from both sides of the aisle. prosecutor. swered numerous questions on this Former Bush administration Solicitor David Kris is highly qualified for this topic during his confirmation hearings General Ted Olson, who worked with critically important national security and shares my view that there must be Mr. Kris at the Department, describes position. an appropriate legal process upholding Mr. Kris as ‘‘a very sound lawyer,’’ who He has both figuratively and literally any decisions to detain individuals. ‘‘is committed to the defense of the ‘‘written the book’’ on national secu- However, he also believes, correctly in United States and its citizens, and re- rity. my view, that great care must be taken spects the rule of law and civil rights.’’ Mr. Kris spent 11 years as a pros- to ensure that anyone at Guantanamo Former Deputy Attorney General ecutor in the Justice Department, and who is transferred to other nations Larry Thompson, who asked Mr. Kris he knows its national security func- must not be allowed to pose a con- to remain in his post during the Bush tions well. tinuing threat to our national security. administration, writes that he asked During the Bush administration, he I am pleased that this nomination Mr. Kris to stay after finding that ‘‘he was the Associate Deputy Attorney has finally reached the floor, and I urge had a passion for national security General for national security, where he the confirmation of David Kris. litigated national security cases and issues but also a deep respect and ap- The PRESIDING OFFICER. The Sen- oversaw intelligence activities. When preciation for the related civil liberties ator from Maryland. Congress considered merging the De- concerns.’’ Former Bush administra- Mr. CARDIN. Mr. President, I ask for partment’s national security functions tion Homeland Security Secretary Mi- the yeas and nays. under a single office, Kris was one of chael Chertoff and former Attorneys The PRESIDING OFFICER. Is there a General Janet Reno and John Ashcroft the experts consulted. After leaving Federal Government sufficient second? have all written in support of Mr. Kris’ There is a sufficient second. nomination. service, Mr. Kris remained very active The question is, Will the Senate ad- President Obama has reminded in the field of national security law. He vise and consent to the nomination of Americans and the world that, ‘‘to coauthored of the most widely used David S. Kris, of Maryland, to be As- overcome extremism, we must also be legal treatise in this area. His book, ti- sistant Attorney General? vigilant in upholding the values our tled ‘‘National Security Investigations troops defend—because there is no and Prosecutions’’, provides a step-by- The clerk will call the roll. force in the world more powerful than step analysis of all of the law that gov- The legislative clerk called the roll. the example of America.’’ The Presi- erns Government activity in response Mr. DURBIN. I announce that the dent reminded us that ‘‘living our val- to terrorist threats. Senator from Massachusetts (Mr. KEN- ues doesn’t make us weaker, it makes During the debate last year over re- NEDY) is necessarily absent. us safer and it makes us stronger.’’ writing the Foreign Intelligence Sur- Mr. KYL. The following Senator is David Kris understands the moral veillance Act, Mr. Kris spent signifi- necessarily absent: the Senator from and legal obligations we have to pro- cant amounts of his personal time Wyoming (Mr. ENZI). tect the fundamental rights of all meeting with personnel from both the The PRESIDING OFFICER. Are there Americans and to respect the human Judiciary and Intelligence Committees any other Senators in the Chamber de- rights of all. He knows, as do the Presi- to offer his expertise and judgment. siring to vote? dent and the Attorney General, that we In addition to his expertise, Kris has The result was announced—yeas 97, must ensure that the rule of law is re- received high marks for his commit- nays 0, as follows: stored as the guiding light for the work ment to the rule of law. Both commit- [Rollcall Vote No. 109 Ex.] of the Department of Justice. tees to consider his nomination re- YEAS—97 I congratulate Mr. Kris and his fam- ceived numerous letters of support Akaka Barrasso Bayh ily on his confirmation today. from distinguished legal and privacy Alexander Baucus Begich

VerDate Mar 15 2010 12:05 Aug 01, 2011 Jkt 079102 PO 00000 Frm 00016 Fmt 0686 Sfmt 0634 E:\BR09\S25MR9.000 S25MR9 erowe on DSK5CLS3C1PROD with BOUND RECORD March 25, 2009 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 7 8519 Bennet Graham Murkowski country, the United States, consump- facturer generally receives no govern- Bennett Grassley Murray tion accounts for 70 percent of our ment subsidies. The Chinese manufac- Bingaman Gregg Nelson (FL) Bond Hagan Nelson (NE) GDP. This economic codependency has turer often receives some subsidies for Boxer Harkin Pryor bred a dangerously skewed financial re- the development of new technologies Brown Hatch Reed lationship. As revenues flow out of the and, often, subsidies for export assist- Brownback Hutchison Reid United States and into China, China ance. The Chinese manufacturer bene- Bunning Inhofe Risch Burr Inouye fits from China’s manipulation of its Roberts has become our biggest lender. Imagine Burris Isakson Rockefeller what that is going to look like if we currency which gives it up to a 40-per- Byrd Johanns Cantwell Johnson Sanders continue these policies in the years cent cost advantage. Cardin Kaufman Schumer ahead. What it means for sovereign The Ohio manufacturer is going Carper Kerry Sessions wealth funds, the collection of United green, investing in new technologies Shaheen Casey Klobuchar States dollars held by Chinese banks, and efficiency to create more sustain- Chambliss Kohl Shelby Coburn Kyl Snowe Chinese Government treasury, Chinese able production practices. Ohio manu- Cochran Landrieu Specter businesses, the number of United facturers are part of the movement to Collins Lautenberg Stabenow States dollars, because of their trade become more energy efficient. They Conrad Leahy Tester surplus, coming from our trade deficit will do their job to reduce carbon emis- Corker Levin Thune Cornyn Lieberman Udall (CO) situation—I do not need to detail the sions but not at the expense of jobs if Crapo Lincoln Udall (NM) risk that relationship breeds. But its China and other countries don’t take DeMint Lugar Vitter roots lie in our economic codepend- comparable action. When an Ohio man- Dodd Martinez Voinovich ency, and our economic codependency ufacturer petitions for relief, when he Dorgan McCain Warner Durbin says, ‘‘I can compete with anyone, but McCaskill Webb is rooted in our Nation’s passive trade Ensign McConnell Whitehouse policy. this is not a level playing field;’’ when Feingold Menendez Wicker Senator SANDERS and Senator WHITE- the Ohio manufacturer says he wants Feinstein Merkley Gillibrand Mikulski Wyden HOUSE, joining me on the floor, with to emit less carbon but needs to see the Presiding Officer, all understand that his competitors from China bear NOT VOTING—2 what these trade agreements have the same cost on similar time lines, Enzi Kennedy done, this passive trade policy that we what does the Chinese Government The nomination was confirmed. have practiced for more than a decade, say? They call it protectionism. The PRESIDING OFFICER. Under what that has done to our country. Last week Energy Secretary Chu the previous order, the motion to re- Ohio is one of the great manufac- noted in a hearing that unless other consider is considered made and laid on turing States in our Nation. We make countries bear a cost for carbon emis- the table. The President will be imme- paper, steel, aluminum, glass, cars, sions, the United States will be at a diately notified of the Senate’s action, tires, solar panels—one of the leading disadvantage. The Chinese official re- and the Senate will resume legislative States in the country manufacturing sponded: session. solar panels—polymers, wind turbines, I will oppose using climate change as an f and more. Look around you today and excuse to practice protectionism on trade. you will see, wherever you go, some- Chinese officials are quick to call us LEGISLATIVE SESSION thing that was made in Ohio. protectionist, a country that has an So let’s look at a typical Ohio manu- $800 billion trade deficit, despite all the NATIONAL SERVICE facturer and compare that with a Chi- protections the Chinese afford its man- REAUTHORIZATION ACT—Continued nese manufacturer. The Ohio manufac- ufacturers. Meanwhile, the United turer has a minimum wage to pay his States has the world’s most open econ- The PRESIDING OFFICER. The Sen- workers, as he should. The Ohio manu- omy, as we should. ator from Ohio is recognized. facturer has clean air rules, safe drink- Of course, Chinese officials are often Mr. BROWN. Mr. President, I ask ing water rules, workplace rules, prod- joined by highly paid American CEOs, unanimous consent to speak as in uct safety standards by which to abide, by Ivy League economists, by editorial morning business. helping to keep our workers healthy boards at darn near every newspaper in The PRESIDING OFFICER. Without and productive, helping to keep cus- the country in calling any effort to re- objection, it is so ordered. tomers safe, helping to create a better, build American manufacturing protec- AMERICAN AND CHINESE ECONOMIES more humane society. tionist. In newspapers around the coun- Mr. BROWN. Mr. President, the cur- Worker safety, environment, public try, when we fight for American jobs rent financial crisis paints our eco- health, treating workers properly, and say we need a level playing field, nomic relationship with China in broad these are all things our country and newspapers will say we are protec- relief. Our economies are not healthy, the values it represents has brought to tionist. That is why there is such a China’s economy, the economy of the us. The Chinese manufacturer has no sense of urgency about changing this United States. And worse, these two minimum wage to maintain, is allowed manufacturing policy. China’s indus- countries’ economies, ours and China’s, to pollute local water sources, is al- trial policy is based on unfair trade are codependent. lowed to let workers use dangerous and practices. It involves direct export sub- The U.S. official unemployment rate faulty machinery and, frankly, wheth- sidies and indirect subsidies such as is 8.1 percent. In my State of Ohio, it is er it is in a vitamin or food of some currency manipulation and copyright 9.4 percent, the highest rate inflicted kind, is allowed to use, too often, toxic piracy, hidden subsidies such as lax on our State in 25 years. Meanwhile, substances, such as on children’s toys standards and low labor costs, and un- tens of thousands of factories in China with lead-based paint, things such as enforced environmental rules. In total, have closed over the past 6 months. that. Chinese manufacturing doesn’t do it results in millions of lost jobs—in China is one enormous export plat- any of the things the Ohio manufac- Erie, Pittsburgh, Philadelphia, Cleve- form, and the United States is its big- turer does. land, Youngstown, Sandusky, gest customer. We, for all intents and The Ohio manufacturer pays taxes, Zaynesville, and Lima, all over the purposes, have stopped buying. Morgan health benefits, pays into Social Secu- States. Stanley economists report that exports rity and Medicare, typically allows It is also depressing wage and income account for 47 percent of the economies family leave, and gives WARN notices levels worldwide, while China’s exploi- of China and other East Asian nations. when there is a plant closing. The Chi- tation of environmental and health and Literally 47 percent of their economy, nese manufacturer does little of that, safety standards injures Chinese, some- almost half of their economy, is de- but the Chinese manufacturer also al- times kills Chinese workers and citi- voted to export in China and other lows child labor, which is expressly for- zens, and adds to our climate change Eastern Asian countries, while in our bidden in this country. The Ohio manu- challenges. The health of our economy,

VerDate Mar 15 2010 12:05 Aug 01, 2011 Jkt 079102 PO 00000 Frm 00017 Fmt 0686 Sfmt 0634 E:\BR09\S25MR9.000 S25MR9 erowe on DSK5CLS3C1PROD with BOUND RECORD 8520 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 7 March 25, 2009 the strength of our middle class de- communities and makes our society to perform jobs for which they can re- pends on how Congress and how the better, through teaching, mentoring ceive well-paying salaries. Obama administration engages with and tutoring children, cleaning up riv- But yesterday these community col- China on these issues. ers and streams, building housing for lege students, of course, were here to I yield the floor. the homeless, and addressing the med- talk about the issues that are on their f ical needs of the ailing, to name a few mind. They heard from Dr. Jill Biden endeavors that are so critical. and Secretary Duncan, among others. I RECESS The AmeriCorps, Learn and Serve appreciate how eager they were to The PRESIDING OFFICER. Under America, and Senior Corps programs learn what is going on here in Wash- the previous order, the Senate stands have greatly benefitted my State. ington. Indeed, I bet there are a lot of in recess until 2 p.m. Rhode Island has a proud tradition of people who would like to know what is Thereupon, the Senate at 12:33 p.m., service and was one of the first States going on here in Washington. recessed until 2 p.m. and reassembled to embrace the AmeriCorps program. I encouraged them to learn about the when called to order by the Presiding More than 14,000 Rhode Islanders par- issues and express their views. I told Officer (Mr. KAUFMAN). ticipated in those programs last year. them that as far as I can tell, their f Participants in these programs are generation will bear the consequences given an opportunity to learn as well of the reckless spending this Congress NATIONAL SERVICE as an opportunity to serve. In the act is engaged in, in a budget that simply REAUTHORIZATION ACT—Continued of serving their community, partici- spends too much, taxes too much, and The PRESIDING OFFICER. The Sen- pants often make a difference in their borrows too much. ator from Texas. own lives—developing their own knowl- Students will ultimately end up— Mr. CORNYN. Mr. President, I ask edge, skills, character, and self-esteem, after they finish their education and unanimous consent that Senator REED and incorporating an ethic of civic re- enter the workforce—paying those from Rhode Island be recognized first, sponsibility for the rest of their lives. higher taxes under this proposed budg- for up to 5 minutes, and then I be rec- As a cosponsor of this legislation, I et. This proposed budget calls for $1.4 ognized, following him, for up to 10 am particularly pleased that this bill trillion in additional net taxes over the minutes. includes changes I advocated to maxi- next 10 years. The PRESIDING OFFICER. Without mize Rhode Island’s funding through Students are trying to figure out how objection, it is so ordered. the AmeriCorps and Learn and Serve these higher taxes will actually impact The Senator from Rhode Island. programs. The Serve America Act in- the opportunities they will have as Mr. REED. Mr. President, I rise in cludes a statutory small State min- they enter the workforce. Some of strong support of H.R. 1388, the Serve imum for the AmeriCorps and Learn these taxes will hit these students at America Act. I particularly commend and Serve formula programs for the the toughest time; that is, right as Senator MIKULSKI for her leadership on first time. It also includes a provision they enter their first job. this very important initiative. She has I authored to ensure that small, inno- We know the engine of job creation done more than anyone to bring this vative AmeriCorps programs such as in America is our small businesses. In bill to the floor and it being on the those found throughout Rhode Island fact, of those small businesses that em- verge of successful passage. I say thank get their fair share of competitive ploy between 10 and 500 employees— you, Madam Chairwoman as well as grant funding. Additionally, I am which are the principal job creators in Senators KENNEDY, HATCH, and ENZI for pleased that this legislation includes our country—50 percent of them will your excellent work on this bill. changes I sought to encourage volun- experience higher tax rates because This bipartisan legislation reauthor- teers to focus on helping low-income many of them are not incorporated. izes the National and Community Serv- individuals find affordable housing. They are sole proprietorships. They are ice Act for the first time since 1993. It This is legislation that is important. partnerships. They are subchapter S strengthens our commitment to the It is critical. It lives up to our highest corporations, where the income actu- importance and value of national and traditions as a nation; that is, to be ally flows through and is reported on community service for individuals of something more than one who enjoys an individual tax return. all ages. their rights but also who discharges So it is not true to say these will I was pleased the American Recovery their responsibilities through service only affect the rich. Indeed, these taxes and Reinvestment Act that was signed to the community and the Nation. I will affect the very job engine that cre- into law last month included $154 mil- urge passage. ates the jobs we ought to be worried lion for AmeriCorps State and national The PRESIDING OFFICER. The Sen- about retaining and indeed creating programs and AmeriCorps VISTA. This ator from Texas. more of. funding is estimated to engage 13,000 THE BUDGET I also talked to these students about additional individuals in service to Mr. CORNYN. Mr. President, I am a how they will feel the impact of higher their communities. In his address to member of the Budget Committee. Sen- energy costs on their electric bill. You Congress last month, President Obama ator CONRAD is our chairman. Senator may wonder what I am talking about. encouraged ‘‘a renewed spirit of na- GREGG is our ranking member. As the Well, we all care about the environ- tional service for this and future gen- Senate knows, this week we will be ment. As a matter of fact, I reject the erations’’ and called for quick congres- taking up the President’s proposed notion of people who actually say: sional action on the legislation we seek budget, and I want to speak for a few Well, we care about the environment, to pass today. minutes about that subject. and you do not care. I think we all care There are a variety of ways to serve Yesterday I had the opportunity to about the quality of the air we breathe, your country. You can serve in the speak to a number of students who the quality of the water we drink. I Armed Forces, as I did, or you can were here because they want to make cannot imagine someone who does not. serve in your community, as so many sure Congress continues to provide These students, though, I think are Americans are doing today. More than them an opportunity to study at our understandably skeptical of the com- ever, being a good citizen means not Nation’s community colleges. I am a plex and unproven cap-and-trade only working hard and providing for strong believer in the role of commu- scheme the President’s budget wants to one’s family but also being an engaged nity colleges as a less expensive yet import from Europe, which will actu- and contributing member of the com- outstanding opportunity to earn a good ally ultimately increase the cost of en- munity, and particularly to those most education, but it being also a part of ergy, including electricity. That is why in need in your community. our workforce development and train- some people have called it a national We make ourselves better by engag- ing, where industry can come in and sales tax on energy, if, indeed, this ing in service that gives back to our match up a curriculum to train people complex and unproven cap-and-trade

VerDate Mar 15 2010 12:05 Aug 01, 2011 Jkt 079102 PO 00000 Frm 00018 Fmt 0686 Sfmt 0634 E:\BR09\S25MR9.000 S25MR9 erowe on DSK5CLS3C1PROD with BOUND RECORD March 25, 2009 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 7 8521 plan is passed as part of the President’s stimulus bill, there was a provision I know from my parents, members of budget. stuck in the conference report that the ‘‘greatest generation,’’ the one Then there is the issue of the caps protected the bailout bonuses for the thing they aspired to more than any- placed on charitable deductions for executives of AIG. Then, of course, thing else was that my brother and my taxpayers who take advantage of that there was the understandable uproar sister and I would have a better life, tax break when they contribute money over that. That is what happens when a more opportunities, more freedom, a to good and worthy purposes. Many bill is printed and circulated at 11 better standard of living than they did. community college students receive o’clock at night, on a Thursday night, And they were willing to sacrifice for scholarships from foundations that are and we are required to vote on it in less that, and sacrifice they did. But it funded by charitable contributions. As than 24 hours the next day. That is not seems to me the sacrifices we are call- a matter of fact, charitable giving is the kind of transparency, that is not ing for today are all on our children one of the things that is part of our Na- the kind of accountability, that is not and grandchildren, and none upon the tion’s great tradition of voluntarism— what will actually give people more present generation. something Alexis de Tocqueville called confidence in their Government-elected The President says he wants to make ‘‘public associations’’—things you do officials. To the contrary. There is an- hard decisions. But I do not see any not get paid for but things that people other provision in this omnibus bill hard decisions in this budget. All I see do because they think it is the right that has essentially started a trade war is more borrowing, more taxing, and thing to do and they have the oppor- with Mexico, something that causes me more spending, and that is exactly the tunity to do in our great country. grave concern. wrong way we ought to be headed. This budget would actually cap char- So as we consider the President’s $3.6 Mr. President, I thank the Chair and itable contributions, which will actu- trillion budget proposal, we should re- yield the floor. ally reduce the tax incentive for indi- member the lessons of the past 2 The PRESIDING OFFICER. The Sen- viduals to contribute money to good weeks: spending so much money, so ator from Michigan. causes such as the Tyler Junior College quickly, can lead to unintended con- Ms. STABENOW. Mr. President, I ask Foundation in Tyler, TX. The founda- sequences, to say the very least, but unanimous consent to speak as in tion is understandably concerned that the biggest consequence of this budget morning business. raising taxes without increasing the is the amount of debt we are accumu- The PRESIDING OFFICER. Without charitable tax deduction will limit lating. I have already talked about it a objection, it is so ordered. their ability to offer as many scholar- minute. Ms. STABENOW. Mr. President, we ships in future years. But, of course, we were shocked, and know our planet is in danger, and later So these tax increases will, in effect, I think even the President and the ad- this year we will be debating a climate limit the opportunities for these com- ministration were shocked, by the Con- bill to address our environmental chal- munity college students, including gressional Budget Office, the non- lenges. I am glad to see my colleagues folks in my State, in east Texas, in partisan office which evaluates finan- from the other side of the aisle are Tyler, TX. cial matters for Congress, which said doing their part for the environment Then there is the issue of raising the President’s budget will actually by recycling 15-year-old talking points taxes generally and spending. These create deficits averaging nearly $1 tril- on the budget. students know Congress is already lion a year for the next decade. President Bush left us a terrible spending a whole lot of their money be- I mentioned the fact that it would mess: high unemployment, high defi- cause it is all borrowed money. In fact, double the debt in 5 years, triple it in cits, millions without health care. I am we have spent more money since this 10 years. The Congressional Budget Of- referring to the first President Bush Congress convened this year than has fice said the size of the national debt as and the mess inherited by President been spent for the Iraq war, the war in a percentage of the economy will be- Bill Clinton. One of my colleagues at Afghanistan, and in Hurricane Katrina come the highest since the years after the time said Clinton’s budget would recovery. We have done that already. World War II. ‘‘destroy the economy.’’ Well, I think And this budget calls for doubling the So these students who start college everyone knows the Clinton years did debt in 5 years and tripling the debt in this year will see their share of the na- not destroy the economy. In fact, they 10 years. tional debt grow from $19,000 per stu- created about 22 million new jobs. These students, understandably—be- dent to more than $36,000 per student Let’s look at some of the newspaper cause they are going to be the ones we after graduation from a 4-year pro- headlines from back then. First of all, are going to look to to pay that money gram. By 2019, their share of the debt just this week, Politico’s banner head- back or bear that tax burden—should will grow to more than $55,000 per per- line was: ‘‘GOP Warns About Budget be concerned and, indeed, they are con- son. Can you imagine, with the money Hardball.’’ That is what we have been cerned that so much money is being they have to borrow to fund their edu- hearing on the floor—hardball, people spent so recklessly. In fact, it is impos- cation, with their credit card debt—and coming down time after time attacking sible for me to imagine it will be spent I do not know any student who does President Obama’s budget. without huge sums of money actually not have sizable credit card debt—we But back in 1995, we heard the same being wasted. are going to heap $55,000 in additional thing: ‘‘GOP Plan for Budget to Take We have already seen evidence of debt on these students. That is a tough No Prisoners.’’ that. In the stimulus bill—the Presi- way to start out your life after school In 1993: ‘‘GOP’s Politics of No.’’ dent said he wanted on his desk in as you start your first job. Today’s col- Sound familiar? GOP’s politics of no. short order, which was rushed through lege students will ultimately have to In 1993: ‘‘One-Word Vocabulary Hob- the Senate and through the Congress— pay back the debt, as well as the gen- bles GOP. Republicans Grouse as Sen- $1.1 trillion, including the debt and in- erations that succeed them. All bail- ate Takes Up Budget Bill.’’ You could terest on the debt—we found out, once outs, one way or another, will come recycle and, in fact, that is what they we passed the next bill, which was a out of their pocket. are doing, every single one of these $410 billion Omnibus appropriations I urge my colleagues to understand comments and every single one of these bill, that, lo and behold, Congress had the impact on this younger generation headlines. actually doubly funded 122 different of a budget that taxes too much, The American people voted for programs in the bill. We acted with spends too much, and borrows too change last November. They are tired such haste, with such little care, with much. Because of our actions, the next of all of this. They are tired of the nay- such little deliberation, that we found generation will either have to raise saying, the doom and the gloom. They out we doubly funded 122 programs. more taxes or cut programs that are deserve better than a Republican re- Indeed, we found out in recent days necessary or lower their standard of peat, and that is, unfortunately, what that in the conference report on the living. is happening: a Republican repeat,

VerDate Mar 15 2010 12:05 Aug 01, 2011 Jkt 079102 PO 00000 Frm 00019 Fmt 0686 Sfmt 0634 E:\BR09\S25MR9.000 S25MR9 erowe on DSK5CLS3C1PROD with BOUND RECORD 8522 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 7 March 25, 2009 same old politics, same old politics of hopefully, this afternoon, I think all of I am proud to support it. I also wish to no, slow-walking, filibustering; same my colleagues know the FDIC has just say I have an amendment I hope we old policies; every problem should have put in place a special assessment. My will be able to accept by voice this a tax cut for the wealthy. That is what guess is every person in this body has afternoon. It is the amendment that got us into this mess. heard from community bankers and re- calls for a tribal liaison to the Corpora- We hear the same old thing from our gional bankers and even larger estab- tion of National and Community Serv- colleagues on the other side of the lishments about this special assess- ice in order to keep Indian tribes in aisle. We hear no to health care reform ment. this country fully involved in this and the budget, no to creating 3.5 mil- I know in Tennessee, many of the process. lion new jobs through the recovery community banks actually would have Some of the highest rates of unem- plan. We hear no to increasing over- to spend an entire quarter’s earnings to ployment in this country exist within sight of our financial sector. We hear pay this special assessment. So by Indian tribes. The opportunity to par- no to extending unemployment for doing what we are doing in this amend- ticipate in, for example, the National those most in need. Certainly, in my ment, we actually give the FDIC time Committee Service Program would be great State of Michigan the answer has to amortize that special assessment very important. So I know this amend- been no. To a commonsense budget over a number of years which will ment is supported by the chair and the that provides middle-class tax cuts and cause it to be far more palatable for ranking member, and I hope we can ac- will cut the deficit in half in 4 years, community bankers, in particular, who cept it by voice vote at some point this what do we hear? No. have had nothing whatsoever to do afternoon. The budget we are working on now with the financial crisis in which we Mr. President, I would inform Sen- focuses on the real problems affecting find ourselves. ator MIKULSKI that I wanted to de- American families, the things that peo- Secondly—and I think this ought to scribe to my colleagues something that ple sit down with their families and be equally important to people here— is happening in our State as I speak, struggle over every day. The Obama this gives the FDIC the ability to move and I wanted to do so in morning busi- budget invests in America’s future by into an organization quickly and to ness so it doesn’t interrupt the flow of focusing on jobs, by focusing on health seize it to protect depositors’ accounts. the debate over this bill. So I ask unan- care, by focusing on energy independ- I know right now the fund is running imous consent to speak as in morning ence, and education. That is what our thin. My guess is that could affect— business to describe the flooding threat families are concerned about as they and actually the FDIC has lobbied for that is occurring in my State at this are trying to juggle what to pay first this—this might affect future actions if moment. amidst the crisis they feel today. they don’t feel as though they have the The PRESIDING OFFICER. Without This is a budget we need to do right resources necessary to go into an orga- objection, it is so ordered. now. We need to move past the politics nization to do the things they need to (The further remarks of Mr. DORGAN of no and start working together to do do to make sure depositors are pro- are printed in today’s RECORD under what is right for American families. I tected. ‘‘Morning Business.’’) urge my colleagues to look past the This action is action for which I The PRESIDING OFFICER. The Sen- next election cycle and to pass this would imagine we could almost get ator from Maryland is recognized. budget to get America back on track unanimous support. As a matter of Ms. MIKULSKI. Mr. President, later again. fact, my guess is we could voice vote this afternoon we are going to be vot- I thank the Chair. I yield the floor. this. As a matter of fact, I hope that ing on the Crapo amendment, No. 688, The PRESIDING OFFICER. The Sen- will occur this afternoon. to increase borrowing authority for the ator from Tennessee. In the past, this legislation has been FDIC. I will not be supporting the Sen- AMENDMENT NO. 688 held hostage to what is called the ator’s amendment even though I agree Mr. CORKER. Mr. President, I rise to cram-down provision. The cram-down there is much about the policy in the speak regarding amendment No. 688, provision has been before this body. It amendment that I agree with. It might the Crapo-Corker amendment. I say to was defeated overwhelmingly. Numbers be a good idea, but it is in the wrong the Senator from Michigan, this is an of Democrats thought it was bad legis- place. opportunity for us all to say yes. lation. There have been a few Senators The bill pending before the Senate is This is an amendment that is very who have tried to attach cram-down to the national service bill. It is the re- important to people all across the this legislation that we will be voting sult of bipartisan, bicameral work— country. What this amendment does is on this afternoon and tried to extort very complicated bipartisan, bicameral it gives the FDIC the ability to have a action on cram-down by virtue of hold- negotiations—on which we have strong line of credit that today is at $30 bil- ing this very good piece of policy at support from a range of Senators and lion, and it gives them a line of credit bay. strong support from the administra- up to $100 billion. The FDIC was put in It is my hope this afternoon that we tion. Introducing contentious housing place in 1991 when banking assets in will do something that is very impor- and economic issues into this debate our country were at $4.5 trillion. tant, especially to community bankers would jeopardize the bipartisan support Today, bank assets in our country across the country but also to deposi- we have on this bill and could wreak total almost $14.7 trillion. We have an tors to make sure we have the ability havoc in the conference we will be fac- FDIC today that is hamstrung because to protect them: that the FDIC has the ing with the House. We don’t want to of the financial crisis in which we find ability to move quickly. Move aside be in havoc with the House. It is one ourselves. So this amendment would from extortionary politics and move thing to be negotiating assertively, raise that line of credit from $30 bil- toward doing something that is good representing a Senator’s viewpoint lion, which is an ancient establish- for our country, good for community with the House on national service and ment, to $100 billion. bankers, and certainly very good for what is the best, most prudent, and af- Secondly, what it would do is give depositors all across this country. fordable way to do it, but if we have to the FDIC—with certain signatures re- Mr. President, I thank you for this carry over to the House an amendment quired from the Fed, from the Treas- time. I yield the floor. dealing with FDIC and insurance—that ury, from others—access to a $500 bil- The PRESIDING OFFICER. The Sen- really belongs on another bill. lion line of credit in the event they ator from North Dakota. I encourage our colleague, Senator need it to seize an institution to pro- Mr. DORGAN. Mr. President, first, I CRAPO, to withdraw the amendment. I tect depositors. So this does two wish to say with respect to the Serve really would not like to reject the idea, things. America Act, let me compliment the but that is the Banking Committee’s To make this relevant to people who committee chair and the ranking mem- jurisdiction. As I understand it from will be voting on this amendment, ber. This is a good piece of legislation. the chairman and ranking member of

VerDate Mar 15 2010 12:05 Aug 01, 2011 Jkt 079102 PO 00000 Frm 00020 Fmt 0686 Sfmt 0634 E:\BR09\S25MR9.000 S25MR9 erowe on DSK5CLS3C1PROD with BOUND RECORD March 25, 2009 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 7 8523 the Banking Committee, this is a sub- Without objection, it is so ordered. current 75,000 participants to 200,000 stantive issue they intend to take up in The Senator from Arizona is recog- participants by 2014. their committee. nized. There is ample reason to conclude I say to my colleagues on both sides Mr. KYL. Mr. President, President that these programs are not worth an- of the aisle, if Senator CRAPO insists Obama has said he wants to encourage other $5.7 billion. I realize we have got- upon a vote, that we really not pass his ‘‘a renewed spirit of national service ten to the point where $1 billion does amendment. For all of those who think for this and future generations.’’ I sub- not mean what it once did. But S. 277 the policy has merit, I don’t dispute mit that we can all agree on the value would saddle taxpayers with another that. But that is for another forum. of promoting voluntarism. Volunteers multimillion dollar bill at a time when That is for a Banking Committee are essential to the survival of many we should be cutting back, not finding forum. That should be hashed out in charitable organizations in America. new ways to spend. the Banking Committee, and then rec- But I believe S. 277 diminishes the true The spirit of voluntarism is alive and ommendations would be brought to the spirit of volunteering, first, by pro- well in America. I see it in my own respective caucuses of both the Demo- viding taxpayer-funded benefits such as State of Arizona. Could we agree that crats and Republicans so that we can monthly stipends and housing to par- maybe there is one area of our society have a substantive discussion. ticipants—this financial support for in which we do not have to add more I must say that to increase the bor- volunteers will cost over $5 billion, Government? I think volunteering to rowing authority of the FDIC from $30 which is a lot of money for volun- help our neighbors might be a good billion to $100 billion should not be teering—and secondly, by redefining place to start. done on a shoot-from-the-lip. That is volunteering as a taxpayer-funded po- Mr. President, I suggest the absence what this amendment is, all due re- litical exercise in which Government of a quorum. spect to my colleague. Just kind of bureaucrats can steer funding to orga- The PRESIDING OFFICER. The dumping it on national service is a nizations they select. clerk will call the roll. shoot-from-the-lip amendment. I think In the past, service organizations The legislative clerk proceeded to it deserves more caution and consider- mandated by the Government have not call the roll. ation. We are talking about raising the been constrained from providing funds Mr. DODD. Mr. President, I ask unan- borrowing authority by $70 billion just to organizations with political agen- imous consent that the order for the when everybody is saying: Hey, Obama das, and this bill is no different. While quorum call be rescinded. is taking on too much. I think we are the Mikulski substitute amendment to The PRESIDING OFFICER. Without taking too much on in an amendment the bill adds a limited constraint, the objection, it is so ordered. with the national service bill. political direction of the bill is still ap- Mr. DODD. Mr. President, very brief- I say to my colleague, please with- parent. It attempts to direct resources ly, I gather Senator MIKULSKI has al- draw your amendment. If you insist to five newly created corps—three that ready addressed this point, but I see upon a vote, I am afraid I will have to aim to influence health care, energy my very good friend from Idaho, Mr. oppose you in a very vigorous way. and the environment, and education; CRAPO, here as well, the author of the Perhaps, if done appropriately through that is, groups that reflect the key as- amendment. I commend him for it. I the Banking Committee and it comes pects of President Obama’s domestic know this is going to sound awkward before the Senate in the regular order, agenda. For instance, the bill would al- because there is going to be a proce- I might be in the ‘‘aye’’ column. locate funds to a newly created Clean dural issue we are going to vote on So when we do vote on that, that is Energy Corps in which participants shortly. the category I will be in. As I under- would improve energy efficiency in My colleague should understand the stand it, we will be voting on that low-income households. All well and procedural differences should not re- amendment this afternoon. There is good, but the bill would also require flect substantive differences at this still time for the Senator to come over the Clean Energy Corps to consult with point. We agree with what he is trying and withdraw his amendment. I say energy and labor and the Environ- to achieve. There is an issue here in- this in the most respectful way because mental Protection Agency. Among the volving a budget point of order, as well I know how strongly he feels about it. activities of the new Clean Energy as a determination, I know, by the au- He has a lot of expertise on that, and I Corps would be reducing carbon emis- thors of this bill—Senator MIKULSKI, would like to see that expertise chan- sions. How reducing carbon emissions Senator KENNEDY, Senator HATCH, Sen- neled to the right place, at the right can be achieved by volunteers has not ator ENZI, the principal authors—to try time, with the right amendment, on been made clear. Is this, in fact, an at- to achieve a bill that can move quickly the right bill. tempt to create federally subsidized dealing with national service. Mr. President, I yield the floor and ‘‘green jobs’’ in areas already served by But the underlying amendment by suggest the absence of a quorum. other Government programs or tradi- Senator CRAPO is one that I think is The PRESIDING OFFICER. The tionally served by State, local, and pri- universally supported—there may be clerk will call the roll. vate community service organizations? some who disagree, but I do not—that The legislative clerk proceeded to Another problem with the bill is its this has a lot of merit and we need to call the roll. failure to eliminate programs that are deal with it in conjunction with other Ms. MIKULSKI. Mr. President, I ask not working. Current national service matters, with which my colleague from unanimous consent that the order for programs being funded, such as Learn Idaho is very familiar, dealing with the the quorum call be rescinded. and Serve and the AmeriCorps Na- FTC, some safe harbor provisions from The PRESIDING OFFICER. Without tional Civilian Community Corps, have Senator MARTINEZ dealing with the objection, it is so ordered. not been successful. On its Web site, foreclosure issue, and several other Ms. MIKULSKI. Mr. President, I ask expectmore.gov, which provides a data- points as well. We are trying to include unanimous consent that at 3 p.m., the base of Federal program performance these as an overall package which we Senate resume consideration of amend- results, the Office of Management and are working on and hopefully can com- ment No. 688; that if a budget point of Budget has categorized both of these plete maybe before the recess. I don’t order is raised against the amendment programs as not performing and inef- want to commit to that but certainly and a motion to waive the applicable fective. quickly because there is a sense of im- point of order is made, that imme- Finally, there are the costs associ- portance to these matters. diately thereafter the Senate proceed ated with the programs. The Congres- I want my colleagues to know, par- to vote on the motion to waive the sional Budget Office estimates that the ticularly my friend from Idaho, that point of order. costs this year will top $1 billion and supporting a motion dealing with a The PRESIDING OFFICER. Is there will cost another $5.7 billion from 2010 budget matter here is not a reflection objection? to 2014 to expand the program from the of the substance of his amendment.

VerDate Mar 15 2010 12:05 Aug 01, 2011 Jkt 079102 PO 00000 Frm 00021 Fmt 0686 Sfmt 0634 E:\BR09\S25MR9.000 S25MR9 erowe on DSK5CLS3C1PROD with BOUND RECORD 8524 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 7 March 25, 2009 We talked privately about this issue, his side trying to queue up those through the normal process, one way but I wanted to say so publicly as well, amendments. Perhaps during this vote or the other. and that as chairman of the committee he and I can talk. I think there was At this particular moment, given the of jurisdiction, we will move as quickly confusion about where there are some fact that we need to deal with this in a as we possibly can to deal with this and roadblocks. Let’s talk during the vote. more complete fashion, there is a budg- related matters. Mr. ENSIGN. I appreciate that. et point of order on this matter and, Again, I wish my colleagues to know The PRESIDING OFFICER. The Sen- clearly, the authors of this bill, the that as well, but that is the rationale ator from Tennessee. pending matter, would like to move behind this particular moment. Mr. CORKER. Mr. President, I won- this matter without having extraneous Again, I thank my colleague from der if I may have permission to ask the material added to it. So for all those Idaho for raising this important issue. Senator from Connecticut a question. reasons, I will be supporting the mo- He is a valued member of the com- Mr. President, I stepped in after the tion of the Senator from Maryland so mittee and made a very worthwhile dialogue was taking place on the floor. we can move along with the matter. suggestion, certainly one we will, in My understanding is that the Crapo But that is the answer to the question my judgment, incorporate as part of amendment that actually is part of the of my good friend from Tennessee. this larger package. original bill—that you are very much a Mr. CORKER. Mr. President, if I Mr. President, I yield the floor. part of and have allowed—is going to could have just 30 seconds, I certainly The PRESIDING OFFICER. The Sen- come up in an expeditious manner. I thank the Senator from Connecticut ator from Idaho. wonder if we have a commitment from and, again, will certainly work with Mr. CRAPO. Mr. President, I thank the chairman, whom I respect and cer- him. I might add that the strong feel- my committee chairman, Senator tainly enjoy working with very much, ings that are felt sort of go in this DODD, of the Banking Committee for that it come up unattached to a cram- manner: that there is unanimous or his comments. I appreciate our work- down so that we don’t have the extor- overwhelming support for this par- ing relationship and the commitment tion of that issue being attached to ticular provision, and this body is very he made on not only this issue but a this. divided on this other issue. So it does, number of issues of importance facing I didn’t hear that, so I wanted to in effect, keep us from having a very our financial institutions and the re- know if that was also part of the com- good policy that is very much sup- form we need to deal with in Congress. mitment. ported from becoming law. I look forward to working with him on Mr. DODD. Mr. President, I appre- It is broken down by the fact we have that matter. ciate my colleague from Tennessee tremendous dissension in this body—or I also thank Senator MIKULSKI for having very good ears in all of this. I let me say this: a difference of opinion her patience as we brought this issue can’t dictate what all is going to be in- in this body—over the cram-down up on her bill. I truly do appreciate her cluded in the amendment. My col- issue. But that is stating the obvious, patience and her understanding. I un- league, of course, is aware that there and I am sure the American public un- derstand what the procedure is going are a number of our colleagues who are derstands that. to be and what the votes are going to very interested in the cram-down—as I yield the floor. be in a few minutes. I recognize that. I you call it—provision dealing with the The PRESIDING OFFICER. The Sen- do realize we have a procedural issue bankruptcy law and primary resi- ator from Idaho. here, but we also have a very critical dences. So I cannot give the assertion Mr. CRAPO. Mr. President, I ask financial issue. that a final package will or will not in- unanimous consent that Senator CHAM- As Senator DODD has so well stated, clude that. That will largely depend on BLISS be added as a cosponsor of the this is an issue on which we have broad how these negotiations proceed. Crapo amendment. bipartisan agreement. I appreciate his That is the reason we are not pre- The PRESIDING OFFICER. Without commitment to work with us in an ex- pared today to go forward with this objection, it is so ordered. peditious manner so that we can get proposal, along with others as part of Under the previous order, the ques- this legislation put into law as soon as this package. And I know there are tion is on agreeing to amendment No. possible. There is an urgency. It is not strong feelings on both sides of that 688 offered by the Senator from Idaho, an emergency yet and we have a little question in this Chamber. So I know I Mr. CRAPO. bit of time to deal with it, but there is have been asked to give that assertion, Ms. MIKULSKI. Mr. President, I an urgency. I appreciate Senator which I cannot give, obviously, any make a point of order that the pending DODD’s recognition of that and his will- more than I could give an assertion amendment violates section 302(f) of ingness to work with us on this issue. that other pieces Members are inter- the Congressional Budget Act of 1974. Mr. President, I yield the floor. ested in would be excluded or included Mr. CRAPO. Mr. President, I move to The PRESIDING OFFICER. The Sen- at a moment like this. waive the applicable provisions under ator from Nevada. What I have said to my colleague— the Budget Act with respect to my Mr. ENSIGN. Mr. President, I wish to and I will repeat to my good friend amendment, and I ask for the yeas and ask the manager of the bill if I may from Tennessee, with whom I enjoy a nays. bring up a couple of my amendments. very good relationship—is that this is a The PRESIDING OFFICER. Is there a We gave the amendments to her staff very important matter my friend has sufficient second? about 4 hours ago. I was recently in- raised. I agree with him on the sub- There is a sufficient second. formed I was not going to be able to stance of it. It needs to be done expedi- The yeas and nays were ordered. get those amendments up and pending. tiously. It is a serious issue. There are Ms. MIKULSKI. Mr. President, what The majority leader of the Senate others, dealing with the Federal Trade is the order, a vote or a quorum? asked us to get amendments up. I Commission and others, which need to The PRESIDING OFFICER. A cleared my schedule to make sure I be a part of a package that our bank- quorum is in order if someone suggests could come over and get my amend- ers—particularly our community bank- the absence of a quorum. ments up. Now I am told by Senator ers—are very interested in. Mr. CRAPO. Mr. President, I suggest MIKULSKI’s staff that there would be I also know there are strong feelings the absence of a quorum. objection to getting any more amend- about the cram-down provisions. But The PRESIDING OFFICER. The ments pending. as I have said to my colleague from clerk will call the roll. Ms. MIKULSKI. Mr. President, I say Idaho and others, I cannot today stand The assistant legislative clerk pro- to my colleague from Nevada, there here and dictate the outcome of a mat- ceeded to call the roll. seems to be some confusion about this ter on which there are strong feelings Mr. REID. Mr. President, I ask unan- matter. We do want to address his and opinions in this Chamber. We will imous consent that the order for the amendments. We have been working on deal with that as we normally do, quorum call be rescinded.

VerDate Mar 15 2010 12:05 Aug 01, 2011 Jkt 079102 PO 00000 Frm 00022 Fmt 0686 Sfmt 0634 E:\BR09\S25MR9.000 S25MR9 erowe on DSK5CLS3C1PROD with BOUND RECORD March 25, 2009 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 7 8525 The PRESIDING OFFICER. Without Mr. ENSIGN. I ask unanimous con- tively, how to accurately file com- objection, it is so ordered. sent that reading of the amendment be plicated tax forms, adopt new com- The question is on agreeing to the dispensed with. puter technologies or even plan a long- motion to waive the Budget Act in re- The PRESIDING OFFICER. Without term budget. Capacity in rural commu- lation to the Crapo amendment, No. objection, it is so ordered. nities, such as I see in my own areas, 688. The yeas and nays have been or- The amendment is as follows: do need help. I think the Grassley-Bau- dered. (Purpose: To clarify that nonprofit organiza- cus amendment has merit. In the Bau- The clerk will call the roll. tions assisted under the Nonprofit Capac- cus-Grassley amendment, there is no The assistant legislative clerk called ity Building Program include certain crisis limitation on the types of charities the roll. pregnancy centers, and organizations that that can access these training pro- Mr. DURBIN. I announce that the serve battered women or victims of rape or grams. Therefore, the amendment of incest) Senator from Massachusetts (Mr. KEN- the Senator from Nevada is unneces- On page 2, line 20, insert before the pe- NEDY) is necessarily absent. sary. riod the following: ‘‘which shall include cri- Mr. KYL. The following Senator is Support for the Baucus-Grassley sis pregnancy centers, organizations that amendment is quite broad. The Na- necessarily absent: the Senator from serve battered women (including domestic Wyoming (Mr. ENZI). violence shelters), and organizations that tional Council of Nonprofits, the Inde- The PRESIDING OFFICER (Mr. serve victims of rape or incest’’. These orga- pendent Sector, and the Alliance for MERKLEY). Are there any other Sen- nizations must be charities within the mean- Children and Families have voiced ators in the Chamber desiring to vote? ing of the United States tax code. their strong support for this amend- The yeas and nays resulted—yeas 48, Mr. ENSIGN. Mr. President, this is a ment. I urge colleagues to oppose the nays 49, as follows: very simple amendment. The Baucus Ensign amendment. [Rollcall Vote No. 110 Leg.] amendment wants to pay legal fees for I wish to also comment on his desire to include crisis pregnancy centers. YEAS—48 some of these organizations that are volunteer organizations. Sometimes That is a broad definition. I am not Alexander DeMint McCain sure what he means by a crisis preg- Barrasso Dorgan McCaskill these organizations have significant Baucus Ensign McConnell legal fees. What my amendment says nancy center. There are those that are Bennett Feingold Murkowski is, even though the bill doesn’t specifi- ones with a particular philosophical Bond Graham Nelson (NE) viewpoint as compared to broad preg- Brownback Grassley Risch cally exclude any organizations, I wish Bunning Gregg Roberts to make sure that several of these or- nancy information. These centers are Burr Hatch Sessions ganizations or types of organizations already covered by language in the cur- Cantwell Hutchison Shelby are able to be included and eligible for rent bill. The amendment is not need- Chambliss Inhofe Snowe ed. There is a question about adding Coburn Isakson Specter some of those legal fees. In my amend- Cochran Johanns Tester ment, it points out things such as cri- that explicit language. I urge Members Collins Kyl Thune sis pregnancy centers, battered women not to adopt the Ensign second-degree Corker Lincoln Vitter amendment. It is unnecessary and Cornyn Lugar Voinovich shelters, rape crisis centers, various or- Crapo Martinez Wicker ganizations that are specifically geared unneeded and would cause quite an in- tense negotiation with the House when NAYS—49 toward helping women. I wished to make sure that somewhere down the we go to conference. The whole idea of Akaka Hagan Nelson (FL) the way we have been working so faith- Bayh Harkin Pryor line somebody at an administrative Begich Inouye Reed level doesn’t exclude somebody because fully on a bipartisan and even bi- Bennet Johnson Reid they have a different political philos- cameral basis is to not to have a long Bingaman Kaufman Rockefeller ophy. We want to make sure the people conference so we are able to move the Boxer Kerry Sanders Brown Klobuchar in these organizations are included. national service bill to signing by the Schumer President so it could be included in Burris Kohl Shaheen These are people, obviously, from both Byrd Landrieu Stabenow sides of the political aisle whom we this year’s appropriations. By adding Cardin Lautenberg Udall (CO) the Ensign second degree, this would Carper Leahy have included in our amendment. I Udall (NM) Casey Levin urge its adoption. result in jeopardizing the passage of Warner Conrad Lieberman The PRESIDING OFFICER. The Sen- the bill. Dodd Menendez Webb I urge defeat of the Ensign amend- Whitehouse ator from Maryland. Durbin Merkley ment and would so recommend to my Feinstein Mikulski Wyden Ms. MIKULSKI. Mr. President, we Gillibrand Murray can appreciate this amendment and the colleagues. thrust behind it. I suggest the absence of a quorum. NOT VOTING—2 The PRESIDING OFFICER. The I suggest the absence of a quorum. Enzi Kennedy The PRESIDING OFFICER. The clerk will call the roll. The assistant legislative clerk pro- The PRESIDING OFFICER. On this clerk will call the roll. ceeded to call the roll. vote, the yeas are 48, the nays are 49. The assistant legislative clerk pro- Three-fifths of the Senators duly cho- Mrs. SHAHEEN. I ask unanimous ceeded to call the roll. consent that the order for the quorum sen and sworn not having voted in the Ms. MIKULSKI. I ask unanimous affirmative, the motion is rejected, the call be rescinded. consent that the order for the quorum The PRESIDING OFFICER. Without point of order is sustained, and the call be rescinded. objection, it is so ordered. amendment falls. The PRESIDING OFFICER. Without Mrs. SHAHEEN. I ask unanimous AMENDMENT NO. 715 TO AMENDMENT NO. 692 objection, it is so ordered. consent to set aside the pending The PRESIDING OFFICER. The Sen- Ms. MIKULSKI. Mr. President, the amendment so my amendment No. 712 ator from Nevada. Ensign amendment would make an un- can be called up for consideration. Mr. ENSIGN. I ask for the regular necessary and divisive change to the The PRESIDING OFFICER. Is there order concerning the Baucus amend- bipartisan amendment offered by Sen- objection? ment and I send a second-degree ators BAUCUS and GRASSLEY. The Bau- Mr. THUNE. Reserving the right to amendment to the desk. cus-Grassley amendment would create object, I would also ask, as part of that The PRESIDING OFFICER. The a nonprofit capacity building program. agreement, that I have an amendment clerk will report. It would fund a grant program to pro- that also be made pending as part of The assistant legislative clerk read vide education opportunities to small the request of the Senator from New as follows: charities, primarily designed for those Hampshire. The Senator from Nevada [Mr. ENSIGN] in rural areas. The education opportu- Ms. MIKULSKI. I object. proposes an amendment numbered 715 to nities would teach charities how to The PRESIDING OFFICER. Objec- amendment No. 692. manage finances and fundraise effec- tion is heard.

VerDate Mar 15 2010 12:05 Aug 01, 2011 Jkt 079102 PO 00000 Frm 00023 Fmt 0686 Sfmt 0634 E:\BR09\S25MR9.000 S25MR9 erowe on DSK5CLS3C1PROD with BOUND RECORD 8526 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 7 March 25, 2009 The Senator from Maryland. The PRESIDING OFFICER. Without through the most difficult of times. Ms. MIKULSKI. Mr. President, we objection, it is so ordered. That spirit exists today in commu- didn’t know the Senator had an amend- The amendment is as follows: nities across America, and the Serve ment. We need to have a copy of the (Purpose: To provide that an Education America Act taps into the strong de- amendment. If we could have a copy, Corps may carry out activities that pro- sire of Americans to do their part to we would be willing to discuss it. vide music and arts education and engage- help our country recover and prosper. Mr. THUNE. I would be happy to ment) No deed is too small. While the aver- make it available to the distinguished In section 122 (a)(1)(B) of the National and age American may not be able to save manager of the bill. Community Service Act of 1990, as amended struggling banks from financial crisis, I suggest the absence of a quorum. by section 1302 of the bill, insert at the ap- they can help a family to weatherize The PRESIDING OFFICER. The propriate place the following: ‘‘(ll) providing skilled musicians and art- their home so they can save money on clerk will call the roll. their heating or cooling bills. They can The assistant legislative clerk pro- ists to promote greater community unity through the use of music and arts education mentor a child so that child can reach ceeded to call the roll. and engagement through work in low-income his or her greatest potential, so they Ms. MIKULSKI. I ask unanimous communities, and education, health care, can hopefully go to college and com- consent that the order for the quorum and therapeutic settings, and other work in pete in this global economy. call be rescinded. the public domain with citizens of all ages;’’. The Serve America Act will usher in The PRESIDING OFFICER. Without Mrs. SHAHEEN. Mr. President, I ap- a new era of service and civic engage- objection, it is so ordered. preciate your assistance in moving this ment in our country, where we can Ms. MIKULSKI. Mr. President, if I amendment forward and certainly ap- solve our most difficult social chal- may say to the Senator from South Da- preciate the Senator from South Da- lenges by using entrepreneurial spirit kota, we are looking at his amendment kota and, of course, the Senator from to bring about social change. It will to see if there is something we can ac- Maryland for helping me move forward build upon great success stories in vol- commodate. Would it be agreeable to with this amendment. untarism, such as AmeriCorps, by in- him if the Senator from New Hamp- I bring this amendment forward on creasing the numbers of volunteers in- shire offered a bipartisan amendment behalf of my colleague from New volved in volunteer programs nation- that she and the other Senator from Hampshire, Senator GREGG, and my- wide from 75,000 to 250,000. New Hampshire are offering? She will self. The Shaheen-Gregg amendment It also creates several new volunteer offer it and speak briefly, under- would simply add to the menu of ac- organizations with missions in specific standing that the Senator had sought tivities that can be included in the areas of national deed, including a recognition before she did. Education Corps. It would include mu- Clean Energy Corps. While Congress Mr. THUNE. Let me ask through the sicians and artists to promote arts in works to position America as a leader Chair, so the understanding would be education. That, very simply, is the in clean energy and energy efficiency, that the amendment of the Senator amendment. this group of volunteers will enhance from New Hampshire would become the I would also like to speak briefly to our efforts by encouraging efficiency pending amendment? the pending legislation, S. 277, the Ms. MIKULSKI. Yes. and conservation measures in commu- Mr. THUNE. Is there any under- Serve America Act. I want to begin by nities and neighborhoods. It is an idea standing beyond that about amend- commending my colleagues, Senator that makes so much sense. In New ments offered by Members on our side, KENNEDY and Senator HATCH, for their Hampshire, I know volunteers stand mine included? leadership in working on this legisla- ready, for example, to make homes Ms. MIKULSKI. It is a matter of ex- tion and bringing it forward and, of more energy efficient, or work to pre- pediting the time. We are reviewing course, Senator MIKULSKI and Senator serve our State’s many parks, trails, your amendment, which is a sense of ENZI for their work in making sure the and rivers for future generations to the Senate. We are viewing it from not discussion on this bill can go forward, enjoy. only a policy standpoint but with this so hopefully we can pass this legisla- As Governor of New Hampshire, I saw arrangement of discussing issues with tion this week. firsthand the difference that programs the House. It is more of a time manage- This Serve America Act clearly em- such as AmeriCorps and other volun- ment issue than a content issue. bodies the spirit of America—a spirit teer programs can make. Plus Time I ask unanimous consent that upon that calls on all of us to give back to New Hampshire is one of those pro- completion of the offering of the our country and to work together to grams. It provides afterschool help to amendment by the Senator from New build a nation that can continue to vulnerable students who would other- Hampshire, the Senator from South offer endless opportunity to genera- wise go home to empty houses. And Dakota’s amendment be pending. tions to come. New Hampshire’s City Year program Mr. THUNE. I thank the Senator This bill could not come at a more has been successful in decreasing the from Maryland. I withdraw my objec- critical time in our Nation’s history. high school dropout rate. tion. More and more people need help get- I just point out that City Year was The PRESIDING OFFICER. The Sen- ting by in this tough economic climate, started by a New Hampshire native, ator from New Hampshire. while more and more of even the most Alan Khazei, who, with some of his AMENDMENT NO. 712 TO AMENDMENT NO. 687 generous among us have less and less friends from Harvard, was able to start Mrs. SHAHEEN. I ask unanimous to contribute to charitable activities. a wonderful program that has now ex- consent to set aside the pending That is what makes this legislation so panded across the country. amendment so amendment No. 712 can special. It has nothing to do with sta- One young volunteer in New Hamp- be called up for consideration. tus, with background, with privilege or shire for City Year, Jennifer Foshey, The PRESIDING OFFICER. Without circumstance. Every American is equal volunteered at Hampton Academy objection, it is so ordered. in their ability to give of themselves through the City Year program. During The clerk will report. and their time. As Martin Luther King her year of service, she worked with The assistant legislative clerk read said so eloquently: Every American can sixth grade boys who were struggling as follows: be great because every American can academically and failing most of their The Senator from New Hampshire [Mrs. serve—to paraphrase what he said a lit- classes. Jennifer provided one-on-one SHAHEEN], for herself and Mr. GREGG, pro- tle bit. The Serve America Act encour- academic support, individual men- poses an amendment numbered 712 to amend- ages voluntarism at every stage of toring, and encouraged these students ment No. 687. life—from students, to full-time work- to get involved in extracurricular ac- Mrs. SHAHEEN. I ask unanimous ers, to senior citizens. tivities. consent that reading of the amendment Throughout American history, the Because of her hard work, the boys’ be dispensed with. compassion of our people has gotten us grades improved dramatically, and one

VerDate Mar 15 2010 12:05 Aug 01, 2011 Jkt 079102 PO 00000 Frm 00024 Fmt 0686 Sfmt 0634 E:\BR09\S25MR9.000 S25MR9 erowe on DSK5CLS3C1PROD with BOUND RECORD March 25, 2009 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 7 8527 of them joined the community service tivity and often by the enrollment in (2) Americans gave more than afterschool club Jennifer ran. He was those activities. $300,000,000,000 to charitable causes in 2007, later quoted in the school paper as say- What we see in our public schools is an amount equal to roughly 2 percent of the ing: that art and music programs have been gross domestic product. the first on the budget block when it (3) The vast majority of those donations, There are kids in our neighborhoods that roughly 75 percent or $229,000,000,000, came need help, and it’s our job to help them. comes to the reduction of funds. Hav- from individuals. There could not be a better testa- ing talented young people come in with (4) Studies have shown that Americans ment to the ripple effect programs such this kind of approach can really help give far more to charity than the people of as City Year that are supported in this school attendance, help with behavior any other industrialized nation—more than legislation have in our communities. problems in schools, and also unlock a twice as much, measured as a share of gross I have long been an advocate for na- talent in a child. domestic product, than the citizens of Great Britain, and 10 times more than the citizens tional service because I have seen the If a child grows up, as I see in Balti- more in that show called ‘‘The Wire’’— of France. power of these volunteers—power not (5) 7 out of 10 American households donate only to help those in need but to em- where neighborhoods that are so drug to charities to support a wide range of reli- power citizens and strengthen commu- saturated that there is constant police gious, educational, cultural, health care, and nities. There is no question that the activity, and the informants become environmental goals. Serve America Act expands opportuni- the wire—the children of those commu- (6) These charities provide innumerable ties for all Americans to become in- nities are so terribly disadvantaged. valuable public services to society’s most volved in service in a wide range of The teachers work under such Spartan vulnerable citizens during difficult economic times. areas of need. circumstances that AmeriCorps being able to come in could change lives— (7) Congress has provided incentives Today, this amendment I offer will through the Internal Revenue Code of 1986 to further extend the work of the service could actually change lives. encourage charitable giving by allowing in- corps by offering opportunities for The Shaheen-Gregg amendment is an dividuals to deduct income given to tax-ex- skilled musicians and artists to expand excellent concept to add to our Edu- empt charities. educational opportunity, promote cation Corps. We, under normal cir- (8) 41,000,000 American households, consti- greater community unity, and bridge cumstances, would accept it, but we tuting 86 percent of taxpayers who itemize cultural divides through the use of understand a vote will be required. But deductions, took advantage of this deduction music and arts engagement. when they call my name, I am going to to give to the charities of their choice. (b) SENSE OF THE SENATE.—It is the sense The Serve America Act is so impor- be in the ‘‘aye’’ column. Mr. President, I yield the floor. of the Senate that Congress should preserve tant to those in New Hampshire and the full income tax deduction for charitable across the country. I am very pleased I suggest the absence of a quorum. The PRESIDING OFFICER. The contributions through the Internal Revenue and honored to join with Senators KEN- Code of 1986 and look for additional ways to NEDY, and HATCH, and MIKULSKI, to co- clerk will call the roll. encourage charitable giving rather than to sponsor such an important piece of leg- The bill clerk proceeded to call the discourage it. roll. islation that invests in new, innovative Mr. THUNE. Mr. President, President Mr. THUNE. Mr. President, I ask solutions to our Nation’s most per- John F. Kennedy said: unanimous consent that the order for sistent social problems, and I urge my the quorum call be rescinded. The raising of extraordinarily large sums colleagues to join me in support of the The PRESIDING OFFICER. Without of money, given voluntarily and freely by millions of our fellow Americans, is a unique Serve America Act. I hope they will objection, it is so ordered. also support the amendment Senator American tradition. . . . Philanthropy, char- AMENDMENT NO. 716 TO AMENDMENT NO. 687 GREGG and I are offering. ity, giving voluntarily and freely . . . call it Mr. President, I yield the floor. Mr. THUNE. Mr. President, I ask what you like, but it is truly a jewel of an The PRESIDING OFFICER. The Sen- unanimous consent that the amend- American tradition. ator from Maryland. ment I have at the desk be called up In 2007, Americans gave more than Ms. MIKULSKI. Mr. President, I and made pending. $300 billion to charitable causes, an thank the Senator from New Hamp- The PRESIDING OFFICER. Is there amount equal to roughly 2 percent of shire, along with her colleague, the objection to setting aside the pending the gross domestic product. The vast amendment? senior Senator, Mr. GREGG, for offering majority of those donations, roughly 75 Without objection, it is so ordered. this amendment. It does make sure percent, or about $229 billion, came The clerk will report the amendment. from individuals who willingly gave that service programs in the Education The bill clerk read as follows: Corps are also allowed to incorporate their hard-earned dollars for causes The Senator from South Dakota [Mr. art and music. We in the committee on greater than their own. THUNE] proposes an amendment numbered both sides of the aisle support this. We 716 to amendment No. 687. Studies have shown that Americans give far more to charity than the peo- support it both for content reasons and Mr. THUNE. Mr. President, I ask ple of any other industrialized nation. process reasons. unanimous consent that reading of the In the area of process, what the Sha- In fact, relative to the size of our econ- amendment be dispensed with. omy, Americans gave more than twice heen-Gregg amendment does is actu- The PRESIDING OFFICER (Mr. ally incorporate art and music as eligi- as much as the citizens of Great Brit- UDALL of Colorado). Without objection, ain and 10 times more than the citizens ble for funding, as do our colleagues in it is so ordered. the House. So it puts it in symmetry The amendment is as follows: of France. We should be proud of this tradition. with the House. This is what we like. It (Purpose: To express the sense of the Senate is when we are out of symmetry with regarding the Federal income tax deduc- Congress should continue to support the House that we do not like it. This tion for charitable giving) the 70 percent of all American house- makes it a high note for art and music. At the appropriate place, insert the fol- holds that donate to charities to sup- Second, we know that for many of lowing: port a wide range of religious, edu- our boys and girls, the involvement in SEC. —. SENSE OF THE SENATE. cational, cultural, health care, and en- art and/or music can have a profound (a) FINDINGS.—The Senate finds the fol- vironmental goals. These charities pro- impact on, No. 1, school attendance— lowing: vide invaluable public service to soci- they really want to come to school to (1) President John F. Kennedy said, ‘‘The ety’s most vulnerable citizens during follow their passion; No. 2, it also raising of extraordinarily large sums of difficult economic times. In many seems to have a particularly positive money, given voluntarily and freely by mil- cases, these services go above and be- lions of our fellow Americans, is a unique effect in the area of behavior for spe- American tradition . . . Philanthropy, char- yond what any conceivable Govern- cial education children. Special edu- ity, giving voluntarily and freely . . . call it ment program could provide. cation children seem to have a real af- what you like, but it is truly a jewel of an For years, Congress has provided in- finity in engaging in music and art ac- American tradition’’. centives through the Internal Revenue

VerDate Mar 15 2010 12:05 Aug 01, 2011 Jkt 079102 PO 00000 Frm 00025 Fmt 0686 Sfmt 0634 E:\BR09\S25MR9.000 S25MR9 erowe on DSK5CLS3C1PROD with BOUND RECORD 8528 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 7 March 25, 2009 Code to encourage charitable giving by the amount of those gifts. So rather actually hope that the Senator from allowing individuals to deduct income than dialing back the tax treatment we South Dakota would consider with- given to tax-exempt charities. Over provide to those who make charitable drawing his amendment and dealing time, 41 million American households contributions, in my view, we ought to with it on the budget when the budget have taken advantage of this deduction be encouraging more of that. Certainly is before us next week. to give to the charities of their choice. the administration’s proposal, which We believe that the President’s pro- Unfortunately for these generous would take away the favorable tax posal would retain a generous benefit. families and individuals, President treatment for those above certain in- There still would be a tax deduction Obama and his administration have come categories, is going to cost those equal to 28 cents on the dollar for every proposed, as part of their budget out- organizations who rely heavily upon dollar contributed to charity. Less line, reducing the allowable deduction charitable giving an enormous amount than 10 percent of the taxpayers who for charitable giving. According to one of additional dollars they would re- do claim a charitable deduction are in study, President Obama’s proposal ceive. that 35-percent category the Senator would reduce charitable donations by I hope my colleagues would find their from South Dakota has outlined. We as much as $8 to $16 billion per year. way to support my amendment and ex- believe these taxpayers, fortunate Particularly in a time when many press the sense of the Senate that we enough to be doing well, and who also charities are already struggling on ac- ought not be going down that path, wish to do good, will continue to give, count of the economic downturn, these that we ought to retain the current tax even if it is at a 28-percent rate. entities do not need a change in the treatment that we have for charitable I could debate the substance, but I Tax Code that would further discour- giving, particularly in a time when the would prefer that the substantive de- age charitable giving. These organiza- economy is struggling and many peo- bate come from the Budget Committee tions that educate our children, care ple, many organizations that rely on members and the Finance Committee for the sick and the poor, and facilitate that type of giving, are struggling to members who have poored over this. No religious opportunities should not have make ends meet. one on either side of the aisle wants to to pay the price for additional spending I ask that my colleagues, as they limit charitable giving or penalize peo- on new Federal programs, as is pro- consider this particular issue, in light ple for giving. We understand that this posed in the administration’s budget. of the underlying bill that does make is exactly what we need during these Over the past several days, this pro- available new monies for government tough times. I believe this amendment posal has been criticized by Repub- programs, also give consideration to all should be debated and voted on in the licans and Democrats, large companies of those charitable organizations out budget bill, but if it is going to be here, and small companies, universities and there and all of those individuals again, I will have to oppose it, not nec- churches, constituents and charities of across this country who, out of the essarily on substantive grounds, all shapes and sizes. Therefore, I have goodness of their hearts, have contrib- though. I will support the President’s offered an amendment to H.R. 1388, the uted mightily to make the good causes budget. national service bill, which is before that are served by these charities move We are proud of the tradition we have the Senate right now, which would ex- forward. with giving. We should encourage peo- press the ‘‘sense of the Senate that Mr. President, I yield the floor. ple to keep on giving. One of the ways Congress should preserve the full in- The PRESIDING OFFICER. The Sen- we do that is through an itemized de- come tax deduction for charitable con- ator from Maryland. duction for charitable giving. I think tributions through the Internal Rev- Ms. MIKULSKI. Mr. President, if I both sides of the aisle agree on that. enue Code of 1986 and look for addi- could comment on the Thune amend- We very much support the idea of an tional ways to encourage charitable ment, it is a sense of the Senate that itemized deduction for charitable giv- giving rather than to discourage it.’’ Congress and Federal law should con- ing. Both sides of the aisle agree on Americans have a proud tradition of tinue the current tax deduction rate of that. Certainly I do. But what the Sen- voluntarily giving to those who are in 35 percent, and we understand the ator’s amendment misses is that all need. Even in these tough economic thrust of the argument behind the Sen- Americans give, all Americans who times, when there is great temptation ator’s sense of the Senate. I wish to itemize deductions as well as Ameri- to save any earned income for better comment both on process and on con- cans who don’t. In fact, CRS says that days, families and individuals continue tent. This is a Finance Committee and only 30 percent of taxpayers claim a de- to support our charities. I believe Con- a Budget Committee matter; this is not duction for charitable giving. Yet we gress should continue to support those a national service matter, though I can know that many more than 30 percent who voluntarily make that sacrifice, see why the Senator would say that, of taxpayers give to charity. In fact, and I hope my colleagues will, when because the uniqueness of America is the independent sector the Senator has this amendment comes up for a vote, that we have always had these great quoted has a study that indicates 89 support it. public-private partnerships. In fact, so percent of households in America give I also point out that a Washington- many of the AmeriCorps volunteers in some charitable way. Isn’t that won- based coalition of 600 different non- will work exactly in the nonprofits derful. I mean isn’t that fantastic. So profit groups opposes this measure and that benefit from the charitable giving. many taxpayers make charitable con- has characterized it as a further dis- Boys and Girls Clubs would be an ex- tributions, even though they are not incentive to giving in challenging eco- ample of that type of work. getting a tax benefit at all. nomic times. It is hard enough, with Now, the budget will be on the floor So to place the national service bill the economy being in the condition it of the Senate next week. Why is that in one more quagmires with the is these days, people and charitable or- not the right place for the Senator to House—because when we send this ganizations trying to rely heavily on offer his amendment, not only as to the over, it means that national service volunteers and voluntary giving to sense of the Senate, but to actually will not only be conferenced by our make ends meet, but it makes it even make a change? The President has re- counterpart in the Education and more complicated when we put policies cently proposed to limit the tax bene- Labor Committee, but it is going to in place that discourage that. fits of itemized deductions for those in have to go to the Finance Committee— I wouldn’t suggest for a minute that the top two income brackets—to limit excuse me, their Ways and Means Com- anybody who makes a contribution to it to 28 percent. So in the President’s mittee. Once again, because of a sense a charitable organization does that be- budget we will be considering, there is of the Senate, we are going to be put in cause of the tax treatment only, but I the change in tax deduction rates from a quagmire, when the Senator wants to do believe there is an interaction be- 35 percent to 28 percent. Next week is deal with the policy of 35 percent tween our tax policy and charitable the right time for not only a sense of versus 28 percent, and he would have giving, and that it definitely affects the Senate but actually direct action. I that opportunity on the budget debate.

VerDate Mar 15 2010 12:05 Aug 01, 2011 Jkt 079102 PO 00000 Frm 00026 Fmt 0686 Sfmt 0634 E:\BR09\S25MR9.000 S25MR9 erowe on DSK5CLS3C1PROD with BOUND RECORD March 25, 2009 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 7 8529 I disagree with this amendment not I think this bill has such significance take a minute more—there is a special only because it is bad policy, but it is for us as a Nation now as we think group of children who are actually our absolutely the wrong place to bring about how to revitalize our service pro- children. All of these 100 million are this up. I am going to oppose this sense grams, update them, modernize them, ours theoretically. But definitely—and of the Senate and I encourage the Sen- particularly in light of the fact that we not in theory, but in actuality there ator from South Dakota, who has many have so many healthy seniors, men and are 500,000 children—as the Senator excellent points to be made, that he women who have achieved unimagi- from Maryland knows very well be- bring it up on the budget bill. nable success, different than many gen- cause her career started as the only so- So I oppose the amendment based on erations in the past. They find them- cial worker, I think, in this body— process as well as on substantive selves at a great point in their life, in 500,000 children who are in foster care grounds. their late sixties or early seventies, actually are children of the govern- Mr. President, before I yield the very healthy, or even mid fifties. They ment, of the State, of our national and floor, I note that the Senator from Or- are retiring and want to serve. So I State governments. We are primarily egon is standing. May I inquire what think this is an excellent bill. responsible as a government for their the purpose of his statement will be— Mr. President, I come to the floor care, their welfare, and their edu- because the Senator from Louisiana only to again congratulate the leaders cation. has been waiting to offer an amend- and offer an amendment that gives a So my amendment is quite simple. It ment. Did the Senator wish to speak on slight twist to a piece of this that I adds a provision for a mentoring pro- the Thune amendment? think is very important. I know a lot gram for this special group of children, Mr. MERKLEY. No. I am going to re- of great work has gone on. The amend- foster children who sometimes spend a turn to morning business, so I will ment I wish to call up is amendment few years there—sometimes a long defer. The PRESIDING OFFICER. The Sen- No. 717. time, unfortunately. Despite our great ator from Louisiana. The PRESIDING OFFICER. Is there efforts to make foster care temporary, objection to setting aside the pending we know there are barriers for reunifi- AMENDMENT NO. 717 TO AMENDMENT NO. 687 amendment? Ms. LANDRIEU. Mr. President, I so cation or adoption. We are trying to Without objection, it is so ordered. appreciate the Senator from Maryland work through those barriers. But we The clerk will report the amendment. have some extraordinary, I say to my for managing this important bill and The bill clerk read as follows: the Senator from Utah, both of whom colleagues Senator HATCH and Senator The Senator from Louisiana [Ms. LAN- have done an excellent job, along with MIKULSKI, some extraordinary pilots DRIEU] proposes an amendment No. 717 to underway in this country. Senator KENNEDY’s guidance and sup- amendment No. 687. port during the times he could be with In States such as California, where Ms. LANDRIEU. Mr. President, I ask Governors Gray Davis and Arnold us to move this bill, because it has unanimous consent that the reading of been a great work of many Members of Schwarzenegger joined to support this the amendment be dispensed with. program, there are promising results this body, both Democrats and Repub- The PRESIDING OFFICER. Without licans. Of course, Senator ENZI has also coming back about foster children in objection, it is so ordered. elementary and high schools who have been a great leader in this effort. It is The amendment is as follows: such a timely and important subject as mentors of their same age. We have al- (Purpose: To add a foster care program to ways had grandparent mentoring, and Americans are searching amidst all of the national service corps programs) the difficulties faced in the economic that is very effective, where seniors are On page 92, strike line 1 and insert the fol- climate and uncertainty on the inter- mentoring children. But, as you know, lowing: if you have teenagers, as I do, some- national front. ‘‘(H) A program that seeks to expand the Americans are realizing the impor- number of mentors for youth in foster care times teenagers don’t like to listen to tance of loved ones and family. They through— adults. But teenagers will listen to are realizing the importance of the ‘‘(i) the provision of direct academic men- their peers. community that is around them. For toring services for youth in foster care; This is a great opportunity to have better or worse, even though we are a ‘‘(ii) the provision of supportive services to mentors from colleges and high schools great travel destination—and I do want mentoring service organizations that di- coming to mentor our children who are to encourage people to continue trav- rectly provide mentoring to youth in foster in foster care. I will submit for the care, including providing training of mentors RECORD—because my colleague is going eling as they can, particularly to in child development, domestic violence, fos- places such as New Orleans and Lou- ter care, confidentiality requirements, and to speak—some exciting results. isiana that see a number of visitors—I other matters related to working with youth I ask unanimous consent that a list think Americans are turning a little in foster care; or of these results be printed in the bit more inward and want to spend ‘‘(iii) supporting foster care mentoring RECORD. more time with their families and right partnerships, including statewide and local There being no objection, the mate- at home in their communities. mentoring partnerships that strengthen di- rial was ordered to be printed in the So this bill is timely because it basi- rect service mentoring programs. RECORD, as follows: ‘‘(I) Such other national service programs cally calls America to come together, 98 percent of the foster children in this and it recognizes that some of our Ms. LANDRIEU. Mr. President, I program have stayed in school. greatest assets are not just our wish to take a minute to explain the There has been a 50 percent drop in teen money—which is fleeting, as we can amendment. I understand both Sen- pregnancy among the foster youth. tell these days. I remember my father ators managing have looked at this and There has been a 1.7 year increase in aca- used to tell me when I was growing up, both their staffs have looked at it as demic progress per year. he said: The easiest thing for me to well. It is a slight change to the men- 50 percent increase in turning in assign- ments and homework. give you, sweetheart, is a $20 bill, even toring portion of this bill dealing with 100 percent in taking state standardized though we didn’t have a lot of them children at risk. tests. floating around the house, but the If you think of America having 300 The program is now testing the students hardest thing for me to give you is my million people, about a third of those every 8 weeks to measure achievement. time. That is what this bill calls for. would be children. So we have about In about 80 percent of the cases, there has This bill calls for us to give our time 100 million children in America, I guess been evidence of increase in grades within and our talents. God has given us all an between the ages of zero and 18 or 21. the first 8 months. equal amount; we all get 24 hours in a That is a lot of kids to care for. We as Ms. LANDRIEU. Mr. President, that day. A life is made by how people spend a nation are trying to do our best as in- is basically the substance of my that time, either serving themselves, dividual parents and families and com- amendment. It doesn’t add a special worshiping idol gods, or spending their munities. However, there is a special corps, but it is an amendment that time on the things that matter. group of children—and I am going to says when we care for children in need,

VerDate Mar 15 2010 12:05 Aug 01, 2011 Jkt 079102 PO 00000 Frm 00027 Fmt 0686 Sfmt 0634 E:\BR09\S25MR9.000 S25MR9 erowe on DSK5CLS3C1PROD with BOUND RECORD 8530 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 7 March 25, 2009 let’s look especially at foster care chil- speech, which I eagerly await to hear. Unfortunately, however, I am here dren and promote those kinds of I yield the floor. today to say that we really haven’t mentorship programs that we know The PRESIDING OFFICER. The Sen- done such a good job. In fact, all too work and that can make a difference. ator from Oregon is recognized. often this past decade, we have allowed Of all the children in America, I say Mr. MERKLEY. Mr. President, I ask the great American dream of homeown- to the Senator from Maryland, these unanimous consent to speak as in ership, to turn into the great American children really need our focus, our at- morning business. nightmare. We can and must do better. tention, our love and our support. I un- The PRESIDING OFFICER. Without What has gone wrong? In short, al- derstand this amendment can be taken objection, it is so ordered. most everything. up at any time that is appropriate for DEFENSE OF THE AMERICAN HOME Most fundamentally, we have abused the managers. Mr. MERKLEY. Mr. President, I rise one of the most amazing inventions, The PRESIDING OFFICER. The Sen- today to call on my colleagues, and in- one of the most powerful wealth build- ator from Maryland is recognized. deed upon all Americans, to rally to ing tools, we have ever seen: The fully Ms. MIKULSKI. Mr. President, this is the defense of the American home. amortizing mortgage. not only a good amendment, it is a fan- Sometime soon, within the next few Let’s turn the clock back 77 years to tastic amendment. I really compliment weeks, this esteemed Chamber will be the Great Depression. Before 1932, the Senator from Louisiana not only taking up this issue. So this seems to house loans were normally 50 percent for the amendment but for her stead- be an appropriate time to reflect on loan to value with 3- to 5-year balloon fast commitment to children in foster how to improve our policies for pro- payments. This worked fine as long as care, and also children in need of adop- moting homeownership. a family could get a new loan at the tion—not only the cute, cuddly infants There is nothing that characterizes end of 3 to 5 years to replace the old but the older children and the children the American dream better than own- loan. With the crash of our banking who are handicapped. The Senator has ing your own home. The homeowner is system in 1929, however, replacement also been a leader in the international the king—or queen—of his or her cas- loans were no longer available. Thus, field, working on a bipartisan basis. tle. You decorate and remodel it to suit as balloon payments came due, mil- This amendment is fantastic because your own taste and style. You are your lions of families lost their homes. The solution was the fully amortized it will help more foster children get the own landlord; no one can tell you what mortgage, which eliminated the chal- social and academic mentoring they you can or can’t do. You fence the yard lenge of replacing one’s mortgage need. It doesn’t create a new corps. We so you can finally have a dog. You put every 3 to 5 years, thereby insulating are going to put it under AmeriCorps in a skylight because you want more families from frozen lending markets. and leave it to the flexibility of gov- light. You plant tiger lilies and hya- Indeed, the Roosevelt administration’s ernment at the local level to do this in cinth in the yard because they are the decision to help millions of families re- a way that coordinates with their de- most beautiful flowers in the world. place their balloon loans with fully am- partments of human services. You create a stable and nurturing envi- ortized loans was a major factor in end- It is true there are 500,000 children in ronment for raising your children. ing the Great Depression and putting foster care in this country. When I In your own home you control your our national economy back on track. started out my career as a social work- own destiny. This system of amortized mortgages er, after I graduated from college, I Moreover, it is through home owner- worked very well for over half a cen- worked for Associated Catholic Char- ship that you secure your financial des- tury. But in recent years, we have al- ities. I was a foster care worker, so I tiny. By and large, everything you buy lowed two developments that have know this up close and personal. I was in life loses value quickly—your car, deeply damaged the stabilizing power also a home worker, so I know it per- your furniture, your clothing. But not of the amortizing mortgage and helped sonally. so with your home. The family home produce our current economic crisis. When I was in my twenties, I often is, for most families, the biggest nest Those two factors are tricky mortgages worked with children being cared for egg they will build in their lifetime. and steering payments. by nuns in group homes. The nuns At a minimum, owning a home—with One tricky mortgage, for example, themselves were in their forties, fifties, a fair mortgage—locks in and caps was the teaser loan—sometimes called or older. They were sweet, caring, and your monthly housing expenses. That the ‘‘2–28’’ loan. In this loan, a low in- compassionate. We could not do it is a great deal compared to renting, troductory rate exploded to a much without them. But those young where rents go up and up over the higher rate after 2 years. In many preteens and adolescents needed dif- years. cases, the broker knew that the family ferent kinds of help. In addition, your monthly payments could never afford the higher rate, but I organized women I graduated with steadily pay off your mortgage, you the broker would persuade the family at my Catholic college, and we did own an increasing share of your home, that the mortgage presented little risk hair-dos and curlers and lipstick with and the bank owns less. since the family could easily refinance them and the kinds of things young You can look down the road and see out of the loan at a later date. This ar- girls needed to do. I was once in that the possibility of owning your home gument was misleading, of course, age group myself. But those preteen free and clear before you retire, mak- since the family was locked into the girls were transitioning to womanhood. ing it possible to get by decently in loan by a sizable prepayment penalty. My classmates and I helped them, and your golden years. To make the deal Another tricky mortgage was the tri- it increased their interest in school, even better, your home appreciates in ple-option loan, in which a family their interest in working with the sis- value. The home you bought for $80,000 could make a month-to-month choice ters. When those girls were ready to in 1980 might be worth $250,000 in 2010. between a low payment, a medium pay- leave the group home, either to go out In many cases, it might be that appre- ment, or a high payment. What many into the world or to return to their par- ciation, that growing home equity, families didn’t understand, however, ents, they were in a better place be- that enables you to travel a bit during was that the low payment could only cause of the nuns and their loving care retirement, or that enables your son or be used for a limited period before the and the work of Catholic Charities, and daughter to afford to go to college. family was required to make the high because of what the volunteers did. So homeownership really is a mag- payment, which the family couldn’t af- I think what the Senator is offering ical part of the American dream—open- ford. is going to make a difference. I look ing the door to our aspirations and These tricky loans, however, would forward, when we have the vote, to sup- building our financial fortunes. Thus, probably not have done much damage, porting it. you would expect that our leaders because their use would have been Our colleague from Oregon has been would do all they could to protect and rare—except for a second major mis- waiting to offer a very compelling advance homeownership. take; namely, we allowed brokers to

VerDate Mar 15 2010 12:05 Aug 01, 2011 Jkt 079102 PO 00000 Frm 00028 Fmt 0686 Sfmt 0634 E:\BR09\S25MR9.000 S25MR9 erowe on DSK5CLS3C1PROD with BOUND RECORD March 25, 2009 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 7 8531 earn huge bonus payments—unbe- ilies. Oregon’s unemployment rate has The fifth failure. While Fannie Mae knownst to the homeowner—to steer gone from 6 percent to 11 percent in and Freddie Mac set standards limiting unsuspecting homeowners into these just 5 months, nearly doubling the their purchase of subprime mortgages, tricky and expensive mortgages. number of Oregon families out of work, they nevertheless poured fuel on the These secret steering payments and unemployment, in turn, drives ad- subprime fire by investing in subprime turned home mortgages into a scam. A ditional foreclosures. securities, thereby driving the financ- family would go to a mortgage broker How did we let this happen? This fi- ing of the subprime market. for advice in getting the best loan. The asco is, first and foremost, the con- Taken together, these five cir- family would trust the broker to give sequence of colossal regulatory failure. cumstances composed a colossal failure good advice because, quite frankly, Let me count the ways. of regulation. Even Alan Greenspan, they were paying the broker for that First, in 1994, Congress required the former Chair of the Fed who promi- advice. The payment to the broker was Federal Reserve Board to prohibit nently advocated that banking prac- right there, fully listed and disclosed mortgage lending practices that are tices should not be regulated because by law, on the estimated settlement abusive, unfair or deceptive. That was Wall Street, in its own long-term inter- sheet. a very good law. But for 14 years, the est, would regulate itself, now re- But what the borrower didn’t realize Fed sat on its hands, failing to regulate nounces that philosophy. was that the broker would earn thou- abusive and deceptive practices such as I say to my friends and colleagues, sands of bonus dollars from the lend- teaser loans, prepayment penalties, what a mess. Congress got it right in er—so called ‘‘yield-spread pre- and steering payments. 1994, when it asked the Fed to prohibit miums’’—if the broker could convince Second, in 2002, after the State of mortgage lending practices that were the homeowner to take out a tricky ex- Georgia adopted comprehensive mort- abusive, unfair, and deceptive. But pensive mortgage rather than a plain gage reform legislation, the Comp- Congress shares the responsibility for vanilla 30-year mortgage. troller of the Currency, John Hawke, not following up aggressively when the This scam has had a tremendous im- overturned the Georgia reforms and Fed failed to act on this requirement. pact. A study for the Wall Street Jour- banned all States from making such re- The result is that home ownership nal found that 61 percent of the forms affecting federally chartered in- has suffered and our national economy subprime loans originated in 2006 went stitutions. This action made it difficult is in deep trouble. So now is the time to families who qualified for prime for States to pass reforms covering for us to honestly assess the damage loans. This is simply wrong—a publicly State-chartered lenders as well, since and to repair the damage as best we regulated process designed to create a such action generated the powerful ar- can. It is time to end the deception and relationship of trust between families gument that it would create an unfair abuse in Main Street mortgages and in and brokers, but that allows payments disadvantage for State-chartered Wall Street mortgage securitization. borrowers are not aware of that stick banks. I can testify to this firsthand The American dream of home owner- families with expensive and destructive because that is exactly what happened ship, with all that it means for the mortgages. when last year, as Speaker of the Or- quality of life of our families, depends It is difficult to overstate the damage egon House, I worked to pass such on our effective action. that has been done by these tricky mortgage reforms in Oregon. As a To repair the damage, we need to loans and secret steering payments. An estimated 20,000 Oregon families former attorney of North Carolina support aggressive efforts to enable will lose their homes to foreclosure summarized it, the Office of the Comp- families trapped in subprime mort- this year. troller of the Currency ‘‘took 50 sher- gages to negotiate modifications to Nationwide, an estimated 2 million iffs off the job during the time the those mortgages. President Obama and families will lose their homes this year mortgage lending industry was becom- his team have taken many steps in the and up to 10 million over the next 4 ing the Wild West.’’ right direction on this issue, but we years. The third failure was in 2004. The Se- need to monitor the progress and help In every single case, the foreclosure curities and Exchange Commission ex- pave the way for success. is a catastrophe for the family. Each empted the five largest investment If mortgage modifications fail due to foreclosure is a shattered dream. The banks from its leverage requirements. the extraordinary difficulty of con- family has lost its financial nest egg. It This dramatically amplified the funds necting borrowers to lenders in a mar- has lost the nurturing environment the available to the banks to purchase ket where the loan has been sliced and parents created for the children. The mortgage-backed securities, funding a diced into 100 pieces, we need to sup- family has lost its dream of building a tsunami of subprime loans. Let’s take port the ability of bankruptcy judges foundation for retirement. And don’t a look at a chart. to operate as an arbitrator to adjust doubt for a second the stress that this We see that impact in 2004, when the terms of the loan. We grant this catastrophe places on the parents’ mar- subprime loans, which had been at a power to judges for loans for yachts, riage, or on the children, multiplying relatively stable level, grew dramati- loans for vacation homes for our more the damage. cally and suddenly. To make it worse, privileged citizens. Certainly, ordinary The foreclosure is also a catastrophe the Securities and Exchange Commis- citizens should have the same recourse for the neighborhood, because an sion failed to regulate credit default for a far more important possession— empty foreclosed home can lower the swaps, which became a $50 trillion in- the family home. value of other homes on the street by dustry, that contributed to the appeal Consider the experience of Lisa Wil- $5,000 to $10,000. of mortgage-backed securities by in- liams, who spoke at a mortgage fore- The foreclosure is, in addition, a ca- suring those securities against failure. closure summit I hosted in Oregon last tastrophe for our financial system. A The fourth failure was in the Office month. Lisa spoke about the lengths to lender often loses half the value of the of Thrift Supervision. That office was which she went to get in touch with property by the time it has been pub- asleep at the switch. The office failed someone to help her renegotiate her licly auctioned. And as we now know to halt risky lending practices that loan. She would call and call her bank all too well, foreclosures undermine doomed numerous thrifts. An inspector and never get through or she would be the value of mortgage securities and general’s report after the failure of put on hold for more than an hour at a mortgage derivatives, damaging the NetBank in September of 2007 con- time or, on the rare occasion that she balance sheets of financial institutions cluded that the Office of Thrift Super- did get through, she could not reach in America and throughout the world vision ignored warning signs about the anyone in a position of authority to and throwing our banking system and bank’s risky lending. OTS continued to talk with her. Five months ago, despite global economy into chaos. snooze, however, while numerous her innumerable and consistent efforts, That frozen lending and economic thrifts failed, including IndyMac, she lost her home. An aggressive loan chaos, of course, further hurts our fam- Washington Mutual, and Countrywide. modification program or a last resort—

VerDate Mar 15 2010 12:05 Aug 01, 2011 Jkt 079102 PO 00000 Frm 00029 Fmt 0686 Sfmt 0634 E:\BR09\S25MR9.001 S25MR9 erowe on DSK5CLS3C1PROD with BOUND RECORD 8532 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 7 March 25, 2009 and I stress ‘‘last resort’’—bankruptcy pursue a higher education, and to ei- gional actors. And in this respect, Mr. arbitration would have saved Lisa’s ther own a business or have a job that President, I regretfully say that I do home and, looking forward, would save pays a living wage. Senator MERKLEY is not believe Ambassadors Hill’s career the homes of millions of other Amer- a welcome addition to the Senate. in the Foreign Service reflects the ican families. Speaking, I know, on behalf of those needs we have for this position in Iraq We also need to restore the same who have been here a while, that was a or this country. I think his record and guidelines to Wall Street—cap exces- great speech, and we look forward to his actions fall short of the qualifica- sive leverage, regulate credit default many more. tions we need. I want to articulate why swaps, prevent the creation of firms The PRESIDING OFFICER. The Sen- I believe that, and therefore I will be too big to fail, end regulator shopping, ator from Oregon. objecting to his nomination as we and evaluate and control systemic Mr. MERKLEY. Mr. President, I sim- move forward. risks. ply thank the Senator from Maryland Let me begin by saying that I do not Finally, we need to end deceptive and and look forward to working with her. deny that Chris Hill is an experienced abusive mortgage practices. The regu- I suggest the absence of a quorum. negotiator. He negotiated Bosnia in the lations adopted by the Federal Reserve The PRESIDING OFFICER. The 1990s and then negotiated North Korea last year are a decent start. It is time clerk will call the roll. for some period of time. But negotia- for us to make sure teaser loans, triple The legislative clerk proceeded to tion is only one component of diplo- option loans, and secret steering pay- call the roll. macy. In addition to being able to con- ments never again haunt American Mr. BROWNBACK. Mr. President, I verse with foreign actors, we also ex- families. ask unanimous consent that the order pect our diplomats to respect the chain I say to my friends and colleagues, I for the quorum call be rescinded. of command, to work closely with col- end this appeal as I started it. Let us The PRESIDING OFFICER. Without leagues in the State Department, the Department of Defense, and all other rally to the defense of the American objection, it is so ordered. relevant agencies, and we expect our home. We will have that chance when Mr. BROWNBACK. Mr. President, I Ambassadors to respect the laws of the we consider legislation in the near fu- ask unanimous consent to speak as in United States expressed by statute and ture addressing mortgage practices. As morning business for up to 15 minutes. through proper oversight. But in his we prepare to do our thoughtful best to The PRESIDING OFFICER. Without role as Assistant Secretary of East craft mortgage and housing policy that objection, it is so ordered. The Senator from Kansas. Asia and Pacific Affairs, as well as will strengthen our American families, head of the U.S. delegation to the six- NOMINATION OF CHRISTOPHER HILL we might do well to consider the advice party talks, too often Ambassador Hill Mr. BROWNBACK. Mr. President, I of President Franklin Roosevelt, since found that key officials and the law got thank my colleagues for the oppor- it was, indeed, Roosevelt who steered in the way of his agenda. He found that tunity to speak now on a critical issue us out of the Nation’s last enormous sidelining those officials and ignoring that is facing us. There are a number of housing crisis. congressional will was expedient, if not Roosevelt, speaking in his April 2, nominations coming before this body. acceptable. I regret to have to say 1932, radio address entitled ‘‘The For- We need to move forward on a lot of that. Such behavior establishes a gotten Man,’’ declared: these nominations and move forward precedent that can only hamper his ef- Here should be the objective of Govern- aggressively. There is one I wish to forts to coordinate the immensely ment itself, to provide at least as much as- talk about with my colleagues, one complicated U.S. Government effort in sistance to the little fellow as it is now giv- about which I am deeply concerned. We Iraq, and that brings me to the focus of ing to large banks and corporations. held a hearing today on the nominee my concerns and the specific dealings I Mr. President, I suggest the absence for the ambassadorship to Iraq. had—and extensive they were—on of a quorum. Christopher Hill has been nominated human rights in North Korea, where The PRESIDING OFFICER. The to serve as Ambassador to Iraq. This is these troubling aspects of Chris Hill’s clerk will call the roll. our most important diplomatic post in diplomatic conduct all come together. The legislative clerk proceeded to that region, arguably the most impor- I have a picture next to me here that call the roll. tant diplomatic post to the United is a very lamentable one from North Ms. MIKULSKI. Mr. President, I ask States in the world today. While it is Korea. It is a kindergarten in North unanimous consent that the order for important we have an Ambassador in Korea, and you can see the starving the quorum call be rescinded. place as soon as possible, what is most children who are there. This was dur- The PRESIDING OFFICER. Without important is that we get the right per- ing the late 1990s when there was star- objection, it is so ordered. son in place. vation taking place in North Korea, Ms. MIKULSKI. Mr. President, I The next Ambassador to Iraq faces a and the North Korean Government was compliment the Senator from Oregon. I daunting array of issues, such as pre- not asking for assistance or support understand it is his very first speech he serving Iraq’s fragile security, the and the people were dying of starva- has given on the Senate floor; is that drawdown of our troops, Arab-Kurdish tion. The human rights situation is de- correct? tensions, oil distribution, and Iranian plorable in North Korea. I believe it is Mr. MERKLEY. That is correct. aggression, to mention a few. the worst in the world, and that is say- Ms. MIKULSKI. Well, how wonderful, Quite simply, the stakes could not be ing something given some of the other I say to the Senator from Oregon, his higher for the administration to find actors that exist. very first speech was important be- the right person to conduct our diplo- Let me start by reminding my col- cause it was about home ownership and macy in Baghdad and that region. leagues of all of this—the situation in how we have to make sure the Amer- In providing our advice and consent North Korea. North Korea is ruled by a ican dream continues to be within to the President, our duty is to ensure totalitarian regime rigidly controlled reach for most Americans, that they that his nominee for this most sen- by a single dictator, Kim Jong Il. are able to afford a home and have the sitive and complicated post will not Human rights in North Korea do not jobs that pay those wages, and that only carry out faithfully the policies of exist. The state regulates all aspects of when they go to buy a home, the rates the administration but also will imple- individual life, from food ration, to are reasonable, that they are not a vic- ment the laws of this country. speech, to employment, to travel, and tim of a scam or scum. Moreover, the nominee should have a even to thought. Under Kim Jong Il’s I would like to say, if that is his first strong track record of diplomacy, watch, millions of North Korean citi- speech, I am looking forward to hear- forthrightness, professionalism, and zens have perished from starvation, ing many more and working with him achievement to bolster his or her credi- while thousands of others have died on access to the American dream— bility with the American people, with during imprisonment in the regime’s home ownership, the opportunity to the Iraqi people, and the numerous re- extensive political system and gulags.

VerDate Mar 15 2010 12:05 Aug 01, 2011 Jkt 079102 PO 00000 Frm 00030 Fmt 0686 Sfmt 0634 E:\BR09\S25MR9.001 S25MR9 erowe on DSK5CLS3C1PROD with BOUND RECORD March 25, 2009 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 7 8533 I will show a picture here of the loca- ducted forcibly to North Korea. China rean regime ‘‘. . . is responsible for one tion of one of the prison camps—or a doesn’t want instability across its border. of the most egregious human rights number of prison camps in Russia. I Mr. Hill’s larger point is that the United and humanitarian disasters in the States should be practical in relations with have given a speech, and I have pointed the north and not simply denounce abuses so world today.’’ this out. Google Earth has made wit- that America can feel good about itself. We I want to quickly show two satellite nesses of us all. Now you can see these support his efforts to negotiate with the re- photos showing the prison barracks of on Google Earth. gime. It’s worth noting, though, that last two camps, one in North Korea and the North Korean defectors have testified week the north yet again backtracked on a other in Auschwitz. Now, my point is nuclear-related agreement it had made and about the conditions in these camps. not to say these situations are the Prisoners face torture, hard labor, star- Mr. Hill had vouched for. It will continue to honor such agreements, or not, based on a same—they are not—but, rather, that vation, forced abortion, infanticide, reading of its own interests, not on whether there are similarities, and people public executions, chemical and med- its negotiating partners do or don’t speak should know this kind of evil still ex- ical experimentation on prisoners, and honestly. We think there’s an inverse rela- ists in the world today. I want people gas chambers. They experience deten- tionship between a regime’s trustworthiness to look at this prison situation. This is tion without judicial process, and fam- on any subject and its propensity to abuse one of the camps—and again, this is ily members of dissenters, including its own people. We also believe that it should not be left to the lone escapee from North from Google Earth—one of the prison children and the elderly, are also Korea’s gulag to speak out about its horror. camps in North Korea. Then I want to shipped to the gulag as part of the pol- High school students in America debate hold up here as well a picture of Ausch- icy of guilt by association. It is why President Franklin D. Roosevelt didn’t witz. I ask people to look at the simi- thought that over 400,000 people have bomb the rail lines to Hitler’s camps. Their larity of these situations and of these died in the gulags over the years, and children may ask, a generation from now, settings. I know when I first saw this, currently there are 200,000 North Ko- why the West stared at far clearer satellite images of Kim Jong Il’s camps, and did noth- I thought, this is really eerie, that rean prisoners in the gulag system. ing. these look alike this much. Now, I am I want to read to you an account Mr. BROWNBACK. Mr. President, not saying these are the same situa- from the Washington Post about the tions. What I am saying is we continue only known living escapee from a here is the quote I want to read from the article about Shin Dong-Hyuk: to have this evil in the world. We con- North Korean gulag, and Mr. President, tinue to have thousands of people I ask unanimous consent to have the . . . his finger was cut off as punishment for accidentally dropping a sewing machine killed in a gulag system in 2009. This full article printed in the RECORD. in the factory of the camp where he was continues to happen in the world. There being no objection, the mate- held. He bears scars from the torture of rial was ordered to be printed in the Mr. President, as you may recall, the being, essentially, roasted over a charcoal Congress sought to address this horri- RECORD, as follows: fire. When he was 14, he watched as his moth- fying situation back in 2004 with the [From the Washington Post, Dec. 15, 2008] er was hanged and his brother shot to death, North Korean Human Rights Act. This THREE KERNELS OF CORN—THE STATE DE- ostensibly for trying to escape. In a memoir, was passed and signed into law in Octo- PARTMENT HAS MORE PRESSING CONCERNS he writes of the ‘lucky day’ when he found, THAN A MODERN-DAY GULAG. in a pile of cow dung, three kernels of corn ber of that year. The Senate even that he was able to wash off and eat. We tend to think of concentration camps passed that bill by unanimous con- as belonging in history books, but Shin This was from the full piece from the sent—a proud day in the history of this Dong-hyuk reminds us of the uglier truth. Washington Post that I have had print- body as we strengthened the moral fi- Mr. Shin, who is 26, was born in such a camp ed in the RECORD. bers of this Nation. The purpose of that in North Korea and lived there until he es- Here is an aerial picture of what one law, as defined in its introduction, was caped in 2005. He is, in fact, the only person of the camps looks like. This is camp to promote respect for and protection known to have made a successful escape 18—and you can get these off Google of fundamental human rights in North from one of that nation’s prison camps, Earth—and the execution site within Korea; to promote a more durable hu- which hold an estimated 150,000 to 200,000 this camp. Imagine if during World War people. manitarian solution to the plight of Mr. Shin’s story, which Post reporter II and the Holocaust we had these North Korean refugees; to promote in- Blaine Harden movingly recounted in an ar- kinds of pictures and this sort of creased monitoring, access, and trans- ticle last week, was horrifying on a couple of knowledge. Would we say we want to parency in the provision of humani- counts. The casual, routine brutality of the really do something about this or tarian assistance inside North Korea; camps is, as the article noted, almost would we not? I think all of us would and to promote the free flow of infor- unfathomable. Part of Mr. Shin’s finger was say: Well, absolutely. We would want mation into and out of North Korea. cut off as punishment for accidentally drop- to be very vocal about this. We would Let me also read aloud the very first ping a sewing machine in the factory of the want to be addressing this issue if we camp where he was held. He bears scars from section of title I of that act. It says the torture of being, essentially, roasted knew it took place. Well, this is hap- this: over a charcoal fire. When he was 14, he pening today. It happened during Chris It is the sense of Congress that the human watched as his mother was hanged and his Hill’s watch in that position, it hap- rights of North Koreans should remain a key brother shot to death, ostensibly for trying pened during the six-party talks, and element in future negotiations between the to escape. In a memoir, he writes of the he didn’t address it and he didn’t work United States, North Korea, and other con- ‘‘lucky day’’ when he found, in a pile of cow on it. cerned parties in Northeast Asia. dung, three kernels of corn that he was able The desperate situation has caused to wash off and eat. tens of thousands of North Koreans to So this is a statement to the six- It’s horrifying, on another level, that only risk their lives and their families’ lives party talks—to our negotiators—that 500 people in South Korea, where Mr. Shin to flee across the border into China, human rights should remain a key ele- lives, have bought his book. Many Koreans ment in future negotiations. This was don’t want to hear about human rights seeking food, shelter, and livelihood. 1 abuses in the north; they’re worried that the But the Chinese Government blocks in 2004. Mr. President, 4 ⁄2 years have Communist regime might collapse and leave international access and aid to these transpired since the passage of this leg- the more prosperous south with a costly bur- refugees, leaving them helplessly ex- islation. During that time, the issue of den of rehabilitation. And South Korea isn’t posed to severe exploitation, particu- North Korean human rights quite sim- alone in tuning out the horrors. The United larly in the form of sex trafficking. The ply has been subordinated, ignored, States is more concerned with containing refugees also face repatriation if cast aside, and indeed swept under the North Korea’s nuclear ambitions. The State caught by Chinese authorities, which carpet, in complete contradiction of Department’s stunning lack of urgency was the law of this country and against our captured in a recent statement from its as- for most of them means automatic im- sistant secretary for Asia, Christopher R. prisonment, torture, or execution once Nation’s most basic moral obligations Hill: ‘‘Each country, including our own, returned to North Korean officials. and against the witnesses that we are needs to improve its human rights record.’’ As Holocaust-survivor and Nobel lau- that it is taking place even as we see Japan is focused on Japanese citizens ab- reate Elie Wiesel said, the North Ko- it.

VerDate Mar 15 2010 12:05 Aug 01, 2011 Jkt 079102 PO 00000 Frm 00031 Fmt 0686 Sfmt 0634 E:\BR09\S25MR9.001 S25MR9 erowe on DSK5CLS3C1PROD with BOUND RECORD 8534 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 7 March 25, 2009 In all the bluster and dealmaking administration who were charged with our Ambassador to Japan—and try to over the past few years, our nego- addressing the human rights situation mollify our stalwart ally, Japan, whose tiators have failed to exert any serious in North Korea. One of these individ- Government felt upset and betrayed. effort to address this dire issue. In fact, uals was Jay Lefkowitz, who struggled Finally, at least one senior intel- the situation has only worsened, ac- during his entire tenure as Special ligence officer has said Ambassador cording to any independent bench- Envoy for Human Rights in North Hill sidetracked and bypassed proce- mark. And the individual responsible Korea to gain tracks and support for dures designed to inform the intel- for this account during this period of his efforts among the East Asian Bu- ligence community of the substance of time is Ambassador Chris Hill, who, ac- reau and the team led by Hill. his discussions with the North Koreans. cording to the Washington Post Edi- Mr. President, I ask unanimous con- Such conduct in the course of nego- torial Board, displayed a ‘‘stunning sent to have printed in the RECORD a tiations should give serious pause to lack of urgency’’ to deal with human letter I sent, and was sent back in an- those concerned about the sensitivity rights and, according to the Wash- swer by Jay Lefkowitz today, where we of diplomacy in Iraq and in the Middle ington Times, ‘‘deliberately minimized asked him if was he ever invited to the East at this time. focus on the bleak human rights six-party talks—ever. In addition to this undiplomatic con- record.’’ This is the nominee to be the There being no objection, the mate- duct with respect to his executive Ambassador to Iraq—the most impor- rial was ordered to be printed in the branch colleagues, Ambassador Hill has tant account for us, I believe, in the RECORD, as follows: a disturbing track record of evasive- world. U.S. SENATE, ness, and I believe dishonesty, in deal- The cochair of the Congressional Washington, DC, March 25, 2009. ing with Congress. In statements made Human Rights Caucus, FRANK WOLF, Mr. JAY P. LEFKOWITZ, P.C., for the record in congressional testi- agreed, stating in a recent letter to Kirkland & Ellis LLP, Citigroup Center, New mony, Ambassador Hill made promises Hill that he is concerned with Hill’s York, NY. that he did not, could not, or had no in- DEAR JAY: Christopher Hill testified today ‘‘marginalization and utter neglect of before the Senate Foreign Relations Com- tention to keep. human rights.’’ mittee. In response to a question by Senator Regarding the prospect of normaliza- Just 1 year ago, Chris Hill himself Lugar, he failed to specifically address tion with North Korea, Ambassador said the following, asked about the whether he invited you to participate in the Hill assured a skeptical House Foreign human rights situation in North Korea: Six Party Talks to address North Korean Affairs Committee in February 2007 Each country, including our own, needs to human rights. As you recall, in his testi- that improvement in human rights improve its human rights record. mony before the Senate Armed Service Com- would be part of any deal struck with mittee on July 31, 2008, he promised to invite North Koreans. But 1 year later, Am- In the face of the most horrific and you to participate in all future negotiation ongoing human rights catastrophe in sessions, without qualifying the nature of bassador Hill indicated to a reporter the world and instructed by Federal those sessions. that normalization could proceed be- statute to address it, Ambassador Hill Based on my knowledge of the situation, I fore such things took place. He stated: instead saw fit to associate the record believe he violated his commitment. Can you Obviously we have continued differences of Kim Jong Il with that of the United please respond to me as to whether or not with North Korea, but we can do that in the States of America. Christopher Hill or anyone acting on his be- context of two states that have diplomatic Some have said that the policies im- half invited you to the Six Party Talks sub- relations. sequent to July 31, 2008? On the issue of human rights last plemented by Ambassador Hill were I look forward to your swift reply, and ap- merely the articulation of the Bush ad- preciate your cooperation in this matter. year, before the Senate Armed Services ministration, but this is not the case. I Sincerely, Committee, I asked Ambassador Hill spoke several times directly with SAM BROWNBACK, whether he would invite the Special President Bush about North Korean U.S. Senator. Envoy for Human Rights to all future human rights. I know his passion for it DEAR SENATOR BROWNBACK: At no point negotiation sessions. His answer, and I and his real commitment to addressing during my tenure as Special Envoy for quote it directly: the issue. He proudly signed the North Human Rights in North Korea, either before I would be happy to invite him to all fu- Korean Human Rights Act and then or after July 31, 2008, did Chris Hill or any- ture negotiating sessions with North Korea. one acting on his behalf invite me to partici- again its reauthorization last year. He pate in any Six Party Talks. That answer was given without quali- appointed a good, qualified man in Jay JAY. fiers. Lefkowitz as the Special Envoy for Mr. BROWNBACK. Mr. President, Mr. President, I ask unanimous con- North Korean Human Rights. But this is what Mr. Lefkowitz says in his sent to have the relevant portion of somewhere between the Oval Office and response to my letter: that committee transcript from July the six-party negotiation room, the 31, 2008, printed in the RECORD. DEAR SENATOR BROWNBACK: At no point message got lost. On this, we have during my tenure as Special Envoy for There being no objection, the mate- strong evidence that the broken link Human Rights in North Korea, either before rial was ordered to be printed in the was Ambassador Hill. or after July 31, 2008, did Chris Hill or any- RECORD, as follows: First, at his nomination hearing this one acting on his behalf invite me to partici- THE NORTH KOREAN SIX-PARTY TALKS AND very morning, Ambassador Hill admit- pate in any Six Party Talks. IMPLEMENTATION ACTIVITIES ted that on at least one occasion he ex- This is the Special Envoy for Human HEARING BEFORE THE COMMITTEE ON ARMED ceeded his instructions by meeting bi- Rights to North Korea. SERVICES, UNITED STATES SENATE, JULY 31, 2008 laterally with the North Korean Gov- Another key official cut out of the Senator BROWNBACK. I want to, because my ernment. This went against the clear loop by Hill was former Ambassador to time will be narrow here: will you state that public position of the President. He ex- Japan, Tom Schieffer. The Washington the Special Envoy will be invited to all fu- plained this by saying he had to ‘‘call Post reported in 2007 that Ambassador ture negotiating sessions with North Korea? Ambassador HILL. I would be happy to in- an audible.’’ This was in testimony this Schieffer received assurances from the vite him to all future negotiating sessions morning. But to others, this looks like administration that he could tell the with North Korea. a freelancing diplomat. When it comes Japanese Government that North Senator BROWNBACK. Thank you. to working in a country with neighbors Korea would not come off the terrorism Mr. Ambassador, you noted this earlier, such as Iran and Syria, the stakes are list until the abduction issue that was that there are political gulags and con- too high to have diplomacy run any- central to the Japanese had been re- centration camps in North Korea. Will you where other than by the Secretary of solved. But Ambassador Schieffer state that any prospect of normalization with North Korea is contingent upon the re- State and the President. found out later that Chris Hill had cut gime shutting down the political gulags and We also know from a number of a deal ignoring that pledge and, with- concentration camps? sources that Ambassador Hill used his out advance notice or information from Ambassador HILL. I can say to you, Sen- position to sideline key officials in the Ambassador Hill, had to backtrack— ator, that we will definitely raise these

VerDate Mar 15 2010 12:05 Aug 01, 2011 Jkt 079102 PO 00000 Frm 00032 Fmt 0686 Sfmt 0634 E:\BR09\S25MR9.001 S25MR9 erowe on DSK5CLS3C1PROD with BOUND RECORD March 25, 2009 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 7 8535 issues as an element of the normalization spent wisely, and their interests are to mention their failure to even slight- process. I’m not in a position at my level to being preserved. ly diminish the terror they inflict upon state to you today what the specific condi- In this case, we had a right to know the North Korean people. tions of normalization were, but they will be that the tens of millions of dollars We removed sanctions pursuant to raised as part of that and clearly, we will be looking for more satisfactory answers on worth of heavy fuel oil sent to Kim the Trading with the Enemy Act, and this. Jong Il, and the other serious conces- facilitated the transfer of money to the Senator BROWNBACK. Mr. Ambassador, the sions Ambassador Hill was handing regime that otherwise should have Illinois delegation in total in a letter dated over, were at least going to improve been confiscated by the Treasury De- in 2005—noted the abduction of Reverend our national security, if not help end partment under financial regulations Kim Dong Shik, who’s a U.S. citizen, and his the oppression of the North Korean for nuclear proliferators. wife is an Illinois resident, children U.S. citi- people. We looked the other way on the role zens. I’m going to enter this letter in the And in that respect, I would like to that the DPRK played in constructing record. It’s from the Illinois delegation. They have said they would not support any address the substance of Ambassador a nuclear reactor in Syria, choosing in- normalization with North Korea until his ab- Hill’s deals with the North Korean re- stead to plow ahead with the negotia- duction is dealt with. gime. The record can be summarized by tions. [The information referred to follows:] stating the concessions that both sides What is worse, after we gave up so Mr. BROWNBACK. Mr. President, I obtained through the negotiations. much leverage, the DPRK is now just already entered the note I received First, Ambassador Hill is credited as hostile and dangerous as ever. Next from the Special Envoy saying he was with a victory in bringing the North week the regime plans on launching a never invited, but there is another Koreans back to the table in 2005. But ballistic missile over Japan that could case—one I know is of great concern to in doing so, he admits to exceeding his reach the outskirts of the United the ranking member of the House For- instructions to avoid bilateral talks States, a provocative act of the gravest eign Affairs Committee, Ms. ROS- with the regime. significance. LEHTINEN—where Chris Hill told a re- Second, Hill oversaw and managed a And to push the limits of our toler- porter that he had no recollection of complicated process that involved Rus- ance even further, on March 17, North receiving a letter from and had pro- sia, China, South Korea, and Japan, in Korean border guards abducted two vided no response to the spouse of Rev. addition to the U.S. and the DPRK. American journalists—Laura Ling and Kim Dong-Shik, a U.S. permanent resi- Neither of these gains in process pro- Euna Lee—and reports indicate that dent and father of a U.S. citizen, who vided us with concrete evidence of since their capture they have been sub- was kidnapped in North Korea in 2000. progress on denuclearization, despite jected to ‘‘intense interrogation.’’ Yet a photo obtained by the media the fact that the North Koreans traded Taken all together, this is an unfor- showed Mr. Hill receiving this from the them for substantial material gain tunate legacy for Ambassador Hill. Congresswoman herself. from our side. Broken commitments to Congress, On the issue of nuclear disarmament, Ambassador Hill did obtain a declara- freelancing diplomacy, disregarding Ambassador Hill also misled Congress. tion of nuclear activities from the re- human rights, and giving up key lever- During his February 2007 testimony, gime. But as noted earlier, this dec- age to the DPRK in exchange for insub- Hill insisted that North Korea must laration was half a year overdue and so stantial gestures. disclose ‘‘all’’ of its nuclear programs, incomplete as to render it useless. The Such things have harmed our na- and specified that ‘‘All means all, and declaration provided no confirmation tional security and ignored our moral this means the highly enriched ura- of the number of bombs that were obligations, a legacy ill-suited for the nium program as well.’’ made, no admission or information on next Chief of Mission to Iraq. But when the North Koreans’ belated the uranium program, and nothing on I will conclude not with my own declaration of nuclear activity did not proliferation. It was a radioactive set words, but with the words of Rabbi even mention their uranium program, of documents of dubious worth. Abraham Cooper, associate dean of the even when there were reports that the Additionally, Ambassador Hill was Simon Wiesenthal Center, who wrote a documents themselves that they gave able to get the DPRK to implode the piece for the Korea Times last month, us had traces of uranium on them, Am- cooling tower at Yongbyon. But ac- which I will ask to be included in the bassador Hill still insisted on reward- cording to many analysts, the step was RECORD. ing the North Korean regime with mostly a symbolic gesture in that By exclusively pursuing the nuclear tail delistment from the terrorism list. North Korea is still able to run its plu- around the six-party table, we have contrib- On dealing with proliferation, later tonium reactor, just with more envi- uted to the horrible suffering of the people of that year before the House sub- ronmental consequences. North Korea and degraded the United States’ committee, Ambassador Hill said: In exchange for these minimal gains long-standing commitment to fundamental human rights. Clearly, we cannot be reaching a nuclear in process and symbolism, the conces- sions we forked over were substantial. Like the inmates of the Soviet Gulag or agreement with North Korea if at the same the Nazi concentration camps of the 1930s, time they are proliferating. It is not accept- Tens of millions of dollars worth of about 200,000 to 300,000 hapless victims in able. heavy fuel oil were shipped over to sup- North Korean camps wait for help. Our si- Yet only months later, Hill reached ply the regime with ‘‘energy assist- lence to these and other outrages is perhaps just such an agreement before Congress ance,’’ ostensibly so that it could con- Pyongyang’s greatest victory to date. We had a chance to answer key questions tinue to carry out its policies of bellig- want them to dispose of fearsome weapons— about North Korea’s alleged nuclear erence and oppression. they want our silence. And too often, we proliferation to Syria, taking place Congress was asked to pass legisla- have acquiesced.’’ during Hill’s own negotiations. tion waiving Glenn amendment sanc- Mr. President, I do not acquiesce to What all this shows is a disturbing tions against North Korea. These sanc- this nomination. pattern by Ambassador Hill to tell tions were designed to prohibit assist- I now ask unanimous consent the full Congress one thing, and then do an- ance to states that detonate illegal nu- article by Rabbi Abraham Cooper be other. clear weapons, and were automatically printed in the RECORD. Congressional testimony is not a for- triggered when DPRK tested a nuclear There being no objection, the mate- mality. It is not a venue for executive bomb in 2006. We gave them a pass on rial was ordered to be printed in the officials to parrot what Members of that. RECORD, as follows: Congress want to hear—regardless of We delisted the DPRK from the list CLINTON STRIKES BLOW FOR NORTH’S HUMAN whether such parroting reflects reality. of state sponsors of terror, despite RIGHTS Rather, congressional hearings pro- their failure to account for the Japa- (By Rabbi Abraham Cooper) vide a means to reassure the American nese abductees and U.S. permanent Give Hillary Clinton her due. Her first people that their tax dollars are being resident Reverend Kim Dong-Shik, not overseas foreign policy trip as secretary of

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state pits her against an adversary, North The logic of doing so was never stated The PRESIDING OFFICER (Mr. NEL- Korean leader Kim Jong-il, who over the last more vapidly than in the written statement SON of Florida). Without objection, it is 16 years effectively took both the Clinton of a private witness at last week’s hearing so ordered. and Bush administrations to the cleaners. before the House Foreign Affairs Committee: Despite profoundly different worldviews, ‘‘Japan will continue to be part of the prob- AMENDMENT NO. 715, AS MODIFIED the United States has played pretty much lem rather than part of the solution when it Ms. MIKULSKI. What is the pending the same cards at the six-party table. The comes to engaging North Korea, despite business? main goal: securing a nuclear-defanged being one of our most important allies. By North Korea. allowing the abduction of a handful of its The PRESIDING OFFICER. There is ‘‘Complications,’’ like human rights, were citizens decades ago to dominate all policy now 2 minutes equally divided before a effectively sidelined. Incredibly, some ‘‘Ko- considerations when it comes to the North, vote on amendment No. 715, as modi- rean experts’’ are pushing hard for Secretary Tokyo has become irrelevant at the nuclear fied. Clinton to pursue the same approach. talks,’’ the statement said, implying that Ms. MIKULSKI. Which is the Ensign Nuclear deal, uber alles. They still imagine being part of a negotiating process should second-degree amendment? that North Korea has the same objectives as outweigh a nation’s interest in the rights of we do: that Pyongyang wants to seek bene- its own citizens. Thankfully, Hillary Clinton The PRESIDING OFFICER. That is fits for their starving people, that it wants disagrees. correct. to advance economically, and that it pursues Secretary Clinton’s visit to Asia is ex- Ms. MIKULSKI. Thank you. As I un- political objectives because of nationalistic tremely important. So far, she’s been mak- derstand it, the Senator from Nevada fervor. ing it clear that we are willing to negotiate does not wish to speak. And, most dangerously, some experts dis- with North Korea, but at the same time, by miss the regime’s missile-rattling as merely meeting with the families of some of the Mr. ENSIGN. I yield back my time. a means to attract attention and extract a abductees, she is signaling that the United Ms. MIKULSKI. I will comment that higher price when they eventually give up States will no longer abandon them or our the Ensign amendment would make an their nuclear bargaining chips. The operative fundamental values. unnecessary, divisive change to the bi- assumption is that they, like us, ultimately Mr. BROWNBACK. I yield the floor. partisan amendment offered by Sen- want to succeed in achieving a negotiated The PRESIDING OFFICER. The Sen- ators BAUCUS and GRASSLEY. Senators agreement. ator from Maryland is recognized. But in pursuit of the prize, we have ignored BAUCUS and GRASSLEY create a non- Ms. MIKULSKI. Mr. President, I ask profit, capacity-building program that Pyongyang’s statements that they will never unanimous consent that at 5:15 p.m. compromise on military objectives and will would fund grant programs to provide never relent on its nuclear program. today, the Senate resume consider- technical assistance to small charities: We have failed to recognize that the North ation of the Ensign second-degree how to manage finances, accurately Koreans leverage the process of negotiations amendment, No. 715, and that the file tax returns, et cetera. to get benefits, while using any pretext to amendment be modified with changes There is no limitation in the Baucus- avoid fulfilling verifiable agreements on the at the desk and there be 2 minutes of Grassley amendment on the type of issues that trouble the rest of the world. debate equally divided and controlled charities that can access these training If this process also degrades our alliances in the usual form prior to a vote in re- with Japan and South Korea and stymies the opportunities. Therefore, the Senator lation to the amendment; that upon advance of good relations and China, their from Nevada’s amendment is unneces- the use of that time, the Senate pro- true objectives—putting us and our regional sary. ceed to a vote in relation to the amend- friends in a difficult position—will have been Therefore, I move to table the Ensign achieved . . . again. ment; that upon the disposition of By exclusively pursuing the nuclear tail amendment No. 715, as modified, the amendment and ask for the yeas and around the six-party table, we have also con- Baucus-Grassley amendment, No. 692, nays. tributed to the horrible suffering of the peo- as amended, if amended, be agreed to The PRESIDING OFFICER. Is there a ple of North Korea and degraded the United and the motion to reconsider be laid sufficient second? States’ long-standing commitment to funda- upon the table, and that the Senate There appears to be. The question is mental human rights. Like the inmates of the Soviet Gulag or then resume consideration of amend- on agreeing to the motion. The clerk the Nazi concentration camps of the 1930s, ment No. 693 and that the amendment will call the roll. about 200,000 to 300,000 hapless victims in be modified with the changes at the The bill clerk called the roll. North Korean camps wait for help. desk; that once modified, the amend- Mr. DURBIN. I announce that the Every day, they are forced to renounce ment be agreed to, as modified, and the Senator from Massachusetts (Mr. KEN- their very humanity. How else to survive motion to reconsider be laid upon the NEDY) is necessarily absent. when prison guards threaten to chop off a table; that the Senate then resume child’s hand to force a confession from a par- Mr. KYL. The following Senator is ent? consideration of amendment No. 717, necessarily absent: the Senator from Why doesn’t that guard, or those who’ve and that the amendment be agreed to Wyoming (Mr. ENZI). and the motion to reconsider be laid run gas chambers or performed experiments The PRESIDING OFFICER. Are there upon the table, and that no amend- on political prisoners, have any reason to any other Senators in the Chamber de- fear punishment under international law? ments be in order to any of the amend- siring to vote? Our silence to these and other outrages is ments covered in this agreement prior perhaps Pyongyang’s greatest victory to to a vote in relation thereto. The result was announced—yeas 56, date. We want them to dispose of fearsome The PRESIDING OFFICER. Without nays 41, as follows: weapons—they want our silence. [Rollcall Vote No. 111 Leg.] And too often, we have acquiesced. For the objection, it is so ordered. past two years we have let Japan go it alone The amendment (No. 715), as modi- YEAS—56 in its fight to bring back citizens who were fied, is as follows: Akaka Gillibrand Murray abducted by North Korea, kidnapped as they On page 2, line 20, insert before the period Baucus Hagan Nelson (FL) walked the streets of their hometowns in the following: ‘‘which shall include crisis Bayh Harkin Pryor Japan. pregnancy centers, organizations that serve Begich Inouye Reed As many as 80 Japanese are estimated to battered women (including domestic violence Bennet Johnson Reid have been taken against their will to North shelters), and organizations that serve vic- Bingaman Kaufman Rockefeller Boxer Kerry Korea, where they are forced to train North tims of rape or incest’’. Sanders Brown Klobuchar Schumer Korean spies, enter arranged marriages and Burris Kohl Ms. MIKULSKI. Mr. President, I sug- Shaheen serve other interests of the Kim Jong-il re- Byrd Landrieu gest the absence of a quorum. Snowe gime. Kim himself admitted to 13 abduc- Cantwell Lautenberg The PRESIDING OFFICER. The Stabenow tions. Cardin Leahy clerk will call the roll. Carper Levin Tester In our eagerness to obtain that elusive Udall (CO) agreement in which we imagine North Korea The bill clerk proceeded to call the Collins Lieberman Dodd Lincoln Udall (NM) might divest itself of a bargaining chip it has roll. Ms. MIKULSKI. Mr. President, I ask Dorgan McCaskill Warner devoted decades to develop at great expense, Durbin Menendez Webb we sacrifice our own commitment to human unanimous consent that the order for Feingold Merkley Whitehouse rights. the quorum call be rescinded. Feinstein Mikulski Wyden

VerDate Mar 15 2010 12:05 Aug 01, 2011 Jkt 079102 PO 00000 Frm 00034 Fmt 0686 Sfmt 0634 E:\BR09\S25MR9.001 S25MR9 erowe on DSK5CLS3C1PROD with BOUND RECORD March 25, 2009 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 7 8537 NAYS—41 ish tomorrow so people could go back The PRESIDING OFFICER. Without Alexander Crapo McCain to their States and do what they need objection, it is so ordered. Barrasso DeMint McConnell to do before the difficult week we have Mr. REID. Mr. President, for the Bennett Ensign Murkowski next week. But if we can’t finish this, Bond Graham Nelson (NE) knowledge of all Senators, there will be Brownback Grassley Risch we will have to vote for cloture and ei- a briefing here tomorrow, in the Vis- Bunning Gregg Roberts ther the Republicans will allow us to itor Center in the closed hearing room, Burr Hatch Sessions move the vote up to Thursday or we dealing with Afghanistan. There is Casey Hutchison Shelby Chambliss Inhofe will have to do it Friday morning. That going to be a report come out from the Specter Coburn Isakson means if people want to continue being Thune White House tomorrow. Ambassador Cochran Johanns Vitter difficult—and I am confident that will Holbrooke will be here to brief all Sen- Conrad Kyl Corker Lugar Voinovich not be the case—then we would have to ators. I wish we could have given ev- Cornyn Martinez Wicker finish this on Saturday. We have to fin- eryone more notice. I didn’t know ish this legislation before Monday. We NOT VOTING—2 about it until 4 o’clock today. I am have to start on the budget Monday. sorry about that. I know attendance Enzi Kennedy There is 50 hours of statutory time. may not be perfect because at 12 noon, The motion was agreed to. That time has to start running Mon- there is going to be a series of votes in AMENDMENTS NOS. 692, 693, AS MODIFIED; AND 717 day. We will come in at an early time the Budget Committee. There will also The PRESIDING OFFICER. Under on Monday to get that going. be a series of votes at 3:30 tomorrow the previous order, the following I had a small conversation today afternoon in the Budget Committee. amendments are agreed to: Amend- with Senator GREGG. He has an idea of What we accomplish on the floor, we ments Nos. 692, 693, as modified, and how many amendments the Repub- are going to work around these votes 717. The motions to reconsider those licans wish to offer. This is one of that come from the Budget Committee. votes are considered made and tabled. those times when we have to look for- I would hope we could wrap up this bill The amendments (Nos. 692 and 717) ward to what we have next week. right after that briefing, which will end were agreed to. I send a cloture motion to the desk at 5 o’clock tomorrow afternoon. The amendment (No. 693), as modi- on the substitute amendment. The PRESIDING OFFICER. The Sen- The PRESIDING OFFICER. The clo- fied, was agreed to, as follows: ator from Maryland. ture motion having been presented On page 115, line 15, strike ‘‘1 percent’’ and Ms. MIKULSKI. Mr. President, I be- insert ‘‘2 percent’’. under rule XXII, the clerk will report the motion. lieve we can wrap up this bill. I am not On page 115, line 20, strike ‘‘$10,000,000’’ and aware of many more amendments on insert ‘‘$20,000,000’’. The legislative clerk read as follows: our side of the aisle. We will be able to On page 213, after line 21, insert the fol- CLOTURE MOTION lowing: We, the undersigned Senators, in accord- come to closure on ours, I believe, even (b) AMENDMENT.—Subtitle F of title I is ance with the provisions of rule XXII of the before noon tomorrow, acknowledging further amended by inserting after section Standing Rules of the Senate, hereby move what will happen in the Budget Com- 184 the following: to bring to a close debate on the Mikulski mittee. So we would like to be able to ‘‘SEC. 184A. AVAILABILITY OF ASSISTANCE. substitute amendment No. 687 to H.R. 1388, a move expeditiously. ‘‘A reference in subtitle C, D, E, or H of bill to reauthorize and reform the national I would hope we would not have to be title I regarding an entity eligible to receive service laws. in session late on Friday or on Satur- Harry Reid, Barbara A. Mikulski, Pat- direct or indirect assistance to carry out a day. And, in fact, I would suggest that national service program shall include a rick J. Leahy, Daniel K. Akaka, John non-profit organization promoting competi- F. Kerry, Jeff Bingaman, Russell D. Members go home to their commu- tive and non-competitive sporting events in- Feingold, Carl Levin, Jon Tester, Rob- nities and volunteer. There is always volving individuals with disabilities (includ- ert P. Casey, Jr., Benjamin L. Cardin, some good work to be done. This is ing the Special Olympics), which enhance Jeanne Shaheen, Roland W. Burris, about national service. We have heard the quality of life for individuals with dis- Sheldon Whitehouse, Robert Menendez, about the little platoons all over Amer- abilities.’’. Kirsten E. Gillibrand, Patty Murray. ica. There are communities that need The PRESIDING OFFICER. The ma- Mr. REID. I ask unanimous consent our help more than they need long- jority leader. that the live quorum not be necessary. winded speeches on the Senate floor. The PRESIDING OFFICER. Without CLOTURE MOTION So let’s do some heavy lifting in the objection, it is so ordered. Mr. REID. Mr. President, we have Senate, and let’s do some heavy lifting made progress on this legislation. I ap- CLOTURE MOTION in our communities. But let’s bring preciate very much the hard work of Mr. REID. I send a cloture motion to this bill to an end tomorrow night. the desk. Senator MIKULSKI and appreciate the I really want to thank my colleague, The PRESIDING OFFICER. The clo- cooperation we have received on this Senator HATCH, for the excellent co- ture motion having been presented side of the aisle. We are going to work operation he and his staff have given under rule XXII, the clerk will report through more amendments tomorrow— us, along with Senator ENZI, who I the motion. know continues to be snowed-in in Wy- if, in fact, there are other amendments. The legislative clerk read as follows: It is my understanding the Thune oming. We do not want to be snowed-in CLOTURE MOTION amendment is one we will vote on. We in the Senate. We have now filed clo- We, the undersigned Senators, in accord- ture. Let’s get this bill done. will not do that tonight. We will do it ance with the provisions of rule XXII of the in the morning at a convenient time Standing Rules of the Senate, hereby move Mr. President, questions have been for everyone. I am going to file cloture to bring to a close debate on H.R. 1388, a bill raised about the intent of section 1705 tonight. I hope it is not necessary that to reauthorize and reform the national serv- giving the chief executive officer au- we vote to invoke cloture. We should ice laws. thority to delegate specific pro- not have to invoke cloture on a bill Harry Reid, Barbara A. Mikulski, Pat- grammatic authority to the States. In such as this. This is a bill that is un- rick J. Leahy, Daniel K. Akaka, Jeff particular, strong concerns have been questionably bipartisan. We have given Bingaman, Joseph I. Lieberman, Rus- raised that corporation officials would sell D. Feingold, Carl Levin, Jon hours and hours of time for people to Tester, Robert P. Casey, Jr., Benjamin use this authority to eliminate the offer amendments, to speak on the bill, L. Cardin, Jeanne Shaheen, Roland W. State offices of the corporation and ad- speak on the amendments. As everyone Burris, Sheldon Whitehouse, Robert versely impact the operation of VISTA knows, this is our last weekend prior Menendez, Kirsten E. Gillibrand, Patty and the Senior Corps. to the Easter recess and next week is Murray. The committee intends that the chief going to be a real difficult week. They Mr. REID. Mr. President, I ask unan- executive officer will use this author- always are when we do the budget. So imous consent that the mandatory ity judiciously to improve the oper- it would be a good idea if we could fin- quorum be waived. ation of the all of the corporation’s

VerDate Mar 15 2010 12:05 Aug 01, 2011 Jkt 079102 PO 00000 Frm 00035 Fmt 0686 Sfmt 0634 E:\BR09\S25MR9.001 S25MR9 erowe on DSK5CLS3C1PROD with BOUND RECORD 8538 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 7 March 25, 2009 programs by using a consultative proc- American Indians have the lowest the Hill and the financial hole into ess that includes all of the stake- level of educational attainment of any which it will put this country, our chil- holders in the affected programs. The racial or ethnic group in the United dren, and our grandchildren. committee expects the corporation to States. Only 13.3 percent of Native They are right to be worried. The continue the staff from State offices at Americans have an undergraduate de- independent, nonpartisan Congres- an operational level that is at least gree, compared to the national average sional Budget Office released its anal- equal to the current one. of 24.4 percent. Volunteers in the Edu- ysis of the President’s proposed budget Mr. DORGAN. Mr. President, I rise cation Corps who offer their time as on last Friday. Its assessment is very today to speak on my amendment that mentors and tutors in Indian Country troubling. The CBO’s estimate for the has been offered to the Serve America could help improve these numbers for cost of this budget exceeds that of the Act. I would first like to thank my col- our First Americans. Obama administration’s estimate by league, Senator MURKOWSKI, for offer- Moreover, the Health Futures Corps $2.3 trillion over a 10-year period. By ing this amendment on my behalf. She could assist with volunteers for indi- borrowing and spending so much is a cosponsor to this amendment along vidual American Indians who need help money, the CBO projects that the pub- with a number of my other colleagues, obtaining health services or navigating lic debt—the amount we have to pay including Senators BINGAMAN, JOHN- the health care system. The Clean En- back to our creditors—will grow to 82 SON, AND BARRASSO. ergy Corps might facilitate volunteers percent of GDP by 2019. The last time My amendment will accomplish two for Indian Country to assist with that happened, America was paying off things: First, it will designate a perma- weatherization of homes on Indian res- a massive debt it incurred from fight- nent Strategic Advisor for Native ervations. The Veterans Corps is able ing in World War II. According to the American Affairs at the Corporation to send volunteers to work with Amer- CBO, this year, 2009, the total deficit is for National and Community Service. ican Indian families who have a family estimated to hit $1.9 trillion. By 2018, And second, it will ensure that Indian member deployed overseas. Finally, the CBO projects annual deficits to be Tribes remain eligible to compete for the Opportunities Corps could provide more than $1 trillion every year, and national service grants. volunteers to increase financial lit- rising. Under the terms of this budget, I want to applaud the Corporation for eracy in Indian communities where the annual deficit, in 2013, is slated to National and Community Service for this assistance is desperately needed. be $672 billion—or more than 4 percent recognizing the need for a tribal liaison In addition, organizations who par- of estimated GDP. That is one of the over the past year. That office has ticipate in the national service pro- largest deficits in American history, helped make tribal communities more grams, such as the Boys and Girls Club, but it is actually the smallest pro- aware of the opportunities that the are active through these national serv- jected deficit in this entire budget. Corporation offers. ice programs in Indian Country and Back in 2004, before he was the Presi- Making this position permanent will they provide a much needed positive dent’s Director of the Office of Manage- further increase tribal community in environment where Native American ment and Budget, current OMB Direc- all national service programs. In addi- youth can go to celebrate their culture tor Peter Orszag wrote that repeated tion, the office would collect informa- and community. deficits of 3.5 percent or more will put tion on challenges to tribes to better I would like to reiterate how impor- this country on an ‘‘unsustainable address tribal program needs. tant these national service programs path’’ and would result in ‘‘a related The amendment places the designa- are to Indian Country and thank the loss of confidence both at home and tion of this position under the duties of Corporation for National and Commu- abroad.’’ He was right. But we are feel- the chief executive officer of the Cor- nity Service for recognizing that im- ing that loss of confidence among poration for National and Community portance. I urge my colleagues to sup- Americans now, much less among those Service and would greatly help to de- port this amendment to the Serve whom we are looking to to buy that velop and enhance programming to ad- America Act. huge debt we are creating. dress the unique needs of Indian tribes. f To put it plainly, people are worried. The second part of this amendment These are people such as Phil Perlis, would ensure that tribal governments MORNING BUSINESS who owns a family clothing business in remain eligible for nationally competi- Ms. MIKULSKI. Mr. President, I now Tifton, GA. Phil’s family has owned tive grants. Existing law allows tribes ask unanimous consent that the Sen- The Big Store for almost a century, to compete for funds with states and ate proceed to a period of morning and it employs approximately 20 peo- national nonprofit organizations. The business, with Senators permitted to ple. I know Phil and his family very bill as currently written would remove speak for up to 10 minutes each. well. Phil said this is the toughest year tribal eligibility to compete for these The PRESIDING OFFICER. Without he has ever had. He has been ‘‘squeezed grants. My amendment merely main- objection, it is so ordered. in every place imaginable.’’ The days of tains existing law, and acknowledges The Senator from Georgia. feeling comfortable about making a Indian tribes as eligible entities for f profit no longer exist, and he simply these competitive grants. hopes to be in business this time next As my colleague from Alaska noted, THE PRESIDENT’S PROPOSED year. His confidence is shaken. And many of the proposed Corps in this act BUDGET given the business climate and the eco- address the very issues which are most Mr. CHAMBLISS. Mr. President, I nomic issues in Washington—and de- critical in Indian Country. Grants rise today to speak about the Presi- spite his positive attitude—Phil pre- under the activities and indicators of dent’s proposed budget. dicted to me the other day that very the Education, Healthy Futures, Clean A real sense of unease is pervading trying times are ahead for his store, as Energy, Veterans and Opportunity the country right now, and it is not well as all other small businesses Corps would provide many volunteers just the stock market or unemploy- across America. from tribal organizations, States, and ment fears or the housing crisis. There He is not alone. Americans, despite national nonprofits numerous opportu- is a genuine apprehension about where the optimism that is our birthright, al- nities to work on reservations. our Nation is headed financially. ready feel a sense of disquiet about the My hope is that the Corporation will In my travels throughout my home direction our Nation is headed eco- continue to encourage the use of these State this past weekend, I had the op- nomically. As an example, the national Corps on Indian reservations though portunity to talk to Georgians from savings rate has gone from zero in 2005 the proposed strategic adviser for Na- Atlanta, to Waycross, to Blakely, to to 8 percent today. For the good of tive American affairs in a way which Macon, and to hear what is on their their families, Americans are trying to will help tribal communities and indi- minds. One of their main concerns is hold on to what they have, not throw- viduals. the budget the President has sent to ing caution to the wind and hoping for

VerDate Mar 15 2010 12:05 Aug 01, 2011 Jkt 079102 PO 00000 Frm 00036 Fmt 0686 Sfmt 0634 E:\BR09\S25MR9.001 S25MR9 erowe on DSK5CLS3C1PROD with BOUND RECORD March 25, 2009 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 7 8539 a future financial miracle. For the More than 3.5 million jobs were lost pects that those kids of yours or good of our country, our children, and over the past 13 months, before Presi- grandkids will even find a job are di- our grandchildren, our Government dent Obama came to office—more jobs minished. So our investment in the re- should do the same. than at any time since World War II. covery plan is a basic investment to Mr. President, I yield the floor. Another 8.8 million Americans who try to create more consumer demand I suggest the absence of a quorum. want and need full-time work have had for goods and services and get the econ- The PRESIDING OFFICER. The to settle for part-time jobs. Manufac- omy chugging forward again. clerk will call the roll. turing employment has hit a 60-year The budget the President proposes, The legislative clerk proceeded to low. Capital markets are virtually fro- the one for the next fiscal year, for our call the roll. zen, making it difficult for businesses Government that we will be debating Mr. DURBIN. Mr. President, I ask to grow and families to borrow for a next week on the floor of the Senate, is unanimous consent that the order for home, a car, or the college education a smart, fair, and responsible budget. the quorum call be rescinded. expenses of their kids. Families are The President has proposed—and he de- The PRESIDING OFFICER (Mr. struggling to pay their bills and make scribed it last night in his press con- BURRIS). Without objection, it is so or- their mortgage payments. Trillions of ference—to restore fairness for middle- dered. dollars of wealth have been wiped out. class families, reestablish responsi- bility in the budgeting process, and f There is hardly anyone with a savings account or any kind of investment who make smart investments for America’s THE BUDGET future. I think we have to do all three. has not seen it diminished by this The Republican response to this on Mr. DURBIN. Mr. President, next economy over the last year. That is week the Senate is going to take up the other side of the aisle is that the just a fact. President’s budget just spends too the budget. The budget, of course, is It is in that environment and in that much money. It taxes too much. It bor- one of the most important documents context that we discuss what to do in the Congress considers each year. It is rows too much. the next budget. What should the Fed- The President’s increase in what we really the blueprint for spending. At eral Government do in light of these the end of that debate in the Senate, call nondefense discretionary spend- economic realities? ing—that is outside of the mandatory hopefully the budget will pass and the Well, the first thing we did for this same thing will happen in the House. programs such as Social Security and President was to pass a recovery and Medicare and Medicaid and other pro- The two Chambers will come together reinvestment package, the stimulus grams, veterans programs, and defense and agree on a spending pattern for the bill. The President came to us and said: spending—all the rest of the budget is next fiscal year, which begins October Here is the fundamental problem we relatively small in comparison. But it 1. run into. People are worried. When is true that the President calls for in- It is an elaborate process, a lengthy their confidence is low, they stop creased spending in that area—but in process, many times a divisive process, spending. And if they are not spending two specifics: one, more money for vet- but one that is absolutely essential be- on basic appliances and cars and things erans. You cannot visit a veterans hos- cause this budget book really reflects people spend money on, then, of course, pital or meet with veterans today with- who we are and where our values are. there is no demand for goods and serv- out realizing that the promise we made That is why we spend so much time ices. Without that demand, businesses to them has to be kept, and it will cost thinking about it and planning it. We start contracting and shrinking, laying money. I had a hearing today where have to look ahead, and not just to the off employees, and the situation goes two generals spoke to us from the Air next fiscal year from October 1 of this from bad to worse. National Guard and the Army National year through September 30 of 2010 but So the President came to us and said: Guard and they talked about returning to what the budget will mean in the I am asking for $800 billion in a recov- veterans and the problems they face, outyears. What will it do for the fol- ery and reinvestment package to try to and we know there are many. Some lowing year? What do we anticipate breathe some life back into this econ- come home with terrible wounds from will happen? omy, to create jobs and save jobs, so war and have a long period of time Some of it is speculation. There are people will have a paycheck they will ahead of them for rehabilitation and great speculators, and people paid a lot spend for goods and services, which will recovery. Some, however, come home of money to speculate on what is going invigorate businesses across America. with invisible wounds, psychological to happen to the economy, and they That, to me, was just fundamental. I wounds, posttraumatic stress disorder come up with different conclusions. I took some economics courses in college and the like. LTG Vaughn from the was thinking the other day, when the way back when, and we basically Army Guard and Reserve said that sui- Congressional Budget Office came out learned what was known as Keynesian cide rates are up 140 to 150 percent. The with different projections for economic economics; that is, if you do not have same thing is true with the air guard growth: I wonder if any speculators on enough aggregate demand in your returnees. It is an indication that we economic growth 2 years ago would economy, you can create that demand have an obligation that needs to be have predicted we would be where we in three different ways: consumer met. We need to spend money to make are today. I do not think so because spending, investment, or Government sure these veterans get the kind of care there would have been a race for the spending. Well, we cannot get people to we promised, to put them back in a po- exits, with people selling their stocks invest because they are afraid of the sition in life where they can proceed to and mutual funds and liquidating as stock market. Consumer spending is get a job and build a home and a family fast as they could. We did not receive down because people are worried about and have a good future. They served us. fair warning this was going to happen, the future. That leaves you one option: They risked their lives for America. We although there were some storm clouds Government spending. promised we would stand by them. that really should have been heeded. A lot of people say: Well, how can we President Obama keeps the promise in Well, when this President came to of- spend money—$800 billion—Senator, this budget. fice, he inherited quite a situation. We when we have all these deficits? You When the Republicans on the other started the year 2009 with President are just piling up more debt for our side say cut spending, I wonder if we Obama in the midst of a crisis unlike kids to pay. There is truth to that, but will see any amendments from the Re- any we have seen in our lifetime. As it does not tell the whole story. If we publican side to cut President Obama’s the Budget Office book indicates, our do not turn this recession around, if we requested increase in spending to help economy is in deep recession that do not put people back to work and our veterans. It is one of the highlights threatens to be deeper and longer than businesses back in business, then, of his budget. I don’t think they will any since the Great Depression 75 years sadly, the recession gets worse, the offer that amendment. They may com- ago. overall deficit gets worse, and the pros- plain about the spending level, but I

VerDate Mar 15 2010 12:05 Aug 01, 2011 Jkt 079102 PO 00000 Frm 00037 Fmt 0686 Sfmt 0634 E:\BR09\S25MR9.001 S25MR9 erowe on DSK5CLS3C1PROD with BOUND RECORD 8540 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 7 March 25, 2009 doubt if they will stand up here and say making over a quarter of a million dol- people in America and we don’t care we are spending too much money on lars a year or half a million a year or what debt it incurs. I think their prior- our veterans. $1 million a year should pay a little ities are wrong. The President, of course, puts money more in taxes, they say it goes too far, Where was this worry about bor- into education, as he should. President it is fundamentally unfair. I disagree rowing too much when the Bush ad- Obama understands that a lot of mid- with that point of view. What the ministration turned that Clinton sur- dle-income families are struggling to President has proposed is smart, fair, plus into the largest pile of debt this keep their kids in school. Sometimes and responsible. Ninety-five percent of Nation has ever seen? Remember Vice they are not making as much money at Americans will see their taxes go down, President Dick Cheney’s favorite home as they used to. Some kids have as long as those tax cuts are paid for. quote: ‘‘Reagan proved deficits don’t been asked to come home from the To those who say that raising taxes matter.’’ Well, I don’t agree with that campuses and not go back to school for on anyone is a sure way to ruin the view. They do matter, to our kids and awhile until things get better. Well, economy, look back to how our econ- our grandkids. But those who should that interrupted education is not good, omy performed in the 1990s. Most have been worrying about our deficits and we want these kids, these young Americans would gladly trade the pros- over the past 8 years turned a blind eye men and women, to have a bright fu- perity of that decade for today’s econ- to them. They went along with Vice ture. President Obama’s budget spends omy. No one in America will pay more President Cheney. They said deficits money in providing financial and tax taxes under the Obama budget than don’t count. They refused to do any- assistance to students in school. If that they would have paid in the 1990s under thing, while our national debt doubled isn’t a smart investment for our fu- the Clinton administration. This budg- under the last Republican administra- ture, I don’t know what is. It is criti- et takes a fair, responsible, and tar- tion, and we built up enormous debts cally important. geted approach to the current imbal- we still owe to China and Japan, OPEC, So to my Republican friends who say ance in our taxes. and many other nations. They refused we spend too much, I guess my basic Then, of course, there is the criticism to act when our economy was growing answer to them is: Please show us your on the Republican side that President and could have easily absorbed the nec- budget. Unfortunately, what we have Obama’s budget borrows too much, bor- essary change. Now, when our economy heard and what we have seen from the rows too much money. Well, let’s re- is struggling and we need to spend the Republican side of the aisle is the same flect on history for a moment. Eight money to move forward, these same old politics and the same old policies— years ago when President George W. Republicans have decided that deficits policies that brought us into this eco- Bush took office, he inherited a surplus are bad news. They have suddenly got- nomic mess, and they still cling to from President Clinton, a 2-year sur- ten a new brand of religion and they them. Unfortunately, they don’t reflect plus when we were generating more want us to end the deficits they sup- the reality of where America is today. revenue than we were spending in ported in the first place. They were They say, of course, on the Repub- Washington. It hadn’t happened in 30 wrong then and they are wrong now. If lican side that the President taxes too years, but it happened under a Demo- we want to turn around the economy, much—taxes too much in his budget. cratic President. George W. Bush in- now is the time for smart investments Well, since 95 percent of Americans herited this. At the time he came to of- that pay off over the long term. We would receive a tax cut and any tax in- fice, the sum total of the debt of Amer- want to make sure we create jobs and creases are for the richest Americans— ica, from the days of George Wash- business opportunities, investing in those at the highest level of income— ington through the Clinton administra- things that will pay off for a long time then apparently the Republicans are tion, was about $5 trillion. President to come. The President spelled them complaining because those who are George W. Bush inherited a budget out last night. well off might end up paying more in with a surplus and a $5 trillion mort- We know if we invest in health care taxes. gage on America. At the end of 8 years, in America to reduce the cost so that Over the last several weeks we have what did President George W. Bush and individual families and businesses, heard quite a bit about how some of the Republican administration leave State and local governments, as well as the wealthiest people in America are us? The largest annual deficit in Amer- the Federal Government, have a re- getting by and being compensated. I ican history—$1.3 trillion—and a dou- duced increase in the cost of health recognize that every wealthy American bling of the national debt. In 8 years, care each year, it will help us balance hasn’t contributed to the decline in our President George Bush doubled all the the books. President Obama is dedi- economy, and not every wealthy Amer- debt accumulated by America in the cated to doing that. It will not only be ican pulls down a hefty AIG bonus each entire history of our Nation. good from a budget viewpoint, it is year, but we are in this together. If we That happened on the watch of the good from a health care viewpoint. It are asking sacrifice from average Republicans who supported that Presi- makes health insurance more afford- working families—and we are—is it too dent’s policies. Now, this President, 65 able. It makes health care more afford- much to ask those making over $250,000 days into his Presidency, is being ac- able. It will mean that by modernizing a year to pay a little bit more in taxes? cused of borrowing too much money, and computerizing health records, we People making over a quarter of a mil- inheriting an economy flat on its back, will have a better diagnosis and we will lion dollars a year will have to pay a trying to spend money and get us mov- avoid the medical errors that fre- little bit more under President ing forward, and the criticism from the quently occur when information isn’t Obama’s budget. That is a fact. Their other side is he is going to have to bor- gathered correctly and completely. So taxes will go up. The complaints from row money. that investment in health care is part the other side must be about those tax Where was all this worry about bor- of President Obama’s spending, spend- increases, because the overwhelming rowing too much when nearly all the ing to bring us out of the recession the majority—95 percent of American fami- Republicans voted to permanently re- right way: investing in our future. lies—will see a tax cut, the President’s peal the estate tax, a repeal which He also invests in energy. It wasn’t Making Work Pay tax cut. would cost the American taxpayers $1 that long ago we were captives of the Some of my friends on the other side trillion—$1 trillion—in order to provide oil cartels that decided how much we of the aisle seem to have no problem a tax break to the wealthiest three- would pay for gasoline. It went up to asking middle-class American work- fourths of 1 percent of Americans? I about $4.50 in the Midwest. In Illinois, ers—people making $35,000 or $40,000 a can tell my colleagues, many of the where I am honored to be Senator, peo- year—to make wage and salary conces- same Senators who were crying copious ple were hurting. Filling a gas tank sions when they renegotiate their con- tears over the thought of going into was a big deal. I remember pulling my tracts, but if you ask those on the debt were the first to step forward and little Ford pickup truck into a gas sta- other side of the aisle whether people say, Give a tax break to the wealthiest tion in Springfield to fill it up on the

VerDate Mar 15 2010 12:05 Aug 01, 2011 Jkt 079102 PO 00000 Frm 00038 Fmt 0686 Sfmt 0634 E:\BR09\S25MR9.001 S25MR9 erowe on DSK5CLS3C1PROD with BOUND RECORD March 25, 2009 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 7 8541 weekend and it was 60 bucks and I When the time comes next week, I On page 59, line 9, insert ‘‘and as clarified couldn’t believe it. I had never paid 60 hope my colleagues will step forward, in applicable regulations promulgated by the bucks to fill up that little truck, ever. be part of a new era of responsibility, Department of Education before ‘‘; and’’. That is what happened. For other On page 69, line 14, insert ‘‘and as clarified be part of renewing America’s prom- in applicable regulations promulgated by the folks, they had to fill up every other ises, promises we have made that we Department of Education before the semi- day to get back and forth to work. We will show good stewardship in leading colon. were the captives of these oil cartels, this country out of this recession into The PRESIDING OFFICER. The these dictators, who were draining off a bright day tomorrow. amendments, as modified, are agreed hundreds of billions of dollars from Mr. President, I yield the floor and to, and the motions to reconsider are families and businesses in America for suggest the absence of a quorum. laid upon the table. overpriced oil—$120 a barrel and be- The PRESIDING OFFICER. The The amendments (Nos. 695 and 696), yond. President Obama wants to bring clerk will call the roll. as modified, were agreed to. that to an end. He wants us to move to- The assistant legislative clerk pro- f ward energy independence. ceeded to call the roll. He wants to invest in making certain Mr. DURBIN. Mr. President, I ask FLOODING IN NORTH DAKOTA we have green energy sources, renew- unanimous consent that the order for Mr. DORGAN. Mr. President, Senator able and sustainable, right here at the quorum call be rescinded. CONRAD and I and Congressman POM- home. Is that a good thing for the long The PRESIDING OFFICER. Without EROY, our two colleagues from Min- term? I think it is one of the best in- objection, it is so ordered. nesota, Senator KLOBUCHAR and Con- vestments we can make. It is the kind f gressman PETERSON, met with Presi- of smart investment we need in a budg- dent Obama just a few moments ago in et which many of my friends on the NATIONAL SERVICE the Vice President’s Room behind the other side of the aisle have rejected. REAUTHORIZATION ACT—Continued Chamber to talk about the flood threat They were the first to complain about in our region. This is today’s NOAA gas prices. They are obviously the last AMENDMENTS NOS. 691, 712, 695, AS MODIFIED, AND 696, AS MODIFIED flood warning map of our country, and to sign up for changing our energy you will see that North Dakota is en- economy. Mr. DURBIN. Mr. President, notwith- tirely green. The green represents the The third area, of course, is edu- standing the pendency of H.R. 1388, I flood warning areas in our country. We cation. I wouldn’t be here today with- ask unanimous consent that it be in out it. Most of us have profited from order for the Senate to consider the have an entire State under a flood education that has given us chances we following amendments and that, where watch. The headline in our State today is never dreamed of. President Obama can applicable, the amendments be modi- ‘‘Blizzard Blasts The State.’’ We have a tell that story personally and many fied with the changes at the desk; that raging blizzard that has gone on now others can as well. His investment in the amendments be agreed to, as modi- for the last day and a half. It has education is to make sure we have bet- fied, where applicable, and that the closed the interstate highways. We ter teachers, better classrooms, new li- motions to reconsider be laid upon the braries, laboratories, buildings that table en bloc: amendment No. 691 and have had up to 18 inches of snow in will service us in the 21st century. amendment No. 712; that amendments some areas, and then we have unbeliev- These are investments that will pay off Nos. 695 and 696 be called up for consid- able flooding threats up and down the for a long time to come as our kids get eration, and that each amendment be Red River and the Red River Valley of the education they need to compete in modified with the changes at the desk; North Dakota. Now we have an urgent the 21st century. that the amendments, as modified, be flood threat that exists in Bismarck, We will hear a lot about the budget agreed to and the motions to recon- ND, as I speak. debate next week. There will be a ton sider be laid upon the table en bloc. I think it would probably be helpful of amendments. There always have The PRESIDING OFFICER. Without just to show a few of the scenes. This is been. Everybody has their favorite objection, it is so ordered. piling sandbags. They have had nearly issue, their favorite amendment. But The amendments (Nos. 691 and 712) 3 million sandbags filled in a very short when it gets down to the bottom line, were agreed to. period of time with college and high the question is what that budget will Mr. DURBIN. Mr. President, I ask school students and National Guard say about who we are and what we that amendments Nos. 695 and 696 be and others in the Red River Valley fill- value. President Obama has proposed a reported. ing sandbags. As I said, 3 million sand- budget that will make critical invest- The PRESIDING OFFICER. The bags in a very short period of time. This is the North Dakota National ments in our Nation’s highest prior- clerk will report. Guard filling sandbags inside the Bis- ities at a time when America needs The legislative clerk read as follows: them more than ever. This budget marck Civic Center. Just in the last 24 The Senator from Illinois [Mr. DURBIN], for hours we have seen a threat to the cap- would provide a little bit of help to Mr. BURR, proposes amendments numbered hard-working families who desperately 695 and 696, as modified. ital city—a very significant threat— and that threat is described in this need it: tax cuts, as long as we pay for The amendments are as follows: them, education assistance, health photograph. This photograph shows AMENDMENT NO. 695, AS MODIFIED care, and alternative energy invest- what is called an ice jam. There are ments. That is what this budget is all (Purpose: To provide for outreach to high two ice jams at this point on the Mis- schools with low graduation rates) about. The budget restores fairness, re- souri River and the Knife River that establishes responsibility. On page 19, line 22, strike ‘‘identified for flows into the Missouri River. This Incidentally, we are finally going to school improvement under title 1’’ and insert shows an ice jam. As I speak, they are ‘‘not making adequate yearly progress for trying with explosives to deal with this put in this budget the real cost of Iraq two or more consecutive years under section and Afghanistan. For 8 years the Re- 1111.’’ ice jam. There are two ice jams, and if publican administration ignored it, this happens in the wrong way, and one AMENDMENT NO. 696, AS MODIFIED wouldn’t count it, said it was some ice jam gives at the wrong time, we (Purpose: To clarify references to high will see the entire south side of the mystery emergency spending. We know school graduation rates) better. This budget is more honest. capital city of Bismarck, ND, with a We also realize to make smart invest- On page 49, line 15, insert ‘‘(as defined in substantial amount of water. section 1111(b)(2)(C)(vi) of the Elementary Evacuations are underway as I speak ments—and this budget will make a and Secondary Education Act of 1965 (20 lasting impact on our country by im- U.S.C. 6311(b)(2)(C)(vi)) and as clarified in ap- in portions of that city. The mayor and proving our economy, that will benefit plicable regulations promulgated by the De- the Governor and others, the Corps of our children and grandchildren for partment of Education’’ after ‘‘graduation Engineers, virtually everyone is in- many years to come. rate’’. volved, and this is a very significant

VerDate Mar 15 2010 12:05 Aug 01, 2011 Jkt 079102 PO 00000 Frm 00039 Fmt 0686 Sfmt 0634 E:\BR09\S25MR9.001 S25MR9 erowe on DSK5CLS3C1PROD with BOUND RECORD 8542 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 7 March 25, 2009 flood threat that just really in the last of experience fighting flood waters. My home state of Nevada is home to 24 to 48 hours has developed as a result The mayor and others have done an ex- one of the most vibrant Greek commu- of significant ice jams. traordinary job over the years. They nities in the United States, and I am This is a city that has not had sub- are building earthen dikes, filling sand- pleased to join in celebration with my stantial flood threats since the dam bags, doing all they can, in coordina- fellow Nevadans and Greek Americans was built on the Missouri River about tion with FEMA, the Corps of Engi- all around our country on this 188th 60 miles north of Bismarck, ND. But neers, the National Weather Service, anniversary of the independence of these ice jams have completely the North Dakota National Guard, and Greece. changed the calculation and pose a se- others. The political and philosophical leg- rious threat to the city of Bismarck I wanted to simply explain the cir- acy of ancient Greece is the very cor- today. There is a great deal of work cumstances of why we met with the nerstone upon which our great experi- going on in the city. I say to all of President today, spoke with the Sec- ment in American democracy rests, them how much we admire the work retary of Homeland Security yester- and the United States and Greece share they are doing. They are heroes. There day, and why it is important. The a proud history of cooperation and are so many in the military and volun- President, by the way, said, as Presi- friendship. Our two countries joined to- teers who are filling sandbags and dent Clinton did when Grand Fork was gether as allies in every major inter- doing the work that is necessary to evacuated, that the point is, in these national conflict throughout the 20th fight that flood. circumstances you are not alone. This century, and the valiant contribution The Red River Valley flood—this is Government of ours—at the city, of the Greeks to the Allied effort in volunteers in the Fargodome filling State, and Federal levels—brings to a World War II in particular cannot be sandbags. As I said, several million flood fight a substantial amount of ca- understated. have now been filled. It appears that pability and expertise and people who Today, Greek Americans join to- this flood could very well top the esti- know what they are doing. Added to gether in celebrations both religious mates of the 1997 flood. In 1997, in the that, the volunteers from all over our and secular, as Greek Independence Red River Valley, Grand Forks, ND, a communities have done an extraor- Day coincides with the Greek Orthodox community, then, of about 45,000 to dinary job. Church’s celebration of the Festival of 50,000 people was completely evacuated. I spoke this morning to a person who the Annunciation. As families gather I rode down the streets of Grand Forks runs what was formerly called the to honor their Hellenic heritage with in a boat in a community that was Crippled Children’s School in James- festive parades, prominent displays of completely evacuated. In the middle of town, ND, which has been called in re- the Greek flag, and preparation of tra- that flood, the center part of that cent years the Ann Carlson School. ditional foods, I invite my fellow downtown city caught on fire, and we Disadvantaged circumstances exist for United States Senators to join me in had the spectacle of firefighters in the the children in that school, who, when congratulating the Greek Americans middle of a flood trying to fight a fire a flood comes, are not as mobile as oth- who have so enriched our country with in a downtown area that had been com- ers. They had to evacuate the Ann their many contributions. pletely evacuated. Carlson School yesterday. I think there Earlier this week, I was pleased to This is the Red River Valley. It is were 60 to 70 children there who live in support Senate Resolution 82, which completely flat, as flat as a table top. that school. They had to be evacuated. passed the Senate by unanimous con- You can’t see a hill in any direction. Again, these are kids with a lot of sent, and recognizes the 188th anniver- So because of unprecedented amounts needs. They had 75 young student ath- sary of the independence of Greece and of moisture—snowfall and rainfall—and letes show up from the high schools celebrates Greek and American democ- because all of that occurred on top of and colleges, and in 4 hours they evacu- racy. The strong partnership between ground that last fall, when it froze up ated that school. They had to take the the United States and Greece has pros- was completely saturated, we now see, beds and all of the special equipment pered for nearly two centuries, and I once again, the threat of record levels those children need. In 4 hours, all look forward to many more years of of flooding. those young athletes did that. The fel- friendship between our countries. This is sandbagging outside of Fargo low who runs that school told me it Ms. SNOWE. Mr. President, today homes in the last day or two. was extraordinary to see how many marks a truly cherished day for the This is flooding in Beulah, ND. showed up to say: Let us help you. So Greek people, Greek-Americans and for This is 70 to 80 miles north and west there is a lot going on. all the friends of Greece around the of Bismarck, ND. I am going to travel to both the Red globe. It is the 188th anniversary of the This is a feed lot in Mandan, ND. You River Valley and to Bismarck. I want- day in 1821 when the people of Greece can’t see any feed, and you can’t see a ed my colleagues to understand the cir- declared independence from the Otto- lot. cumstances. Again, to put the first man Empire, signaling the beginning of All you can see is water. This is a chart back up, you will see that to- the end of centuries of political, reli- flooded yard in Fargo, ND. This is the day’s NOAA estimate of our country gious, and cultural repression of their outskirts of Watford City, ND, which is shows that our entire State is under a proud and ancient culture. It took a 175 miles away from Bismarck. This is flood threat. It has been an extraor- further 8 years of heroic struggle be- what the Jamestown Airport runway dinary winter. Even as we have this fore Greece secured its full independ- looks like. threat, there is a raging blizzard that ence. The point is that we face a very seri- is shutting down interstate highways Americans have long recognized that ous threat. The urgent threat at the in our State and is dropping as much as the ideals which guided our own strug- moment is in Bismarck, with the deter- 18 inches of snow. It has been a tough gle for independence—liberty, democ- mination to try to solve the problem time. racy, and human dignity—were also with these ice jams to prevent substan- North Dakotans are pretty resilient the foundation for Greece’s declaration tial flooding in the capital city. Our people. We will get through this. I of sovereignty. The United States and thoughts and prayers are certainly wanted to tell my colleagues about this Greece were thus destined to become with the folks who are there today try- and about why I met with the Presi- not only faithful allies but close ing to do that. dent. friends. Nearly two centuries after the In the Red River Valley—I will be f rebirth of Greek independence, our two there tomorrow and, hopefully, in Bis- nations and their citizens are bound by marck tomorrow night—the crest is ex- 188TH ANNIVERSARY OF GREEK ever-strengthening bonds which link us pected in Fargo, ND, on Saturday. Our INDEPENDENCE through both a shared heritage of hope is that the flood fight that is oc- Mr. REID. Mr. President, I rise today democratic values and a modern align- curring there goes well. Fargo has a lot to recognize Greek Independence Day. ment of strategic interests.

VerDate Mar 15 2010 12:05 Aug 01, 2011 Jkt 079102 PO 00000 Frm 00040 Fmt 0686 Sfmt 0634 E:\BR09\S25MR9.001 S25MR9 erowe on DSK5CLS3C1PROD with BOUND RECORD March 25, 2009 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 7 8543 Just as there is much to celebrate in until his retirement from the armed ing’s many shortcomings, the time has the 188 years of modern Greece’s inde- forces in 1930. come for us to pay them back for their pendence, there are many challenges The Order of St. Michael uses the hard work and dedication. With traffic which it faces in the 21st century. On- story of St. Michael defeating the drag- on the rise and the need for emergency going provocations by Turkey in the on to exemplify the bravery and gal- services in the area growing, the Fire Aegean and irredentist actions by the lantry associated with the aviation sol- District needs to move to a true fire Former Yugoslav Republic of Mac- dier and the boldness and swiftness of station and this bill will finally help edonia thwart Greece’s quest for a sta- aviation on the battlefield. Edward them do that. ble southeastern Europe free of past Ward was a true Kentuckian and an Second, the Ice Age Floods National centuries’ often cataclysmic territorial American hero who epitomizes the her- Geologic Trail Designation Act is in- adventurism. Ankara’s continuing per- oism and courage told in this story. He cluded in this bill. secution of the Ecumenical Patri- was a prime example of the brave and Since 2001, I have been working with archate of Constantinople—the leader dedicated soldiers that make our mili- communities in Central and Eastern of Greek Orthodox Christians around tary the best in the world. Washington, the National Park Serv- ice, and community stakeholders to the world—and illegal occupation of Mr. President, I ask my colleagues to create an Ice Age Floods National Geo- the north of Cyprus remain an out- join with me in recognizing 1LT Ed- logic Trail through portions of Wash- rageous affront not only to Hellenes ward R. Ward’s dedication to our mili- tary and our country. ington, Oregon, Idaho, and Montana. but to people everywhere who believe Visitors to the trail will not only in human rights. f provide an important economic boost Therefore, on this anniversary of OMNIBUS PUBLIC LAND to central and eastern Washington Greek independence, let us not only MANAGEMENT ACT communities, but they will learn about celebrate and congratulate our friends Ms. CANTWELL. Mr. President, an amazing, and often overlooked, part in Greece but also rededicate ourselves of our region’s history. to strengthening the relationship that today, Congress can be very proud of a very significant accomplishment. You see, most people don’t know that exists between our two great nations, during the last Ice Age, when a glacial so as to defend its foundational prin- Because today, Congress stood up for the enjoyment and protection of some lake in Montana formed and deepened ciples and ensure its vitality in the enough, the sheer force of the backed centuries to come. of our nation’s most pristine and breathtaking wilderness areas, histor- up water undermined the glacial ice- f ical sites, national parks, forests, dam. And, the ice gave way in a crack- ing explosion. TRIBUTE TO EDWARD R. WARD trails, scenic rivers, and oceans. This The huge lake, bigger than all the Mr. MCCONNELL. Mr. President, I bill will help our country address the rivers of the world today combined, rise today to pay tribute to a member impacts of climate change on our was released all at once and carved its of our Armed Forces from my home coastal areas, and provide educational way through the Pacific Northwest. State of Kentucky, 1LT Edward R. opportunities for our Nation’s children. This changed the region’s geography. ‘‘Eddie’’ Ward, who is being inducted Today, the U.S. House of Representa- But these cataclysmic floods have been posthumously into the U.S. Army tives will pass the Omnibus Public a story that’s gone largely untold. Be- Aviation Association of America’s Land Management Act of 2009 one of cause of this bill, more people will Order of Saint Michael. the most sweeping conservation bills know this important part of Pacific Established in 1900, the Order of St. that Congress has passed in many Northwest history. Michael recognizes individuals who years. Third, this package includes my Pa- have contributed significantly to the It is a huge victory for the genera- cific Northwest National Scenic Trail promotion of Army aviation. Those se- tions of Americans who enjoy these Act. lected have demonstrated the stand- sites each year. The Pacific Northwest Trail runs ards of integrity and moral character, It is a huge victory for our American from the Continental Divide to the Pa- displayed an outstanding degree of pro- heritage. cific Coast, is 1,200 miles long, and is And, it is a huge victory for Wash- fessional competence, and served the one of the most pristine and breath- ington State. taking trails in the world. U.S. Army aviation or civilian aviation This bill has been through many community with distinction. There are This carefully chosen path runs twists and turns over the last year. through the Rocky Mountains, Selkirk three levels of the Order of St. Mi- But today’s successful vote could not chael—Bronze, Silver, and Gold. First Mountains, Pasayten Wilderness, have been possible without the tenac- North Cascades, Olympic Mountains, Lieutenant Ward is receiving Gold, the ity and dedication of Majority Leader top level, which is awarded when an in- and Wilderness Coast. REID. From beginning to end it passes dividual exhibits the highest values of I thank the majority leader for his through three states. It crosses three honesty and ethical character. steadfast support and dedication to National Parks. And it winds through Ward first enlisted in the Army in seeing that these important public land seven National Forests. 1901 at the age of 19. Six years later, at and ocean priorities became law. Finally, this trail will receive the the age of 25, he was assigned by the Today, I would like to highlight some designation is deserves. signal officer of the Army to take of the provisions in this bill that I am This package also includes my charge of ‘‘. . . all matters pertaining especially pleased to see go to the Wildland Firefighter Safety legisla- to military ballooning, air machines, President’s desk. tion. and all kindred subjects.’’ Ward be- First, this package includes the Wildland firefighting and the safety came the first noncommissioned officer Snoqualmie Pass Land Conveyance of wildland firefighters is vitally im- of the enlisted nucleus that eventually Act, which I sponsored. This bill would portant to our brave men and women evolved into the present-day Aviation transfer an acre and a half of Forest who battle these blazes, and for the Branch of the Army. Service land to the Snoqualmie Pass communities that depend on them. His career was comprised of a great Fire District to help them build a new This legislation will improve account- deal of leadership. He headed the team fire station. ability and transparency in wildland that uncrated and prepared the Wright For decades, the Fire District has firefighter safety training programs. aircraft for military trials at Fort been leasing its current site from the Through training and certification Omaha. He also served at several air Forest Service. They operate out of an we can lower the risk to the brave men schools including Fort Omaha and the aging building that was not designed to and women who protect our forests and Philippines Air School. However the be a fire station. communities. It’s critical that Con- majority of his career was spent in the While they have been able to serve gress is actively engaged to make sure Aeronautic Branch of the Signal Corps their community despite this build- this happens.

VerDate Mar 15 2010 12:05 Aug 01, 2011 Jkt 079102 PO 00000 Frm 00041 Fmt 0686 Sfmt 0634 E:\BR09\S25MR9.001 S25MR9 erowe on DSK5CLS3C1PROD with BOUND RECORD 8544 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 7 March 25, 2009 I would also like to mention the IMCO, of the European Parliament ap- ‘‘It’s highly significant,’’ Rebecca three provisions in this package aimed proved a prohibition on trade in seal Aldworth, director of Humane Society Inter- and conserving and protecting our na- products in the European Union. This national in Canada, said of the political de- measure may now be considered by the velopments. ‘‘It shows that world opinion is tion’s oceans and the communities that moving away from commercial seal hunting. depend on them. full European Parliament in the com- There’s hope on the horizon that this may be This is particularly important in ing months. the last year that we ever have to witness these days of economic turmoil, as mil- Yet, in Canada, the largest commer- this cruelty.’’ lions of Americans depend directly and cial slaughter of marine mammals in In Russia, where the number of new pups indirectly on healthy oceans and the world continues. According to the has dropped sharply in recent years because coasts. Humane Society of the United States, of the hunts as well as shrinking ice in the Also, as our climate changes, we HSUS, over one million seals have been White Sea, the government initially an- killed over the past 4 years. In Canada, nounced a ban on the killing of the very must work to address some of the youngest and most highly prized seals, issues that have the potential to affect seal pups as young as 12 days old can known as ‘‘whitecoats.’’ The seals shed the millions of jobs. legally be killed. The vast majority of white fur in about two weeks, with the re- That is why I was thankful that Ma- seals killed in these hunts are between sulting silver coat also coveted. jority Leader REID included several 12 days and 12 weeks of age. But the government announced in unspar- provisions in this package that address Canada has officially opened another ing language that it intended to extend the our oceans. seal hunting season, paving the way for ban to include all seals less than a year old. hundreds of thousands of baby seals to (While adult seals are also hunted in smaller I am particularly thrilled about the quantities, their coarse, scarred fur is gen- Federal Ocean Acidification Research be killed for their fur in the coming weeks, when the harp seal hunt begins erally not used in clothing.) The move, pub- and Monitoring Act. licly backed by Prime Minister Vladimir V. The world’s oceans are absorbing in earnest. I am pleased to have been Putin and coming just weeks before the roughly 22 million tons of carbon diox- joined by Senator COLLINS in submit- hunting season was to begin, could save as ide every day, causing seawater chem- ting this resolution that urges the Gov- many as 35,000 seals, according to a spokes- istry to become more acidic possibly ernment of Canada to end this sense- man for the International Fund for Animal withholding the basic chemical build- less and inhumane slaughter. Welfare. The Associated Press quoted the natural ing blocks needed by many marine or- The U.S. Government has opposed this senseless slaughter, as noted in resources minister, Yuri Trutnev, as saying ganisms. in a statement: ‘‘The bloody sight of the This act creates a comprehensive na- the January 19, 2005, letter from the U.S. Department of State, in response hunting of seals, the slaughter of these de- tional ocean acidification research and fenseless animals, which you cannot even monitoring program that will take a to a letter Senator COLLINS and I wrote call a real hunt, is banned in our country, to President Bush, urging him to raise hard look at the devastating impacts just as well as in most developed countries, this issue during his November 30, 2004, greenhouse gas emissions are having on and this is a serious step to protect the bio- visit with Canadian Prime Minister our oceans. diversity of the Russian Federation.’’ Paul Martin. The letter reads, in part, Masha Vorontsova, the head of the Inter- All of this could not have been ac- as follows: ‘‘The United States has national Fund for Animal Welfare in Russia complished without the strong support made known to the Government of and a biologist who has been pushing for a and hard work and dedication of the Canada its objections and the objec- ban since the fall of the Soviet Union, cred- majority leader and I thank the leader ited an outpouring of public support for end- tions of concerned American legisla- for successfully moving these prior- ing the hunt. ‘‘It’s a fantastic achievement,’’ tors and citizens to the Canadian com- ities. she said. mercial seal hunt on numerous occa- In contrast, Gail Shea, Canada’s Minister Today is a proud day for Congress, sions over recent years. The United of Fisheries and Oceans, did little to disguise for Washington State, for our world’s States has also opposed Canada’s ef- her frustration at moves taking aim at the ocean and marine environments, and forts within the Arctic Council to pro- industry both abroad and at home, which she for some of the most breathtaking mote trade in sealskins and other ma- attributed to ‘‘mistruths and propaganda’’ spread by special interest groups. ‘‘For some views and important legacies this Na- rine mammal products.’’ tion has to offer. reason the European Union will not recog- Mr. President, I ask unanimous con- nize what the actual facts are because it’s an Because the steps we have taken in sent the New York Times article of this package will protect our lands, our emotional issue and a political issue,’’ she March 19, 2009, entitled ‘‘Russia to Ban said in an interview. coastal areas, and our first responders. Hunting Baby Seals’’ be printed in the Ms. Shea, who earlier flew to Europe to f RECORD, as follows: lobby against a European Union ban, warned UNNECESARY KILLING OF BABY There being no objection, the letter that such a move could violate international was ordered to be printed in the trade law. An industry spokesman said that SEALS nearly all Canadian seal products passed RECORD, as follows: Mr. LEVIN. Mr. President, yesterday through Europe on their way to major con- RUSSIA TO BAN HUNTING OF BABY SEALS Senator COLLINS and I submitted Sen- sumers like Norway, Russia and China. It is (By A.G. Sulzberger, Mar. 19, 2009) ate Resolution 84, urging the Govern- unclear whether Russia will also ban the im- Russia announced on Wednesday that it port and sale of seal products. ment of Canada to end the senseless would ban the hunting of baby seals, effec- Commercial sealing also takes place in a and inhumane slaughter of seals off the tively shutting one of the world’s largest handful of other counties, including Norway, east coast of Canada. hunting grounds in the controversial trade Greenland and Namibia. In Canada, last To reiterate, on March 18, 2009, just in seal fur. year’s catch of 207,000 seals—or roughly one weeks before its hunting season was The decision is yet another blow to an age- in every five pups born that year—earned the scheduled to begin, Russia announced old industry that has been losing a public re- roughly 6,000 licensed sealers a total of $7 that it would ban the hunting and kill- lations battle in recent years to animal- million, down from $33 million in 2006, ac- ing of baby seals. Youri Trutnev, Rus- rights groups, who have gained public sup- cording to Phil Jenkins, a spokesman for the port by using stark photographs of harp seal Canadian fisheries department. The hunting sia’s Minister of Natural Resources, pups less than a month old being clubbed to decreased, he said, largely because of a sharp who was quoted in the New York Times death on blood-stained ice flows. drop in prices for the pelts, from $97 to $33, last week, graphically depicted the In addition, the European Union is consid- for a perfect specimen. Seals are killed by shameful practice, saying: ‘‘The bloody ering a ban of all seal products—similar to rifle or by club. sight of the hunting of seals, the one that the United States adopted decades The harp seal population level has held slaughter of these defenseless animals, ago—which would eliminate a key trade steady at about 5.6 million for the last dec- which you cannot even call a real hunt, route and end market for the furs. And even ade, he said, but anti-sealing groups contest in Canada, where the world’s largest seal that figure. is banned in our country, just as well hunt is scheduled to begin later this month However, the Canadian industry came as in most developed countries.’’ and top leaders vigorously defend the indus- under rare official scrutiny last week, when In addition, the Internal Markets and try, a legislator for the first time introduced Mac Harb, a senator from Ontario, intro- Consumer Protection Committee, a proposal to curtail sealing. duced the legislation to cancel the coming

VerDate Mar 15 2010 12:05 Aug 01, 2011 Jkt 079102 PO 00000 Frm 00042 Fmt 0686 Sfmt 0634 E:\BR09\S25MR9.001 S25MR9 erowe on DSK5CLS3C1PROD with BOUND RECORD March 25, 2009 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 7 8545 hunt. He argued that the industry was dying, aviation fuels, which must cease to exist in other or the White House. It is time to put propped up by public tax dollars and costing 2010. It has a higher octane rating (about aside partisan bickering and seek for bipar- Canada international good will. But his pro- 104); has more energy per gallon, which re- tisan solutions. OPEC is creating a false sup- posal died when Mr. Harb could not get an- sults in a 15–20 percent increase in fuel effi- ply shortage due to lack of daily production. other member to second his motion. ciency; can be run on existing engines with- Oil companies must share the blame. ‘‘There was silence. Total silence!’’ he said out modification; can be stored in the same Refineries are creating a false supply in a telephone interview on Wednesday. ‘‘I tanks and shipped in the same pipelines as shortage by not producing to their capacity. was amazed that not one of my colleagues, gasoline; and since it is a biomass, has a net They post record profits but do nothing to from any one of the political parties, would 0 carbon footprint on the environment. Oh, increase refinery capacity or build new refin- even want to debate the issue.’’ the ethanol used to make it—it is not pro- eries. Oil production in the United States can and must increase. f duced from corn. It is produced from sor- ghum which produces six times more ethanol Conservation by the American people is a must. A change in my driving habits has re- IDAHOANS SPEAK OUT ON HIGH than corn, per acre. No higher food costs sulted in a 3 miles per gallon increase. I ENERGY PRICES from the production of its ethanol. Cur- drive twenty miles a day to and from work. rently, SwiftFuel costs about $1.80 to Mr. CRAPO. Mr. President, in mid- One road posts 65 mph. I drive 55 mph. I coast produce, and we can make it right here, in June, I asked Idahoans to share with up to stop signs where safely possible. Where the good ol’ U. S. of A. me how high energy prices are affect- safely possible, I drive 55 miles per hour in- Obviously, this is just one article, and one stead of 65, or 65 instead of 75. One can only ing their lives, and they responded by side. But if most of what this article claims the hundreds. The stories, numbering imagine what would happen if every driver in is true, this could be a very viable, quick America would increase their miles per gal- well over 1,200, are heartbreaking and remedy to breaking our addiction to oil. Ev- lon by changing driving habits. touching. While energy prices have eryone could benefit from it immediately, Demand would definitely decrease which dropped in recent weeks, the concerns without having to buy new cars, or paying should have a positive effect on supply. But, expressed remain very relevant. To re- for expensive modifications. I think it de- unfortunately, the American people will not spect the efforts of those who took the serves a very serious look from the Govern- conserve on their own. The congress must ment, and I hope you will encourage other opportunity to share their thoughts, I force conservation. During the early 1970s, lawmakers to look into it. America faced an oil crisis. One of the meas- am submitting every e-mail sent to me If it makes it to our local pumps, my Da- ures the government instituted was lowering through an address set up specifically kota can come out of the garage and play. the speed limit to 55 miles per hour. Not only for this purpose to the CONGRESSIONAL JARED. did this action reduce demand, it saved lives. RECORD. This is not an issue that will This seems to be an inexpensive option. The be easily resolved, but it is one that de- Thank you for all you are doing to keep only cost to the government, as I see it, is in serves immediate and serious atten- energy prices, costs, and options open. putting up new speed limit signs. tion, and Idahoans deserve to be heard. Our family is spread all over the country The interesting thing to me is that the because we gave them wings to fly. Giving American public have driven one billion Their stories not only detail their them independence sometimes means higher miles less this year compared to last year, struggles to meet everyday expenses, costs for visits. When my husband and I mar- yet the price of gas continues to rise. It but also have suggestions and rec- ried in 1967, the Viet Nam War was the coun- makes one wonder what kind of coalition has ommendations as to what Congress can tries overseas involvement. Since then so be created to keep supply down and prices up do now to tackle this problem and find many, many more overseas events have af- in spite of the minimal conservation efforts solutions that last beyond today. I ask fected our society. of the American people. Does anything the unanimous consent to have today’s let- Being part of a world economy is a chal- American people say really carry any weight lenge. I think our country will be challenged with our government? ters printed in the RECORD. beyond our wildest dreams and people from I know that this is a complex problem. There being no objection, the mate- all over the world will be meeting our expec- Some stop-gap measures need to be put in rial was ordered to be printed in the tations of being like us. That is not all good. place while long-term solutions are reached. RECORD, as follows: One of the things is energy and high cost of Now would be a good time for Congress to I am a Meridian resident, who works in traveling. Staying close to home will be the step up to the plate and hit a grand slam to Boise, an 8-mile commute for me. I own a only option for most people in our world and win the game for the American people. 2003 Dodge Dakota, and it was my commuter probably not a bad thing. R. vehicle until a couple months back. It has a I would hope that other energy options will Thank you for the opportunity to share my fuel capacity of 23 gallons. Before I stopped finally come out and be fully embraced by concern about the rising energy costs in our driving my truck, it was costing me about the government with incentives and with fi- country. I have a 2001 Toyota Camry and $160 per month in gas . . . just for me to get nancial responsibilities that all Americans when I first bought the car it cost between to and from work—8 miles away. That is be- can understand and live with. $12 and $15 to fill the tank. Last Friday I fore gas went over $4/gallon. The reason I do We will need another post World War II plan of some sort to put people to work, give filled it and it was $56.03! From $15 to $56, not have to drive my truck anymore, is be- and the news says the price of gas is still ris- them self esteem to continue to work things cause my wife got a new job in Boise, a mile ing! out. from my workplace, and we are now able to In the past, whenever something was to- carpool together in her car, a 2003 Mazda 6. With our medical crisis, overseas wars, and tally out of control in our country, we could Previously, she worked in Meridian, just a societal morality issues we face a time of count on our leaders to do something about couple miles from our home. My wife hates great challenge! it. Gas prices have gone up before (but never driving the truck, which is why I drove it, I hope that you and others in Washington to this extent) and then came back down? I instead of her. will take the time off and spend time at always felt safe and secure in the United Since my wife got her new job nearly two home and have smaller salaries so we as States but now things seem to be totally out months ago, my truck has just sat in the ga- Americans can have examples of sacrifice of control. Where are our leaders/Senate? rage. I filled it up 6-8 weeks ago—and it still and fiscal responsibly. What are they doing to help us? With the ex- has the same full tank of gas. It hasn’t Thank you for your service to our state tremely high gas prices everything else is moved an inch. How can I afford to move it, and our country. I look forward to the next going up, too. So much so that we all are when it only gets 12-16 mpg, and gas is now four years and hopefully we will have a more being forced to cut back everywhere else— hovering between $4.10–$4.15 a gallon? If I responsible White House and legislative ses- even in critical areas such as food and/or was still driving my truck to work, it would sions! medicine. Living in Idaho does not give me now be costing about $200 a month just to NANCY. an option on not driving my car to work and commute back and forth to work. Ridicu- I have to work in order to survive. I do not lous. So my truck sits and waits for some- As you have heard from many sources, the want to quit work and be supported by wel- thing to cause fuel prices to go down. high energy costs are providing difficult fare, or any other assistance, simply because Now for the possible solution I read about choices: food or gas, rent or gas, mortgage or I cannot get to work. I am disabled and can- the other day. SwiftFuel: I saw a blurb on it gas, utilities or gas, medicine or gas, etc. I not ride a bicycle to work (which will not on the website, http://slashdot.org, which had just read the results of a survey that indi- work in Idaho during the winter, either). a link to a full article by Robert X. Cringly cated that 76% of respondents say that the After a horrific divorce, I struggled many, on PBS’ website. Basically, SwiftFuel is country is headed the wrong way. This is not many years as a single woman to get my feet made from ethanol, but contains no ethanol. only a White House issue. This is a White on the ground and be self-sufficient. It terri- It is currently being tested by the FAA as a House and Congress issue. All I see reported fies me to think that security can easily be replacement fuel for the current lead based is finger pointing; one party blaming the taken away from me

VerDate Mar 15 2010 12:05 Aug 01, 2011 Jkt 079102 PO 00000 Frm 00043 Fmt 0686 Sfmt 0634 E:\BR09\S25MR9.001 S25MR9 erowe on DSK5CLS3C1PROD with BOUND RECORD 8546 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 7 March 25, 2009 Where in the world did the United States Thank you for your interest in our story. impacted Idahoans lives. I want to tell you ever get the notion we could be dependent on GARY and JANA. how mine has been changed. I work at the foreign countries for energy? That is abso- INL (Idaho National Laboratory) for the CCP lutely ridiculous! We are supposed to be the The increase in prices caused by an in- (Central Characterization Project) on the leader of the free world, not depending on crease in demand is not a valid cause for in- ICP (Idaho Cleanup Project). I tried riding other countries to survive. We have re- creasing the pressure put on the environ- the bus service that the site has provided for sources on our own soil so why are we not ment by our society’s increasing demand for decades. At the end of last year, the fuel using them? What is happening with the re- high quality energy. The price increase is a prices prompted a change in the cost of a bus serve oil? As the Senate, I implore you to result of capitalism—imagine that, the U.S. pass from approx $11 a week—more than dou- please do something to stop the rising gas has promoted a change in world economy to bling (I believe) to almost $23 a week. I no prices and get them lowered again! be more like ours and it has worked. More longer ride the bus but ride with a co-worker CONNIE, Post Falls. demand translates to higher prices. The who has been forced to drive because it is stock brokers are now speculating on energy cheaper for he and his wife who both work on I am a non-traditional student at BSU. I futurs. the ICP to drive than to ride the bus. He is depend on grants and loans to attend college So the solution is efficiency. Start car- gracious and insists that I do not pay my and only work part-time as a tutor on cam- pooling. The demand could be reduced if peo- share of fuel costs or the maintenance on his pus. I live relatively close to campus so I can ple rode together to work and school in their car. I have filled the car’s fuel tank twice, walk or take the bus if need be, but so far I current vehicles. As new vehicles are pur- and each time I was caught off guard by my have not had to. The real story I wanted to chased, energy efficient machines could be upset wife telling me that the lack of that share is why I am not bothered with the ris- purchased instead of the CAFE loop-hole money was going to cut down on food and ing prices of gas as much as everyone else SUVs that the current federal government other things that we have necessity for in seems to be. still subsidizes. Also the speed limit could be our home. I have been very blessed by the I was in the US Army from 1968 to 1972 and reduced. Yes, all the machines on the free- hands of God in which our country and state served in Germany from the fall of 1968 to ways are more efficient at lower speeds. It is reside. My family has never gone hungry, but the spring of 1970. Gas prices in Germany, at just physics. Then reduce the need for energy I truly have to hope now that we never will. that time, after converting from the old by reducing the demand for AC and Heating If there can be a way to improve the value of Mark to US dollars, were about $3.65 a gal- because of the unrealistic size of homes. the dollar, to lower the price in gas (or even lon. We have been very fortunate to have Start programs to subsidize development of maintain it at the ridiculous price that it is cheap prices for as long as we have. Now it is solar electric to AC systems in the sunbelt of currently at), then myself and many other our turn to pay up. the U.S. Such a program would significantly Idahoans and Americans would be greatly I would say to Congress: Shame on you for reduce the electric grid demand. appreciative. I continue to support those not allowing the drilling of more oil reserves The answer to the impact of energy prices who are making wise decisions for the people in those areas of our country that have it, could be altered immediately through con- of the United States, and continue to pray to for you are keeping us dependent upon OPEC servation, not 5 years from now by increases God that he will preserve me and my family and keep us at the mercy of their pocket in exploration. from harder times. DALE, Coeur d’Alene. book needs. I also would ask Congress to se- STEPHAN. riously consider tholium research to replace We are writing to express our complete ex- uranium in our reactors, for it is consider- asperation with the U.S. Congress’ inaction ably more economical, safer for the environ- My husband and I both are retired. We re- on vital energy questions or maybe it is a ment and would go a long way to promote cently bought a Silverado pick-up in Feb- not so subtle attempt to ruin our way of life. anti-proliferation by terrorists. ruary, almost $32,000. Do you think we would We and our neighbors live about 70 miles KERMIT. have bought that had we seen the gas crisis from adequate shopping and medical serv- coming? Heavens no! We were going to buy a ices. We spend about $30 for gasoline for each My husband works in construction. The travel trailer for it to hitch and explore our round trip. Ours is a poor, rural community good news is: He has had job after job out at nation. That thought is completely gone. We where many people have to commute long the nuclear site west of Idaho Falls. The bad have six children, three of whom are married distances to work and whose budgets are news is: Construction workers do not get to with children, with double incomes to make being wrecked by the current cost of gaso- ride the buses. They have to drive out them- ends meet. Now, that is all we can do—make line and diesel fuel. Being a community of selves, unless they are lucky enough to work ends meet. We are all surviving and, thank mostly self-sufficient, hardworking people for a company that carpools their men in a God, we are a resourceful nation. We bought who do not have time to publicly complain company truck. That is not happening right a 32 mpg Chevy, and one son bought a motor- or demonstrate, we seldom have the oppor- now. Gary drives out to work every day. cycle to commute to work, but we just do tunity to be heard. We appreciate your invi- Even with a fuel stipend to offset his gas not go shopping. We are all making it, but tation to let us express our frustrations. groceries and gasoline seem to be taking our purchases each week, we are going in deeper We believe that election year politics is checks. I am worried about the other busi- and deeper because of the rising fuel prices. important but that an issue so vital as en- nesses of our nation who have depended a bit I am sure construction companies can only ergy supplies should be something that our on our incomes. What about them? Start afford to offset just so much for their em- representatives should agree upon. Have we drilling! We are worth more than what we ployees. It will cap out and we will be left reached a point where the elite of our society are being handed by the radical environ- making up the difference. After all, we have are so powerful that the pain felt by every- mentalists. God is the one who selects plants to keep Gary working. For my job, I travel day citizens is of no importance when bal- and animals for extinction, not us. If he the upper Snake River Valley, making visits anced against their idealistic agendas? chooses, they could be gone tomorrow no in the homes of adult clients with develop- I am a retired engineer with adequate re- matter what we do. Start drilling! mental disabilities. I am required by the tirement reserves, and $4 a gallon gasoline VAL. state Medicaid to make these monthly visits. will not bankrupt me. Most of my neighbors I drive a fairly fuel efficient vehicle, but are not so fortunate and will be strapped to again, our miscellaneous expense budget has ever achieve adequate retirement finances if f been hacked by increases expense at the fuel fuel costs and the increased cost of products pump. due to fuel costs are not addressed. The abil- ADDITIONAL STATEMENTS I am so hoping the government will explore ity to save is being destroyed for the average and implement domestic oil production. Get citizen by increased fuel costs. these foreign countries off our backs! They Again, thank you for the opportunity to are grinding the faces of the American cit- state my opinions. I hope that you will do all izen into the pavement. Of course, I am in that is possible for you to do to ease this HONORING HARTLEY’S CHRYSLER favor of expanded nuclear energy research. burden. We are in favor of drilling for oil DODGE JEEP GMC We here in southeast Idaho have grown up both in ANWR and offshore. We are also in with the nuclear site in our backyard. Incen- favor of nuclear energy. It is the fuel of the ∑ Ms. SNOWE. Mr. President, as we tives for conservation may help, but do not future and again we are letting a few loud- heard in testimony before the Senate let too much red tape bind the effectiveness mouthed elitists dictate policy and add to Committee on Small Business and En- of the incentive or companies will not feel it the hardships of the people who make the trepreneurship last week, auto dealer- is worth it. I repeat, the environmentalists country work. ships are struggling to sell cars in this have had their day and now we are suffering KAREN and ROY, Orofino. for it. They need to quiet down and let busi- difficult economy. One of our witnesses ness address the issues of the American fam- I suspect that you have heard quite a few remarked that in a healthy economy, ily trying to survive in the United States. stories about how rising energy costs have auto sales make up approximately 20

VerDate Mar 15 2010 12:05 Aug 01, 2011 Jkt 079102 PO 00000 Frm 00044 Fmt 0686 Sfmt 0634 E:\BR09\S25MR9.001 S25MR9 erowe on DSK5CLS3C1PROD with BOUND RECORD March 25, 2009 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 7 8547 percent of our country’s retail spend- front of the community. Entrepreneurs President of the Senate on March 20, 2009; to ing. Clearly, a healthy automobile in- like Mr. Hartley are striving to ensure the Committee on Agriculture, Nutrition, dustry is critical to our economic suc- that our Nation’s auto dealerships are and Forestry. cess. I rise this week to recognize Hart- here to stay, and we owe them a debt of EC–1094. A communication from the Direc- tor, Regulatory Management Division, Envi- ley Chrysler Dodge Jeep GMC, an out- gratitude. Congratulations to Steven ronmental Protection Agency, transmitting, standing auto dealership from my H. Hartley on his most recent acco- pursuant to law, the report of a rule entitled home State of Maine that has remained lades, and I wish everyone at Hartley’s ‘‘Thymol; Exemption From the Requirement true to its longstanding commitment Chrysler Dodge Jeep GMC a prosperous of a Tolerance’’ (FRL–8404–4) received in the to serving its customers and its com- year.∑ Office of the President of the Senate on March 20, 2009; to the Committee on Agri- munity, regardless of economic condi- f tions. culture, Nutrition, and Forestry. Located in the central Maine town of MESSAGES FROM THE PRESIDENT EC–1095. A communication from the Direc- tor, Regulatory Management Division, Envi- Newport, Hartley’s Chrysler Dodge Messages from the President of the ronmental Protection Agency, transmitting, Jeep GMC is a second-generation fam- United States were communicated to pursuant to law, the report of a rule entitled ily-owned small business. Hartley’s the Senate by Mr. Williams, one of his ‘‘Triethanolamine; Exemption From the Re- opened its doors in 1946, when Perley secretaries. quirement of a Tolerance’’ (FRL–8404–1) re- Hartley began selling used vehicles ceived in the Office of the President of the f from a filling station in the neigh- Senate on March 20, 2009; to the Committee boring town of Corinna. In 1960, the EXECUTIVE MESSAGES REFERRED on Agriculture, Nutrition, and Forestry. dealership started selling new cars, EC–1096. A communication from the Direc- As in executive session the Presiding tor, Regulatory Management Division, Envi- adding Chrysler and Plymouth as its Officer laid before the Senate messages ronmental Protection Agency, transmitting, first automobile lines. from the President of the United pursuant to law, the report of a rule entitled A year after graduating from Eastern States submitting sundry nominations ‘‘Tristyrylphenol Ethoxylates (CAS Reg. No. Maine Community College in the early which were referred to the appropriate 70559–25–0) and (CAS Reg. No. 99734–09–5); Ex- 1970s, Steven H. Hartley, now the com- committees. emption From the Requirement of a Toler- pany’s president, went to work for his (The nominations received today are ance’’ (FRL–8404–7) received in the Office of father in the sales department at Hart- printed at the end of the Senate pro- the President of the Senate on March 20, 2009; to the Committee on Agriculture, Nu- ley Motors in the town of Dexter. He ceedings.) eventually bought the original dealer- trition, and Forestry. f EC–1097. A communication from the Con- ship from his uncle Perley and took gressional Review Coordinator, Animal and over operations in 1983, when he moved EXECUTIVE AND OTHER Plant Health Inspection Service, Department the business to its current location in COMMUNICATIONS of Agriculture, transmitting, pursuant to Newport. Since then, Steven Hartley The following communications were law, the report of a rule entitled ‘‘Tuber- has ensured that the dealership is prof- laid before the Senate, together with culosis in Cattle and Bison; State and Zone itable every year. For the company’s Designations; New Mexico’’ (Docket No. accompanying papers, reports, and doc- APHIS–2008–0124) received in the Office of the dedicated work, Hartley’s received uments, and were referred as indicated: Daimler/Chrysler’s five-star elite deal- President of the Senate on March 23, 2009; to EC–1089. A communication from the Acting the Committee on Agriculture, Nutrition, ership status in 2005, an honor held by Administrator, Rural Utilities Service, De- and Forestry. only two dealerships across Maine. partment of Agriculture, transmitting, pur- EC–1098. A communication from the Acting Mr. Hartley donates his time to pro- suant to law, the report of a rule entitled Under Secretary of Defense (Personnel and moting the well-being of the entire ‘‘General Policies, Types of Loans, Loan Re- Readiness), transmitting, pursuant to law, a auto dealer industry throughout Maine quirements—Telecommunications’’ report relative to demonstration project no- and New England. He is a former direc- (RIN0572–AC13) received in the Office of the tices, amendments, and changes requested by tor of the New England Chrysler Ad As- President of the Senate on March 20, 2009; to the Science and Technology Reinvention sociation, and presently serves as a di- the Committee on Agriculture, Nutrition, Laboratories during calendar year 2008; to rector on the New England Dodge Ad and Forestry. the Committee on Armed Services. EC–1090. A communication from the Direc- EC–1099. A communication from the Vice Association. Mr. Hartley also contrib- tor, Regulatory Management Division, Envi- Chair and First Vice President, Export-Im- utes his time and talents as a Director ronmental Protection Agency, transmitting, port Bank of the United States, transmit- at the Maine Auto Dealers, and a trust- pursuant to law, the report of a rule entitled ting, pursuant to law, a report relative to ee for the Maine Auto Dealers health ‘‘Castor Oil, Ethoxylated, Oleate; Tolerance transactions involving U.S. exports to the and insurance trust. Exemption’’ (FRL–8399–8) received in the Of- United Arab Emirates; to the Committee on In addition to his business and pro- fice of the President of the Senate on March Banking, Housing, and Urban Affairs. fessional accomplishments, Steven 20, 2009; to the Committee on Agriculture, EC–1100. A communication from the Gen- Hartley is a Master Mason and a mem- Nutrition, and Forestry. eral Counsel, National Credit Union Admin- EC–1091. A communication from the Direc- istration, transmitting, pursuant to law, the ber of the Shriners. Additionally, Mr. tor, Regulatory Management Division, Envi- report of a rule entitled ‘‘Accuracy of Adver- Hartley has served for 20 years as a vol- ronmental Protection Agency, transmitting, tising and Notice of Insured Status’’ unteer firefighter for the Corinna Fire pursuant to law, the report of a rule entitled (RIN3133–AD52) received in the Office of the Department, even attaining the rank of ‘‘Dinotefuran; Pesticide Tolerances for President of the Senate on March 24, 2009; to department chief. Late last year, he Emergency Exemptions’’ (FRL–8401–5) re- the Committee on Banking, Housing, and was one of just 49 automobile dealers ceived in the Office of the President of the Urban Affairs. out of more than 19,500 nationwide that Senate on March 20, 2009; to the Committee EC–1101. A communication from the Dep- were nominated for the TIME Magazine on Agriculture, Nutrition, and Forestry. uty General Counsel for Operations, Depart- EC–1092. A communication from the Direc- ment of Housing and Urban Development, Dealer of the Year award. Through this tor, Regulatory Management Division, Envi- transmitting, pursuant to law, the report of nomination, he garnered national rec- ronmental Protection Agency, transmitting, a nomination in the position of Deputy Sec- ognition at the National Automobile pursuant to law, the report of a rule entitled retary; to the Committee on Banking, Hous- Dealers Association Convention and ‘‘Fenpropathrin; Pesticide Tolerances’’ ing, and Urban Affairs. Exposition in January, where he was (FRL–8400–8) received in the Office of the EC–1102. A communication from the Acting honored by TIME and the Goodyear President of the Senate on March 20, 2009; to Assistant Administrator for Fisheries, Na- Tire and Rubber Company for his hon- the Committee on Agriculture, Nutrition, tional Marine Fisheries Service, Department orable community contributions and and Forestry. of Commerce, transmitting, pursuant to law, EC–1093. A communication from the Direc- the report of a rule entitled ‘‘Fisheries Off his service to the auto dealer industry. tor, Regulatory Management Division, Envi- West Coast States; Pacific Coast Groundfish Driving his dealership to a whole new ronmental Protection Agency, transmitting, Fishery; Amendment 15’’ (RIN0648–AW08) re- level of success, Steven Hartley has led pursuant to law, the report of a rule entitled ceived in the Office of the President of the Hartley’s Chrysler Dodge Jeep GMC to ‘‘Propiconazole; Pesticide Tolerances’’ Senate on March 20, 2009; to the Committee the top of the industry and the fore- (FRL–8403–7) received in the Office of the on Commerce, Science, and Transportation.

VerDate Mar 15 2010 12:05 Aug 01, 2011 Jkt 079102 PO 00000 Frm 00045 Fmt 0686 Sfmt 0634 E:\BR09\S25MR9.001 S25MR9 erowe on DSK5CLS3C1PROD with BOUND RECORD 8548 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 7 March 25, 2009 EC–1103. A communication from the Acting EC–1110. A communication from the Chief ergy, Department of Energy, transmitting, Assistant Administrator for Fisheries, Na- of Staff, Media Bureau, Federal Communica- pursuant to law, the report of a rule entitled tional Marine Fisheries Service, Department tions Commission, transmitting, pursuant to ‘‘Procedural Rules for DOE Nuclear Activi- of Commerce, transmitting, pursuant to law, law, the report of a rule entitled ‘‘Implemen- ties’’ (RIN1990-AA30) received in the Office of the report of a rule entitled ‘‘Fisheries of the tation of the DTV Delay Act’’ (MB Docket the President of the Senate on March 23, Northeastern United States; Atlantic Deep- No. 09–17) received in the Office of the Presi- 2009; to the Committee on Energy and Nat- Sea Red Crab Fishery; Emergency Rule’’ dent of the Senate on March 20, 2009; to the ural Resources. (RIN0648–AX61) received in the Office of the Committee on Commerce, Science, and EC–1119. A communication from the Acting President of the Senate on March 20, 2009; to Transportation. Chairman of the Federal Energy Regulatory the Committee on Commerce, Science, and EC–1111. A communication from the Chief Commission, transmitting, pursuant to law, Transportation. of Staff, Media Bureau, Federal Communica- the Commission’s annual report for fiscal EC–1104. A communication from the Acting tions Commission, transmitting, pursuant to year 2008; to the Committee on Energy and Assistant Administrator for Fisheries, Na- law, the report of a rule entitled ‘‘Reexam- Natural Resources. tional Marine Fisheries Service, Department ination of the Comparative Standards for EC–1120. A communication from the Direc- of Commerce, transmitting, pursuant to law, Noncommercial Educational Applicants’’ tor, Regulatory Management Division, Envi- the report of a rule entitled ‘‘Magnuson-Ste- (MM Docket No. 95–31) received in the Office ronmental Protection Agency, transmitting, vens Act Provisions; Fisheries Off West of the President of the Senate on March 20, pursuant to law, the report of a rule entitled Coast States; Pacific Coast Groundfish Fish- 2009; to the Committee on Commerce, ‘‘Hazardous Chemical Reporting; Tier II In- ery; 2009–2010 Biennial Specifications and Science, and Transportation. ventory Information’’ (FRL-8785-3) received Management Measures’’ (RIN0648–AX24) re- EC–1112. A communication from the Senior in the Office of the President of the Senate ceived in the Office of the President of the Legal Advisor, Public Safety and Homeland on March 20, 2009; to the Committee on Envi- Senate on March 20, 2009; to the Committee Security Bureau, Federal Communications ronment and Public Works. on Commerce, Science, and Transportation. Commission, transmitting, pursuant to law, EC–1121. A communication from the Direc- EC–1105. A communication from the Acting the report of a rule entitled ‘‘Improving Pub- tor, Regulatory Management Division, Envi- Director of the Office of Sustainable Fish- lic Safety Communications in the 800 MHz ronmental Protection Agency, transmitting, eries, National Marine Fisheries Service, De- Band; New 800 MHz Band Plan for U.S.-Can- pursuant to law, the report of a rule entitled partment of Commerce, transmitting, pursu- ada Border Regions’’ (WT Docket No. 02–55) ‘‘Approval and Promulgation of Air Quality ant to law, the report of a rule entitled received in the Office of the President of the Implementation Plans: Kentucky; Approval ‘‘Magnuson-Stevens Fishery Conservation Senate on March 23, 2009; to the Committee Section 110(a)(1) Maintenance Plans for the and Management Act Provisions; Fisheries on Commerce, Science, and Transportation. 1997 8-hour ozone standard for the Hun- of the Northeastern United States; North- EC–1113. A communication from the Acting tington-Ashland Area, Lexington Area and east Multispecies Fishery; Reduction of the Director of the Office of Policy, Import Ad- Edmonson County’’ (FRL-8781-5) received in Landing Limit for Eastern Georges Bank Cod ministration, International Trade Adminis- the Office of the President of the Senate on in the U.S./Canada Management Area’’ tration, Department of Commerce, transmit- March 24, 2009; to the Committee on Environ- (RIN0648–XN46) received in the Office of the ting, pursuant to law, the report of a rule en- ment and Public Works. President of the Senate on March 20, 2009; to titled ‘‘Steel Import Monitoring and Anal- EC–1122. A communication from the Direc- the Committee on Commerce, Science, and ysis’’ (RIN0625–AA82) received in the Office tor, Regulatory Management Division, Envi- Transportation. of the President of the Senate on March 23, ronmental Protection Agency, transmitting, EC–1106. A communication from the Acting 2009; to the Committee on Commerce, pursuant to law, the report of a rule entitled Director of the Office of Sustainable Fish- Science, and Transportation. ‘‘Approval and Promulgation of Air Quality eries, National Marine Fisheries Service, De- EC–1114. A communication from the Sec- Implementation Plan; Maryland; Reasonably partment of Commerce, transmitting, pursu- retary of the Federal Trade Commission, Available Control Technology Requirements ant to law, the report of a rule entitled transmitting, pursuant to law, the report of for Volatile Organic Compounds’’ (FRL-8780- ‘‘Fisheries of the Northeastern United a rule entitled ‘‘Rules and Regulations Under 2) received in the Office of the President of States; Summer Flounder Fishery; Quota the Textile Fiber Products Identification the Senate on March 24, 2009; to the Com- Transfer’’ (RIN0648–XN33) received in the Of- Act’’ (16 CFR Part 303) received in the Office mittee on Environment and Public Works. fice of the President of the Senate on March of the President of the Senate on March 23, EC–1123. A communication from the Direc- 20, 2009; to the Committee on Commerce, 2009; to the Committee on Commerce, tor, Regulatory Management Division, Envi- Science, and Transportation. Science, and Transportation. ronmental Protection Agency, transmitting, EC–1107. A communication from the Acting EC–1115. A communication from the Direc- pursuant to law, the report of a rule entitled Director of the Office of Sustainable Fish- tor, Office of Congressional Affairs, Nuclear ‘‘Approval and Promulgation of Air Quality eries, National Marine Fisheries Service, De- Regulatory Commission, transmitting, pur- Implementation Plans; Virginia; Volatile Or- partment of Commerce, transmitting, pursu- suant to law, the report of a rule entitled ganic Compound Reasonably Available Con- ant to law, the report of a rule entitled ‘‘Implementation of a Dose Standard After trol Technology for Reynolds Consumer ‘‘Fisheries of the Exclusive Economic Zone 10,000 Years’’ (RIN3150-AH68) received in the Products Company’’ (FRL-8779-8) received in Off Alaska; Reallocation of Pacific Cod in Office of the President of the Senate on the Office of the President of the Senate on the Bering Sea and Aleutian Islands Manage- March 20, 2009; to the Committee on Energy March 24, 2009; to the Committee on Environ- ment Area’’ (RIN0648–XN69) received in the and Natural Resources. ment and Public Works. Office of the President of the Senate on EC–1116. A communication from the Direc- EC–1124. A communication from the Direc- March 20, 2009; to the Committee on Com- tor, Office of Surface Mining Reclamation tor, Regulatory Management Division, Envi- merce, Science, and Transportation. and Enforcement, Department of the Inte- ronmental Protection Agency, transmitting, EC–1108. A communication from the Acting rior, transmitting, pursuant to law, the re- pursuant to law, the report of a rule entitled Director of the Office of Sustainable Fish- port of a rule entitled ‘‘Pennsylvania Regu- ‘‘Approval and Promulgation of Air Quality eries, National Marine Fisheries Service, De- latory Program’’ ((SATS No. PA-152- Implementation Plans; West Virginia; partment of Commerce, transmitting, pursu- FOR)(Docket No. OSM-2008-0019)) received in Amendments to the Control of Air Pollution ant to law, the report of a rule entitled the Office of the President of the Senate on from Combustion of Refuse’’ (FRL-8782-2) re- ‘‘Fisheries of the Exclusive Economic Zone March 20, 2009; to the Committee on Energy ceived in the Office of the President of the Off Alaska; Pollock in Statistical Area 630 of and Natural Resources. Senate on March 24, 2009; to the Committee the Gulf of Alaska’’ (RIN0648–XN53) received EC–1117. A communication from the Attor- on Environment and Public Works. in the Office of the President of the Senate ney of the Office of Assistant General Coun- EC–1125. A communication from the Direc- on March 20, 2009; to the Committee on Com- sel for Legislation and Regulatory Law, Of- tor, Regulatory Management Division, Envi- merce, Science, and Transportation. fice of Energy Efficiency and Renewable En- ronmental Protection Agency, transmitting, EC–1109. A communication from the Acting ergy, Department of Energy, transmitting, pursuant to law, the report of a rule entitled Director of the Office of Sustainable Fish- pursuant to law, the report of a rule entitled ‘‘Approval and Promulgation of Implementa- eries, National Marine Fisheries Service, De- ‘‘Energy Conservation Standards for Certain tion Plans; Revisions to the Alabama State partment of Commerce, transmitting, pursu- Consumer Products and Commercial and In- Implementation Plan; Birmingham and ant to law, the report of a rule entitled dustrial Equipment’’ (RIN1904-AB74) received Jackson Counties’’ (FRL-8781-7) received in ‘‘Fisheries of the Caribbean, Gulf of Mexico, in the Office of the President of the Senate the Office of the President of the Senate on and South Atlantic; Coastal Migratory Pe- on March 23, 2009; to the Committee on En- March 24, 2009; to the Committee on Environ- lagic Resources of the Gulf of Mexico and ergy and Natural Resources. ment and Public Works. South Atlantic; Closure’’ (RIN0648–XN55) re- EC–1118. A communication from the Attor- EC–1126. A communication from the Direc- ceived in the Office of the President of the ney of the Office of Assistant General Coun- tor, Regulatory Management Division, Envi- Senate on March 20, 2009; to the Committee sel for Legislation and Regulatory Law, Of- ronmental Protection Agency, transmitting, on Commerce, Science, and Transportation. fice of Energy Efficiency and Renewable En- pursuant to law, the report of a rule entitled

VerDate Mar 15 2010 12:05 Aug 01, 2011 Jkt 079102 PO 00000 Frm 00046 Fmt 0686 Sfmt 0634 E:\BR09\S25MR9.001 S25MR9 erowe on DSK5CLS3C1PROD with BOUND RECORD March 25, 2009 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 7 8549 ‘‘Approval and Promulgation of State Air Capital Companies Program’’; to the Com- port for the passage of a legislative measure Quality Plans for Designated Facilities and mittee on Homeland Security and Govern- reversing, the ill effects the Rescission Acts Pollutants; Control of Emissions From Ex- mental Affairs. of 1946 and granting pension benefits to our isting Other Solid Waste Incinerator Units; EC–1136. A communication from the Acting veterans then pending in the US Congress; Arizona; Pima County Department of Envi- Senior Procurement Executive, Office of the Whereas, these legislators, however, inti- ronmental Quality’’ (FRL-8781-2) received in Chief Acquisition Officer, General Services mated their concern that upon the passage of the Office of the President of the Senate on Administration, Department of Defense, and this US bill, the benefits currently granted March 24, 2009; to the Committee on Environ- National Aeronautics and Space Administra- to our veterans would be revoked, as pro- ment and Public Works. tion, transmitting, pursuant to law, the re- vided under RA 6948, amended by RA 7696; EC–1127. A communication from the Direc- port of a rule entitled ‘‘Federal Acquisition Whereas, to address this concern and to tor, Regulatory Management Division, Envi- Regulation; Federal Acquisition Circular grant full benefits to our veterans which ronmental Protection Agency, transmitting, 2005-31’’ (Docket FAR 2009-0001, Sequence 2) they rightfully deserve, Republic Act No. pursuant to law, the report of a rule entitled received in the Office of the President of the 9499, otherwise known as the Filipino World ‘‘Delegation of National Emission Standards Senate on March 20, 2009; to the Committee War II Veterans Pensions and Benefits Act of for Hazardous Air Pollutants for Source Cat- on Homeland Security and Governmental Af- 2008, was signed into law on 9 April 2008; egories; State of California; Amador County fairs. Whereas, the law paved the way for the ap- Air Pollution Control District, San Diego f proval by the United States Senate and County Air Pollution Control District’’ House of Representatives of the proposed (FRL-8783-7) received in the Office of the PETITIONS AND MEMORIALS American Recovery and Reinvestment Act of President of the Senate on March 24, 2009; to The following petitions and memo- 2009, otherwise known as the Economic the Committee on Environment and Public rials were laid before the Senate and Stimulus Bill, with the valiant and Works. unfaltering support of Senators Daniel K. were referred or ordered to lie on the Inouye, Harry Reid and Daniel Kahikina EC–1128. A communication from the Direc- table as indicated: tor, Regulatory Management Division, Envi- Akaka, and Representatives Robert Filner, POM–13. A resolution adopted by the Sen- ronmental Protection Agency, transmitting, Mike Honda and Nancy Pelosi, among other ate of the Republic of the Philippines, for- pursuant to law, the report of a rule entitled legislators; warded by the Acting Assistant Secretary, Whereas, on 13 February 2009, both Houses ‘‘New Mexico: Final Authorization of State Bureau of Legislative Affairs, Department of of the US Congress approved the Conference Hazardous Waste Management’’ (FRL-8784-9) State, expressing the sense of the Senate to Report on the Economic Stimulus Bill, with received in the Office of the President of the thank the United States Congress for the ap- 60 affirmative votes and 38 negative votes; Senate on March 24, 2009; to the Committee proval of the Conference Report on the Whereas, United States President Barack on Environment and Public Works. American Recovery and Reinvestment Act of Obama is scheduled to sign the Economic EC–1129. A communication from the Pro- 2009, which provides the amount of one hun- Stimulus Bill in Denver, Colorado, on 17 Feb- gram Manager, Administration for Children dred ninety-eight million dollars for the ben- ruary 2009, the eve of the 63rd anniversary of and Families, Department of Health and efit of eligible Filipino veterans; to the Com- the enactment of the First Rescission Act; Human Services, transmitting, pursuant to mittee on Appropriations. Whereas, the end of the decades-long suf- law, the report of a rule entitled ‘‘State Par- RESOLUTION NO. 161 fering of our veterans is now within reach, ent Locator Service; Safeguarding Child Whereas, then President of the United for when the Economic Stimulus Bill is en- Support Information’’ (RIN0970-AC01) re- acted into law, our surviving veterans can ceived in the Office of the President of the States Franklin D. Roosevelt issued a mili- tary order on 26 July 1941, calling into serv- claim up to Fifteen Thousand Dollars (USD Senate on March 23, 2009; to the Committee 15,000) in lump-sum benefits, not as mone- on Finance. ice the organized military forces of the coun- try under the command of General Douglas tary compensation for their gallantry during EC–1130. A communication from the Chief World War II, but as recognition of their of the Publications and Regulations Branch, MacArthur to fight with the American sol- diers in World War II; honor for risking life and limb for our allies Internal Revenue Service, Department of the and our country. Now, therefore, be it Treasury, transmitting, pursuant to law, the Whereas, President Roosevelt’s military order stated that, ‘‘As Commander-in-Chief Resolved as it is hereby resolved by the Senate report of a rule entitled ‘‘Asset Valuation of the Philippines, To express the sense of the under Section 430(g)(3)(B) as amended by of the Army and Navy of the United States, I hereby call and order into service of the Senate to commend Senator Daniel K. WRERA’’ (Notice 2009-22) received in the Of- Inouye and the United States Congress for fice of the President of the Senate on March Armed Forces of the United States for the period of the existing emergency, and place the approval of the Conference Report on the 20, 2009; to the Committee on Finance. American Recovery and Reinvestment Act of EC–1131. A communication from the Chief under the command of a General Officer, United States Army, to be designated by the 2009, which provides the amount of One Hun- of the Publications and Regulations Branch, dred Ninety-eight Million Dollars (USD Internal Revenue Service, Department of the Secretary of War from time to time, all of the organized military forces of the Govern- 198,000,000) for the benefit of eligible Filipino Treasury, transmitting, pursuant to law, the Veterans. report of a rule entitled ‘‘Taxation of fringe ment of the Commonwealth of the Phil- benefits’’ (Rev. Rul. 2009-6) received in the ippines’’: Whereas, on February 20, 1946, then Presi- POM–14. A resolution adopted by the Sen- Office of the President of the Senate on dent Harry Truman affirmed the status of ate of the State of New Mexico memori- March 24, 2009; to the Committee on Finance. these Filipino veterans as ‘‘nationals of the alizing a request that Congress be urged to EC–1132. A communication from the Acting United States’’ who ‘‘fought, as American hold hearings on a new management system Assistant Secretary, Bureau of Legislative nationals, under the American flag, and for the Valles Caldera National Preserve; to Affairs, Department of State, transmitting, under the direction of our military leaders’’; the Committee on Energy and Natural Re- pursuant to law, a report relative to pro- Whereas, President Truman likewise rec- sources. viding information on U.S. military per- ognized that they ‘‘fought with gallantry and SENATE MEMORIAL NO. 32 sonnel and U.S. civilian contractors involved courage under most difficult conditions’’; Whereas, the Valles Caldera National Pre- in the anti-narcotics campaign in Colombia; Whereas, regrettably, on 18 February and serve is one of New Mexico’s most spectac- to the Committee on Foreign Relations. 17 May 1946, the First and Second Supple- ular places and important wildlife habitats, EC–1133. A communication from the Assist- mental Surplus Appropriation Rescission consisting of eighty-nine thousand acres of ant Secretary, Office of Legislative Affairs, Acts, collectively known as the Rescission forest, high-mountain grassland and clear Department of Homeland Security, transmit- Acts of 1946, were enacted, preventing our streams nestled into the caldera of an an- ting, pursuant to law, a report relative to veterans from receiving benefits which were cient volcano; and the Department’s Other Transaction Author- previously granted to them; Whereas, hunting, fishing and outdoor ity; to the Committee on Homeland Security Whereas, our veterans have been fighting recreation are important parts of the way of and Governmental Affairs. for more than six decades for the restoration life in New Mexico; and EC–1134. A communication from the Dis- of their honor and the recognition of their Whereas, accessible and protected public trict of Columbia Auditor, transmitting, pur- dignity as soldiers who fought with the lands benefit local economies by offering a suant to law, a report entitled ‘‘Implementa- Americans during World War II; higher quality of life that attracts tourism tion of Omnibus Homeland Security Act: Whereas, previous administrations, start- and high-wage jobs; and D.C. Government Needs to Sharpen Its Focus ing from former President Elpidio Quirino, Whereas, the current management experi- on Homeland Defense’’; to the Committee on including Philippine Ambassadors to the ment at the Valles Caldera National Pre- Homeland Security and Governmental Af- United States, have continuously exerted serve is based on a system set up for the Pre- fairs. collective efforts for the realization of this sidio, an urban area located in San Fran- EC–1135. A communication from the Dis- goal; cisco, California; and trict of Columbia Auditor, transmitting, pur- Whereas, on June 2007, members of the Whereas, it has become clear that the ex- suant to law, a report entitled ‘‘Certified United States Congress expressed their sup- perimental management system for the

VerDate Mar 15 2010 12:05 Aug 01, 2011 Jkt 079102 PO 00000 Frm 00047 Fmt 0686 Sfmt 0634 E:\BR09\S25MR9.001 S25MR9 erowe on DSK5CLS3C1PROD with BOUND RECORD 8550 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 7 March 25, 2009 Valles Caldera National Preserve will never S. 693. A bill to amend the Public Health enhance the quality of the health care sys- generate adequate funding without devel- Service Act to provide grants for the train- tem; to the Committee on Finance. oping, and thereby destroying, the Valles ing of graduate medical residents in preven- By Mr. HARKIN (for himself and Mr. Caldera itself; and tive medicine; to the Committee on Health, BURR): Whereas, the current experimental man- Education, Labor, and Pensions. S. 704. A bill to direct the Comptroller agement system has failed to provide ade- By Mr. DODD (for himself and Mr. General of the United States to conduct a quate access to the public for responsible use HATCH): study on the use of Civil Air Patrol per- and enjoyment of the area; and S. 694. A bill to provide assistance to Best sonnel and resources to support homeland se- Whereas, a new management system would Buddies to support the expansion and devel- curity missions, and for other purposes; to improve opportunity for the public to re- opment of mentoring programs, and for the Committee on Homeland Security and sponsibly enjoy the Valles Caldera National other purposes; to the Committee on Health, Governmental Affairs. Preserve, thereby benefiting all residents Education, Labor, and Pensions. By Mr. KERRY (for himself, Mr. and helping the local economy; and By Ms. SNOWE (for herself, Mr. KOHL, LUGAR, Mr. KAUFMAN, and Mr. Whereas, a new management system would Ms. STABENOW, Mr. BROWN, and Mr. MENENDEZ): expand access to hunting, fishing and out- LIEBERMAN): S. 705. A bill to reauthorize the programs door recreational opportunities for all resi- S. 695. A bill to authorize the Secretary of of the Overseas Private Investment Corpora- dents regardless of financial means; and Commerce to reduce the matching require- tion, and for other purposes; to the Com- Whereas, a new management system would ment for participants in the Hollings Manu- mittee on Foreign Relations. improve natural resource management at facturing Partnership Program; to the Com- By Mr. MENENDEZ: the Valles Caldera National Preserve and put mittee on Commerce, Science, and Transpor- S. 706. A bill to increase housing, aware- it on more solid financial footing, ensuring tation. ness, and navigation demonstration services that this spectacular place can be enjoyed by By Mr. CARDIN (for himself and Mr. (HANDS) for individuals with autism spec- present and future generations: Now, there- ALEXANDER): trum disorders; to the Committee on Health, fore, be it S. 696. A bill to amend the Federal Water Education, Labor, and Pensions. Resolved by the Senate of the State of New Pollution Control Act to include a definition By Mr. AKAKA (for himself and Mr. Mexico, That Congress be urged to hold hear- of fill material; to the Committee on Envi- VOINOVICH): ings as soon as possible on the establishment ronment and Public Works. S. 707. A bill to enhance the Federal of a new management system for the Valles By Mr. KENNEDY (for himself, Mr. Telework Program; to the Committee on Caldera National Preserve, in which the DODD, Mr. HARKIN, Mr. BROWN, Mr. Homeland Security and Governmental Af- United States Forest Service, the National CASEY, and Mr. WHITEHOUSE): fairs. Park Service or the United States Fish and S. 697. A bill to amend the Public Health By Mr. AKAKA (for himself, Mr. Wildlife Service provide management to im- Service Act to help individuals with func- INOUYE, Ms. MURKOWSKI, and Mr. prove responsible public access, expand hunt- tional impairments and their families pay BEGICH): ing, fishing and outdoor recreational oppor- for services and supports that they need to S. 708. A bill to express the policy of the tunities for the public and place the Valles maximize their functionality and independ- United States regarding the United States Caldera National Preserve on firm financial ence and have choices about community par- relationship with Native Hawaiians, to pro- footing so that present and future genera- ticipation, education, and employment, and vide a process for the reorganization of a Na- tions can enjoy and experience this spectac- for other purposes; to the Committee on Fi- tive Hawaiian government and the recogni- ular place and benefits to the economy can nance. tion by the United States of the Native Ha- be fully realized; and be it further By Mr. FEINGOLD (for himself, Mr. waiian government, and for other purposes; Resolved, That copies of this memorial be GRAHAM, and Ms. COLLINS): to the Committee on Indian Affairs. transmitted to the New Mexico Congres- S. 698. A bill to ensure the provision of By Mrs. FEINSTEIN (for herself and sional Delegation and the Chief Clerks of the high-quality health care coverage for unin- Mrs. BOXER): United States House of Representatives and sured individuals through State health care S. 709. A bill to better provide for com- Senate for distribution to the appropriate coverage pilot projects that expand coverage pensation for certain persons injured in the committees. and access and improve quality and effi- course of employment at the Santa Susana f ciency in the health care system; to the Field Laboratory in California; to the Com- Committee on Health, Education, Labor, and INTRODUCTION OF BILLS AND mittee on Health, Education, Labor, and Pensions. Pensions. JOINT RESOLUTIONS By Mr. CORNYN (for himself and Mrs. By Mr. SCHUMER (for himself and Mr. The following bills and joint resolu- HUTCHISON): UDALL of Colorado): tions were introduced, read the first S. 699. A bill to provide for the construc- S. 710. A bill to prohibit unfair or deceptive tion by the Secretary of Veterans Affairs of acts or practices relating to gift certificates, and second times by unanimous con- a full service hospital in Far South Texas; to sent, and referred as indicated: store gift cards, and other general-use pre- the Committee on Veterans’ Affairs. paid cards, and for other purposes; to the By Mrs. HUTCHISON (for herself and By Mr. BINGAMAN (for himself, Mr. Committee on Banking, Housing, and Urban Mr. CARDIN): BROWN, and Ms. COLLINS): Affairs. S. 689. A bill to amend the Internal Rev- S. 700. A bill to amend title II of the Social By Mr. BAUCUS: enue Code of 1986 to clarify the treatment of Security Act to phase out the 24-month wait- S. 711. A bill to require mental health church pension plans, and for other purposes; ing period for disabled individuals to become screenings for members of the Armed Forces to the Committee on Finance. eligible for Medicare benefits, to eliminate who are deployed in connection with a con- By Mr. CARDIN (for himself, Mr. the waiting period for individuals with life- tingency operation, and for other purposes; CRAPO, Mr. LEAHY, Mr. LIEBERMAN, threatening conditions, and for other pur- to the Committee on Armed Services. Mr. MENENDEZ, and Mr. NELSON of poses; to the Committee on Finance. f Florida): By Mr. KERRY (for himself, Mr. ALEX- S. 690. A bill to amend the Neotropical Mi- ANDER, Mr. WYDEN, Mr. WHITEHOUSE, SUBMISSION OF CONCURRENT AND gratory Bird Conservation Act to reauthor- and Mr. BROWNBACK): SENATE RESOLUTIONS ize the Act; to the Committee on Environ- S. 701. A bill to amend title XVIII of the ment and Public Works. Social Security Act to improve access of The following concurrent resolutions By Mr. BENNET (for himself and Mr. Medicare beneficiaries to intravenous im- and Senate resolutions were read, and UDALL of Colorado): mune globulins (IVIG); to the Committee on referred (or acted upon), as indicated: S. 691. A bill to direct the Secretary of Vet- Finance. By Mr. TESTER (for himself and Mr. erans Affairs to establish a national ceme- By Mr. GRASSLEY (for himself, Mrs. BAUCUS): tery for veterans in southern Colorado re- LINCOLN, Ms. SNOWE, Mr. ENSIGN, Ms. S. Res. 85. A resolution congratulating the gion, and for other purposes; to the Com- COLLINS, Ms. KLOBUCHAR, and Mr. Rocky Mountain College Battlin’ Bears for mittee on Veterans’ Affairs. GRAHAM): winning the 2009 National Association of By Mr. SCHUMER: S. 702. A bill to amend the Internal Rev- Intercollegiate Athletics Men’s Basketball S. 692. A bill to provide that claims of the enue Code of 1986 to allow long-term care in- National Championship; to the Committee United States to certain documents relating surance to be offered under cafeteria plans on the Judiciary. to Franklin Delano Roosevelt shall be treat- and flexible spending arrangements and to ed as waived and relinquished in certain cir- provide additional consumer protections for f cumstances; to the Committee on Homeland long-term care insurance; to the Committee ADDITIONAL COSPONSORS Security and Governmental Affairs. on Finance. By Mr. HARKIN (for himself, Mr. ISAK- By Mr. SANDERS: S. 277 SON, Mr. BINGAMAN, and Mr. LIEBER- S. 703. A bill to provide for health care for At the request of Mr. KAUFMAN, his MAN): every American and to control the cost and name was added as a cosponsor of S.

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277, a bill to amend the National and emissions from agricultural produc- Pennsylvania (Mr. CASEY) was added as Community Service Act of 1990 to ex- tion. a cosponsor of S. 663, a bill to amend pand and improve opportunities for S. 546 title 38, United States Code, to direct service, and for other purposes. At the request of Mr. REID, the name the Secretary of Veterans Affairs to es- At the request of Mr. AKAKA, his of the Senator from Alabama (Mr. SES- tablish the Merchant Mariner Equity name was added as a cosponsor of S. SIONS) was added as a cosponsor of S. Compensation Fund to provide benefits 277, supra. 546, a bill to amend title 10, United to certain individuals who served in S. 355 States Code, to permit certain retired the United States merchant marine At the request of Mr. DURBIN, the members of the uniformed services who (including the Army Transport Service name of the Senator from Connecticut have a service-connected disability to and the Naval Transport Service) dur- (Mr. LIEBERMAN) was added as a co- receive both disability compensation ing World War II. sponsor of S. 355, a bill to enhance the from the Department of Veterans Af- S. 671 capacity of the United States to under- fairs for their disability and either re- At the request of Mrs. LINCOLN, the take global development activities, and tired pay by reason of their years of name of the Senator from California for other purposes. military service or Combat-Related (Mrs. BOXER) was added as a cosponsor S. 475 Special Compensation. of S. 671, a bill to amend title XVIII of At the request of Mr. BURR, the name S. 547 the Social Security Act to provide for of the Senator from Illinois (Mr. At the request of Mr. BINGAMAN, the the coverage of marriage and family BURRIS) was added as a cosponsor of S. name of the Senator from Oregon (Mr. therapist services and mental health 475, a bill to amend the MERKLEY) was added as a cosponsor of counselor services under part B of the Servicemembers Civil Relief Act to S. 547, a bill to amend title XIX of the Medicare program, and for other pur- guarantee the equity of spouses of mili- Social Security Act to reduce the costs poses. tary personnel with regard to matters of prescription drugs for enrollees of S. 676 of residency, and for other purposes. Medicaid managed care organizations At the request of Mr. SCHUMER, the S. 476 by extending the discounts offered names of the Senator from North Caro- At the request of Mrs. BOXER, the under fee-for-service Medicaid to such lina (Mr. BURR), the Senator from names of the Senator from Oregon (Mr. organizations. Georgia (Mr. CHAMBLISS) and the Sen- WYDEN) and the Senator from Alabama S. 614 ator from Georgia (Mr. ISAKSON) were (Mr. SESSIONS) were added as cospon- At the request of Mrs. HUTCHISON, the added as cosponsors of S. 676, a bill to sors of S. 476, a bill to amend title 10, name of the Senator from Missouri amend the Internal Revenue Code of United States Code, to reduce the min- (Mr. BOND) was added as a cosponsor of 1986 to modify the tax rate for excise imum distance of travel necessary for S. 614, a bill to award a Congressional tax on investment income of private reimbursement of covered beneficiaries Gold Medal to the Women Airforce foundations. of the military health care system for Service Pilots (‘‘WASP’’). AMENDMENT NO. 688 travel for specialty health care. S. 622 At the request of Mr. CRAPO, the S. 491 At the request of Mrs. FEINSTEIN, the name of the Senator from Georgia (Mr. At the request of Mr. WEBB, the name name of the Senator from Pennsyl- CHAMBLISS) was added as a cosponsor of of the Senator from South Dakota (Mr. vania (Mr. SPECTER) was added as a co- amendment No. 688 proposed to H.R. JOHNSON) was added as a cosponsor of sponsor of S. 622, a bill to ensure parity 1388, a bill to reauthorize and reform S. 491, a bill to amend the Internal between the temporary duty imposed the national service laws. Revenue Code of 1986 to allow Federal on ethanol and tax credits provided on AMENDMENT NO. 691 civilian and military retirees to pay ethanol. At the request of Mr. DORGAN, the health insurance premiums on a pretax S. 631 names of the Senator from South Da- basis and to allow a deduction for kota (Mr. JOHNSON) and the Senator TRICARE supplemental premiums. At the request of Mr. KOHL, the name of the Senator from Georgia (Mr. ISAK- from Alaska (Mr. BEGICH) were added S. 493 SON) was added as a cosponsor of S. 631, as cosponsors of amendment No. 691 At the request of Mr. CASEY, the proposed to H.R. 1388, a bill to reau- name of the Senator from Pennsyl- a bill to provide for nationwide expan- sion of the pilot program for national thorize and reform the national service vania (Mr. SPECTER) was added as a co- and State background checks on direct laws. sponsor of S. 493, a bill to amend the AMENDMENT NO. 692 Internal Revenue Code of 1986 to pro- patient access employees of long-term care facilities or providers. At the request of Mr. BAUCUS, the vide for the establishment of ABLE ac- names of the Senator from Maine (Ms. counts for the care of family members S. 654 SNOWE) and the Senator from Massa- with disabilities, and for other pur- At the request of Mr. BUNNING, the name of the Senator from Arkansas chusetts (Mr. KERRY) were added as co- poses. sponsors of amendment No. 692 pro- S. 511 (Mrs. LINCOLN) was added as a cospon- sor of S. 654, a bill to amend title XIX posed to H.R. 1388, a bill to reauthorize At the request of Mr. BROWNBACK, the and reform the national service laws. name of the Senator from South Da- of the Social Security Act to cover f kota (Mr. THUNE) was added as a co- physician services delivered by sponsor of S. 511, a bill to amend part podiatric physicians to ensure access STATEMENTS ON INTRODUCED B of title XVIII of the Social Security by Medicaid beneficiaries to appro- BILLS AND JOINT RESOLUTIONS priate quality foot and ankle care. Act to provide for an exemption of By Mr. CARDIN (for himself, Mr. S. 661 pharmacies and pharmacists from cer- CRAPO, Mr. LEAHY, Mr. LIEBER- tain Medicare accreditation require- At the request of Mr. BINGAMAN, the MAN, Mr. MENENDEZ, and Mr. ments in the same manner as such ex- names of the Senator from Massachu- NELSON, of Florida): emption applies to certain profes- setts (Mr. KERRY) and the Senator from S. 690. A bill to amend the sionals. New York (Mr. SCHUMER) were added as Neotropical Migratory Bird Conserva- S. 527 cosponsors of S. 661, a bill to strength- tion Act to reauthorize the Act; to the At the request of Mr. THUNE, the en American manufacturing through Committee on Environment and Public name of the Senator from Kansas (Mr. improved industrial energy efficiency, Works. BROWNBACK) was added as a cosponsor and for other purposes. Mr. CARDIN. Mr. President, today I of S. 527, a bill to amend the Clean Air S. 663 am introducing the Neotropical Migra- Act to prohibit the issuance of permits At the request of Mr. NELSON of Ne- tory Bird Conservation Act with the under title V of that Act for certain braska, the name of the Senator from support of my colleagues, Mr. CRAPO,

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Mr. LEAHY, Mr. LIEBERMAN, Mr. annual migration routes so they can too many miles to pay their respects. MENENDEZ, and Mr. NELSON. This bill continue to play their vital biological, Even worse, the long distance that supports habitat protection, education, recreational, and economic roles. some veterans’ survivors must travel research, monitoring, and capacity Congress passed the Neotropical Mi- will prevent them from making the building to provide for the long-term gratory Bird Conservation Act of 2000 trip at all. protection of neotropical migratory and it became public law 106–527. It au- This is true of the loved ones of vet- birds. It does this by providing grants thorized an annual $5 million for each erans in southern Colorado, whose pop- to countries in Latin America and the of the fiscal years 2001 through 2005. ulation features one of the highest con- Caribbean for the conservation of these Since 2002, the U.S. has invested more centrations of veterans in the Nation. birds, through a U.S. Fish and Wildlife than $25 million in 262 projects in 44 The vast majority of veterans in south- Service competitive matching grants U.S. states, Canada, and 33 Latin ern Colorado are located far outside of program. Up to one-quarter of the an- American and Caribbean countries, and a 75-mile radius of the nearest VA nual grants can also be used for leveraged an additional $112 million in cemeteries, Fort Logan National Ceme- projects in the United States. Projects partner funds to support these projects. tery in Denver and Fort Lyon National include activities that benefit bird pop- The reauthorization legislation would Cemetery in Bent County. ulations, such as habitat restoration, authorize $8 million for fiscal year 2010, For nearly a decade, it has been a research and monitoring, law enforce- gradually escalating to $20 million for goal of the Pikes Peak Veterans Ceme- ment, and outreach and education. fiscal year 2015, in order to meet ex- tery Committee, as well as the Depart- Neotropical migratory birds breed in panding funding needs. ment of Colorado Veterans of Foreign Canada and the U.S. during our sum- Mr. President, I ask unanimous con- Wars, the Colorado chapters of the mer and spend our winters in Latin sent that the text of the bill be printed American Legion, the Paralyzed Vet- America and the Caribbean. There are in the RECORD. erans of America, and the Association nearly 500 species of these birds, and There being no objection, the text of for Service Disabled Veterans, to bring they face a range of threats, including the bill was ordered to be printed in a national cemetery to El Paso County. development pressures, invasive spe- the RECORD, as follows: In the last Congress, Representative cies, climate change, and avian dis- S. 690 JOHN SALAZAR introduced legislation eases. Protecting these birds requires Be it enacted by the Senate and House of Rep- that would address this issue, and I international cooperation. resentatives of the United States of America in supported that legislation along with The NMBCA program has a proven Congress assembled, other members of the Colorado delega- track record of reversing habitat loss SECTION 1. REAUTHORIZATION OF tion. and advancing conservation strategies NEOTROPICAL MIGRATORY BIRD That bill, H.R. 1660, passed the House for the broad range of neotropical birds CONSERVATION ACT. of Representatives unanimously by that populate the United States and Section 10 of the Neotropical Migratory voice vote, highlighting the support the rest of the Western hemisphere. Bird Conservation Act (16 U.S.C. 6109) is southern Colorado veterans have re- amended to read as follows: The public-private partnerships and ceived from the entire Nation for the international collaboration provided ‘‘SEC. 10. AUTHORIZATION OF APPROPRIATIONS. establishment of a VA cemetery in El ‘‘(a) IN GENERAL.—There are authorized to Paso County. Unfortunately, the Sen- by this program are integral to pre- be appropriated to carry out this Act, to re- serving vulnerable bird populations. main available until expended— ate did not act on this bill in the last Just as importantly, this Federal pro- ‘‘(1) $8,000,000 for fiscal year 2010; Congress. gram is a good value for taxpayers, ‘‘(2) $11,000,000 for fiscal year 2011; I hope—and I know that veterans leveraging over four dollars in partner ‘‘(3) $13,000,000 for fiscal year 2012; throughout Colorado hope—that this contributions for every one that we ‘‘(4) $16,000,000 for fiscal year 2013; year will be different. Representative spend. ‘‘(5) $18,000,000 for fiscal year 2014; and SALAZAR has again introduced a House Migratory birds are not only beau- ‘‘(6) $20,000,000 for fiscal year 2015. bill, and today we introduce the Senate ‘‘(b) USE OF FUNDS.—Of the amounts made tiful creatures eagerly welcomed by companion. Senator BENNET and I will available under subsection (a) for each fiscal millions of Americans into their back- year, not less than 75 percent shall be ex- work hard to raise awareness of the yards every year; they help generate pended for projects carried out at a location need for a new national cemetery for $2.7 billion annually for the U.S. econ- outside of the United States.’’. southern Colorado and get this bill omy through wildlife watching activi- passed in the Senate. We need to en- ties, and they help our farmers by con- By Mr. BENNET (for himself and sure that all of our veterans receive suming billions of harmful insect pests. Mr. UDALL of Colorado): the recognition they deserve with a Bird watchers include over 48 million S. 691. A bill to direct the Secretary final resting place close to their own Americans, 20 million of whom take of Veterans Affairs to establish a na- communities. annual trips to watch birds. In 2006, 20 tional cemetery for veterans in south- Mr. President, I ask unanimous con- million American wildlife watchers ern Colorado region, and for other pur- sent that the text of the bill be printed spent $12.8 billion on trip-related ex- poses; to the Committee on Veterans’ in the RECORD. penditures. Americans spend $3.3 bil- Affairs. There being no objection, the mate- lion each year on bird food. 16 million Mr. UDALL of Colorado. Mr. Presi- rial was ordered to be printed in the Americans spend $790 million each year dent, I am proud to join today with my RECORD as follows: on bird houses, nest boxes, feeders, and colleague and fellow Coloradan Senator S. 691 baths. MICHAEL BENNET in introducing legisla- Be it enacted by the Senate and House of Rep- The Baltimore Oriole, the state bird tion to create a national veterans’ resentatives of the United States of America in of my state of Maryland, migrates in cemetery in El Paso County, CO, and Congress assembled, flocks to southern Mexico, Central provide a respectful final resting place SECTION 1. ESTABLISHMENT OF NATIONAL CEM- ETERY IN SOUTHERN COLORADO America, and northern South America. that our Colorado veterans so deserve. REGION. The Oriole has recently been threat- In a few months, we will honor those (a) IN GENERAL.—The Secretary of Vet- ened by destruction of breeding habitat who made the ultimate sacrifice in de- erans Affairs shall establish, in accordance and tropical winter habitat, and by fending our Nation, as we celebrate Me- with chapter 24 of title 38, United States toxic pesticides ingested by the insects morial Day weekend. On that weekend, Code, a national cemetery in El Paso Coun- which constitute the Oriole’s main friends and family members of our de- ty, Colorado, to serve the needs of veterans diet. This legislation will help ensure parted veterans will go to Veterans Af- and their families in the southern Colorado region. that the broad range of migratory fairs, VA, cemeteries throughout the (b) CONSULTATION IN SELECTION OF SITE.— birds, from the Cerulean Warbler to the country to honor the memory of their Before selecting the site for the national Baltimore Oriole, will have the healthy loved ones. Unfortunately, too many cemetery established under subsection (a), habitat they need on both ends of their family members will have to travel far the Secretary shall consult with—

VerDate Mar 15 2010 12:05 Aug 01, 2011 Jkt 079102 PO 00000 Frm 00050 Fmt 0686 Sfmt 0634 E:\BR09\S25MR9.001 S25MR9 erowe on DSK5CLS3C1PROD with BOUND RECORD March 25, 2009 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 7 8553 (1) appropriate officials of the State of Col- system, we have a ‘‘sick’’ care system. When tens of millions of Americans orado and local officials in the southern Col- If you are sick, you get care. We spend suffer from preventable diseases such orado region; and untold hundreds of billions on pills, as type 2 diabetes, heart disease, and (2) appropriate officials of the United surgery, hospitalization, and disability. some types of cancer we need experts States, including the Administrator of Gen- in preventive medicine. And even eral Services, with respect to land belonging But we spend peanuts about 3 percent to the United States in El Paso County, Col- of our health-care dollars for preven- though the need is growing, our work orado, that would be suitable to establish tion. There are huge, untapped oppor- force in preventive medicine is shrink- the national cemetery under subsection (a). tunities in the area of wellness and pre- ing. We are not training enough pre- (c) AUTHORITY TO ACCEPT DONATION OF PAR- vention. ventive medicine specialists, and our CEL OF LAND.— Last fall, I was honored to be asked capacity to do so is being limited. (1) IN GENERAL.—The Secretary of Veterans by Senator KENNEDY to lead the Though there were 90 preventive medi- Affairs may accept on behalf of the United Health, Education, Labor and Pension cine residency programs in 1999, today States the gift of an appropriate parcel of Committee’s working group on Preven- real property. The Secretary shall have ad- there are only 71. Today, I am intro- ministrative jurisdiction over such parcel of tion and Public Health in our health ducing legislation, along with Senators real property, and shall use such parcel to reform efforts. I am a long-time be- ISAKSON, BINGAMAN and LIEBERMAN, to establish the national cemetery under sub- liever that prevention and wellness are make sure that we train enough profes- section (a). the keys to solving our health care cri- sionals in preventive medicine. The (2) INCOME TAX TREATMENT OF GIFT.—For sis. Our working group has already Preventive Medicine and Public Health purposes of Federal income, estate, and gift started looking at prevention and pub- Training Act will provide training taxes, the real property accepted under para- lic health-based solutions. We have grants to medical schools, teaching graph (1) shall be considered as a gift to the held three hearings so far. First, we hospitals, schools of public health, and United States. (d) REPORT.—As soon as practicable after laid down the case for why prevention public health departments to fund ex- the date of the enactment of this Act, the and public health strategies are so im- isting programs and in some cases de- Secretary shall submit to Congress a report portant to improving health care. We velop new residency training programs on the establishment of the national ceme- heard from a variety of experts, includ- in Preventive Medicine. This bill is de- tery under subsection (a). The report shall ing health economists and successful signed with one simple goal in mind: to set forth a schedule for such establishment health promotion programs in the cor- improve and increase our prevention and an estimate of the costs associated with workforce. We have seen how an ounce such establishment. porate world and in small commu- (e) SOUTHERN COLORADO REGION DEFINED.— nities. It was clear that prevention of prevention really is worth a pound of In this Act, the term ‘‘southern Colorado re- works and that we can not afford not cure, but we know that we need some- gion’’ means the geographic region con- to do it. Next, we heard from a number one to provide that ounce of preven- sisting of the following Colorado counties: of States about the innovative things tion. And our bill will help train future (1) El Paso. they are doing to improve public generations of experts in Preventive (2) Pueblo. Medicine. (3) Teller. health and encourage wellness. We heard about universal coverage in Mas- This legislation is a small but vitally (4) Fremont. important part of our efforts at health (5) Las Animas. sachusetts, improving quality and re- (6) Huerfano. ducing cost in North Carolina’s Med- reform. In the coming months, I will be (7) Custer. icaid program, and emphasizing pre- working with HELP Committee Chair- (8) Costilla. vention and chronic care management man KENNEDY and other interested (9) Alamosa. in Iowa. Some truly groundbreaking ef- members to ensure that, as we craft (10) Saguache. forts are already underway in many legislation to provide health insurance (11) Conejos. states. Finally, we held a hearing to all, we do so in a way that guaran- (12) Mineral. tees that all Americans have access to (13) Archuleta. about access to public health and wellness services for vulnerable popu- and take advantage of exemplary pre- (14) Hinsdale. ventive care. We must guarantee that (15) Gunnison. lations. We heard about some creative (16) Pitkin. solutions addressing public health dis- our health care system will not just fix (17) La Plata. parities for children, seniors, individ- us when we are sick, but keep us well (18) Montezuma. uals with disabilities, and folks in throughout our lifetimes. We must lay (19) San Juan. rural areas. In all of our hearings, we down a marker today to say that re- (20) Ouray. have learned a great deal about what forming our health care system means (21) San Miguel. rejecting our current delivery of ‘‘sick (22) Dolores. we are doing right to make prevention happen. But we have also learned about care’’ and instead strengthening our (23) Montrose. ability to provide ‘‘well care’’ through how far we still have to go in making (24) Delta. preventive medicine. Today’s legisla- (25) Mesa. sure that everyone has the opportunity tion is just one part of that effort, and (26) Crowley. to become healthier. (27) Kiowa. What is abundantly clear to me is I look forward to working with other (28) Bent. that we can and must do more. We interested Senators to build on this (29) Baca. have good science behind us, and we legislation as health care reform moves forward. By Mr. HARKIN (for himself, Mr. know that there are many proven tech- ISAKSON, Mr. BINGAMAN, and niques to make our population By Mr. DODD (for himself and Mr. LIEBERMAN): healthier. This is particularly true in Mr. HATCH): S. 693. A bill to amend the Public preventive medicine, where health care S. 694. A bill to provide assistance to Health Service Act to provide grants providers have expertise both in medi- Best Buddies to support the expansion for the training of graduate medical cine and in public health. These are the and development of mentoring pro- residents in preventive medicine; to people we need to help tackle our grow- grams, and for other purposes; to the the Committee on Health, Education, ing obesity epidemic, the alarming Committee on Health, Education, Labor, and Pensions. trends in cardiovascular disease and Labor, and Pensions. Mr. HARKIN. Mr. President, I am drug-resistant bacterial infections. Mr. DODD. Mr. President, I rise here today to lay the foundation for They can both treat patients and ad- today to introduce with Senator ORRIN what I hope will be a broad effort to re- dress public health concerns. They un- HATCH the Best Buddies Empowerment form our health care system. In these derstand both the physiology of disease for People with Intellectual Disabil- troubled economic times, it has never and the population effects of disease. ities Act of 2009. The bill we are intro- been more clear that our current sys- They know how to provide the best ducing would help to better integrate tem is broken. I have said many times care for the patient and the broader individuals with intellectual disabil- that we do not have a ‘‘health’’ care population. ities into their communities, improve

VerDate Mar 15 2010 12:05 Aug 01, 2011 Jkt 079102 PO 00000 Frm 00051 Fmt 0686 Sfmt 0634 E:\BR09\S25MR9.001 S25MR9 erowe on DSK5CLS3C1PROD with BOUND RECORD 8554 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 7 March 25, 2009 their quality of life and promote the legislation would allow Best Buddies to lectual disabilities into the community extraordinary gifts of these individ- expand their valuable work and offer through supported employment. uals. programs in every state in the Amer- (b) PURPOSE.—The purposes of this Act are to— I am proud to introduce this bill with ica, helping to create a more inclusive (1) provide support to Best Buddies to in- my good friend Senator HATCH. He has society with a direct and positive im- crease participation in and public awareness been a long time leader in the cause of pact on more than 1.2 million citizens. about Best Buddies programs that serve peo- Americans with disabilities. We, as a I thank my colleague Senator HATCH ple with intellectual disabilities; society, have an obligation to do all we for working with me on this important (2) dispel negative stereotypes about peo- can to better include individuals with legislation. I urge my colleagues to ple with intellectual disabilities; and disabilities within our communities join with me in supporting this legisla- (3) promote the extraordinary contribu- tions of people with intellectual disabilities. and help them to reach their full po- tion that will make a positive—and needed—difference in the lives of indi- SEC. 3. ASSISTANCE FOR BEST BUDDIES. tential. (a) EDUCATION ACTIVITIES.—The Secretary Yet, as one study on teen attitudes viduals with intellectual disabilities of Education may award grants to, or enter notes: ‘‘Legal mandates cannot, how- and in the lives of those with whom into contracts or cooperative agreements ever, mandate acceptance by peers, they develop relationships through the with, Best Buddies to carry out activities to neighbors, fellow employees, employers Best Buddies program. promote the expansion of Best Buddies, in- or any of the other groups of individ- Mr. President, I ask unanimous con- cluding activities to increase the participa- uals who directly impact the lives of sent that the text of the bill be printed tion of people with intellectual disabilities in social relationships and other aspects of people with disabilities.’’ People with in the RECORD. community life, including education and em- intellectual disabilities have indeed There being no objection, the text of ployment, within the United States. gained many rights that have improved the bill was ordered to be printed in (b) LIMITATIONS.— their lives; however, negative stereo- the RECORD, as follows: (1) IN GENERAL.—Amounts appropriated to types abound. Social isolation, unfor- S. 694 carry out this Act may not be used for direct tunately, is the norm for too many Be it enacted by the Senate and House of Rep- treatment of diseases, medical conditions, or mental health conditions. people with intellectual disabilities. resentatives of the United States of America in Congress assembled, (2) ADMINISTRATIVE ACTIVITIES.—Not more Early intervention, effective edu- than 5 percent of amounts appropriated to SECTION 1. SHORT TITLE. cation, and appropriate support all go a carry out this Act for a fiscal year may be This Act may be cited as the ‘‘Best Buddies long way toward helping individuals used for administrative activities. Empowerment for People with Intellectual with intellectual disabilities achieve (c) RULE OF CONSTRUCTION.—Nothing in Disabilities Act of 2009’’. the best of his or her abilities and lead this Act shall be construed to limit the use SEC. 2. FINDINGS AND PURPOSE. of non-Federal funds by Best Buddies. a meaningful life in the community. I (a) FINDINGS.—Congress finds the fol- would like to tell you about the accom- SEC. 4. APPLICATION AND ANNUAL REPORT. lowing: (a) APPLICATION.— plishments of Best Buddies, a remark- (1) Best Buddies operates the first national (1) IN GENERAL.—To be eligible for a grant, able non-profit organization that is social and recreational program in the contract, or cooperative agreement under dedicated to helping people with intel- United States for people with intellectual section 3(a), Best Buddies shall submit an ap- lectual disabilities develop relation- disabilities. plication at such time, in such manner, and ships that will provide the support (2) Best Buddies is dedicated to helping containing such information as the Sec- people with intellectual disabilities become retary of Education may require. needed to help them reach their poten- part of mainstream society. tial. (2) CONTENT.—At a minimum, an applica- (3) Best Buddies is determined to end social tion under this subsection shall contain the Founded in 1989, Best Buddies is the isolation for people with intellectual disabil- only national social and recreational following: ities by promoting meaningful friendships (A) A description of activities to be carried program in the United States for peo- between them and their non-disabled peers in out under the grant, contract, or cooperative ple with intellectual disabilities. Best order to help increase the self-esteem, con- agreement. Buddies works to enhance the lives of fidence, and abilities of people with and (B) Information on specific measurable people with intellectual disabilities by without intellectual disabilities. goals and objectives to be achieved through providing opportunities for friendship (4) Since 1989, Best Buddies has enhanced activities carried out under the grant, con- the lives of people with intellectual disabil- tract, or cooperative agreement. and integrated employment. Through ities by providing opportunities for 1-to-1 more than one thousand volunteer-run (b) ANNUAL REPORT.— friendships and integrated employment. (1) IN GENERAL.—As a condition of receipt chapters at middle schools, high (5) Best Buddies is an international organi- of any funds under section 3(a), Best Buddies schools and colleges, students with and zation spanning 1,300 middle school, high shall agree to submit an annual report at without intellectual disabilities are school, and college campuses. such time, in such manner, and containing paired up in a one-to-one mentoring (6) Best Buddies implements programs that such information as the Secretary of Edu- friendship. Best Buddies also facili- will positively impact more than 400,000 indi- cation may require. tates an Internet pen pal program, an viduals in 2009 and expects to impact 500,000 (2) CONTENT.—At a minimum, each annual people by 2010. report under this subsection shall describe adult friendship program, and a sup- (7) The Best Buddies Middle Schools pro- ported employment program. the degree to which progress has been made gram matches middle school students with toward meeting the specific measurable Approximately 7,000,000 people in the intellectual disabilities with other middle goals and objectives described in the applica- U.S. have an intellectual disability; school students and supports 1-to-1 friend- tions submitted under subsection (a). every one of these individuals would ships between them. SEC. 5. AUTHORIZATION OF APPROPRIATIONS. benefit from the kind of relationships (8) The Best Buddies High Schools program There are authorized to be appropriated to that the Best Buddies programs help to matches high school students with intellec- the Secretary of Education for grants, con- establish. The resulting friendships are tual disabilities with other high school stu- tracts, or cooperative agreements under sec- dents and supports 1-to-1 friendships between tion 3(a), $10,000,000 for fiscal year 2010, and mutually beneficial, increasing the them. self-esteem, confidence, and abilities of such sums as may be necessary for each of (9) The Best Buddies Colleges program the 4 succeeding fiscal years. people both with and without intellec- matches adults with intellectual disabilities tual disabilities. with college students and creates 1-to-1 By Ms. SNOWE (for herself, Mr. The legislation we introduce today friendships between them. KOHL, Ms. STABENOW, Mr. would allow the Secretary of Education (10) The Best Buddies e-Buddies program BROWN, and Mr. LIEBERMAN): to award grants to promote the expan- supports e-mail friendships between people S. 695. A bill to authorize the Sec- sion of the Best Buddies programs and with and without intellectual disabilities. retary of Commerce to reduce the to increase participation in and public (11) The Best Buddies Citizens program pairs adults with intellectual disabilities in matching requirement for participants awareness about these programs. The 1-to-1 friendships with other individuals in in the Hollings Manufacturing Partner- bill authorizes $10,000,000 for fiscal year the corporate and civic communities. ship Program; to the Committee on 2010 and such sums as necessary (12) The Best Buddies Jobs program pro- Commerce, Science, and Transpor- through fiscal year 2014. If passed, this motes the integration of people with intel- tation.

VerDate Mar 15 2010 12:05 Aug 01, 2011 Jkt 079102 PO 00000 Frm 00052 Fmt 0686 Sfmt 0634 E:\BR09\S25MR9.001 S25MR9 erowe on DSK5CLS3C1PROD with BOUND RECORD March 25, 2009 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 7 8555 Ms. SNOWE. Mr. President, I rise a definition of fill material; to the ‘‘(i) replaces a portion of the waters of today in support of critical legislation Committee on Environment and Public the United States with dry land; or that I am introducing, along with Sen- Works. ‘‘(ii) modifies the bottom elevation of a body of water for any purpose. ators KOHL, STABENOW, BROWN, and Mr. CARDIN. Mr. President, today ‘‘(B) EXCLUSIONS.—The term ‘fill mate- LIEBERMAN, to reduce the cost share the Obama administration is taking an rial’ does not include— amount that the Manufacturing Exten- important first step in ending moun- ‘‘(i) the disposal of excess spoil material sion Partnership, or MEP, faces in ob- taintop mining, one of the most envi- (as described in section 515(b)(22) of the Sur- taining its annual funding. The MEP is ronmentally destructive practices cur- face Mining Control and Reclamation Act (30 a nationwide public-private network of rently in use in this country. More U.S.C. 1265(b)(22))) in waters of the United counseling and assistance centers that than 1 million acres of Appalachia have States; or provide our nation’s nearly 350,000 already been destroyed. An estimated ‘‘(ii) trash or garbage.’’. small and medium manufacturers with 1,200 miles of headwater streams have By Mr. FEINGOLD (for himself, services and access to resources that been buried under tons of mining Mr. GRAHAM, and Ms. COLLINS): enhance growth, improve productivity, wastes. Over 500 mountains have been S. 698. A bill to ensure the provision and expand capacity. The MEP’s con- permanently scarred. Homes have been of high-quality health care coverage tribution to sustaining America’s man- ruined and drinking water supplies for uninsured individuals through ufacturing sector is indisputable. In contaminated. It is time to end this es- State health care coverage pilot fiscal year 2008 alone, MEP clients cre- pecially destructive method of coal projects that expand coverage and ac- ated or retained 57,079 jobs; provided mining. cess and improve quality and efficiency cost savings in excess of $1.44 billion; By stopping the issuance of some of in the health care system; to the Com- and generated over $10.5 billion in the most destructive permits, today mittee on Health, Education, Labor, sales. the administration is sending the right and Pensions. At present, individual MEP centers signals that the days of mountaintop Mr. FEINGOLD. Mr. President, there must raise a full two-thirds of their mining are being relegated to the dust is a crisis facing our country, a crisis funding after their fourth year of oper- bin of the past, where they belong. that directly affects the lives of almost ation, placing a heavy burden on these Today, Senator LAMAR ALEXANDER 50 million people in the U.S., and that centers. The National Institute of and I are introducing bipartisan legis- indirectly affects many more. The cri- Standards and Technology, NIST, at lation that will go one step further. sis is the lack of universal health in- the Department of Commerce, in turn, Our bill, the Appalachia Restoration surance in America, and its effects are provides 1⁄3 of the centers’ funding. Act, will make clear that mining rippling through our families, our com- MEP centers can meet their portion of wastes cannot be dumped into our munities, and our economy. It is the the cost share requirement through streams, smothering them and sending number one issue that I hear about in funds from universities, State and local plumes of toxic run-off into ground- Wisconsin, and it is the number one governments, and other institutions. water systems. This Cardin-Alexander issue for many Americans. Neverthe- In today’s tumultuous economy, legislation amends the Clean Water less, for too long, Congress has been these centers are experiencing in- Act, specifically preventing the so- locked in a stalemate when it comes to creased difficulties finding adequate called ‘‘excess spoil’’ of mining wastes health reform, refusing to move for- funding from both private and public from entering our streams and rivers. ward on this life-threatening problem sources. As economic concerns weigh This simple legislation will restore the because of party politics and special in- down on all of us, States, organiza- Clean Water Act to its original pur- terests. That is why, for the past few tions, and groups that traditionally as- pose. In doing so, it will stop the Congresses, I have introduced with the sist MEP centers in meeting this cost wholesale destruction of some of Amer- Senator from South Carolina, LINDSEY share are reluctant to expend the ica’s most beautiful and ecologically GRAHAM, the State-Based Health Care money—or do not have the resources to significant regions. Reform Act. do so. Mountaintop mining produces less Senator GRAHAM and I are from oppo- Our bill is simple and straight- than five percent of the coal mined in site ends of the political spectrum, we forward. It would reduce the statutory the United States. This bill does not are from different areas of the country, cost share that MEP centers face to 50 ban other methods of coal mining. In- and we have different views on health percent for all years of the centers’ op- care. But we agree that something eration. Frankly, the Nation’s MEP stead, it is narrowly tailored to stop a needs to be done about health care in centers are subject to an unnecessarily practice that has earned the condemna- our country. Every day, all over our restrictive cost share requirement. It is tion of communities across Appalachia nation, Americans suffer from medical inequitable, as the MEP is the only ini- as well as citizens across the rest of the conditions that cause them pain and tiative out of the 80 programs funded country. even change the way they lead their by the Department of Commerce that I applaud the Obama administration lives. Every one of us has either experi- is subject to a statutory cost share of for the steps it is taking today, and enced this personally or through a fam- greater than 50 percent. There is no Senator ALEXANDER and I look forward ily member suffering from cancer, Alz- reason for this to persist, particularly to working with the Administration to heimer’s, diabetes, genetic disorders, not during this trying economy when pass the Cardin-Alexander Appalachia so many manufacturers are trying to Restoration Act later this year. mental illness or some other condition. remain afloat. There being no objection, the text of The disease takes its toll on both indi- The MEP is an essential resource for the bill was ordered to be printed in viduals and families, as trips to the small and medium manufacturers na- the RECORD, as follows: hospital for treatments such as chemo- tionwide. With centers in all 50 States, S. 696 therapy test the strength of the person as well as Puerto Rico, its reach is un- Be it enacted by the Senate and House of and the family affected. This is an in- matched and its experience in coun- Representatives of the United States of America credibly difficult situation for anyone. seling manufacturers is unrivaled. It is in Congress assembled, But for the uninsured and under- my hope that my colleagues will sup- SECTION 1. SHORT TITLE. insured, the suffering goes beyond This Act may be cited as the ‘‘Appa- port this legislation as a direct way to physical discomfort. These Americans lachia Restoration Act’’. bear the additional burden of won- bolster an industry that is indispen- SEC. 2. FILL MATERIAL. sable to our Nation’s economy health. dering where the next dollar for their Section 502 of the Federal Water Pollu- health care bills will come from; wor- tion Control Act (33 U.S.C. 1362) is amended By Mr. CARDIN (for himself and by adding at the end the following: ries of going into debt; worries of going Mr. ALEXANDER): ‘‘(26) FILL MATERIAL.— bankrupt because of health care needs. S. 696. A bill to amend the Federal ‘‘(A) IN GENERAL.—The term ‘fill mate- When illness strikes families, the last Water Pollution Control Act to include rial’ means any pollutant that— thing they should have to think about

VerDate Mar 15 2010 12:05 Aug 01, 2011 Jkt 079102 PO 00000 Frm 00053 Fmt 0686 Sfmt 0634 E:\BR09\S25MR9.001 S25MR9 erowe on DSK5CLS3C1PROD with BOUND RECORD 8556 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 7 March 25, 2009 is money, but for many in our country, failure of our health care system brings lationship between the State and Fed- this is a persistent burden that causes people to these meetings in droves. eral Governments. additional stress and hopelessness These people used to think Govern- The Task Force is also charged with when they are ill. ment involvement was a terrible idea, making sure that the State plans meet It is difficult to do justice to the but not anymore. Now they come certain minimal requirements. First, magnitude of the uninsurance problem, armed with their frustration, their the State plans must include specific but I want to share a few astounding anger, and their desperation, and they target dates for decreasing the number statistics. The need for health care re- tell me that their businesses and their of uninsured, and must also identify a form has reached crisis proportions in lives are being destroyed by health set of minimum benefits for every cov- America, with over 46 million Ameri- care costs, and they want the Govern- ered individual. These benefits must be cans uninsured. As a result of our cur- ment to step in. comparable to health insurance offered rent economic crisis, that number is I am pleased to be joined by Senator to Federal employees. Second, the climbing by the day. In December of GRAHAM in introducing the State-Based State plans must include a mechanism 2008 and January of 2009, it is estimated Health Care Reform Act. In short, this to guarantee that the insurance is af- that 14,000 Americans lost their access bill establishes a pilot project to pro- fordable. Americans should not go to health care each day; in Wisconsin, vide States with the resources needed broke trying to keep healthy, and 230 people each day lost access to care to implement universal health care re- health care reform should ensure that during these 2 months. The cost of pro- form. The bill does not dictate what individual costs are manageable. The viding care to the uninsured weighs kind of reform the States should imple- State-Based Health Care Reform Act heavily on the U.S. economy. Accord- ment, it just provides an incentive for bases affordability on income. ing to research done by the journal action, provided States meet certain Another provision in this legislation Health Affairs, the uninsured received minimum coverage and low-income re- requires that the States contribute to approximately $56,000,000,000 in uncom- quirements. paying for their new health care pro- pensated care in 2008. Government pro- Even though Senator GRAHAM and I grams. The Federal Government will grams finance about 75 percent of un- support different methods of health provide matching funds based on en- compensated care. The cost of the un- care reform, we both agree that this hanced FMAP—the same standard used insured weighs heavily on our collec- legislation presents a viable solution to for SCHIP—and will then provide an tive conscience, as well. In my home the logjam preventing reform. It may additional 5 percent. States that can State of Wisconsin alone, it is esti- well be that, with a new President and afford to provide more are encouraged mated that 250 Wisconsinites, or 5 peo- a new Congress, that logjam is already to, but the matching requirement will ple each week, died in 2006 because broken. I hope that is the case, as I ensure the financial viability of the they did not have health insurance. have long said that a single-payer bill and State buy-in. Other than these The U.S. is the only industrialized health care system is what I prefer for requirements, the States largely have nation that does not guarantee health our country. I also recognize that there flexibility to design a plan that works care for its citizens. In other countries, are strong obstacles to enacting real best for their respective residents. The if someone is sick, they get proper care reform, and that we may need the sup- possibilities for reform are wide open. regardless of ability to pay. In our port of members of Congress with dif- One of the main criticisms of Federal country, that is not the case. It is un- ferent views on this topic. Senator Government spending on health care is acceptable for a nation as great as GRAHAM would like to see health care that it is expensive and increases the America to not provide good health privatized and see a base, catastrophic deficit. My legislation is fully offset, care for all our citizens. We are failing coverage offered to everyone. Despite ensuring that it will not increase the those in need. We are failing the hard- our disagreements about the form that deficit. The bill does not avoid making working family that cannot afford the health care reform should take, we the tough budget choices that need to insurance offered to them. We are fail- agree on this legislation. be made if we are going to pay for ing the uninsured children whose par- With the election of Barack Obama, health care reform. ents do not have any access to insur- Americans have a real opportunity to ance. We are failing low-income Ameri- reform our health care system. I look We need a solution for a broken sys- cans and middle-income Americans forward to consideration of health care tem where millions are uninsured, and alike. This is not right. We can do bet- reform this Congress, and I do not in- where businesses and Americans are ter. tend to push this bill as an alternative struggling under the burden of health Even for those Americans who cur- to broader efforts. But I do think our care costs. rently have health insurance through proposal may help provide ideas about It has been over 10 years since the their employer, the risk of becoming how to bring together Democrats and last serious debate over health care re- uninsured is very real. Large busi- Republicans on this issue. form was killed by special interests nesses are finding themselves less com- Under our proposal, States can be and the soft money contributions they petitive in the global market because creative in the State resources they used to corrupt the legislative process. of skyrocketing health care costs. use to expand health care coverage. The legislative landscape is now much Small businesses are finding it difficult For example, a State can use personal different. Soft money can no longer be to offer insurance to employees while or employer mandates for coverage, use used to set the agenda, and businesses staying competitive in their own com- State tax incentives, create a single- and workers are crying out as never be- munities. Our health care system has payer system or even join with neigh- fore for Congress to do something failed to keep costs in check, and there boring States to offer a regional health about the country’s health care crisis. is simply no way we can expect busi- care plan. The proposals are subject We are fortunate to live in a country nesses to keep up. More and more, em- only to the approval of the newly cre- that has been abundantly blessed with ployers are forced to increase employee ated Health Care Coverage Task Force, democracy and wealth, and yet there cost-sharing or to offer sub-par bene- which will be composed of health care are those in our society whose daily fits, or no benefits at all. Employers experts, consumers, and representa- health struggles overshadow these cannot be the sole provider of health tives from groups affected by health blessings. That is an injustice, but it is care when these costs are rising faster care reform. This Task Force will be one we can and must address. Dr. Mar- than inflation. responsible for choosing viable State tin Luther King, Jr., said, ‘‘Of all the I travel to each of Wisconsin’s 72 projects and ensuring that the projects forms of inequality, injustice in health counties every year to hold townhall are effective. The Task Force will also care is the most shocking and inhu- meetings. Almost every year, the num- help the States develop projects, and mane.’’ It is long past time for Con- ber one issue raised at these listening will continue a dialogue with the gress to heed these words and end this sessions is the same—health care. The States in order to facilitate a good re- terrible inequality.

VerDate Mar 15 2010 12:05 Aug 01, 2011 Jkt 079102 PO 00000 Frm 00054 Fmt 0686 Sfmt 0634 E:\BR09\S25MR9.001 S25MR9 erowe on DSK5CLS3C1PROD with BOUND RECORD March 25, 2009 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 7 8557 By Mr. BINGAMAN (for himself, conducted several important studies on Government is effectively taking their Mr. BROWN and Ms. COLLINS): the issue, ‘‘Individuals in the waiting health care coverage away because S. 700. A bill to amend title II of the period for Medicare suffer from a broad they are so severely disabled. Social Security Act to phase out the range of debilitating diseases and are Therefore, for some in the waiting 24-month waiting period for disabled in urgent need of appropriate medical period, their battle is often as much individuals to become eligible for Medi- care to manage their conditions. Elimi- with the Government as it is with their care benefits, to eliminate the waiting nating the 2-year wait would ensure ac- medical condition, disease, or dis- period for individuals with life-threat- cess to care for those already on the ability. ening conditions, and for other pur- way to Medicare.’’ Nobody could possibly think this poses; to the Committee on Finance. Again, we are talking about individ- makes any sense. Mr. BINGAMAN. Mr. President, I rise uals that have been determined to be As the Medicare Rights Center has today along with my colleagues, Sen- unable to engage in any ‘‘substantial, said, ‘‘By forcing Americans with dis- ators BROWN and COLLINS, to introduce gainful activity’’ because of either a abilities to wait 24 months for Medi- bipartisan legislation entitled Ending physical or mental impairment that is care coverage, the current law effec- the Medicare Disability Waiting Period expected to result in death or to con- tively sentences these people to inad- Act of 2009. This legislation would tinue for at least 12 months. These are equate health care, poverty, or death. phase out the current 2-year waiting people that, by definition, are in more . . . Since disability can strike anyone, period that people with disabilities need of health coverage than anybody at any point in life, the 24-month wait- must endure after qualifying for Social else in our society. The consequences ing period should be of concern to ev- Security Disability Insurance, SSDI. In are unacceptable and are, in fact, dire. eryone, not just the millions of Ameri- the interim or as the waiting period is The majority of people who become cans with disabilities today.’’ being phased out, the bill would also disabled were, before their disability, Although elimination of the Medi- create a process by which the Sec- working full-time jobs and paying into care waiting period will certainly in- retary can immediately waive the Medicare like all other employed crease Medicare costs, it is important waiting period for people with life- Americans. At the moment these men to note that there will be some de- threatening illnesses. and women need coverage the most, crease in Medicaid costs. Medicaid, When Medicare was expanded in 1972 just when they have lost their health, which is financed by both Federal and to include people with significant dis- their jobs, their income, and their State governments, often provides cov- abilities, lawmakers created the 24- health insurance, Federal law requires erage for a subset of disabled Ameri- month waiting period. According to an them to wait 2 full years to become eli- cans in the waiting period, as long as April 2007 report from the Common- gible for Medicare. Many of these indi- they meet certain income and asset wealth Fund, it is estimated that over viduals are needlessly forced to accu- limits. Income limits are typically at 1.5 million SSDI beneficiaries are in mulate tens-of-thousands of dollars in or below the poverty level, including at the Medicare waiting period at any healthcare debt or compromise their just 74 percent of the poverty line in given time, ‘‘all of whom are unable to health due to forgone medical treat- New Mexico, with assets generally lim- work because of their disability and ment. Many individuals are forced to ited to just $2,000 for individuals and most of whom have serious health sell their homes or go bankrupt. Even $3,000 for couples. problems, low incomes, and limited ac- more tragically, more than 16,000 dis- Furthermore, from a continuity of cess to health insurance.’’ Nearly 39 abled beneficiaries annually, about 4 care point of view, it makes little sense percent of these individuals do not percent of beneficiaries, do not make it that somebody with disabilities must have health insurance coverage for through the waiting period. They die leave their job and their health pro- some point during the waiting period before their Medicare coverage ever be- viders associated with that plan, move and 26 percent have no health insur- gins. on to Medicaid, often have a different ance during this period. Removing the waiting period is well set of providers, then switch to Medi- The stated reason at the time was to worth the expense. According to the care and yet another set of providers. limit the fiscal cost of the provision. Commonwealth Fund, analyses have The cost, both financial and personal, However, I would assert that there is shown providing men and women with of not providing access to care or poor- no reason, be it fiscal or moral, to tell Medicare at the time that Social Secu- ly coordinated care services for these people that they must wait longer than rity certifies them as disabled would seriously ill people during the waiting 2 years after becoming severely dis- cost $8.7 billion annually. This cost period may be greater in many cases abled before we provide them access to would be partially offset by $4.3 billion than providing health coverage. much needed health care. in reduced Medicaid spending, which Finally, private-sector employers In fact, it is important to note that many individuals require during the and employees in those risk-pools there really are actually three waiting waiting period. In addition, untold ex- would also benefit from the passage of periods that are imposed upon people penses borne by the individuals in- the bill. As the Commonwealth Fund seeking to qualify for SSDI. First, volved could be avoided, as well as the has noted, ‘‘. . . to the extent that dis- there is the disability determination costs of charity care on which many abled adults rely on coverage through process through the Social Security depend. Moreover, there may be addi- their prior employer or their spouse’s Administration, which often takes tional savings to the Medicare program employer, eliminating the waiting pe- many months or even longer than a itself, which often has to bear the ex- riod would also produce savings to em- year in some cases. Second, once a pense of addressing the damage done ployers who provide this coverage.’’ worker has been certified as having a during the waiting period. During this To address concerns about costs and severe or permanent disability, they time, deferred health care can worsen immediate impact on the Medicare pro- must wait an additional five months conditions, creating additional health gram, the legislation phases out the before receiving their first SSDI check. problems and higher costs. waiting period over a 10-year period. In And third, after receiving that first Further exacerbating the situation, the interim, the legislation would cre- SSDI check, there is the 2-year period some beneficiaries have had the unfor- ate a process by which others with life- that people must wait before their tunate fate of having received SSI and threatening illnesses could also get an Medicare coverage begins. Medicaid coverage, applied for SSDI, exception to the waiting period. Con- What happens to the health and well- and then lost their Medicaid coverage gress has previously extended such an being of people waiting more than 21⁄2 because they were not aware the exception to the waiting period to indi- years before they finally receive criti- change in income when they received viduals with amyotrophic lateral scle- cally needed Medicare coverage? Ac- SSDI would push them over the finan- rosis, ALS, also known as Lou Gehrig’s cording to Karen Davis, president of cial limits for Medicaid. In such a case, disease, and for hospice services. The the Commonwealth Fund, which has and let me emphasize this point, the ALS exception passed the Congress in

VerDate Mar 15 2010 12:05 Aug 01, 2011 Jkt 079102 PO 00000 Frm 00055 Fmt 0686 Sfmt 0634 E:\BR09\S25MR9.002 S25MR9 erowe on DSK5CLS3C1PROD with BOUND RECORD 8558 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 7 March 25, 2009 December 2000 and went into effect ‘‘(3) for 2012, 14 months; tion, and the Institute of Medicine of the Na- July 1, 2001. Thus, the legislation would ‘‘(4) for 2013, 12 months; tional Academy of Sciences; and extend the exception to all people with ‘‘(5) for 2014, 10 months; ‘‘(B) annually review the compassionate life-threatening illnesses in the wait- ‘‘(6) for 2015, 8 months; allowances list of conditions of the Social ‘‘(7) for 2016, 6 months; Security Administration.’’. ing period. ‘‘(8) for 2017, 4 months; (b) EFFECTIVE DATE.—The amendments Mr. President, I ask unanimous con- ‘‘(9) for 2018, 2 months; and made by this section shall apply to insurance sent that the text of the bill be printed ‘‘(10) for 2019 and each subsequent year, 0 benefits under title XVIII of the Social Secu- in the RECORD. months.’’. rity Act with respect to items and services There being no objection, the text of (c) CONFORMING AMENDMENTS.— furnished in months beginning at least 90 the bill was ordered to be printed in (1) SUNSET.—Effective January 1, 2019, days after the date of the enactment of this the RECORD, as follows: subsection (f) of section 226 of the Social Se- Act (but in no case earlier than January 1, curity Act (42 U.S.C. 426) is repealed. 2010). S. 700 (2) MEDICARE DESCRIPTION.—Section SEC. 4. INSTITUTE OF MEDICINE STUDY AND RE- Be it enacted by the Senate and House of 1811(2) of such Act (42 U.S.C. 1395c(2)) is PORT ON DELAY AND PREVENTION Representatives of the United States of America amended by striking ‘‘entitled for not less OF DISABILITY CONDITIONS. in Congress assembled, than 24 months’’ and inserting ‘‘entitled for (a) STUDY.—The Secretary of Health and SECTION 1. SHORT TITLE; TABLE OF CONTENTS. the waiting period (as defined in section Human Services (in this section referred to (a) SHORT TITLE.—This Act may be cited 226(k))’’. as the ‘‘Secretary’’) shall request that the as the ‘‘Ending the Medicare Disability Wait- (3) MEDICARE COVERAGE.—Section Institute of Medicine of the National Acad- ing Period Act of 2009’’. 1837(g)(1) of such Act (42 U.S.C. 1395p(g)(1)) is emy of Sciences conduct a study on the (b) TABLE OF CONTENTS.—The table of amended by striking ‘‘of the later of (A) range of disability conditions that can be de- contents of this Act is as follows: April 1973 or (B) the third month before the layed or prevented if individuals receive ac- 25th month of such entitlement’’ and insert- cess to health care services and coverage be- Sec. 1. Short title; table of contents. ing ‘‘of the third month before the first fore the condition reaches disability levels. Sec. 2. Phase-out of waiting period for medi- month following the waiting period (as de- (b) REPORT.—Not later than the date that care disability benefits. fined in section 226(k)) applicable under sec- is 2 years after the date of enactment of this Sec. 3. Elimination of waiting period for in- tion 226(b)’’. Act, the Secretary shall submit to Congress dividuals with life-threatening (4) RAILROAD RETIREMENT SYSTEM.—Sec- a report containing the results of the Insti- conditions. tion 7(d)(2)(ii) of the Railroad Retirement tute of Medicine study authorized under this Sec. 4. Institute of Medicine study and re- Act of 1974 (45 U.S.C. 231f(d)(2)(ii)) is amend- section. port on delay and prevention of ed— (c) AUTHORIZATION OF APPROPRIATIONS.— disability conditions. (A) by striking ‘‘, for not less than 24 There is authorized to be appropriated to SEC. 2. PHASE-OUT OF WAITING PERIOD FOR months’’ and inserting ‘‘, for the waiting pe- carry out this section $750,000 for the period MEDICARE DISABILITY BENEFITS. riod (as defined in section 226(k) of the So- of fiscal years 2010 and 2011. (a) IN GENERAL.—Section 226(b) of the So- cial Security Act); and cial Security Act (42 U.S.C. 426(b)) is amend- (B) by striking ‘‘could have been entitled By Mr. KERRY (for himself, Mr. ed— for 24 calendar months, and’’ and inserting ALEXANDER, Mr. WYDEN, Mr. (1) in paragraph (2)(A), by striking ‘‘, and ‘‘could have been entitled for the waiting pe- WHITEHOUSE, and Mr. BROWN- has for 24 calendar months been entitled to,’’ riod (as defined is section 226(k) of the Social BACK): and inserting ‘‘, and for the waiting period Security Act), and’’. S. 701 A bill to amend title XVIII of (as defined in subsection (k)) has been enti- (d) EFFECTIVE DATE.—Except as provided the Social Security Act to improve ac- tled to,’’; in subsection (c)(1), the amendments made (2) in paragraph (2)(B), by striking ‘‘, and by this section shall apply to insurance bene- cess of Medicare beneficiaries to intra- has been for not less than 24 months,’’ and fits under title XVIII of the Social Security venous immune globulins (IVI); to the inserting ‘‘, and has been for the waiting pe- Act with respect to items and services fur- Committee on Finance. riod (as defined in subsection (k)),’’; nished in months beginning at least 90 days Mr. KERRY. Mr. President, as we (3) in paragraph (2)(C)(ii), by striking ‘‘, after the date of the enactment of this Act move forward with comprehensive including the requirement that he has been (but in no case earlier than January 1, 2010). health reform we must also not ignore entitled to the specified benefits for 24 SEC. 3. ELIMINATION OF WAITING PERIOD FOR that some of our most vulnerable Medi- months,’’ and inserting ‘‘, including the re- INDIVIDUALS WITH LIFE-THREAT- care beneficiaries are subject to costly, ENING CONDITIONS. quirement that the individual has been enti- bureaucratic red tape which is delaying tled to the specified benefits for the waiting (a) IN GENERAL.—Section 226(h) of the So- period (as defined in subsection (k)),’’; and cial Security Act (42 U.S.C. 426(h)) is amend- essential, life-saving treatments. Ad- (4) in the flush matter following para- ed— dressing this problem can both increase graph (2)(C)(ii)(II)— (1) by redesignating paragraphs (1), (2), the quality of life for many patients (A) in the first sentence, by striking ‘‘for and (3) as subparagraphs (A), (B), and (C), re- and ease financial burdens for their each month beginning with the later of (I) spectively; medical providers. July 1973 or (II) the twenty-fifth month of (2) in the matter preceding subparagraph Between 6,000 and 10,000 Medicare his entitlement or status as a qualified rail- (A) (as redesignated by paragraph (1)), by in- beneficiaries have primary immuno- serting ‘‘(1)’’ after ‘‘(h)’’; road retirement beneficiary described in deficiency diseases, PIDD, that require paragraph (2), and’’ and inserting ‘‘for each (3) in paragraph (1) (as designated by month beginning after the waiting period (as paragraph (2))— intravenous immunoglobulin, IVIG, so defined) for which the individual satisfies (A) in the matter preceding subparagraph treatment to maintain a healthy im- paragraph (2) and’’; (A) (as redesignated by paragraph (1)), by in- mune system. (B) in the second sentence, by striking serting ‘‘or any other life-threatening condi- Primary Immunodeficiency Diseases, ‘‘the ‘twenty-fifth month of his entitlement’ tion’’ after ‘‘amyotrophic lateral sclerosis PIDD, are disorders in which part of refers to the first month after the twenty- (ALS)’’; and the body’s immune system is missing fourth month of entitlement to specified (B) in subparagraph (B) (as redesignated or does not function properly. Un- benefits referred to in paragraph (2)(C) and’’; by paragraph (1)), by striking ‘‘(rather than treated PIDDs result in frequent life- and twenty-fifth month)’’; and (C) in the third sentence, by striking ‘‘, (4) by adding at the end the following threatening infections and debilitating but not in excess of 78 such months’’. new paragraph: illnesses. Even illnesses such as the (b) SCHEDULE FOR PHASE-OUT OF WAITING ‘‘(2) For purposes of identifying life- common cold or the flu can be deadly PERIOD.—Section 226 of the Social Security threatening conditions under paragraph (1), for someone with PIDD. Act (42 U.S.C. 426) is amended by adding at the Secretary shall compile a list of condi- Because of advances in our medical the end the following new subsection: tions that are fatal without medical treat- understanding and treatment of pri- ‘‘(k) For purposes of subsection (b) (and ment. In compiling such list, the Secretary mary immune deficiency diseases, indi- for purposes of section 1837(g)(1) of this Act shall— viduals who in the past would not have and section 7(d)(2)(ii) of the Railroad Retire- ‘‘(A) consult with the Director of the Na- ment Act of 1974), the term ‘waiting period’ tional Institutes of Health (including the Of- survived childhood are now able to live means— fice of Rare Diseases), the Director of the nearly normal lives. While there is still ‘‘(1) for 2010, 18 months; Centers for Disease Control and Prevention, no cure for PIDD, there are effective ‘‘(2) for 2011, 16 months; the Director of the National Science Founda- treatments available. Nearly 70 percent

VerDate Mar 15 2010 12:05 Aug 01, 2011 Jkt 079102 PO 00000 Frm 00056 Fmt 0686 Sfmt 0634 E:\BR09\S25MR9.002 S25MR9 erowe on DSK5CLS3C1PROD with BOUND RECORD March 25, 2009 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 7 8559 of primary immune deficient patients Modell Foundation, the Clinical Immu- term care insurance to employees use intravenous immunoglobulin, IVIG, nology Society, and the National Pa- under FSAs and cafeteria plans. This to maintain their health. tient Advocate Foundation. means employees would be permitted Immunoglobulin is a naturally occur- I hope all my colleagues can support to pay for qualified long-term care in- ring collection of highly specialized this legislation to help patients, physi- surance premiums on a tax-free basis. proteins, known as antibodies, which cians, caretakers, researchers, and This would make it easier for employ- strengthen the body’s immune re- plasma donors. ees to purchase long-term care insur- sponse. It is derived from human plas- ance, which many find unaffordable. ma donations and is administered in- By Mr. GRASSLEY (for himself, This should also encourage younger in- travenously to the patient every three Mrs. LINCOLN, Ms. SNOWE, Mr. dividuals to purchase long-term care to four weeks. ENSIGN, Ms. COLLINS, Ms. KLO- insurance. The younger the person is at Currently, Medicare beneficiaries BUCHAR, and Mr. GRAHAM): the time the long-care insurance con- needing IVIG treatments are experi- S. 702. A bill to amend the Internal tract is purchased, the lower the insur- encing access problems. This is an un- Revenue Code of 1986 to allow long- ance premium. intended result of the way Medicare term care insurance to be offered under An aging Nation has no time to waste has determined the payment for IVIG. cafeteria plans and flexible spending in preparing for long-term care, and In January 2005, the Medicare Mod- arrangements and to provide additional the need to help people afford long- ernization Act changed the way physi- consumer protections for long-term term care is more pressing than ever. I cians and hospital outpatient depart- care insurance; to the Committee on look forward to working with Senators ments were paid under Medicare. The Finance. LINCOLN, SNOWE, ENSIGN, COLLINS, KLO- law reduced IVIG reimbursement rates Mr. GRASSLEY. Mr. President, at BUCHAR, GRAHAM and all of our Senate so most physicians in outpatient set- 2:30 today, the Senate Finance Com- colleagues toward enacting the Long- tings could no longer afford to treat mittee, Subcommittee on Health Care, Term Care Affordability and Security Medicare patients requiring IVIG. Ac- held a hearing entitled The Role of Act of 2009. cess to home based infusion therapy is Long-Term Care in Health Reform. In Mr. President, I ask unanimous con- limited since Medicare currently pays conjunction with the Subcommittee sent that the text of the bill be printed for the cost of IVIG, but not for the hearing, my colleagues Senators LIN- in the RECORD. There being no objection, the text of nursing services or supplies required COLN, SNOWE, ENSIGN, COLLINS, KLO- the bill was ordered to be printed in for infusion. BUCHAR, GRAHAM and I wanted to take the RECORD, as follows: As a result, patients are experiencing the opportunity to introduce the Long- delays in receiving critically-needed Term Care Affordability and Security S. 702 treatment and are being shifted to Act of 2009. Be it enacted by the Senate and House of Rep- Our Nation is graying. Research resentatives of the United States of America in more expensive care settings such as Congress assembled, shows that the elderly population will inpatient hospitals. In April 2007, the SECTION 1. SHORT TITLE. U.S. Department of Health and Human nearly double by 2030. By 2050, the pop- This Act may be cited as the ‘‘Long-Term Services Office of the Inspector Gen- ulation of those aged 85 and older will Care Affordability and Security Act of 2009’’. eral, OIG, reported that Medicare reim- have grown by more than 300 percent. SEC. 2. TREATMENT OF PREMIUMS ON QUALI- bursement for IVIG was inadequate to Research also shows that the average FIED LONG-TERM CARE INSURANCE cover the cost many providers must age at which individuals need long- CONTRACTS. term care services, such as home (a) IN GENERAL.— pay for the product. In fact, the OIG (1) CAFETERIA PLANS.—The last sentence of found that 44 percent of hospitals and health care or a private room at a section 125(f) of the Internal Revenue Code of 41 percent of physicians were unable to nursing home, is 75. Currently, the av- 1986 (defining qualified benefits) is amended purchase IVIG at the Medicare reim- erage annual cost for a private room at by inserting before the period at the end ‘‘; bursement rate during the 3rd quarter a nursing home is more than $75,000. except that such term shall include the pay- of 2006. The previous quarter was even This cost is expected to be in excess of ment of premiums for any qualified long- worse—77.2 percent of hospitals and 96.5 $140,000 by 2030. term care insurance contract (as defined in percent of physicians were unable to Based on these facts, we can see that section 7702B) to the extent the amount of our Nation needs to prepare its citizens such payment does not exceed the eligible purchase IVIG at the Medicare reim- long-term care premiums (as defined in sec- bursement rate. for the challenges they may face in old- tion 213(d)(10)) for such contract’’. We have an opportunity to fix this age. One way to prepare for these chal- (2) FLEXIBLE SPENDING ARRANGEMENTS.— very real problem with a compas- lenges is by encouraging more Ameri- Section 106 of such Code (relating to con- sionate and common sense solution. I cans to obtain long-term care insur- tributions by an employer to accident and believe we can improve the quality of ance coverage. To date, only 10 percent health plans) is amended by striking sub- life for PIDD patients and cut inpa- of seniors have long-term care insur- section (c) and redesignating subsections (d) tient expenses by improving reimburse- ance policies, and only 7 percent of all and (e) as subsections (c) and (d), respec- tively. ment procedures for IVIG treatments private-sector employees are offered (b) CONFORMING AMENDMENTS.— for physicians and outpatient facilities long-term care insurance as a vol- (1) Section 6041 of such Code is amended by and allowing for home treatments and untary benefit. adding at the end the following new sub- coverage for related services. Under current law, employees may section: That is why, today, I am introducing pay for certain health-related benefits, ‘‘(h) FLEXIBLE SPENDING ARRANGEMENT DE- the Medicare IVIG Access Act, with which may include health insurance FINED.—For purposes of this section, a flexi- ble spending arrangement is a benefit pro- Senators ALEXANDER, WYDEN, WHITE- premiums, co-pays, and disability or gram which provides employees with cov- HOUSE, and BROWNBACK, to authorize life insurance, on a pre-tax basis under erage under which— the Secretary of Health and Human cafeteria plans and flexible spending ‘‘(1) specified incurred expenses may be re- Services to update the payment for arrangements, FSAs. Essentially, an imbursed (subject to reimbursement maxi- IVIG, based on new or existing data, employee may elect to reduce his or mums and other reasonable conditions), and and to provide coverage for related her annual salary to pay for these ben- ‘‘(2) the maximum amount of reimburse- items and services currently excluded efits, and the employee does not pay ment which is reasonably available to a par- from the existing Medicare home infu- taxes on the amounts used to pay these ticipant for such coverage is less than 500 sion therapy benefit. This bill is en- costs. Employees, however, are explic- percent of the value of such coverage. dorsed by several national organiza- itly prohibited from paying for the cost In the case of an insured plan, the maximum amount reasonably available shall be deter- tions from the patient and physician of long-term care insurance coverage mined on the basis of the underlying cov- communities, including the Immune tax-free. erage.’’. Deficiency Foundation, GBS/CIDP Our bill would allow employers, for (2) The following sections of such Code are Foundation International, the Jeffrey the first time, to offer qualified long- each amended by striking ‘‘section 106(d)’’

VerDate Mar 15 2010 12:05 Aug 01, 2011 Jkt 079102 PO 00000 Frm 00057 Fmt 0686 Sfmt 0634 E:\BR09\S25MR9.002 S25MR9 erowe on DSK5CLS3C1PROD with BOUND RECORD 8560 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 7 March 25, 2009 and inserting ‘‘section 106(c)’’: sections tion of Insurance Commissioners (as adopted proval of the Overseas Private Invest- 223(b)(4)(B), 223(d)(4)(C), 223(f)(3)(B), as of December 2006). ment Corporation Reauthorization Act 3231(e)(11), 3306(b)(18), 3401(a)(22), 4973(g)(1), ‘‘(iii) COORDINATION.—Any provision of the of 2009, a bill to reauthorize a vital U.S. and 4973(g)(2)(B)(i). model regulation or model Act listed under Government agency that has assisted (3) Section 6041(f)(1) of such Code is amend- clause (i) or (ii) of subparagraph (A) shall be ed by striking ‘‘(as defined in section treated as including any other provision of U.S. businesses and promoted projects 106(c)(2))’’. such regulation or Act necessary to imple- in support of our foreign policy inter- (4) Section 26(b)(2)(S) of such Code is ment the provision. ests since 1971. This legislation reau- amended by striking ‘‘106(e)(3)(A)(ii)’’ and in- ‘‘(iv) DETERMINATION.—For purposes of this thorizes the Overseas Private Invest- serting ‘‘106(d)(3)(A)(ii)’’. section and section 4980C, the determination ment Corporation, OPIC, for 4 years. (5) Section 223(c)(1)(B)(iii)(II) of such Code of whether any requirement of the model OPIC is an independent U.S. agency is amended by striking ‘‘section 106(e)’’ and regulation or the model Act has been met whose mission is to mobilize U.S. pri- inserting ‘‘section 106(d)’’. shall be made by the Secretary.’’. vate sector investment in poorer coun- (c) EFFECTIVE DATE.—The amendments (b) EXCISE TAX.—Paragraph (1) of section made by this section shall apply to taxable 4980C(c) of the Internal Revenue Code of 1986 tries to facilitate their economic and years beginning after December 31, 2008. (relating to requirements of model provi- social development. It provides U.S. SEC. 3. ADDITIONAL CONSUMER PROTECTIONS sions) is amended to read as follows: companies with financing—from large FOR LONG-TERM CARE INSURANCE. ‘‘(1) REQUIREMENTS OF MODEL PROVISIONS.— structured finance to small business (a) ADDITIONAL PROTECTIONS APPLICABLE ‘‘(A) MODEL REGULATION.—The following loans, political risk insurance, and in- TO LONG-TERM CARE INSURANCE.—Subpara- requirements of the model regulation must vestment funds. graphs (A) and (B) of section 7702B(g)(2) of be met: OPIC operates at no net cost to tax- the Internal Revenue Code of 1986 (relating ‘‘(i) Section 9 (relating to required disclo- sure of rating practices to consumer). payers: OPIC charges market-based to requirements of model regulation and fees for its products and operates on a Act) are amended to read as follows: ‘‘(ii) Section 14 (relating to application ‘‘(A) IN GENERAL.—The requirements of forms and replacement coverage). self-sustaining basis. Over its 38-year this paragraph are met with respect to any ‘‘(iii) Section 15 (relating to reporting re- history, OPIC projects have generated contract if such contract meets— quirements). more than $72 billion in U.S. exports ‘‘(i) MODEL REGULATION.—The following re- ‘‘(iv) Section 22 (relating to filing require- and supported more than 273,000 Amer- quirements of the model regulation: ments for marketing). ican jobs while supporting over $188 bil- ‘‘(I) Section 6A (relating to guaranteed re- ‘‘(v) Section 23 (relating to standards for lion worth of investments that have newal or noncancellability), other than para- marketing), including inaccurate completion of medical histories, other than paragraphs helped developing countries generate graph (5) thereof, and the requirements of almost $15 billion in host-government section 6B of the model Act relating to such (1), (6), and (9) of section 23C. section 6A. ‘‘(vi) Section 24 (relating to suitability). revenues leading to over 821,000 host- ‘‘(II) Section 6B (relating to prohibitions ‘‘(vii) Section 27 (relating to the right to country jobs. on limitations and exclusions) other than reduce coverage and lower premiums). OPIC’s financing and political risk paragraph (7) thereof. ‘‘(viii) Section 31 (relating to standard for- insurance help U.S. businesses, particu- ‘‘(III) Section 6C (relating to extension of mat outline of coverage). larly small- and medium-sized enter- benefits). ‘‘(ix) Section 32 (relating to requirement to prises, to compete in emerging mar- ‘‘(IV) Section 6D (relating to continuation deliver shopper’s guide). kets and meet the challenges of invest- or conversion of coverage). The requirements referred to in clause (vi) ing overseas when private sector sup- ‘‘(V) Section 6E (relating to discontinuance shall not include those portions of the per- port is not available. OPIC promotes and replacement of policies). sonal worksheet described in Appendix B re- ‘‘(VI) Section 7 (relating to unintentional lating to consumer protection requirements U.S. best practices by requiring that lapse). not imposed by section 4980C or 7702B. projects adhere to international labor ‘‘(VII) Section 8 (relating to disclosure), ‘‘(B) MODEL ACT.—The following require- standards. other than sections 8F, 8G, 8H, and 8I there- ments of the model Act must be met: OPIC also engages in critical foreign of. ‘‘(i) Section 6F (relating to right to re- policy areas. It is implementing major ‘‘(VIII) Section 11 (relating to prohibitions turn). projects in the Middle East, including against post-claims underwriting). ‘‘(ii) Section 6G (relating to outline of cov- Jordan, the West Bank, and Lebanon. ‘‘(IX) Section 12 (relating to minimum erage). In Africa, OPIC has established a new standards). ‘‘(iii) Section 6H (relating to requirements ‘‘(X) Section 13 (relating to requirement to for certificates under group plans). investment fund that will mobilize $1.6 offer inflation protection). ‘‘(iv) Section 6J (relating to policy sum- billion of private investment in Africa ‘‘(XI) Section 25 (relating to prohibition mary). towards health care, housing, tele- against preexisting conditions and proba- ‘‘(v) Section 6K (relating to monthly re- communications and small businesses. tionary periods in replacement policies or ports on accelerated death benefits). The agency also gives preferential con- certificates). ‘‘(vi) Section 7 (relating to incontestability sideration to projects supported by ‘‘(XII) The provisions of section 28 relating period). small businesses. It has even estab- to contingent nonforfeiture benefits, if the ‘‘(vii) Section 9 (relating to producer train- lished a separate department to focus policyholder declines the offer of a nonfor- ing requirements). on small business financing. An over- feiture provision described in paragraph (4) ‘‘(C) DEFINITIONS.—For purposes of this of this subsection. paragraph, the terms ‘model regulation’ and whelming majority of projects sup- ‘‘(ii) MODEL ACT.—The following require- ‘model Act’ have the meanings given such ported by OPIC involved small busi- ments of the model Act: terms by section 7702B(g)(2)(B).’’. ness—87 percent in fiscal year 2006. ‘‘(I) Section 6C (relating to preexisting (c) EFFECTIVE DATE.—The amendments This is up from 24 percent in fiscal year conditions). made by this section shall apply to policies 1997. ‘‘(II) Section 6D (relating to prior hos- issued more than 1 year after the date of the The bill incorporates several impor- pitalization). enactment of this Act. tant aspects, including: strengthening ‘‘(III) The provisions of section 8 relating to contingent nonforfeiture benefits, if the By Mr. KERRY (for himself, Mr. the rights of workers overseas, and policyholder declines the offer of a nonfor- LUGAR, Mr. KAUFMAN, and Mr. strengthening transparency require- feiture provision described in paragraph (4) MENENDEZ): ments to ensure NGOs and other inter- of this subsection. S. 705. A bill to reauthorize the pro- ested groups have sufficient notice and ‘‘(B) DEFINITIONS.—For purposes of this grams of the Overseas Private Invest- information about potential OPIC-sup- paragraph— ment Corporation, and for other pur- ported projects. ‘‘(i) MODEL REGULATION.—The term ‘model poses; to the Committee on Foreign We all are aware of the unfortunate regulation’ means the long-term care insur- Relations. history associated with extractive in- ance model regulation promulgated by the dustry projects and developing coun- National Association of Insurance Commis- Mr. KERRY. Mr. President, I rise to sioners (as adopted as of December 2006). support the Overseas Private Invest- tries. Our bill ensures that OPIC ‘‘(ii) MODEL ACT.—The term ‘model Act’ ment Corporation Reauthorization Act projects will conform to principles and means the long-term care insurance model of 2009. Along with Senators LUGAR, standards developed by the Extractive Act promulgated by the National Associa- KAUFMAN and MENENDEZ, I ask for ap- Industry Transparency Initiative. The

VerDate Mar 15 2010 12:05 Aug 01, 2011 Jkt 079102 PO 00000 Frm 00058 Fmt 0686 Sfmt 0634 E:\BR09\S25MR9.002 S25MR9 erowe on DSK5CLS3C1PROD with BOUND RECORD March 25, 2009 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 7 8561 transparency for extraction invest- eral Government. Witnesses testified to performance evaluations, pay, or bene- ments is a new subsection created by the benefits of increased telework op- fits. This bill also holds agencies ac- the bill to ensure that countries with portunities within the Federal work- countable by requiring the submission extractive industry projects will put in force, including lower vehicle emis- of telework data to OPM. OPM is then place functioning systems to allow ac- sions associated with commuting, bet- responsible for submitting an annual curate accounting, regular independent ter work-life balance, reduced overhead report to Congress, which summarizes audits and broader accountability. Ul- costs for agencies, and increased trust the telework data and reports on the timately, this will be an important and communication between employees progress of each agency in achieving tool for preventing fraud, bribery and and their managers. its telework goals. corruption in host countries with ex- Expanding telework options helps the I am proud to join Senator VOINOVICH tractive projects. Federal Government attract and retain in introducing the Telework Enhance- This legislation will also ensure talented employees. With a large por- ment Act of 2009. We must make sure greater transparency for how the Cor- tion of the Federal workforce eligible agencies have the tools necessary to poration operates. It directs OPIC to for retirement in the coming years, it make the Federal Government an em- provide more detailed information in is essential for agencies to develop ployer of choice in the twenty-first advance about potential projects so management tools to enhance recruit- century; enhancing telework options NGOs and other groups can determine ment and retention. This bill would will further that goal. I urge my col- their impact. The bill ensures that provide Federal agencies with an im- leagues to support this legislation NGOs and other interested groups will portant tool to remain competitive in Mr. President, I ask unanimous con- have adequate notice and information the modern workplace and would offer sent that the text of the bill be printed about potential OPIC-supported a flexible option for human capital in the RECORD. projects, prior to Board meeting votes management. There being no objection, the text of on OPIC assistance. Despite these benefits, witnesses also the bill was ordered to be printed in I would like to reiterate that OPIC is testified that many agencies hesitate the RECORD, as follows: an important foreign policy tool that to implement broad telework pro- S. 707 encourages U.S. private sector compa- grams. The witnesses cite agency lead- Be it enacted by the Senate and House of Rep- nies to invest in poorer countries and ership and management resistance as resentatives of the United States of America in improve their economic and social de- the greatest barriers to the develop- Congress assembled, velopment. I want to make sure OPIC ment of robust telework policies. Even SECTION 1. SHORT TITLE. can continue to do its good work, but I the head of the Patent and Trademark This Act may be cited as the ‘‘Telework also want to ensure that OPIC adheres Office acknowledged that without his Enhancement Act of 2009’’. to the highest labor and environmental persistent leadership and commitment SEC. 2. DEFINITIONS. standards, incorporates stringent ac- to telework, the PTO would not have In this Act: countability measures towards extrac- the beneficial program that it does (1) EMPLOYEE.—The term ‘‘employee’’ has tive industry projects, and promotes a today. the meaning given that term under section 2105 of title 5, United States Code. green investment agenda. In the past, Congress has approved provisions in appropriations bills to en- (2) EXECUTIVE AGENCY.—Except as provided In conclusion, I urge my colleagues in section 7, the term ‘‘executive agency’’ to approve the Overseas Private Invest- hance telework opportunities within has the meaning given that term under sec- ment Corporation Reauthorization Act the Federal Government and encour- tion 105 of title 5, United States Code. of 2009 and join in this effort. aged agencies to implement com- (3) TELEWORK.—The term ‘‘telework’’ prehensive telework programs. How- means a work arrangement in which an em- By Mr. AKAKA (for himself and ever, Congress has not approved an au- ployee performs officially assigned duties at Mr. VOINOVICH): thorization bill to make all Federal home or other worksites geographically con- S. 707. A bill to enhance the Federal employees presumptively eligible to venient to the residence of the employee. Telework Program; to the Committee telework unless an employing agency SEC. 3. EXECUTIVE AGENCIES TELEWORK RE- QUIREMENT. on Homeland Security and Govern- expressly determined otherwise. Last (a) TELEWORK ELIGIBILITY.—Not later than mental Affairs. Congress I offered an amendment in 180 days after the date of enactment of this Mr. AKAKA. Mr. President, today I the nature of a substitute to S. 1000, a Act, the head of each executive agency introduce the Telework Enhancement telework bill introduced by Senators shall— Act of 2009 to allow greater workplace Stevens and LANDRIEU. My amendment (1) establish a policy under which eligible flexibility for Federal workers and was adopted by the Committee on employees of the agency may be authorized agencies. I am pleased to be joined in Homeland Security and Governmental to telework; this effort by my good friend, Senator Affairs and the amended bill was re- (2) determine the eligibility for all employ- ees of the agency to participate in telework; GEORGE VOINOVICH. ported on the floor of the Senate. Flexible work arrangements referred and The Telework Enhancement Act of (3) notify all employees of the agency of to generally as ‘‘telework’’ have 2009 builds on those efforts by laying their eligibility to telework. emerged as an important part of Fed- the groundwork for robust telework (b) PARTICIPATION.—The policy described eral agencies’ management tools and policies in each executive agency. The under subsection (a) shall— continuity of operations plans during Office of Personnel Management, OPM, (1) ensure that telework does not diminish emergencies, allowing employees to would work with agencies to provide employee performance or agency operations; work from home or a remote location. guidance and consultation on telework (2) require a written agreement that— As the Internet and technologies have policies and goals. A Telework Man- (A) is entered into between an agency man- advanced and become integrated into ager and an employee authorized to aging Officer, TMO, would also be cre- telework, that outlines the specific work ar- the modern work environment, oppor- ated within each agency. The TMO’s rangement that is agreed to; and tunities for employees to securely and primary responsibilities would be to (B) is mandatory in order for any employee efficiently perform their official duties monitor and develop agency telework to participate in telework; from a remote location also have ex- policies, and act as a resource for em- (3) provide that an employee may not be panded. ployees and managers on telework authorized to telework if the performance of Last Congress, as Chairman of the issues. that employee does not comply with the Subcommittee on Oversight of Govern- This bill does more than provide terms of the written agreement between the ment Management, the Federal Work- guidelines for the development of ro- agency manager and that employee; (4) except in emergency situations as de- force, and the District of Columbia, I bust telework policies; it prohibits dis- termined by the head of an agency, not apply joined Ranking Member VOINOVICH in crimination against employees who to any employee of the agency whose official holding a hearing to assess telework chose to telework, guaranteeing those duties require on a daily basis (every work policies and initiatives within the Fed- employees will not be disadvantaged in day)—

VerDate Mar 15 2010 12:05 Aug 01, 2011 Jkt 079102 PO 00000 Frm 00059 Fmt 0686 Sfmt 0634 E:\BR09\S25MR9.002 S25MR9 erowe on DSK5CLS3C1PROD with BOUND RECORD 8562 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 7 March 25, 2009 (A) direct handling of secure materials; or (2) include on that website related— (ii) the number and percent of employees (B) on-site activity that cannot be handled (A) telework links; in the agency who are eligible to telework; remotely or at an alternate worksite; and (B) announcements; and (5) be incorporated as part of the con- (C) guidance developed by the Office of (iii) the number and percent of eligible em- tinuity of operations plans of the agency in Personnel Management; and ployees in the agency who are teleworking— the event of an emergency. (D) guidance submitted by the Federal (I) 3 or more days per pay period; SEC. 4. TRAINING AND MONITORING. Emergency Management Agency, and the (II) 1 or 2 days per pay period; (a) IN GENERAL.—The head of each execu- General Services Administration to the Of- (III) once per month; and tive agency shall ensure that— fice of Personnel Management not later than (IV) on an occasional, episodic, or short- (1) an interactive telework training pro- 10 business days after the date of submission. term basis; gram is provided to— SEC. 6. TELEWORK MANAGING OFFICER. (B) the method for gathering telework data (A) employees eligible to participate in the (a) IN GENERAL.— in each agency; telework program of the agency; and (1) DESIGNATION.—The head of each execu- (C) if the total number of employees tele- (B) all managers of teleworkers; tive agency shall designate an employee of working is 10 percent higher or lower than (2) except as provided under subsection (b), the agency as the Telework Managing Offi- the previous year in any agency, the reasons an employee has successfully completed the cer. The Telework Managing Officer shall be for the positive or negative variation; interactive telework training program before established within the Office of the Chief (D) the agency goal for increasing partici- that employee enters into a written agree- Human Capital Officer or a comparable office pation to the extent practicable or necessary ment to telework described under section with similar functions. for the next reporting period, as indicated by 3(b)(2); (2) TELEWORK COORDINATORS.— the percent of eligible employees tele- (3) no distinction is made between tele- (A) APPROPRIATIONS ACT, 2004.—Section 627 working in each frequency category de- workers and nonteleworkers for purposes of the Departments of Commerce, Justice, scribed under subparagraph (A)(iii); of— and State, the Judiciary, and Related Agen- (E) an explanation of whether or not the (A) periodic appraisals of job performance cies Appropriations Act, 2004 (Public Law agency met the goals for the last reporting of employees; 108–199; 118 Stat. 99) is amended by striking period and, if not, what actions are being (B) training, rewarding, reassigning, pro- ‘‘designate a ‘Telework Coordinator’ to be’’ taken to identify and eliminate barriers to moting, reducing in grade, retaining, and re- and inserting ‘‘designate a Telework Man- maximizing telework opportunities for the moving employees; aging Officer to be’’. next reporting period; (C) work requirements; or (B) APPROPRIATIONS ACT, 2005.—Section 622 (F) an assessment of the progress each (D) other acts involving managerial discre- of the Departments of Commerce, Justice, agency has made in meeting agency partici- tion; and and State, the Judiciary, and Related Agen- pation rate goals during the reporting pe- (4) when determining what constitutes di- cies Appropriations Act, 2005 (Public Law riod, and other agency goals relating to minished employee performance, the agency 108–447; 118 Stat. 2919) is amended by striking telework, such as the impact of telework shall consult the established performance ‘‘designate a ‘Telework Coordinator’ to be’’ on— management guidelines of the Office of Per- and inserting ‘‘designate a Telework Man- (i) emergency readiness; sonnel Management. aging Officer to be’’. (ii) energy use; (b) TRAINING REQUIREMENT EXEMPTIONS.— (b) DUTIES.—The Telework Managing Offi- (iii) recruitment and retention; The head of an executive agency may provide cer shall— (iv) performance; for an exemption from the training require- (1) be devoted to policy development and (v) productivity; and ments under subsection (a), if the head of implementation related to agency telework (vi) employee attitudes and opinions re- that agency determines that the training programs; garding telework; and would be unnecessary because the employee (2) serve as— (G) the best practices in agency telework is already teleworking under a work arrange- (A) an advisor for agency leadership, in- programs. ment in effect before the date of enactment cluding the Chief Human Capital Officer; (c) COMPTROLLER GENERAL REPORTS.— of this Act. (B) a resource for managers and employees; (1) REPORT ON GOVERNMENT ACCOUNTABILITY SEC. 5. POLICY AND SUPPORT. (C) a primary agency point of contact for OFFICE TELEWORK PROGRAM.— (a) AGENCY CONSULTATION WITH THE OFFICE the Office of Personnel Management on (A) IN GENERAL.—Not later than 18 months OF PERSONNEL MANAGEMENT.—Each execu- telework matters; and after the date of enactment of this Act and tive agency shall consult with the Office of (3) perform other duties as the applicable on an annual basis thereafter, the Comp- Personnel Management in developing delegating authority may assign. troller General shall submit a report ad- telework policies. SEC. 7. REPORTS. dressing the telework program of the Gov- (b) GUIDANCE AND CONSULTATION.—The Of- (a) DEFINITION.—In this section, the term ernment Accountability Office to— fice of Personnel Management shall— ‘‘executive agency’’ shall not include the (i) the Committee on Homeland Security (1) provide policy and policy guidance for Government Accountability Office. and Governmental Affairs of the Senate; and telework in the areas of pay and leave, agen- (b) REPORTS BY THE OFFICE OF PERSONNEL (ii) the Committee on Oversight and Gov- cy closure, performance management, offi- MANAGEMENT.— ernment Reform of the House of Representa- cial worksite, recruitment and retention, (1) SUBMISSION OF REPORTS.—Not later than tives. and accommodations for employees with dis- 18 months after the date of enactment of this (B) CONTENTS.—Each report submitted by abilities; Act and on an annual basis thereafter, the the Comptroller General shall include the (2) assist each agency in establishing ap- Director of the Office of Personnel Manage- same information as required under sub- propriate qualitative and quantitative meas- ment, in consultation with Chief Human section (b) applicable to the Government Ac- ures and teleworking goals; and Capital Officers Council, shall— countability Office. (3) consult with— (A) submit a report addressing the (2) REPORT TO CONGRESS ON OFFICE OF PER- (A) the Federal Emergency Management telework programs of each executive agency SONNEL MANAGEMENT REPORT.—Not later Agency on policy and policy guidance for to— than 6 months after the submission of the telework in the areas of continuation of op- (i) the Committee on Homeland Security first report to Congress required under sub- erations and long-term emergencies; and and Governmental Affairs of the Senate; and section (b), the Comptroller General shall re- (B) the General Services Administration on (ii) the Committee on Oversight and Gov- view that report required under subsection policy and policy guidance for telework in ernment Reform of the House of Representa- (b) and submit a report to Congress on the the areas of telework centers, travel, tech- tives; and progress each executive agency has made to- nology, equipment, and dependent care. (B) transmit a copy of the report to the wards the goals established under section (c) CONTINUITY OF OPERATIONS PLANS.— Comptroller General and the Office of Man- 5(b)(2). (1) INCORPORATION INTO CONTINUITY OF OP- agement and Budget. (d) CHIEF HUMAN CAPITAL OFFICER RE- ERATIONS PLANS.—Each executive agency (2) CONTENTS.—Each report submitted PORTS.— shall incorporate telework into the con- under this subsection shall include— (1) IN GENERAL.—Each year the Chief tinuity of operations plan of that agency. (A) the degree of participation by employ- Human Capital Officer of each executive (2) CONTINUITY OF OPERATIONS PLANS SUPER- ees of each executive agency in teleworking agency, in consultation with the Telework SEDE TELEWORK POLICY.—During any period during the period covered by the report, (and Managing Officer of that agency, shall sub- that an executive agency is operating under for each executive agency whose head is re- mit a report to the Chair and Vice Chair of a continuity of operations plan, that plan ferred to under section 5312 of title 5, United the Chief Human Capital Officers Council on shall supersede any telework policy. States Code, the degree of participation in agency management efforts to promote (d) TELEWORK WEBSITE.—The Office of Per- each bureau, division, or other major admin- telework. sonnel Management shall— istrative unit of that agency), including— (2) REVIEW AND INCLUSION OF RELEVANT IN- (1) maintain a central telework website; (i) the total number of employees in the FORMATION.—The Chair and Vice Chair of the and agency; Chief Human Capital Officers Council shall—

VerDate Mar 15 2010 12:05 Aug 01, 2011 Jkt 079102 PO 00000 Frm 00060 Fmt 0686 Sfmt 0634 E:\BR09\S25MR9.002 S25MR9 erowe on DSK5CLS3C1PROD with BOUND RECORD March 25, 2009 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 7 8563 (A) review the reports submitted under ‘‘5711. Authority for telework travel expenses human capital planning, establishes a paragraph (1); test programs.’’. level playing field for employees who (B) include relevant information from the Mr. VOINOVICH. Mr. President, I am voluntarily elect to telework, and im- submitted reports in the annual report to pleased to join my good friend and proves program accountability. Congress required under subsection (b); and partner on human capital issues, Sen- (C) use that relevant information for other According to the most recent OPM ator DANIEL K. AKAKA, in introducing purposes related to the strategic manage- survey on Federal human capital, only ment of human capital. the Telework Enhancement Act of 2009. 22 percent of employees when asked SEC. 8. AUTHORITY FOR TELEWORK TRAVEL EX- One of my top priorities as a Senator about work/life and family friendly PENSES TEST PROGRAMS. has been to transform the culture of benefits said that they were satisfied (a) IN GENERAL.—Chapter 57 of title 5, the Federal workforce, something I with current telework/telecommuting United States Code, is amended by inserting conscientiously undertook with the opportunities. Another 37 percent re- after section 5710 the following: city and State workforces as Mayor of sponded that they had no basis to ‘‘§ 5711. Authority for telework travel ex- Cleveland and Governor of Ohio. I judge. Even though teleworking has in- penses test programs know that investing in our workforce creased since OPM began reporting in ‘‘(a)(1) Notwithstanding any other provi- pays off. 2001, participation is far short of what sion of this subchapter, under a test program We have an aging workforce that has which the Administrator of General Services it should be and what the Federal determines to be in the interest of the Gov- difficulty attracting young people to workforce needs if our government is ernment and approves, an employing agency public service careers. The image of to remain an employer of choice. While may pay through the proper disbursing offi- the public sector can be bureaucratic— most Federal agencies have made cial any necessary travel expenses in lieu of an impression that too often discour- progress, the overall number of tele- any payment otherwise authorized or re- ages young, creative college graduates. workers decreased by approximately quired under this subchapter for employees We must be able to recruit the best 15,000 employees between 2006 and 2007, participating in a telework program. An candidates, provide training and pro- agency shall include in any request to the according to the Office of Personnel Administrator for approval of such a test fessional development opportunities, Management. In addition, less than 8 program an analysis of the expected costs and reward good performance. percent of eligible Federal employees and benefits and a set of criteria for evalu- To compete as an employer of choice telework regularly. ating the effectiveness of the program. in the fast-paced 21st century knowl- I urge my colleagues to join Senator ‘‘(2) Any test program conducted under edge economy and improve our com- AKAKA and me in ensuring the Federal this section shall be designed to enhance petitiveness, we need to create an envi- Government better integrates telework cost savings or other efficiencies that accrue ronment that supports those with the to the Government. into its operational plans. ‘‘(3) Under any test program, if an agency desire and commitment to serve. Just employee voluntarily relocates from the pre- as other aspects of their lives have By Mr. AKAKA (for himself, Mr. existing duty station of that employee, the been informed by technology, we need INOUYE, Ms. MURKOWSKI, and Administrator may authorize the employing to acknowledge that this next genera- Mr. BEGICH): agency to establish a reasonable maximum tion will have different expectations of S 708. A bill to express the policy of number of occasional visits to the pre-exist- what it means to go to work. The the United States regarding the United ing duty station before that employee is eli- gible for payment of any accrued travel ex- growth of Web 2.0 hand held devices States relationship with Native Hawai- penses by that agency. makes it far more likely that working ians, to provide a process for the reor- ‘‘(4) Nothing in this section is intended to anytime from most anywhere will be ganization of a Native Hawaiian gov- limit the authority of any agency to conduct the new norm. ernment and the recognition by the test programs. As I stated in my 2000 report to the United States of the Native Hawaiian ‘‘(b) The Administrator shall transmit a President on the Crisis in Human Cap- government, and for other purposes; to copy of any test program approved by the ital, Federal agencies should enable as Administrator under this section, and the ra- the Committee on Indian Affairs. tionale for approval, to the appropriate com- many employees as possible to tele- Mr. AKAKA. Mr. President, today I, mittees of Congress at least 30 days before commute or participate in other types along with members of the Hawaii Con- the effective date of the program. of flexible workplace programs. Not gressional Delegation, introduce a ‘‘(c)(1) An agency authorized to conduct a only would this make Federal service modified version of the Native Hawai- test program under subsection (a) shall pro- more attractive to many employees, ian Government Reorganization Act of vide to the Administrator, the Telework especially parents of young children, it 2009. In order to address concerns that Managing Officer of that agency, and the ap- has the potential to reduce traffic con- have been raised, a new section prohib- propriate committees of Congress a report on the results of the program not later than 3 gestion and pollution in large metro- iting gaming has been included. With months after completion of the program. politan areas. According to the the exception of this one section, the ‘‘(2) The results in a report described under Telework Exchange, the average round resulting Senate bill and House bill paragraph (1) may include— trip commute is 50 miles, and com- preserve the language of S. 381 and ‘‘(A) the number of visits an employee muters spend an average of 264 hours H.R. 862, respectively; that were pre- makes to the pre-existing duty station of per year commuting. Looking at the viously introduced on February 4, 2009. that employee; Federal Government, if all Federal em- The legislation we introduce today is ‘‘(B) the travel expenses paid by the agen- cy; ployees who are eligible to telework the legislation we will seek to move ‘‘(C) the travel expenses paid by the em- full time were to do so, the Federal forward with toward enactment. ployee; or workforce could realize $13.9 billion I am not a proponent of gaming. Our ‘‘(D) any other information the agency de- savings in commuting costs annually legislation would not legalize gaming termines useful to aid the Administrator, and eliminate 21.5 billion pounds of pol- by Native Hawaiians or the Native Ha- Telework Managing Officer, and Congress in lutants out of the environment each waiian government in the State of Ha- understanding the test program and the im- year. Though more difficult to quan- waii, any other state, or the terri- pact of the program. ‘‘(d) No more than 10 test programs under tify, but equally important, is the im- tories. I reiterate to my colleagues, as this section may be conducted simulta- proved work/life balance which has a well as the people of this Nation that neously. positive effect on employee morale. An all forms of gambling are illegal in Ha- ‘‘(e) The authority to conduct test pro- additional reason that was made plain waii and the Native Hawaiian govern- grams under this section shall expire 7 years on September 11, 2001, is the need for a ment will be subject to all State and after the date of the enactment of the workforce that can be dispersed and de- Federal laws. The legislation we intro- Telework Enhancement Act of 2009.’’. centralized so that essential functions duce today with this added gaming pro- (b) TECHNICAL AND CONFORMING AMEND- MENT.—The table of sections for chapter 57 of can continue during an emergency. hibition provision simply clarifies our title 5, United States Code, is amended by in- The legislation we introduce today intent. serting after the item relating to section 5710 helps ensure that executive agencies Let me be clear for the record and for the following: better integrate telework into their my colleagues that this bill is not

VerDate Mar 15 2010 12:05 Aug 01, 2011 Jkt 079102 PO 00000 Frm 00061 Fmt 0686 Sfmt 0634 E:\BR09\S25MR9.002 S25MR9 erowe on DSK5CLS3C1PROD with BOUND RECORD 8564 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 7 March 25, 2009 about gaming. Rather it is about pro- as leaders from Indian country and ex- land, submerged lands, and the revenues de- viding Federal recognition to Native perts in constitutional law contributed rived from such lands, the assets of which Hawaiians so they may have the oppor- to this bill. These working groups en- have never been completely inventoried or tunity to enjoy the same government- sured that all parties that had exper- segregated. (9) Throughout the years, Native Hawai- to-government relationship with the tise and would work to implement the ians have repeatedly sought access to the U.S. provided to Alaska Natives and bill had an opportunity to participate Ceded Lands Trust and its resources and rev- American Indians. The indigenous peo- in the drafting process. enues in order to establish and maintain na- ple of Hawaii, Native Hawaiians, have Over the last 9 years there has been tive settlements and distinct native commu- not been extended the Federal policy of significant public input and congres- nities throughout the State. self-governance and self-determination. sional oversight. This bill benefits (10) The Hawaiian Home Lands and the The legislation provides parity and au- from the input received during the nine Ceded Lands provide an important founda- thorizes a process to federally recog- congressional hearings, including six tion for the ability of the Native Hawaiian community to maintain the practice of Na- nize Native Hawaiians. The legislation joint House Natural Resources Com- tive Hawaiian culture, language, and tradi- is consistent with Federal law and mittee and Senate Indian Affairs Com- tions, and for the survival of the Native Ha- maintains efforts by the U.S. Govern- mittee hearings, five of which were waiian people. ment and State of Hawaii to address held in Hawaii. The bill introduced (11) Native Hawaiians have maintained the unique needs of Native Hawaiians today provides a constitutionally other distinctly native areas in Hawaii. and empower them to perpetuate their sound foundation for us to build upon. (12) On November 23, 1993, Public Law 103– culture, language, and traditions. I encourage my colleagues to join Sen- 150 (107 Stat. 1510) (commonly known as the Apology Resolution) was enacted into law, The United States has committed ator INOUYE and me in enacting this itself to a process of reconciliation extending an apology on behalf of the United legislation. States to the Native people of Hawaii for the with the indigenous people of Hawaii. Mr. President, I ask unanimous con- United States role in the overthrow of the Recognizing and upholding this U.S. re- sent that the text of the bill be printed Kingdom of Hawaii. sponsibility for Native Hawaiians, the in the RECORD. (13) The Apology Resolution acknowledges legislation allows us to take the next There being no objection, the text of that the overthrow of the Kingdom of Hawaii necessary step in the reconciliation the bill was ordered to be printed in occurred with the active participation of process. The legislation does three the RECORD, as follows: agents and citizens of the United States and further acknowledges that the Native Hawai- things. First, it authorizes an Office S. 708 within the Department of Interior to ian people never directly relinquished their Be it enacted by the Senate and House of Rep- claims to their inherent sovereignty as a serve as a liaison between Native Ha- resentatives of the United States of America in people over their national lands to the waiians and the U.S. Second, it forms Congress assembled, United States, either through their mon- an Interagency Task Force cochaired SECTION 1. FINDINGS. archy or through a plebiscite or referendum. by the Departments of Interior and Congress makes the following findings: (14) The Apology Resolution expresses the Justice and comprised of officials from (1) The Constitution vests Congress with commitment of Congress and the President Federal agencies administering pro- the authority to address the conditions of to acknowledge the ramifications of the grams and services impacting Native the indigenous, native people of the United overthrow of the Kingdom of Hawaii and to Hawaiians. Third, it authorizes the States. support reconciliation efforts between the (2) Native Hawaiians, the native people of United States and Native Hawaiians; and to process for the reorganization of a Na- the Hawaiian archipelago which is now part have Congress and the President, through tive Hawaiian government for the pur- of the United States, are indigenous, native the President’s designated officials, consult poses of a federally recognized govern- people of the United States. with Native Hawaiians on the reconciliation ment-to-government relationship. Once (3) The United States has a special trust process as called for under the Apology Reso- the Native Hawaiian government is relationship to promote the welfare of the lution. recognized, the bill establishes an in- native people of the United States, including (15) Despite the overthrow of the Hawaiian clusive democratic negotiations proc- Native Hawaiians. government, Native Hawaiians have contin- ess representing both Native Hawaiians (4) Under the treaty making power of the ued to maintain their separate identity as a United States, Congress exercised its con- distinct native community through the for- and non-Native Hawaiians. There are stitutional authority to confirm a treaty be- mation of cultural, social, and political in- many checks and balances in this proc- tween the United States and the government stitutions, and to give expression to their ess and any agreements reached during that represented the Hawaiian people, and rights as native people to self-determination the negotiations process will require from 1826 until 1893, the United States recog- and self-governance as evidenced through implementing legislation at the State nized the independence of the Kingdom of their participation in the Office of Hawaiian and Federal levels. Hawaii, extended full diplomatic recognition Affairs. This legislation will go a long way to to the Hawaiian government, and entered (16) Native Hawaiians also maintain a dis- address issues present in my home into treaties and conventions with the Ha- tinct Native Hawaiian community through State. It is clear there are long- waiian monarchs to govern commerce and the provision of governmental services to navigation in 1826, 1842, 1849, 1875, and 1887. Native Hawaiians, including the provision of standing and unresolved issues result- (5) Pursuant to the provisions of the Ha- health care services, educational programs, ing from the 1893 U.S. overthrow of the waiian Homes Commission Act, 1920 (42 Stat. employment and training programs, chil- kingdom of Hawaii. Progress to address 108, chapter 42), the United States set aside dren’s services, conservation programs, fish these issues have been limited as there 203,500 acres of land in the Federal territory and wildlife protection, agricultural pro- has been no government-to-government that later became the State of Hawaii to ad- grams, native language immersion programs relationship to facilitate discussions or dress the conditions of Native Hawaiians. and native language immersion schools from implement agreements. However, with (6) By setting aside 203,500 acres of land for kindergarten through high school, as well as the structured process in the bill the Native Hawaiian homesteads and farms, the college and master’s degree programs in na- Act assists the Native Hawaiian community tive language immersion instruction, and people of Hawaii will be empowered to in maintaining distinct native settlements traditional justice programs, and by con- come together, resolve these issues, throughout the State of Hawaii. tinuing their efforts to enhance Native Ha- and move proudly forward together as (7) Approximately 6,800 Native Hawaiian waiian self-determination and local control. a State. lessees and their family members reside on (17) Native Hawaiians are actively engaged The bill remains the product of the Hawaiian Home Lands and approximately in Native Hawaiian cultural practices, tradi- dedicated and mindful work of the five 18,000 Native Hawaiians who are eligible to tional agricultural methods, fishing and sub- working groups that drafted the origi- reside on the Home Lands are on a waiting sistence practices, maintenance of cultural nal bill that passed the U.S. House of list to receive assignments of land. use areas and sacred sites, protection of bur- Representatives in 2000. Individuals (8) In 1959, as part of the compact admit- ial sites, and the exercise of their traditional ting Hawaii into the United States, Congress rights to gather medicinal plants and herbs, from the Native Hawaiian community, established the Ceded Lands Trust for 5 pur- and food sources. elected officials from the State of Ha- poses, 1 of which is the betterment of the (18) The Native Hawaiian people wish to waii, representatives from Federal conditions of Native Hawaiians. Such trust preserve, develop, and transmit to future Na- agencies, Members of Congress, as well consists of approximately 1,800,000 acres of tive Hawaiian generations their ancestral

VerDate Mar 15 2010 12:05 Aug 01, 2011 Jkt 079102 PO 00000 Frm 00062 Fmt 0686 Sfmt 0634 E:\BR09\S25MR9.002 S25MR9 erowe on DSK5CLS3C1PROD with BOUND RECORD March 25, 2009 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 7 8565 lands and Native Hawaiian political and cul- areas that later became part of the United (1) Native Hawaiians are a unique and dis- tural identity in accordance with their tradi- States. tinct aboriginal, indigenous, native people, tions, beliefs, customs and practices, lan- (2) ADULT MEMBERS.—The term ‘‘adult with whom the United States has a political guage, and social and political institutions, members’’ means those Native Hawaiians and legal relationship; and to achieve greater self-determination who have attained the age of 18 at the time (2) the United States has a special trust re- over their own affairs. the Secretary publishes the final roll, as pro- lationship to promote the welfare of Native (19) This Act provides for a process within vided in section 7(a)(3) of this Act. Hawaiians; the framework of Federal law for the Native (3) APOLOGY RESOLUTION.—The term ‘‘Apol- (3) Congress possesses the authority under Hawaiian people to exercise their inherent ogy Resolution’’ means Public Law 103–150 the Constitution to enact legislation to ad- rights as a distinct aboriginal, indigenous, (107 Stat. 1510), a joint resolution offering an dress the conditions of Native Hawaiians and native community to reorganize a Native apology to Native Hawaiians on behalf of the has exercised this authority through the en- Hawaiian government for the purpose of giv- United States for the participation of agents actment of— ing expression to their rights as native peo- of the United States in the January 17, 1893 (A) the Hawaiian Homes Commission Act, ple to self-determination and self-govern- overthrow of the Kingdom of Hawaii. 1920 (42 Stat. 108, chapter 42); ance. (4) CEDED LANDS.—The term ‘‘ceded lands’’ (B) the Act entitled ‘‘An Act to provide for (20) The United States has declared that— means those lands which were ceded to the the admission of the State of Hawaii into the (A) the United States has a special respon- United States by the Republic of Hawaii Union’’, approved March 18, 1959 (Public Law sibility for the welfare of the native peoples under the Joint Resolution to provide for an- 86–3; 73 Stat. 4); and of the United States, including Native Ha- nexing the Hawaiian Islands to the United (C) more than 150 other Federal laws ad- waiians; States of July 7, 1898 (30 Stat. 750), and which dressing the conditions of Native Hawaiians; (B) Congress has identified Native Hawai- were later transferred to the State of Hawaii (4) Native Hawaiians have— ians as a distinct indigenous group within in the Act entitled ‘‘An Act to provide for (A) an inherent right to autonomy in their the scope of its Indian affairs power, and has the admission of the State of Hawaii into the internal affairs; enacted dozens of statutes on their behalf Union’’ approved March 18, 1959 (Public Law (B) an inherent right of self-determination pursuant to its recognized trust responsi- 86–3; 73 Stat. 4). and self-governance; bility; and (5) COMMISSION.—The term ‘‘Commission’’ (C) the right to reorganize a Native Hawai- (C) Congress has also delegated broad au- means the commission established in section ian government; and thority to administer a portion of the Fed- 7 of this Act to certify that the adult mem- (D) the right to become economically self- eral trust responsibility to the State of Ha- bers of the Native Hawaiian community con- sufficient; and waii. tained on the roll developed under that sec- (5) the United States shall continue to en- (21) The United States has recognized and tion meet the definition of Native Hawaiian, gage in a process of reconciliation and polit- reaffirmed the special trust relationship as defined in paragraph (7)(A). ical relations with the Native Hawaiian peo- with the Native Hawaiian people through— (6) INDIGENOUS, NATIVE PEOPLE.—The term ple. (A) the enactment of the Act entitled ‘‘An ‘‘indigenous, native people’’ means the lineal (b) PURPOSE.—It is the intent of Congress Act to provide for the admission of the State descendants of the aboriginal, indigenous, that the purpose of this Act is to provide a of Hawaii into the Union’’, approved March native people of the United States. process for the reorganization of a Native 18, 1959 (Public Law 86–3; 73 Stat. 4) by— (7) NATIVE HAWAIIAN.— Hawaiian government and for the recogni- (i) ceding to the State of Hawaii title to (A) Prior to the recognition by the United tion by the United States of the Native Ha- the public lands formerly held by the United States of a Native Hawaiian government waiian government for purposes of con- States, and mandating that those lands be under the authority of section 7(d)(2) of this tinuing a government-to-government rela- held in public trust for 5 purposes, one of Act, the term ‘‘Native Hawaiian’’ means the tionship. which is for the betterment of the conditions indigenous, native people of Hawaii who are SEC. 4. ESTABLISHMENT OF THE UNITED STATES of Native Hawaiians; and the lineal descendants of the aboriginal, in- OFFICE FOR NATIVE HAWAIIAN AF- (ii) transferring the United States respon- digenous, native people who resided in the is- FAIRS. sibility for the administration of the Hawai- lands that now comprise the State of Hawaii (a) IN GENERAL.—There is established with- ian Home Lands to the State of Hawaii, but on or before January 1, 1893, and who occu- in the Office of the Secretary the United retaining the authority to enforce the trust, pied and exercised sovereignty in the Hawai- States Office for Native Hawaiian Affairs. including the exclusive right of the United ian archipelago, including the area that now (b) DUTIES OF THE OFFICE.—The United States to consent to any actions affecting constitutes the State of Hawaii, and includes States Office for Native Hawaiian Affairs the lands which comprise the corpus of the all Native Hawaiians who were eligible in shall— trust and any amendments to the Hawaiian 1921 for the programs authorized by the Ha- (1) effectuate and coordinate the special Homes Commission Act, 1920 (42 Stat. 108, waiian Homes Commission Act (42 Stat. 108, trust relationship between the Native Hawai- chapter 42) that are enacted by the legisla- chapter 42) and their lineal descendants. ian people and the United States through the ture of the State of Hawaii affecting the (B) Following the recognition by the Secretary, and with all other Federal agen- beneficiaries under the Act. United States of the Native Hawaiian gov- cies; (22) The United States continually has rec- ernment under section 7(d)(2) of this Act, the (2) upon the recognition of the Native Ha- ognized and reaffirmed that— term ‘‘Native Hawaiian’’ shall have the waiian government by the United States as (A) Native Hawaiians have a cultural, his- meaning given to such term in the organic provided for in section 7(d)(2) of this Act, ef- toric, and land-based link to the aboriginal, governing documents of the Native Hawaiian fectuate and coordinate the special trust re- native people who exercised sovereignty over government. lationship between the Native Hawaiian gov- the Hawaiian Islands; (8) NATIVE HAWAIIAN GOVERNMENT.—The ernment and the United States through the (B) Native Hawaiians have never relin- term ‘‘Native Hawaiian government’’ means Secretary, and with all other Federal agen- quished their claims to sovereignty or their the citizens of the government of the Native cies; sovereign lands; Hawaiian people that is recognized by the (3) fully integrate the principle and prac- (C) the United States extends services to United States under the authority of section tice of meaningful, regular, and appropriate Native Hawaiians because of their unique 7(d)(2) of this Act. consultation with the Native Hawaiian peo- status as the aboriginal, native people of a (9) NATIVE HAWAIIAN INTERIM GOVERNING ple by providing timely notice to, and con- once sovereign nation with whom the United COUNCIL.—The term ‘‘Native Hawaiian In- sulting with the Native Hawaiian people States has a political and legal relationship; terim Governing Council’’ means the interim prior to taking any actions that may affect and governing council that is organized under traditional or current Native Hawaiian prac- (D) the special trust relationship of Amer- section 7(c) of this Act. tices and matters that may have the poten- ican Indians, Alaska Natives, and Native Ha- (10) ROLL.—The term ‘‘roll’’ means the roll tial to significantly or uniquely affect Na- waiians to the United States arises out of that is developed under the authority of sec- tive Hawaiian resources, rights, or lands, and their status as aboriginal, indigenous, native tion 7(a) of this Act. upon the recognition of the Native Hawaiian people of the United States. (11) SECRETARY.—The term ‘‘Secretary’’ government as provided for in section 7(d)(2) means the Secretary of the Interior. of this Act, fully integrate the principle and SEC. 2. DEFINITIONS. (12) TASK FORCE.—The term ‘‘Task Force’’ practice of meaningful, regular, and appro- In this Act: means the Native Hawaiian Interagency priate consultation with the Native Hawai- (1) ABORIGINAL, INDIGENOUS, NATIVE PEO- Task Force established under the authority ian government by providing timely notice PLE.—The term ‘‘aboriginal, indigenous, na- of section 6 of this Act. to, and consulting with the Native Hawaiian tive people’’ means those people whom Con- people and the Native Hawaiian government gress has recognized as the original inhab- SEC. 3. UNITED STATES POLICY AND PURPOSE. prior to taking any actions that may have itants of the lands and who exercised sov- (a) POLICY.—The United States reaffirms the potential to significantly affect Native ereignty prior to European contact in the that— Hawaiian resources, rights, or lands;

VerDate Mar 15 2010 12:05 Aug 01, 2011 Jkt 079102 PO 00000 Frm 00063 Fmt 0686 Sfmt 0634 E:\BR09\S25MR9.002 S25MR9 erowe on DSK5CLS3C1PROD with BOUND RECORD 8566 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 7 March 25, 2009 (4) consult with the Native Hawaiian Inter- Force, and meetings of the Task Force shall of the Commission, the Secretary may agency Task Force, other Federal agencies, be convened at the request of either of the choose such members from among— and with relevant agencies of the State of lead agencies. (aa) five suggested candidates submitted Hawaii on policies, practices, and proposed (d) CO-CHAIRS.—The Task Force represent- by the Majority Leader of the Senate and the actions affecting Native Hawaiian resources, ative of the United States Office for Native Minority Leader of the Senate from a list of rights, or lands; Hawaiian Affairs established under the au- candidates provided to such leaders by the (5) be responsible for the preparation and thority of section 4 of this Act and the At- Chairman and Vice Chairman of the Com- submittal to the Committee on Indian Af- torney General’s designee under the author- mittee on Indian Affairs of the Senate; and fairs of the Senate, the Committee on En- ity of section 5 of this Act shall serve as co- (bb) four suggested candidates submitted ergy and Natural Resources of the Senate, chairs of the Task Force. by the Speaker of the House of Representa- and the Committee on Resources of the (e) DUTIES.—The responsibilities of the tives and the Minority Leader of the House House of Representatives of an annual report Task Force shall be— of Representatives from a list provided to (1) the coordination of Federal policies detailing the activities of the Interagency the Speaker and the Minority Leader by the that affect Native Hawaiians or actions by Task Force established under section 6 of Chairman and Ranking member of the Com- any agency or agencies of the Federal Gov- this Act that are undertaken with respect to mittee on Resources of the House of Rep- ernment which may significantly or unique- the continuing process of reconciliation and resentatives. ly impact on Native Hawaiian resources, to effect meaningful consultation with the (iii) EXPENSES.—Each member of the Com- rights, or lands; Native Hawaiian people and the Native Ha- mission shall be allowed travel expenses, in- (2) to assure that each Federal agency de- waiian government and providing rec- cluding per diem in lieu of subsistence, at velops a policy on consultation with the Na- ommendations for any necessary changes to rates authorized for employees of agencies tive Hawaiian people, and upon recognition existing Federal statutes or regulations pro- under subchapter I of chapter 57 of title 5, of the Native Hawaiian government by the United States Code, while away from their mulgated under the authority of Federal United States as provided in section 7(d)(2) of law; homes or regular places of business in the this Act, consultation with the Native Ha- performance of services for the Commission. (6) be responsible for continuing the proc- waiian government; and ess of reconciliation with the Native Hawai- (B) CERTIFICATION.—The Commission shall (3) to assure the participation of each Fed- certify that the individuals listed on the roll ian people, and upon the recognition of the eral agency in the development of the report Native Hawaiian government by the United developed under the authority of this sub- to Congress authorized in section 4(b)(5) of section are Native Hawaiians, as defined in States as provided for in section 7(d)(2) of this Act. this Act, be responsible for continuing the section 2(7)(A) of this Act. SEC. 7. PROCESS FOR THE DEVELOPMENT OF A (3) SECRETARY.— process of reconciliation with the Native Ha- ROLL FOR THE ORGANIZATION OF A waiian government; and (A) CERTIFICATION.—The Secretary shall NATIVE HAWAIIAN INTERIM GOV- review the Commission’s certification of the (7) assist the Native Hawaiian people in fa- ERNING COUNCIL, FOR THE ORGANI- cilitating a process for self-determination, ZATION OF A NATIVE HAWAIIAN IN- membership roll and determine whether it is including but not limited to the provision of TERIM GOVERNING COUNCIL AND A consistent with applicable Federal law, in- technical assistance in the development of NATIVE HAWAIIAN GOVERNMENT, cluding the special trust relationship be- AND FOR THE RECOGNITION OF THE tween the United States and the indigenous, the roll under section 7(a) of this Act, the or- NATIVE HAWAIIAN GOVERNMENT. native people of the United States. ganization of the Native Hawaiian Interim (a) ROLL.— (B) PUBLICATION.—Upon making the deter- Governing Council as provided for in section (1) PREPARATION OF ROLL.—The United mination authorized in subparagraph (A), 7(c) of this Act, and the recognition of the States Office for Native Hawaiian Affairs the Secretary shall publish a final roll. Native Hawaiian government as provided for shall assist the adult members of the Native (C) APPEAL.— in section 7(d) of this Act. Hawaiian community who wish to partici- (i) ESTABLISHMENT OF MECHANISM.—The (c) AUTHORITY.—The United States Office pate in the reorganization of a Native Hawai- Secretary is authorized to establish a mecha- for Native Hawaiian Affairs is authorized to ian government in preparing a roll for the nism for an appeal of the Commission’s de- enter into a contract with or make grants purpose of the organization of a Native Ha- termination as it concerns— for the purposes of the activities authorized waiian Interim Governing Council. The roll (I) the exclusion of the name of a person or addressed in section 7 of this Act for a pe- shall include the names of the— who meets the definition of Native Hawaiian, riod of 3 years from the date of enactment of (A) adult members of the Native Hawaiian as defined in section 2(7)(A) of this Act, from this Act. community who wish to become citizens of a the roll; or SEC. 5. DESIGNATION OF DEPARTMENT OF JUS- Native Hawaiian government and who are— (II) a challenge to the inclusion of the TICE REPRESENTATIVE. (i) the lineal descendants of the aboriginal, name of a person on the roll on the grounds The Attorney General shall designate an indigenous, native people who resided in the that the person does not meet the definition appropriate official within the Department islands that now comprise the State of Ha- of Native Hawaiian, as so defined. of Justice to assist the United States Office waii on or before January 1, 1893, and who oc- (ii) PUBLICATION; UPDATE.—The Secretary for Native Hawaiian Affairs in the imple- cupied and exercised sovereignty in the Ha- shall publish the final roll while appeals are mentation and protection of the rights of waiian archipelago; or pending, and shall update the final roll and Native Hawaiians and their political, legal, (ii) Native Hawaiians who were eligible in the publication of the final roll upon the and trust relationship with the United 1921 for the programs authorized by the Ha- final disposition of any appeal. States, and upon the recognition of the Na- waiian Homes Commission Act (42 Stat. 108, (D) FAILURE TO ACT.—If the Secretary fails tive Hawaiian government as provided for in chapter 42) or their lineal descendants; and to make the certification authorized in sub- section 7(d)(2) of this Act, in the implemen- (B) the children of the adult members list- paragraph (A) within 90 days of the date that tation and protection of the rights of the Na- ed on the roll prepared under this subsection. the Commission submits the membership tive Hawaiian government and its political, (2) CERTIFICATION AND SUBMISSION.— roll to the Secretary, the certification shall legal, and trust relationship with the United (A) COMMISSION.— be deemed to have been made, and the Com- States. (i) IN GENERAL.—There is authorized to be mission shall publish the final roll. SEC. 6. NATIVE HAWAIIAN INTERAGENCY TASK established a Commission to be composed of (4) EFFECT OF PUBLICATION.—The publica- FORCE. 9 members for the purpose of certifying that tion of the final roll shall serve as the basis (a) ESTABLISHMENT.—There is established the adult members of the Native Hawaiian for the eligibility of adult members listed on an interagency task force to be known as the community on the roll meet the definition of the roll to participate in all referenda and ‘‘Native Hawaiian Interagency Task Force’’. Native Hawaiian, as defined in section elections associated with the organization of (b) COMPOSITION.—The Task Force shall be 2(7)(A) of this Act. a Native Hawaiian Interim Governing Coun- composed of officials, to be designated by the (ii) MEMBERSHIP.— cil and the Native Hawaiian government. President, from— (I) APPOINTMENT.—The Secretary shall ap- (b) RECOGNITION OF RIGHTS.—The right of (1) each Federal agency that establishes or point the members of the Commission in ac- the Native Hawaiian people to organize for implements policies that affect Native Ha- cordance with subclause (II). Any vacancy on their common welfare and to adopt appro- waiians or whose actions may significantly the Commission shall not affect its powers priate organic governing documents is here- or uniquely impact on Native Hawaiian re- and shall be filled in the same manner as the by recognized by the United States. sources, rights, or lands; original appointment. (c) ORGANIZATION OF THE NATIVE HAWAIIAN (2) the United States Office for Native Ha- (II) REQUIREMENTS.—The members of the INTERIM GOVERNING COUNCIL.— waiian Affairs established under section 4 of Commission shall be Native Hawaiian, as de- (1) ORGANIZATION.—The adult members this Act; and fined in section 2(7)(A) of this Act, and shall listed on the roll developed under the au- (3) the Executive Office of the President. have expertise in the certification of Native thority of subsection (a) are authorized to— (c) LEAD AGENCIES.—The Department of Hawaiian ancestry. (A) develop criteria for candidates to be the Interior and the Department of Justice (III) CONGRESSIONAL SUBMISSION OF SUG- elected to serve on the Native Hawaiian In- shall serve as the lead agencies of the Task GESTED CANDIDATES.—In appointing members terim Governing Council;

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(B) determine the structure of the Native (4) TERMINATION.—The Native Hawaiian In- (2) FEDERAL RECOGNITION.— Hawaiian Interim Governing Council; and terim Governing Council shall have no power (A) RECOGNITION.—Notwithstanding any (C) elect members to the Native Hawaiian or authority under this Act after the time at other provision of law, upon the election of Interim Governing Council. which the duly elected officers of the Native the officers of the Native Hawaiian govern- (2) ELECTION.—Upon the request of the Hawaiian government take office. ment and the certifications (or deemed cer- adult members listed on the roll developed (d) RECOGNITION OF THE NATIVE HAWAIIAN tifications) by the Secretary authorized in under the authority of subsection (a), the GOVERNMENT.— paragraph (1), Federal recognition is hereby United States Office for Native Hawaiian Af- (1) PROCESS FOR RECOGNITION.— extended to the Native Hawaiian government fairs may assist the Native Hawaiian com- (A) SUBMITTAL OF ORGANIC GOVERNING DOC- as the representative governing body of the munity in holding an election by secret bal- UMENTS.—The duly elected officers of the Na- Native Hawaiian people. lot (absentee and mail balloting permitted), tive Hawaiian government shall submit the (B) NO DIMINISHMENT OF RIGHTS OR PRIVI- to elect the membership of the Native Ha- organic governing documents of the Native LEGES.—Nothing contained in this Act shall waiian Interim Governing Council. Hawaiian government to the Secretary. diminish, alter, or amend any existing rights (3) POWERS.— (B) CERTIFICATIONS.—Within 90 days of the or privileges enjoyed by the Native Hawaiian (A) IN GENERAL.—The Native Hawaiian In- date that the duly elected officers of the Na- people which are not inconsistent with the terim Governing Council is authorized to tive Hawaiian government submit the or- provisions of this Act. represent those on the roll in the implemen- ganic governing documents to the Secretary, SEC. 8. AUTHORIZATION OF APPROPRIATIONS. tation of this Act and shall have no powers the Secretary shall certify that the organic There is authorized to be appropriated other than those given to it in accordance governing documents— such sums as may be necessary to carry out with this Act. (i) were adopted by a majority vote of the the activities authorized in this Act. adult members listed on the roll prepared (B) FUNDING.—The Native Hawaiian In- SEC. 9. REAFFIRMATION OF DELEGATION OF terim Governing Council is authorized to under the authority of subsection (a); FEDERAL AUTHORITY; NEGOTIA- enter into a contract or grant with any Fed- (ii) are consistent with applicable Federal TIONS. eral agency, including but not limited to, the law and the special trust relationship be- (a) REAFFIRMATION.—The delegation by the United States Office for Native Hawaiian Af- tween the United States and the indigenous United States of authority to the State of fairs within the Department of the Interior native people of the United States; Hawaii to address the conditions of Native and the Administration for Native Ameri- (iii) provide for the exercise of those gov- Hawaiians contained in the Act entitled ‘‘An cans within the Department of Health and ernmental authorities that are recognized by Act to provide for the admission of the State the United States as the powers and authori- Human Services, to carry out the activities of Hawaii into the Union’’ approved March ties that are exercised by other governments set forth in subparagraph (C). 18, 1959 (Public Law 86–3; 73 Stat. 5) is hereby representing the indigenous, native people of (C) ACTIVITIES.— reaffirmed. the United States; (i) IN GENERAL.—The Native Hawaiian In- (b) NEGOTIATIONS.—Upon the Federal rec- (iv) provide for the protection of the civil terim Governing Council is authorized to ognition of the Native Hawaiian government rights of the citizens of the Native Hawaiian conduct a referendum of the adult members pursuant to section 7(d)(2) of this Act, the government and all persons subject to the listed on the roll developed under the au- United States is authorized to negotiate and authority of the Native Hawaiian govern- thority of subsection (a) for the purpose of enter into an agreement with the State of ment, and to assure that the Native Hawai- determining (but not limited to) the fol- Hawaii and the Native Hawaiian government ian government exercises its authority con- regarding the transfer of lands, resources, lowing: sistent with the requirements of section 202 (I) The proposed elements of the organic and assets dedicated to Native Hawaiian use of the Act of April 11, 1968 (25 U.S.C. 1302); under existing law as in effect on the date of governing documents of a Native Hawaiian (v) prevent the sale, disposition, lease, or government. enactment of this Act to the Native Hawai- encumbrance of lands, interests in lands, or ian government. (II) The proposed powers and authorities to other assets of the Native Hawaiian govern- be exercised by a Native Hawaiian govern- ment without the consent of the Native Ha- SEC. 10. APPLICABILITY OF INDIAN GAMING REG- ULATORY ACT. ment, as well as the proposed privileges and waiian government; (a) PROHIBITION.—The Native Hawaiian immunities of a Native Hawaiian govern- (vi) establish the criteria for citizenship in ment. government and Native Hawaiians may not the Native Hawaiian government; and conduct gaming activities as a matter of (III) The proposed civil rights and protec- (vii) provide authority for the Native Ha- claimed inherent authority or under the au- tion of such rights of the citizens of a Native waiian government to negotiate with Fed- thority of any Federal law, including the In- Hawaiian government and all persons subject eral, State, and local governments, and other dian Gaming Regulatory Act (25 U.S.C. 2701 to the authority of a Native Hawaiian gov- entities. et seq.) or under any regulations thereunder ernment. (C) FAILURE TO ACT.—If the Secretary fails promulgated by the Secretary or the Na- (ii) DEVELOPMENT OF ORGANIC GOVERNING to act within 90 days of the date that the tional Indian Gaming Commission. DOCUMENTS.—Based upon the referendum, the duly elected officers of the Native Hawaiian (b) APPLICABILITY.—The foregoing prohibi- Native Hawaiian Interim Governing Council government submitted the organic governing tion in section 10(a) on the use of the Indian is authorized to develop proposed organic documents of the Native Hawaiian govern- Gaming Regulatory Act and inherent au- governing documents for a Native Hawaiian ment to the Secretary, the certifications au- thority to game apply regardless of whether government. thorized in subparagraph (B) shall be deemed gaming by Native Hawaiians or the Native (iii) DISTRIBUTION.—The Native Hawaiian to have been made. Hawaiian government would be located on Interim Governing Council is authorized to (D) RESUBMISSION IN CASE OF NONCOMPLI- land within the State of Hawaii or within distribute to all adult members of those list- ANCE WITH FEDERAL LAW.— any other State or territory of the United ed on the roll, a copy of the proposed organic (i) RESUBMISSION BY THE SECRETARY.—If the States. governing documents, as drafted by the Na- Secretary determines that the organic gov- tive Hawaiian Interim Governing Council, erning documents, or any part thereof, are SEC. 11. DISCLAIMER. along with a brief impartial description of not consistent with applicable Federal law, Nothing in this Act is intended to serve as the proposed organic governing documents. the Secretary shall resubmit the organic a settlement of any claims against the (iv) CONSULTATION.—The Native Hawaiian governing documents to the duly elected of- United States, or to affect the rights of the Interim Governing Council is authorized to ficers of the Native Hawaiian government Native Hawaiian people under international freely consult with those members listed on along with a justification for each of the law. the roll concerning the text and description Secretary’s findings as to why the provisions SEC. 12. REGULATIONS. of the proposed organic governing docu- are not consistent with such law. The Secretary is authorized to make such ments. (ii) AMENDMENT AND RESUBMISSION BY THE rules and regulations and such delegations of (D) ELECTIONS.— NATIVE HAWAIIAN GOVERNMENT.—If the or- authority as the Secretary deems necessary (i) IN GENERAL.—The Native Hawaiian In- ganic governing documents are resubmitted to carry out the provisions of this Act. terim Governing Council is authorized to to the duly elected officers of the Native Ha- SEC. 13. SEVERABILITY. hold elections for the purpose of ratifying waiian government by the Secretary under In the event that any section or provision the proposed organic governing documents, clause (i), the duly elected officers of the Na- of this Act, or any amendment made by this and upon ratification of the organic gov- tive Hawaiian government shall— Act is held invalid, it is the intent of Con- erning documents, to hold elections for the (I) amend the organic governing documents gress that the remaining sections or provi- officers of the Native Hawaiian government. to ensure that the documents comply with sions of this Act, and the amendments made (ii) ASSISTANCE.—Upon the request of the applicable Federal law; and by this Act, shall continue in full force and Native Hawaiian Interim Governing Council, (II) resubmit the amended organic gov- effect. the United States Office of Native Hawaiian erning documents to the Secretary for cer- Affairs may assist the Council in conducting tification in accordance with subparagraphs By Mrs. FEINSTEIN (for herself such elections. (B) and (C). and Mrs. BOXER):

VerDate Mar 15 2010 12:05 Aug 01, 2011 Jkt 079102 PO 00000 Frm 00065 Fmt 0686 Sfmt 0634 E:\BR09\S25MR9.002 S25MR9 erowe on DSK5CLS3C1PROD with BOUND RECORD 8568 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 7 March 25, 2009 S. 709. A bill to better provide for Santa Susana Field Lab workers and withstanding any denial of any other claim compensation for certain persons in- their families now face the burden of for compensation with respect to such indi- jured in the course of employment at having to reconstruct exposure sce- vidual. the Santa Susana Field Laboratory in narios that existed more than 40 years f California; to the Committee on ago, in most cases with little or no doc- SUBMITTED RESOLUTIONS Health, Education, Labor, and Pen- umentation. sions. The case of my constituent, Betty Mrs. FEINSTEIN. Mr. President, I Reo, provides an example of why this SENATE RESOLUTION 85—CON- rise today on behalf of myself and Sen- legislation is necessary. GRATULATING THE ROCKY ator BOXER to reintroduce legislation Ms. Reo’s husband, Cosmo Reo, MOUNTAIN COLLEGE BATTLIN’ to enable hundreds of former Santa worked at the Santa Susana Field Lab- BEARS FOR WINNING THE 2009 Susana Field Laboratory Workers or oratory as an instrumentation me- NATIONAL ASSOCIATION OF their survivors to receive compensa- chanic from April 18, 1957 until May 17, INTERCOLLEGIATE ATHLETICS tion for illnesses caused by exposure to 1960. MEN’S BASKETBALL NATIONAL radiation and other toxic substances. Cosmo worked in the rocket testing CHAMPIONSHIP Specifically, the Santa Susana Fair pits and was exposed to hydrazine, Mr. TESTER (for himself and Mr. Compensation Act would provide a spe- trichlorithylene, and other cancer- BAUCUS) submitted the following reso- cial status designation under the En- causing chemicals which attack the lution; which was referred to the Com- ergy Employees Occupational Illness lungs, bladder and kidneys. mittee on the Judiciary: Compensation Act to Santa Susana Cosmo died of renal failure in 1980. Field Laboratory employees, so they Ms. Reo applied for benefits under the S. RES. 85 can receive the benefits they deserve. Energy Employees Occupational Illness Whereas, on March 24, 2009, the Rocky In addition, the bill would extend the Compensation Act. She has been trying Mountain College Battlin’ Bears won the 2009 ‘‘special exposure cohort’’ status to De- National Association of Intercollegiate Ath- to reconstruct the exposure scenarios partment of Energy employees, Depart- letics Men’s Basketball National Champion- under which her husband worked, but ment of Energy contract employees, or ship title with a stunning 77-61 triumph over without adequate documentation she atomic weapons employees who worked the Columbia College Cougars; has been repeatedly denied benefits. Whereas Rocky Mountain College, located at the Santa Susana Field Laboratory This bill would help people like Betty in Billings, Montana, is one of the premier for at least 250 days prior to January 1, Reo, people who lack the documenta- liberal arts schools in the State of Montana; 2009. Whereas Rocky Mountain College forward This revision would ensure that the tion necessary to prove their cases, and those who worked in any of the four Devin Uskoski was named the Most Valuable Act’s benefits are available to any of Player of the National Association of Inter- those workers who developed a radi- areas of the Santa Susana site. collegiate Athletics men’s basketball tour- ation-linked cancer due to their em- I urge my colleagues to join me in nament; ployment at the Santa Susana Field correcting these injustices and cutting Whereas Devin Uskoski averaged 17.4 Laboratory. through the ‘‘red tape’’ that prevents points per game and 11 rebounds per game This bill fulfills the intent of Con- Santa Susana Field Laboratory work- throughout his senior season; gress when it approved the act, pro- ers, and their families, from receiving Whereas the Battlin’ Bears finished the 2009 season with a record of 30-8 and won 10 viding compensation and care for nu- fair compensation. For many, such as Ms. Reo, time is of their final 11 games; clear program workers who suffered se- Whereas Rocky Mountain College fans vere health problems caused by on-the- running out. We can no longer afford to across Montana supported and encouraged job exposure to radiation. delay, and this bill provides a straight- the Battlin’ Bears throughout the basketball The Santa Susana Field Laboratory forward solution to fix a broken sys- season; is a 2,849-acre facility located about 30 tem. Whereas Rocky Mountain College Presi- miles north of downtown Los Angeles. Mr. President, I ask unanimous con- dent Michael R. Mace and Athletic Director During the Cold War, it was used for sent that the text of the bill be printed Robert Beers have shown great leadership in the development and testing of nuclear in the RECORD. bringing academic and athletic success to reactors and powerful rockets, includ- There being no objection, the text of Rocky Mountain College; and Whereas the people of the State of Mon- ing those used in America’s space and the bill was ordered to be placed in the tana celebrate the success and share the ballistic missile programs. RECORD, as follows: pride of Rocky Mountain College: Now, Sadly, many workers of the Cold War S. 709 therefore, be it era were exposed to radiation on a reg- Be it enacted by the Senate and House of Rep- Resolved, That the Senate— ular basis. But claims for compensa- resentatives of the United States of America in (1) congratulates the Rocky Mountain Col- tion are hampered by incomplete and Congress assembled, lege Battlin’ Bears for winning the 2009 Na- tional Association of Intercollegiate Ath- inaccurate records. SECTION 1. SHORT TITLE. letics Men’s Basketball National Champion- Some records show only estimated This Act may be cited as the ‘‘Santa ship; levels of exposure for workers, and are Susana Fair Compensation Act’’. (2) recognizes the achievements of the imprecise. In other cases, if records SEC. 2. DEFINITION OF MEMBER OF SPECIAL EX- players, coaches, students, and staff whose were kept, they cannot be found today. POSURE COHORT. hard work and dedication helped the Rocky Many Santa Susana Field Laboratory (a) IN GENERAL.—Section 3621(14) of the En- Mountain College Battlin’ Bears win the workers were not aware of the hazards ergy Employees Occupational Illness Com- championship; and at their workplace. Remarkably, no pensation Program Act of 2000 (42 U.S.C. (3) respectfully requests the Secretary of protective equipment—like respirators, 7384l(14)) is amended by adding at the end the the Senate to transmit an enrolled copy of following new subparagraph: this resolution for appropriate display to— gloves, or body suits—was provided to ‘‘(D) The employee was so employed for a workers. (A) the President of Rocky Mountain Col- number of work days aggregating at least 250 lege, Michael R. Mace; More than 600 claims for compensa- work days before January 1, 2009, by the De- tion have been filed by Santa Susana (B) the Athletic Director of Rocky Moun- partment of Energy or a Department of En- tain College, Robert Beers; and Field Lab workers, but only a small ergy contractor or subcontractor at the (C) the Head Coach of the Rocky Mountain fraction have been approved. A lack of Santa Susana Field Laboratory in Cali- College basketball team, Bill Dreikosen. documentation, or inability to prove fornia.’’. f exposure thresholds, has hindered hun- (b) REAPPLICATION.—A claim that an indi- dreds of claims that may well be legiti- vidual qualifies, by reason of section AMENDMENTS SUBMITTED AND 3621(14)(D) of the Energy Employees Occupa- PROPOSED mate. And, for some lab workers and tional Illness Compensation Program Act of their families, it is impossible to re- 2000 (as added by subsection (a)), for com- SA 701. Mr. COBURN submitted an amend- construct exposure scenarios due to pensation or benefits under such Act shall be ment intended to be proposed to amendment records having been destroyed. considered for compensation or benefits not- SA 687 proposed by Ms. MIKULSKI (for herself

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and Mr. ISAKSON) to the bill H.R. 1388, to re- to the bill H.R. 1388, supra; which was or- added by section 1608), the Director of the authorize and reform the national service dered to lie on the table. Bureau of the Census shall be prohibited laws; which was ordered to lie on the table. SA 719. Mr. MENENDEZ submitted an from providing technical advice to the Cor- SA 702. Mr. COBURN submitted an amend- amendment intended to be proposed by him poration, collecting, reporting or supplying ment intended to be proposed to amendment to the bill H.R. 1388, supra; which was or- data to the Corporation, or carrying out any SA 687 proposed by Ms. MIKULSKI (for herself dered to lie on the table. other activity described in such section 179A, and Mr. ISAKSON) to the bill H.R. 1388, supra; SA 720. Mr. NELSON, of Florida submitted until such time as the Comptroller General which was ordered to lie on the table. an amendment intended to be proposed by of the United States— SA 703. Mr. COBURN submitted an amend- him to the bill H.R. 1388, supra; which was (1) determines that the 2010 Census is no ment intended to be proposed by him to the ordered to lie on the table. longer a high-risk area with respect to ad- dressing challenges in broad-based trans- bill H.R. 1388, supra; which was ordered to lie f on the table. formation; and SA 704. Mr. ENSIGN submitted an amend- TEXT OF AMENDMENTS (2) removes the 2010 Census from the Gov- ment intended to be proposed to amendment ernment Accountability Office’s high-risk SA 701. Mr. COBURN submitted an SA 687 proposed by Ms. MIKULSKI (for herself list. and Mr. ISAKSON) to the bill H.R. 1388, supra; amendment intended to be proposed to which was ordered to lie on the table. amendment SA 687 proposed by Ms. MI- SA 703. Mr. COBURN submitted an SA 705. Mr. VITTER submitted an amend- KULSKI (for herself and Mr. ISAKSON) to amendment intended to be proposed by ment intended to be proposed by him to the the bill H.R. 1388, to reauthorize and him to the bill H.R. 1388, to reauthorize bill H.R. 1388, supra; which was ordered to lie reform the national service laws; which and reform the national service laws; on the table. was ordered to lie on the table; as fol- which was ordered to lie on the table; SA 706. Mr. ENSIGN submitted an amend- lows: as follows: ment intended to be proposed to amendment SA 692 submitted by Mr. BAUCUS (for himself On page 5, before line 1 and after the item At the end of the bill, add the following: and Mr. GRASSLEY) to the amendment SA 687 relating to section 6101, insert the following: TITLE VII—MILLIONAIRE EXEMPTION proposed by Ms. MIKULSKI (for herself and SEC. 2. SENSE OF THE SENATE. SEC. 701. EXEMPTION FOR MILLIONAIRES. Mr. ISAKSON) to the bill H.R. 1388, supra; (a) FINDINGS.—The Senate finds the fol- (a) IN GENERAL.—Notwithstanding any which was ordered to lie on the table. lowing: other provision of this Act or any provision SA 707. Mr. DEMINT submitted an amend- (1) Total private giving increased to of the national service laws (as defined in ment intended to be proposed to amendment $306,000,000,000 in 2007, equal to 2.2 percent of section 101 of the National and Community SA 687 proposed by Ms. MIKULSKI (for herself the gross domestic product of the United Service Act of 1990 (42 U.S.C. 12511)), no and Mr. ISAKSON) to the bill H.R. 1388, supra; States. wealthy individual who participates in a pro- which was ordered to lie on the table. (2) Total private giving has more than dou- gram under this Act or any of such national SA 708. Mr. DEMINT submitted an amend- bled in a 10-year period, and individual giv- service laws may receive stipend, living al- ment intended to be proposed to amendment ing reached $229,000,000,000 in 2007. lowance, education award, or other com- SA 687 proposed by Ms. MIKULSKI (for herself (3) The people of the United States donate pensation by virtue of such participation. (b) WEALTHY INDIVIDUAL.—In this section, and Mr. ISAKSON) to the bill H.R. 1388, supra; 31⁄2 times as much, per capita, as the people which was ordered to lie on the table. of any other developed nation. the term ‘‘wealthy individual’’ means an in- SA 709. Mr. DEMINT submitted an amend- (4) There are nearly 1,400,000 charitable or- dividual who is from a family with a taxable annual income of more than $1,000,000. ment intended to be proposed to amendment ganizations in the United States, and ap- SA 687 proposed by Ms. MIKULSKI (for herself proximately 355,000 religious congregations. Mr. ENSIGN submitted an and Mr. ISAKSON) to the bill H.R. 1388, supra; SA 704. (5) Nonprofit organizations, including pub- amendment intended to be proposed to which was ordered to lie on the table. lic charities and private foundations, ac- SA 710. Mr. DEMINT submitted an amend- count for approximately 8 percent of the amendment SA 687 proposed by Ms. MI- ment intended to be proposed to amendment wages and salaries paid in the United States. KULSKI) (for herself and Mr. ISAKSON) to SA 687 proposed by Ms. MIKULSKI (for herself (6) The nonprofit sector employs more than the bill H.R. 1388, to reauthorize and and Mr. ISAKSON) to the bill H.R. 1388, supra; 10,000,000 people, and 7 percent of the people reform the national service laws; which which was ordered to lie on the table. of the United States are paid employees of was ordered to lie on the table; as fol- SA 711. Mr. DEMINT submitted an amend- nonprofit organizations. lows: ment intended to be proposed to amendment (7) A proposed cut to charitable tax deduc- Beginning on page 61, strike line 7 and all SA 687 proposed by Ms. MIKULSKI (for herself tions for wealthy taxpayers may result in a that follows through page 62, line 25 and in- and Mr. ISAKSON) to the bill H.R. 1388, supra; 10 percent drop in charitable giving by sert the following: which was ordered to lie on the table. wealthy individuals that is equal to SA 712. Mrs. SHAHEEN (for herself and Mr. (2) by striking subsection (b) and inserting $6,000,000,000. the following: GREGG) submitted an amendment intended (b) SENSE OF THE SENATE.—It is the sense ‘‘(b) PROHIBITION ON NATIONAL SERVICE to be proposed to amendment SA 687 pro- of the Senate that— PROGRAMS RUN BY FEDERAL AGENCIES.—Not- IKULSKI (for herself and Mr. posed by Ms . M (1) all citizens of the United States should withstanding any other provision of law, no ISAKSON) to the bill H.R. 1388, supra. continue in the selfless generosity and noble Federal funds (including funds authorized for SA 713. Mr. WARNER submitted an amend- spirit of charitable giving; financial assistance or for educational ment intended to be proposed to amendment (2) Congress should support measures that awards for participants in approved national SA 687 proposed by Ms. MIKULSKI (for herself incentivize charitable giving by wealthy service positions) shall be available for na- and Mr. ISAKSON) to the bill H.R. 1388, supra; Americans to nonprofit organizations, public tional service programs run by Federal agen- which was ordered to lie on the table. charities, private foundations, and religious cies under this subtitle.’’. SA 714. Mr. WARNER (for himself and Mr. congregations; and GREGG) submitted an amendment intended (3) Federal tax law should encourage, and SA 705. Mr. VITTER submitted an to be proposed to amendment SA 687 pro- not punish, charitable donations by all peo- amendment intended to be proposed by posed by Ms. MIKULSKI (for herself and Mr. ple of the United States, regardless of in- him to the bill H.R. 1388, to reauthorize ISAKSON) to the bill H.R. 1388, supra; which come. was ordered to lie on the table. and reform the national service laws; SA 715. Mr. ENSIGN proposed an amend- which was ordered to lie on the table; ment to amendment SA 692 submitted by Mr. SA 702. Mr. COBURN submitted an as follows: BAUCUS (for himself and Mr. GRASSLEY) to amendment intended to be proposed to On page 128, strike line 6 and insert the fol- the amendment SA 687 proposed by Ms. MI- amendment SA 687 proposed by Ms. MI- lowing: KULSKI (for herself and Mr. ISAKSON) to the KULSKI) (for herself and Mr. ISAKSON) to ‘‘(c) INELIGIBLE ORGANIZATIONS.— bill H.R. 1388, supra. the bill H.R. 1388, to reauthorize and ‘‘(1) IN GENERAL.—No assistance provided SA 716. Mr. THUNE proposed an amend- reform the national service laws; which under this subtitle may be provided (includ- ment to amendment SA 687 proposed by Ms. was ordered to lie on the table; as fol- ing for the participation under this subtitle of a participant in an approved national MIKULSKI (for herself and Mr. ISAKSON) to the lows: bill H.R. 1388, supra. service position in activities conducted by SA 717. Ms. LANDRIEU proposed an On page 213, after line 21, insert the fol- such an organization) to— amendment to amendment SA 687 proposed lowing: ‘‘(A) an organization described in para- by Ms. MIKULSKI (for herself and Mr. ISAK- SEC. 1613. LIMITING BURDENS ON THE BUREAU graph (2); or SON) to the bill H.R. 1388, supra. OF THE CENSUS. ‘‘(B) to an organization that is co-located SA 718. Mr. MENENDEZ submitted an Notwithstanding section 179A of the Na- on the same premises as an organization de- amendment intended to be proposed by him tional and Community Service Act of 1990 (as scribed in paragraph (2).

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‘‘(2) ORGANIZATIONS.—An organization re- amendment SA 687 proposed by Ms. MI- On page 128, strike line 6 and insert the fol- ferred to in paragraph (1) means— KULSKI (for herself and Mr. ISAKSON) to lowing: ‘‘(A) the Association of Community Orga- the bill H.R. 1388, to reauthorize and ‘‘(b) INELIGIBLE ORGANIZATIONS AND CO-LO- nizations for Reform Now (ACORN); or reform the national service laws; which CATED ORGANIZATIONS.— ‘‘(B) an entity that is under the control of ‘‘(1) IN GENERAL.—No assistance provided such Association, as demonstrated by— was ordered to lie on the table; as fol- lows: under this subtitle may be provided to an or- ‘‘(i)(I) such Association directly owning or ganization described in paragraph (2) (includ- controlling, or holding with power to vote, 25 Strike line 11 on page 212 and all that fol- ing for the participation under this subtitle percent or more the voting shares of such lows through line 21 on page 213 and insert of a participant in an approved national other entity; the following: service position in activities conducted by ‘‘(II) such other entity directly owning or ‘‘SEC. 189D. CRIMINAL HISTORY CHECKS. such an organization) or to an organization controlling, or holding with power to vote, 25 ‘‘(a) IN GENERAL.—Each entity selecting in- that is co-located on the same premises as an percent of more of the voting shares of such dividuals to serve in a position in which the organization described in paragraph (2). Association; or individuals receive a living allowance, sti- ‘‘(2) ORGANIZATIONS.—The organization re- ‘‘(III) a third entity directly owning or pend, national service educational award, or ferred to in paragraph (1) is an organization controlling, or holding with power to vote, 25 salary through a program receiving assist- that has been indicted for voter fraud. percent or more of the voting shares of such ance under the national service laws, shall, ‘‘(c) NONDISPLACEMENT OF EMPLOYED WORK- Association and such other entity; subject to regulations and requirements es- ERS ‘‘(ii)(I) such Association controlling, in any tablished by the Corporation, conduct crimi- manner, a majority of the board of directors nal history checks for such individuals. of such other entity; ‘‘(b) REQUIREMENTS.—A criminal history SA 711. Mr. DEMINT submitted an ‘‘(II) such other entity controlling, in any check under subsection (a) shall include— amendment intended to be proposed to manner, a majority of the board of directors ‘‘(1) a name-based search of the National amendment SA 687 proposed by Ms. MI- Sex Offender Registry established under the of such Association; or KULSKI (for herself and Mr. ISAKSON) to ‘‘(III) a third entity controlling, in any Adam Walsh Child Protection and Safety Act of 2006 (42 U.S.C. 16901 et seq.); and the bill H.R. 1388, to reauthorize and manner, a majority of the board of directors reform the national service laws; which of such Association and such other entity; ‘‘(2) submitting fingerprints to the Federal ‘‘(iii) individuals serving in a similar ca- Bureau of Investigation for a national crimi- was ordered to lie on the table; as fol- pacity as officers, executives, or staff of both nal history check. lows: ‘‘(c) ELIGIBILITY PROHIBITION.—An indi- such Association and such other entity; On page 128, strike line 6 and insert the fol- vidual shall be ineligible to serve in a posi- ‘‘(iv) such Association and such other enti- lowing: tion described under subsection (a) if such ty sharing office space, supplies, resources, ‘‘(b) INELIGIBLE ORGANIZATIONS AND CO-LO- or marketing materials, including commu- individual— ‘‘(1) refuses to consent to the criminal his- CATED ORGANIZATIONS.— nications through the Internet and other ‘‘(1) IN GENERAL.—No assistance provided forms of public communication; or tory check described in subsection (b); ‘‘(2) makes a false statement in connection under this subtitle may be provided to an or- ‘‘(v) such Association and such other enti- ganization described in paragraph (2) (includ- ty exhibiting another indicia of control over, with such criminal history check; ‘‘(3) is registered, or is required to be reg- ing for the participation under this subtitle control by, or common control with, such of a participant in an approved national other entity or such Association, respec- istered, on a State sex offender registry or the National Sex Offender Registry estab- service position in activities conducted by tively, as may be set forth in regulation by such an organization) or to an organization the Corporation. lished under the Adam Walsh Child Protec- tion and Safety Act of 2006 (42 U.S.C. 16901 et that is co-located on the same premises as an ‘‘(d) NONDISPLACEMENT OF EMPLOYED WORK- seq.); or organization described in paragraph (2). ERS ‘‘(4) has been convicted of a crime of vio- ‘‘(2) ORGANIZATIONS.—The organization re- ferred to in paragraph (1) is a for-profit orga- SA 706. Mr. ENSIGN submitted an lence, as defined in section 16 of title 18, United States Code.’’. nization, political party, labor organization, amendment intended to be proposed to or organization engaged in political or legis- amendment SA 692 submitted by Mr. SA 709. Mr. DEMINT submitted an lative advocacy. BAUCUS (for himself and Mr. GRASSLEY) amendment intended to be proposed to ‘‘(c) NONDISPLACEMENT OF EMPLOYED WORK- to the amendment SA 687 proposed by amendment SA 687 proposed by Ms. MI- ERS Ms. MIKULSKI (for herself and Mr. ISAK- KULSKI (for herself and Mr. ISAKSON) to SON) to the bill H.R. 1388, to reauthor- the bill H.R. 1388, to reauthorize and SA 712. Mrs. SHAHEEN (for herself ize and reform the national service reform the national service laws; which and Mr. GREGG) submitted an amend- laws; which was ordered to lie on the was ordered to lie on the table; as fol- ment intended to be proposed to table; as follows: lows: amendment SA 687 proposed by Ms. MI- On page 2, line 20, insert before the period On page 128, strike line 6 and insert the fol- KULSKI (for herself and Mr. ISAKSON) to the following: ‘‘which shall include crisis lowing: the bill H.R. 1388, to reauthorize and pregnancy centers, organizations that serve ‘‘(b) INELIGIBLE ORGANIZATIONS AND CO-LO- reform the national service laws; as battered women (including domestic violence CATED ORGANIZATIONS.— follows: shelters), and organizations that serve vic- ‘‘(1) IN GENERAL.—No assistance provided tims of rape or incest’’. under this subtitle may be provided to an or- In section 122 (a)(1)(B) of the National and ganization described in paragraph (2) (includ- Community Service Act of 1990, as amended by section 1302 of the bill, insert at the ap- SA 707. Mr. DEMINT submitted an ing for the participation under this subtitle propriate place the following: amendment intended to be proposed to of a participant in an approved national service position in activities conducted by ‘‘(ll) providing skilled musicians and art- amendment SA 687 proposed by Ms. MI- such an organization) or to an organization ists to promote greater community unity KULSKI (for herself and Mr. ISAKSON) to that is co-located on the same premises as an through the use of music and arts education the bill H.R. 1388, to reauthorize and organization described in paragraph (2). and engagement through work in low-income reform the national service laws; which ‘‘(2) ORGANIZATIONS.—The organization re- communities, and education, health care, was ordered to lie on the table; as fol- ferred to in paragraph (1) is an organization and therapeutic settings, and other work in lows: that provides or promotes abortion services, the public domain with citizens of all ages;’’. including referral for such services. At the end of title IV, insert the following: ‘‘(c) NONDISPLACEMENT OF EMPLOYED WORK- SA 713. Mr. WARNER submitted an SEC. lll. SENSE OF THE SENATE REGARDING ERS THE TAX DEDUCTION FOR CHARI- amendment intended to be proposed to TABLE CONTRIBUTIONS. SA 710. Mr. DEMINT submitted an amendment SA 687 proposed by Ms. MI- It is the sense of the Senate that the tax amendment intended to be proposed to KULSKI (for herself and Mr. ISAKSON) to deduction for charitable contributions and amendment SA 687 proposed by Ms. MI- the bill H.R. 1388, to reauthorize and gifts should not be changed in any way that reform the national service laws; which would discourage taxpayers from making KULSKI (for herself and Mr. ISAKSON) to such contributions and gifts. the bill H.R. 1388, to reauthorize and was ordered to lie on the table; as fol- reform the national service laws; which lows: SA 708. Mr. DEMINT submitted an was ordered to lie on the table; as fol- Subtitle H of title I is further amended by amendment intended to be proposed to lows: adding at the end the following:

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KULSKI (for herself and Mr. ISAKSON) to roughly 75 percent or $229,000,000,000, came ‘‘(2) Managers possess business and tech- the bill H.R. 1388, to reauthorize and nical skills that make them especially suited from individuals. to help nonprofit organizations and Federal, reform the national service laws; which (4) Studies have shown that Americans State, and local governmental agencies cre- was ordered to lie on the table; as fol- give far more to charity than the people of ate efficiencies and cost savings, and develop lows: any other industrialized nation—more than programs to serve communities in need. On page 235, between lines 9 and 10, insert twice as much, measured as a share of gross ‘‘(3) There are currently a large number of the following: domestic product, than the citizens of Great companies and firms that are seeking to SEC. 1713. VOLUNTEER MANAGEMENT CORPS Britain, and 10 times more than the citizens identify savings through sabbatical opportu- STUDY. of France. nities for senior employees. (a) FINDINGS.—Congress finds the fol- (5) 7 out of 10 American households donate ‘‘(b) PURPOSE.—The purpose of this section lowing: to charities to support a wide range of reli- is to create a Volunteer Management Corps (1) Many managers seek opportunities to gious, educational, cultural, health care, and for managers, in order to provide managers give back to their communities and address environmental goals. with meaningful pro bono opportunities— the Nation’s challenges. (6) These charities provide innumerable ‘‘(1) to apply their business and technical (2) Managers possess business and tech- valuable public services to society’s most expertise to nonprofit organizations and at nical skills that make them especially suited vulnerable citizens during difficult economic the Federal, State, and local government to help nonprofit organizations and State times. levels; and and local governments create efficiencies (7) Congress has provided incentives ‘‘(2) to address the Nation’s challenges. and cost savings and develop programs to through the Internal Revenue Code of 1986 to ‘‘(c) PROGRAM ESTABLISHED.— serve communities in need. encourage charitable giving by allowing in- ‘‘(1) IN GENERAL.—The Corporation shall es- (3) There are currently a large number of dividuals to deduct income given to tax-ex- tablish a Volunteer Management Corps pro- empt charities. gram by assisting skilled managers with businesses and firms who are seeking to identify savings through sabbatical opportu- (8) 41,000,000 American households, consti- demonstrated management experience or ex- tuting 86 percent of taxpayers who itemize pertise in finding meaningful volunteering nities for senior employees. TUDY AND PLAN.—Not later than 6 deductions, took advantage of this deduction opportunities to carry out activities, as de- (b) S to give to the charities of their choice. scribed in subsection (d). months after the date of enactment of this Act, the Corporation shall— (b) SENSE OF THE SENATE.—It is the sense ‘‘(2) CORPORATION’S ROLE.—In carrying out of the Senate that Congress should preserve the Volunteer Management Corps program, (1) conduct a study on how best to estab- the full income tax deduction for charitable the Corporation may take steps to facilitate lish and implement a Volunteer Management contributions through the Internal Revenue the process of connecting skilled managers Corps program; and Code of 1986 and look for additional ways to with nonprofit organizations, and Federal, (2) submit a plan regarding the establish- encourage charitable giving rather than to State, and local governmental agencies, in ment of such program to Congress and to the discourage it. need of the manager’s skills, such as— President. ‘‘(A) recruiting individuals with dem- (c) CONSULTATION.—In carrying out the onstrated management experience or exper- study described in subsection (b)(1), the Cor- SA 717. Ms. LANDRIEU proposed an tise to volunteer as Volunteer Management poration may consult with experts in the pri- amendment to amendment SA 687 pro- Corps members; vate and nonprofit sectors. posed by Ms. MIKULSKI (for herself and ‘‘(B) developing relationships with non- (d) EFFECTIVE DATE.—Notwithstanding sec- Mr. ISAKSON) to the bill H.R. 1388, to re- profit organizations and Federal, State, and tion 6101, this section shall take effect on the authorize and reform the national serv- date of enactment of this Act. local governmental agencies to assist Corps ice laws; as follows: members in connecting with such organiza- On page 92, strike line 1 and insert the fol- tions and agencies in need of the members’ SA 715. Mr. ENSIGN proposed an lowing: services; amendment to amendment SA 692 sub- ‘‘(C) approving the volunteering opportuni- mitted by Mr. BAUCUS (for himself and ‘‘(H) A program that seeks to expand the number of mentors for youth in foster care ties selected by Corps members under sub- Mr. GRASSLEY) to the amendment SA through— section (d) as appropriate Volunteer Manage- 687 proposed by Ms. MIKULSKI (for her- ment Corps activities; and ‘‘(i) the provision of direct academic men- self and Mr. ISAKSON) to the bill H.R. toring services for youth in foster care; ‘‘(D) publicizing opportunities for Corps 1388, to reauthorize and reform the na- members at nonprofit organizations and Fed- ‘‘(ii) the provision of supportive services to eral, State, and local governmental agencies, tional service laws; as follows: mentoring service organizations that di- or otherwise assisting Corps members in con- On page 2, line 20, insert before the period rectly provide mentoring to youth in foster necting with opportunities to carry out ac- the following: ‘‘which shall include crisis care, including providing training of mentors tivities described in subsection (d). pregnancy centers, organizations that serve in child development, domestic violence, fos- ‘‘(d) CORPS MEMBERS.— battered women (including domestic violence ter care, confidentiality requirements, and ‘‘(1) IN GENERAL.—A Volunteer Manage- shelters), and organizations that serve vic- other matters related to working with youth ment Corps member shall select, subject to tims of rape or incest’’. These organizations in foster care; or the Corporation’s approval, a nonprofit orga- must be charities within the meaning of the ‘‘(iii) supporting foster care mentoring nization, or Federal, State, or local govern- United States tax code. partnerships, including statewide and local mental agency, with which to volunteer and mentoring partnerships that strengthen di- carry out a volunteering activity described SA 716. Mr. THUNE proposed an rect service mentoring programs. in paragraph (2) with such organization or amendment to amendment SA 687 pro- ‘‘(I) Such other national service programs agency. posed by Ms. MIKULSKI (for herself and Mr. MENENDEZ submitted ‘‘(2) ACTIVITIES.—The activities carried out Mr. ISAKSON) to the bill H.R. 1388, to re- SA 718. by Volunteer Management Corps members authorize and reform the national serv- an amendment intended to be proposed may include the following: ice laws; as follows: by him to the bill H.R. 1388, to reau- ‘‘(A) Developing and carrying out a com- thorize and reform the national service At the appropriate place, insert the fol- munity service project or program with a laws; which was ordered to lie on the nonprofit organization, or Federal, State, or lowing: local governmental agency. SEC. —. SENSE OF THE SENATE. table; as follows: ‘‘(B) Assisting a nonprofit organization, or (a) FINDINGS.—The Senate finds the fol- In section 147(d) of the National and Com- Federal, State, or local governmental agen- lowing: munity Service Act of 1990, as added by sec- cy, of the Corps member’s choice, in creating (1) President John F. Kennedy said, ‘‘The tion 1404, strike ‘‘, for each of not more than efficiencies and cost savings by using the raising of extraordinarily large sums of 2 of such terms of service,’’. Corps member’s expertise and skills. money, given voluntarily and freely by mil- ‘‘(C) Recruiting other individuals with lions of our fellow Americans, is a unique SA 719. Mr. MENENDEZ submitted demonstrated management experience or ex- American tradition . . . Philanthropy, char- an amendment intended to be proposed

VerDate Mar 15 2010 12:05 Aug 01, 2011 Jkt 079102 PO 00000 Frm 00069 Fmt 0686 Sfmt 0634 E:\BR09\S25MR9.002 S25MR9 erowe on DSK5CLS3C1PROD with BOUND RECORD 8572 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 7 March 25, 2009 by him to the bill H.R. 1388, to reau- mittee on Foreign Relations be author- in order to conduct a hearing on thorize and reform the national service ized to meet during the session of the Wednesday, March 25, 2009, at 2 p.m., in laws; which was ordered to lie on the Senate on Wednesday, March 25, 2009, room 366 of the Dirksen Senate Office table; as follows: at 2:30 p.m., to hold a hearing entitled Building. In subsection (c)(8)(B)(iii) of section 119 of ‘‘Foreign Policy and the Global Eco- The PRESIDING OFFICER. Without the National and Community Service Act of nomic Crisis.’’ objection, it is so ordered. 1990, as added by section 1204, strike ‘‘of $500 The PRESIDING OFFICER. Without SUBCOMMITTEE ON HEALTH CARE or $750’’. objection, it is so ordered. Mr. DURBIN. Mr. President, I ask In section 147(d) of the National and Com- COMMITTEE ON HOMELAND SECURITY AND munity Service Act of 1990, as added by sec- unanimous consent that the Sub- GOVERNMENTAL AFFAIRS tion 1404, strike ‘‘equal to’’ and all that fol- committee on Health Care of the Com- lows through the period and inserting the Mr. DURBIN. Mr. President, I ask mittee on Finance will meet on following: ‘‘equal to $1,000 (or, at the discre- unanimous consent that the Com- Wednesday, March 25, 2009, at 2:30 p.m., tion of the Chief Executive Officer, equal to mittee on Homeland Security and Gov- in room 215 of the Dirksen Senate Of- $1,500 in the case of a participant who is eco- ernmental Affairs be authorized to fice Building. nomically disadvantaged).’’. meet during the session of the Senate The PRESIDING OFFICER. Without on Wednesday, March 25, 2009, at 9:30 objection, it is so ordered. SA 720. Mr. NELSON of Florida sub- a.m. to conduct a hearing entitled mitted an amendment intended to be SUBCOMMITTEE ON PERSONNEL ‘‘Southern Border Violence: Homeland Mr. DURBIN. Mr. President, I ask proposed by him to the bill H.R. 1388, Security Threats, Vulnerabilities, and to reauthorize and reform the national unanimous consent that the Sub- Responsibilities.’’ committee on Personnel of the Com- service laws; which was ordered to lie The PRESIDING OFFICER. Without on the table; as follows: mittee on Armed Services be author- objection, it is so ordered. ized to meet during the session of the On page 183, between lines 2 and 3, insert COMMITTEE ON THE JUDICIARY the following: Senate on Wednesday, March 25, 2009, Mr. DURBIN. Mr. President, I ask SEC. 1518. ADDITIONAL CAMPUS AND REPORTING at 2:30 p.m. REQUIREMENT. unanimous consent that the Senate The PRESIDING OFFICER. Without (a) FLORIDA CAMPUS.—The Director of the Committee on the Judiciary be author- objection, it is so ordered. ized to meet during the session of the National Civilian Community Corps under SPECIAL COMMITTEE ON AGING Senate, to conduct a hearing entitled subtitle E of title I of the National and Com- Mr. DURBIN. Mr. President, I ask munity Service Act of 1990 (42 U.S.C. 12611 et ‘‘Oversight of the Federal Bureau of In- unanimous consent that the Special seq.) shall establish a campus described in vestigation’’ on Wednesday, March 25, Committee on Aging be authorized to section 155 of such Act (as amended by sec- 2009, at 9:30 a.m., in room SH–216 of the meet during the session of the Senate tion 1505 of this Act) (42 U.S.C. 12615) for such Hart Senate Office Building. on Wednesday, March 25, 2009 from 10:30 Corps in the State of Florida. The PRESIDING OFFICER. Without (b) AUTHORIZATION OF APPROPRIATIONS.— a.m.–12:30 p.m. in Dirksen 106 for the objection, it is so ordered. There are authorized to be appropriated such purpose of conducting a hearing. sums as may be necessary for the establish- COMMITTEE ON SMALL BUSINESS AND The PRESIDING OFFICER. Without ENTREPRENEURSHIP ment of the campus required under sub- objection, it is so ordered. section (a). Mr. DURBIN. Mr. President, I ask (c) REPORT.—Not later than 1 year after unanimous consent that the Com- f the date of enactment of this Act, the Cor- mittee on Small Business and Entre- poration for National and Community Serv- preneurship be authorized to meet dur- ORDERS FOR THURSDAY, MARCH ice shall submit a report to Congress on the 26, 2009 effectiveness of the expansion of the Na- ing the session of the Senate on tional Civilian Community Corps in address- Wednesday, March 25, 2009, at 10:30 a.m. Mr. DURBIN. Mr. President, I ask ing the effects of hurricanes and tropical The PRESIDING OFFICER. Without unanimous consent that when the Sen- storms in the southern region of the United objection, it is so ordered. ate completes its business today, it ad- States. COMMITTEE ON VETERANS’ AFFAIRS journ until 9:30 a.m. tomorrow, Thurs- f Mr. DURBIN. Mr. President, I ask day, March 26; that following the pray- unanimous consent that the Com- er and pledge, the Journal of pro- AUTHORITY FOR COMMITTEES TO mittee on Veterans’ Affairs be author- ceedings be approved to date, the MEET ized to meet during the session of the morning hour be deemed expired, the COMMITTEE ON ENVIRONMENT AND PUBLIC Senate on Wednesday, March 25, 2009. time for the two leaders be reserved for WORKS The Committee will meet in room 418 their use later in the day, and the Sen- Mr. DURBIN. Mr. President, I ask of the Russell Senate Office Building ate then proceed to a period for the unanimous consent that the Com- beginning at 9:30 a.m. transaction of morning business, with mittee on Environment and Public The PRESIDING OFFICER. Without Senators permitted to speak for up to Works be authorized to meet during objection, it is so ordered. 10 minutes each, with the time equally the session of the Senate on Wednes- SUBCOMMITTEE ON AVIATION OPERATIONS, divided and controlled between the two day, March 25, 2009 at 10 a.m. in room SAFETY, AND SECURITY leaders or their designees, with the Re- 406 of the Dirksen Senate Office Build- Mr. DURBIN. Mr. President, I ask publicans controlling the first half and ing to hold a hearing entitled, ‘‘The unanimous consent that the Sub- the majority controlling the final half; Need for Transportation Investment.’’ committee on Aviation Operations, further, that following morning busi- The PRESIDING OFFICER. Without Safety, and Security of the Committee ness, the Senate resume consideration objection, it is so ordered. on Commerce, Science, and Transpor- of H.R. 1388, the national service legis- COMMITTEE ON FOREIGN RELATIONS tation be authorized to hold a meeting lation. Mr. DURBIN. Mr. President, I ask during the session of the Senate on The PRESIDING OFFICER. Without unanimous consent that the Com- Wednesday, March 25, 2009, at 9:45 a.m., objection, it is so ordered. mittee on Foreign Relations be author- in room 253 of the Russell Senate Office f ized to meet during the session of the Building. Senate on Wednesday, March 25, 2009, The PRESIDING OFFICER. Without PROGRAM at 9:30 a.m. objection, it is so ordered. Mr. DURBIN. Mr. President, tomor- The PRESIDING OFFICER. Without SUBCOMMITTEE ON ENERGY row, at 4 p.m. in room 217 of the Cap- objection, it is so ordered. Mr. DURBIN. Mr. President, I ask itol Visitor Center, there will be a clas- COMMITTEE ON FOREIGN RELATIONS unanimous consent that the Sub- sified Senators-only briefing with Spe- Mr. DURBIN. Mr. President, I ask committee on Energy be authorized to cial Representative for Afghanistan unanimous consent that the Com- meet during the session of the Senate and Pakistan Richard Holbrooke.

VerDate Mar 15 2010 12:05 Aug 01, 2011 Jkt 079102 PO 00000 Frm 00070 Fmt 0686 Sfmt 0634 E:\BR09\S25MR9.002 S25MR9 erowe on DSK5CLS3C1PROD with BOUND RECORD March 25, 2009 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 7 8573 ORDER FOR ADJOURNMENT health care policies in the Senate that do play a crucial role in this Nation’s Mr. DURBIN. Mr. President, if there apply specifically to rural commu- mental health care. is no further business to come before nities. I am proud to join her as we These providers go through rigorous the Senate, I ask unanimous consent it fight to ensure Medicare patients liv- training, and it is similar to the cur- stand adjourned under the previous ing in rural and in frontier States have riculum of a master’s level social order following the remarks of Senator access to and a choice of their mental worker. They must not be excluded BARRASSO. health professionals. from the Medicare Program. I believe The PRESIDING OFFICER. Without The Seniors Mental Health Access S. 671 is critically important to the objection, it is so ordered. Improvement Act will permit marriage health and the well-being of our Na- Mr. DURBIN. Mr. President, I sug- and family therapists and licensed pro- tion’s seniors. It is time for this bill to gest the absence of a quorum. fessional counselors to bill Medicare become law. The PRESIDING OFFICER. The directly. These providers will then re- I yield the floor. clerk will call the roll. ceive 75 percent of the rate that psychi- f The legislative clerk proceeded to atrists and psychologists receive for the same services. ADJOURNMENT UNTIL 9:30 A.M. call the roll. TOMORROW Mr. BARRASSO. Mr. President, I ask I want my colleagues to know that S. unanimous consent that the order for 671 does not expand covered Medicare The PRESIDING OFFICER. Under the quorum call be rescinded. services. It would simply give Medicare the previous order, the Senate now The PRESIDING OFFICER. Without patients who are living in isolated stands adjourned until tomorrow at objection, it is so ordered. frontier States, such as Wyoming, 9:30 a.m. more choices for mental health pro- f Thereupon, the Senate, at 6:29 p.m., viders. adjourned until Thursday, March 26, ORDER OF PROCEDURE Today, approximately three-quarters 2009, at 9:30 a.m. Mr. BARRASSO. Mr. President, I ask of the nationally designated mental f unanimous consent that the period of health professional shortage areas are morning business tomorrow be limited located in rural areas. Over half of all NOMINATIONS to 1 hour. rural counties have no mental health Executive nominations received by The PRESIDING OFFICER. Without services of any kind. Frontier counties the Senate: objection, it is so ordered. have even more dramatic numbers—95 DEPARTMENT OF AGRICULTURE percent do not have a psychiatrist, 68 f DALLAS P. TONSAGER, OF SOUTH DAKOTA, TO BE percent do not have a psychologist, and UNDER SECRETARY OF AGRICULTURE FOR RURAL DE- APPOINTMENTS 78 percent do not have a social worker. VELOPMENT, VICE THOMAS C. DORR, RESIGNED. The PRESIDING OFFICER. The Virtually all of Wyoming is designated DEPARTMENT OF HOUSING AND URBAN Chair, on behalf of the majority leader, a mental health professional shortage DEVELOPMENT pursuant to Public Law 105–83, an- area. PETER A. KOVAR, OF MARYLAND, TO BE AN ASSISTANT SECRETARY OF HOUSING AND URBAN DEVELOPMENT, nounces the appointment of the fol- In Wyoming, there is a total of 474 VICE SHEILA MCNAMARA GREENWOOD. lowing individual to serve as a member mental health providers who are cur- DEPARTMENT OF HEALTH AND HUMAN SERVICES of the National Council of the Arts: the rently eligible to care for Medicare pa- MARGARET A. HAMBURG, OF THE DISTRICT OF COLUM- Honorable SHELDON WHITEHOUSE of tients and bill Medicare for their serv- BIA, TO BE COMMISSIONER OF FOOD AND DRUGS, DE- Rhode Island. ices—474. Additionally, we have over PARTMENT OF HEALTH AND HUMAN SERVICES, VICE AN- DREW VON ESCHENBACH, RESIGNED. The Chair announces, on behalf of 500 licensed professional counselors and IN THE COAST GUARD the majority leader, pursuant to the 61 marriage and family therapists who THE FOLLOWING NAMED OFFICER FOR APPOINTMENT provisions of S. Res. 105, adopted April are currently licensed to practice. IN THE UNITED STATES COAST GUARD TO THE GRADE IN- 13, 1989, as amended by S. Res. 149, None of them are able, at this time, to DICATED UNDER TITLE 14, U.S.C., SECTION 271: adopted October 5, 1993, as amended by charge Medicare for the services they To be rear admiral (lower half) Public Law 105–275, adopted October 21, provide. By enacting this Seniors Men- CAPT. ROBERT E. DAY, JR. 1998, further amended by S. Res. 75, tal Health Access and Improvement IN THE AIR FORCE adopted March 25, 1999, amended by S. Act, that would more than double— THE FOLLOWING NAMED OFFICER FOR APPOINTMENT Res. 383, adopted October 27, 2000, and more than double—the number of men- TO THE GRADE INDICATED IN THE UNITED STATES AIR amended by S. Res. 355, adopted No- tal health providers available to treat FORCE UNDER TITLE 10, U.S.C., SECTION 624: vember 13, 2002, and further amended seniors in my State. To be major by S. Res. 480 adopted November 21, Medicare patients in Wyoming are RYAN G. MCPHERSON 2004, the appointment of the following often forced to travel great distances THE FOLLOWING NAMED INDIVIDUAL FOR APPOINT- MENT TO THE GRADE INDICATED IN THE RESERVE OF Senators as members of the Senate Na- to see mental health providers who are THE AIR FORCE UNDER TITLE 10, U.S.C., SECTION 12203: tional Security Working Group for the currently recognized by the Medicare To be colonel 111th Congress: the Senator from Flor- program. To make matters even more of a challenge, rural and frontier com- MARK J. IVEY ida, Mr. NELSON, and the Senator from THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT Connecticut, Mr. LIEBERMAN. munities have a tough time recruiting TO THE GRADE INDICATED IN THE UNITED STATES AIR Mr. BARRASSO. Mr. President, I and retaining these providers—all pro- FORCE UNDER TITLE 10, U.S.C., SECTION 624: make a note that these appointments viders but especially mental health To be colonel to the National Security Working care providers. In many small towns, a PAUL L. CANNON GARY S. LINSKY Group were inadvertently left off the licensed professional counselor or a STEVEN A. SCHAICK March 9, 2009, appointment to this marriage or family therapist is the CHERRI S. WHEELER group. only mental health care provider in the THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT area. TO THE GRADE INDICATED IN THE UNITED STATES AIR f FORCE UNDER TITLE 10, U.S.C., SECTION 624: Medicare laws only compound the To be major SENIORS MENTAL HEALTH current situation. ACCESS AND IMPROVEMENT ACT Right now, only psychiatrists, clin- RICHARD EDWARD ALFORD ROBERT J. ANDERSON Mr. BARRASSO. Mr. President, I am ical psychologists, clinical social work- SONDRA A. BELL ers, and clinical nurse specialists can TAMONA L. BRIGHT honored to join my colleague from Ar- AMY E. BRYAN kansas, Senator BLANCHE LINCOLN, in bill Medicare for mental health serv- MATTHEW D. BURRIS ices. So it is time the Medicare Pro- ERNEST JOHN CALDERON II introducing Nos. 671, the Seniors Men- PAOLINO M. CALIENDO tal Health Access Improvement Act. gram recognizes the qualifications of KEVIN D. CATRON For over a decade, Senator LINCOLN licensed professional counselors and LINDSAY E. CONTOVEROS ROYAL A. DAVIS has been a strong voice advocating for marriage and family therapists. They WILLIAM D. DEITCH

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JAMES R. DORMAN GEORGE T. YOUSTRA BRIAN A. BALAZS GLORIA A. DOWNEY KYLE M. BALDASSARI PAUL E. DURKES THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT ERNIE J. BALDREE DARREN M. EICKEN TO THE GRADE INDICATED IN THE UNITED STATES AIR NICHOLAS J. BALDWIN LISA D. FILL FORCE UNDER TITLE 10, U.S.C., SECTION 624: TOBIN C. BALDWIN SHELLY M. FRANK To be major JASON W. BALES LANCE E. FREEMAN JOHN I. BALL NATHAN N. FROST PETER BRIAN ABERCROMBIE II JEFFREY M. BANKER THOMAS A. GABRIELE TODD W. ABSHIRE MARK E. BARAN DARREN S. GILKES MATTHEW P. ACER ROBERT P. BARAN ANDREW D. GILLMAN J. A. ACEVEDO CHARLEEN BARLOW MARLA JUDITH GILLMAN RODGER N. ACKLIN HARLEY R. BARMORE CORETTA E. GRAY ADAM J. ACOCK GREGORY M. BARNES PATRICIA A. GRUEN OLGA L. ACOSTA RENAE BARNES MARGARET L. HANNAN DAVID C. ADAMS RICHARD D. BARNHART CHARLES J. HEBNER GREGORY M. ADAMS RYAN F. BARRETT RYAN A. HENDRICKS KIRK D. ADAMS CRAIG R. BARRINGTON AMBER E. HIRSCH MICHAEL J. ADAMS GAIUS S. BARRON BRANDON C. JAROCH ROBERT B. ADAMS MARGARET L. BARRY MATTHEW T. KING SCOTT L. ADAMS DAVID K. BARTELS SHANDRA J. KOTZUN DAVID R. ADAMSON DAVE K. BARTELSON ERIKA E. LYNCH SUSAN M. ADAMSON BRENDON C. BARTHOLOMEW JOSEPH E. MANAHAN SHILETTE M. ADDISON REED CASEY J. BARTHOLOMEW SCOTT W. MEDLYN TONI L. AGNEW JEFF K. BARTLETT CHARLTON J. MEGINLEY DIANA E. AGUILAR MATTHEW A. BARTLETT ETIENNE J. MISZCZAK VICTOR J. AGUILAR VANESSA C. BARTLEY AIRON A. MOTHERSHED JONATHAN E. AIRHART AUSTIN A. BARTOLO JASON S. OSBORNE COREY M. AKIYAMA KEVIN L. BASS BRENT F. OSGOOD CARMELO ALAMO, JR. CHARLES J. BASSETT III STERLING C. PENDLETON JOHN F. ALBERT JAIME BASTIDAS, JR. STEPHAN PIEL MELISSA M. ALBLINGER KYLE C. BATE KEIRA A. POELLET FREDERICK V. ALDRICH PAUL G. BATISH JACOB A. PUGH BRIAN M. ALEXANDER QUIANA M. BATTS MICHELLE A. QUITUGUA CHARLES R. ALLEN, JR. JAMES D. BAUER JENNIFER J. RAAB JUSTIN T. ALLEN GREGORY R. BAUR DREW G. ROBERTS MATTHEW R. ALLEN MELVIN I. BAYLON DAVID ROUTHIER WILLIAM H. ALLEN, JR. JIMACIE N. BEARD, JR. LEE F. SANDERSON MITCHELL L. ALLEY JERRY E. BEAVER, JR. MATTHEW G. SCHWARTZ MAELI A. ALLISON THERESA D. BEAVER DAMON P. SCOTT RICHARD H. ALLISON TIMOTHY D. BECK MULGHETTA A. SIUM RUSSELL P. ALLISON JEFFREY R. BECKHAM DARRIN M. SKOUSEN JAMES C. ALLMAN JESSICA BEDELL TIAUNDRA D. SORRELL CLAYTON H. ALLMON MARIA T. BEECHER JODI M. VELASCO CHRISTOPHER T. ALLRED JOHN T. BEEDE, JR. WILLIAM DAVID VERNON RASUL S. ALSALIH JONATHAN R. BEHUNIN TIFFANY M. WAGNER CARL J. ALSTATT BERNIE E. BEIGH ELWOOD L. WATERS III KEITH R. ALTENHOFEN KAY A. BEIGH DANIEL J. WATSON JAMES D. ALVES JENNIFER B. BEISEL PAUL E. WELLING PHILIP D. AMBARD MICHAEL D. BELARDO ROBERT C. WILDER LAWRENCE JAMES ANDERLEY ALPHONZO R. BELCHER DYLAN B. WILLIAMS ANTHONY W. ANDERSON JENNIFER T. BELCHER RICHARD D. YOUNTS CHRISTOPHER A. ANDERSON ZDRAVKO BELIC DAVID R. ANDERSON JADEE A. BELL THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT JASON R. ANDERSON KIM C. BELL TO THE GRADE INDICATED IN THE UNITED STATES AIR JAY K. ANDERSON SHAUN G. BELLAMY FORCE UNDER TITLE 10, U.S.C., SECTION 624: JOHN E. ANDERSON JOSEPH A. BEMIS To be lieutenant colonel MARK S. ANDERSON BRAD A. BEMISH PAUL D. ANDERSON TODD D. BENDER CHRISTOPHER B. BENNETT STEPHEN P. ANDERSON BRIAN J. BENJAMIN THOMAS L. CLUFF, JR. VANESSA M. ANDERSON BENJAMIN F. BENNETT ROBERT C. COTTRELL, JR. LAURA A. ANDRADE HARRISON DAVID I. BENNETT GAIL E. CRAWFORD JOSHUA K. ANDREWS NELSON P. BENNETT TIFFANY A. DAWSON MICHAEL J. ANDREWS BRIAN D. BENNINGFIELD ANDREA M. DECAMARA MICHAEL R. ANDREWS JOHN D. BENSON PATRICK J. DOLAN SOUNDER R. ANDREWS JOHN F. BENSON DAVID B. EBY STEPHEN L. ANDREWS MARK C. BENSON MICHELE A. FORTE CRAIG R. ANDRLE CORY C. BENTON PATRICK W. FRANZESE GLENN B. ANGELES MICHAEL A. BENZA KYLE W. GREEN SEAN D. ANGUS DEAN E. BERCK CALEB B. HALSTEAD, JR. LEWIS M. ANTHONY CHRISTOPHER J. BERGSTROM BRANDON L. HART ELIZABETH A. APTEKAR CHRISTIAN M. BERGTHOLDT MATTHEW T. JARREAU JERRETT A. ARCHER ALULA B. BERHANE JOHN C. JOHNSON DANIEL J. ARKEMA ROBERT E. BERISH JAMES H. KENNEDY III ERIC R. ARMENTROUT ROBERT A. BERNAZAL JAMES E. KEY III JAMES D. ARNETT GAVIN A. BERNE ANTONY B. KOLENC JIMMY W. ARNOLD JAMES F. BERTLING, JR. KIM E. LONDON JEFFREY J. ARSENAULT EDWARD J. BESTA, JR. AMY L. MOMBER TIMOTHY G. ARSENAULT MICHELE RENEE BESWICK MATTHEW J. MULBARGER ADONIS C. ARVANITAKIS ANGEL E. BETANCOURTTOYENS CHARLES D. MUSSELMAN, JR. BRIAN D. ASCHENBRENNER DAVID A. BETHEL KATHERINE E. OLER ALFRED J. ASCOL MARK C. BETTERS DANIEL A. OLSON JAMES T. ASHLOCK, JR. ROLAND BEZOVICS RALPH A. PARADISO MARK L. ASHMAN WILLIAM A. BIERENKOVEN MICHELE A. PEARCE JAMES E. ASKINS THOMAS E. BIERLY JAMES W. RICHARDS IV CARLOS G. ASSAF DAVID C. BILLS MICHAEL S. RODERICK MATTHEW A. ASTROTH ROBERT G. BINGHAM THOMAS M. RODRIGUES JAMES W. ATCHLEY, JR. BENJAMIN J. BISHOP ROBERT N. RUSHAKOFF ROBERT G. ATKINS JOSHUA JEFFREY BISHOP ELIZABETH L. SCHUCHSGOPAUL JASON E. ATTAWAY ERIC M. BISSONETTE MICHAEL W. TAYLOR GLENN K. AUGE PAULA D. BISSONETTE GRAHAM H. TODD RANDALL R. AUSTILL NICOLE M. BITTLE OWEN W. TULLOS ROBERT A. AUSTIN ERIC R. BIXBY TIMOTHY J. TUTTLE ANDREW J. AVERY ANDREW H. BLACK JEREMY S. WEBER KEVIN P. AVERY JOHN D. BLACKMAN DAVID J. WESTERN DANNY AVILA JASEN B. BLACKSBURG ADAM H. AVNET KIP D. BLACKWELL THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT ALAN B. AVRIETT, JR. MICHAEL J. BLAIR TO THE GRADE INDICATED IN THE UNITED STATES AIR ERIK M. AXT CHARLOTTA D. BLALOCK FORCE UNDER TITLE 10, U.S.C., SECTION 624: CHARLES F. AXTELL TIMOTHY A. BLANK To be lieutenant colonel STEVEN J. AYRE JEFFREY A. BLANKENSHIP SARAH S. BABBITT JAMES S. BLAZAK WILLIAM A. BARTOUL JASON R. BACHELOR JASON E. BLEVINS JAMES D. BRANTINGHAM ROBERT E. BADER, JR. MICHAEL R. BLISS DAVID L. CARR ERIC D. BADGER ANQUENETTA BLOUNT JOSEPH DEICHERT RYAN J. BAGLEY DARRELL A. BOARD JAMES M. GLASS DONNY LYNN BAGWELL TIMOTHY R. BOBINSKI GREGORY D. JANS CRAIG S. BAILEY ALLEN D. BOETTCHER WILLIAM GERALD OSULLIVAN GREGORY P. BAILEY BRIAN W. BOETTGER MARK W. SAHADY MARK P. BAILEY YULANDA J. BOGANY GERALD HARVEY SNYDER, JR. BLAINE L. BAKER CHRISTOPHER J. BOILEAU WARREN A. WATTIES LUKE A. BAKER SEAN BOLDT G. LLOYD WOODBURY, JR. KRISTEN D. BAKOTIC ROBERT L. BOLES

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JOEL ANDREW BOLINA LUIS N. CAIRO NATHAN ROBERT COOK KENT D. BOLSTER MARCUS B. CALDERON RUSSELL P. COOK STEVEN J. BOLSTER JOSHUA N. CALDON JAMES H. COOKE DOUGLAS W. BONARO DAVID W. CALLAWAY THOMAS M. COOKE WILLIAM H. BONES JOHN A. CAMINO WILLIAM G. COOLEY JOSEPH M. BONNER MICHAEL B. CAMPBELL BRYAN J. COOPER TIMOTHY E. BOOK ERIC W. CANNELL CORY A. COOPER JOSEPH S. BOOTH DANIELL A. CANNON ALAN F. COPELAND STEPHEN F. BOOTH JERALD M. CANNY JERRYMAR J. COPELAND, JR. DAVID A. BOPP JAMES R. CANTU SHAWN P. COREY THOMAS P. BORREGO JOHN T. CANTY DARYL G. CORNEILLE RAFAEL A. BOSCH MICHAEL A. CAPOZZI MICHAEL S. CORNELIUS GREGORY D. BOSCHERT NICOLE L. CAPOZZI MELISSA D. CORNOR DEREK M. BOUGHNER BRIAN W. CAPPS JAMES F. CORRIGAN, JR. YVETTE K. BOURCICOT HEATHER R. CAPURRO JASON P. CORRIGAN GRAHAM W. BOUTZ MICHAEL J. CARAWAN RYAN J. CORRIGAN CHAD T. BOWDEN LEONARDO A. CARDENAS MICHAEL J. CORSAR JONATHAN D. BOWEN RICHARD A. CAREY DAVID CORTEZ RICHARD J. BOWER WILLIAM H. CAROTHERS III KEVIN R. COSSEY DANIEL S. BOWES NANCY L. CARR FRANCISCO COSTA THOMAS R. BOWMAN THOMAS K. CARR JAMES RONALD COUGHLIN ROSS T. BOWN ERIC M. CARRANO JOSEPH D. COUGHLIN CHRISTOPHER D. BOYD CHRISTOPHER D. CARROLL KENNETH R. COULOMBE RONALD G. BOYD KENDRICK L. CARROLL ADAM J. COURT DAVID A. BOYER SCOTT R. CARSON DANIEL R. COURTRIGHT THOMAS H. BOYLE CHARLES L. CARTER JAMES D. COVELLI WILLIAM L. BOYLES, JR. DANIEL L. CARTER BRUCE A. COX MICHAEL M. BOYNTON LORRIE C. CARTER CHRISTOPHER G. COX DAVID J. BOYTIM STEVEN J. CARTER STEPHEN M. COX THOMAS R. BOZUNG VIRGIL A. CARTER JOSHUA R. CRAIG DENVER M. BRAA JORDAN M. CARVELL JAMES F. CRAWFORD, JR. DAWN P. BRACKROG JASON R. CASE KIM M. CRAWFORD ANDRE R. BRADLEY JONATHAN P. CASEY SEAN M. CREAN PATRICK L. BRADYLEE SCOTT K. CASSANO NATHAN A. CREECH BRIAN A. BRAGG JOSE L. CASTANEDA WILLIAM J. CREEDEN WILLIAM D. BRAGG JEREMY R. CASTOR JOHN B. CREEL BRADLEY L. BRANDT JOSHUA A. CATES MARK L. CRETELLA RICARDO S. A. BRAVO HILBURN B. CAULDER PETER A. CRISPELL CHRISTOPHER T. BRAY JASON P. CECCOLI MATTHEW P. CROCKETT COLE L. BRAY RYAN CANAAN CENGERI LACY D. CROFT III MICHAEL P. BRAZDA DAVID J. CHABOYA HEATHER R. CROOKS CHRISTOPHER J. BRECHEISEN DAVID S. CHADSEY ROSE E. CROSHIER ALISON P. BREEDEN BRIAN D. CHANDLER CHRISTOPHER J. CROTTY CHRISTOPHER W. BREFFITT CLIFFORD J. CHAPMAN KENNETH A. CROWE LANCE M. BRENNEKE MICHAEL D. CHARLES SCOTT C. CRUM ADAM C. BRIGHT SCOTT M. CHARLTON MATTHEW T. CRUMLEY JUSTIN E. BRIGHT DOUGLAS A. CHARTERS KEVIN CUARTAS SHANNON E. BRILL DAREN J. CHAUVIN SANDRA P. D. CULPEPPER BURTON G. BRINKER RUDOLFO CHAVEZ III DENNIS C. CUMMINGS ERIC R. BRINKMAN ELIZABETH A. CHERNEY ANDREW B. CUNNAR MICHAEL T. BROCKBANK RAYMOND H. CHESTER, JR. DEREK M. CUNNINGHAM ABDULLAH A. BRODIE JUSTEN D. CHILBERT SCOTT R. CUNNINGHAM BENTLEY A. BROOKS KEVIN R. CHILDS JOHN F. CURREN ROBERT J. BROOKS LOYD G. CHILDS ROBERT C. CUSTER TROY J. BROSKOVETZ MATTHEW S. CHISAM JAMES H. DAILEY AHAVE E. BROWN, JR. JASON C. CHISM SARA E. DAILEY BENJAMIN P. BROWN RYAN PATRICK CHMIELEWSKI RAYMOND L. DANIEL DANIEL J. BROWN ADAM S. CHMURA DENNIS J. DANIELS DAVID M. BROWN BRIAN D. CHRISTENSEN RICHARD L. DANIELS JOEL N. BROWN CHARLES F. CHRISTENSEN TIMOTHY J. DANOS, JR. JON C. BROWN ERIC J. CHRISTENSEN JOHN R. DARITY KIRK C. BROWN RICARDO M. CISNEROS JOHN M. DAUTEL MICHAEL W. BROWN BILLY W. CLARK MICHAEL T. DAVILA DAVID A. BRUCE BRANT CLARK DARRIN B. DAVIS SEAN P. BRUCE BRENT CLARK DONOVAN S. DAVIS STEVEN P. BRUMMITT CHRISTOPHER G. CLARK JAMES M. DAVIS JOHN S. P. BRUNNER JAMES M. CLARK ROBERT WILLIAM DAVIS ELAINE M. BRYANT RYAN A. CLARK SANDRA J. DAVIS MICHAEL T. BRYANT MATTHEW J. CLAUSEN SCOTT S. DAVIS TRACEY A. BRYANT ROBERT C. CLAY TASSIKA M. DAVIS PARKIN C. BRYSON DENNIS C. CLEMENTS WALLACE B. DAVIS DOCIA A. BUCHANAN JASON D. CLENDENIN JOHN P. DAVITT JESSICA F. BUCHTA RYAN D. CLEVELAND DONALD R. DAY AARON R. BUCK WILLIAM J. CLEVELAND KAREN M. DAYLEHORSLEY CHRISTOPHER J. BUCKLEY JAMES L. CLINE JONATHAN M. DEA BRIAN J. BUDDE JOSHUA R. CLOSE JUSTIN R. DEAN RYAN P. BUDINKO ROBERT N. J. CLOUSE BRETT A. DEANGELIS DAVID C. BUDZKO MAX A. COBERLY, JR. MICHAEL E. DEAVER CHRISTOPHER J. BUECHLER CHRISTOPHER B. COCHRAN JOSHUA W. DEBOY JAMES J. BUESSING, JR. ROBERT P. M. COCKE JOHN B. DECKER LAURA M. BUNYAN RICO C. CODY WILLIAM R. DEFOREST JONATHAN R. BURD TYRONE M. COFIELD KENNETH S. DEGON DARIUS E. BURDEN BRUCE H. COHN ANTHONY J. DEGREGORIA ROBERT A. BURDETTE MITCHELL J. COK ERIC P. DEHN JAMES L. BURGESS JASON M. COLBORN NICHOLAS E. DELCOUR JEREMIAH J. BURGESS JAMES W. COLE III ILYNE SYL D. DELIQUINA JOSHUA D. BURGESS TIMOTHY J. COLE GREGORY DEMARCO SIERRA C. BURGESS STEPHANIE E. COLEMAN LEWIS A. DEMASO AARON J. BURKE SHAD K. COLGATE BRIAN A. DENARO ANN M. BURKS CASEY J. COLLIER JOSEPH C. DENNING III KRISTINA C. BURNE AMY JO COLLINS RANDALL D. DEPPENSMITH BRIAN S. BURNHAM BRETT L. COLLINS DARRIN L. DEREUS JAYDEE A. BURNS CHRISTOPHER W. COLLINS RYAN T. DERZON WILLIAM ROBERT BURNS MARIAN R. COLLINS ANDREW C. DESANTIS, JR. ANDREW L. BURROUGHS MICHAEL E. COLLINS JOHN M. DESIR ERIC B. BURROUGHS GREGORY S. COLLISTER GORDON G. DEVRIES JASON P. BURROUGHS PHILIP J. COLOMY CHRISTOPHER M. DICKENS JONATHAN J. BURSON NATHAN T. COLUNGA JEREMY C. DICKEY TRAVIS A. BURTON MARK S. COLWELL PABLO F. DIEPPA MATTHEW L. BUSCH RANDY C. COMBS AMANDA J. DIETRICH RICHARD J. BUSH RYAN P. COMBS MARK A. DIETRICH ROGER L. BUSHORE LEE A. COMERFORD NATHAN P. DILLER JOHN D. BUSKE DAVID R. COMPTON NATHAN E. DILLON DEBRA L. BUTLER WILLIAM D. CONE IAN M. DINESEN JOSEPH M. BUTRYN BRIAN S. CONFER ANDREW J. DINUZZO CHRISTOPHER K. BUTTS JENNIFER M. CONK NICHOLAS M. DIPOMA RODERIC K. BUTZ RYAN D. CONK BRANT A. DIXON KEVIN W. BYRD CHRISTOPHER CONNOLLY JAMES J. DO MALCOLM M. BYRD DERRICK D. CONNOR DOUGLAS J. DODGE JAMES M. BYRNE MICHAEL J. CONRAD SHON P. DODSON EDWIN R. BYRNES MICHAEL A. CONTARDO FREDERICK W. DOHNKE JOSE L. CABRERA BENJAMIN D. COOK MORGAN C. DOLYMPIA

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JEREMY A. DOMB WILLIAM F. FISH, JR. MANUEL J. GOMEZ THOMAS S. DONAHUE TIMOTHY J. FITZPATRICK FERMIN M. GONZAGA DAVID H. DONATELLI II ERIC A. FLATTEM JOSE A. GONZALEZ MICHAEL J. DOOLEY JAMES I. FLEMING JON P. GOODMAN PATRICK J. DORAN SCOTT M. FLEMING AMANDA J. GOOKINS TYSON R. DORAN CHARLES R. FLETCHER STEVEN J. GORMAN CRAIG DORN FRANCISCO A. FLORES RICHARD A. GRAB MICHAEL J. DORRELL JONATHAN FLORES TORREZ L. GRACE ERIC J. DOSSER JOHN A. FLORY JOHN L. GRADY, JR. JOEL KENT DOUGLAS ROBERT C. FOLKS JOHN G. GRAHAM NATHANIEL J. DOUGLAS BILLY R. FONDREN STEPHEN C. GRAHAM PATRICK J. DOYLE SCOTT E. FOREMAN STEPHEN C. GRAHAM CHARLES P. DOZIER JOSEPH D. FORTIN II THOMAS JERROLD GRAHAM ROSSIUS A. DRAGON DOUGLAS E. FOSTER MICHAEL E. GRAHN DIANNE A. DREESMAN ROBERT W. FOWLER KEVIN A. GRANT NATHAN O. DREWRY HEATHER A. FOX ROBERT L. GRANT AARON E. DRIPPS IAN M. FRADY JONATHAN S. GRATION LLOYD G. DROPPS, JR. GREGORY G. FRANA ERIK B. GRATTEAU JAMES M. DRUELL CABELL D. FRANCIS PAUL M. GRAVES DAVID L. DRUMMOND EDWARD M. FRANCIS DAVID T. GRAY PATRICK J. DUBE MICHAEL U. FRANCIS KATHRYN L. GRAY THOMAS E. DUBE NICOLE H. FRANCIS MARK P. GRAZIANO APRIL M. DUCOTE ABIGAIL A. FRANDER BRIAN S. GREANIA CHRISTOPHER M. DUFFETT AARON J. FRANKLIN RICHARD W. GRECULA CORY P. DUFFY JAMEY K. FRAZIER ANDREW J. GREEN PETER J. DUFFY SCOT A. FRECHETTE HERBERT T. GREEN DAVID J. DUFRESNE ERIK A. FREDMONSKY JOHNNIE C. GREEN JOHN M. DUKE BENJAMIN S. FREEBORN NATHAN E. GREEN HOLLI L. DUNN TERRELL FREEMAN II MARC E. GREENE BRANDON C. DURANT JON R. FRIEDMAN MATTHEW B. GREENWOOD GREGORY C. DURHAM MARK J. FRIESEN YADIRA C. GREESON LAURA M. DURHAM SHANE C. R. FRITH JEREMY R. GREY RYAN E. DURHAM CARL E. FROHMAN JUSTIN T. GRIEVE PAUL A. DURST KASEY L. FRY BRIAN D. GRIFFIN BEN T. DUSTMAN JUSTIN M. FRYE JONATHAN T. GRIFFIN BRYAN J. DUTCHER MICHAEL A. FUGETT AARON B. GRIFFITH CRAIG B. DUTTON TIMOTHY B. FUHRMAN CLAUDE T. GRIFFITHS RICOCARLO C. DY BRIAN K. FUHS MATTHEW M. GRIMES CHESLEY L. DYCUS BUD M. FUJIITAKAMOTO ROFELIO LAVENON GRINSTON MICHAEL T. EASON CHARISE J. FULLER KEVIN S. GRISWOLD CHARLES D. EAST CHRISTIAN M. FULLER GARRETT M. GROCHOWSKI TIMOTHY J. EATON BREANNA D. FULTON PATRICK E. GRUBER KEVIN J. EBERHART MICHAEL S. FURMAN KYLE B. GRYGO MICHAEL A. EBERL LARRY W. GABE ADAM GUBITOSI GREGORY R. EBERT ANDREW J. GABRIELSKI BRUCE T. GUEST CHRISTOPHER J. EBERTH STEVEN J. GADOURY SHAUNTELL GUILLORYHAWKINS DOUGLAS E. ECKERT PHILIP H. GAGNON PAUL K. GULCK JASON T. EDDY JOHNNY L. GALBERT COLE W. GULYAS RYAN G. EDDY DEREK P. GALLAGHER DERRICK D. GURLEY DANIELLE R. EDELIN MICHAEL S. GALLAGHER ANTHONY M. GURRIERI MICHAEL A. EDMONSTON JONATHAN S. GALLEGO ERIK R. GUSTAFSON JOSHUA C. EGAN WILLIAM J. GALLIAN JEFFREY T. GUTTMAN KEVIN D. EGGERS RICHARD W. GALSTERER II SAMANTHA M. HABERLACH ROBERT F. EHASZ JUDE I. GAMEL DOUGLAS E. HABERSTROH RONALD K. EHRESMAN RAYMOND W. GAMERO KARL E. HAGARTY ROBERT E. EKLUND DAVID A. GARAY NATHAN D. HAGERMAN MATHEW W. ELLEBY CHRISTOPHER P. GARDNER LEE D. HAGES DANIEL J. ELLERBROOK JASON L. GARLAND JOSEPH W. HAGGERTY BRIAN T. ELLIOTT DAVID M. GARNER DAVID A. HAGLER GARRY L. ELLIOTT DAVID K. GARON MICHAEL L. HAIRE OLIVIA S. ELLIOTT MATTY L. GARR EDWARD W. HALE JOSHUA A. ELLIS ROBERT D. GARRETT, JR. JOHN M. HALE CHAD R. ELLSWORTH MICHAEL C. GARZA ERIC D. HALER JONATHAN J. ELZA STEVE J. GARZA II COLLEEN E. HALL EDWARD M. EMERSON II GEORGE H. GARZON JAMES C. HALL WENDY I. ENDERLE JOHN F. GAUGHAN JEFFREY J. HALL ROGER W. ENGLE III JOHN A. GAZZAWAY JUSTIN L. HALL MICHAEL J. EPPER JOSEPH P. GEANEY PATRICK G. HALL JASON O. ERICKSON BRIAN D. GEBO RANDY S. HALL DAVID A. ERICSON EMILY D. GEBO SCOTT B. HALL JOSEPH M. ESLER CHAD A. GEMEINHARDT SHAWN TRAVIS HALL JONATHAN E. ESPARZA VINCENT M. GEMMITI, JR. ALEXANDER A. HAM N. KEIBA J. ESTELLE JENNIFER T. GENDZWILL DENNIS J. HAMILTON MATTHEW W. ESTOUP DANIEL C. GENEST HENRY J. HAMILTON JOHN T. ETHRIDGE CHRISTOPHER D. GENTILE NICHOLAS H. HAMILTON JAMES K. EUSTIS CHRISTOPHER A. GENTRY REBECCA A. HAMILTON BRIAN EVANS CINDY R. GENTRY JEREMIAH J. HAMMILL CARMEN C. EVANS JEREMIAH S. GENTRY JACOB L. HAMMONS MORGAN J. EVANS BENJAMIN E. GEORGE ROBERT A. HAMMONTREE JILL M. EVENSKI BRIAN M. GEORGE JOSHUA M. HAMPTON BRIAN A. EWASKO LANCE M. GEORGE MARCUS C. HAMPTON STEWART A. EYER MICHAEL P. GERANIS PHILLIP W. HANCOCK, JR. CHRISTOPHER G. EYLE EDWIN GERMOSEN CHARLES R. HANCOX ALEXANDER B. FAFINSKI BRIAN S. GERWE GUNNAR J. HANKINS MARTIN R. FAGAN ANDREW J. GEYER MATTHEW L. HANNON DAVID A. FAGGARD COREY D. GIBBS KIRK M. HANSEN BENJAMIN D. FALLIN VIRGIL G. GIBBS CHRISTOPHER A. HANSON RYAN LEE FANDLER DONNY G. GIBSON KENNETH P. HANSON MATTHEW T. FARLEY MATTHEW W. GIBSON BRADLEY J. HARBAUGH JAMES D. FARM GAVIN G. GIGSTEAD BRIAN L. HARDEMAN WENDY J. FARNSWORTH HARDY T. GILES II WILLIAM M. HARDIE ROBERT A. FAUSTMANN SCOTT A. GILLER STEPHEN C. HARDING MICHAEL E. FEALKO ERIC N. GILLESPIE JOSEPH J. HAREN ALLAN J. FEEK BENJAMIN J. GILLULY STEVEN A. HARLER TIFFANY A. FEET MICHAEL J. GILMORE MARIBEL HARMON RONALD G. FEHLEN JOSEPH L. GILPIN KENNETH M. HARNEY STEPHEN T. FEKETE RICHARD S. GLADE DONNIE O. HARP CENTRON FELDER NATHAN E. GLAUVITZ JOEL T. HARPER RICCO FELICIANO NATHAN I. GLAVICH L. D. HARPER JEFFREY T. FELTON TRACY L. GLAZER MICHAEL A. HARRIGAN LARRY FENNER BRADLEY C. GLENISTER CHAD A. HARRIS BRIAN M. FERGUSON ETHEL Y. GLENN CRAIG W. HARRIS CHANEY L. FERGUSON CHRISTOPHER A. GLIDDEN RICHARD S. HARRIS JOHN FRANKLIN FERGUSON SANDRA D. GOBLE BRENDAN P. HARRISON ADRIANA M. FERNANDEZ DONALD G. GODBEY II JOHN M. HARRISON GABRIEL J. FERNANDEZ JEFFREY M. GODZIK MICHAEL R. HARRISON TAYLOR T. FERRELL AMY L. GOFF AARON HART MARK R. FERSTL CYNTHIA LYNN GOHIER WILLIAM B. HARTMAN JAMES CECIL FIELDS II RUSSELL D. GOHN WALTER B. HARVEY ISRAEL FIGUEROARODRIGUEZ JASON R. GOLDBERG SHABBIR HASAN JEFFREY J. FINCH DANIEL M. GOLDSMITH MARSHA L. HASBERGER CEDRIC L. FINNEN JOHN J. GOMEZ KAREEM W. A. HASKETT

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CHARLES E. HASSELL DAVID P. ILGENFRITZ TYLER SCOTT KERN DORY L. HASSON DENISE N. ILKAY DAVID A. KERNS KATHLEEN M. HASSON JOSHUA J. IMME EUGENE R. KESELMAN MATTHEW C. HASSON THAROMMONY T. IN BENJAMIN W. KESSLER JIMMY DALE HATAWAY RYAN C. INGLE UMAR M. KHAN KEVIN E. HAY JOSEPH A. INGRAM EDWARD KIM DANIEL F. HAYES IAN M. IRVINE TORY D. KINDRICK RYAN T. HAYES CATERCIA S. ISAAC RYAN J. KINDSETH TRAVIS J. HAZELTINE RYAN L. ISMIRLE LAURA A. KING CHARLES A. HEBERT CHRISTOPHER M. ISRAEL MARY M. KING HARVEY E. HECK KAREN E. JACK MEGAN A. KINNE BRENT D. HECKEL CHARLES H. JACKSON, JR. TIMOTHY A. KIPP JEFFREY L. HEDGPETH JASON D. JACKSON SHAMEKA N. KIRK PATRICK J. HEGARTY KENNETH L. JACKSON, JR. TROY A. KIRK DAVID A. HEINITZ ANDREW P. JACOB DOUGLAS KISBY JOHARI J. HEMPHILL ERIC D. JACOBS THOMAS C. KISIO CLEMONS D. HENDERSON RICHARD A. JACOBS JOHN H. KLAPP DANIEL C. HENDERSON ANGELA M. JACOBSON BRANIN W. KLAUSMAN STEPHEN W. HENDREN GENE A. JACOBUS MARK P. KLEEMAN MICHAEL J. HENDRICKS GREGORY A. JAKUS DAVID J. KLEIN ERIC K. HENDRICKSON KEVIN M. JAMES JASON W. KLINKEL JAMES M. HENDRICKSON NICHOLAS C. JAMESON MICHAL KLOEFFLER DUANE D. HENRY ROBERT E. JAMESON, JR. JOSHUA J. KLOTH MATTHEW C. HENSLEY JAMMIE LYNN HIMSL JAMIESON CHANTEL M. KNAPP ADAM J. HEPP KEVIN M. JAMIESON BRIAN L. KNAUF BRIAN P. HERMAN MARCUS W. JANECEK WILLIAM S. KNEPPER DAVID M. HERON, JR. ERIC J. JANSKI SCOTT F. KNERR DANIEL M. HERVAS JESSE JARAMILLO CHRISTOPHER P. KNIER SKYLER D. HESTER JORGE F. JARAMILLO ANTHONY D. KNIGHT MELISSA R. HEYEN JACOB S. JAWORSKI RICHARD A. KNISELEY II ALEXANDER L. HEYMAN SCOTT D. JENDRO NICOLE L. KNUDSEN ALBERT J. HIBPSHMAN ALVIN J. JENKINS TYLER D. KNUDSEN PATRICK N. HICKS DAVID E. JENKINS BRIAN A. KNUDSON RHETT S. HIERLMEIER JEFFREY SCOTT JENKINS MICHAEL S. KNUTT JESSE W. HIGER KENT R. JENSEN BRIAN K. KOCH JASON E. HIGGS MARK H. JENSEN RODRICK A. KOCH TRAVIS J. HIGGS SCOTT A. JENSEN JOHN G. KOCHANSKI MATTHEW P. HILEMAN JIMMY J. JEOUN CHRISTOPHER M. KOEHLER MICHELLE M. G. HILL DANIEL S. JERDAN JOHN J. KOEHLER TODD S. HILL KEVIN R. JERNIGAN CHAD D. KOHOUT STEVEN W. HILLARD GREGG W. JEROME ANDRE KOK LORI M. HINDERER COREY A. JEWELL ROBERT J. KONGAIKA DANIEL J. HINGLEY ZACHERY B. JIRON ANDREAS T. KONHAEUSER BRIAN O. HINKEN BENJAMIN A. JOHNSEN CARRIE M. KONOWICZ PETER L. HINRICHSEN ANDRE M. JOHNSON BRANDON D. KOONCE PAUL H. HINSON BRANDON E. JOHNSON LEVON KOONCE NATHAN J. HIPPE CAMI L. JOHNSON NATHAN C. KORAN RICARDO HIRALDO CAREY F. JOHNSON WILLIAM C. KOSTAN DANIEL S. HOADLEY CHRISTOPHER A. JOHNSON MICHAEL A. KOVALCHEK CATHERINE E. HOARD DANIEL C. JOHNSON RICHARD R. KOVSKY EUGENE B. HOCKENBERRY ERIK S. JOHNSON BENJAMIN R. KOWASH HOUSTON B. HODGKINSON ERIK W. JOHNSON JOSEPH C. KOZUCH BRAD K. HOFFMAN IAN J. JOHNSON ALEX E. KRAUSE BRIAN E. HOFFMAN JOHN A. JOHNSON, JR. MIA L. KREIMEIER DAVID ASHBY HOFFMAN KIP E. JOHNSON JAMES D. KREINBRINK GREG J. HOFFMAN KIRK W. JOHNSON RICHARD D. KREIT GREGORY S. HOFFMAN MARK A. JOHNSON KRISTOPHER J. KRIPCHAK DOUGLAS A. HOGAN MATTHEW K. JOHNSON GARY G. KRUPP BRYAN M. HOKE MISTY G. JOHNSON MATTHEW R. KUCIA MICHAEL W. HOLDCROFT PETER MATHIAS JOHNSON KEVIN S. KUCIAPINSKI WILLIAM D. HOLL ROBERT A. JOHNSON SCOTT R. KULLE JEFFREY G. HOLLAND SCOTT G. JOHNSON DAN K. KUNKEL CHIP W. HOLLINGER JEFFREY W. JOHNSTON JOSHUA K. KUNTZMAN TERRY P. HOLLINGSWORTH WILLIAM R. JOHNSTON CHRISTOPHER M. LACEK PARIS J. HOLLIS DAVID W. JONES JOEL T. LACKEY JOHN C. HOLLISTER GREG L. JONES JAMES A. LADD TAMMY L. HOLLISTER JAMES R. JONES JAMES M. LAFERRIERE JONATHON W. HOLLOWAY JENNIFER C. JONES JEFFREY R. LAFLEUR ARIC D. HOLLY JUDSON B. JONES MARK R. LAHEY JAMES M. HOLMES MICHAEL W. JONES MICHAEL J. LAKE TERRANCE J. HOLMES STEVEN C. JONES JESSE W. LAMARAND NATHANIEL P. HOLTON STEVEN S. JONES STEVEN N. LAMB AUSTIN D. HOOD TREVOR A. JONES DAVID J. LAMKIN BRIAN J. HOOD WILLIAM J. JONES ROBERT L. LAMORE JAMES T. HOPKINS M. L. JORDAN, JR. PHILIP D. LANCASTER JASON W. HOPKINS JOEL T. JORGENSEN MICHAEL D. LANDERS JAMES T. HORNE DAVID A. JOSSART MICHAEL S. LANDERS ERIC M. HORST CHRISTOPHER T. JOYCE SHAUN J. LANDRY JONATHAN R. HOUGNON THOMAS A. JUNTUNEN ANDREW W. LANDWER RACHEL A. HOUSE KEVIN W. JUSTICE ALFRED F. LANE MARK D. HOWARD MARSEY K. JUSTICE BETH C. LANE STEVEN L. HOWARD ANDREW J. JUTTE BRIAN D. LANE TRACEY A. HOWELL DOUGLAS A. KABEL ADAM R. LANG CYNTHIA E. HOWZE TETSUO KAIEDA REBECCA S. LANGE JASON P. HRYNYK ROBERT M. KAIN BREANNA K. LANKFORD JAMES A. HUDNELL JASON M. KALIN FRANCIS W. LANKIST, JR. CHARLES B. HUDSON JASON M. KALMAN STEPHEN P. LAPORTE ERIC W. HUDSON JASON P. KANE AARON C. LAPP JAMES F. HUDSON, JR. DREW G. KANIKEBERG PETER F. LARRABEE JASON E. HUFF PAUL A. KANNING ADAM D. LARSON CHRISTIEN N. HUGHES KARIE DENISE KAPISE ANDREW J. LARSON CHRISTOPHER M. HUGHES NATHAN KARTCHNER AARON G. LASCH COLIN P. HUGHES PETER E. KASARSKIS SHANNA J. LATIMER DAVID M. HUGHES JEFFERY S. KASSEBAUM JOHN C. LATOUR EMILY E. HUHMANN ANDREW V. KATZ MATTHEW E. LAUBACHER CHERYL A. HUIATT MICHAEL D. KAUN BENJAMIN J. LAUBSCHER BOBBY L. HUNT RYAN B. KAY KENNARD R. LAVIERS JAMES D. HUNT BRETT N. KAYES JOSEPH M. LAWS THOMAS B. HUNT DAVID P. KECK SCOTT E. LAWSON DAVID J. HUNTER RYAN M. KEHOE ERIC W. LAZENBY JAYSON K. HUNTSMAN ADAM J. KEIL MATTHEW T. LEBLANC GREGORY B. HURLEY CRAIG DOUGLAS KEITER GREGORY S. LECRONE RONALD D. HURT STEPHEN R. KEITH CHRISTOPHER B. LEDFORD MATTHEW S. HUSEMANN TERRANCE C. KEITHLEY DARRYL B. LEE JOHN M. HUTCHINS SAM J. KELLEY DAVID J. LEE DONALD W. HUTCHISON ALLEN L. KELLY II JARRETT S. LEE THOMAS A. HUTTON MARK S. KELLY KEVIN R. LEE JOHN R. HUTZEL PATRICK A. KELLY KIMBERLY E. LEE PATRICIA L. HYLAND PAULA A. KELLY SONDA L. LEE TIMOTHY D. HYLAND DANIEL P. KENISON STEPHEN D. LEE CHRISTOPHER V. IAVARONE JOANN N. KENNEALLY WILLIAM M. LEE MANAAL N. IBRAHIM HARRY L. KENNER JOE E. LEEPER

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ANDREW R. LEGAULT STEVEN A. MARSHALL BRANDON L. MILLER DENNIS R. LEIGH TONY L. MARSHALL CAREY E. MILLER JEREMY C. LEIGHTON VERNON P. MARTENS CRISTIN A. MILLER PAUL J. LEIM ANDREW A. MARTIN JAKE L. MILLER JERRY E. LEINECKE JAROD MARTIN JARED R. MILLER LEOPOLD H. LEMELSON JEFFREY A. MARTIN LISA A. MILLER JOHN SCOT C. LEMKE NICHOLAS H. MARTIN MARK A. MILLER MAX A. LEMONS RENEE A. MARTIN MATTHEW J. MILLER BRETT M. LENT DAVID G. MARTINEZ MICHAEL A. MILLER STEPHEN H. LEPRELL JASON E. MARTINEZ TY E. MILLER WILLIAM D. LESTER ALFRED P. MARTZ WILLIAM A. MILLER HUNTER S. LETCHMAN JAMES H. MASONER, JR. DAVID C. MILLETT DUNCAN C. LEUENBERGER ANTHONY P. MASSETT MARC K. MILLIGAN STEVEN J. LEUTNER AARON J. MATE LANCE M. MILLONZI ANDRE PIERRE A. LEVESQUE BARRY S. MATHENEY MATTHEW D. MINKLEY MICHAEL B. LEWIS FRANK A. MATHEY MICHAEL S. MINZYK SCOTT S. LEWIS TODD A. MATSON ANDREW C. MISCISIN TY C. LEWIS ANDREW H. MATTHEWS MELODY H. MITCHELL JENNIFER A. LIBBY ETHAN W. MATTOX RODNEY D. MITCHELL CHAD R. LICHTY GABRIEL P. MATTY WAYLON SAMUEL MITCHELL BRIAN M. LIGHTFOOT DAVID M. MAX SANDRA A. MIZELL DALE M. LIGHTFOOT CHRISTOPHER E. MAXEY GARLAND T. MOBLEY JAN P. LINCH JOSEPH D. MAXON BROCK D. MOLDEN BRINTON C. LINCOLN LOREN K. MAXWELL KIMBERLY L. MONK MICHAEL J. LINDER JAMES R. MAY ALLEN H. MONROE LONNIE N. LINGAFELTER GREGORY C. MAYER DAVID B. MOON BRANDON J. LINGLE ERNEST G. MAYFIELD ADAM E. MOORE ELDRICK LINK MICHAEL H. MAYO ALAN JOSEPH MOORE KARSTEN E. LIPIEC RICHARD D. MAZE GARY B. MOORE JASON E. LISKA CHRISTINA J. MAZGAJEWSKI JASON P. MOORE BREEA J. LISKO THOMAS J. MCCANN JOHANNES C. MOORE JEROME C. LITZO, JR. JASON E. MCCARDELL JULIE C. MOORE MICHELE A. LOBIANCO JASON M. MCCARTY SHANNON E. MOORE DAVANCE E. LOCKLEAR JEFFERY K. MCCARTY TIMOTHY S. MOORE TIMOTHY R. LOGAN MATHEW J. MCCARTY RICHARD C. MOORES SIDNEY T. LONEY, SR. TIMOTHY K. MCCARTY JENNY L. MOOSE THOMAS D. LONG KEVIN K. MCCASKEY JASON P. MORAES ANDRES I. LOPEZ DAVID A. MCCASKILL GREGORY E. MORANO JOSE A. LOPEZ SCOTT H. MCCLAIN ROBIN D. MOREE RICARDO J. LOPEZ JEREMIAH J. MCCLENDON CLIFFORD W. MORGAN ROBERT M. LOPEZ WILLIAM S. MCCLURE TIMOTHY O. MORGAN RICHARD A. LOPEZDEURALDE JONATHAN C. MCCOLLISTER BRIAN C. MORITZ KEVIN M. LORD MICHAEL L. MCCONNELL WESLEY J. MORRIS WILGA C. LOTHES BARBARA L. MCCOY YOSEF A. MORRIS MARC C. LOVELACE WILLIAM G. MCCULLEY LAMONT C. MORROW CHRISTOPHER J. LOVETT DENNIS J. MCCULLOUGH CHAD N. MORTON ALBERT F. LOWE KEITH L. MCDANIEL BENJAMIN C. MOSLEY KARALYNE SUZANNE LOWERY JASON E. MCDONALD BRIAN E. MOSLEY RAYNA W. LOWERY WILLIAM C. MCDONALD KLIFFORD W. MOSLEY JOHN LUCAS DAVID P. MCDONNELL REGINALD V. MOSLEY BRIAN M. LUCE MATTHEW R. MCDONNELL RYAN C. MOSSMAN GRANT E. LUDEMAN WILLIAM A. MCDOWELL II MARK A. MUCHENBERGER DAMIEN V. LUDWICK RICHARD F. MCELHANEY, JR. JOSEPH J. MUHLBERGER ANGEL J. LUGO KELLY D. MCELVENY GREGORY D. MULLEN WILLIAM A. LUJAN STEPHEN D. MCFADDEN CHRISTOPHER REID MULLINS JACOB L. LUKENS SHONTRE D. MCFARLIN STEVEN P. MULLINS DOUGLAS C. LUNDIN TROY L. MCGATH TRAVIS D. MULLINS MIHAI A. LUNGULESCU LAURA L. MCGEE ZENSAKU M. MUNN FRANK LUSHER MARK MCGILL BRYAN J. MURDOCK WILLIAM S. LUSSIER JOHNNY RAYMOND MCGONIGAL ANDREW GRADY MURPHY JOSEF E. LUSTIG ERIC J. MCGREEVY DARREN W. MURPHY AMITY L. LYNCH WADE H. MCGREW JAMES M. MURPHY NADINE C. LYNN KEITH C. MCGUIRE MICHAEL P. MURPHY LISA M. MABBUTT LANCE H. MCINNISH ANNA M. MURRAY CLARK C. MABRY HOBART A. MCINTOSH CRISTIAN A. MURRAY ERIC J. MACCHIAVERNA BRIAN P. MCINTYRE NATHAN M. MURRAY IAN E. MACGREGOR JOSHUA M. MCINTYRE JAMES P. MURTHA REBECCA C. MACISAAC BRIAN E. MCKAY DAYLIN S. MYERS TONYA Y. MACK DAVID L. MCKENZIE JOHN P. MYERS JONATHAN M. MACKAY TIMOTHY L. MCKENZIE MARSHA D. MYERS JUSTIN D. MACKEY WILLIAM H. MCKIBBAN LANCE W. MYERSON WILLIAM T. MACLIN MATT G. MCKINNEY MICHEAL H. NADING, SR. DOUGLASS A. MACPHERSON DOUGLAS R. MCLEAN JAMIE L. NASH MICHAEL J. MADDOX NATHAN MCLEOD HUGHES RYAN J. NASH AARON D. MADISON PATRICK J. MCMAHON EARL D. NAST BRIAN C. MAES STEVEN E. MCMENAMIN TIMOTHY E. NAUROTH MARCY R. MAFFEI JOHN D. MCMILLEN STEPHEN J. NAVA KENNETH L. MAGEE AMANDA R. MCMILLIAN JEFFERY A. NAYLOR DAVID R. MAGNUSON ALFRED J. MCNABB KEVIN D. NELSON DAVID W. MAHER GRANT W. MCNELIS NORA J. NELSON LAURA S. MAHER SHAWN M. MCPHERSON PATRICK D. NELSON LAUREN MAHER WROTEN MCQUIRTER III SARAH E. NELSON STEPHEN S. MAHONEY CLARENCE F. MCRAE, JR. THOMAS A. NELSON MAX T. MAI ADRIAN A. MEADOWS TREVOR J. NEWSHAM STEPHEN J. MAILE ROBERT S. MEANLEY, JR. DAN ARON NEWTON BRYAN D. MAIN ANTHONY J. MEDAGLIA TODD A. NEWTON KRISTOPHER M. MALLOY MICHAEL S. MEDGYESSY BEAU M. NICEWANNER DONALD P. MAMMANO MATTHEW R. MEDLEY BARRY C. NICHOLS STEPHEN W. MANCINI JASON W. MEDSGER GEORGE E. NICHOLS JON A. MANCUSO ROBERT E. MEEHAN, JR. BRIAN M. NICOSIA ROSAIAH MANIGAULT BRYAN DOUGLAS MEEK MICHAEL B. NIELSEN MATTHEW L. MANNING CHRISTOPHER B. MEEKER CARISSA M. NIEMI ZACHARY D. MANNING JEURNEY KRISSTOPHA MEEKINS STEVEN M. NIEWIAROWSKI JOSEPH MANNINO CHRISTOPHER A. MEHLHAFF JOHN S. NOLAN, JR. JORGE L. MANRESA TYSON S. MEINHOLD ANDREW E. NORDIN NICOLE C. MANSEAU MICHAEL J. MELLOTT CAMERON P. NORDIN NATHAN L. MANSFIELD MARTIN A. MENTCH JAIME J. NORDIN MIHAI MANTA ANDREW J. MERCER, JR. CRAIG A. NORDSKOG CARLOS C. MARARAC TODD P. MERCER JAMES D. NORMAN BRIAN J. MARBACH MICHAEL J. MERIDITH IVAN G. NORMANDIA JOSHUA K. MARCUS SARAH E. MERSNICK VICTOR R. NORRIS ANTHONY K. MAREK WALDINE W. MESSMORE REID J. NOVOTNY KEVIN A. MARES CHRISTOPHER M. METHVIN CELINA E. NOYES JAMES M. MARION JOSEPH P. METZDORF DAVID P. NUCKLES MICHAEL J. MARLIN STEAVEN A. MEYER THOMAS F. NUGENT II GARY R. MARLOWE KEVIN R. MEYERS ROBERTO E. NUNEZ CHRISTOPHER M. MARONEY ALBERT F. MEZA JANA R. A. NYERGES JEFFREY M. MARSHALL JOSEPH R. MICHAELSON DEREK C. OAKLEY JENNINGS B. MARSHALL MARC J. MIEDZIAK STEVEN R. OBANNAN KENNETH MARSHALL JOHN A. MIKAL BIREN OBEROI LONNY G. MARSHALL BERTRAM MILLAGE, JR. PHILLIP B. OBRIANT NATHAN J. MARSHALL ALEXANDER J. MILLER JAMES C. OBRIEN III

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DAVID M. OCH JAMES R. PITNEY, JR. DIANA J. ROBERGE BRIAN R. OCONNELL COLBY R. PLATNER MICHAEL J. ROBERSON ROBERT L. ODOM JOHN I. PLATT DAVID VERNON ROBERTS BRENDAN N. ODONNELL JULIAN H. PLATT GREGORY R. ROBERTS MARK W. ODONNELL RACHAEL M. PLATZ MACKLE E. ROBERTS AARON J. OELRICH SHANNON C. PLESS JODY J. ROBERTSON BRIAN J. OGRADY CHARLES G. PLOETZ CHRISTINA S. ROBINSON CHRISTIAN J. OGROSKY PHILIP W. POEPPELMAN CHRISTOPHER J. ROBINSON KEITH A. OHALLORAN FRANCIS G. POINDEXTER DAVID M. ROBINSON RYAN P. OHARA ABIGAIL I. PONN GAYCHA L. ROBINSON LEAH C. OHERON JEREMY M. PONN JUSTIN P. ROBINSON KENDRA B. OHLSON LYNWOOD A. POOLE, JR. PATRICK M. ROBINSON BURT N. OKAMOTO JOSHUA M. POPE CRAIG S. ROBLYER JOSEPH E. OKASINSKI MARK D. PORCELLA LARRY L. ROCHAT ROBERT E. OKEEFE KELLEY POREE GEOFFREY J. ROCHE MATTHEW A. OLIJNEK PATRICK A. PORTELE JAMES F. ROCHE LLOYD D. OLINGER OSCAR F. PORTILLO CHARLES H. ROCK ADAM L. OLIVER HEIDI L. POTTER BRENT A. ROCKOW RONALD W. OLIVER JEFFREY N. POVOLISH FELICIA A. RODDA STEVEN W. OLIVER PHILIP R. POVOLISH, JR. AUGUSTO RODRIGUEZ APONTE KIRK M. OLSON JASON F. POWELL ANIBAL J. RODRIGUEZ SCOTT D. OLSON MICHAEL A. POWELL JULIO E. RODRIGUEZ BERNARD J. ONEILL TERENCE R. POWELL JOSEPH W. ROE PETER T. ONEILL CHRISTOPHER D. POWER KATHRYN N. ROMAN FERNANDO ONTIVEROS KEVIN C. PRATTE NICHOLAS A. ROMANO HERNAN E. ORELLANA, JR. AMY R. PREDMORE RYAN D. ROMANO JEFFERY N. ORR FRANK E. PREDMORE JULIUS C. ROMASANTA MARIO ORTEGA GREGORY J. PREISSER MICHAEL A. ROMERO JOSE I. ORTIZ WILLIE G. PRESIDENT CHRISTOPHER G. RONESS MEREDITH J. ORTIZ MICHAEL J. PRICE BOBBY L. ROPER TAMMY M. ORTUNG BRAD M. PRISBE BYRON R. ROSE KEDRIC J. OSBORNE SCOTT E. PROM JAMES P. ROSE MATTHEW P. OSTERHAGE JOEL PROSIO JEREMY M. ROSE TIMOTHY J. OSULLIVAN MATTHEW S. PUCKETT JASON J. ROSS CHRISTOPHER R. OTT JEREMY E. PULLEN JEREMY M. ROTH EVART B. OUTLAW TIMOTHY D. PURCELL BRADLEY A. ROTHWELL BRIAN C. OWEN BRYAN M. PURTELL NELSON D. ROULEAU, JR. JAMES P. OWEN NATHAN R. PURTLE JONAH J. ROUSE RODNEY D. OWEN ROMAN PYATKOV JARON H. ROUX MICHAEL E. OWENS SANDRA D. QUINONES NATHAN P. ROWAN THOMAS J. OZIEMBLOWSKY PETER J. RABER JEFFREY S. ROWSEY ANDREW T. PACIONE MICHAEL S. RABY STEVEN M. ROYCROFT DEBORAH A. PACKLER DEREK A. RACHEL DONITA K. RUEHS BROOKE E. PAGE JAMIE M. RADEMACHER JAY L. RUESCHHOFF KARL OSCAR PALMBERG JUSTIN B. RADFORD MARK D. RUIZ CLINT TINEI PALMER RAZVAN N. RADOESCU ERIK M. RUSSELL STEVEN L. PALMER PATRICK B. RAGAN JONATHAN E. RUSSELL FEDRA G. PALOMINO SCOTT R. RALEIGH MATTHEW C. RUSSELL MICHAEL J. PALUBA, JR. JUSTIN L. RAMEY ROBERT M. RUSSELL BENJAMIN M. PANCOAST ADALBERTO M. RAMIREZ NICHOLAS G. RUTGERS KRISTIN L. PANZENHAGEN AUDREY M. RAMPONE JAMES M. RYAN DANA L. PAPE JOHN D. RAMSEY III LISA B. RYAN THOMAS G. PARK CHRISTIAN E. RANDALL SCOTT B. RYAN MICHAEL D. PARKER SCOTT W. RANDALL II WESLEY C. RYAN OSCAR PARRA BRIAN D. RANDOLPH DOUGLAS S. SAAB JOSHUA F. PARSONS TODD E. RANDOLPH FRANCIS M. SAAVEDRA TIMOTHY M. PASCHKE DAETHA J. RANKIN II ANNE M. SABLATURA MARK J. PASIERB DAVID L. RANSOM CHRISTOPHER J. SAETTEL ALLISON M. PATAK MARK A. RARDIN DENNIS R. C. SAGUIN DANIEL J. PATAK MATTHEW P. RARDON JOSEPH J. SAILER LEWIS PATE, JR. BRYAN F. RARIDON STEVEN SAKS ERIC S. PATTON OMAR T. RASHID ANTONIO V. SALAZAR MATTHEW G. PATTON RYAN J. RASMUSSEN BRADLEY A. SALMI SCOTT R. PAUL RYAN W. RASMUSSEN ABRAHAM D. SALOMON, JR. NATHAN J. PAULEY JONATHAN D. RATCHICK JOHN R. SALYER NATALIE C. PAULL JAMES L. RAY ANTHONY JONES SAMPSON DAMIEN F. PAVLIK GERRY A. RAYMOND MICHAEL J. SANDER CARL R. PAWLING ROBERT P. RAYNER GEORGE R. SANDERLIN BRIAN S. PAYNE ERIC M. REAGAN CHRISTOPHER D. SANDERS KATHRYN A. PAYNE MATTHEW E. REAGAN MICHAEL E. SANKEY TODD D. PEARSON CLINTON C. REDDIG MARK H. SANTASIERO JOSHUA C. PECK JASON A. REED DANIEL J. SANTORO CHAD E. M. PELEKAI JEREMIAH J. REED SARAH C. SANTORO RICK T. PELZL JOHN C. REED JARED M. SANTOS STEVEN J. PENA ROBERT W. REED JENNIFER L. SARACENO IVAN A. PENNINGTON MELINDA K. REEDER FELICIA SARGENT CARLOS M. PERAZZA MATTHEW J. REESE TRACI A. SARMIENTO FRANCISCO PEREZ DE ARMAS JEREMY J. REEVE MATTHEW P. SATTLER DWAYNE S. PEREZ CARRIE E. REGISTER GREGORY M. SAVELLA II OLEXIS O. PEREZ JASON H. REGISTER ALEXANDER SAYRE ANDREW B. PERNELL CHRISTOPHER K. REICHL MICHAEL J. SCALES NICHOLAS R. PERNELL CHRISTOPHER K. REID ALBERT F. SCAPEROTTO, JR. GUY PERROW JASON H. REID JOHN N. SCARLETT TY A. PERSCHBACHER REGGIE T. REID LAVONDRA SCARVER JEFFREY D. PERSONIUS MATTHEW R. REILMAN JOSHUA M. SCHAAD ANDREW B. PETERSON DONNA L. REISING ERIC A. SCHAFER BRIAN D. PETERSON JEREMY L. RENKEN HENRY B. SCHANTZ GAVIN L. PETERSON RYAN J. RENSBERGER MATHEWS C. SCHARCH JAMES B. PETERSON LARRY H. REQUENEZ NATHAN A. SCHAUERMANN JAVIN C. PETERSON ADAM G. RESSLER JASON W. SCHENK KEVIN C. PETERSON SHELDON A. RESSLER DANIEL E. SCHERDT MICHAEL A. PETERSON RICHARD K. REYNA RICHARD B. SCHERMER JOSHUA W. PETRY RYAN S. REYNOLDS JACOB D. SCHERRER GEOFFREY A. PETYAK DEREK R. RHINESMITH EDWARD J. SCHIERBERL MICHAEL W. PETZ ERIC A. RICE BENJAMIN J. SCHILL MARCIE A. PFEUFFER ALLAN D. RICH DYANN L. SCHILLING AUGUST L. PFLUGER CAMERON RICHARDSON JAMES L. SCHLABACH RYAN THONG PHAM V CHRIS C. RICHARDSON ANTHONY T. SCHMIDT ROBERT A. PHELPS CHARLES L. RICHMOND ERIC W. SCHMIDT DANIEL A. PHILLIPS WALTER K. RICHMOND II JAYSON H. SCHMIEDT DENNIS L. PHILLIPS JAYSON J. RICKARD ASHLEY L. SCHMITT KENRIC L. PHILLIPS JERRY P. RIDGWAY KENNETH B. SCHNEIDER MATTHEW T. PHILLIPS CHRISTOPHER J. RIEMER LUKE J. SCHNEIDER JUSTIN W. PICCHI BRIAN M. RIGGLE MATTHEW R. SCHNELL THOMAS J. PICHE BROOKE A. RINEHART PETER J. SCHNOBRICH BENJAMIN L. PIERCE SERGIO RIOS JACK M. SCHROEDER SCOTT A. PIERCE JOSHUA H. RITZMANN MICHAEL D. SCHROEDER TOM R. PINA AMY M. RIVERA MICHAEL R. SCHROER KENNETH E. PINK DELBERT R. RIVERA JEFFREY J. SCHRUM JASON T. PINKERTON AARON J. RIVERS PATRICK J. SCHULDT ANTHONY J. PINTO JOSEPH W. ROACH JOHN K. SCHULTZ DAMIAN G. PITELL RYAN B. ROACH MARY K. SCHULTZ

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CLINTON P. SCHULZ THEODORE J. SOTOROPOLIS HARLEY P. THOMPSON TROY D. SCHULZ SHAWN T. SOUTH JASON I. THOMPSON EVELYN A. SCHUMER CHRISTOPHER L. SPANGENBERG JEFFREY R. THOMPSON MATHEW A. SCHUTT JOHN A. SPEAR NATHAN A. THOMPSON MICHAEL D. SCHUYLER MATTHEW R. SPEARS WILBUR L. THOMPSON RANDY D. SCHWINLER ALLEN M. SPECHT JACOB M. THORNBURG MICHAEL J. SCIANNA JOHN R. SPEER JOHN G. THORNE AMY N. SCOTT ROBERT E. SPEER THOMAS M. THORP ANDREW C. SCOTT DARREN W. SPENCER CRAIG A. THORSTENSON BRIAN G. SCOTT JONATHAN S. SPENCER LINDA R. THORSTENSON DAVID R. SCOTT CHRISTOPHER J. SPLEES CHARLES D. THROCKMORTON IV ELIZABETH H. SCOTT BRIAN L. SPLIETHOF ROBERT S. THROWER JANICE BARKER SCOTT HUGH P. SPONSELLER ROBERT M. THWEATT MATTHEW A. SCOTT SIDNEY S. SQUIRES ANTHONY L. TILLMAN DAVID H. SCROGGINS BRIAN D. SROUFE MATTHEW P. TINKER CHRIS W. SEAGER ANGELO A. STAAGUEDA BRYAN M. TITUS BRIAN L. SEALOCK NATHAN R. STACKHOUSE MICHAEL J. TKACZ JOHN E. SEBESTA THOMAS C. STADY JAMES P. TOBIN PAUL J. SEBOLD BRIAN T. STAHL CHRISTOPHER J. TODARO LUIS A. SEGURA JAN H. STAHL SAMUEL M. TODD KENNETH C. SEIVER DAVID I. STAMPS JOHN D. TOLK, JR. JAMES M. SELL CHRISTINE STANABACK TYLER C. TOLLMAN MICHAEL J. SELLERS MATTHEW S. STANFORD TONI J. TONES TAPAN SEN JOSEPH M. STANGL CHRISTOPHER A. TOOMAN ERIC G. SENG FREDERICK M. STANLEY AARON O. TORCZYNSKI MICHAEL C. SERE KEVIN B. STANLEY MARC A. TOROSIAN DANIEL F. SEVIGNY WESLEY B. STARK JENNER M. TORRENCE RICHARD S. SEYMOUR JOHN G. STAUDT III ANTONIO J. TORRES BRANDON G. SHADE WILLIAM S. STAYBERG CONSTANCIO C. TORRES ROBERT R. SHALLENBERGER MICHAEL R. STEELE NICHOLAS A. TORRES PAUL A. SHAMY KRISTY D. STEENBERGE BRENT J. TOTH BRENDAN M. SHANNON JAMES L. STEFF, JR. MICHAEL R. TOTH STACEY L. SHAUL SCOTT J. STELL ROBERT C. TOURNAY CHRISTA M. SHAVERS ERIK J. STENGEL PAUL P. TOWNSEND BILLY SHAW CHANSE D. STEPHENS MARK A. TOZER DENISE A. SHEA DARRYLE STEPHENS TODD E. TRACY PAUL E. SHEETS GRADY C. STEPHENS BRIAN E. TRAINOR JOHN D. SHELL BRETT L. STEVENS KIMBERLY L. TRAMMELL GARON L. SHELTON DWAIN A. STEVENS FELIX D. TRAN ADAM C. SHICKS JON B. STEVENS BRYAN E. TRINKLE ANDY C. SHIELDS WILLIAM E. STEVENS PETER A. TRITSCH, JR. ARTHUR A. SHIELDS, JR. GERALD A. STEVENSON JOHN M. TRODDEN NENGWEI T. SHIH ANGELA G. STEWART DAVID P. TROUT JONATHAN L. SHILL STERLING M. STEWART MATTHEW R. TROVINGER KENNETH W. SHINN JONATHAN U. STICKA JOHN L. TRUEBLOOD DAN J. SHINOHARA TODD M. STINCHFIELD ANTHONY A. TRUETTE ROBERT J. SHIPP, JR. SAMUEL CLAIRE STITT TRAVIS C. TRUSSELL KENNETH M. SHIRLEY ANDREW P. STOCKMAN ALLAN Z. TUCKER WILLIAM J. SHNOWSKE JAMES E. STODDARD ERIC A. TUCKER JEREMIAH A. SHOCKLEY JIM A. STOKMAN WILLIAM D. TUCKER LEONARD M. SHORES III TARA R. STORCH JODY DAN TURK DEREK L. SHOWERS KENNETH A. STREMMEL MICHAEL A. TURNBAUGH ROBERT E. SHRADER MARLON J. STRICKLAND MELVIN D. TURNER, JR. JOY M. SHUCK DEREK A. STRUNK SHALIN G. TURNER THEODORE J. SHULTZ RANDY N. STUBBS JOSEPH C. TURNHAM ANDREW J. SHURTLEFF MARK P. SULLIVAN DENNIS R. TURRIFF MATTHEW P. SICOLA SHAYNE M. SULLIVAN JOSHUA L. TYLER ROBERT A. SIDES WILLIAM A. SULLIVAN WILLIAM A. TYNON MICHAEL V. SIEBERT DANIEL SUSICH MICHAEL J. TYSON JASMIN SILENCE JUSTIN L. SUTHERLAND CHRISTOPHER A. ULIBARRI JAMES D. SILVA ROSS H. SUTHERLAND CLIFFORD P. ULMER PHILLIP H. SILVA CHRISTOPHER D. SUZZI MICHAEL A. ULSH CHARLES R. SILVANIC, JR. STEPHEN T. SWAINE BRYAN T. UNKS ERIC L. SILVER WILLIAM K. SWAN NICHOLAS D. UNRUH LAWRENCE T. SILVERMAN NICHOLAS J. SWEENEY EMILIO J. URENA MARK D. SILVIUS SCOTT R. SWEENEY LUKE M. URISH JESUS T. SIMENTAL ROBERT G. SWIECH BRIAN M. VALLESE JASON W. SIMMONS TOBIAS B. SWITZER KEVIN WILLIAM VAN STONE TERRY B. SIMONTON JOHN A. SYC BRIAN H. VANCE DAVID W. SIMPSON ANTHONY SYLVAIN KEVIN L. VANCE BRIANA J. SINGLETON MICHAEL R. SYNAKIEWICZ DAVID ALLEN VANPELT LOGAN B. SISSON STEVEN SYNGAJEWSKI MARK F. VANWEEZENDONK JENNIFER J. SITZ MEGHAN M. SZWARC ADRIAN J. VANWERT CHAD S. SITZMANN LARRY C. TANKSLEY, JR. CHRISTOPHER F. VARANI BETHANY L. SLACK TONI J. TANNER JENNIFER L. VARGA DENNIS H. SLADE FRANK A. TARAVELLA RAFAEL A. VARGASFONTANEZ LORENZO SLAY, JR. ERIK M. TARNANEN PETER S. VARNEY MARK ANDREW SLETTEN REGINA J. TATE MARC A. VASSALLO MARK A. SLIK APRYLE M. TAYLOR WILLIAM J. VAUSE NISHAWN S. SMAGH CRAIG A. TAYLOR FRANCISCO VEGA CLAYTON A. SMALL JEFFREY L. TAYLOR JOHN G. VELAZQUEZ PATRICK H. SMILEY LATRESE M. TAYLOR JOHN P. VERBANICK KRISTOFFER SMITH RODRIGUEZ RAY CURTIS TAYLOR III JEREMY D. VERBOUT ANDREW R. SMITH RYAN T. TAYLOR MARIO VERRETT ANTHONY T. SMITH SCOTT M. TAYLOR BRIAN P. VESEY BRIAN C. SMITH TRACY L. TAYLOR ROBERT D. VIDOLOFF CHRISTOPHER D. SMITH WILLIAM W. TAYLOR, JR. CHRISTINA DUNN VILE CHRISTOPHER K. SMITH JASON M. TEAGUE ALAN T. VILLANUEVA JAMES M. SMITH TREMAYNE N. TEASLEY CIRIACO M. VILLARREAL JASON M. SMITH AARON H. TELTSCHIK DAVID W. VILLARREAL JEFFREY A. SMITH DOUGLAS D. TEMPLETON DANIEL J. VISOSKY JEFFREY D. SMITH LAURA C. TERRY GREGORY S. VOELKEL JEFFREY L. SMITH NATHAN B. TERRY GEORGE N. VOGEL JEFFREY T. SMITH JAMES I. THACKER ROBERT A. VOLESKY JEREMY J. SMITH KEVIN F. THACKER SETH K. VOLK JESSE L. SMITH RAYMOND R. THALER MATTHEW R. VOLLKOMMER JIMMY L. SMITH JOHN C. THARP PAUL VON HACKER III JONATHAN R. SMITH KENNETH J. L. THEIS TODD C. VONINS MARTY T. SMITH ERIC D. THERIAULT DAMON C. VORHEES PAUL E. SMITH LIZA MOYA THERIAULT GREGORY W. VOTH TREVOR K. SMITH ALISA M. THOMAS JAMIE M. WADE VINCENT B. SMITS JAY C. THOMAS EDWARD R. WAGNER PATRICK S. SMYTH MARK R. THOMAS TORREY J. WAGNER DOUGLAS A. SNEAD MATTHEW H. THOMAS ETHAN M. WAITTE LESLIE R. SNODGRASS, JR. MICHELE L. THOMAS CHARLES B. WALBECK KEITH H. SNOOK, JR. RONALD L. THOMAS AARON D. WALENGA JOSEPH F. SNYDER STEVEN J. THOMAS SCOTT T. WALKER STAN L. SOCHA TROY D. THOMAS TOBY LOUIS WALKER BRANDON H. SOKORA SCOTT THOMASON TODD A. WALKER NEIL A. SOLIMAN JOHN W. THOMPKINS WAYNE W. WALKER WALTER J. SORENSEN ALICIA M. THOMPSON CAROLYN J. WALKOTTE KEVIN J. SORRELS ERIC D. THOMPSON KIMBERLY Y. WALLACE

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KYLE O. WALLACE DAVID R. WITT COURTNEY L. GLASS LONZO E. WALLACE RANDOLPH B. WITT ROBERT T. GRIFFIN TRACI L. WALLACE BRYAN M. WOJCIK MATTHEW D. HALEY WILLIE B. WALLACE III BENJAMIN B. WOLF JESSE K. HARRIS DANIEL P. WALLICK JAMES D. WOMBLE STEVEN J. HILDEBRAND DON E. WALPOLE DICK WONG WILLIAM R. HOGAN MICHAEL M. WALSH BRIAN V. WOOD ERIC E. JOHNSON LEON H. WALTS, JR. CHRISTOPHER C. WOOD GLENN N. JUMAN TERRY L. WANNER, JR. JOSHUA T. WOOD DAVID K. LAW BARTLEY J. WARD RYAN E. WOOD JIN H. LIM JASON T. WARD NICHOLAS S. WOODROW CHRISTOPHER J. LOMBARDI THOMAS C. WARD CHARLES S. WOODS AMBRO MARTIN WILLIAM C. WARD TANNER G. WOOLSEY SHAWN P. MCLAIN DAVID M. WARE RICHARD H. WORCESTER JOHN A. MILLER TERESA M. WARMAN RYAN L. WORKMAN JEFFREY S. MILLS DOUGLAS M. WARREN CHRISTOPHER M. WRIGHT KEITH L. NELSON GARY D. WARREN DAVID R. WRIGHT TONY A. OWENS THOMAS C. WASHBURN DAVID T. WRIGHT EDWIN J. QUIMBY DAVID L. WASHER NORMAN P. WRIGHT MARK A. QUIRE MARK R. WASS PAUL B. WURSTER YOKEITHA A. RAMEY ANA C. WATKINS BRET M. WYATT DANFORTH J. RHODES GEORGE R. WATKINS TOMMY N. WYATT KERRY V. ROBERTS WARREN B. WATKINSON II REID J. WYNANS FEDERIC RODRIGUEZ JOSEPH C. WATSON SHAZAD YADALI ERIC F. RUSSELL DAVID T. WATTS NICHOLAUS A. YAGER IMMANUEL B. SAMSON JEFFERY C. WATTS JARED Y. YAMASHIRO CHRISTOPHER L. SMITH NEAL A. WATTS SEAN E. YARBROUGH TODD C. SMITH CEDRIC D. WEATHERLY MARK L. YARIAN JOSHUA W. STEWART CHRISTOPHER J. WEATON NICHOLAS R. YATES SCOTT D. STEWART RYAN F. WEAVER ROWDY E. YATES CHRISTOPHER B. TEAGUE STEPHANIE L. WEAVER CARRICK O. YAWS TRAVIS O. TRAYLOR DAVID L. WEBB WENDELL J. YEAGER BRIAN T. UNGERER JEFFREY S. WEBB CHRISTOPHER A. YEATES ALLEN R. VOSS JONATHAN C. WEBB STEVEN D. YELVERTON JOHN C. WALLACE KEVIN M. WEBB CHRISTIAN C. YERXA JOHN F. WEBB ROBERT D. WEBB JADE N. YIM WILLIAM S. WEST DAVID B. WEBER JOHN F. YOHN, JR. ADRIAN H. WHEELER REX C. WEBER BENJAMIN R. YOSFAN JOHN H. WOODCOCK DARREN P. WEES MARK T. YOUKEY RICHARD WULFF THOMAS F. WEGNER ERICH W. YOUMANS, JR. MATTHEW J. YANDURA WILLIAM L. WEIFORD III ROBERT M. YOUNG KARL WEINBRECHT RONNIE B. YOUNG THE FOLLOWING NAMED ARMY NATIONAL GUARD OF MATTHEW R. WEINSCHENKER LEONARDO J. YUQUE THE UNITED STATES OFFICERS FOR APPOINTMENT TO RACHEL A. WEIS AARON N. ZASTROW THE GRADE INDICATED IN THE RESERVE OF THE ARMY JOHN S. WELCH EVER O. ZAVALA UNDER TITLE 10, U.S.C., SECTIONS 12203 AND 12211: PHILIP M. WELCH IV DAVID E. ZEYTOONJIAN To be colonel ERICK O. WELCOME ERIC D. ZION CHRIS T. WELLBAUM MICHAEL E. ZISKA TED R. BATES JOSEPH R. WELLMAN ERIC J. ZUHLSDORF DIRON J. CRUZ RYAN L. WELLMAN IN THE ARMY PETER M. MENICUCCI JAMES E. WELLS THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT JEREMY W. WELLS THE FOLLOWING NAMED OFFICER FOR APPOINTMENT TO THE GRADE INDICATED IN THE RESERVE OF THE RACHEL A. WELLS TO THE GRADE INDICATED IN THE UNITED STATES ARMY ARMY UNDER TITLE 10, U.S.C., SECTION 12203: STEWART B. WELLS UNDER TITLE 10, U.S.C., SECTION 624: FRANK W. WELTON To be colonel REBECCA M. WELTON To be major JOHN M. DIAZ KEVIN D. WENGER VICTOR J. TORRES-FERNANDEZ MICHAEL D. MURRAY JOSHUA WENNRICH LAVORE L. RICHMOND, JR. JASON A. WENTZEL THE FOLLOWING NAMED INDIVIDUALS FOR REGULAR JASON E. WEST APPOINTMENT TO THE GRADES INDICATED IN THE THE FOLLOWING NAMED INDIVIDUALS FOR REGULAR MICAH L. WEST UNITED STATES ARMY UNDER TITLE 10, U.S.C., SECTION APPOINTMENT TO THE GRADE INDICATED IN THE JOSHUA A. WESTBY 531: UNITED STATES ARMY JUDGE ADVOCATE GENERAL’S KRISTEN E. WESTBY To be lieutenant colonel CORPS UNDER TITLE 10, U.S.C., SECTIONS 531 AND 3064: BRIAN E. WESTER To be major BRENDON MICHAEL WEYGANDT JOSEPH ANGERER DARIN P. WHEELER KRIS ATTARIAN LUISA SANTIAGO NEIL D. WHELDEN ALLEN BARNES YEVGENY S. VINDMAN AMALIA F. WHITE NANCY E. BLACKER THE FOLLOWING NAMED OFFICERS FOR REGULAR AP- ANTHONY D. WHITE JAMES M. BROWN POINTMENT IN THE GRADES INDICATED IN THE UNITED DOUGLAS W. WHITE JOYCE M. BUSCH STATES ARMY UNDER TITLE 10, U.S.C., SECTION 531: JOSEPH R. WHITE KERRY H. COSTELLO JUSTIN D. WHITE JOHN R. FERGUSON To be colonel KEVIN R. WHITE SCOTT R. GRANT TERRY J. WHITE ROBERT J. HARDING RANDALL W. COWELL WILLIAM P. WHITE BEN H. HARVEY To be lieutenant colonel MICHELLE M. H. WHITFIELD MIKE W. KIMBERLY JACKSON M. WHITING JON S. LEAHY TILDON K. ALLEN STUART D. WHITNEY TIMOTHY J. LEITCH DAVID A. BARSNESS JOSEPH E. WHITTINGTON, JR. RICHARD A. MILLER THOMAS M. BLUNTZER KEVIN W. WIERSCHKE MARK J. MOONEY TIMOTHY J. BURKE GEORGEREECO J. WIGFALL KARL A. MORTON WILLIAM R. CAMPBELL JACOB A. WILCOX YOULANDA NIETO WILLIAM K. CANTRELL JASON W. WILD MARYANN C. OTTO FERMAN G. CEPEDA BRIAN D. WILDER DAVID F. SLATER CLIFFORD K. CRAWFORD DANIEL C. WILKINSON JAMES W. SOBOLESKI SAMMIE L. DAVIS WILLIAM J. WILKINSON MICHAEL D. STROZIER SHAWN R. DENNY DAMON L. WILLE OMAR E. THONDIQUE ELIZABETH L. DEVANY DANIEL J. WILLEMS PATRICIA E. TILSON CEDRIC S. DOLMAN SHAUN M. WILLHITE JEFFREY J. TOUSIGNANT GRANT EDWARDS ANDREW M. WILLIAMS JEFFREY W. WILLIAMS PHILIP D. FORSBERG BRANDON G. WILLIAMS JOHN D. WILLIAMSON CHRISTOPHER B. GINTHER CAMERON S. WILLIAMS To be major VAUGHN M. GRIZZLE CHRISTOPHER L. WILLIAMS TERESA F. HALL DANIEL L. WILLIAMS RUBEN N. ABREU TIMOTHY R. HARDISON DAVID S. WILLIAMS RIDELIS D. AGBOR STEPHEN H. HARMON JAMES E. WILLIAMS DWYKE A. BIDJOU MICHAEL C. HILL JASON EDWARD WILLIAMS TODD W. BURNLEY DAVID W. JOHNSON KIMBERLY A. WILLIAMS JAMES A. CHARTERS LEON JONES DALE A. WILLIQUETTE BRIAN A. CHESSER THOMAS P. KNOTT DANIEL P. WILLISON, JR. JOHN T. COBBS JOHN N. MAHINES CARL C. WILSON MARTIN L. CROUSE RICHARD J. MCNORTON DAVID I. WILSON DIEGO DAVILA ANDREW J. MCVEIGH ERIC W. WILSON HOWARD R. DAVIS ROY E. MOSHER MARCUS D. WILSON JOHN G. DEAN MARK D. MUMM RICHARD G. WILSON ANDREW T. DEPONAI LLOYD M. NATHAN APRIL L. WIMMER RAYMOND DIAZ PAUL A. NOCE SHEENA L. WINDER JOHN A. DUDA DANIEL P. OCONNELL PAUL G. WINKA SAMUEL J. DUNCKHORST PABLO O. PAGAN JAMES M. WINNING DARRELL FAIRLEIGH STANNON M. PEDERSON BRAD C. WINTER JERRY J. FOGG KEITH L. POYNOR MICHAEL J. WINTER MICHAEL D. GERGEN RAUL A. RIVERA DOUGLAS R. WITMER CURTIS A. GIBSON DYLESTER SCOTT

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HAROLD J. TARPLEY JOSHUA J. MUNCH RICHARD J. NORIEGA MARC C. THOMPSON TONY A. OWENS JEFFREY S. TIPTON WILLIAM E. TINER MICHAEL J. PAPP MARK A. TOPLIKAR DONALD S. TRAVIS EDWARD L. PEARCE JASPER B. VARN III SCOTT T. WALES DONALD J. PETERSON WILLIAM E. WYNNS, JR. GEORGE C. WASHINGTON ROBERT E. PETTY ELIZABETH L. YARBROUGH MARCIA M. PIERCE IN THE NAVY KELDA S. PITTMAN THE FOLLOWING NAMED INDIVIDUALS FOR APPOINT- To be major BUECHELLE O. PORTER MENT TO THE GRADES INDICATED IN THE REGULAR THOMAS A. PRIEVE ALBERT A. AUGUSTINE NAVY UNDER TITLE 10, U.S.C., SECTION 531: THOMAS D. BAKER GREGORY RIVERA LESLIE L. BALFAQIH DUCAN S. ROBINSON To be commander STEVEN A. BESEDA DALE A. ROBISON ROBERT B. RODEFER CHRISTOPHER G. CUNNINGHAM CRAIG J. BONDRA GREGORY M. ROGERS HENRY J. ZIELINSKI GARY W. BROCK EDWARD K. ROWSEY COURTNEY R. BROOKS DANIEL L. SALISBURY To be lieutenant commander BENJAMIN W. BUCHHOLZ MARC S. SAPHIR RODNEY D. CAIN RICHARD C. BALTIERRA LAMAL SHEPPARD HOWARD D. CARPENTER CHRIS M. COGGINS DERREN M. SIGLOCK SHANE M. CARPENTER JEFFREY S. DAVIS MICHAEL M. SMALL JOSEPH B. CORCORAN RICHARD C. ERICKSON JOHN D. STAHL SCOTT A. CRUMP SYLVESTER FREDERICK SCOTT STEWART ANDRE W. DANCY TYLER H. LIPPERT CHRISTOPHER B. TEAGUE VENDECK M. DAVIS KEVIN A. MORGAN DAVID C. THOMAS ROBYN R. DEATHERAGE GEORGE M. TURNER ERIC S.M. THOMPSON CURTIS L. DECKER SELVIN A. WHITE BOGDAN T. TOCARCIUC CHRISTOPHER DELOSSANTOS CHRISTOPHER A. WILLIAMS TIMOTHY J. TREAT GEORGE L. DEUEL THOMAS C. VECE THE FOLLOWING NAMED OFFICERS FOR REGULAR AP- GARRY DODARD KEVIN L. WASHINGTON POINTMENT IN THE GRADE INDICATED IN THE UNITED CHRISTOPHER B. EMERY PATRICK S. WICKER STATES NAVY UNDER TITLE 10, U.S.C., SECTIONS 531 AND ALLAN J. FEHR DUANE M. WILLIAMS 5582: PAUL E. FRITZ TUWANDA F. WILLIAMS KIMBERLY K. FUHRMAN To be lieutenant commander DENNY L. WINNINGHAM JAMES J. GERRITY JOHN H. WOODCOCK JANET L. JACKSON RANDALL D. GRIGG DANIEL M. ZERBY VINCIRENA PALMORE KARSTEN J. HAAKE TODD M. SULLIVAN JEREMY P. HALL THE FOLLOWING NAMED ARMY NATIONAL GUARD OF SHEILA HENDERSON THE UNITED STATES OFFICERS FOR APPOINTMENT TO MICHAEL C. HERRERA THE GRADE INDICATED IN THE RESERVE OF THE ARMY f DAVID K. HOWE UNDER TITLE 10, U.S.C., SECTIONS 12203 AND 12211: KEITH JACKSON To be colonel CONFIRMATION CHRISTOPHER D. JESELINK DOUGLAS A. KCKEWAN ALBERT J. ADKINSON Executive nomination confirmed by QUINT A. KLOPFLEISCH JOHN C. BOYD MICHAEL LEWCZAK HENRY C. CASON the Senate, March 25, 2009: BARRETT D. LYNCH GERALD T. CATRETT DEPARTMENT OF JUSTICE ROBERT S. MATHEWS JAMES S. CHASE RYAN M. MCCABE DEBORAH W. COLEMAN DAVID S. KRIS, OF MARYLAND, TO BE AN ASSISTANT LAURA L. MCGUNAGLE WILLIAM E. CRANE ATTORNEY GENERAL. NATHANIEL C. MIDBERRY JOHN M. EPPERLY THE ABOVE NOMINATION WAS APPROVED SUBJECT TO DAVID M. MILLER MICHAEL D. FRANCE THE NOMINEE’S COMMITMENT TO RESPOND TO RE- JOEL R. MITCHEM ROBERT N. HIBBETT QUESTS TO APPEAR AND TESTIFY BEFORE ANY DULY GARRY G. MORRIS WALTER L. MERCER CONSTITUTED COMMITTEE OF THE SENATE.

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The House met at 10 a.m. and was lic for which it stands, one nation under God, challenges we face, but in California, called to order by the Speaker pro tem- indivisible, with liberty and justice for all. beyond that, we have a drought that pore (Mrs. TAUSCHER). f also involves a dairy meltdown. We have reservoirs that are low, Fed- f WELCOMING REV. EARL F. eral allocations that are set at zero in PALMER DESIGNATION OF THE SPEAKER the San Joaquin Valley, which I rep- PRO TEMPORE The SPEAKER pro tempore. Without resent, along with many of my col- The SPEAKER pro tempore laid be- objection, the gentleman from Texas leagues, 20 percent for State water de- fore the House the following commu- (Mr. THORNBERRY) is recognized for 1 liveries. As a result, we could lose as nication from the Speaker: minute. many as 80,000 jobs. The economic im- WASHINGTON, DC, There was no objection. pact could be as much as $2.2 billion in March 25, 2009. Mr. THORNBERRY. Madam Speaker, the San Joaquin Valley that we rep- I hereby appoint the Honorable ELLEN O. our guest chaplain today represents a resent. TAUSCHER to act as Speaker pro tempore on convergence of two Washingtons. Rev. Small communities have been crip- this day. Earl Palmer is from Washington State pled. Communities that I represent NANCY PELOSI, and recently retired as the senior pas- Speaker of the House of Representatives. like Mendota and Firebaugh have 36 to tor at University Presbyterian Church 40 percent unemployment. Delano, with f in Seattle. Currently, he is the Preach- over 50,000 people, has over 34 percent PRAYER ing Pastor in Residence at the National unemployment. Rev. Earl F. Palmer, National Pres- Presbyterian Church here in Wash- Naming a drought task force is help- byterian Church, Washington, D.C., of- ington, D.C., as he also preaches ful but it is not enough. Plain and sim- fered the following prayer: around the country under the nonprofit ple, we don’t need words, we need O God, Our Father, we begin this day Earl Palmer Ministries organization. water. Federal and State collaboration with gratitude and resolve. We give With degrees from UC-Berkeley and is urgently needed and needs to be im- thanks for those who are privileged to Princeton Theological Seminary, he is proved to make stimulus funds avail- serve in this place of study, delibera- the author of 18 books. Rev. Palmer is able for immediate relief and to relax tion, decisions and history. We are also one of the leading scholars on the standards that prevent water supplies grateful for our Republic of citizens, life and works of C.S. Lewis. from going to those who most need it. young and old, their cities and States, Citizens from both Washingtons and We ask for your help to increase the farms and villages—a people who by many others in the country and in be- water supply for California’s future. their work and dreams give motivation tween have benefited from the work of f and energy to what happens here in this remarkable man. His love of the BROOKS CORLEY ATTAINS A this House of Representatives. Gospel and his enthusiasm for sharing BLACK BELT As we begin this day, we claim, O the Gospel are evident in all of his God, Your gift of truth and grace: for preachings and teachings, as is his (Mr. FLEMING asked and was given truth that bears the imprint of integ- basic human kindness. permission to address the House for 1 rity and honesty and for Your grace Shirley, Earl’s wife of 50 years, has a minute.) that forgives us when harm happens Ph.D. from the University of Wash- Mr. FLEMING. Madam Speaker, I and healing is needed to keep us whole. ington. They have three children and rise today to speak of the extraor- We ask for the wisdom, courage and seven grandchildren, some of whom are dinary accomplishment recently of one respect that build friendships among with us today. of my constituents, Albert Brooks these leaders who guide our land. Many lives have been blessed by the Corley. Grant us the hope that encourages life and ministry of Earl Palmer, and it Brooks has been in my karate class through morning, afternoon, and is my honor to help welcome him here affiliated with the Shreveport Karate evening hours because of Your love and today to the House of Representatives. Club back in my hometown of Minden, faithfulness. Amen. f Louisiana, since he was just a little guy. Today, he has grown into a tall, f ANNOUNCEMENT BY THE SPEAKER strong young man. After years of hard THE JOURNAL PRO TEMPORE work, he was recently awarded a first- The SPEAKER pro tempore. The The SPEAKER pro tempore. The degree black belt in karate by Sensei Chair has examined the Journal of the Chair will entertain up to 15 further re- Mikami, a karate champion and last day’s proceedings and announces quests for 1-minute speeches on each eighth-degree black belt. Having to the House her approval thereof. side of the aisle. worked for years to obtain my black Pursuant to clause 1, rule I, the Jour- f belt in Japanese karate, I know the nal stands approved. hard work and persistence it takes to DROUGHT IN CALIFORNIA f obtain this level of martial arts exper- (Mr. COSTA asked and was given per- tise. PLEDGE OF ALLEGIANCE mission to address the House for 1 Apart from developing into a tough, The SPEAKER pro tempore. Will the minute.) aggressive and coordinated martial art- gentleman from California (Mr. COSTA) Mr. COSTA. Madam Speaker, I rise ist, Brooks is a fine young man who is come forward and lead the House in the today to call for immediate response now completing his education in order Pledge of Allegiance. and Federal action to assist California to be gainfully employed. Mr. COSTA led the Pledge of Alle- in the drought crisis that we’re facing Brooks is truly a model by which giance as follows: today. Clearly, the entire Nation is young people should aspire to achieve I pledge allegiance to the Flag of the feeling a financial meltdown with the potential that each may obtain. United States of America, and to the Repub- home foreclosures and many other Therefore, I heartily commend him in

b This symbol represents the time of day during the House proceedings, e.g., b 1407 is 2:07 p.m. Matter set in this typeface indicates words inserted or appended, rather than spoken, by a Member of the House on the floor.

VerDate Mar 15 2010 12:18 Aug 01, 2011 Jkt 079102 PO 00000 Frm 00001 Fmt 0688 Sfmt 0634 E:\BR09\H25MR9.000 H25MR9 erowe on DSK5CLS3C1PROD with BOUND RECORD 8584 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 7 March 25, 2009 his recent achievement and the many their President. This budget will guar- HONORING THE LIVES OF OAK- achievements ahead. Furthermore, I antee that our economy will never LAND POLICE OFFICERS SER- commend his parents, Mr. and Mrs. fully recover. GEANT ERVIN ROMANS AND Corley, for raising such a fine man. f MARK DUNAKIN f GROWTH OF GREEN-COLLAR JOBS (Mr. MCNERNEY asked and was COVER THE UNINSURED WEEK (Mr. INSLEE asked and was given given permission to address the House (Mr. STUPAK asked and was given permission to address the House for 1 for 1 minute and to revise and extend permission to address the House for 1 minute and to revise and extend his re- his remarks.) minute and to revise and extend his re- marks.) Mr. MCNERNEY. Madam Speaker, I marks.) Mr. INSLEE. Madam Speaker, last rise to honor four police officers who Mr. STUPAK. Madam Speaker, I rise night President Obama again re- gave their lives in the line of duty in a this morning to bring attention to affirmed his commitment to a clean tragic shooting in Oakland this past Cover the Uninsured Week and to en- energy policy for America, a policy weekend. courage the Congress to enact com- that will grow millions of new green- I join all of Northern California in prehensive health care reform this collar jobs in this country. And he did year. mourning their loss and honoring their it by, again, reaffirming his commit- sacrifice. Our Nation’s health care system— ment to a cap-and-trade bill in this which leaves more than 45 million Congress this year which will drive in- Two of these brave officers lived in Americans uninsured and millions vestments into these new jobs for the my district. Sergeant Ervin Romans of more underinsured—is badly in need of next century. Danville, California, was a member of reform. Practically $56 billion in un- The reason he is giving so much hope the SWAT team and had served with compensated care for the uninsured is for Americans is that he realizes that the Oakland Police Department for 13 absorbed annually by the health sys- we want Americans building the en- years. He was a recipient of the depart- tem, driving up the cost of insurance ergy-efficient, partially and fully elec- ment’s Medal of Valor for bravery. Erv, for everyone. Health care costs are con- tric cars so we can sell those cars to as he was known, leaves behind his wife suming more of individuals’, families’, China, so we can make the solar cells and three children. and businesses’ budgets every year and and sell them to Korea, so we can make Sergeant Mark Dunakin of Tracy represent the fastest growing piece of wind turbines and sell them to Den- served with the Oakland Police Depart- the Federal budget. mark. ment for 18 years. He was known and The economic crisis is also shedding respected as a passionate guardian of further light on a system that is ineffi- It is this vision of Barack Obama public safety. Sergeant Dunakin grew cient, unaffordable and out of reach for that is going to help grow jobs in this up in Pleasanton and is survived by his too many Americans. Americans can- country. And when we pass this cap- wife and three children. not simply wait any longer to ensure and-trade bill, two things are going to greater access to quality affordable happen: money is going to go back to These heroic officers dedicated their health care. the American consumers to help them lives so that we might live in safety. I encourage all of my colleagues on buy these energy-efficient products, My thoughts and prayers are with their both sides of the aisle to come together and we are going to create millions of families and their loved ones during to enact comprehensive health care re- new jobs. this difficult time. form this year. So during this week, That is a Barack Obama hope for the Uninsured Week, when Congress recog- future, and it is going to come to pass. f nizes the plight of those Americans f without health insurance, let us strive WASHINGTON MUST MAKE DAWN JOHNSEN to provide all Americans with com- SACRIFICES prehensive, affordable health care now. (Mr. PITTS asked and was given per- (Mr. LEE of New York asked and was mission to address the House for 1 f given permission to address the House minute and to revise and extend his re- THE AMERICAN PEOPLE DESERVE for 1 minute.) marks.) A RESPONSIBLE BUDGET Mr. LEE of New York. Madam Speak- Mr. PITTS. Madam Speaker, Presi- er, every day western New Yorkers tell (Mr. COFFMAN of Colorado asked dent Obama’s appointment to head the me what sacrifices they are making and was given permission to address Justice Department’s Office of Legal during these tough economic times. I the House for 1 minute.) Counsel is truly from the far left rad- wish the same could be said for Wash- Mr. COFFMAN of Colorado. Madam ical fringe. Speaker, President Barack Obama used ington. a prime time news conference last This Congress has already missed two Dawn Johnsen, a former attorney for night to defend his $3.6 trillion budget opportunities to impose fiscal restraint one of the radical abortion groups, is a plan. The nonpartisan Congressional with the stimulus and the omnibus step back for a President who has Budget Office says the President’s spending bills. Now the nonpartisan claimed he would like to find common budget would run up a $9.3 trillion debt Congressional Budget Office tells us ground on the abortion issue. Ms. over the next 10 years. This budget that the administration’s budget pro- Johnsen’s own quotes speak for her spends too much. Middle class families posal will produce $9.3 trillion in budg- radical views. She has equated preg- and small businesses are making sac- et deficits over the next 10 years. As nancy to slavery when she said that rifices when it comes to their own this chart demonstrates, that amount laws restricting a woman’s abortion budgets, yet Washington continues to represents more than two-and-a-half choice ‘‘are disturbingly suggestive of spend trillions of taxpayers’ dollars on times the budget deficits of the prior involuntary servitude.’’ She has lik- bailouts and other government pro- administration, which in itself was ened pregnant mothers to ‘‘no more grams. faulted for spending too much. than fetal containers.’’ She has likened The budget taxes too much. It con- Taxpayers will be stuck paying more pro-life advocates to ‘‘terrorists,’’ call- tains the largest tax increase in Amer- than $1 trillion in interest payments on ing them ‘‘remarkably similar to the ican history. The budget borrows too this excessive borrowing. Today’s red Ku Klux Klan.’’ much. Unchecked spending will result ink will bring impossible choices for Her appointment is a slap in the face in borrowing hundreds of billions of our children and our grandchildren. to all fair-minded persons, not just pro- dollars from China and the Middle East We need to make Washington do life Americans. The President should Madam Speaker, the American peo- more with less, just as western New withdraw her nomination or else the ple deserve a responsible budget from Yorkers have for many years. Senate should reject it.

VerDate Mar 15 2010 12:18 Aug 01, 2011 Jkt 079102 PO 00000 Frm 00002 Fmt 0688 Sfmt 0634 E:\BR09\H25MR9.000 H25MR9 erowe on DSK5CLS3C1PROD with BOUND RECORD March 25, 2009 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 7 8585 b 1015 HONORING SERGEANT MATTHEW isiana workers prove every day that we W. ECKERSON can produce energy in an environ- WE MUST PASS THIS BUDGET (Mrs. DAHLKEMPER asked and was mentally responsible way. Let’s work together to create jobs (Mr. SIRES asked and was given per- given permission to address the House for 1 minute.) and keep energy costs down. mission to address the House for 1 The President’s plan to hike taxes on minute.) Mrs. DAHLKEMPER. Madam Speak- er, I rise today to recognize and honor Americans who are already struggling Mr. SIRES. Madam Speaker, today I the service of U.S. Army Sergeant Mat- with a slow economy is just the wrong rise to speak to middle-class families thew W. Eckerson from my hometown way to be going. Let’s make America facing job loss or shrinking incomes. of Erie, Pennsylvania competitive again and get Americans They may feel left out of the bailouts. I have a picture of Sergeant working. That’s the kind of stimulus That is why I am happy to report that Eckerson. While serving in Sadr City, Americans and our economy really the President’s budget will help them Iraq, this 24-year-old was injured after need. by making the $800 Make Work Pay tax a roadside bomb hit his tank on April f cut permanent; by expanding the child 24, 2004. Sergeant Eckerson was no tax credit for millions of families with TAMPA INTERNATIONAL AIRPORT stranger to these kinds of attacks. children; by making college more af- FUNDING While serving overseas, he has experi- fordable by making the $2,500 American enced five other roadside bombings (Ms. CASTOR of Florida asked and opportunity tax credit permanent; by while in a tank or Humvee, attacks was given permission to address the permanently protecting millions of which left him with traumatic brain House for 1 minute.) middle-class families from being hit by injuries from the blasts. His bravery Ms. CASTOR of Florida. Madam the AMT; by expanding the earned in- earned him four Army Medals of Com- Speaker, last month when we worked come tax credit; by expanding the cur- mendation, as well as the Purple Heart. with President Obama to adopt an eco- rent tax credit for saving for retire- Sergeant Eckerson is now medically nomic recovery plan, our intent was to ment and providing for automatic en- retired from the Army after 6 years of put people back to work. Well, the re- rollment in IRAs and 401(k)s; and by active duty, a total of 33 months served covery plan is just now starting to eliminating capital gains on small in Iraq from 2004 to 2008. He is cur- work, and I’m very pleased to report businesses. rently enrolled at the University of that this week I joined the director of The President’s budget cuts taxes for Phoenix, seeking a degree in business the Tampa International Airport to an- 95 percent of Americans, while the management with a concentration in nounce that $8 million from the recov- budget invests in programs that create politics. ery plan will come to the Tampa Bay jobs, makes education affordable, and Madam Speaker, I am so grateful to area to reconstruct our fabulous air- encourages clean American energy. It Sergeant Eckerson for his patriotism port. In particular, we are going to re- helps the middle class, which is why we and service to our country. This war construct a taxiway and begin con- must pass this budget. has affected me personally, and I do struction on a new north terminal. not take his service for granted. Now, this is absolutely vital because f My nephew and his wife have served the unemployment rate in my home- four and three tours in Iraq, respec- town now is about 10 percent. So when BUDGET tively, and my foster son served in Iraq we can put folks back to work, the utilities, especially in the hard-hit con- (Mr. GRAVES asked and was given and came home suffering from PTSD. Thank you to Sergeant Eckerson, struction sector, rebuilding this fabu- permission to address the House for 1 lous economic engine in my commu- minute.) and God bless all the other brave men and women in uniform for their service nity, I know that it is going to have a Mr. GRAVES. Madam Speaker, the to our country. ripple effect throughout my local econ- President’s budget is going to cost f omy. Americans trillions of dollars. How This is what’s happening all across does he want to pay for it? By taxing TAXES ON AMERICAN-MADE EN- America. So as we recover and put peo- small businesses, the very people who ERGY ARE TAXES ON ALL ple back to work, America will be are responsible for creating 7 out of AMERICANS stronger than ever before. every 10 jobs. (Mr. BOUSTANY asked and was f Many small business owners file their given permission to address the House CAP-AND-TAX taxes as individuals. So let’s be honest for 1 minute.) about who we’re asking to pay for this Mr. BOUSTANY. Madam Speaker, (Mr. SHIMKUS asked and was given unprecedented expansion of govern- last night the President tried to make permission to address the House for 1 ment. Every dollar we take from small a case for his $3.6 trillion budget. He minute and to revise and extend his re- business owners is a dollar that cannot suggested that more than $30 billion in marks.) be used to reinvest in their businesses new taxes on America’s energy pro- Mr. SHIMKUS. Madam Speaker, to- or hire more workers. ducers would not cost American jobs. day’s Los Angeles Reuters article The President and his friends in Con- I represent a number of America’s states, ‘‘U.S. electricity prices are like- gress act like they know the needs of small energy producers and the support ly to rise 15 to 30 percent if a national small business owners. The President’s companies, service workers, and others cap on carbon dioxide emissions is in- announcement last Monday to ‘‘help’’ who responsibly provide the energy stituted, according to a report by small businesses with SBA loans was a powering America. The President’s Moody’s Investors Services.’’ clear example of just how out of touch budget would force them out of busi- You’ve heard us talk a lot about a the President is. According to a recent ness and send their work and their jobs cap-and-tax. The burden of this carbon survey of small business owners, 90 per- overseas. regime will be a tax on carbon use, cent of owners said they have never But this is what the President failed pushing the cost on us, the middle even applied for an SBA loan. to tell those listening last night. His class, the poor. And the debate here is Congress must reject the President’s new energy taxes would hit every sin- we, on our side, we do not want to cap budget which spends too much, borrows gle American. The new taxes in his car- our economy and trade away our jobs. too much, and taxes our Nation’s hard- bon program would increase electricity And that’s what this regime will do. working small business owners. prices, the price at the pump, and home This was after the 1990 Clean Air Act Our job here in Congress is to put the heating oil costs. Amendments. A mine in my district, American people back to work, not Republicans believe we must be good Peabody No. 10 in Kincaid, Illinois, be- grow government. stewards of the environment, and Lou- cause of the Clean Air Amendments,

VerDate Mar 15 2010 12:18 Aug 01, 2011 Jkt 079102 PO 00000 Frm 00003 Fmt 0688 Sfmt 0634 E:\BR09\H25MR9.000 H25MR9 erowe on DSK5CLS3C1PROD with BOUND RECORD 8586 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 7 March 25, 2009 well, it was actually 1,200 miners lost tional debt every year for the next 10 What he did do was call for a ‘‘new their jobs. years. beginning,’’ without saying much This is what will happen if we pursue The American people know there’s a more. Israeli President Shimon Perez a cap-and-tax regime that caps our better way. In the coming hours, Re- also appealed to the people of Iran be- economy and trades away our jobs. We publicans will unveil a better solution fore making clear that the country will fight this to the end. to pass a budget bill based on fiscal re- would be run by religious fanatics. f sponsibility and the principles of I urge the President to rely more on growth. our friends in the Middle East, who BARRING DALAI LAMA FROM deal with Iran on a daily basis, and less PEACE CONFERENCE IN SOUTH f on Youtube and sports metaphors. AFRICA TAX CUTS The United States must make clear (Mr. LEWIS of Georgia asked and was (Mr. BOCCIERI asked and was given that we support Israel, their President, given permission to address the House permission to address the House for 1 and their new prime minister in their for 1 minute and to revise and extend minute and to revise and extend his re- continuing struggle with Iran and its his remarks.) marks.) misguided leaders. Mr. LEWIS of Georgia. Madam Mr. BOCCIERI. Madam Speaker, to f Speaker, it is a shame and a disgrace my colleagues here on the floor, give that the Dalai Lama will not be per- me a break. That’s exactly what the PROVIDING FOR CONSIDERATION mitted to attend a peace conference in American taxpayer has asked for, and OF SENATE AMENDMENTS TO South Africa this week. that’s what this Congress has deliv- H.R. 146, OMNIBUS PUBLIC LAND How could a nation, once a symbol of ered. MANAGEMENT ACT OF 2009 the power of reconciliation, be so Over the last 3 months that I have Ms. PINGREE of Maine. Madam wrong today? How could the home of been here in the Congress, here in the Speaker, by direction of the Com- Albert Lituli and Nelson Mandela and United States Capitol, we have made mittee on Rules, I call up House Reso- other men and women of courage deny permanent the $800 Making Work Pay lution 280 and ask for its immediate their brotherhood with one simple man tax cut for American middle-class fam- consideration. of peace? ilies. We’ve expanded the child tax The Clerk read the resolution, as fol- Madam Speaker, I am afraid that credit. We’ve made the investment into lows: this says something very troubling alternative energy, the tax cuts that H. RES. 280 about the leadership of South Africa. It are going to help grow green energy Resolved, That upon adoption of this reso- says that they are willing to sacrifice jobs here in the United States and in lution it shall be in order to take from the the cause of justice on the cross of my district in Ohio. We’ve made those Speaker’s table the bill (H.R. 146) to estab- trade and monetary gain with China. part of our package that we’ve rolled lish a battlefield acquisition grant program Today, I stand with former President out. for the acquisition and protection of nation- F.W. de Klerk, Archbishop Desmond This stimulus package and economic ally significant battlefields and associated Tutu and others around the world who recovery bill that was passed by this sites of the Revolutionary War and the War of 1812, and for other purposes, with the Sen- condemn this unnecessary act. Congress provides the largest tax cut ate amendments thereto, and to consider in f for American middle-class families and the House, without intervention of any point for small businesses in this country. THE BUDGET AND THE of order except those arising under clause 10 This was the right step. We can already of rule XXI, a single motion offered by the PRESIDENT’S NEWS CONFERENCE begin to see the signs of economic re- chair of the Committee on Natural Re- (Mr. PENCE asked and was given per- covery on the horizon. sources or his designee that the House con- mission to address the House for 1 We’ve got a long way to go, but the cur in the Senate amendments. The Senate minute and to revise and extend his re- package we introduced and passed in amendments and the motion shall be consid- marks.) ered as read. The motion shall be debatable this Congress is going to be the right for one hour equally divided and controlled Mr. PENCE. Yesterday, the President track, and we need to put our country by the chair and ranking minority member of the United States took to prime back on track. That’s what the Amer- of the Committee on Natural Resources. The time television in defense of a budget ican taxpayers have asked for, and previous question shall be considered as or- proposal that spends too much, taxes that’s what we’re giving them, a break. dered on the motion to final adoption with- too much, and borrows too much, and f out intervening motion or demand for divi- the American people know it. Our Na- sion of the question. tion is beginning to understand that THREAT FROM IRAN IS REAL b 1030 the President’s proposed the most fis- (Mr. OLSON asked and was given per- cally irresponsible budget in the his- mission to address the House for 1 The SPEAKER pro tempore. The gen- tory of our Nation. minute and to revise and extend his re- tlewoman from Maine is recognized for It comes at such a difficult time for marks.) 1 hour. our country. I recently met firsthand Mr. OLSON. Madam Speaker, the Ms. PINGREE of Maine. Thank you, with families in my district who are threat from Iran is real. It endangers Madam Speaker. facing these difficult times with cour- Israel, our greatest ally in the Middle For the purpose of debate only, I age and sacrifice. East, many of our NATO allies in Eu- yield the customary 30 minutes to the The leaders of Rushville, Indiana, rope, and indeed, the United States of gentlewoman from North Carolina (Ms. were sitting down around a kitchen America herself. FOXX). All time yielded during consid- table at a farm last week, practicing The President has said that Iran with eration of the rule is for debate only. I the kind of fiscal restraint and deter- nuclear weapons would be a ‘‘game yield myself such time as I may con- mination necessary to make it through changer,’’ and last week he sent a video sume. these difficult times, and the people in message to the people of Iran. What GENERAL LEAVE all of our Nation want Washington to was contained in the message was not Ms. PINGREE of Maine. I also ask do likewise. They want us to put our as striking as what was left out. unanimous consent that all Members fiscal house in order with fiscal respon- The President did not call on the Ira- be given 5 legislative days in which to sibility and a commitment to grow. nian Government to give up uranium revise and extend their remarks on The President’s budget increases enrichment. He did not insist that the House Resolution 280. spending and raises taxes on almost Iranian Government stop arming The SPEAKER pro tempore. Is there every American household and small Hezbollah in Lebanon and Hamas in objection to the request of the gentle- business, and invites record deficits, Gaza. He did not insist that the Iranian woman from Maine? and adds roughly $1 trillion to our na- Government stop threatening Israel. There was no objection.

VerDate Mar 15 2010 12:18 Aug 01, 2011 Jkt 079102 PO 00000 Frm 00004 Fmt 0688 Sfmt 0634 E:\BR09\H25MR9.000 H25MR9 erowe on DSK5CLS3C1PROD with BOUND RECORD March 25, 2009 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 7 8587 Ms. PINGREE of Maine. Madam that when our grandchildren want to has done, it’s taken a very, very bad Speaker, House Resolution 280 provides take their families to see what Amer- bill and used every possible maneuver for consideration of the Senate amend- ica looked like in its wild state, they to it to keep us from really debating ments to H.R. 146, the Omnibus Public will be able to. And they will be able to this bill, from voting on amendments, Land Management Act of 2009. The rule explore these lands because we are not and from dealing with this bill in an makes in order a motion by the chair- closing off or preventing access to land. open way. man of the Committee on Natural Re- Instead, the wilderness designation I want to say that I am a big sup- sources to concur in the Senate amend- helps manage the various uses, and this porter of national parks. I often say ments to H.R. 146, the Omnibus Public legislation recognizes that some areas that I think the Federal Government’s Land Management Act of 2009. The rule are better suited for some kinds of number one job is national defense, but provides 1 hour of debate on the motion recreation than others. I think there is an important role in controlled by the Committee on Nat- This act also provides protection to this country for preserving land for all ural Resources. historic sites like the Harriet Beecher people to use. Madam Speaker, today, people across Stowe House in my State of Maine, So I am a supporter of national the country are looking to this body to where this courageous abolitionist parks. When I travel around the coun- pass this important bill. We have an wrote ‘‘Uncle Tom’s Cabin.’’ Future try, those are the places that I like to historic opportunity to protect and generations will be able to see and use go. preserve land across the country for fu- this site and others protected by this We are debating the rule, but the un- ture generations. Our grandchildren legislation. derlying bill, I think, is going to harm and their grandchildren will be able to This legislation before us is a product our country and harm Americans in enjoy national parks around the coun- of bipartisan efforts that recognize how many ways. We are going to be re- try. critical it is to conserve our land and stricting Americans’ right to the sec- In Maine, my district, like so many ensure that the American people have ond amendment in this country. We are other areas around the country, we access to that land. Land is one of our going to be restricting people with dis- cherish the natural beauty that sur- most precious resources and we must abilities from using the very lands that rounds us, and we have worked hard to do our part, not only for our use but for they think they should be able to use. preserve it. When I was the Senate ma- future generations. We are going to be restricting our dis- jority leader in the State of Maine, I This legislation protects areas for abled veterans from being able to use sponsored the biggest land bond bill in outdoor recreation. It preserves land the parks and areas that are being set State history to preserve our open for hunting, fishing, and other rec- aside. We are going to be trampling on spaces for the public. reational activities. Not only does this the important issue of eminent do- Time and again, the people of my package protect some of the most envi- main. State have voted to invest in public ronmentally significant and scenic Many people are opposed to this bill. land that will be protected for genera- land in the country, it also provides We even have the ACLU along with tions to come, and we value the full va- protection for our Nation’s water re- several other groups saying that they riety of uses of that land, whether it be sources and keeps our Wild and Scenic are opposed to this bill and have seri- hiking, camping, kayaking, hunting, or Rivers undammed and free flowing. ous reservations about it. fishing. Taken as a whole, this package is But it’s going to be rammed through, We are here today to consider the truly landmark legislation. The like so many other things have been Senate amendments to H.R. 146, the amendments incorporate bipartisan rammed through in this session of Con- Omnibus Public Land Management Act bills introduced by the last Congress— gress, and it’s setting the tone for how of 2009. These amendments provide us 39 by Democrats and 36 by Republican the majority is operating in this Con- with the opportunity to strengthen our Members of the House. gress at this time. National Park System, improve forest Finally, as good a piece of legislation We are even told that even though health, facilitate better management as I think this is, the debate before us 100 of these bills—there are 160 bills in of our public lands, and increase the is simply on the rule to debate the un- this one bill—even though 100 of them quantity and quality of the water sup- derlying bill. My colleagues on the have never been debated by either ply in numerous local communities. other side of the aisle may argue that body, because the Senate okayed this, This is not the first time this body this did not go through regular order, then it’s okay with us. has voted on this legislation. On March or this limits second amendment I suspect that later on in this session 11, a bipartisan majority of the House rights, or that it somehow excludes our I’m going to hear my colleagues who voted in favor of the Omnibus Lands honored returning vets from accessing made that comment make a very, very Management Act. Unfortunately, it public lands, but all of those argu- different kind of comment. narrowly failed to obtain the two- ments are simply untrue. So I am very concerned about this thirds vote to pass the House. Last Mr. HASTINGS of Washington. Will rule. I think it is a bad underlying bill. year, the majority of the bills that the gentlelady yield? I think the rule is bad because it cuts make up this package were passed out Ms. PINGREE of Maine. No, I won’t. off debate. But this is the modus ope- of the House but were held up in the I urge my colleagues on both sides of randi of the majority in this session. Senate by a threatened filibuster. the aisle to support this very impor- With that, Madam Speaker, I would Finally, this year the Senate voted tant public lands bill. like to yield 8 minutes to a former twice—each time overwhelmingly in I reserve the balance of my time. member of the Rules Committee, the favor of this package. Our time to send Ms. FOXX. Madam Speaker, the best distinguished gentleman from Wash- this legislation to the President’s desk thing about what has been happening ington (Mr. HASTINGS). is long overdue. in this session of Congress, I think, is Mr. HASTINGS of Washington. This package will provide protection that the American people are paying Madam Speaker, I rise in strong oppo- to historic and cultural resources that close attention to what is going on sition to this rule and the total block- include the sacred ground of American here, and I certainly hope that they are ade erected by House Democrat leaders battlefields. In addition, it will protect paying close attention to the debate on to any amendments being offered on our forests, our water, our network of this rule today because it’s an impor- this over 1,200-page bill, this $10 billion trails. It will add to our National Park tant rule that we are debating and it’s omnibus lands package. System and provide land that we can an important bill that is going to be This bill is a monster bill created by all enjoy. voted on. the Senate, stacking together more By finally passing this legislation Process is important, I think, al- than 170 pieces of different legislation. today, we will designate over 2 million though people say most folks don’t pay Over 100 of these bills have never been acres of land as wilderness. This means attention to it. But what the majority voted on in the House.

VerDate Mar 15 2010 12:18 Aug 01, 2011 Jkt 079102 PO 00000 Frm 00005 Fmt 0688 Sfmt 0634 E:\BR09\H25MR9.000 H25MR9 erowe on DSK5CLS3C1PROD with BOUND RECORD 8588 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 7 March 25, 2009 The legislative strategy behind the border security. We don’t even know member of the Resources Committee, creation of this omnibus bill was to who is responsible for deleting this for his very hard work on this issue, make a bill—apparently like AIG—that amendment in the Senate. and to report to the House, unfortu- is too big to fail. If this bill becomes law without fix- nately, the fact that the Rules Com- Of course, the bill does contain some ing this border security loophole, I fear mittee last night, after a very, very worthwhile provisions, including a few we will likely look back in the future contentious debate, on a party-line that I offered. But if we were wise, if and say, Well, we really should have vote, decided not to allow the very we were wise in this House, our recent kept that safeguard in and not let the thoughtful amendments that Mr. HAS- experiences with TARP and the stim- Senate strip it out, just like the Senate TINGS has brought forward to be consid- ulus package would serve as a cau- stripped out the AIG provision that we ered. tionary tale about the need for delib- railed against last week. It’s interesting to note, if my friend eration before passing gargantuan The price Americans pay to fill up would continue to further yield, that bills. their cars is starting to go up again, we in the last week or two have been Last week, for example, Congress yet H.R. 146 prohibits American-made dealing with the aftermath of the 1,100- loudly expressed indignation about the energy production on Federal lands— page stimulus bill that was brought be- Wall Street bonuses. But now we learn production that would create new jobs fore us. in these difficult economic times. Our that restrictions on bonuses were in b 1045 Nation can’t afford to shut down the the original legislation but they were We know that last week we spent all stripped out in the final bill by some- creation of jobs and we can’t afford to become even more dependent on for- of our time trying to figure out a way one in Congress, specifically in the around the $167 million in bonuses that Senate. eign oil. The omnibus bill even locks up Fed- were provided to AIG executives. Ev- And yet here we are again, about to eryone was up in arms about this, and ensure that another far-reaching bill eral lands from renewable energy pro- duction, including wind and solar. people are still pointing fingers to de- will move through the House, termine how it is that that measure unexamined, and it with no oppor- Again, amendments that I filed to ad- dress these issues were rejected by the got into the stimulus bill. tunity for amendment. Well, one of the things that we found However, there are many areas in Rules Committee. As written, Madam Speaker, the om- is that unintended consequences con- this bill that need improvement. I tinue to come forward and we, thanks filed, Madam Speaker, just 10 amend- nibus bill prevents and bans public ac- cess to Federal lands in many ways. to Mr. HASTINGS’ efforts, found an un- ments with the Rules Committee on intended consequence. I have to say, the most serious areas of concern. The recreational riding of bicycles and motorbikes is prohibited in over 2 mil- Madam Speaker, for many, many years Let me highlight just a few of them: we, as Republicans, have been ma- Ensuring protection of our border secu- lion acres of public land. Wheelchair access to wilderness areas is effectively ligned, maligned regularly by our rity; producing American-made energy friends on the other side of the aisle for that will create new jobs; ensuring pub- banned as well. Madam Speaker, let me explain. Fed- trying to pull the rug out from under lic access to Federal lands—and I will eral law does not ensure that wheel- seniors, starving children, and the dis- talk about that more in a moment— chairs capable of use in outdoor nat- abled. I would not dream of standing and restoring Americans’ second ural areas are allowed. It only permits here arguing that there is any Member amendment rights while on Federal wheelchairs that are ‘‘suitable for use of this House, Democrat or Republican, lands. This was struck down last in an indoor pedestrian area.’’ who would want to deny the disabled Thursday by a judge here in D.C. Madam Speaker, I know there’s a access to wilderness areas. But I know On the need to protect our borders, great deal that politicians disagree on, this, a problem was raised. do we know what effect the enhanced but I hope that we can agree on this The SPEAKER pro tempore. The gen- environmental restrictions under this fundamental fact: Nature is outdoors. tleman from Washington’s time has ex- bill will have on border security? No, Wilderness areas and national parks pired. we do not. are located outside, and wheelchairs Ms. FOXX. I yield an additional 2 The Senate has stricken out an and similar devices that allow the dis- minutes to the gentleman from Wash- amendment by Mr. GRIJALVA of Ari- abled access to outdoor natural areas is ington (Mr. HASTINGS). zona to the National Landscape Con- not allowed under existing law or this Mr. HASTINGS of Washington. I servation System bill that was adopted omnibus bill. yield to the gentleman from California in this House last April, 414–0. This Furthermore, current law expressly (Mr. DREIER). unanimously approved House amend- says that accommodation for wheel- Mr. DREIER. Let me say, and I ment stated, ‘‘Nothing in this act shall chairs or the disabled in wilderness thank both of my colleagues for their impede any efforts by the Department areas is not required. Therefore, the kindness, but let me say, Madam of Homeland Security to secure the disabled act reigns. Speaker, as we look at this challenge borders of the United States.’’ The Sen- Public lands should be available for which has been such a great one, there ate stripped this provision from the bill public enjoyment. That includes dis- is no one, as I said, who would want to and now that protection is gone. abled. Yet access for disabled veterans deny any disabled person access, Demo- I filed an amendment with the Rules and all disabled Americans is not pro- crat or Republican, even though we are Committee to restore this provision as tected by this omnibus. regularly accused of such heinous acts it reflects the unanimous House posi- I proposed several amendments to ad- and have been for many, many years. tion, as well as another amendment to dress these shortcomings, including ex- But Mr. HASTINGS found the unin- apply this border security protection plicit protections for bicycle access, tended consequence here, and last language to the entire omnibus bill. existing motorized recreational vehicle night in the Rules Committee we came We must ensure that provisions in access, as well as an amendment for ac- forward and said here is a way to deal this bill do not ban the use of vehicles cess for disabled and disabled veterans with this challenge. We want to ensure and other technology to patrol and se- on lands covered in this bill. that people who are disabled have ac- cure our border. But this rule we are Mr. DREIER. Will the gentleman cess to our wilderness areas. And debating doesn’t allow any amend- yield? again, Mr. HASTINGS had two amend- ments to be debated or voted on by this Mr. HASTINGS of Washington. I ments. We offered them, and on a House. would be happy to yield. party-line vote he was denied an oppor- The force behind denying any amend- Mr. DREIER. I thank my friend for tunity to offer those amendments. ment to the omnibus bill is so great, so yielding. Again this gets to this point, Madam great, that the House is apparently Madam Speaker, I want to congratu- Speaker, we are in this era of biparti- willing to fall over and play dead on late our friend from Pasco, the ranking sanship as put forward by Speaker

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PELOSI, a great desire to listen to the hiked around Mount Hood with my mittee said ‘‘no’’ to saving 80,000 jobs input provided by Members regardless good friend and colleague, GREG WAL- despite bipartisan support. of political party; and here we have a DEN, 5 years ago now, with our staff. My amendment would have tempo- commonsense package of amendments We have had countless meetings with rarily removed the restrictions the En- that will deal with something that no stakeholders, with Native Americans, dangered Species Act places on Federal one wants to allow happen, and yet with cyclists, with all of the special in- and State water pumps in the Cali- Members of the Republican Party were terests that care about this icon of Or- fornia Bay-Delta, allowing water to be in fact shut out from having a chance egon, Mount Hood. And it took us a lot moved from northern and central Cali- to offer those amendments whatsoever. of hard work to reach the sweet spot fornia to farming families in my dis- And I believe it is a very sad day for where we had bipartisan support. We trict and to millions of urban Califor- this institution and the Committee on actually got it through the House once, nians in the southern portion of the Rules that such action would take and it stumbled in the Senate. State. Pumping and storing more place. Madam Speaker, it is too important water is necessary if we want to relieve I thank my friend for yielding and for us to start down this trail of start- the devastating drought in California. thank him again for his very hard work ing to tweak the legislation now, be- Yet, the Rules Committee didn’t con- on this important issue. cause I have watched the Mount Hood sider the billions of dollars and jobs it Mr. HASTINGS of Washington. I ap- wilderness be tied up in Senate politics would save to be worthwhile. preciate the gentleman’s remarks. and procedural activities for a half- The way this legislation has been put Madam Speaker, there is another dozen years now. I strongly urge that together and shuttled through Con- issue. I offered an amendment with Mr. we support this underlying bill and be gress is atrocious. The majority has BISHOP of Utah dealing with the second able to bring in millions of acres of sprinkled a few meritorious provisions amendment rights, and he will speak to America’s special places to give them in an effort to buy votes around what is that. But I want to tell the House that wilderness designation. otherwise damaging legislation. This bill blocks millions of acres this is an issue to correct a Federal I want to thank my friend, GREG from new oil and gas leasing and all judge’s decision from last week that WALDEN; the dean of our delegation, other business activity. Further, the bans the use of firearms under State PETER DEFAZIO; and in the other body, bill designates more than 2 million law on certain Federal lands. We can Senator WYDEN; former Republican rectify that without slowing this bill Senator Smith; and new Senator acres as wilderness acres, permanently restricting public access. The Federal down at all. MERKLEY. All of us have joined to- Government already owns 30 percent of The SPEAKER pro tempore. The gen- gether on this landmark legislation for the total land area of the United tleman’s time has expired. Mount Hood. I see my good friend and Ms. FOXX. I yield the gentleman an States. It doesn’t need any more. colleague Congressman MINNICK from Though I will not vote for the Omni- additional minute. Idaho here. This is a journey in Idaho bus Public Lands bill for the serious Mr. HASTINGS of Washington. We that Representative SIMPSON has been reasons previously stated, there are can rectify this, Madam Speaker, by working on for years as well. Members some supportable measures in the bill. defeating the previous question. If we should come together and pass this leg- The Tuolumne Me-Wuk Land Transfer defeat the previous question and allow islation. Act, the Madera Water Supply En- a motion to amend the rule to take up The rule does matter. We have hancement Act, and the San Joaquin the amendment that I offered dealing watched one single Member of the River Restoration Settlement are three with the second amendment, then we other body tie up critical wilderness examples. can add that to the package and this legislation for years. We have got it The Madera Water Supply Enhance- House will have an opportunity to vote through the Senate, finally. We have ment Act creates an underground on that. broad bipartisan support for special water bank in my district which is des- The reason I bring this up, while 2 places all across America. I strongly perately needed in the San Joaquin weeks ago the House put in the Alt- urge that we resist the temptation to Valley to mitigate the effects of mire amendment, at that time the non- tinker with this bill now. I would like drought and the onerous Endangered restriction on gun ownership on Fed- to think that my colleague on the Species Act regulations. eral lands was in place until the judge other side of the aisle is offering this I also support the San Joaquin River struck it down. This corrects that, and from the purest of motives, but the Restoration Settlement, resolving a 20- it needs to be corrected. We can correct fact is that we have watched delay and year lawsuit that threatened the water it today by defeating the previous amendment foul up the wilderness leg- supply for farmers in the San Joaquin question and allowing us to amend the islation procedurally for a half-dozen Valley. The San Joaquin River Res- rule to take up my amendment on the years. toration Settlement gave my agricul- second amendment. By approving this rule, approving tural constituents something they did I urge Members when we get to that this legislation, we can move forward not previously have: a seat at the nego- point to vote ‘‘no’’ on the previous with these protections for special tiating table. Before the settlement, a question so we can amend the rule to places all across America. And then we Federal judge was going to decide how take up this issue on gun rights that can go back and deal with any unre- much water farmers would lose in Mr. BISHOP will talk about later. solved issues. Heaven knows, I want to order to restore a salmon fishery. By Ms. FOXX. Madam Speaker, I reserve make sure that we take care of issues giving farmers a voice in the solution, the balance of my time. that relate to cyclists, for instance. the settlement prevents an agricul- Ms. PINGREE of Maine. Madam Vote for the rule, vote for the bill, and tural disaster and gives the agricul- Speaker, I yield 3 minutes to the gen- get on with business. tural community some control over tleman from Oregon (Mr. BLU- Ms. FOXX. Madam Speaker, I yield 3 their water future. Additionally, all 22 MENAUER). minutes to the gentleman from Cali- water districts of the Friant Water Mr. BLUMENAUER. Madam Speaker, fornia (Mr. RADANOVICH). Users Authority have consistently I appreciate the gentlelady’s courtesy Mr. RADANOVICH. Madam Speaker, voted in support of the settlement. The in permitting me to speak on the rule yesterday I went to the Rules Com- settlement is a product of hardworking and support for the underlying bill. mittee and offered an amendment to folks who simply want to continue This morning marks hopefully the the Omnibus Public Lands bill that growing food to feed this great Nation culmination of 7 years of work that I would have saved 80,000 jobs and over with a safe, reliable, and efficient have been involved with in the State of $2.2 billion worth of income in my dis- water supply. I believe we have accom- Oregon to preserve one of our special trict by ending the regulatory drought plished that goal in this settlement. places, the Mount Hood wilderness. It that currently plagues the San Joaquin The SPEAKER pro tempore. The gen- has been a bipartisan effort. Indeed, I Valley. Surprisingly, the Rules Com- tleman’s time has expired.

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Ms. FOXX. I yield another 30 seconds Chairman RAHALL for his leadership on be treated the same way. The Bureau to the gentleman from California. this bill, Representative PINGREE for of Land Management does not prohibit Mr. RADANOVICH. Madam Speaker, her leadership on the rule, and I look against lawful concealed carry any- I support these portions of the Omni- forward to sending this bill to the where that it is allowed by States. The bus Public Lands Act, and believe that President. Forest Service doesn’t do it either. they should be passed on their own Ms. FOXX. Madam Speaker, I now Only the Park Service. And the Park merit. However, for reasons stated would like to yield 4 minutes to my Service changed their rule to make it above, I cannot support the overall distinguished colleague, the gentleman in compliance with everything else and package and urge my colleagues to from Utah (Mr. BISHOP). bring consistency. This judge changed it to chaos. vote against this rule that did not b 1100 allow a vote to save 80,000 jobs and over Now when we think about national $2 million in income in California at no Mr. BISHOP of Utah. Madam Speak- parks, we think about Yellowstone, cost to the taxpayers. er, this new bill and the amendments Grand Canyon, Zion and Bryce. But the Ms. PINGREE of Maine. Madam to the bill cover 177 different issues, 100 National Park Service controls lands, Speaker, I yield 2 minutes to the gen- of which were obviously never dis- they control roads and walkways. It is tleman from Colorado (Mr. POLIS). cussed in the House before. I think it is impossible to drive or jog without Mr. POLIS. Madam Speaker, I rise important to note that the chairman of going in and out of Park Service land today in strong support of the Omnibus this committee, Mr. RAHALL, the Dem- which is never signed or notified, so no Public Lands bill under consideration, ocrat chairman, would not have done one really knows whether you are actu- as well as the rule. this. On each of the issues we actually ally legally carrying a concealed weap- This bipartisan and bicameral effort did discuss, he went through regular on or not. We have had people who has taken a lot of work, and it has been order. There were hearings. There was have been arrested, entrapped, on Park a long and twisting road. But we have a markup. They brought them individ- Service land for carrying a concealed before us today a widely supported ually to the floor for debate. weapon where if they had gone a couple piece of legislation that benefits our This bill is in this condition not be- of blocks further, they would be in Vir- Nation from Florida to Alaska, Texas cause there were Senate filibusters, for ginia territory where it was legal. That to Minnesota, and, indeed, my district indeed some of these provisions have is ridiculous. That is silly. in Colorado. sat over in the Senate for as long as 2 Yet this provision is now done by ju- I was lucky enough to grow up in years. This bill—this concoction—is dicial fiat, which means that the hunt- Boulder, Colorado, hiking in Mount here simply because the Senate failed ing amendment that was put in by the Sanitas, the Flat Irons, and Flagstaff to do their job. They did not hold hear- Democrats in the contortion of trying Mountain—all areas under public man- ings. They did not hold markups. They to get this bill through is now mean- agement. This bill will protect and de- did not bring these issues to the floor ingless and it is insignificant, which is fend some of America’s truly great in a regular manner. They lumped why Representative HASTINGS of Wash- public lands so that children all across them all together. ington has an amendment to reverse the country can grow up enjoying our And now it is almost humorous to that decision and bring consistency environment and interacting with our watch the contortions that the Demo- back to the Department of the Interior. This is the proper time. It is the ecosystems, just like I did when I was cratic Party is going to go through to proper venue. It should have been made a kid. try and stifle any kind of debate or in order. It would have solved the prob- It will also finally give Rocky Moun- change in this bill. Originally it came lem. tain National Park, a prized jewel in to us as a suspension in a situation in which it could not be amended, could I introduced another amendment in Colorado, the wilderness designation it there to simply take four amendments not have a motion to recommit, even deserves. The Rockies, rising high that were passed by this House on the though it did somehow get an amend- above Denver and our surrounding floor, bipartisan amendments, Repub- ment on it. Now it is coming back to us communities, are visited by local resi- lican and Democrat, that were voted in in a version of amendments to another dents and international adventurers a bipartisan way and rejected by the Revolutionary War bill. They actually who come to be surrounded by our awe- Senate simply because the Senate said had a Civil War monument battlefield inspiring landscapes and diverse eco- they didn’t have the time to review bill over there with a Republican spon- system. what the House did. These were short sor. They could have at least made These visitors sustain Colorado com- amendments. If you wrote small, you those amendments to that bill and ap- munities like Estes Park and Grand could put them all on one page. It is Lake, communities that rely on tour- peared bipartisan. But nonetheless it is wrong that the Senate rejects the work ism and recreation jobs, and will be now here to us as the form of amend- of this floor. This side of the Capitol is well served by this bill. ments with a closed rule so we can’t just as important as that side of the Furthermore, the National Land- talk about them again. Capitol. scape Conservation System, the wild Now one of the amendments that got The SPEAKER pro tempore. The and scenic rivers and national heritage into this bill, even though it wasn’t ac- time of the gentleman has expired. areas that this bill codifies, will enrich tually supposed to get into the bill, Ms. FOXX. I yield the gentleman 30 our country many times over. Just as dealt with hunting rights. Mr. HAS- additional seconds. Rocky Mountain National Park and TINGS of Washington talked about that Mr. BISHOP of Utah. It is just as im- the Indian Peaks Wilderness have en- issue very briefly. Hunting is not the portant as that side of the Capitol. And riched the culture and history of Colo- same thing as the second amendment. what we do should be respected. That rado, the National Landscape Con- And we have special interests that amendment should have been put in servation System will enrich our coun- went before a maverick judge who order so that what the House passed try. ruled that 8 months of study is not the and what the House said should be part This bill’s passage is long overdue. It same thing as a quick review. It is not of this particular bill if indeed it is will preserve landscapes, educate gen- long enough. And therefore that judge, going to pass. There is no reason why erations, enrich lives and support local in her own right, changed National we should have our amendments taken communities. We have addressed any Park Service policy that was designed out and let the Senate simply do what reasonable concerns that have been to create consistency and created in- it wants to because the Senate failed to posed, and at long last it is time for stead chaos. work in an orderly process while they this bill to become law. If the Park Service rule had been left had these bills for years and years. Madam Speaker, I urge my col- in place without this judge playing Ms. PINGREE of Maine. Madam leagues to join me in support of this around with it, all public lands under Speaker, I yield 1 minute to the gen- important piece of legislation. I thank the Department of the Interior would tleman from Idaho (Mr. MINNICK).

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Maybe 12,000 hardscrabble residents, fewer been a thorn in the side of many activ- they would be willing to deliver water, people per square mile than any county ist judges in this country. Last week distribute humanitarian aid and re- in the continental United States. we witnessed another act of hostility build the San Joaquin Valley you seem Last summer, I had the privilege of towards the Constitution when a U.S. so committed to destroying. spending several days floating a rarely district judge single-handedly decided Madam Speaker, I urge my col- visited upper stretch of the Owyhee to recede one of our basic constitu- leagues to vote ‘‘no’’ on this rule and River within the area this bill will pro- tional rights. The ruling by Judge Col- vote ‘‘no’’ on this bill. tect. If passed, this bill will perma- leen Kollar-Kotelly eliminating a law- Ms. PINGREE of Maine. I continue to nently protect as wilderness 517,000 abiding citizen’s right to carry a con- reserve my time. Ms. FOXX. Madam Speaker, I would stunning, unspoiled acres of my home cealed weapon on Federal lands is a di- like to ask the gentlewoman from State’s landscape and would provide rect assault on the second amendment. The right to bear arms was a found- Maine if she is prepared to close. Wild and Scenic status to nearly 315 Ms. PINGREE of Maine. Yes. I am ing principle of our democracy, and the miles of its free flowing rivers. It will the last speaker for this side. I will re- second amendment spells out this prin- also guarantee that the ranching fami- serve my time until the gentlewoman lies who have protected this land for ciple in clear, unambiguous language has closed for her side and yielded back generations will continue on, with that requires no clarification or trans- her time. their grazing rights protected from the lation: ‘‘The right of the People to Ms. FOXX. Madam Speaker, I yield free-ranging ORVs which will be re- keep and bear arms shall not be in- myself the balance of my time. stricted to designated roads and trails. fringed.’’ Citizens should not lose this The SPEAKER pro tempore. The gen- The SPEAKER pro tempore. The right just because they are standing or tlewoman is recognized for 4 minutes. time of the gentleman has expired. driving on Federal lands. Ms. FOXX. I must urge my col- Ms. PINGREE of Maine. I yield the It is our responsibility in Congress to leagues to vote ‘‘no’’ on the previous gentleman 15 additional seconds. craft legislation that is in accordance question so that we can amend this Mr. MINNICK. I salute my colleague with the Constitution. And we should rule to restore Americans’ second in the Senate, MIKE CRAPO, who fos- not see cede this responsibility to an amendment rights on public lands and tered a bipartisan collaborative process agenda-driven activist judge. wildlife refuges. In January, with over- of ranchers, public officials, commu- I urge my colleagues to join me in whelming support from both sides of nity leaders and conservationists to upholding and protecting this coun- the aisle, the Federal Government an- preserve our cherished Owyhees. try’s founding document by voting to nounced a commonsense policy to I urge my colleagues to support this restore Americans’ second amendment allow citizens legally to carry con- historic legislation. I support the rule. rights on public lands. cealed firearms in national parks and Ms. FOXX. Madam Speaker, I now ‘‘A well regulated militia, being nec- wildlife refuges in accordance with would like to yield 1 minute to my col- essary to the security of a free state, State law. league from Illinois (Mr. ROSKAM). the right of the people to keep and bear Last week, House and Senate leaders Mr. ROSKAM. Madam Speaker, I arms shall not be infringed.’’ added an amendment, sponsored by thank the gentlelady for yielding. Let us never forget the second Representative JASON ALTMIRE, to the A couple of minutes ago, our friend amendment and its importance. Omnibus Public Lands Management from the other side of the aisle, the Ms. PINGREE of Maine. Madam Act that protects hunting and fishing gentleman from Oregon said, and I Speaker, I reserve my time. on certain parts of Federal land. It wrote it down, ‘‘We need to resist the Ms. FOXX. Madam Speaker, I would clarified that the States have the au- temptation to tinker with this.’’ Wow. like to yield 2 minutes to Mr. NUNES, thority to manage fish and wildlife. In I don’t really have a category for that. the distinguished gentleman from Cali- short, the Altmire amendment made Think about the experience that we’re fornia. certain that Americans kept their sec- coming off of where this body failed to Mr. NUNES. Madam Speaker, around ond amendment right to carry con- properly vet the stimulus package that the world today, more than 1 billion cealed firearms on public land. ends up passing with an 1,100-page thud people do not have access to water. However, in an arbitrary reversal of and all of a sudden people are unable to Conflict rages among populations on sound policy on March 19, a U.S. dis- answer the simple question, did you every continent for the control of this trict judge single-handedly decided to read it or did you not read it? And we vital resource. In the undeveloped block this commonsense policy to have an AIG debacle that has com- world, violence and bloodshed often de- allow citizens to carry concealed fire- pletely confused and created a great termine winners and losers. And, in- arms in national parks and wildlife ref- deal of consternation across the coun- deed, brutal dictators like Robert uges in accordance with State laws. As try. Mugabe have taken water from their Ranking Member HASTINGS said, Nearly half the bills that are being own people as a means of control. ‘‘There is now a giant hole in the Alt- contemplated in this omnibus, Madam Most Americans would never believe mire language.’’ Americans’ constitu- Speaker, have not been contemplated our government is capable of such an tional second amendment rights are by the House, and that is considered act, the intentional drying up of entire again in jeopardy, and I call on the ‘‘tinkering’’? I think that this is acting communities. That is what the San Democrats in charge to amend this as a coequal branch of government. Joaquin River Settlement does to cen- rule so Congress can protect these And we ought not to give up this au- tral California. rights as we were sent here by our con- thority, we ought not to give up this Madam Speaker, the Democrat lead- stituents to do. responsibility, and we need to vote ership in Congress clearly has no inter- For months, Democrats in the House against this rule so that this House can est in the economic prosperity of the and Senate have done everything in do the right thing. San Joaquin Valley and no compassion their power to block the House from Ms. PINGREE of Maine. I reserve my for those suffering due to manmade voting on any amendments to this time. water shortages. enormous 1,200-page, $10 billion bill Ms. FOXX. Madam Speaker, I would This legislation will ensure higher which combines over 160 land bills, now like to yield 2 minutes to our col- unemployment in a region nearing 20 most of which have never had hearings league, Mr. FLEMING, from Louisiana. percent unemployment. The poverty in either the House or the Senate.

VerDate Mar 15 2010 12:18 Aug 01, 2011 Jkt 079102 PO 00000 Frm 00009 Fmt 0688 Sfmt 0634 E:\BR09\H25MR9.000 H25MR9 erowe on DSK5CLS3C1PROD with BOUND RECORD 8592 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 7 March 25, 2009 This bill contains hundreds of mil- largest addition to the nation’s store of dition, the amendment clarifies that the lions of taxpayer dollars in new spend- protected wilderness, now about 107 states retain the authority to manage resi- ing and locks up additional public land million acres, since 1994. dent fish and wildlife. ‘‘The bill has broad bipartisan sup- Encroaching development and the increas- which may have energy resource poten- ing population demand for open space has re- tial. Many of the bills rolled into this port in Congress and the country at sulted the closure of federal lands that were package are controversial and ambig- large. But after surviving a threatened once open to traditional forms of recreation, uous, yet in a series of hasty maneu- filibuster in the Senate in January, it such as hunting and target shooting. Wheth- vers to silence dissent, the Democrats failed by two votes in the House, partly er it is the closure of a trail that served as have worked to marginalize rather for complex parliamentary reasons and the access point for a generations-old hunt- than engage the healthy debate our partly because some House Members ing camp or the closure of large areas to tar- constituents deserve on these bills. felt that not all the measure’s moving get shooting, the sportsman’s way of life has With this new court ruling, Ameri- parts (the bill is really 160 smaller bills been under attack. There are those who would exacerbate this situation by attempt- cans’ second amendment rights would wrapped into one big one) had been ing to use land designations to further close be in jeopardy on all Federal land, in- properly vetted in committee. federal lands to sportsmen. This is why the cluding 2 million new acres of land des- ‘‘This is a defect that afflicts many Altmire amendment is necessary. ignated as ‘‘wilderness areas’’ under omnibus bills. It is also true, however, The Altmire amendment has already been this bill. Today, there are 708 federally that every single provision in the bill applied to the National Landscape Conserva- imposed ‘‘wilderness areas’’ totaling is a product of long and intense nego- tion System Act within S. 22. It is critical to 107 million acres of land in 44 States. If tiations stretching back years on the extend this protection for sportsmen to State and local level, and the product, other areas of the bill, specifically Titles V this bill is enacted, the amount of Fed- and VIII pertaining to Rivers and Trails and eral wilderness areas will exceed the that is, of consensus. National Heritage Areas, respectively. This amount of all developed land in the ‘‘The measure is now back in the is precisely what the Altmire amendment United States. If Congress does not House after a second trip through the would do. take action to protect every Ameri- Senate. It has been approved each step While the NRA takes no position on S. 22 can’s constitutional rights now, it of the way. Its most controversial pro- as a whole, the meaningful protections pro- won’t be long before these rights are in vision for a road through a wildlife ref- vided by the Altmire amendment are critical jeopardy on even more land. uge in Alaska has been revised for the to preserve access for sportsmen and the au- better. It now gives the Secretary of thority of the states to manage resident Madam Speaker, I ask unanimous wildlife populations. For these reasons, we consent to insert the text of the the Interior the power to veto the road support its inclusion in S. 22. amendment and extraneous material if he feels it would cause excessive en- Should you have any questions or need ad- into the RECORD. vironmental damage.’’ ditional information, please do not hesitate The SPEAKER pro tempore. Is there The New York Times closes by say- to contact me directly. objection to the request of the gentle- ing, ‘‘The House should honor all of Sincerely, woman from North Carolina? this work, as well as the country’s need CHRIS W. COX, There was no objection. for protected open space, by approving Executive Director, NRA–ILA. Ms. FOXX. Madam Speaker, I call on this worthy measure.’’ the Democrats in charge to fulfill their This legislation has been through the [From the New York Times, Mar. 25, 2009] House and the Senate numerous times obligation to the American people by A BILL WHOSE TIME HAS COME restoring their second amendment in one form or another. The items in the bill have been thoroughly vetted. Maybe, just maybe, with a little nudge right to carry concealed firearms on from Speaker NANCY PELOSI and other House public lands in accordance with State Most, if not all the House provisions Democrats, Congress will at last push a his- law. have had extensive hearings, com- toric omnibus public lands bill over the fin- I urge my colleagues to defeat the mittee markups and been passed by the ish line, perhaps as early as Wednesday. previous question and defeat the rule. full House. The bill is a bipartisan The bill establishes three new national I yield back the balance of my time. product that contains language sought park units and protects more than 1,000 by Members on both sides of the aisle. miles of ‘‘wild and scenic’’ rivers and Ms. PINGREE of Maine. Madam streams from development. But what makes Speaker, let me be clear on two things. That was reflected in the last week’s suspension vote of 282–144 here in the it a memorable piece of legislation are provi- Nothing in this bill in any way limits sions giving permanent wilderness status— or restricts access as defined by the House. The Senate vote was 77–20. Any the highest layer of protection the law can ADA. Nothing in H.R. 146 changes the changes at this point would require confer—to two million acres of public land in status quo in regards to regulation of that the bill goes back to the Senate, nine states ranging from California and Or- hunting, fishing and recreational ac- where further action is very unlikely. egon to Virginia. tivities in designated areas. It is time to pass this widely supported This would be the largest addition to the nation’s store of protected wilderness—now I would like to enter into the RECORD bipartisan legislation and send it to the White House for the President’s about 107 million acres—since 1994. a letter from the National Rifle Asso- The bill has broad bipartisan support in ciation supporting the Altmire amend- signature. I urge a ‘‘yes’’ vote on the Congress and the country at large. But after ment to the omnibus public land man- previous question and on the rule. surviving a threatened filibuster in the Sen- agement bill. NATIONAL RIFLE ASSOCIATION OF ate in January, it failed by two votes in the AMERICA, INSTITUTE FOR LEGISLA- House—partly for complex parliamentary b 1115 TIVE ACTION, reasons and partly because some House I will also submit for the RECORD a Fairfax, VA, March 10, 2009. members felt that not all of the measure’s full editorial in today’s New York Hon. NANCY PELOSI, moving parts (the bill is really 160 smaller Times, and I would like to read briefly Speaker, House of Representatives, The Capitol, bills wrapped into one big one) had been Washington, DC. properly vetted in committee. from that editorial. Hon. JOHN BOEHNER, This is a defect that afflicts many omnibus ‘‘This bill establishes three new na- Republican Leader, House of Representatives, bills. It is also true, however, that every sin- tional park units and protects more The Capitol, Washington, DC. gle provision in the bill is the product of than 1,000 miles of wild and scenic riv- DEAR SPEAKER PELOSI AND LEADER BOEH- long and intense negotiations stretching ers and streams from development. But NER: On behalf of the National Rifle Associa- back years on the state and local level—the what makes it a memorial piece of leg- tion, I am writing to express our support for product, that is, of consensus. islation are provisions giving perma- the Altmire amendment to S. 22, the Omni- The measure is now back in the House nent wilderness status, the highest bus Public Land Management Act of 2009. after a second trip through the Senate. It has The Altmire amendment would ensure that been improved each step of the way. Its most layer of protection the law can confer, the provisions of S. 22 will not be used to controversial provision—for a road through a to 2 million acres of public land in nine close lands that are currently open to hunt- wildlife refuge in Alaska—has been revised States ranging from California and Or- ing, fishing, trapping, target shooting and for the better; it now gives the secretary of egon to Virginia. This would be the other forms of traditional recreation. In ad- the interior the power to veto the road if he

VerDate Mar 15 2010 12:18 Aug 01, 2011 Jkt 079102 PO 00000 Frm 00010 Fmt 0688 Sfmt 0634 E:\BR09\H25MR9.000 H25MR9 erowe on DSK5CLS3C1PROD with BOUND RECORD March 25, 2009 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 7 8593 feels it would cause excessive environmental Congressional Quarterly’s ‘‘American Con- Omnibus bill. As you know, these amend- damage. gressional Dictionary’’: ‘‘If the previous ments were blocked by you and Democrat The House should honor all this work, as question is defeated, control of debate shifts Members of the Rules Committee. well as the country’s need for protected open to the leading opposition member (usually I regret the inaccurate, false statements space, by approving this worthy measure. the minority Floor Manager) who then man- made about my truthfulness, and that such The material previously referred to ages an hour of debate and may offer a ger- comments were made only after I left the hearing room. But what I most seriously re- by Ms. FOXX is as follows: mane amendment to the pending business.’’ Deschler’s Procedure in the U.S. House of gret is that the Rules Committee under your AMENDMENT TO H. RES. 280 OFFERED BY MS. Representatives, the subchapter titled leadership refused to ensure true access for FOXX OF NORTH CAROLINA ‘‘Amending Special Rules’’ states: ‘‘a refusal the disabled and disabled veterans for public After ‘‘concur in the Senate’’ strike to order the previous question on such a rule lands in the Omnibus bill. ‘‘amendments’’ and insert ‘‘amendment to [a special rule reported from the Committee Sincerely, the title and concur in the Senate amend- on Rules] opens the resolution to amend- DOC HASTINGS, ment to the text with the amendment speci- ment and further debate.’’ (Chapter 21, sec- Ranking Republican Member, fied in section 2’’. tion 21.2) Section 21.3 continues: Upon rejec- House Natural Resources Committee. At the end of the resolution, insert the fol- tion of the motion for the previous question Ms. PINGREE of Maine. Madam lowing: on a resolution reported from the Committee SEC. 2. The amendment to the text referred Speaker, I yield back the balance of on Rules, control shifts to the Member lead- my time and move the previous ques- to in section 1 is as follows: At the end of ing the opposition to the previous question, title XIII, add the following new section (and who may offer a proper amendment or mo- tion on the resolution. conform the table of contents accordingly): tion and who controls the time for debate The SPEAKER pro tempore. The ‘‘SEC. 13007. FIREARMS IN NATIONAL PARKS AND thereon.’’ question is on ordering the previous NATIONAL WILDLIFE REFUGES. Clearly, the vote on the previous question question. ‘‘Except as provided in section 930 of title on a rule does have substantive policy impli- The question was taken; and the 18, United States Code, a person may possess, cations. It is one of the only available tools Speaker pro tempore announced that carry, and transport firearms within a na- for those who oppose the Democratic major- the noes appeared to have it. tional park area or national wildlife refuge ity’s agenda and allows those with alter- area in accordance with the laws of the State Ms. PINGREE of Maine. Madam native views the opportunity to offer an al- Speaker, on that I demand the yeas in which the national park area or national ternative plan. wildlife refuge are, or that portion thereof, is and nays. located’’. CONGRESS OF THE UNITED STATES, The yeas and nays were ordered. HOUSE OF REPRESENTATIVES, The SPEAKER pro tempore. Pursu- The information contained herein was pro- Washington, DC, March 25, 2009. ant to clause 8 of rule XX, further pro- vided by Democratic Minority on multiple Chairwoman LOUISE SLAUGHTER, ceedings on this question will be post- occasions throughout the 109th Congress.) House Rules Committee, poned. THE VOTE ON THE PREVIOUS QUESTION: WHAT Washington, DC. f IT REALLY MEANS DEAR CHAIRWOMAN SLAUGHTER: It is with This vote, the vote on whether to order the deep personal regret that I learned of com- ANNOUNCEMENT BY THE SPEAKER previous question on a special rule, is not ments you made about my truthfulness at PRO TEMPORE merely a procedural vote. A vote against or- yesterday’s Rules Committee hearing in de- The SPEAKER pro tempore. Pursu- scribing the lack of access that disabled dering the previous question is a vote ant to clause 8 of rule XX, the Chair against the Democratic majority agenda and Americans and disabled veterans will have a vote to allow the opposition, at least for on federal lands covered under H.R. 146, the will postpone further proceedings the moment, to offer an alternative plan. It Omnibus Public Lands Management Act of today on motions to suspend the rules is a vote about what the House should be de- 2009. on which a recorded vote or the yeas bating. Having served on the Rules Committee for and nays are ordered, or on which the Mr. Clarence Cannon’s Precedents of the twelve years, I take particular exception to vote incurs objection under clause 6 of House of Representatives, (VI, 308–311) de- the fact you chose to direct your comments rule XX. scribes the vote on the previous question on at me only after I departed the hearing fol- Record votes on postponed questions the rule as ‘‘a motion to direct or control the lowing my appearing before you as a witness will be taken later. consideration of the subject before the House for an hour. If there were doubts about the being made by the Member in charge.’’ To accuracy of what I stated, courtesy and fair f defeat the previous question is to give the play would mean allowing me the oppor- SPECIAL INSPECTOR GENERAL opposition a chance to decide the subject be- tunity to rebut your accusations with the FOR THE TROUBLED ASSET RE- fore the House. Cannon cites the Speaker’s facts. ruling of January 13, 1920, to the effect that The facts show that my amendments to en- LIEF PROGRAM ACT OF 2009 ‘‘the refusal of the House to sustain the de- sure access for the disabled and disabled vet- Mr. MOORE of Kansas. Madam mand for the previous question passes the erans on federal lands in this bill are very Speaker, I move to suspend the rules control of the resolution to the opposition’’ much needed. As written, the Omnibus Lands and pass the Senate bill (S. 383) to in order to offer an amendment. On March Bill prevents and bans public access to fed- amend the Emergency Economic Sta- eral lands in many ways. The recreational 15, 1909, a member of the majority party of- bilization Act of 2008 (division A of fered a rule resolution. The House defeated riding of bicycles and motor bikes is prohib- the previous question and a member of the ited on over 2 million acres of public land. Public Law 110–343) to provide the Spe- opposition rose to a parliamentary inquiry, Wheelchair access to wilderness areas is ef- cial Inspector General with additional asking who was entitled to recognition. fectively banned as well. Federal law does authorities and responsibilities, and for Speaker Joseph G. Cannon (R-Illinois) said: not ensure that wheelchairs capable of use in other purposes. ‘‘The previous question having been refused, outdoor, natural areas are allowed—it only The Clerk read the title of the Senate the gentleman from New York, Mr. Fitz- permits wheelchairs that are ‘‘suitable for bill. gerald, who had asked the gentleman to use in an indoor pedestrian area.’’ Wilderness The text of the Senate bill is as fol- yield to him for an amendment, is entitled to areas and national parks are located out- lows: the first recognition.’’ doors, not indoors. Wheelchairs and similar Because the vote today may look bad for devices that allow the disabled access to out- S. 383 the Democratic majority they will say ‘‘the door, natural areas are not ensured under ex- Be it enacted by the Senate and House of Rep- vote on the previous question is simply a isting law or this Omnibus bill. Further- resentatives of the United States of America in vote on whether to proceed to an immediate more, current federal law expressly says that Congress assembled, vote on adopting the resolution . . . [and] accommodations for wheelchairs or the dis- SECTION 1. SHORT TITLE. has no substantive legislative or policy im- abled in Wilderness areas are not required. This Act may be cited as the ‘‘Special In- plications whatsoever.’’ But that is not what Public lands should be available for public spector General for the Troubled Asset Relief they have always said. Listen to the defini- enjoyment, and that includes for the dis- Program Act of 2009’’. tion of the previous question used in the abled. Yet, true access for disabled veterans SEC. 2. AUDIT AND INVESTIGATION AUTHORI- Floor Procedures Manual published by the and all disabled Americans is not protected TIES. Rules Committee in the 109th Congress, in this Omnibus. I proposed two amendments Section 121 of the Emergency Economic (page 56). Here’s how the Rules Committee to explicitly ensure access for the disabled Stabilization Act of 2008 (division A of Public described the rule using information form and disabled veterans to lands covered in the Law 110–343) is amended—

VerDate Mar 15 2010 12:18 Aug 01, 2011 Jkt 079102 PO 00000 Frm 00011 Fmt 0688 Sfmt 0634 E:\BR09\H25MR9.000 H25MR9 erowe on DSK5CLS3C1PROD with BOUND RECORD 8594 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 7 March 25, 2009 (1) in subsection (c), by adding at the end ‘‘(1) take action to address deficiencies eral for Afghanistan Reconstruction shall be the following: identified by a report or investigation of the a members of the Council of the Inspectors ‘‘(4)(A) Except as provided under subpara- Special Inspector General or other auditor General on Integrity and Efficiency estab- graph (B) and in addition to the duties speci- engaged by the TARP; or lished under section 11 of the Inspector Gen- fied in paragraphs (1), (2), and (3), the Special ‘‘(2) certify to appropriate committees of eral Act of 1978 (5 U.S.C. App.) until the date Inspector General shall have the authority Congress that no action is necessary or ap- of termination of the Office of the Special to conduct, supervise, and coordinate an propriate. Inspector General for Iraq Reconstruction audit or investigation of any action taken ‘‘(g) COOPERATION AND COORDINATION WITH and the Office of the Special Inspector Gen- under this title as the Special Inspector Gen- OTHER ENTITIES.—In carrying out the duties, eral for Afghanistan Reconstruction, respec- eral determines appropriate. responsibilities, and authorities of the Spe- tively. ‘‘(B) Subparagraph (A) shall not apply to cial Inspector General under this section, the The SPEAKER pro tempore. Pursu- any action taken under section 115, 116, 117, Special Inspector General shall work with each of the following entities, with a view ant to the rule, the gentleman from or 125.’’; and Kansas (Mr. MOORE) and the gentleman (2) in subsection (d)— toward avoiding duplication of effort and en- from Minnesota (Mr. PAULSEN) each (A) in paragraph (2), by striking ‘‘sub- suring comprehensive oversight of the Trou- section (c)(1)’’ and inserting ‘‘subsection bled Asset Relief Program through effective will control 20 minutes. The Chair rec- (c)(1) and (4)’’; and cooperation and coordination: ognizes the gentleman from Kansas. (B) by adding at the end the following: ‘‘(1) The Inspector General of the Depart- GENERAL LEAVE ‘‘(3) The Office of the Special Inspector ment of Treasury. Mr. MOORE of Kansas. Madam General for the Troubled Asset Relief Pro- ‘‘(2) The Inspector General of the Federal Speaker, I ask unanimous consent that Deposit Insurance Corporation. gram shall be treated as an office included all Members have 5 legislative days in under section 6(e)(3) of the Inspector General ‘‘(3) The Inspector General of the Securi- ties and Exchange Commission. which to revise and extend their re- Act of 1978 (5 U.S.C. App.) relating to the ex- marks on this legislation and to insert emption from the initial determination of ‘‘(4) The Inspector General of the Federal eligibility by the Attorney General.’’. Reserve Board. extraneous material. ‘‘(5) The Inspector General of the Federal The SPEAKER pro tempore. Is there SEC. 3. PERSONNEL AUTHORITIES. Section 121(e) of the Emergency Economic Housing Finance Board. objection to the request of the gen- Stabilization Act of 2008 (division A of Public ‘‘(6) The Inspector General of any other en- tleman from Kansas? Law 110–343) is amended— tity as appropriate. There was no objection. ‘‘(h) COUNCIL OF THE INSPECTORS GENERAL (1) in paragraph (1)— Mr. MOORE of Kansas. Madam ON INTEGRITY AND EFFICIENCY.—The Special (A) by inserting ‘‘(A)’’ after ‘‘(1)’’; and Speaker, I yield myself as much time Inspector General shall be a member of the (B) by adding at the end the following: Council of the Inspectors General on Integ- as I may consume. ‘‘(B)(i) Subject to clause (ii), the Special We are in a deep and painful eco- Inspector General may exercise the authori- rity and Efficiency established under section 11 of the Inspector General Act of 1978 (5 nomic downturn, the likes of which we ties of subsections (b) through (i) of section haven’t seen in decades. Just last 3161 of title 5, United States Code (without U.S.C. App.) until the date of termination of regard to subsection (a) of that section). the Office of the Special Inspector General month our economy lost over 650,000 ‘‘(ii) In exercising the employment au- for the Troubled Asset Relief Program.’’. jobs for the third straight month, thorities under subsection (b) of section 3161 SEC. 5. REPORTING REQUIREMENTS. bringing the total number of jobs lost of title 5, United States Code, as provided Section 121(i) of the Emergency Economic since December 2007 to 4.4 million. Stabilization Act of 2008 (division A of Public under clause (i) of this subparagraph— That’s more than 11⁄2 times the entire Law 110–343), as redesignated by this Act, is ‘‘(I) the Special Inspector General may not population of my home State of Kan- make any appointment on and after the date amended— (1) in paragraph (1), by striking the first sas. occurring 6 months after the date of enact- But something we should remember, ment of the Special Inspector General for the sentence and inserting ‘‘Not later than 60 Troubled Asset Relief Program Act of 2009; days after the confirmation of the Special Madam Speaker, is our financial sector ‘‘(II) paragraph (2) of that subsection (re- Inspector General, and not later than 30 days must be stabilized and confidence re- lating to periods of appointments) shall not following the end of each fiscal quarter, the stored before we see any economic re- apply; and Special Inspector General shall submit to covery. ‘‘(III) no period of appointment may exceed the appropriate committees of Congress a re- My constituents, like most Ameri- the date on which the Office of the Special port summarizing the activities of the Spe- cans, are anxious and frustrated, and Inspector General terminates under sub- cial Inspector General during that fiscal they deserve the strongest oversight quarter.’’; section (k).’’; and and accountability of how their tax- (2) by adding at the end the following: (2) by redesignating paragraphs (2) and (3) ‘‘(5)(A) Except as provided under subpara- as paragraphs (3) and (4), respectively; payer dollars are spent. graph (B), if an annuitant receiving an annu- (3) by inserting after paragraph (1) the fol- When Congress enacted the Emer- ity from the Civil Service Retirement and lowing: gency Economic Stabilization Act last Disability Fund becomes employed in a posi- ‘‘(2) Not later than September 1, 2009, the October, the new law not only created tion within the Office of the Special Inspec- Special Inspector General shall submit a re- the Troubled Assets Relief Program, or tor General for the Troubled Asset Relief port to Congress assessing use of any funds, TARP, we made sure to include strong Program, his annuity shall continue. An an- to the extent practical, received by a finan- oversight protections for United States nuitant so reemployed shall not be consid- cial institution under the TARP and make taxpayers, such as the creation of the the report available to the public, including ered an employee for purposes of chapter 83 Special Inspector General for TARP or or 84. posting the report on the home page of the ‘‘(B) Subparagraph (A) shall apply to— website of the Special Inspector General SIGTARP. ‘‘(i) not more than 25 employees at any within 24 hours after the submission of the Last month, Mr. Neal Barofsky, the time as designated by the Special Inspector report.’’; and newly appointed SIGTARP, testified General; and (4) by adding at the end the following: before the House Financial Services ‘‘(ii) pay periods beginning after the date ‘‘(5) Except as provided under paragraph Oversight and Investigation Sub- of enactment of the Special Inspector Gen- (3), all reports submitted under this sub- committee. He said that after adding eral for the Troubled Asset Relief Program section shall be available to the public.’’. up all the Federal programs utilizing Act of 2009.’’. SEC. 6. FUNDING OF THE OFFICE OF THE SPE- CIAL INSPECTOR GENERAL. TARP funds, the total amount of SEC. 4. RESPONSE TO AUDITS AND COOPERATION money potentially at risk was approxi- AND COORDINATION WITH OTHER Section 121(j)(1) of the Emergency Eco- ENTITIES. nomic Stabilization Act of 2008 (division A of mately $2.875 trillion. Section 121 of the Emergency Economic Public Law 110–343), as redesignated by this Mr. Barofsky went on to say, ‘‘We Stabilization Act of 2008 (division A of Public Act, is amended by inserting before the pe- stand on the precipice of the largest in- Law 110–343) is amended— riod at the end the following: ‘‘, not later fusion of government funds over the (1) by redesignating subsections (f), (g), and than 7 days after the date of enactment of shortest period of time in our Nation’s (h) as subsections (i), (j), and (k), respec- the Special Inspector General for the Trou- history. History teaches us that an bled Asset Relief Program Act of 2009’’. tively; and outlay of so much money in such a (2) by inserting after subsection (e) the fol- SEC. 7. COUNCIL OF THE INSPECTORS GENERAL lowing: ON INTEGRITY AND EFFICIENCY. short period of time will inevitably ‘‘(f) CORRECTIVE RESPONSES TO AUDIT PROB- The Special Inspector General for Iraq Re- draw those seeking to profit crimi- LEMS.—The Secretary shall— construction and the Special Inspector Gen- nally. We are looking at the potential

VerDate Mar 15 2010 12:18 Aug 01, 2011 Jkt 079102 PO 00000 Frm 00012 Fmt 0688 Sfmt 0634 E:\BR09\H25MR9.000 H25MR9 erowe on DSK5CLS3C1PROD with BOUND RECORD March 25, 2009 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 7 8595 exposure of tens if not hundreds of bil- with legitimate public outrage over the As a new Member, I came to Wash- lions of dollars in taxpayer money lost AIG bonuses and other misbehavior by ington hoping to fix broken policies to fraud. We must be vigilant.’’ TARP recipients, it’s important now that have plagued Congress for far too As chairman of the Oversight and In- more than ever that we approve this bi- long. We have the ability to make that vestigations Subcommittee, I couldn’t partisan bill today so we can send it change, and this bill is a move and a agree more. We must be vigilant to straight to the President’s desk for sig- step in the right direction. It will take protect the United States taxpayers. nature. a bipartisan effort from Congress and I worked with my friend, Ranking I urge my colleagues to support S. the administration, but we must make Member JUDY BIGGERT, as well as Con- 383, and I reserve the balance of my it. gressmen STEVE DRIEHAUS and ERIC time. And along those lines, I want to PAULSEN, and we introduced H.R. 1341, Mr. PAULSEN. Madam Speaker, I thank especially the chairman of the a companion bill to the Senate bill, S. yield myself as much time as I may Oversight and Investigation Sub- 383 we are considering today. The Sen- consume. committee, Congressman MOORE, for ate has already unanimously approved Madam Speaker, I rise in strong sup- his leadership on this issue and bring- this bill twice. Most recently, Senator port of Senate bill 383, the Special In- ing this effort forward in a bipartisan CLAIRE MCCASKILL introduced this leg- spector General for the Troubled Asset basis. islation last month, and the Senate ap- Relief Program Act. I also want to commend the ranking proved the bill the same day. This bi- It is clear that both the Bush and member, Ms. JUDY BIGGERT, for her ef- partisan legislation equips the Obama administrations, as well as Con- forts and leadership as well. I appre- SIGTARP with the tools he needs by, gress, have failed to include adequate ciate their efforts to work together in No. 1, making clear the SIGTARP has oversight of taxpayer dollars being a bipartisan way in crafting this legis- the audit and investigative authority spent through the Troubled Asset Re- lation. over any taxes taken by the TARP pro- lief Program, the TARP bill. And I, of course, want to thank the gram; No. 2, giving the SIGTARP the The lack of oversight and trans- committee staff for their tireless work authority to hire auditors and staff parency are why one of my first votes that they have put on behind the quickly by granting him temporary in Congress as a freshman Member was scenes. They have been an extremely hiring authority; No. 3, requiring the against the release of the additional valuable resource. Treasury Secretary to explain why any $350 billion in TARP bailout spending So, Madam Speaker, the bill we have SIGTARP recommendation is not im- that companies like AIG are currently before us today will help us bring ac- plemented; and, No. 4, mandating that receiving. countability to a program that spends the SIGTARP issue a report no later When Congress is literally spending hundreds and hundreds of billions of than September analyzing how TARP billions and billions of taxpayer dol- dollars of taxpayer money, and I urge funds have been spent to date. lars, it is critical that we have the my colleagues support. American tax- Gene Dodaro from GAO and Professor most stringent oversight and trans- payers deserve no less. Elizabeth Warren from Congressional parency possible. The good news is that Madam Speaker, I reserve the bal- Oversight Panel testified they sup- we have a chance to act on this impor- ance of my time. ported S. 383, and Mr. Barofsky testi- tant issue today. Mr. MOORE of Kansas. Madam fied that he ‘‘desperately needs more The legislation before us gives broad Speaker, I would like to thank Con- hiring flexibility, the type of which is authority for a Special Inspector Gen- gressman PAULSEN for his work as well contained in S. 383.’’ eral to oversee any remaining spending He said, ‘‘Quick passage of this im- on this legislation. I think he is ex- of TARP funds. This bill will provide portant and essential legislation will actly right. We need to pass this on a the Special Inspector General with the allow me to hire rapidly the essential bipartisan basis. authority to conduct, to supervise and personnel to meet the challenges of At this time, Madam Speaker, I yield to coordinate an audit or any inves- providing effective oversight. I believe 2 minutes to the gentlelady from Cali- tigation of any action taken with re- that this bill will help provide the nec- fornia, Congresswoman SPEIER. gard to TARP funds. It also will re- essary resources for us to meet our ob- Ms. SPEIER. Thank you, Mr. Chair- quire the Special Inspector General to ligation to help protect the U.S. tax- man, for your leadership. submit quarterly reports to Congress, payers’ investments.’’ I rise today in support of S. 383 to au- There are additional issues we should while also requiring the Secretary of thorize the Special Inspector General consider, such as CO’s request to hire the Treasury to take action, or certify to hire the essential staff needed to fol- retired annuitants, and other sugges- that no action is necessary, when any low the money and provide account- tions made at our committee markup problems or deficiencies are identified ability for the billions of dollars tax- that we will continue to monitor. I will by the inspector. And of course the bill payers have invested in financial insti- note the amendments offered were also requires that the reports on insti- tutions. well-intended, but they did little other tutions who receive TARP funding be I must say, Madam Speaker, that than give special emphasis to activities posted on the Special Inspector Gen- this particular function is among the already authorized by SIGTARP’s man- eral’s Web site within 24 hours after most critical in government today. Ag- date in current law or as expressed in being submitted to Congress so the gressive and competent oversight is ab- S. 383. public has access to this information as solutely necessary for any of these gov- Conversely, if we included those well. Simply put, this bill represents a ernment programs to operate effec- amendments it would have had the ef- major break from the past. tively. fects of substantially slowing down the Madam Speaker, the American peo- Last year, when the House voted for bill because it would require further ple deserve to know when Washington the Emergency Economic Stabilization action by the Senate. is spending taxpayer dollars, and we Act, I raised concerns about potential Most importantly, I think it’s telling are making every effort with this legis- problems that could hamper TARP. that not one Financial Services Com- lation to ensure that those dollars are Among them, conflicts of interest and mittee member, Republican or Demo- being spent wisely. And while some of a lack of transparency were the most crat, voted against this bill at the us, including me, continue to have seri- serious. I was encouraged that leader- markup. And not one Senator, Repub- ous concerns about the sweeping and ship was committed to keep a close lican or Democrat, voted against this the expanding role of government in- watch on taxpayer money. This bill bill. Protecting taxpayer money should volvement in the private sector, I do honors that commitment. be a nonpartisan effort, and I believe believe that we can all agree today Within weeks of the passage of the this bill keeps with that spirit. that increasing oversight of the money Stabilization Act I had an opportunity In light of the SIGTARP’s testimony that’s currently being spent is the to speak with Gene Dodaro from the and the urgency of his request, and right thing to do. Government Accountability Office and

VerDate Mar 15 2010 12:18 Aug 01, 2011 Jkt 079102 PO 00000 Frm 00013 Fmt 0688 Sfmt 0634 E:\BR09\H25MR9.000 H25MR9 erowe on DSK5CLS3C1PROD with BOUND RECORD 8596 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 7 March 25, 2009 Dr. Elizabeth Warren, Chair of the Con- got a hearing or a markup in the com- plan for the financial industry. During gressional Oversight Panel. Their re- mittee of primary jurisdiction on all of this time, the oversight committee has ports to Congress have been illu- the IGs. This is not a bad piece of legis- documented the accountability and minating in what banks have and have lation, Madam Speaker. It could be transparency shortcomings of the pro- not done with the TARP funds. And better. It would be better if the major- gram. I have asked before and I will both of these individuals have stressed ity did not choose to, in their own ask again: the need for competent and knowledge- words, say that there was not time to What did the American people get or able staff to provide proper oversight. consider these other items. Madam what can they expect to get from the I first met Mr. Neal Barofsky, the Speaker, something cannot arrive from $700 billion rescue plan? Special Inspector General, at a hearing the Senate on February 9 and yet have It is my goal to make sure that the of the Oversight Investigation Sub- to be passed on March 25 because there taxpayers receive meaningful answers committee of the Financial Services was no time. We have had far greater to these questions to make certain Committee, and found his testimony time than we had to do it wrong in the that the money is spent wisely and to and answers to questions to be frank TARP. The speakers on both sides of ensure that waste, fraud and mis- and extremely well thought out. the aisle have made the very valid management is avoided. I am pleased Now, he may ruffle some feathers in point that ‘‘ready, shoot aim’’ was the to support this legislation because I this city that doesn’t like having its mistake of the TARP. have no doubt that such oversight of feathers ruffled, but he is precisely the I don’t believe that this will be an the TARP program will greatly benefit kind of person we need to do that job. impossible situation. What I do believe from these measures to strengthen the TARP Special Inspector General. b 1130 is that the democratic process here in the House has been violated once As Special Inspector General I was disappointed to hear that Mr. again. Perfectly good, by their own Barofsky told our Domestic Policy Barofsky lacked the staff he needed to statement, amendments were sug- Subcommittee earlier this month, oversee such a massive outlay of tax- gested by the Republican minority on more than $300 billion has already been payer money. This bill allows the Spe- the Financial Services Committee. Yet expended. The spending program is up cial Inspector General to hire 25 retired they were rejected, not based on their and running, but the office designed to annuitants. These are people who are merit but based on that it would have oversee this spending has not yet been retired from Federal service but who taken more time. They would have had provided with all of the authority it have the know-how, who have the abil- to send it back to the Senate. The Sen- needs to do this job effectively. These ity and who, frankly, will cost us less ate would have had to have a delibera- are his words. money because we are not paying for tive process. We should not wait a moment longer. the retirement benefits. These employ- Madam Speaker, we are not allowed S. 383 provides this authority. It allows ees are desperately needed, as the arti- here in the House to speak ill of the the SIGTARP to conduct oversight cle in yesterday’s Washington Post Senate—of the other body—or of the over all aspects of the TARP program. provided. President and the Vice President, but I It also grants the SIGTARP the tem- The SPEAKER pro tempore. The think we certainly can speak that, if porary hiring authority needed to time of the gentlewoman has expired. we can be told there is not time to get quickly put in place the staff that the Mr. MOORE of Kansas. I yield an ad- it right, the Senate should be asked, IG needs to conduct critical audits of ditional minute to the gentlewoman. couldn’t they, in fact, be given the the program. Under normal cir- Ms. SPEIER. Madam Speaker, I have time—a day or two or three—to look at cumstances, I would not advocate any spoken with our subcommittee Chair, amendments that we have considered deviation from the normal civil service Mr. MOORE, about the need to give and that have been rejected on time. I hiring process. I would say that is what similar hiring powers to Dr. Warren at know that is not going to happen. I we should follow, but these are any- the Congressional Oversight Panel, and know that this bill will pass either thing but normal circumstances. These soon will introduce legislation author- unanimously or with substantial ap- critical audits and investigation posi- izing that. proval, but this is yet another example tions should be filled right away. I We ask the American people to take of a body who has not recognized that should note that, even with its current a huge leap of faith with us when we a crisis is not an excuse to move legis- modest staff, the SIGTARP has dem- pass the Emergency Economic Sta- lation, no matter how well-intended, onstrated its effectiveness in over- bilization Act. It is imperative that we prematurely or as less than what it seeing the TARP program. protect the taxpayers’ investment by should be. Last month, I wrote to Treasury Sec- providing adequate staffing to conduct I enjoy working with the chairman of retary Geithner, urging him to adopt the vital oversight and accountability the committee. I believe he is a good the recommendations made by Mr. functions. man who wants to increase trans- Barofsky in his initial report to Con- Mr. PAULSEN. Madam Speaker, I parency and oversight. I believe we gress. I asked that all TARP agree- would like to now yield 5 minutes to have missed an opportunity here today ments include language requiring fund- the distinguished ranking member of to do that little bit better that we both ing recipients to provide information the Domestic Policy Subcommittee of promised to do when we were elevated to the SIGTARP and other inspectors the Oversight and Government Reform to these positions. So, Madam Speaker, general to establish internal controls Committee, the gentleman from Cali- I will vote for this bill. I will vote for and to clarify compliance. Impor- fornia (Mr. ISSA), who takes the role of this bill because it is more good than tantly, S. 383 would require the Treas- being a taxpayer watchdog very seri- bad, but it could have been better. ury Secretary to report back to Con- ously and works very hard at that ef- Mr. MOORE of Kansas. Madam gress if any recommendations made by fort. Speaker, I yield 5 minutes to the chair- the SIGTARP are not adopted. Mr. ISSA. Madam Speaker, a good man of the Committee on Oversight I look forward to working together bill is, in fact, not necessarily the and Government Reform, Chairman with Mr. Barofsky and with Secretary democratic process at work. I am dis- TOWNS of New York. Geithner to ensure transparency in the appointed that the majority chose to Mr. TOWNS. Madam Speaker, as TARP program. I believe this legisla- forego oversight committee respon- chairman of the Committee on Over- tion is an important step in restoring sibilities on this TARP IG. sight and Government Reform, I rise in our economy. It will provide greater In an exchange of letters with the support of S. 383, the Special Inspector accountability to the taxpayers who chairman, whom I respect a great deal, General for the Troubled Asset Relief are funding the TARP program, and I we have failed to reconcile that. Al- Program Act of 2009. urge its adoption. though this piece of legislation arrived It has been over 5 months since Con- Let me just say that I want to thank in the House on February 9, it never gress approved the $700 billion rescue all who have worked on this because I

VerDate Mar 15 2010 12:18 Aug 01, 2011 Jkt 079102 PO 00000 Frm 00014 Fmt 0688 Sfmt 0634 E:\BR09\H25MR9.000 H25MR9 erowe on DSK5CLS3C1PROD with BOUND RECORD March 25, 2009 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 7 8597 think this is legislation that is very, this money is spent in appropriate mony about the potential for addi- very important, and I think this is leg- ways. tional waste, additional fraud, addi- islation that is going to help us elimi- We have already set up the Special tional abuse. This ensures we will have nate waste, fraud and abuse. Inspector General, establishing that protection from that. So I ask my col- Mr. PAULSEN. Madam Speaker, I piece of responsibility here, and now leagues to vote in support of this legis- would now like to yield 2 minutes to what we are doing in the context of lation. the distinguished gentleman from the this bill is putting into effect all of the I yield back the balance of my time. measures that are going to ensure the 10th Congressional District from Geor- b 1145 gia (Mr. BROUN). effectiveness of that Special Inspector Mr. BROUN of Georgia. Madam General to make sure that he has the Mr. MOORE of Kansas. Madam Speaker, I rise today because we are, ability to carry out his responsibil- Speaker, I yield myself such time as I once again, considering another legis- ities—to oversee the way in which this may consume. lative cover-up from mistakes that money is being allocated, how it is I want to thank Representative have already been made. being used, what the impact of its use PAULSEN for his contributions here and Last week, Democratic leadership is. None of that was included in that his work on this legislation. here in Congress drove their steamroll TARP bill which the previous Sec- Let me close by urging my colleagues of socialism right over this legislative retary of the Treasury came here and, to support S. 383. I don’t know how body, forcing through an unconstitu- in effect, forced through the Congress. anyone can argue with the fact that tional 90 percent tax targeting AIG em- So this is an essential element here. the United States taxpayers we rep- ployees, but it serves no other purpose This legislation is critically important. resent deserve strong oversight of how than to divert attention from the We need to make certain that these their funds are used, and this bill will truth, the truth that congressional economic circumstances are dealt with do just that. Support this bipartisan leaders made these bonus payments but that they are dealt with respon- bill so we can equip the Special Inspec- possible through a lack of trans- sibly and effectively, and that is what tor General for TARP with the staff parency. this legislation is going to do. I cannot and authority he needs to track the use Today, we are hastily considering an- see any reason why anyone would ob- of TARP funds and limit any waste, other bill with the intention of cor- ject to it, why anyone would put any fraud and abuse in the program. recting a mistake that should not have opposition to it, why anyone would try Mr. ISSA. Madam Speaker, I am dis- been made in the first place. Today’s to slow it down in getting effect. All of appointed that the Majority has unilaterally bill to expand the powers of the TARP this is absolutely essential on behalf of elected to forgo Oversight and Government Inspector General is akin to locking the people of this country. Reform Committee consideration of this legis- the door on the henhouse after the fox We heard some statements being lation, which will affect the billions of dollars has already snuck in, and now the made just a couple of minutes ago disbursed under the troubled asset relief pro- chickens are dead. about money being spent and allega- gram (TARP). Despite the Majority’s pledge of Congress has irresponsibly wasted tions about how that money is too openness and transparency, they have chosen $700 billion of the taxpayers’ money on much. Well, $380 billion, yes, spent by to discharge this legislation from our Com- TARP, selling this plan to the Amer- the previous Secretary of the Treasury mittee and deny the Members of our Com- is much too much. We need to make ican people as a way to free up credit mittee, and the citizens they represent, a voice sure that this is done in the proper markets. But they are not freed up. in this important legislation. way, and that is why this legislation They are still frozen. We were sold a The TARP suffers from a serious lack of needs to be adopted. transparency and accountability. As of Feb- bill of goods, and now we know that Mr. MOORE of Kansas. Madam ruary 6th of this year, the Treasury Depart- the taxpayer-funded TARP program Speaker, we have no more speakers, ment has committed $300 billion in taxpayer lacks transparency and accountability. and we reserve the remainder of our funds to our nation’s financial institutions in Madam Speaker, by now, we should time. anticipate the sly fox’s arrival and Mr. PAULSEN. Madam Speaker, I the form of preferred shares and warrants, start locking—in fact, deadbolting—the yield myself as much time as I may loans and insurance against losses. While the henhouse door before it gets in, not consume. Treasury Department currently monitors ag- after. We have to demand trans- Madam Speaker, again, I came to gregate monthly levels of some banking activi- parency. We have to demand account- Washington with the goal of increasing ties, it does not require any recipient of TARP ability. We are not getting it. The transparency and accountability in the funds to disclose the details of any individual American people should demand that. way that taxpayer dollars are being transaction that the recipient would not have We are spending too much. We are tax- spent. I know many of us share that entered into but for the receipt of TARP ing too much. We are borrowing too goal. Certainly, the subcommittee money. In other words, we do not know much money from the TARP all the chairman does. Unfortunately, it is whether $300 billion of taxpayer money has way to this new budget that has been abundantly clear that the initial TARP changed anyone’s behavior. As a result, nei- proposed that we are going to be con- bailout funding is being spent without ther the Treasury Department, nor Congress, sidering in the very near future. We proper oversight. There is no doubt. nor the general public truly knows the out- have got to stop the steamroll of so- When the Federal Government is lit- come achieved by the injection of taxpayer cialism. erally spending hundreds of billions of funds. Mr. MOORE of Kansas. Madam dollars, it is critical that we have the Given the magnitude of the TARP program Speaker, I yield 2 minutes to the gen- most stringent oversight of that spend- and the critical importance of focused over- tleman from New York (Mr. HINCHEY). ing. That is our obligation to the tax- sight of this program, avoiding consideration of Mr. HINCHEY. Madam Speaker, I payer, especially now when our con- this legislation in an open, bipartisan process, just want to say a few words in favor of stituents are being forced to do much goes against our shared desire to bring trans- what is attempting to be done here in more with much less. They have the parency to this massive expenditure of tax- the context of this bill. absolute right to know that their payer funds. The TARP situation, which, as we re- money—it is their money—is being The House received this legislation on Feb- member, was set up last fall and, in ef- spent properly and wisely. This legisla- ruary 9, 2009. Since that time, the Oversight fect, was rammed through here by the tion will give additional tools to help Committee has had the benefit of hearings, then-Secretary of the Treasury, au- ensure that there is proper tracking, testimony, policy developments, and institu- thorized the expenditure of $700 billion, proper accounting and proper oversight tional action, all of which could improve this and under the last administration, for all the spending of taxpayer dollars legislation. For example, at our hearing on about $380 billion had already been going forward. March 11, ‘‘Peeling Back the TARP: Exposing spent. So what we are trying to do here As the subcommittee chairman Treasury’s Failure to Monitor the Ways Finan- now is to make sure that the rest of knows, in committee, we heard testi- cial Institutions are Using Taxpayer Funds

VerDate Mar 15 2010 12:18 Aug 01, 2011 Jkt 079102 PO 00000 Frm 00015 Fmt 0688 Sfmt 9920 E:\BR09\H25MR9.000 H25MR9 erowe on DSK5CLS3C1PROD with BOUND RECORD 8598 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 7 March 25, 2009 Provided under the Troubled Assets Relief proceedings on this motion will be Langevin Neal (MA) Sherman postponed. Larsen (WA) Oberstar Shuler Program’’, Special Inspector General Barofsky Lee (CA) Obey Sires agreed with the need for greater transparency f Levin Olver Skelton in the TARP program, and Democrats and Re- Lewis (GA) Ortiz Slaughter publicans had suggestions that could have im- Lipinski Pallone Smith (WA) ANNOUNCEMENT BY THE SPEAKER Loebsack Pascrell proved this bill. Snyder PRO TEMPORE Lofgren, Zoe Pastor (AZ) Space For example, if given the opportunity, I The SPEAKER pro tempore. Pursu- Lowey Payne Speier would have offered an amendment to this leg- Luja´ n Perlmutter ant to clause 8 of rule XX, proceedings Spratt islation to deliver true transparency in the Lynch Peters Stark will resume on questions previously Maffei Peterson TARP program, by requiring all data disclosed Stupak postponed. Maloney Pingree (ME) Sutton by TARP recipients to be disclosed in a stand- Markey (CO) Polis (CO) Votes will be taken in the following Tanner ard, consistent, and structured format. This is Markey (MA) Pomeroy Tauscher order: Marshall Price (NC) essential to ensure transparency and account- Taylor Massa Rahall ordering the previous question on H. Teague ability for TARP funds. Without this amend- Matheson Rangel Res. 280, by the yeas and nays; Thompson (CA) Matsui Reichert ment, TARP recipients will be able to continue Thompson (MS) adoption of H. Res. 280, if ordered; McCarthy (NY) Reyes reporting data on how they have used tax- Tierney motion to suspend on S. 383, by the McCollum Richardson Titus payer money received under TARP in any McDermott Rodriguez yeas and nays. Tonko data format they choose, obscuring important McGovern Ross The first electronic vote will be con- Towns information. McIntyre Rothman (NJ) ducted as a 15-minute vote. Remaining Tsongas During a hearing before the Domestic Policy McMahon Roybal-Allard electronic votes will be conducted as 5- McNerney Ruppersberger Van Hollen Subcommittee of the House Oversight Com- Vela´ zquez minute votes. Meek (FL) Rush mittee, Mr. KUCINICH and I pressed the Meeks (NY) Ryan (OH) Visclosky Walz SIGTARP on his ability to sift through the sur- f Melancon Salazar Michaud Sa´ nchez, Linda Wasserman vey responses he has received from TARP re- Schultz PROVIDING FOR CONSIDERATION Miller (NC) T. cipients. We pointed out to him that merely re- Miller, George Sanchez, Loretta Waters lying on ‘‘narrative responses’’ in a non-stand- OF SENATE AMENDMENTS TO Mitchell Schakowsky Watson ard format from banks would not deliver the H.R. 146, OMNIBUS PUBLIC LAND Mollohan Schauer Watt MANAGEMENT ACT OF 2009 Moore (KS) Schiff Waxman kind of transparency and accountability the Moore (WI) Schrader Weiner American people demand. Rather, we have to The SPEAKER pro tempore. The un- Moran (VA) Schwartz Welch insist on access to the raw data in order to finished business is the vote on order- Murphy (CT) Scott (GA) Wexler achieve complete transparency. Mr. Barofsky ing the previous question on House Murphy, Patrick Scott (VA) Wilson (OH) Murtha Serrano Woolsey said that he doesn’t have the resources to sift Resolution 280, on which the yeas and Nadler (NY) Sestak Wu through such data. I agree. However, putting nays were ordered. Napolitano Shea-Porter Yarmuth the data in a standardized and machine-read- The Clerk read the title of the resolu- able format would allow investors, regulators, tion. NAYS—180 and the public to use innovative technology The SPEAKER pro tempore. The Aderholt Dreier LoBiondo Akin Duncan Lucas solutions to sift through these mountains of question is on ordering the previous Alexander Ehlers Luetkemeyer data. question. Austria Emerson Lummis In addition, I would have offered an amend- The vote was taken by electronic de- Bachmann Fallin Lungren, Daniel ment to this legislation that would increase the vice, and there were—yeas 242, nays Bachus Flake E. Barrett (SC) Fleming Mack SIGTARP’s hiring flexibility so that he would 180, not voting 9, as follows: Barrow Forbes Manzullo have sufficient latitude to hire the qualified ex- [Roll No. 150] Bartlett Fortenberry Marchant Barton (TX) Foxx McCarthy (CA) perts he needs. These changes would have YEAS—242 enabled SIGTARP to more effectively execu- Biggert Franks (AZ) McCaul Abercrombie Connolly (VA) Green, Gene Bilbray Frelinghuysen McClintock tive its responsibilities in oversight of the pro- Ackerman Conyers Grijalva Bilirakis Gallegly McCotter gram. Unfortunately, due to the Majority’s sti- Adler (NJ) Cooper Gutierrez Bishop (UT) Garrett (NJ) McHenry fling of debate on this legislation, we will not Altmire Costa Hall (NY) Blackburn Gerlach McHugh Andrews Costello Halvorson Blunt Gingrey (GA) McKeon have the chance to discuss these important Arcuri Courtney Hare Boehner Goodlatte McMorris ideas. Baca Crowley Harman Bonner Granger Rodgers One conclusion we have learned from the Baird Cuellar Hastings (FL) Bono Mack Graves Mica rush to legislate on the TARP, the stimulus Baldwin Cummings Heinrich Boozman Griffith Miller (FL) Bean Davis (AL) Herseth Sandlin Boustany Guthrie Miller (MI) bill, appropriations bills, and various bailouts, Becerra Davis (CA) Higgins Brady (TX) Hall (TX) Minnick is that citizens want expedient, but well con- Berkley Davis (IL) Hill Broun (GA) Harper Moran (KS) sidered, solutions before we act. Unfortu- Berman Davis (TN) Himes Brown (SC) Hastings (WA) Murphy, Tim Berry DeFazio Hinchey Brown-Waite, Heller Myrick nately, yet again, it appears that transparency, Bishop (GA) DeGette Hinojosa Ginny Hensarling Neugebauer oversight, and Member participation have Bishop (NY) Delahunt Hirono Buchanan Herger Nunes taken a back seat to political expediency. Blumenauer DeLauro Hodes Burgess Hoekstra Nye Mr. MOORE of Kansas. I yield back Boccieri Dicks Holden Burton (IN) Hunter Olson Boren Dingell Holt Buyer Inglis Paul the balance of my time. Boswell Doggett Honda Calvert Issa Paulsen The SPEAKER pro tempore. The Boucher Donnelly (IN) Hoyer Camp Jenkins Pence question is on the motion offered by Boyd Doyle Inslee Campbell Johnson (IL) Perriello the gentleman from Kansas (Mr. Brady (PA) Driehaus Israel Cantor Johnson, Sam Petri Braley (IA) Edwards (MD) Jackson (IL) Cao Jones Pitts MOORE) that the House suspend the Bright Edwards (TX) Jackson-Lee Capito Jordan (OH) Platts rules and pass the Senate bill, S. 383. Brown, Corrine Ellison (TX) Carney King (IA) Poe (TX) The question was taken. Butterfield Ellsworth Johnson (GA) Carter King (NY) Posey The SPEAKER pro tempore. In the Capps Eshoo Johnson, E. B. Castle Kingston Price (GA) Capuano Etheridge Kagen Chaffetz Kirk Putnam opinion of the Chair, two-thirds being Cardoza Farr Kanjorski Coble Kirkpatrick (AZ) Radanovich in the affirmative, the ayes have it. Carnahan Fattah Kaptur Cole Kline (MN) Rehberg Mr. MOORE of Kansas. Madam Carson (IN) Filner Kennedy Conaway Kosmas Roe (TN) Castor (FL) Foster Kildee Crenshaw Lamborn Rogers (AL) Speaker, on that I demand the yeas Chandler Frank (MA) Kilpatrick (MI) Culberson Lance Rogers (KY) and nays. Childers Fudge Kilroy Dahlkemper Latham Rogers (MI) The yeas and nays were ordered. Clarke Giffords Kind Davis (KY) LaTourette Rohrabacher The SPEAKER pro tempore. Pursu- Clay Gonzalez Kissell Deal (GA) Latta Rooney Cleaver Gordon (TN) Klein (FL) Dent Lee (NY) Ros-Lehtinen ant to clause 8 of rule XX and the Clyburn Grayson Kratovil Diaz-Balart, L. Lewis (CA) Roskam Chair’s prior announcement, further Cohen Green, Al Kucinich Diaz-Balart, M. Linder Royce

VerDate Mar 15 2010 12:18 Aug 01, 2011 Jkt 079102 PO 00000 Frm 00016 Fmt 0688 Sfmt 0634 E:\BR09\H25MR9.000 H25MR9 erowe on DSK5CLS3C1PROD with BOUND RECORD March 25, 2009 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 7 8599 Ryan (WI) Smith (NE) Turner Lee (CA) Nye Shea-Porter Sessions Stearns Upton Scalise Smith (NJ) Upton Levin Oberstar Sherman Shadegg Stupak Walden Schmidt Smith (TX) Walden Lewis (GA) Obey Shuler Shimkus Sullivan Wamp Schock Souder Wamp Lipinski Olver Sires Shuster Terry Whitfield Sensenbrenner Stearns Whitfield Loebsack Ortiz Skelton Simpson Thompson (PA) Wilson (SC) Sessions Terry Wilson (SC) Lofgren, Zoe Pallone Slaughter Smith (NE) Thornberry Wittman Shadegg Thompson (PA) Wittman Lowey Pascrell Smith (WA) Smith (NJ) Tiahrt Wolf Shimkus Thornberry Wolf Luja´ n Pastor (AZ) Snyder Smith (TX) Tiberi Young (AK) Shuster Tiahrt Young (AK) Souder Turner Young (FL) Lynch Payne Space Simpson Tiberi Young (FL) Maffei Perlmutter Speier NOT VOTING—7 Maloney Perriello Spratt NOT VOTING—9 Markey (CO) Peters Childers Price (GA) Woolsey Stark Cassidy Gohmert Sarbanes Markey (MA) Peterson Engel Sarbanes Sutton Coffman (CO) Larson (CT) Sullivan Marshall Pingree (ME) Miller, Gary Westmoreland Tanner Engel Miller, Gary Westmoreland Massa Polis (CO) Matheson Pomeroy Tauscher ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE Matsui Price (NC) Taylor The SPEAKER pro tempore (during b 1210 Teague McCarthy (NY) Rahall the vote). There are 2 minutes remain- Messrs. WITTMAN, POSEY, BAR- McCollum Rangel Thompson (CA) McDermott Reichert Thompson (MS) ing on this vote. RETT of South Carolina and YOUNG of McGovern Reyes Tierney Alaska changed their vote from ‘‘yea’’ McIntyre Richardson Titus b 1218 to ‘‘nay.’’ McMahon Rodriguez Tonko So the resolution was agreed to. So the previous question was ordered. McNerney Ross Towns Meek (FL) Rothman (NJ) Tsongas The result of the vote was announced The result of the vote was announced Meeks (NY) Roybal-Allard Van Hollen as above recorded. as above recorded. Melancon Ruppersberger Vela´ zquez A motion to reconsider was laid on Stated against: Michaud Rush Visclosky the table. Mr. COFFMAN. Madam Speaker, I was un- Miller (NC) Ryan (OH) Walz Miller, George Salazar Wasserman Stated against: avoidably detained. If I voted, I would have Minnick Sa´ nchez, Linda Schultz Mr. PRICE of Georgia. Mr. Speaker, on roll- voted ‘‘nay.’’ Mitchell T. Waters call No. 151, had I been present, I would have The SPEAKER pro tempore. The Mollohan Sanchez, Loretta Watson Moore (KS) Schakowsky voted ‘‘no.’’ Watt question is on the resolution. Moore (WI) Schauer Waxman The question was taken; and the Moran (VA) Schiff f Speaker pro tempore announced that Murphy (CT) Schrader Weiner Welch SPECIAL INSPECTOR GENERAL the ayes appeared to have it. Murphy, Patrick Schwartz Murtha Scott (GA) Wexler FOR THE TROUBLED ASSET RE- RECORDED VOTE Nadler (NY) Scott (VA) Wilson (OH) LIEF PROGRAM ACT OF 2009 Ms. FOXX. Madam Speaker, I de- Napolitano Serrano Wu Yarmuth mand a recorded vote. Neal (MA) Sestak The SPEAKER pro tempore. The un- A recorded vote was ordered. finished business is the vote on the mo- NOES—177 tion to suspend the rules and pass the The SPEAKER pro tempore. This is a Aderholt Dreier Lucas 5-minute vote. Senate bill, S. 383, on which the yeas Akin Duncan Luetkemeyer and nays were ordered. The vote was taken by electronic de- Alexander Ehlers Lummis vice, and there were—ayes 247, noes 177, Austria Emerson Lungren, Daniel The Clerk read the title of the Senate Bachmann Fallin E. not voting 7, as follows: bill. Bachus Flake Mack The SPEAKER pro tempore. The [Roll No. 151] Barrett (SC) Fleming Manzullo Bartlett Forbes Marchant question is on the motion offered by AYES—247 Barton (TX) Fortenberry McCarthy (CA) the gentleman from Kansas (Mr. Abercrombie Conyers Gutierrez Biggert Foxx McCaul MOORE) that the House suspend the Ackerman Cooper Hall (NY) Bilbray Franks (AZ) McClintock Adler (NJ) Costa Halvorson Bilirakis Frelinghuysen McCotter rules and pass the Senate bill, S. 383. Altmire Costello Hare Bishop (UT) Gallegly McHenry This is a 5-minute vote. Andrews Courtney Harman Blackburn Garrett (NJ) McHugh The vote was taken by electronic de- Arcuri Crowley Hastings (FL) Blunt Gerlach McKeon vice, and there were—yeas 423, nays 0, Baca Cuellar Heinrich Boehner Gingrey (GA) McMorris Baird Cummings Herseth Sandlin Bonner Gohmert Rodgers not voting 8, as follows: Baldwin Dahlkemper Higgins Bono Mack Goodlatte Mica [Roll No. 152] Barrow Davis (AL) Hill Boozman Granger Miller (FL) Bean Davis (CA) Himes Boustany Graves Miller (MI) YEAS—423 Becerra Davis (IL) Hinchey Brady (TX) Guthrie Moran (KS) Abercrombie Blumenauer Capito Berkley Davis (TN) Hinojosa Broun (GA) Hall (TX) Murphy, Tim Ackerman Blunt Capps Berman DeFazio Hirono Brown (SC) Harper Myrick Aderholt Boccieri Capuano Berry DeGette Hodes Brown-Waite, Hastings (WA) Neugebauer Adler (NJ) Boehner Cardoza Bishop (GA) Delahunt Holden Ginny Heller Nunes Akin Bonner Carnahan Bishop (NY) DeLauro Holt Buchanan Hensarling Olson Alexander Bono Mack Carney Blumenauer Dicks Honda Burgess Herger Paul Altmire Boozman Carson (IN) Boccieri Dingell Hoyer Burton (IN) Hoekstra Paulsen Andrews Boren Carter Boren Doggett Inslee Buyer Hunter Pence Arcuri Boswell Cassidy Boswell Doyle Israel Calvert Inglis Petri Austria Boucher Castle Boucher Driehaus Jackson (IL) Camp Issa Pitts Baca Boustany Castor (FL) Boyd Edwards (MD) Jackson-Lee Campbell Jenkins Platts Bachmann Boyd Chaffetz Brady (PA) Edwards (TX) (TX) Cantor Johnson (IL) Poe (TX) Bachus Brady (PA) Chandler Braley (IA) Ellison Johnson (GA) Cao Johnson, Sam Posey Baird Brady (TX) Childers Bright Ellsworth Johnson, E. B. Capito Jones Putnam Baldwin Braley (IA) Clarke Brown, Corrine Eshoo Kagen Carter Jordan (OH) Radanovich Barrett (SC) Bright Clay Butterfield Etheridge Kanjorski Cassidy King (IA) Rehberg Barrow Broun (GA) Cleaver Capps Farr Kaptur Castle King (NY) Roe (TN) Bartlett Brown (SC) Clyburn Capuano Fattah Kennedy Chaffetz Kingston Rogers (AL) Barton (TX) Brown, Corrine Coble Cardoza Filner Kildee Coble Kirk Rogers (KY) Bean Brown-Waite, Coffman (CO) Carnahan Foster Kilpatrick (MI) Coffman (CO) Kirkpatrick (AZ) Rogers (MI) Becerra Ginny Cohen Carney Frank (MA) Kilroy Cole Kline (MN) Rohrabacher Berkley Buchanan Cole Carson (IN) Fudge Kind Conaway Lamborn Rooney Berman Burgess Conaway Castor (FL) Giffords Kissell Crenshaw Lance Ros-Lehtinen Berry Burton (IN) Connolly (VA) Chandler Gonzalez Klein (FL) Culberson Latham Roskam Biggert Butterfield Conyers Clarke Gordon (TN) Kosmas Davis (KY) LaTourette Royce Bilbray Buyer Cooper Clay Grayson Kratovil Deal (GA) Latta Ryan (WI) Bilirakis Calvert Costa Cleaver Green, Al Kucinich Dent Lee (NY) Scalise Bishop (GA) Camp Costello Clyburn Green, Gene Langevin Diaz-Balart, L. Lewis (CA) Schmidt Bishop (NY) Campbell Courtney Cohen Griffith Larsen (WA) Diaz-Balart, M. Linder Schock Bishop (UT) Cantor Crenshaw Connolly (VA) Grijalva Larson (CT) Donnelly (IN) LoBiondo Sensenbrenner Blackburn Cao Crowley

VerDate Mar 15 2010 12:18 Aug 01, 2011 Jkt 079102 PO 00000 Frm 00017 Fmt 0688 Sfmt 0634 E:\BR09\H25MR9.000 H25MR9 erowe on DSK5CLS3C1PROD with BOUND RECORD 8600 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 7 March 25, 2009 Cuellar Jackson-Lee Moran (VA) Speier Tiberi Watson Sec. 1003. Monongahela National Forest bound- Culberson (TX) Murphy (CT) Spratt Tierney Watt ary confirmation. Cummings Jenkins Murphy, Patrick Stark Titus Waxman Sec. 1004. Enhanced Trail Opportunities. Dahlkemper Johnson (GA) Murphy, Tim Stearns Tonko Weiner Davis (AL) Johnson (IL) Murtha Stupak Towns Welch Subtitle B—Virginia Ridge and Valley Davis (CA) Johnson, E. B. Myrick Sullivan Tsongas Wexler Wilderness Davis (IL) Johnson, Sam Nadler (NY) Sutton Turner Whitfield Sec. 1101. Definitions. Davis (KY) Jones Napolitano Tanner Upton Wilson (OH) Sec. 1102. Designation of additional National Jordan (OH) Neal (MA) Tauscher Van Hollen Davis (TN) Wilson (SC) Kagen Neugebauer Taylor Vela´ zquez Forest System land in Jefferson Deal (GA) Wittman DeFazio Kanjorski Nunes Teague Visclosky National Forest as wilderness or a Wolf DeGette Kaptur Nye Terry Walden wilderness study area. Woolsey Delahunt Kennedy Oberstar Thompson (CA) Walz Sec. 1103. Designation of Kimberling Creek Po- Wu DeLauro Kildee Obey Thompson (MS) Wamp tential Wilderness Area, Jefferson Young (AK) Dent Kilpatrick (MI) Olson Thompson (PA) Wasserman Young (FL) National Forest, Virginia. Diaz-Balart, L. Kilroy Olver Thornberry Schultz Sec. 1104. Seng Mountain and Bear Creek Sce- Diaz-Balart, M. Kind Ortiz Tiahrt Waters King (IA) Pallone nic Areas, Jefferson National For- Dicks NOT VOTING—8 est, Virginia. Dingell King (NY) Pascrell Doggett Kingston Pastor (AZ) Engel Price (GA) Westmoreland Sec. 1105. Trail plan and development. Donnelly (IN) Kirk Paul Eshoo Rohrabacher Yarmuth Sec. 1106. Maps and boundary descriptions. Doyle Kirkpatrick (AZ) Paulsen Miller, Gary Sarbanes Sec. 1107. Effective date. Dreier Kissell Payne ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE Subtitle C—Mt. Hood Wilderness, Oregon Driehaus Klein (FL) Pence Duncan Kline (MN) Perlmutter The SPEAKER pro tempore (during Sec. 1201. Definitions. Edwards (MD) Kosmas Perriello Sec. 1202. Designation of wilderness areas. Kratovil Peters the vote). There are 2 minutes remain- Edwards (TX) ing on this vote. Sec. 1203. Designation of streams for wild and Ehlers Kucinich Peterson scenic river protection in the Ellison Lamborn Petri Mount Hood area. Lance Pingree (ME) b 1225 Ellsworth Sec. 1204. Mount Hood National Recreation Emerson Langevin Pitts So (two-thirds being in the affirma- Larsen (WA) Platts Area. Etheridge Larson (CT) Poe (TX) tive) the rules were suspended and the Sec. 1205. Protections for Crystal Springs, Fallin Latham Polis (CO) Farr Senate bill was passed. Upper Big Bottom, and Cultus LaTourette Pomeroy Fattah The result of the vote was announced Creek. Latta Posey Filner Sec. 1206. Land exchanges. Lee (CA) Price (NC) as above recorded. Flake Sec. 1207. Tribal provisions; planning and stud- Lee (NY) Putnam A motion to reconsider was laid on Fleming Levin Radanovich ies. Forbes the table. Lewis (CA) Rahall Subtitle D—Copper Salmon Wilderness, Oregon Fortenberry Stated for: Lewis (GA) Rangel Foster Sec. 1301. Designation of the Copper Salmon Linder Rehberg Mr. PRICE of Georgia. Mr. Speaker, on roll- Foxx Wilderness. Lipinski Reichert call No. 152, had I been present, I would have Frank (MA) Sec. 1302. Wild and Scenic River Designations, LoBiondo Reyes voted ‘‘yea.’’ Franks (AZ) Loebsack Richardson Elk River, Oregon. Frelinghuysen Lofgren, Zoe Rodriguez f Sec. 1303. Protection of tribal rights. Fudge Lowey Roe (TN) Gallegly OMNIBUS PUBLIC LAND Subtitle E—Cascade-Siskiyou National Lucas Rogers (AL) Monument, Oregon Garrett (NJ) Luetkemeyer Rogers (KY) MANAGEMENT ACT OF 2009 Gerlach Luja´ n Rogers (MI) Sec. 1401. Definitions. Giffords Lummis Rooney Mr. RAHALL. Mr. Speaker, pursuant Sec. 1402. Voluntary grazing lease donation Gingrey (GA) Lungren, Daniel Ros-Lehtinen to House Resolution 280, I move to take program. Gohmert E. Roskam Gonzalez from the Speaker’s table the bill (H.R. Sec. 1403. Box R Ranch land exchange. Lynch Ross Sec. 1404. Deerfield land exchange. Goodlatte Mack Rothman (NJ) 146) to establish a battlefield acquisi- Gordon (TN) Maffei Roybal-Allard tion grant program for the acquisition Sec. 1405. Soda Mountain Wilderness. Granger Maloney Royce and protection of nationally significant Sec. 1406. Effect. Graves Manzullo Ruppersberger battlefields and associated sites of the Subtitle F—Owyhee Public Land Management Grayson Marchant Rush Green, Al Markey (CO) Ryan (OH) Revolutionary War and the War of 1812, Sec. 1501. Definitions. Green, Gene Markey (MA) Ryan (WI) and for other purposes, with the Senate Sec. 1502. Owyhee Science Review and Con- Griffith Marshall Salazar amendments thereto, and I have a mo- servation Center. Grijalva ´ Massa Sanchez, Linda tion at the desk. Sec. 1503. Wilderness areas. Guthrie Matheson T. Sec. 1504. Designation of wild and scenic rivers. Gutierrez Matsui Sanchez, Loretta The SPEAKER pro tempore (Mr. Sec. 1505. Land identified for disposal. Hall (NY) McCarthy (CA) Scalise SALAZAR). The Clerk will report the Sec. 1506. Tribal cultural resources. Hall (TX) McCarthy (NY) Schakowsky title of the bill, designate the Senate Sec. 1507. Recreational travel management Halvorson McCaul Schauer Hare McClintock Schiff amendments and designate the motion. plans. Harman McCollum Schmidt The Clerk read the title of the bill. Sec. 1508. Authorization of appropriations. Harper McCotter Schock The text of the Senate amendments Subtitle G—Sabinoso Wilderness, New Mexico Hastings (FL) McDermott Schrader Hastings (WA) McGovern Schwartz is as follows: Sec. 1601. Definitions. Heinrich McHenry Scott (GA) Senate amendments: Sec. 1602. Designation of the Sabinoso Wilder- Heller McHugh Scott (VA) Strike all after the enacting clause and in- ness. Hensarling McIntyre Sensenbrenner sert the following: Subtitle H—Pictured Rocks National Lakeshore Herger McKeon Serrano Wilderness Herseth Sandlin McMahon Sessions SECTION 1. SHORT TITLE; TABLE OF CONTENTS. Higgins McMorris Sestak (a) SHORT TITLE.—This Act may be cited as Sec. 1651. Definitions. Hill Rodgers Shadegg the ‘‘Omnibus Public Land Management Act of Sec. 1652. Designation of Beaver Basin Wilder- Himes McNerney Shea-Porter 2009’’. ness. Hinchey Meek (FL) Sherman (b) TABLE OF CONTENTS.—The table of con- Sec. 1653. Administration. Hinojosa Meeks (NY) Shimkus tents of this Act is as follows: Sec. 1654. Effect. Hirono Melancon Shuler Hodes Mica Shuster Sec. 1. Short title; table of contents. Subtitle I—Oregon Badlands Wilderness Hoekstra Michaud Simpson TITLE I—ADDITIONS TO THE NATIONAL Sec. 1701. Definitions. Holden Miller (FL) Sires WILDERNESS PRESERVATION SYSTEM Sec. 1702. Oregon Badlands Wilderness. Holt Miller (MI) Skelton Honda Miller (NC) Slaughter Subtitle A—Wild Monongahela Wilderness Sec. 1703. Release. Sec. 1704. Land exchanges. Hoyer Miller, George Smith (NE) Sec. 1001. Designation of wilderness, Sec. 1705. Protection of tribal treaty rights. Hunter Minnick Smith (NJ) Monongahela National Forest, Inglis Mitchell Smith (TX) Subtitle J—Spring Basin Wilderness, Oregon Inslee Mollohan Smith (WA) West Virginia. Israel Moore (KS) Snyder Sec. 1002. Boundary adjustment, Laurel Fork Sec. 1751. Definitions. Issa Moore (WI) Souder South Wilderness, Monongahela Sec. 1752. Spring Basin Wilderness. Jackson (IL) Moran (KS) Space National Forest. Sec. 1753. Release.

VerDate Mar 15 2010 12:18 Aug 01, 2011 Jkt 079102 PO 00000 Frm 00018 Fmt 0688 Sfmt 6343 E:\BR09\H25MR9.000 H25MR9 erowe on DSK5CLS3C1PROD with BOUND RECORD March 25, 2009 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 7 8601 Sec. 1754. Land exchanges. Sec. 2203. Management of the Conservation Sec. 3402. Definitions. Sec. 1755. Protection of tribal treaty rights. Area. Sec. 3403. Colorado Northern Front Range Subtitle K—Eastern Sierra and Northern San Sec. 2204. Authorization of appropriations. Mountain Backdrop Study. Gabriel Wilderness, California Subtitle D—Snake River Birds of Prey National TITLE IV—FOREST LANDSCAPE Sec. 1801. Definitions. Conservation Area RESTORATION Sec. 1802. Designation of wilderness areas. Sec. 2301. Snake River Birds of Prey National Sec. 4001. Purpose. Sec. 1803. Administration of wilderness areas. Conservation Area. Sec. 4002. Definitions. Sec. 1804. Release of wilderness study areas. Subtitle E—Dominguez-Escalante National Sec. 4003. Collaborative Forest Landscape Res- Sec. 1805. Designation of wild and scenic rivers. Conservation Area toration Program. Sec. 1806. Bridgeport Winter Recreation Area. Sec. 2401. Definitions. Sec. 4004. Authorization of appropriations. Sec. 1807. Management of area within Hum- Sec. 2402. Dominguez-Escalante National Con- TITLE V—RIVERS AND TRAILS boldt-Toiyabe National Forest. servation Area. Sec. 1808. Ancient Bristlecone Pine Forest. Subtitle A—Additions to the National Wild and Sec. 2403. Dominguez Canyon Wilderness Area. Scenic Rivers System Subtitle L—Riverside County Wilderness, Sec. 2404. Maps and legal descriptions. California Sec. 2405. Management of Conservation Area Sec. 5001. Fossil Creek, Arizona. Sec. 5002. Snake River Headwaters, Wyoming. Sec. 1851. Wilderness designation. and Wilderness. Sec. 1852. Wild and scenic river designations, Sec. 2406. Management plan. Sec. 5003. Taunton River, Massachusetts. Riverside County, California. Sec. 2407. Advisory council. Subtitle B—Wild and Scenic Rivers Studies Sec. 1853. Additions and technical corrections Sec. 2408. Authorization of appropriations. Sec. 5101. Missisquoi and Trout Rivers Study. to Santa Rosa and San Jacinto Subtitle F—Rio Puerco Watershed Management Subtitle C—Additions to the National Trails Mountains National Monument. Program System Subtitle M—Sequoia and Kings Canyon Sec. 2501. Rio Puerco Watershed Management Sec. 5201. Arizona National Scenic Trail. National Parks Wilderness, California Program. Sec. 5202. New England National Scenic Trail. Sec. 1901. Definitions. Subtitle G—Land Conveyances and Exchanges Sec. 5203. Ice Age Floods National Geologic Sec. 1902. Designation of wilderness areas. Sec. 2601. Carson City, Nevada, land convey- Trail. Sec. 1903. Administration of wilderness areas. ances. Sec. 5204. Washington-Rochambeau Revolu- Sec. 1904. Authorization of appropriations. Sec. 2602. Southern Nevada limited transition tionary Route National Historic Subtitle N—Rocky Mountain National Park area conveyance. Trail. Wilderness, Colorado Sec. 2603. Nevada Cancer Institute land con- Sec. 5205. Pacific Northwest National Scenic Sec. 1951. Definitions. veyance. Trail. Sec. 1952. Rocky Mountain National Park Wil- Sec. 2604. Turnabout Ranch land conveyance, Sec. 5206. Trail of Tears National Historic derness, Colorado. Utah. Trail. Sec. 1953. Grand River Ditch and Colorado-Big Sec. 2605. Boy Scouts land exchange, Utah. Subtitle D—National Trail System Amendments Sec. 2606. Douglas County, Washington, land Thompson projects. Sec. 5301. National Trails System willing seller conveyance. Sec. 1954. East Shore Trail Area. authority. Sec. 1955. National forest area boundary ad- Sec. 2607. Twin Falls, Idaho, land conveyance. Sec. 2608. Sunrise Mountain Instant Study Sec. 5302. Revision of feasibility and suitability justments. studies of existing national his- Sec. 1956. Authority to lease Leiffer tract. Area release, Nevada. Sec. 2609. Park City, Utah, land conveyance. toric trails. Subtitle O—Washington County, Utah Sec. 2610. Release of reversionary interest in Sec. 5303. Chisholm Trail and Great Western Sec. 1971. Definitions. certain lands in Reno, Nevada. Trails Studies. Sec. 1972. Wilderness areas. Sec. 2611. Tuolumne Band of Me-Wuk Indians Subtitle E—Effect of Title Sec. 1973. Zion National Park wilderness. of the Tuolumne Rancheria. Sec. 5401. Effect. Sec. 1974. Red Cliffs National Conservation TITLE III—FOREST SERVICE Area. TITLE VI—DEPARTMENT OF THE AUTHORIZATIONS Sec. 1975. Beaver Dam Wash National Con- INTERIOR AUTHORIZATIONS servation Area. Subtitle A—Watershed Restoration and Subtitle A—Cooperative Watershed Management Sec. 1976. Zion National Park wild and scenic Enhancement Program river designation. Sec. 3001. Watershed restoration and enhance- Sec. 6001. Definitions. Sec. 1977. Washington County comprehensive ment agreements. Sec. 6002. Program. travel and transportation man- Subtitle B—Wildland Firefighter Safety Sec. 6003. Effect of subtitle. agement plan. Sec. 3101. Wildland firefighter safety. Sec. 1978. Land disposal and acquisition. Subtitle B—Competitive Status for Federal Sec. 1979. Management of priority biological Subtitle C—Wyoming Range Employees in Alaska areas. Sec. 3201. Definitions. Sec. 6101. Competitive status for certain Federal Sec. 1980. Public purpose conveyances. Sec. 3202. Withdrawal of certain land in the employees in the State of Alaska. Sec. 1981. Conveyance of Dixie National Forest Wyoming range. Subtitle C—Wolf Livestock Loss Demonstration land. Sec. 3203. Acceptance of the donation of valid Project Sec. 1982. Transfer of land into trust for existing mining or leasing rights Sec. 6201. Definitions. Shivwits Band of Paiute Indians. in the Wyoming range. Sec. 6202. Wolf compensation and prevention Sec. 1983. Authorization of appropriations. Subtitle D—Land Conveyances and Exchanges program. TITLE II—BUREAU OF LAND Sec. 3301. Land conveyance to City of Coffman Sec. 6203. Authorization of appropriations. MANAGEMENT AUTHORIZATIONS Cove, Alaska. Subtitle D—Paleontological Resources Subtitle A—National Landscape Conservation Sec. 3302. Beaverhead-Deerlodge National For- Preservation System est land conveyance, Montana. Sec. 3303. Santa Fe National Forest; Pecos Na- Sec. 6301. Definitions. Sec. 2001. Definitions. Sec. 6302. Management. Sec. 2002. Establishment of the National Land- tional Historical Park Land Ex- change. Sec. 6303. Public awareness and education pro- scape Conservation System. gram. Sec. 2003. Authorization of appropriations. Sec. 3304. Santa Fe National Forest Land Con- veyance, New Mexico. Sec. 6304. Collection of paleontological re- Subtitle B—Prehistoric Trackways National Sec. 3305. Kittitas County, Washington, land sources. Monument conveyance. Sec. 6305. Curation of resources. Sec. 2101. Findings. Sec. 3306. Mammoth Community Water District Sec. 6306. Prohibited acts; criminal penalties. Sec. 2102. Definitions. use restrictions. Sec. 6307. Civil penalties. Sec. 2103. Establishment. Sec. 3307. Land exchange, Wasatch-Cache Na- Sec. 6308. Rewards and forfeiture. Sec. 2104. Administration. tional Forest, Utah. Sec. 6309. Confidentiality. Sec. 2105. Authorization of appropriations. Sec. 3308. Boundary adjustment, Frank Church Sec. 6310. Regulations. Subtitle C—Fort Stanton-Snowy River Cave River of No Return Wilderness. Sec. 6311. Savings provisions. National Conservation Area Sec. 3309. Sandia pueblo land exchange tech- Sec. 6312. Authorization of appropriations. nical amendment. Sec. 2201. Definitions. Subtitle E—Izembek National Wildlife Refuge Sec. 2202. Establishment of the Fort Stanton- Subtitle E—Colorado Northern Front Range Land Exchange Snowy River Cave National Con- Study Sec. 6401. Definitions. servation Area. Sec. 3401. Purpose. Sec. 6402. Land exchange.

VerDate Mar 15 2010 12:18 Aug 01, 2011 Jkt 079102 PO 00000 Frm 00019 Fmt 0688 Sfmt 6343 E:\BR09\H25MR9.000 H25MR9 erowe on DSK5CLS3C1PROD with BOUND RECORD 8602 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 7 March 25, 2009 Sec. 6403. King Cove Road. Sec. 7404. St. Augustine 450th Commemoration Sec. 9202. Albuquerque Biological Park, New Sec. 6404. Administration of conveyed lands. Commission. Mexico, title clarification. Sec. 6405. Failure to begin road construction. TITLE VIII—NATIONAL HERITAGE AREAS Sec. 9203. Goleta Water District Water Distribu- Sec. 6406. Expiration of legislative authority. tion System, California. Subtitle A—Designation of National Heritage TITLE VII—NATIONAL PARK SERVICE Areas Subtitle D—San Gabriel Basin Restoration Fund AUTHORIZATIONS Sec. 8001. Sangre de Cristo National Heritage Sec. 9301. Restoration Fund. Subtitle A—Additions to the National Park Area, Colorado. Subtitle E—Lower Colorado River Multi-Species System Sec. 8002. Cache La Poudre River National Her- Conservation Program Sec. 7001. Paterson Great Falls National Histor- itage Area, Colorado. Sec. 9401. Definitions. ical Park, New Jersey. Sec. 8003. South Park National Heritage Area, Sec. 9402. Implementation and water account- Sec. 7002. William Jefferson Clinton Birthplace Colorado. ing. Home National Historic Site. Sec. 8004. Northern Plains National Heritage Sec. 9403. Enforceability of program documents. Sec. 7003. River Raisin National Battlefield Area, North Dakota. Sec. 9404. Authorization of appropriations. Park. Sec. 8005. Baltimore National Heritage Area, Subtitle F—Secure Water Subtitle B—Amendments to Existing Units of the Maryland. Sec. 9501. Findings. National Park System Sec. 8006. Freedom’s Way National Heritage Sec. 9502. Definitions. Sec. 7101. Funding for Keweenaw National His- Area, Massachusetts and New Sec. 9503. Reclamation climate change and torical Park. Hampshire. water program. Sec. 7102. Location of visitor and administrative Sec. 8007. Mississippi Hills National Heritage Sec. 9504. Water management improvement. facilities for Weir Farm National Area. Sec. 9505. Hydroelectric power assessment. Historic Site. Sec. 8008. Mississippi Delta National Heritage Sec. 9506. Climate change and water Sec. 7103. Little River Canyon National Pre- Area. intragovernmental panel. serve boundary expansion. Sec. 8009. Muscle Shoals National Heritage Sec. 9507. Water data enhancement by United Sec. 7104. Hopewell Culture National Historical Area, Alabama. States Geological Survey. Park boundary expansion. Sec. 8010. Kenai Mountains-Turnagain Arm Sec. 9508. National water availability and use Sec. 7105. Jean Lafitte National Historical Park National Heritage Area, Alaska. assessment program. and Preserve boundary adjust- Subtitle B—Studies Sec. 9509. Research agreement authority. Sec. 9510. Effect. ment. Sec. 8101. Chattahoochee Trace, Alabama and Sec. 7106. Minute Man National Historical Georgia. Subtitle G—Aging Infrastructure Park. Sec. 8102. Northern Neck, Virginia. Sec. 9601 Definitions. Sec. 7107. Everglades National Park. Sec. 9602. Guidelines and inspection of project Sec. 7108. Kalaupapa National Historical Park. Subtitle C—Amendments Relating to National Heritage Corridors facilities and technical assistance Sec. 7109. Boston Harbor Islands National to transferred works operating en- Recreation Area. Sec. 8201. Quinebaug and Shetucket Rivers Val- tities. Sec. 7110. Thomas Edison National Historical ley National Heritage Corridor. Sec. 9603. Extraordinary operation and mainte- Park, New Jersey. Sec. 8202. Delaware And Lehigh National Herit- nance work performed by the Sec- Sec. 7111. Women’s Rights National Historical age Corridor. retary. Park. Sec. 8203. Erie Canalway National Heritage Sec. 9604. Relationship to Twenty-First Century Sec. 7112. Martin Van Buren National Historic Corridor. Water Works Act. Site. Sec. 8204. John H. Chafee Blackstone River Sec. 9605. Authorization of appropriations. Valley National Heritage Cor- Sec. 7113. Palo Alto Battlefield National Histor- TITLE X—WATER SETTLEMENTS ical Park. ridor. Subtitle A—San Joaquin River Restoration Sec. 7114. Abraham Lincoln Birthplace Na- Subtitle D—Effect of Title Settlement tional Historical Park. Sec. 8301. Effect on access for recreational ac- PART I—SAN JOAQUIN RIVER RESTORATION Sec. 7115. New River Gorge National River. tivities. Sec. 7116. Technical corrections. SETTLEMENT ACT Sec. 7117. Dayton Aviation Heritage National TITLE IX—BUREAU OF RECLAMATION Sec. 10001. Short title. Historical Park, Ohio. AUTHORIZATIONS Sec. 10002. Purpose. Sec. 7118. Fort Davis National Historic Site. Subtitle A—Feasibility Studies Sec. 10003. Definitions. Subtitle C—Special Resource Studies Sec. 9001. Snake, Boise, and Payette River sys- Sec. 10004. Implementation of settlement. Sec. 10005. Acquisition and disposal of prop- Sec. 7201. Walnut Canyon study. tems, Idaho. erty; title to facilities. Sec. 7202. Tule Lake Segregation Center, Cali- Sec. 9002. Sierra Vista Subwatershed, Arizona. Sec. 9003. San Diego Intertie, California. Sec. 10006. Compliance with applicable law. fornia. Sec. 10007. Compliance with Central Valley Sec. 7203. Estate Grange, St. Croix. Subtitle B—Project Authorizations Project Improvement Act. Sec. 7204. Harriet Beecher Stowe House, Maine. Sec. 9101. Tumalo Irrigation District Water Sec. 10008. No private right of action. Sec. 7205. Shepherdstown battlefield, West Vir- Conservation Project, Oregon. Sec. 10009. Appropriations; Settlement Fund. ginia. Sec. 9102. Madera Water Supply Enhancement Sec. 10010. Repayment contracts and accelera- Sec. 7206. Green McAdoo School, Tennessee. Project, California. tion of repayment of construction Sec. 7207. Harry S Truman Birthplace, Mis- Sec. 9103. Eastern New Mexico Rural Water costs. souri. System project, New Mexico. Sec. 10011. California Central Valley Spring Sec. 7208. Battle of Matewan special resource Sec. 9104. Rancho California Water District Run Chinook salmon. study. project, California. Sec. 7209. Butterfield Overland Trail. PART II—STUDY TO DEVELOP WATER PLAN; Sec. 9105. Jackson Gulch Rehabilitation REPORT Sec. 7210. Cold War sites theme study. Project, Colorado. Sec. 10101. Study to develop water plan; report. Sec. 7211. Battle of Camden, South Carolina. Sec. 9106. Rio Grande Pueblos, New Mexico. ´ Sec. 7212. Fort San Geronimo, Puerto Rico. Sec. 9107. Upper Colorado River endangered PART III—FRIANT DIVISION IMPROVEMENTS Subtitle D—Program Authorizations fish programs. Sec. 10201. Federal facility improvements. Sec. 7301. American Battlefield Protection Pro- Sec. 9108. Santa Margarita River, California. Sec. 10202. Financial assistance for local gram. Sec. 9109. Elsinore Valley Municipal Water Dis- projects. Sec. 7302. Preserve America Program. trict. Sec. 10203. Authorization of appropriations. Sec. 7303. Save America’s Treasures Program. Sec. 9110. North Bay Water Reuse Authority. Subtitle B—Northwestern New Mexico Rural Sec. 7304. Route 66 Corridor Preservation Pro- Sec. 9111. Prado Basin Natural Treatment Sys- Water Projects gram. tem Project, California. Sec. 10301. Short title. Sec. 7305. National Cave and Karst Research Sec. 9112. Bunker Hill Groundwater Basin, Sec. 10302. Definitions. Institute. California. Sec. 10303. Compliance with environmental Subtitle E—Advisory Commissions Sec. 9113. GREAT Project, California. laws. Sec. 9114. Yucaipa Valley Water District, Cali- Sec. 7401. Na Hoa Pili O Kaloko-Honokohau Sec. 10304. No reallocation of costs. fornia. Sec. 10305. Interest rate. Advisory Commission. Sec. 9115. Arkansas Valley Conduit, Colorado. Sec. 7402. Cape Cod National Seashore Advisory PART I—AMENDMENTS TO THE COLORADO RIVER Commission. Subtitle C—Title Transfers and Clarifications STORAGE PROJECT ACT AND PUBLIC LAW 87–483 Sec. 7403. Concessions Management Advisory Sec. 9201. Transfer of McGee Creek pipeline and Sec. 10401. Amendments to the Colorado River Board. facilities. Storage Project Act.

VerDate Mar 15 2010 12:18 Aug 01, 2011 Jkt 079102 PO 00000 Frm 00020 Fmt 0688 Sfmt 6343 E:\BR09\H25MR9.000 H25MR9 erowe on DSK5CLS3C1PROD with BOUND RECORD March 25, 2009 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 7 8603 Sec. 10402. Amendments to Public Law 87–483. Sec. 12302. Purposes. West Virginia are designated as wilderness and Sec. 10403. Effect on Federal water law. Sec. 12303. Definitions. as either a new component of the National Wil- PART II—RECLAMATION WATER SETTLEMENTS Sec. 12304. Integrated coastal and ocean observ- derness Preservation System or as an addition to FUND ing system. an existing component of the National Wilder- Sec. 10501. Reclamation Water Settlements Sec. 12305. Interagency financing and agree- ness Preservation System: Fund. ments. (1) Certain Federal land comprising approxi- Sec. 12306. Application with other laws. mately 5,144 acres, as generally depicted on the PART III—NAVAJO-GALLUP WATER SUPPLY Sec. 12307. Report to Congress. map entitled ‘‘Big Draft Proposed Wilderness’’ PROJECT Sec. 12308. Public-private use policy. and dated March 11, 2008, which shall be known Sec. 10601. Purposes. Sec. 12309. Independent cost estimate. as the ‘‘Big Draft Wilderness’’. Sec. 10602. Authorization of Navajo-Gallup Sec. 12310. Intent of Congress. (2) Certain Federal land comprising approxi- Water Supply Project. Sec. 12311. Authorization of appropriations. mately 11,951 acres, as generally depicted on the Sec. 10603. Delivery and use of Navajo-Gallup Subtitle D—Federal Ocean Acidification map entitled ‘‘Cranberry Expansion Proposed Water Supply Project water. Research and Monitoring Act of 2009 Wilderness’’ and dated March 11, 2008, which Sec. 10604. Project contracts. shall be added to and administered as part of Sec. 12401. Short title. Sec. 10605. Navajo Nation Municipal Pipeline. the Cranberry Wilderness designated by section Sec. 12402. Purposes. Sec. 10606. Authorization of conjunctive use 1(1) of Public Law 97–466 (96 Stat. 2538). Sec. 12403. Definitions. wells. (3) Certain Federal land comprising approxi- Sec. 12404. Interagency subcommittee. Sec. 10607. San Juan River Navajo Irrigation mately 7,156 acres, as generally depicted on the Sec. 12405. Strategic research plan. Projects. map entitled ‘‘Dolly Sods Expansion Proposed Sec. 12406. NOAA ocean acidification activities. Sec. 10608. Other irrigation projects. Wilderness’’ and dated March 11, 2008, which Sec. 10609. Authorization of appropriations. Sec. 12407. NSF ocean acidification activities. shall be added to and administered as part of Sec. 12408. NASA ocean acidification activities. PART IV—NAVAJO NATION WATER RIGHTS the Dolly Sods Wilderness designated by section Sec. 12409. Authorization of appropriations. Sec. 10701. Agreement. 3(a)(13) of Public Law 93–622 (88 Stat. 2098). Sec. 10702. Trust Fund. Subtitle E—Coastal and Estuarine Land (4) Certain Federal land comprising approxi- Sec. 10703. Waivers and releases. Conservation Program mately 698 acres, as generally depicted on the Sec. 10704. Water rights held in trust. Sec. 12501. Short title. map entitled ‘‘Otter Creek Expansion Proposed Subtitle C—Shoshone-Paiute Tribes of the Duck Sec. 12502. Authorization of Coastal and Estua- Wilderness’’ and dated March 11, 2008, which Valley Reservation Water Rights Settlement rine Land Conservation Program. shall be added to and administered as part of Sec. 10801. Findings. TITLE XIII—MISCELLANEOUS the Otter Creek Wilderness designated by sec- tion 3(a)(14) of Public Law 93–622 (88 Stat. Sec. 10802. Purposes. Sec. 13001. Management and distribution of Sec. 10803. Definitions. 2098). North Dakota trust funds. (5) Certain Federal land comprising approxi- Sec. 10804. Approval, ratification, and con- Sec. 13002. Amendments to the Fisheries Res- mately 6,792 acres, as generally depicted on the firmation of agreement; author- toration and Irrigation Mitigation map entitled ‘‘Roaring Plains Proposed Wilder- ization. Act of 2000. ness’’ and dated March 11, 2008, which shall be Sec. 10805. Tribal water rights. Sec. 13003. Amendments to the Alaska Natural known as the ‘‘Roaring Plains West Wilder- Sec. 10806. Duck Valley Indian Irrigation Gas Pipeline Act. ness’’. Project. Sec. 13004. Additional Assistant Secretary for Sec. 10807. Development and Maintenance (6) Certain Federal land comprising approxi- Department of Energy. Funds. mately 6,030 acres, as generally depicted on the Sec. 13005. Lovelace Respiratory Research Insti- Sec. 10808. Tribal waiver and release of claims. map entitled ‘‘Spice Run Proposed Wilderness’’ tute. Sec. 10809. Miscellaneous. and dated March 11, 2008, which shall be known Sec. 13006. Authorization of appropriations for as the ‘‘Spice Run Wilderness’’. TITLE XI—UNITED STATES GEOLOGICAL National Tropical Botanical Gar- SURVEY AUTHORIZATIONS (b) MAPS AND LEGAL DESCRIPTION.— den. (1) FILING AND AVAILABILITY.—As soon as Sec. 11001. Reauthorization of the National TITLE XIV—CHRISTOPHER AND DANA practicable after the date of the enactment of Geologic Mapping Act of 1992. REEVE PARALYSIS ACT this Act, the Secretary of Agriculture, acting Sec. 11002. New Mexico water resources study. Sec. 14001. Short title. through the Chief of the Forest Service, shall TITLE XII—OCEANS file with the Committee on Natural Resources of Subtitle A—Paralysis Research Subtitle A—Ocean Exploration the House of Representatives and the Committee Sec. 14101. Activities of the National Institutes PART I—EXPLORATION on Energy and Natural Resources of the Senate of Health with respect to research a map and legal description of each wilderness Sec. 12001. Purpose. on paralysis. Sec. 12002. Program established. area designated or expanded by subsection (a). Sec. 12003. Powers and duties of the Adminis- Subtitle B—Paralysis Rehabilitation Research The maps and legal descriptions shall be on file trator. and Care and available for public inspection in the office Sec. 12004. Ocean exploration and undersea re- Sec. 14201. Activities of the National Institutes of the Chief of the Forest Service and the office search technology and infrastruc- of Health with respect to research of the Supervisor of the Monongahela National ture task force. with implications for enhancing Forest. Sec. 12005. Ocean Exploration Advisory Board. daily function for persons with (2) FORCE AND EFFECT.—The maps and legal Sec. 12006. Authorization of appropriations. paralysis. descriptions referred to in this subsection shall have the same force and effect as if included in PART II—NOAA UNDERSEA RESEARCH Subtitle C—Improving Quality of Life for Per- this subtitle, except that the Secretary may cor- PROGRAM ACT OF 2009 sons With Paralysis and Other Physical Dis- rect errors in the maps and descriptions. abilities Sec. 12101. Short title. (c) ADMINISTRATION.—Subject to valid existing Sec. 12102. Program established. Sec. 14301. Programs to improve quality of life rights, the Federal lands designated as wilder- Sec. 12103. Powers of program director. for persons with paralysis and ness by subsection (a) shall be administered by Sec. 12104. Administrative structure. other physical disabilities. the Secretary in accordance with the Wilderness Sec. 12105. Research, exploration, education, Act (16 U.S.C. 1131 et seq.). The Secretary may and technology programs. TITLE XV—SMITHSONIAN INSTITUTION continue to authorize the competitive running Sec. 12106. Competitiveness. FACILITIES AUTHORIZATION Sec. 12107. Authorization of appropriations. Sec. 15101. Laboratory and support space, event permitted from 2003 through 2007 in the vi- Edgewater, Maryland. cinity of the boundaries of the Dolly Sods Wil- Subtitle B—Ocean and Coastal Mapping derness addition designated by paragraph (3) of Integration Act Sec. 15102. Laboratory space, Gamboa, Pan- ama. subsection (a) and the Roaring Plains West Wil- Sec. 12201. Short title. Sec. 15103. Construction of greenhouse facility. derness Area designated by paragraph (5) of Sec. 12202. Establishment of program. such subsection, in a manner compatible with TITLE I—ADDITIONS TO THE NATIONAL Sec. 12203. Interagency committee on ocean and the preservation of such areas as wilderness. coastal mapping. WILDERNESS PRESERVATION SYSTEM (d) EFFECTIVE DATE OF WILDERNESS ACT.— Sec. 12204. Biannual reports. Subtitle A—Wild Monongahela Wilderness With respect to the Federal lands designated as Sec. 12205. Plan. SEC. 1001. DESIGNATION OF WILDERNESS, wilderness by subsection (a), any reference in Sec. 12206. Effect on other laws. MONONGAHELA NATIONAL FOREST, the Wilderness Act (16 U.S.C. 1131 et seq.) to the Sec. 12207. Authorization of appropriations. WEST VIRGINIA. effective date of the Wilderness Act shall be Sec. 12208. Definitions. (a) DESIGNATION.—In furtherance of the pur- deemed to be a reference to the date of the en- Subtitle C—Integrated Coastal and Ocean poses of the Wilderness Act (16 U.S.C. 1131 et actment of this Act. Observation System Act of 2009 seq.), the following Federal lands within the (e) FISH AND WILDLIFE.—As provided in sec- Sec. 12301. Short title. Monongahela National Forest in the State of tion 4(d)(7) of the Wilderness Act (16 U.S.C.

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1133(d)(7)), nothing in this section affects the (2) SECRETARY.—The term ‘‘Secretary’’ means 2008, which is incorporated in the Shawvers jurisdiction or responsibility of the State of West the Secretary of Agriculture. Run Wilderness designated by paragraph (4). Virginia with respect to wildlife and fish. SEC. 1102. DESIGNATION OF ADDITIONAL NA- ‘‘(19) Certain land in the Jefferson National SEC. 1002. BOUNDARY ADJUSTMENT, LAUREL TIONAL FOREST SYSTEM LAND IN Forest comprising approximately 1,203 acres, as FORK SOUTH WILDERNESS, JEFFERSON NATIONAL FOREST AS generally depicted on the map entitled ‘Peters MONONGAHELA NATIONAL FOREST. WILDERNESS OR A WILDERNESS Mountain Addition’ and dated April 28, 2008, (a) BOUNDARY ADJUSTMENT.—The boundary STUDY AREA. which is incorporated in the Peters Mountain of the Laurel Fork South Wilderness designated (a) DESIGNATION OF WILDERNESS.—Section 1 Wilderness designated by section 2(7) of the Vir- by section 1(3) of Public Law 97–466 (96 Stat. of Public Law 100–326 (16 U.S.C. 1132 note; 102 ginia Wilderness Act of 1984 (16 U.S.C. 1132 2538) is modified to exclude two parcels of land, Stat. 584, 114 Stat. 2057), is amended— note; Public Law 98–586). as generally depicted on the map entitled (1) in the matter preceding paragraph (1), by ‘‘(20) Certain land in the Jefferson National ‘‘Monongahela National Forest Laurel Fork striking ‘‘System—’’ and inserting ‘‘System:’’; Forest comprising approximately 263 acres, as South Wilderness Boundary Modification’’ and (2) by striking ‘‘certain’’ each place it appears generally depicted on the map entitled dated March 11, 2008, and more particularly de- and inserting ‘‘Certain’’; ‘Kimberling Creek Additions and Potential Wil- scribed according to the site-specific maps and (3) in each of paragraphs (1) through (6), by derness Area’ and dated April 28, 2008, which is legal descriptions on file in the office of the For- striking the semicolon at the end and inserting incorporated in the Kimberling Creek Wilderness est Supervisor, Monongahela National Forest. a period; designated by section 2(2) of the Virginia Wil- (4) in paragraph (7), by striking ‘‘; and’’ and The general map shall be on file and available derness Act of 1984 (16 U.S.C. 1132 note; Public inserting a period; and for public inspection in the Office of the Chief Law 98–586).’’. (5) by adding at the end the following: of the Forest Service. (b) DESIGNATION OF WILDERNESS STUDY ‘‘(9) Certain land in the Jefferson National (b) MANAGEMENT.—Federally owned land de- AREA.—The Virginia Wilderness Act of 1984 (16 Forest comprising approximately 3,743 acres, as lineated on the maps referred to in subsection U.S.C. 1132 note; Public Law 98–586) is amend- generally depicted on the map entitled ‘Brush (a) as the Laurel Fork South Wilderness, as ed— Mountain and Brush Mountain East’ and dated modified by such subsection, shall continue to (1) in the first section, by inserting ‘‘as’’ after May 5, 2008, which shall be known as the be administered by the Secretary of Agriculture ‘‘cited’’; and ‘Brush Mountain East Wilderness’. in accordance with the Wilderness Act (16 (2) in section 6(a)— ‘‘(10) Certain land in the Jefferson National U.S.C. 1131 et seq.). (A) by striking ‘‘certain’’ each place it ap- Forest comprising approximately 4,794 acres, as pears and inserting ‘‘Certain’’; SEC. 1003. MONONGAHELA NATIONAL FOREST generally depicted on the map entitled ‘Brush BOUNDARY CONFIRMATION. (B) in each of paragraphs (1) and (2), by Mountain and Brush Mountain East’ and dated (a) IN GENERAL.—The boundary of the striking the semicolon at the end and inserting May 5, 2008, which shall be known as the Monongahela National Forest is confirmed to a period; ‘Brush Mountain Wilderness’. include the tracts of land as generally depicted (C) in paragraph (3), by striking ‘‘; and’’ and ‘‘(11) Certain land in the Jefferson National on the map entitled ‘‘Monongahela National inserting a period; and Forest comprising approximately 4,223 acres, as Forest Boundary Confirmation’’ and dated (D) by adding at the end the following: generally depicted on the map entitled ‘Seng March 13, 2008, and all Federal lands under the ‘‘(5) Certain land in the Jefferson National Mountain and Raccoon Branch’ and dated jurisdiction of the Secretary of Agriculture, act- Forest comprising approximately 3,226 acres, as April 28, 2008, which shall be known as the ing through the Chief of the Forest Service, en- generally depicted on the map entitled ‘Lynn ‘Raccoon Branch Wilderness’. Camp Creek Wilderness Study Area’ and dated compassed within such boundary shall be man- ‘‘(12) Certain land in the Jefferson National aged under the laws and regulations pertaining April 28, 2008, which shall be known as the Forest comprising approximately 3,270 acres, as ‘Lynn Camp Creek Wilderness Study Area’.’’. to the National Forest System. generally depicted on the map entitled ‘Stone (b) LAND AND WATER CONSERVATION FUND.— SEC. 1103. DESIGNATION OF KIMBERLING CREEK Mountain’ and dated April 28, 2008, which shall For the purposes of section 7 of the Land and POTENTIAL WILDERNESS AREA, JEF- be known as the ‘Stone Mountain Wilderness’. Water Conservation Fund Act of 1965 (16 U.S.C. FERSON NATIONAL FOREST, VIR- ‘‘(13) Certain land in the Jefferson National GINIA. 460l–9), the boundaries of the Monongahela Na- Forest comprising approximately 8,470 acres, as (a) DESIGNATION.—In furtherance of the pur- tional Forest, as confirmed by subsection (a), generally depicted on the map entitled ‘Garden poses of the Wilderness Act (16 U.S.C. 1131 et shall be considered to be the boundaries of the Mountain and Hunting Camp Creek’ and dated seq.), certain land in the Jefferson National For- Monongahela National Forest as of January 1, April 28, 2008, which shall be known as the est comprising approximately 349 acres, as gen- 1965. ‘Hunting Camp Creek Wilderness’. erally depicted on the map entitled ‘‘Kimberling SEC. 1004. ENHANCED TRAIL OPPORTUNITIES. ‘‘(14) Certain land in the Jefferson National Creek Additions and Potential Wilderness Area’’ (a) PLAN.— Forest comprising approximately 3,291 acres, as and dated April 28, 2008, is designated as a po- (1) IN GENERAL.—The Secretary of Agri- generally depicted on the map entitled ‘Garden tential wilderness area for incorporation in the culture, in consultation with interested parties, Mountain and Hunting Camp Creek’ and dated Kimberling Creek Wilderness designated by sec- shall develop a plan to provide for enhanced April 28, 2008, which shall be known as the tion 2(2) of the Virginia Wilderness Act of 1984 nonmotorized recreation trail opportunities on ‘Garden Mountain Wilderness’. (16 U.S.C. 1132 note; Public Law 98–586). lands not designated as wilderness within the ‘‘(15) Certain land in the Jefferson National (b) MANAGEMENT.—Except as provided in sub- Monongahela National Forest. Forest comprising approximately 5,476 acres, as section (c) and subject to valid existing rights, (2) NONMOTORIZED RECREATION TRAIL DE- generally depicted on the map entitled ‘Moun- the Secretary shall manage the potential wilder- FINED.—For the purposes of this subsection, the tain Lake Additions’ and dated April 28, 2008, ness area in accordance with the Wilderness Act term ‘‘nonmotorized recreation trail’’ means a which is incorporated in the Mountain Lake (16 U.S.C. 1131 et seq.). trail designed for hiking, bicycling, and eques- Wilderness designated by section 2(6) of the Vir- (c) ECOLOGICAL RESTORATION.— trian use. ginia Wilderness Act of 1984 (16 U.S.C. 1132 (1) IN GENERAL.—For purposes of ecological EPORT.—Not later than two years after (b) R note; Public Law 98–586). restoration (including the elimination of non- the date of the enactment of this Act, the Sec- ‘‘(16) Certain land in the Jefferson National native species, removal of illegal, unused, or de- retary of Agriculture shall submit to Congress a Forest comprising approximately 308 acres, as commissioned roads, and any other activity nec- report on the implementation of the plan re- generally depicted on the map entitled ‘Lewis essary to restore the natural ecosystems in the quired under subsection (a), including the iden- Fork Addition and Little Wilson Creek Addi- potential wilderness area), the Secretary may tification of priority trails for development. tions’ and dated April 28, 2008, which is incor- use motorized equipment and mechanized trans- (c) CONSIDERATION OF CONVERSION OF FOREST porated in the Lewis Fork Wilderness des- port in the potential wilderness area until the ROADS TO RECREATIONAL USES.—In considering ignated by section 2(3) of the Virginia Wilder- date on which the potential wilderness area is possible closure and decommissioning of a Forest ness Act of 1984 (16 U.S.C. 1132 note; Public Law incorporated into the Kimberling Creek Wilder- Service road within the Monongahela National 98–586). ness. Forest after the date of the enactment of this ‘‘(17) Certain land in the Jefferson National (2) LIMITATION.—To the maximum extent Act, the Secretary of Agriculture, in accordance Forest comprising approximately 1,845 acres, as practicable, the Secretary shall use the minimum with applicable law, may consider converting generally depicted on the map entitled ‘Lewis tool or administrative practice necessary to ac- the road to nonmotorized uses to enhance rec- Fork Addition and Little Wilson Creek Addi- complish ecological restoration with the least reational opportunities within the Monongahela tions’ and dated April 28, 2008, which is incor- amount of adverse impact on wilderness char- National Forest. porated in the Little Wilson Creek Wilderness acter and resources. Subtitle B—Virginia Ridge and Valley designated by section 2(5) of the Virginia Wil- (d) WILDERNESS DESIGNATION.—The potential Wilderness derness Act of 1984 (16 U.S.C. 1132 note; Public wilderness area shall be designated as wilder- SEC. 1101. DEFINITIONS. Law 98–586). ness and incorporated in the Kimberling Creek In this subtitle: ‘‘(18) Certain land in the Jefferson National Wilderness on the earlier of— (1) SCENIC AREAS.—The term ‘‘scenic areas’’ Forest comprising approximately 2,219 acres, as (1) the date on which the Secretary publishes means the Seng Mountain National Scenic Area generally depicted on the map entitled in the Federal Register notice that the condi- and the Bear Creek National Scenic Area. ‘Shawvers Run Additions’ and dated April 28, tions in the potential wilderness area that are

VerDate Mar 15 2010 12:18 Aug 01, 2011 Jkt 079102 PO 00000 Frm 00022 Fmt 0688 Sfmt 6333 E:\BR09\H25MR9.000 H25MR9 erowe on DSK5CLS3C1PROD with BOUND RECORD March 25, 2009 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 7 8605 incompatible with the Wilderness Act (16 U.S.C. (1) to maintain scenic quality; (3) the wilderness study area designated by 1131 et seq.) have been removed; or (2) to prevent tree mortality; section 6(a)(5) of the Virginia Wilderness Act of (2) the date that is 5 years after the date of (3) to reduce hazards to visitors; or 1984 (16 U.S.C. 1132 note; Public Law 98–586) (as enactment of this Act. (4) to protect private land. added by section 1102(b)(2)(D)); and SEC. 1104. SENG MOUNTAIN AND BEAR CREEK (h) VEGETATION MANAGEMENT.—The Sec- (4) the potential wilderness area designated by SCENIC AREAS, JEFFERSON NA- retary may engage in vegetation manipulation section 1103(a). TIONAL FOREST, VIRGINIA. practices in the scenic areas to maintain the vis- (b) FORCE AND EFFECT.—The maps and (a) ESTABLISHMENT.—There are designated as ual quality and wildlife clearings in existence boundary descriptions filed under subsection (a) National Scenic Areas— on the date of enactment of this Act. shall have the same force and effect as if in- (1) certain National Forest System land in the (i) MOTORIZED VEHICLES.— cluded in this subtitle, except that the Secretary Jefferson National Forest, comprising approxi- (1) IN GENERAL.—Except as provided in para- may correct any minor errors in the maps and mately 5,192 acres, as generally depicted on the graph (2), motorized vehicles shall not be al- boundary descriptions. map entitled ‘‘Seng Mountain and Raccoon lowed within the scenic areas. (c) AVAILABILITY OF MAP AND BOUNDARY DE- Branch’’ and dated April 28, 2008, which shall (2) EXCEPTIONS.—The Secretary may author- SCRIPTION.—The maps and boundary descrip- be known as the ‘‘Seng Mountain National Sce- ize the use of motorized vehicles— tions filed under subsection (a) shall be on file nic Area’’; and (A) to carry out administrative activities that and available for public inspection in the Office (2) certain National Forest System land in the further the purposes of the scenic areas, as de- of the Chief of the Forest Service. scribed in subsection (b); Jefferson National Forest, comprising approxi- (d) CONFLICT.—In the case of a conflict be- (B) to assist wildlife management projects in mately 5,128 acres, as generally depicted on the tween a map filed under subsection (a) and the existence on the date of enactment of this Act; map entitled ‘‘Bear Creek’’ and dated April 28, acreage of the applicable areas specified in this and 2008, which shall be known as the ‘‘Bear Creek subtitle, the map shall control. National Scenic Area’’. (C) during deer and bear hunting seasons— SEC. 1107. EFFECTIVE DATE. (b) PURPOSES.—The purposes of the scenic (i) on Forest Development Roads 49410 and areas are— 84b; and Any reference in the Wilderness Act (16 U.S.C. (1) to ensure the protection and preservation (ii) on the portion of Forest Development 1131 et seq.) to the effective date of that Act of scenic quality, water quality, natural charac- Road 6261 designated on the map described in shall be considered to be a reference to the date teristics, and water resources of the scenic subsection (a)(2) as ‘‘open seasonally’’. of enactment of this Act for purposes of admin- areas; (j) WILDFIRE SUPPRESSION.—Wildfire suppres- istering— (2) consistent with paragraph (1), to protect sion within the scenic areas shall be con- (1) the wilderness areas designated by para- wildlife and fish habitat in the scenic areas; ducted— graphs (9) through (20) of section 1 of Public (3) to protect areas in the scenic areas that (1) in a manner consistent with the purposes Law 100–326 (16 U.S.C. 1132 note) (as added by may develop characteristics of old-growth for- of the scenic areas, as described in subsection section 1102(a)(5)); and ests; and (b); and (2) the potential wilderness area designated by (4) consistent with paragraphs (1), (2), and (2) using such means as the Secretary deter- section 1103(a). (3), to provide a variety of recreation opportuni- mines to be appropriate. Subtitle C—Mt. Hood Wilderness, Oregon ties in the scenic areas. (k) WATER.—The Secretary shall administer SEC. 1201. DEFINITIONS. (c) ADMINISTRATION.— the scenic areas in a manner that maintains and (1) IN GENERAL.—The Secretary shall admin- enhances water quality. In this subtitle: ister the scenic areas in accordance with— (l) WITHDRAWAL.—Subject to valid existing (1) SECRETARY.—The term ‘‘Secretary’’ means (A) this subtitle; and rights, all Federal land in the scenic areas is the Secretary of Agriculture. (B) the laws (including regulations) generally withdrawn from— (2) STATE.—The term ‘‘State’’ means the State applicable to the National Forest System. (1) location, entry, and patent under the min- of Oregon. (2) AUTHORIZED USES.—The Secretary shall ing laws; and SEC. 1202. DESIGNATION OF WILDERNESS AREAS. only allow uses of the scenic areas that the Sec- (2) operation of the mineral leasing and geo- (a) DESIGNATION OF LEWIS AND CLARK MOUNT retary determines will further the purposes of thermal leasing laws. HOOD WILDERNESS AREAS.—In accordance with the scenic areas, as described in subsection (b). SEC. 1105. TRAIL PLAN AND DEVELOPMENT. the Wilderness Act (16 U.S.C. 1131 et seq.), the (d) MANAGEMENT PLAN.— (a) TRAIL PLAN.—The Secretary, in consulta- following areas in the State of Oregon are des- (1) IN GENERAL.—Not later than 2 years after tion with interested parties, shall establish a ignated as wilderness areas and as components the date of enactment of this Act, the Secretary trail plan to develop— of the National Wilderness Preservation System: shall develop as an amendment to the land and (1) in a manner consistent with the Wilderness (1) BADGER CREEK WILDERNESS ADDITIONS.— resource management plan for the Jefferson Na- Act (16 U.S.C. 1131 et seq.), hiking and eques- Certain Federal land managed by the Forest tional Forest a management plan for the scenic trian trails in the wilderness areas designated Service, comprising approximately 4,140 acres, areas. by paragraphs (9) through (20) of section 1 of as generally depicted on the maps entitled (2) EFFECT.—Nothing in this subsection re- Public Law 100–326 (16 U.S.C. 1132 note) (as ‘‘Badger Creek Wilderness—Badger Creek Addi- quires the Secretary to revise the land and re- added by section 1102(a)(5)); and tions’’ and ‘‘Badger Creek Wilderness—Bonney source management plan for the Jefferson Na- (2) nonmotorized recreation trails in the scenic Butte’’, dated July 16, 2007, which is incor- tional Forest under section 6 of the Forest and areas. porated in, and considered to be a part of, the Rangeland Renewable Resources Planning Act (b) IMPLEMENTATION REPORT.—Not later than Badger Creek Wilderness, as designated by sec- of 1974 (16 U.S.C. 1604). 2 years after the date of enactment of this Act, tion 3(3) of the Oregon Wilderness Act of 1984 (e) ROADS.— the Secretary shall submit to Congress a report (16 U.S.C. 1132 note; 98 Stat. 273). (1) IN GENERAL.—Except as provided in para- that describes the implementation of the trail (2) BULL OF THE WOODS WILDERNESS ADDI- graph (2), after the date of enactment of this plan, including the identification of priority TION.—Certain Federal land managed by the Act, no roads shall be established or constructed trails for development. Forest Service, comprising approximately 10,180 within the scenic areas. (c) SUSTAINABLE TRAIL REQUIRED.—The Sec- acres, as generally depicted on the map entitled (2) LIMITATION.—Nothing in this subsection retary shall develop a sustainable trail, using a ‘‘Bull of the Woods Wilderness—Bull of the denies any owner of private land (or an interest contour curvilinear alignment, to provide for Woods Additions’’, dated July 16, 2007, which is in private land) that is located in a scenic area nonmotorized travel along the southern bound- incorporated in, and considered to be a part of, the right to access the private land. ary of the Raccoon Branch Wilderness estab- the Bull of the Woods Wilderness, as designated (f) TIMBER HARVEST.— lished by section 1(11) of Public Law 100–326 (16 (1) IN GENERAL.—Except as provided in para- by section 3(4) of the Oregon Wilderness Act of graphs (2) and (3), no harvesting of timber shall U.S.C. 1132 note) (as added by section 1984 (16 U.S.C. 1132 note; 98 Stat. 273). be allowed within the scenic areas. 1102(a)(5)) connecting to Forest Development (3) CLACKAMAS WILDERNESS.—Certain Federal (2) EXCEPTIONS.—The Secretary may author- Road 49352 in Smyth County, Virginia. land managed by the Forest Service, comprising ize harvesting of timber in the scenic areas if the SEC. 1106. MAPS AND BOUNDARY DESCRIPTIONS. approximately 9,470 acres, as generally depicted Secretary determines that the harvesting is nec- (a) IN GENERAL.—As soon as practicable after on the maps entitled ‘‘Clackamas Wilderness— essary to— the date of enactment of this Act, the Secretary Big Bottom’’, ‘‘Clackamas Wilderness— (A) control fire; shall file with the Committee on Energy and Clackamas Canyon’’, ‘‘Clackamas Wilderness— (B) provide for public safety or trail access; or Natural Resources of the Senate and the Com- Memaloose Lake’’, ‘‘Clackamas Wilderness—Sisi (C) control insect and disease outbreaks. mittee on Natural Resources and the Committee Butte’’, and ‘‘Clackamas Wilderness—South (3) FIREWOOD FOR PERSONAL USE.—Firewood on Agriculture of the House of Representatives Fork Clackamas’’, dated July 16, 2007, which may be harvested for personal use along perim- maps and boundary descriptions of— shall be known as the ‘‘Clackamas Wilderness’’. eter roads in the scenic areas, subject to any (1) the scenic areas; (4) MARK O. HATFIELD WILDERNESS ADDI- conditions that the Secretary may impose. (2) the wilderness areas designated by para- TIONS.—Certain Federal land managed by the (g) INSECT AND DISEASE OUTBREAKS.—The graphs (9) through (20) of section 1 of Public Forest Service, comprising approximately 25,960 Secretary may control insect and disease out- Law 100–326 (16 U.S.C. 1132 note) (as added by acres, as generally depicted on the maps entitled breaks— section 1102(a)(5)); ‘‘Mark O. Hatfield Wilderness—Gorge Face’’

VerDate Mar 15 2010 12:18 Aug 01, 2011 Jkt 079102 PO 00000 Frm 00023 Fmt 0688 Sfmt 6333 E:\BR09\H25MR9.000 H25MR9 erowe on DSK5CLS3C1PROD with BOUND RECORD 8606 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 7 March 25, 2009 and ‘‘Mark O. Hatfield Wilderness—Larch (i) designated as wilderness and as a compo- lic Law 98–328), Congress does not intend for Mountain’’, dated July 16, 2007, which is incor- nent of the National Wilderness Preservation designation of wilderness areas in the State porated in, and considered to be a part of, the System; and under this section to lead to the creation of pro- Mark O. Hatfield Wilderness, as designated by (ii) incorporated into the Roaring River Wil- tective perimeters or buffer zones around each section 3(1) of the Oregon Wilderness Act of 1984 derness designated by subsection (a)(6). wilderness area. (16 U.S.C. 1132 note; 98 Stat. 273). (2) ADDITION TO THE MOUNT HOOD WILDER- (2) ACTIVITIES OR USES UP TO BOUNDARIES.— (5) MOUNT HOOD WILDERNESS ADDITIONS.— NESS.—On completion of the land exchange The fact that nonwilderness activities or uses Certain Federal land managed by the Forest under section 1206(a)(2), certain Federal land can be seen or heard from within a wilderness Service, comprising approximately 18,450 acres, managed by the Forest Service, comprising ap- area shall not, of itself, preclude the activities as generally depicted on the maps entitled proximately 1,710 acres, as generally depicted on or uses up to the boundary of the wilderness ‘‘Mount Hood Wilderness—Barlow Butte’’, the map entitled ‘‘Mount Hood Wilderness— area. ‘‘Mount Hood Wilderness—Elk Cove/Mazama’’, Tilly Jane’’, dated July 20, 2007, shall be incor- (g) FISH AND WILDLIFE.—Nothing in this sec- ‘‘Richard L. Kohnstamm Memorial Area’’, porated in, and considered to be a part of, the tion affects the jurisdiction or responsibilities of ‘‘Mount Hood Wilderness—Sand Canyon’’, Mount Hood Wilderness, as designated under the State with respect to fish and wildlife. ‘‘Mount Hood Wilderness—Sandy Additions’’, section 3(a) of the Wilderness Act (16 U.S.C. (h) FIRE, INSECTS, AND DISEASES.—As pro- ‘‘Mount Hood Wilderness—Twin Lakes’’, and 1132(a)) and enlarged by section 3(d) of the En- vided in section 4(d)(1) of the Wilderness Act (16 ‘‘Mount Hood Wilderness—White River’’, dated dangered American Wilderness Act of 1978 (16 U.S.C. 1133(d)(1)), within the wilderness areas July 16, 2007, and the map entitled ‘‘Mount U.S.C. 1132 note; 92 Stat. 43) and subsection designated by this section, the Secretary that Hood Wilderness—Cloud Cap’’, dated July 20, (a)(5). has jurisdiction over the land within the wilder- ness (referred to in this subsection as the ‘‘Sec- 2007, which is incorporated in, and considered (3) ADDITION TO THE SALMON-HUCKLEBERRY retary’’) may take such measures as are nec- to be a part of, the Mount Hood Wilderness, as WILDERNESS.—On acquisition by the United designated under section 3(a) of the Wilderness States, the approximately 160 acres of land iden- essary to control fire, insects, and diseases, sub- Act (16 U.S.C. 1132(a)) and enlarged by section tified as ‘‘Land to be acquired by USFS’’ on the ject to such terms and conditions as the Sec- 3(d) of the Endangered American Wilderness Act map entitled ‘‘Hunchback Mountain Land Ex- retary determines to be desirable and appro- of 1978 (16 U.S.C. 1132 note; 92 Stat. 43). change, Clackamas County’’, dated June 2006, priate. (i) WITHDRAWAL.—Subject to valid rights in (6) ROARING RIVER WILDERNESS.—Certain Fed- shall be incorporated in, and considered to be a existence on the date of enactment of this Act, eral land managed by the Forest Service, com- part of, the Salmon-Huckleberry Wilderness, as the Federal land designated as wilderness by prising approximately 36,550 acres, as generally designated by section 3(2) of the Oregon Wilder- depicted on the map entitled ‘‘Roaring River this section is withdrawn from all forms of— ness Act of 1984 (16 U.S.C. 1132 note; 98 Stat. (1) entry, appropriation, or disposal under the Wilderness—Roaring River Wilderness’’, dated 273) and enlarged by subsection (a)(7). July 16, 2007, which shall be known as the public land laws; (d) MAPS AND LEGAL DESCRIPTIONS.— (2) location, entry, and patent under the min- ‘‘Roaring River Wilderness’’. (1) IN GENERAL.—As soon as practicable after ing laws; and (7) SALMON-HUCKLEBERRY WILDERNESS ADDI- the date of enactment of this Act, the Secretary (3) disposition under all laws pertaining to TIONS.—Certain Federal land managed by the shall file a map and a legal description of each mineral and geothermal leasing or mineral mate- Forest Service, comprising approximately 16,620 wilderness area and potential wilderness area rials. acres, as generally depicted on the maps entitled designated by this section, with— ‘‘Salmon-Huckleberry Wilderness—Alder Creek SEC. 1203. DESIGNATION OF STREAMS FOR WILD (A) the Committee on Energy and Natural Re- AND SCENIC RIVER PROTECTION IN Addition’’, ‘‘Salmon-Huckleberry Wilderness— sources of the Senate; and THE MOUNT HOOD AREA. Eagle Creek Addition’’, ‘‘Salmon-Huckleberry (B) the Committee on Natural Resources of the (a) WILD AND SCENIC RIVER DESIGNATIONS, Wilderness—Hunchback Mountain’’, ‘‘Salmon- House of Representatives. MOUNT HOOD NATIONAL FOREST.— Huckleberry Wilderness—Inch Creek’’, ‘‘Salm- (2) FORCE OF LAW.—The maps and legal de- (1) IN GENERAL.—Section 3(a) of the Wild and on-Huckleberry Wilderness—Mirror Lake’’, and scriptions filed under paragraph (1) shall have Scenic Rivers Act (16 U.S.C. 1274(a)) is amended ‘‘Salmon-Huckleberry Wilderness—Salmon River the same force and effect as if included in this by adding at the end the following: Meadows’’, dated July 16, 2007, which is incor- subtitle, except that the Secretary may correct ‘‘(171) SOUTH FORK CLACKAMAS RIVER, OR- porated in, and considered to be a part of, the typographical errors in the maps and legal de- EGON.—The 4.2-mile segment of the South Fork Salmon-Huckleberry Wilderness, as designated scriptions. Clackamas River from its confluence with the by section 3(2) of the Oregon Wilderness Act of (3) PUBLIC AVAILABILITY.—Each map and East Fork of the South Fork Clackamas to its 1984 (16 U.S.C. 1132 note; 98 Stat. 273). legal description filed under paragraph (1) shall confluence with the Clackamas River, to be ad- (8) LOWER WHITE RIVER WILDERNESS.—Certain be on file and available for public inspection in ministered by the Secretary of Agriculture as a Federal land managed by the Forest Service and the appropriate offices of the Forest Service and wild river. Bureau of Land Management, comprising ap- Bureau of Land Management. ‘‘(172) EAGLE CREEK, OREGON.—The 8.3-mile proximately 2,870 acres, as generally depicted on (4) DESCRIPTION OF LAND.—The boundaries of segment of Eagle Creek from its headwaters to the map entitled ‘‘Lower White River Wilder- the areas designated as wilderness by subsection the Mount Hood National Forest boundary, to ness—Lower White River’’, dated July 16, 2007, (a) that are immediately adjacent to a utility be administered by the Secretary of Agriculture which shall be known as the ‘‘Lower White right-of-way or a Federal Energy Regulatory as a wild river. River Wilderness’’. Commission project boundary shall be 100 feet ‘‘(173) MIDDLE FORK HOOD RIVER.—The 3.7- (b) RICHARD L. KOHNSTAMM MEMORIAL from the boundary of the right-of-way or the mile segment of the Middle Fork Hood River AREA.—Certain Federal land managed by the project boundary. from the confluence of Clear and Coe Branches Forest Service, as generally depicted on the map to the north section line of section 11, township (e) ADMINISTRATION.— entitled ‘‘Richard L. Kohnstamm Memorial 1 south, range 9 east, to be administered by the (1) IN GENERAL.—Subject to valid existing Area’’, dated July 16, 2007, is designated as the rights, each area designated as wilderness by Secretary of Agriculture as a scenic river. ‘‘Richard L. Kohnstamm Memorial Area’’. ‘‘(174) SOUTH FORK ROARING RIVER, OREGON.— this section shall be administered by the Sec- (c) POTENTIAL WILDERNESS AREA; ADDITIONS The 4.6-mile segment of the South Fork Roaring retary that has jurisdiction over the land within TO WILDERNESS AREAS.— River from its headwaters to its confluence with the wilderness, in accordance with the Wilder- (1) ROARING RIVER POTENTIAL WILDERNESS Roaring River, to be administered by the Sec- ness Act (16 U.S.C. 1131 et seq.), except that— AREA.— retary of Agriculture as a wild river. (A) any reference in that Act to the effective (A) IN GENERAL.—In furtherance of the pur- ‘‘(175) ZIG ZAG RIVER, OREGON.—The 4.3-mile poses of the Wilderness Act (16 U.S.C. 1131 et date shall be considered to be a reference to the segment of the Zig Zag River from its head- seq.), certain Federal land managed by the For- date of enactment of this Act; and waters to the Mount Hood Wilderness boundary, est Service, comprising approximately 900 acres (B) any reference in that Act to the Secretary to be administered by the Secretary of Agri- identified as ‘‘Potential Wilderness’’ on the map of Agriculture shall be considered to be a ref- culture as a wild river. entitled ‘‘Roaring River Wilderness’’, dated July erence to the Secretary that has jurisdiction ‘‘(176) FIFTEENMILE CREEK, OREGON.— 16, 2007, is designated as a potential wilderness over the land within the wilderness. ‘‘(A) IN GENERAL.—The 11.1-mile segment of area. (2) INCORPORATION OF ACQUIRED LAND AND IN- Fifteenmile Creek from its source at Senecal (B) MANAGEMENT.—The potential wilderness TERESTS.—Any land within the boundary of a Spring to the southern edge of the northwest area designated by subparagraph (A) shall be wilderness area designated by this section that quarter of the northwest quarter of section 20, managed in accordance with section 4 of the is acquired by the United States shall— township 2 south, range 12 east, to be adminis- Wilderness Act (16 U.S.C. 1133). (A) become part of the wilderness area in tered by the Secretary of Agriculture in the fol- (C) DESIGNATION AS WILDERNESS.—On the date which the land is located; and lowing classes: on which the Secretary publishes in the Federal (B) be managed in accordance with this sec- ‘‘(i) The 2.6-mile segment from its source at Register notice that the conditions in the poten- tion, the Wilderness Act (16 U.S.C. 1131 et seq.), Senecal Spring to the Badger Creek Wilderness tial wilderness area designated by subparagraph and any other applicable law. boundary, as a wild river. (A) are compatible with the Wilderness Act (16 (f) BUFFER ZONES.— ‘‘(ii) The 0.4-mile segment from the Badger U.S.C. 1131 et seq.), the potential wilderness (1) IN GENERAL.—As provided in the Oregon Creek Wilderness boundary to the point 0.4 shall be— Wilderness Act of 1984 (16 U.S.C. 1132 note; Pub- miles downstream, as a scenic river.

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‘‘(iii) The 7.9-mile segment from the point 0.4 file and available for public inspection in the (1) ESTABLISHMENT.— miles downstream of the Badger Creek Wilder- appropriate offices of the Forest Service. (A) IN GENERAL.—On completion of the land ness boundary to the western edge of section 20, (d) ADMINISTRATION.— exchange under section 1206(a)(2), there shall be township 2 south, range 12 east as a wild river. (1) IN GENERAL.—The Secretary shall— established a special resources management unit ‘‘(iv) The 0.2-mile segment from the western (A) administer the Mount Hood National in the State consisting of certain Federal land edge of section 20, township 2 south, range 12 Recreation Area— managed by the Forest Service, as generally de- east, to the southern edge of the northwest (i) in accordance with the laws (including reg- picted on the map entitled ‘‘Crystal Springs Wa- quarter of the northwest quarter of section 20, ulations) and rules applicable to the National tershed Special Resources Management Unit’’, township 2 south, range 12 east as a scenic Forest System; and dated June 2006 (referred to in this subsection as (ii) consistent with the purposes described in river. the ‘‘map’’), to be known as the ‘‘Crystal subsection (a); and ‘‘(B) INCLUSIONS.—Notwithstanding section Springs Watershed Special Resources Manage- (B) only allow uses of the Mount Hood Na- 3(b), the lateral boundaries of both the wild ment Unit’’ (referred to in this subsection as the tional Recreation Area that are consistent with river area and the scenic river area along ‘‘Management Unit’’). the purposes described in subsection (a). Fifteenmile Creek shall include an average of (B) EXCLUSION OF CERTAIN LAND.—The Man- (2) APPLICABLE LAW.—Any portion of a wil- not more than 640 acres per mile measured from derness area designated by section 1202 that is agement Unit does not include any National the ordinary high water mark on both sides of located within the Mount Hood National Recre- Forest System land otherwise covered by sub- the river. ation Area shall be administered in accordance paragraph (A) that is designated as wilderness ‘‘(177) EAST FORK HOOD RIVER, OREGON.—The with the Wilderness Act (16 U.S.C. 1131 et seq.). by section 1202. 13.5-mile segment of the East Fork Hood River (e) TIMBER.—The cutting, sale, or removal of (C) WITHDRAWAL.— from Oregon State Highway 35 to the Mount timber within the Mount Hood National Recre- (i) IN GENERAL.—Subject to valid rights in ex- Hood National Forest boundary, to be adminis- ation Area may be permitted— istence on the date of enactment of this Act, the tered by the Secretary of Agriculture as a rec- (1) to the extent necessary to improve the Federal land designated as the Management reational river. health of the forest in a manner that— Unit is withdrawn from all forms of— ‘‘(178) COLLAWASH RIVER, OREGON.—The 17.8- (A) maximizes the retention of large trees— (I) entry, appropriation, or disposal under the mile segment of the Collawash River from the (i) as appropriate to the forest type; and public land laws; headwaters of the East Fork Collawash to the (ii) to the extent that the trees promote stands (II) location, entry, and patent under the confluence of the mainstream of the Collawash that are fire-resilient and healthy; mining laws; and River with the Clackamas River, to be adminis- (B) improves the habitats of threatened, en- (III) disposition under all laws pertaining to tered by the Secretary of Agriculture in the fol- dangered, or sensitive species; or mineral and geothermal leasing or mineral mate- lowing classes: (C) maintains or restores the composition and rials. ‘‘(A) The 11.0-mile segment from the head- structure of the ecosystem by reducing the risk (ii) EXCEPTION.—Clause (i)(I) does not apply waters of the East Fork Collawash River to of uncharacteristic wildfire; to the parcel of land generally depicted as ‘‘HES Buckeye Creek, as a scenic river. (2) to accomplish an approved management 151’’ on the map. ‘‘(B) The 6.8-mile segment from Buckeye Creek activity in furtherance of the purposes estab- (2) PURPOSES.—The purposes of the Manage- to the Clackamas River, as a recreational river. lished by this section, if the cutting, sale, or re- ment Unit are— ‘‘(179) FISH CREEK, OREGON.—The 13.5-mile moval of timber is incidental to the management (A) to ensure the protection of the quality and segment of Fish Creek from its headwaters to activity; or quantity of the Crystal Springs watershed as a the confluence with the Clackamas River, to be (3) for de minimus personal or administrative clean drinking water source for the residents of administered by the Secretary of Agriculture as use within the Mount Hood National Recreation Hood River County, Oregon; and a recreational river.’’. Area, where such use will not impair the pur- (B) to allow visitors to enjoy the special sce- (2) EFFECT.—The amendments made by para- poses established by this section. nic, natural, cultural, and wildlife values of the graph (1) do not affect valid existing water (f) ROAD CONSTRUCTION.—No new or tem- Crystal Springs watershed. rights. porary roads shall be constructed or recon- (3) MAP AND LEGAL DESCRIPTION.— (b) PROTECTION FOR HOOD RIVER, OREGON.— structed within the Mount Hood National (A) SUBMISSION OF LEGAL DESCRIPTION.—As Section 13(a)(4) of the ‘‘Columbia River Gorge Recreation Area except as necessary— soon as practicable after the date of enactment National Scenic Area Act’’ (16 U.S.C. 544k(a)(4)) (1) to protect the health and safety of individ- of this Act, the Secretary shall file a map and a is amended by striking ‘‘for a period not to ex- uals in cases of an imminent threat of flood, legal description of the Management Unit ceed twenty years from the date of enactment of fire, or any other catastrophic event that, with- with— this Act,’’. out intervention, would cause the loss of life or (i) the Committee on Energy and Natural Re- SEC. 1204. MOUNT HOOD NATIONAL RECREATION property; sources of the Senate; and AREA. (2) to conduct environmental cleanup required (ii) the Committee on Natural Resources of the (a) DESIGNATION.—To provide for the protec- by the United States; House of Representatives. tion, preservation, and enhancement of rec- (3) to allow for the exercise of reserved or out- (B) FORCE OF LAW.—The map and legal de- reational, ecological, scenic, cultural, water- standing rights provided for by a statute or scription filed under subparagraph (A) shall shed, and fish and wildlife values, there is es- treaty; have the same force and effect as if included in (4) to prevent irreparable resource damage by tablished the Mount Hood National Recreation this subtitle, except that the Secretary may cor- an existing road; or rect typographical errors in the map and legal Area within the Mount Hood National Forest. (5) to rectify a hazardous road condition. description. (b) BOUNDARY.—The Mount Hood National (g) WITHDRAWAL.—Subject to valid existing UBLIC AVAILABILITY.—The map and legal Recreation Area shall consist of certain Federal rights, all Federal land within the Mount Hood (C) P description filed under subparagraph (A) shall land managed by the Forest Service and Bureau National Recreation Area is withdrawn from— of Land Management, comprising approximately (1) all forms of entry, appropriation, or dis- be on file and available for public inspection in 34,550 acres, as generally depicted on the maps posal under the public land laws; the appropriate offices of the Forest Service. entitled ‘‘National Recreation Areas—Mount (2) location, entry, and patent under the min- (4) ADMINISTRATION.— Hood NRA’’, ‘‘National Recreation Areas— ing laws; and (A) IN GENERAL.—The Secretary shall— Fifteenmile Creek NRA’’, and ‘‘National Recre- (3) disposition under all laws relating to min- (i) administer the Management Unit— ation Areas—Shellrock Mountain’’, dated Feb- eral and geothermal leasing. (I) in accordance with the laws (including ruary 2007. (h) TRANSFER OF ADMINISTRATIVE JURISDIC- regulations) and rules applicable to units of the (c) MAP AND LEGAL DESCRIPTION.— TION.— National Forest System; and (1) SUBMISSION OF LEGAL DESCRIPTION.—As (1) IN GENERAL.—Administrative jurisdiction (II) consistent with the purposes described in soon as practicable after the date of enactment over the Federal land described in paragraph (2) paragraph (2); and of this Act, the Secretary shall file a map and a is transferred from the Bureau of Land Manage- (ii) only allow uses of the Management Unit legal description of the Mount Hood National ment to the Forest Service. that are consistent with the purposes described Recreation Area with— (2) DESCRIPTION OF LAND.—The land referred in paragraph (2). (A) the Committee on Energy and Natural Re- to in paragraph (1) is the approximately 130 (B) FUEL REDUCTION IN PROXIMITY TO IM- sources of the Senate; and acres of land administered by the Bureau of PROVEMENTS AND PRIMARY PUBLIC ROADS.—To (B) the Committee on Natural Resources of the Land Management that is within or adjacent to protect the water quality, water quantity, and House of Representatives. the Mount Hood National Recreation Area and scenic, cultural, natural, and wildlife values of (2) FORCE OF LAW.—The map and legal de- that is identified as ‘‘BLM Lands’’ on the map the Management Unit, the Secretary may con- scription filed under paragraph (1) shall have entitled ‘‘National Recreation Areas—Shellrock duct fuel reduction and forest health manage- the same force and effect as if included in this Mountain’’, dated February 2007. ment treatments to maintain and restore fire-re- subtitle, except that the Secretary may correct SEC. 1205. PROTECTIONS FOR CRYSTAL SPRINGS, silient forest structures containing late succes- typographical errors in the map and the legal UPPER BIG BOTTOM, AND CULTUS sional forest structure characterized by large description. CREEK. trees and multistoried canopies, as ecologically (3) PUBLIC AVAILABILITY.—The map and legal (a) CRYSTAL SPRINGS WATERSHED SPECIAL RE- appropriate, on National Forest System land in description filed under paragraph (1) shall be on SOURCES MANAGEMENT UNIT.— the Management Unit—

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(i) in any area located not more than 400 feet (A) IN GENERAL.—As soon as practicable after served under subparagraph (G)), subject to valid from structures located on— the date of enactment of this Act, the Secretary existing rights. (I) National Forest System land; or shall file maps and legal descriptions of the Fed- (B) COMPLIANCE WITH EXISTING LAW.—Except (II) private land adjacent to National Forest eral land described in paragraph (2) with— as otherwise provided in this subsection, the System land; (i) the Committee on Energy and Natural Re- Secretary shall carry out the land exchange (ii) in any area located not more than 400 feet sources of the Senate; and under this subsection in accordance with section from the Cooper Spur Road, the Cloud Cap (ii) the Committee on Natural Resources of the 206 of the Federal Land Policy and Manage- Road, or the Cooper Spur Ski Area Loop Road; House of Representatives. ment Act of 1976 (43 U.S.C. 1716). and (B) FORCE OF LAW.—The maps and legal de- (C) CONDITIONS ON ACCEPTANCE.— (iii) on any other National Forest System land scriptions filed under subparagraph (A) shall (i) TITLE.—As a condition of the land ex- in the Management Unit, with priority given to have the same force and effect as if included in change under this subsection, title to the non- activities that restore previously harvested this subtitle, except that the Secretary may cor- Federal land to be acquired by the Secretary stands, including the removal of logging slash, rect typographical errors in the maps and legal under this subsection shall be acceptable to the smaller diameter material, and ladder fuels. descriptions. Secretary. (5) PROHIBITED ACTIVITIES.—Subject to valid (C) PUBLIC AVAILABILITY.—Each map and (ii) TERMS AND CONDITIONS.—The conveyance existing rights, the following activities shall be legal description filed under subparagraph (A) of the Federal land and non-Federal land shall prohibited on National Forest System land in shall be on file and available for public inspec- be subject to such terms and conditions as the the Management Unit: tion in the appropriate offices of the Forest Secretary may require. (A) New road construction or renovation of Service. (D) APPRAISALS.— existing non-System roads, except as necessary (4) USE OF LAND.— (i) IN GENERAL.—As soon as practicable after to protect public health and safety. (A) IN GENERAL.—Subject to valid existing the date of enactment of this Act, the Secretary (B) Projects undertaken for the purpose of rights, with respect to the Federal land de- and Mt. Hood Meadows shall select an ap- harvesting commercial timber (other than activi- scribed in paragraph (2), the Secretary shall praiser to conduct an appraisal of the Federal ties relating to the harvest of merchantable only allow uses that are consistent with the land and non-Federal land. products that are byproducts of activities con- purposes identified in paragraph (1). (ii) REQUIREMENTS.—An appraisal under ducted to further the purposes described in (B) PROHIBITED USES.—The following shall be clause (i) shall be conducted in accordance with paragraph (2)). prohibited on the Federal land described in nationally recognized appraisal standards, in- (C) Commercial livestock grazing. paragraph (2): cluding— (D) The placement of new fuel storage tanks. (i) Permanent roads. (I) the Uniform Appraisal Standards for Fed- (E) Except to the extent necessary to further (ii) Commercial enterprises. eral Land Acquisitions; and the purposes described in paragraph (2), the ap- (iii) Except as necessary to meet the minimum (II) the Uniform Standards of Professional plication of any toxic chemicals (other than fire requirements for the administration of the Fed- Appraisal Practice. retardants), including pesticides, rodenticides, eral land and to protect public health and safe- (E) SURVEYS.— or herbicides. ty— (i) IN GENERAL.—The exact acreage and legal (6) FOREST ROAD CLOSURES.— (I) the use of motor vehicles; or description of the Federal land and non-Federal (A) IN GENERAL.—Except as provided in sub- (II) the establishment of temporary roads. land shall be determined by surveys approved by paragraph (B), the Secretary may provide for (5) WITHDRAWAL.—Subject to valid existing the Secretary. the closure or gating to the general public of rights, the Federal land described in paragraph (ii) COSTS.—The responsibility for the costs of any Forest Service road within the Management (2) is withdrawn from— any surveys conducted under clause (i), and Unit. (A) all forms of entry, appropriation, or dis- any other administrative costs of carrying out (B) EXCEPTION.—Nothing in this subsection posal under the public land laws; the land exchange, shall be determined by the requires the Secretary to close the road com- (B) location, entry, and patent under the min- Secretary and Mt. Hood Meadows. monly known as ‘‘Cloud Cap Road’’, which ing laws; and (F) DEADLINE FOR COMPLETION OF LAND EX- shall be administered in accordance with other- (C) disposition under all laws relating to min- CHANGE.—It is the intent of Congress that the wise applicable law. eral and geothermal leasing. land exchange under this subsection shall be (7) PRIVATE LAND.— SEC. 1206. LAND EXCHANGES. completed not later than 16 months after the (A) EFFECT.—Nothing in this subsection af- (a) COOPER SPUR-GOVERNMENT CAMP LAND date of enactment of this Act. fects the use of, or access to, any private prop- EXCHANGE.— (G) RESERVATION OF EASEMENTS.—As a condi- erty within the area identified on the map as (1) DEFINITIONS.—In this subsection: tion of the conveyance of the Federal land, the the ‘‘Crystal Springs Zone of Contribution’’ (A) COUNTY.—The term ‘‘County’’ means Secretary shall reserve— by— Hood River County, Oregon. (i) a conservation easement to the Federal (i) the owners of the private property; and (B) EXCHANGE MAP.—The term ‘‘exchange land to protect existing wetland, as identified by (ii) guests to the private property. map’’ means the map entitled ‘‘Cooper Spur/ the Oregon Department of State Lands, that al- (B) COOPERATION.—The Secretary is encour- Government Camp Land Exchange’’, dated June lows equivalent wetland mitigation measures to aged to work with private landowners who have 2006. compensate for minor wetland encroachments agreed to cooperate with the Secretary to fur- (C) FEDERAL LAND.—The term ‘‘Federal land’’ necessary for the orderly development of the ther the purposes of this subsection. means the approximately 120 acres of National Federal land; and (8) ACQUISITION OF LAND.— Forest System land in the Mount Hood National (ii) a trail easement to the Federal land that (A) IN GENERAL.—The Secretary may acquire Forest in Government Camp, Clackamas Coun- allows— from willing landowners any land located with- ty, Oregon, identified as ‘‘USFS Land to be (I) nonmotorized use by the public of existing in the area identified on the map as the ‘‘Crys- Conveyed’’ on the exchange map. trails; tal Springs Zone of Contribution’’. (D) MT. HOOD MEADOWS.—The term ‘‘Mt. (II) roads, utilities, and infrastructure facili- (B) INCLUSION IN MANAGEMENT UNIT.—On the Hood Meadows’’ means the Mt. Hood Meadows ties to cross the trails; and date of acquisition, any land acquired under Oregon, Limited Partnership. (III) improvement or relocation of the trails to subparagraph (A) shall be incorporated in, and (E) NON-FEDERAL LAND.—The term ‘‘non-Fed- accommodate development of the Federal land. be managed as part of, the Management Unit. eral land’’ means— (b) PORT OF CASCADE LOCKS LAND EX- (b) PROTECTIONS FOR UPPER BIG BOTTOM AND (i) the parcel of approximately 770 acres of CHANGE.— CULTUS CREEK.— private land at Cooper Spur identified as ‘‘Land (1) DEFINITIONS.—In this subsection: (1) IN GENERAL.—The Secretary shall manage to be acquired by USFS’’ on the exchange map; (A) EXCHANGE MAP.—The term ‘‘exchange the Federal land administered by the Forest and map’’ means the map entitled ‘‘Port of Cascade Service described in paragraph (2) in a manner (ii) any buildings, furniture, fixtures, and Locks/Pacific Crest National Scenic Trail Land that preserves the natural and primitive char- equipment at the Inn at Cooper Spur and the Exchange’’, dated June 2006. acter of the land for recreational, scenic, and Cooper Spur Ski Area covered by an appraisal (B) FEDERAL LAND.—The term ‘‘Federal land’’ scientific use. described in paragraph (2)(D). means the parcel of land consisting of approxi- (2) DESCRIPTION OF LAND.—The Federal land (2) COOPER SPUR-GOVERNMENT CAMP LAND EX- mately 10 acres of National Forest System land referred to in paragraph (1) is— CHANGE.— in the Columbia River Gorge National Scenic (A) the approximately 1,580 acres, as generally (A) CONVEYANCE OF LAND.—Subject to the Area identified as ‘‘USFS Land to be conveyed’’ depicted on the map entitled ‘‘Upper Big Bot- provisions of this subsection, if Mt. Hood Mead- on the exchange map. tom’’, dated July 16, 2007; and ows offers to convey to the United States all (C) NON-FEDERAL LAND.—The term ‘‘non-Fed- (B) the approximately 280 acres identified as right, title, and interest of Mt. Hood Meadows eral land’’ means the parcels of land consisting ‘‘Cultus Creek’’ on the map entitled ‘‘Clackamas in and to the non-Federal land, the Secretary of approximately 40 acres identified as ‘‘Land to Wilderness—South Fork Clackamas’’, dated shall convey to Mt. Hood Meadows all right, be acquired by USFS’’ on the exchange map. July 16, 2007. title, and interest of the United States in and to (D) PORT.—The term ‘‘Port’’ means the Port (3) MAPS AND LEGAL DESCRIPTIONS.— the Federal land (other than any easements re- of Cascade Locks, Cascade Locks, Oregon.

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(2) LAND EXCHANGE, PORT OF CASCADE LOCKS- Secretary shall carry out the land exchange (B) APPLICABLE LAW.—To the maximum extent PACIFIC CREST NATIONAL SCENIC TRAIL.— under this paragraph in accordance with sec- practicable, the codes required under subpara- (A) CONVEYANCE OF LAND.—Subject to the tion 206 of the Federal Land Policy and Man- graph (A) shall be consistent with the nation- provisions of this subsection, if the Port offers to agement Act of 1976 (43 U.S.C. 1716). ally recognized codes adopted or referenced by convey to the United States all right, title, and (C) CONDITIONS ON ACCEPTANCE.— the State or political subdivisions of the State. interest of the Port in and to the non-Federal (i) TITLE.—As a condition of the land ex- (C) ENFORCEMENT.—The requirements under land, the Secretary shall, subject to valid exist- change under this paragraph, title to the non- subparagraph (A) may be enforced by the same ing rights, convey to the Port all right, title, and Federal land to be acquired by the Secretary entities otherwise enforcing codes, ordinances, interest of the United States in and to the Fed- under this paragraph shall be acceptable to the and standards. eral land. Secretary. (2) COMPLIANCE WITH CODES ON FEDERAL (B) COMPLIANCE WITH EXISTING LAW.—Except (ii) TERMS AND CONDITIONS.—The conveyance LAND.—The Secretary shall ensure that applica- as otherwise provided in this subsection, the of the Federal land and non-Federal land shall ble construction activities and alterations un- Secretary shall carry out the land exchange be subject to such terms and conditions as the dertaken or permitted by the Secretary on Na- under this subsection in accordance with section Secretary may require. tional Forest System land in the Mount Hood 206 of the Federal Land Policy and Manage- (D) APPRAISALS.— National Forest are conducted in accordance ment Act of 1976 (43 U.S.C. 1716). (i) IN GENERAL.—As soon as practicable after with— (3) CONDITIONS ON ACCEPTANCE.— the date of enactment of this Act, the Secretary (A) nationally recognized building and prop- (A) TITLE.—As a condition of the land ex- shall select an appraiser to conduct an ap- erty maintenance codes; and change under this subsection, title to the non- praisal of the Federal land and non-Federal (B) nationally recognized codes for develop- Federal land to be acquired by the Secretary land. ment in the wildland-urban interface develop- under this subsection shall be acceptable to the (ii) REQUIREMENTS.—An appraisal under ment and wildfire hazard mitigation. Secretary. clause (i) shall be conducted in accordance with (3) EFFECT ON ENFORCEMENT BY STATES AND (B) TERMS AND CONDITIONS.—The conveyance nationally recognized appraisal standards, in- POLITICAL SUBDIVISIONS.—Nothing in this sub- of the Federal land and non-Federal land shall cluding— section alters or limits the power of the State or be subject to such terms and conditions as the (I) the Uniform Appraisal Standards for Fed- a political subdivision of the State to implement Secretary may require. eral Land Acquisitions; and or enforce any law (including regulations), rule, (4) APPRAISALS.— (II) the Uniform Standards of Professional or standard relating to development or fire pre- (A) IN GENERAL.—As soon as practicable after Appraisal Practice. vention and control. the date of enactment of this Act, the Secretary (E) SURVEYS.— SEC. 1207. TRIBAL PROVISIONS; PLANNING AND STUDIES. shall select an appraiser to conduct an ap- (i) IN GENERAL.—The exact acreage and legal praisal of the Federal land and non-Federal description of the Federal land and non-Federal (a) TRANSPORTATION PLAN.— (1) IN GENERAL.—The Secretary shall seek to land. land shall be determined by surveys approved by participate in the development of an integrated, (B) REQUIREMENTS.—An appraisal under sub- the Secretary. paragraph (A) shall be conducted in accordance multimodal transportation plan developed by (ii) COSTS.—The responsibility for the costs of the Oregon Department of Transportation for with nationally recognized appraisal standards, any surveys conducted under clause (i), and the Mount Hood region to achieve comprehen- including— any other administrative costs of carrying out (i) the Uniform Appraisal Standards for Fed- sive solutions to transportation challenges in the land exchange, shall be determined by the eral Land Acquisitions; and the Mount Hood region— Secretary and the County. (ii) the Uniform Standards of Professional Ap- (A) to promote appropriate economic develop- (F) DEADLINE FOR COMPLETION OF LAND EX- praisal Practice. ment; CHANGE.—It is the intent of Congress that the (5) SURVEYS.— (B) to preserve the landscape of the Mount land exchange under this paragraph shall be (A) IN GENERAL.—The exact acreage and legal Hood region; and description of the Federal land and non-Federal completed not later than 16 months after the (C) to enhance public safety. land shall be determined by surveys approved by date of enactment of this Act. (2) ISSUES TO BE ADDRESSED.—In participating the Secretary. (3) BOUNDARY ADJUSTMENT.— in the development of the transportation plan N GENERAL (B) COSTS.—The responsibility for the costs of (A) I .—The boundary of the Mount under paragraph (1), the Secretary shall seek to any surveys conducted under subparagraph (A), Hood National Forest shall be adjusted to incor- address— and any other administrative costs of carrying porate— (A) transportation alternatives between and out the land exchange, shall be determined by (i) any land conveyed to the United States among recreation areas and gateway commu- the Secretary and the Port. under paragraph (2); and nities that are located within the Mount Hood (6) DEADLINE FOR COMPLETION OF LAND EX- (ii) the land transferred to the Forest Service region; CHANGE.—It is the intent of Congress that the by section 1204(h)(1). (B) establishing park-and-ride facilities that land exchange under this subsection shall be (B) ADDITIONS TO THE NATIONAL FOREST SYS- shall be located at gateway communities; completed not later than 16 months after the TEM.—The Secretary shall administer the land (C) establishing intermodal transportation date of enactment of this Act. described in subparagraph (A)— centers to link public transportation, parking, (c) HUNCHBACK MOUNTAIN LAND EXCHANGE (i) in accordance with— and recreation destinations; AND BOUNDARY ADJUSTMENT.— (I) the Act of March 1, 1911 (commonly known (D) creating a new interchange on Oregon (1) DEFINITIONS.—In this subsection: as the ‘‘Weeks Law’’) (16 U.S.C. 480 et seq.); and State Highway 26 located adjacent to or within (A) COUNTY.—The term ‘‘County’’ means (II) any laws (including regulations) applica- Government Camp; Clackamas County, Oregon. ble to the National Forest System; and (E) designating, maintaining, and improving (B) EXCHANGE MAP.—The term ‘‘exchange (ii) subject to sections 1202(c)(3) and 1204(d), alternative routes using Forest Service or State map’’ means the map entitled ‘‘Hunchback as applicable. roads for— Mountain Land Exchange, Clackamas County’’, (C) LAND AND WATER CONSERVATION FUND.— (i) providing emergency routes; or (ii) improving access to, and travel within, the dated June 2006. For the purposes of section 7 of the Land and Mount Hood region; (C) FEDERAL LAND.—The term ‘‘Federal land’’ Water Conservation Fund Act of 1965 (16 U.S.C. (F) the feasibility of establishing— means the parcel of land consisting of approxi- 460l–9), the boundaries of the Mount Hood Na- tional Forest modified by this paragraph shall (i) a gondola connection that— mately 160 acres of National Forest System land (I) connects Timberline Lodge to Government be considered to be the boundaries of the Mount in the Mount Hood National Forest identified as Camp; and ‘‘USFS Land to be Conveyed’’ on the exchange Hood National Forest in existence as of January (II) is located in close proximity to the site of map. 1, 1965. the historic gondola corridor; and (D) NON-FEDERAL LAND.—The term ‘‘non-Fed- (d) CONDITIONS ON DEVELOPMENT OF FEDERAL (ii) an intermodal transportation center to be eral land’’ means the parcel of land consisting LAND.— located in close proximity to Government Camp; of approximately 160 acres identified as ‘‘Land (1) REQUIREMENTS APPLICABLE TO THE CON- (G) burying power lines located in, or adja- to be acquired by USFS’’ on the exchange map. VEYANCE OF FEDERAL LAND.— cent to, the Mount Hood National Forest along (2) HUNCHBACK MOUNTAIN LAND EXCHANGE.— (A) IN GENERAL.—As a condition of each of Interstate 84 near the City of Cascade Locks, (A) CONVEYANCE OF LAND.—Subject to the the conveyances of Federal land under this sec- Oregon; and provisions of this paragraph, if the County of- tion, the Secretary shall include in the deed of (H) creating mechanisms for funding the im- fers to convey to the United States all right, conveyance a requirement that applicable con- plementation of the transportation plan under title, and interest of the County in and to the struction activities and alterations shall be con- paragraph (1), including— non-Federal land, the Secretary shall, subject to ducted in accordance with— (i) funds provided by the Federal Government; valid existing rights, convey to the County all (i) nationally recognized building and prop- (ii) public-private partnerships; right, title, and interest of the United States in erty maintenance codes; and (iii) incremental tax financing; and and to the Federal land. (ii) nationally recognized codes for develop- (iv) other financing tools that link transpor- (B) COMPLIANCE WITH EXISTING LAW.—Except ment in the wildland-urban interface and wild- tation infrastructure improvements with devel- as otherwise provided in this paragraph, the fire hazard mitigation. opment.

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(b) MOUNT HOOD NATIONAL FOREST STEWARD- trail at a location selected by the Secretary in of understanding with the Coquille Indian Tribe SHIP STRATEGY.— Mount Hood National Forest suitable for use by regarding access to the Copper Salmon Wilder- (1) IN GENERAL.—The Secretary shall prepare persons with disabilities. ness to conduct historical and cultural activi- a report on, and implementation schedule for, Subtitle D—Copper Salmon Wilderness, ties. the vegetation management strategy (including Oregon Subtitle E—Cascade-Siskiyou National recommendations for biomass utilization) for the SEC. 1301. DESIGNATION OF THE COPPER SALM- Monument, Oregon Mount Hood National Forest being developed by ON WILDERNESS. SEC. 1401. DEFINITIONS. the Forest Service. (a) DESIGNATION.—Section 3 of the Oregon In this subtitle: (2) SUBMISSION TO CONGRESS.— Wilderness Act of 1984 (16 U.S.C. 1132 note; Pub- (1) BOX R RANCH LAND EXCHANGE MAP.—The (A) REPORT.—Not later than 1 year after the lic Law 98–328) is amended— term ‘‘Box R Ranch land exchange map’’ means date of enactment of this Act, the Secretary (1) in the matter preceding paragraph (1), by the map entitled ‘‘Proposed Rowlett Land Ex- shall submit the report to— striking ‘‘eight hundred fifty-nine thousand six change’’ and dated June 13, 2006. (i) the Committee on Energy and Natural Re- hundred acres’’ and inserting ‘‘873,300 acres’’; (2) BUREAU OF LAND MANAGEMENT LAND.—The sources of the Senate; and (2) in paragraph (29), by striking the period at term ‘‘Bureau of Land Management land’’ (ii) the Committee on Natural Resources of the the end and inserting ‘‘; and’’; and means the approximately 40 acres of land ad- House of Representatives. (3) by adding at the end the following: ministered by the Bureau of Land Management MPLEMENTATION SCHEDULE.—Not later (B) I ‘‘(30) certain land in the Siskiyou National identified as ‘‘Rowlett Selected’’, as generally than 1 year after the date on which the vegeta- Forest, comprising approximately 13,700 acres, depicted on the Box R Ranch land exchange tion management strategy referred to in para- as generally depicted on the map entitled ‘Pro- map. graph (1) is completed, the Secretary shall sub- posed Copper Salmon Wilderness Area’ and (3) DEERFIELD LAND EXCHANGE MAP.—The mit the implementation schedule to— dated December 7, 2007, to be known as the term ‘‘Deerfield land exchange map’’ means the (i) the Committee on Energy and Natural Re- ‘Copper Salmon Wilderness’.’’. map entitled ‘‘Proposed Deerfield-BLM Property sources of the Senate; and (b) MAPS AND LEGAL DESCRIPTION.— Line Adjustment’’ and dated May 1, 2008. (ii) the Committee on Natural Resources of the (1) IN GENERAL.—As soon as practicable after (4) DEERFIELD PARCEL.—The term ‘‘Deerfield House of Representatives. the date of enactment of this Act, the Secretary parcel’’ means the approximately 1.5 acres of (c) LOCAL AND TRIBAL RELATIONSHIPS.— of Agriculture (referred to in this subtitle as the land identified as ‘‘From Deerfield to BLM’’, as (1) MANAGEMENT PLAN.— ‘‘Secretary’’) shall file a map and a legal de- generally depicted on the Deerfield land ex- (A) IN GENERAL.—The Secretary, in consulta- scription of the Copper Salmon Wilderness change map. tion with Indian tribes with treaty-reserved with— (5) FEDERAL PARCEL.—The term ‘‘Federal par- gathering rights on land encompassed by the (A) the Committee on Energy and Natural Re- cel’’ means the approximately 1.3 acres of land Mount Hood National Forest and in a manner sources of the Senate; and administered by the Bureau of Land Manage- consistent with the memorandum of under- (B) the Committee on Natural Resources of the ment identified as ‘‘From BLM to Deerfield’’, as standing entered into between the Department House of Representatives. generally depicted on the Deerfield land ex- of Agriculture, the Bureau of Land Manage- (2) FORCE OF LAW.—The map and legal de- change map. ment, the Bureau of Indian Affairs, and the scription filed under paragraph (1) shall have (6) GRAZING ALLOTMENT.—The term ‘‘grazing Confederated Tribes and Bands of the Warm the same force and effect as if included in this allotment’’ means any of the Box R, Buck Lake, Springs Reservation of Oregon, dated April 25, subtitle, except that the Secretary may correct Buck Mountain, Buck Point, Conde Creek, Cove 2003, as modified, shall develop and implement a typographical errors in the map and legal de- Creek, Cove Creek Ranch, Deadwood, Dixie, management plan that meets the cultural foods scription. Grizzly, Howard Prairie, Jenny Creek, Keene obligations of the United States under applica- (3) BOUNDARY.—If the boundary of the Cop- Creek, North Cove Creek, and Soda Mountain ble treaties, including the Treaty with the per Salmon Wilderness shares a border with a grazing allotments in the State. Tribes and Bands of Middle Oregon of June 25, road, the Secretary may only establish an offset (7) GRAZING LEASE.—The term ‘‘grazing lease’’ 1855 (12 Stat. 963). that is not more than 150 feet from the center- means any document authorizing the use of a (B) EFFECT.—This paragraph shall be consid- line of the road. grazing allotment for the purpose of grazing ered to be consistent with, and is intended to (4) PUBLIC AVAILABILITY.—Each map and livestock for commercial purposes. help implement, the gathering rights reserved by legal description filed under paragraph (1) shall (8) LANDOWNER.—The term ‘‘Landowner’’ the treaty described in subparagraph (A). be on file and available for public inspection in means the owner of the Box R Ranch in the (2) SAVINGS PROVISIONS REGARDING RELATIONS the appropriate offices of the Forest Service. State. WITH INDIAN TRIBES.— SEC. 1302. WILD AND SCENIC RIVER DESIGNA- (9) LESSEE.—The term ‘‘lessee’’ means a live- (A) TREATY RIGHTS.—Nothing in this subtitle TIONS, ELK RIVER, OREGON. stock operator that holds a valid existing graz- alters, modifies, enlarges, diminishes, or abro- Section 3(a)(76) of the Wild and Scenic Rivers ing lease for a grazing allotment. gates the treaty rights of any Indian tribe, in- Act (16 U.S.C. 1274(a)(76)) is amended— (10) LIVESTOCK.—The term ‘‘livestock’’ does cluding the off-reservation reserved rights se- (1) in the matter preceding subparagraph (A), not include beasts of burden used for rec- cured by the Treaty with the Tribes and Bands by striking ‘‘19-mile segment’’ and inserting ‘‘29- reational purposes. of Middle Oregon of June 25, 1855 (12 Stat. 963). mile segment’’; (11) MONUMENT.—The term ‘‘Monument’’ (B) TRIBAL LAND.—Nothing in this subtitle af- (2) in subparagraph (A), by striking ‘‘; and’’ means the Cascade-Siskiyou National Monu- fects land held in trust by the Secretary of the and inserting a period; and ment in the State. Interior for Indian tribes or individual members (3) by striking subparagraph (B) and inserting (12) ROWLETT PARCEL.—The term ‘‘Rowlett of Indian tribes or other land acquired by the the following: parcel’’ means the parcel of approximately 40 Army Corps of Engineers and administered by ‘‘(B)(i) The approximately 0.6-mile segment of acres of private land identified as ‘‘Rowlett Of- the Secretary of the Interior for the benefit of the North Fork Elk from its source in sec. 21, T. fered’’, as generally depicted on the Box R Indian tribes and individual members of Indian 33 S., R. 12 W., Willamette Meridian, down- Ranch land exchange map. tribes. stream to 0.01 miles below Forest Service Road (13) SECRETARY.—The term ‘‘Secretary’’ means (d) RECREATIONAL USES.— 3353, as a scenic river. the Secretary of the Interior. (1) MOUNT HOOD NATIONAL FOREST REC- ‘‘(ii) The approximately 5.5-mile segment of (14) STATE.—The term ‘‘State’’ means the REATIONAL WORKING GROUP.—The Secretary the North Fork Elk from 0.01 miles below Forest State of Oregon. may establish a working group for the purpose Service Road 3353 to its confluence with the (15) WILDERNESS.—The term ‘‘Wilderness’’ of providing advice and recommendations to the South Fork Elk, as a wild river. means the Soda Mountain Wilderness des- Forest Service on planning and implementing ‘‘(C)(i) The approximately 0.9-mile segment of ignated by section 1405(a). recreation enhancements in the Mount Hood the South Fork Elk from its source in the south- (16) WILDERNESS MAP.—The term ‘‘wilderness National Forest. east quarter of sec. 32, T. 33 S., R. 12 W., Wil- map’’ means the map entitled ‘‘Soda Mountain (2) CONSIDERATION OF CONVERSION OF FOREST lamette Meridian, downstream to 0.01 miles Wilderness’’ and dated May 5, 2008. ROADS TO RECREATIONAL USES.—In considering a below Forest Service Road 3353, as a scenic SEC. 1402. VOLUNTARY GRAZING LEASE DONA- Forest Service road in the Mount Hood National river. TION PROGRAM. Forest for possible closure and decommissioning ‘‘(ii) The approximately 4.2-mile segment of (a) EXISTING GRAZING LEASES.— after the date of enactment of this Act, the Sec- the South Fork Elk from 0.01 miles below Forest (1) DONATION OF LEASE.— retary, in accordance with applicable law, shall Service Road 3353 to its confluence with the (A) ACCEPTANCE BY SECRETARY.—The Sec- consider, as an alternative to decommissioning North Fork Elk, as a wild river.’’. retary shall accept any grazing lease that is do- the road, converting the road to recreational SEC. 1303. PROTECTION OF TRIBAL RIGHTS. nated by a lessee. uses to enhance recreational opportunities in (a) IN GENERAL.—Nothing in this subtitle (B) TERMINATION.—The Secretary shall termi- the Mount Hood National Forest. shall be construed as diminishing any right of nate any grazing lease acquired under subpara- (3) IMPROVED TRAIL ACCESS FOR PERSONS WITH any Indian tribe. graph (A). DISABILITIES.—The Secretary, in consultation (b) MEMORANDUM OF UNDERSTANDING.—The (C) NO NEW GRAZING LEASE.—Except as pro- with the public, may design and construct a Secretary shall seek to enter into a memorandum vided in paragraph (3), with respect to each

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grazing lease donated under subparagraph (A), land and the Rowlett parcel shall be determined (d) APPRAISALS.— the Secretary shall— by surveys approved by the Secretary. (1) IN GENERAL.—The Federal parcel and the (i) not issue any new grazing lease within the (2) COSTS.—The responsibility for the costs of Deerfield parcel shall be appraised by an inde- grazing allotment covered by the grazing lease; any surveys conducted under paragraph (1), pendent appraiser selected by the Secretary. and and any other administrative costs of carrying (2) REQUIREMENTS.—An appraisal conducted (ii) ensure a permanent end to livestock graz- out the land exchange, shall be determined by under paragraph (1) shall be conducted in ac- ing on the grazing allotment covered by the the Secretary and the Landowner. cordance with— grazing lease. (c) CONDITIONS.—The conveyance of the Bu- (A) the Uniform Appraisal Standards for Fed- (2) DONATION OF PORTION OF GRAZING reau of Land Management land and the Rowlett eral Land Acquisitions; and parcel under this section shall be subject to— LEASE.— (B) the Uniform Standards of Professional Ap- (1) valid existing rights; (A) IN GENERAL.—A lessee with a grazing lease praisal Practice. for a grazing allotment partially within the (2) title to the Rowlett parcel being acceptable (3) APPROVAL.—The appraisals conducted Monument may elect to donate only that por- to the Secretary and in conformance with the under this subsection shall be submitted to the tion of the grazing lease that is within the title approval standards applicable to Federal Secretary for approval. Monument. land acquisitions; (B) ACCEPTANCE BY SECRETARY.—The Sec- (3) such terms and conditions as the Secretary SEC. 1405. SODA MOUNTAIN WILDERNESS. retary shall accept the portion of a grazing lease may require; and (a) DESIGNATION.—In accordance with the that is donated under subparagraph (A). (4) except as otherwise provided in this sec- Wilderness Act (16 U.S.C. 1131 et seq.), approxi- (C) MODIFICATION OF LEASE.—Except as pro- tion, any laws (including regulations) applica- mately 24,100 acres of Monument land, as gen- vided in paragraph (3), if a lessee donates a por- ble to the conveyance and acquisition of land by erally depicted on the wilderness map, is des- tion of a grazing lease under subparagraph (A), the Bureau of Land Management. ignated as wilderness and as a component of the the Secretary shall— (d) APPRAISALS.— National Wilderness Preservation System, to be (i) reduce the authorized grazing level and (1) IN GENERAL.—The Bureau of Land Man- known as the ‘‘Soda Mountain Wilderness’’. area to reflect the donation; and agement land and the Rowlett parcel shall be (b) MAP AND LEGAL DESCRIPTION.— appraised by an independent appraiser selected (ii) modify the grazing lease to reflect the re- (1) SUBMISSION OF MAP AND LEGAL DESCRIP- by the Secretary. duced level and area of use. TION.—As soon as practicable after the date of (2) REQUIREMENTS.—An appraisal conducted (D) AUTHORIZED LEVEL.—To ensure that there enactment of this Act, the Secretary shall file a under paragraph (1) shall be conducted in ac- is a permanent reduction in the level and area map and legal description of the Wilderness cordance with— of livestock grazing on the land covered by a with— (A) the Uniform Appraisal Standards for Fed- portion of a grazing lease donated under sub- (A) the Committee on Energy and Natural Re- paragraph (A), the Secretary shall not allow eral Land Acquisitions; and (B) the Uniform Standards of Professional Ap- sources of the Senate; and grazing to exceed the authorized level and area praisal Practice. (B) the Committee on Natural Resources of the established under subparagraph (C). (3) APPROVAL.—The appraisals conducted House of Representatives. (3) COMMON ALLOTMENTS.— under this subsection shall be submitted to the (2) FORCE AND EFFECT.— (A) IN GENERAL.—If a grazing allotment cov- Secretary for approval. (A) IN GENERAL.—The map and legal descrip- ered by a grazing lease or portion of a grazing (e) GRAZING ALLOTMENT.—As a condition of tion filed under paragraph (1) shall have the lease that is donated under paragraph (1) or (2) the land exchange authorized under this sec- same force and effect as if included in this sub- also is covered by another grazing lease that is tion, the lessee of the grazing lease for the Box title, except that the Secretary may correct any not donated, the Secretary shall reduce the R grazing allotment shall donate the Box R clerical or typographical error in the map or grazing level on the grazing allotment to reflect grazing lease in accordance with section legal description. the donation. 1402(a)(1). (B) NOTIFICATION.—The Secretary shall sub- (B) AUTHORIZED LEVEL.—To ensure that there mit to Congress notice of any changes made in is a permanent reduction in the level of livestock SEC. 1404. DEERFIELD LAND EXCHANGE. the map or legal description under subpara- grazing on the land covered by the grazing lease (a) IN GENERAL.—For the purpose of pro- graph (A), including notice of the reason for the or portion of a grazing lease donated under tecting and consolidating Federal land within change. paragraph (1) or (2), the Secretary shall not the Monument, the Secretary— allow grazing to exceed the level established (1) may offer to convey to Deerfield Learning (3) PUBLIC AVAILABILITY.—The map and legal under subparagraph (A). Associates the Federal parcel in exchange for description filed under paragraph (1) shall be on the Deerfield parcel; and (b) LIMITATIONS.—The Secretary— file and available for public inspection in the (1) with respect to the Agate, Emigrant Creek, (2) if Deerfield Learning Associates accepts appropriate offices of the Bureau of Land Man- and Siskiyou allotments in and near the Monu- the offer— agement. (A) the Secretary shall convey to Deerfield ment— (c) ADMINISTRATION OF WILDERNESS.— (A) shall not issue any grazing lease; and Learning Associates all right, title, and interest (1) IN GENERAL.—Subject to valid existing (B) shall ensure a permanent end to livestock of the United States in and to the Federal par- rights, the Wilderness shall be administered by grazing on each allotment; and cel; and the Secretary in accordance with the Wilderness (B) Deerfield Learning Associates shall con- (2) shall not establish any new allotments for Act (16 U.S.C. 1131 et seq.), except that— vey to the Secretary all right, title, and interest livestock grazing that include any Monument (A) any reference in the Wilderness Act to the of Deerfield Learning Associates in and to the land (whether leased or not leased for grazing effective date of the Wilderness Act shall be con- Deerfield parcel. on the date of enactment of this Act). sidered to be a reference to the date of enact- (b) SURVEYS.— (c) EFFECT OF DONATION.—A lessee who do- ment of this Act; and (1) IN GENERAL.—The exact acreage and legal nates a grazing lease or a portion of a grazing (B) any reference in that Act to the Secretary description of the Federal parcel and the Deer- lease under this section shall be considered to of Agriculture shall be considered to be a ref- field parcel shall be determined by surveys ap- have waived any claim to any range improve- erence to the Secretary of the Interior. proved by the Secretary. ment on the associated grazing allotment or por- IRE INSECT AND DISEASE MANAGEMENT (2) COSTS.—The responsibility for the costs of (2) F , , tion of the associated grazing allotment, as ap- any surveys conducted under paragraph (1), ACTIVITIES.—Except as provided by Presidential plicable. and any other administrative costs of carrying Proclamation Number 7318, dated June 9, 2000 SEC. 1403. BOX R RANCH LAND EXCHANGE. out the land exchange, shall be determined by (65 Fed. Reg. 37247), within the wilderness areas (a) IN GENERAL.—For the purpose of pro- the Secretary and Deerfield Learning Associ- designated by this subtitle, the Secretary may tecting and consolidating Federal land within ates. take such measures in accordance with section the Monument, the Secretary— (c) CONDITIONS.— 4(d)(1) of the Wilderness Act (16 U.S.C. (1) may offer to convey to the Landowner the (1) IN GENERAL.—The conveyance of the Fed- 1133(d)(1)) as are necessary to control fire, in- Bureau of Land Management land in exchange eral parcel and the Deerfield parcel under this sects, and diseases, subject to such terms and for the Rowlett parcel; and section shall be subject to— conditions as the Secretary determines to be de- (2) if the Landowner accepts the offer— (A) valid existing rights; sirable and appropriate. (A) the Secretary shall convey to the Land- (B) title to the Deerfield parcel being accept- (3) LIVESTOCK.—Except as provided in section owner all right, title, and interest of the United able to the Secretary and in conformance with 1402 and by Presidential Proclamation Number States in and to the Bureau of Land Manage- the title approval standards applicable to Fed- 7318, dated June 9, 2000 (65 Fed. Reg. 37247), the ment land; and eral land acquisitions; grazing of livestock in the Wilderness, if estab- (B) the Landowner shall convey to the Sec- (C) such terms and conditions as the Secretary lished before the date of enactment of this Act, retary all right, title, and interest of the Land- may require; and shall be permitted to continue subject to such owner in and to the Rowlett parcel. (D) except as otherwise provided in this sec- reasonable regulations as are considered nec- (b) SURVEYS.— tion, any laws (including regulations) applica- essary by the Secretary in accordance with— (1) IN GENERAL.—The exact acreage and legal ble to the conveyance and acquisition of land by (A) section 4(d)(4) of the Wilderness Act (16 description of the Bureau of Land Management the Bureau of Land Management. U.S.C. 1133(d)(4)); and

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(B) the guidelines set forth in Appendix A of (1) IN GENERAL.—In accordance with the Wil- (B) any reference in that Act to the Secretary the report of the Committee on Interior and In- derness Act (16 U.S.C. 1131 et seq.), the fol- of Agriculture shall be considered to be a ref- sular Affairs of the House of Representatives ac- lowing areas in the State are designated as wil- erence to the Secretary of the Interior. companying H.R. 2570 of the 101st Congress (H. derness areas and as components of the Na- (2) WITHDRAWAL.—Subject to valid existing Rept. 101–405). tional Wilderness Preservation System: rights, the Federal land designated as wilder- (4) FISH AND WILDLIFE MANAGEMENT.—In ac- (A) BIG JACKS CREEK WILDERNESS.—Certain ness by this subtitle is withdrawn from all forms cordance with section 4(d)(7) of the Wilderness land comprising approximately 52,826 acres, as of— Act (16 U.S.C. 1133(d)(7)), nothing in this sub- generally depicted on the map entitled ‘‘Little (A) entry, appropriation, or disposal under title affects the jurisdiction of the State with re- Jacks Creek and Big Jacks Creek Wilderness’’ the public land laws; spect to fish and wildlife on public land in the and dated May 5, 2008, which shall be known as (B) location, entry, and patent under the min- State. the ‘‘Big Jacks Creek Wilderness’’. ing laws; and (5) INCORPORATION OF ACQUIRED LAND AND IN- (B) BRUNEAU-JARBIDGE RIVERS WILDERNESS.— (C) disposition under the mineral leasing, TERESTS.—Any land or interest in land within Certain land comprising approximately 89,996 mineral materials, and geothermal leasing laws. the boundary of the Wilderness that is acquired acres, as generally depicted on the map entitled (3) LIVESTOCK.— by the United States shall— ‘‘Bruneau-Jarbidge Rivers Wilderness’’ and (A) IN GENERAL.—In the wilderness areas des- (A) become part of the Wilderness; and dated December 15, 2008, which shall be known ignated by this subtitle, the grazing of livestock (B) be managed in accordance with this sub- as the ‘‘Bruneau-Jarbidge Rivers Wilderness’’. in areas in which grazing is established as of (C) LITTLE JACKS CREEK WILDERNESS.—Certain title, the Wilderness Act (16 U.S.C. 1131 et seq.), the date of enactment of this Act shall be al- land comprising approximately 50,929 acres, as and any other applicable law. lowed to continue, subject to such reasonable generally depicted on the map entitled ‘‘Little regulations, policies, and practices as the Sec- SEC. 1406. EFFECT. Jacks Creek and Big Jacks Creek Wilderness’’ retary considers necessary, consistent with sec- Nothing in this subtitle— and dated May 5, 2008, which shall be known as tion 4(d)(4) of the Wilderness Act (16 U.S.C. (1) affects the authority of a Federal agency the ‘‘Little Jacks Creek Wilderness’’. 1133(d)(4)) and the guidelines described in Ap- to modify or terminate grazing permits or leases, (D) NORTH FORK OWYHEE WILDERNESS.—Cer- except as provided in section 1402; tain land comprising approximately 43,413 acres, pendix A of House Report 101–405. (2) authorizes the use of eminent domain; as generally depicted on the map entitled (B) INVENTORY.—Not later than 1 year after (3) creates a property right in any grazing ‘‘North Fork Owyhee and Pole Creek Wilder- the date of enactment of this Act, the Secretary permit or lease on Federal land; ness’’ and dated May 5, 2008, which shall be shall conduct an inventory of existing facilities (4) establishes a precedent for future grazing known as the ‘‘North Fork Owyhee Wilder- and improvements associated with grazing ac- permit or lease donation programs; or ness’’. tivities in the wilderness areas and wild and sce- (5) affects the allocation, ownership, interest, (E) OWYHEE RIVER WILDERNESS.—Certain land nic rivers designated by this subtitle. or control, in existence on the date of enactment comprising approximately 267,328 acres, as gen- (C) FENCING.—The Secretary may construct of this Act, of any water, water right, or any erally depicted on the map entitled ‘‘Owyhee and maintain fencing around wilderness areas other valid existing right held by the United River Wilderness’’ and dated May 5, 2008, which designated by this subtitle as the Secretary de- States, an Indian tribe, a State, or a private in- shall be known as the ‘‘Owyhee River Wilder- termines to be appropriate to enhance wilder- dividual, partnership, or corporation. ness’’. ness values. Subtitle F—Owyhee Public Land Management (F) POLE CREEK WILDERNESS.—Certain land (D) DONATION OF GRAZING PERMITS OR comprising approximately 12,533 acres, as gen- LEASES.— SEC. 1501. DEFINITIONS. erally depicted on the map entitled ‘‘North Fork (i) ACCEPTANCE BY SECRETARY.—The Secretary In this subtitle: Owyhee and Pole Creek Wilderness’’ and dated shall accept the donation of any valid existing (1) ACCOUNT.—The term ‘‘account’’ means the May 5, 2008, which shall be known as the ‘‘Pole permits or leases authorizing grazing on public Owyhee Land Acquisition Account established Creek Wilderness’’. land, all or a portion of which is within the wil- by section 1505(b)(1). (2) MAPS AND LEGAL DESCRIPTIONS.— derness areas designated by this subtitle. (2) COUNTY.—The term ‘‘County’’ means (A) IN GENERAL.—As soon as practicable after (ii) TERMINATION.—With respect to each per- Owyhee County, Idaho. the date of enactment of this Act, the Secretary mit or lease donated under clause (i), the Sec- (3) OWYHEE FRONT.—The term ‘‘Owyhee shall submit to the Committee on Energy and retary shall— Front’’ means the area of the County from Jump Natural Resources of the Senate and the Com- (I) terminate the grazing permit or lease; and Creek on the west to Mud Flat Road on the east mittee on Natural Resources of the House of (II) except as provided in clause (iii), ensure a and draining north from the crest of the Silver Representatives a map and legal description for permanent end to grazing on the land covered City Range to the Snake River. each area designated as wilderness by this sub- by the permit or lease. (4) PLAN.—The term ‘‘plan’’ means a travel title. (iii) COMMON ALLOTMENTS.— management plan for motorized and mechanized (B) EFFECT.—Each map and legal description (I) IN GENERAL.—If the land covered by a per- off-highway vehicle recreation prepared under submitted under subparagraph (A) shall have mit or lease donated under clause (i) is also cov- section 1507. the same force and effect as if included in this ered by another valid existing permit or lease (5) PUBLIC LAND.—The term ‘‘public land’’ subtitle, except that the Secretary may correct that is not donated under clause (i), the Sec- has the meaning given the term in section 103(e) minor errors in the map or legal description. retary shall reduce the authorized grazing level of the Federal Land Policy and Management (C) AVAILABILITY.—Each map and legal de- on the land covered by the permit or lease to re- Act of 1976 (43 U.S.C. 1702(e)). scription submitted under subparagraph (A) flect the donation of the permit or lease under (6) SECRETARY.—The term ‘‘Secretary’’ means shall be available in the appropriate offices of clause (i). the Secretary of the Interior. the Bureau of Land Management. (II) AUTHORIZED LEVEL.—To ensure that there (7) STATE.—The term ‘‘State’’ means the State (3) RELEASE OF WILDERNESS STUDY AREAS.— is a permanent reduction in the level of grazing of Idaho. (A) IN GENERAL.—Congress finds that, for the on the land covered by a permit or lease donated (8) TRIBES.—The term ‘‘Tribes’’ means the purposes of section 603(c) of the Federal Land under clause (i), the Secretary shall not allow Shoshone Paiute Tribes of the Duck Valley Res- Policy and Management Act of 1976 (43 U.S.C. grazing use to exceed the authorized level estab- ervation. 1782(c)), the public land in the County adminis- lished under subclause (I). tered by the Bureau of Land Management has SEC. 1502. OWYHEE SCIENCE REVIEW AND CON- (iv) PARTIAL DONATION.— been adequately studied for wilderness designa- SERVATION CENTER. (I) IN GENERAL.—If a person holding a valid (a) ESTABLISHMENT.—The Secretary, in co- tion. grazing permit or lease donates less than the (B) RELEASE.—Any public land referred to in ordination with the Tribes, State, and County, full amount of grazing use authorized under the subparagraph (A) that is not designated as wil- and in consultation with the University of permit or lease, the Secretary shall— derness by this subtitle— Idaho, Federal grazing permittees, and public, (aa) reduce the authorized grazing level to re- shall establish the Owyhee Science Review and (i) is no longer subject to section 603(c) of the Federal Land Policy and Management Act of flect the donation; and Conservation Center in the County to conduct (bb) modify the permit or lease to reflect the research projects to address natural resources 1976 (43 U.S.C. 1782(c)); and (ii) shall be managed in accordance with the revised level of use. management issues affecting public and private applicable land use plan adopted under section (II) AUTHORIZED LEVEL.—To ensure that there rangeland in the County. 202 of that Act (43 U.S.C. 1712). is a permanent reduction in the authorized level (b) PURPOSE.—The purpose of the center es- (b) ADMINISTRATION.— of grazing on the land covered by a permit or tablished under subsection (a) shall be to facili- (1) IN GENERAL.—Subject to valid existing lease donated under subclause (I), the Secretary tate the collection and analysis of information rights, each area designated as wilderness by shall not allow grazing use to exceed the au- to provide Federal and State agencies, the this subtitle shall be administered by the Sec- thorized level established under that subclause. Tribes, the County, private landowners, and the retary in accordance with the Wilderness Act (4) ACQUISITION OF LAND AND INTERESTS IN public with information on improved rangeland (16 U.S.C. 1131 et seq.), except that— LAND.— management. (A) any reference in that Act to the effective (A) IN GENERAL.—Consistent with applicable SEC. 1503. WILDERNESS AREAS. date shall be considered to be a reference to the law, the Secretary may acquire land or interests (a) WILDERNESS AREAS DESIGNATION.— date of enactment of this Act; and in land within the boundaries of the wilderness

VerDate Mar 15 2010 12:18 Aug 01, 2011 Jkt 079102 PO 00000 Frm 00030 Fmt 0688 Sfmt 6333 E:\BR09\H25MR9.001 H25MR9 erowe on DSK5CLS3C1PROD with BOUND RECORD March 25, 2009 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 7 8613 areas designated by this subtitle by purchase, or heard from areas within a wilderness area with Big Jacks Creek upstream to the east donation, or exchange. designated by this subtitle shall not preclude the boundary of sec. 18, T. 10 S., R. 4 E., Boise Me- (B) INCORPORATION OF ACQUIRED LAND.—Any conduct of those activities or uses outside the ridian, to be administered by the Secretary of land or interest in land in, or adjoining the boundary of the wilderness area. the Interior as a wild river. boundary of, a wilderness area designated by (11) MILITARY OVERFLIGHTS.—Nothing in this ‘‘(188) JARBIDGE RIVER, IDAHO.—The 28.8 miles this subtitle that is acquired by the United subtitle restricts or precludes— of the Jarbidge River from the confluence with States shall be added to, and administered as (A) low-level overflights of military aircraft the West Fork Bruneau River to the upstream part of, the wilderness area in which the ac- over the areas designated as wilderness by this boundary of the Bruneau-Jarbidge Rivers Wil- quired land or interest in land is located. subtitle, including military overflights that can derness, to be administered by the Secretary of (5) TRAIL PLAN.— be seen or heard within the wilderness areas; the Interior as a wild river. (A) IN GENERAL.—The Secretary, after pro- (B) flight testing and evaluation; or ‘‘(189) LITTLE JACKS CREEK, IDAHO.—The 12.4 viding opportunities for public comment, shall (C) the designation or creation of new units of miles of Little Jacks Creek from the downstream establish a trail plan that addresses hiking and special use airspace, or the establishment of boundary of the Little Jacks Creek Wilderness, equestrian trails on the land designated as wil- military flight training routes, over the wilder- upstream to the mouth of OX Prong Creek, to be derness by this subtitle, in a manner consistent ness areas. administered by the Secretary of the Interior as with the Wilderness Act (16 U.S.C. 1131 et seq.). (12) WATER RIGHTS.— a wild river. (B) REPORT.—Not later than 2 years after the (A) IN GENERAL.—The designation of areas as ‘‘(190) NORTH FORK OWYHEE RIVER, IDAHO.— date of enactment of this Act, the Secretary wilderness by subsection (a) shall not create an The following segments of the North Fork of the shall submit to Congress a report that describes express or implied reservation by the United Owyhee River, to be administered by the Sec- the implementation of the trail plan. States of any water or water rights for wilder- retary of the Interior: (6) OUTFITTING AND GUIDE ACTIVITIES.—Con- ness purposes with respect to such areas. ‘‘(A) The 5.7-mile segment from the Idaho-Or- sistent with section 4(d)(5) of the Wilderness Act (B) EXCLUSIONS.—This paragraph does not egon State border to the upstream boundary of (16 U.S.C. 1133(d)(5)), commercial services (in- apply to any components of the National Wild the private land at the Juniper Mt. Road cross- cluding authorized outfitting and guide activi- and Scenic Rivers System designated by section ing, as a recreational river. ties) are authorized in wilderness areas des- 1504. ‘‘(B) The 15.1-mile segment from the upstream ignated by this subtitle to the extent necessary SEC. 1504. DESIGNATION OF WILD AND SCENIC boundary of the North Fork Owyhee River rec- for activities that fulfill the recreational or RIVERS. reational segment designated in paragraph (A) other wilderness purposes of the areas. (a) IN GENERAL.—Section 3(a) of the Wild and to the upstream boundary of the North Fork (7) ACCESS TO PRIVATE PROPERTY.—In accord- Scenic Rivers Act (16 U.S.C. 1274(a)) (as amend- Owyhee River Wilderness, as a wild river. ance with section 5(a) of the Wilderness Act (16 ed by section 1203(a)(1)) is amended by adding ‘‘(191) OWYHEE RIVER, IDAHO.— ‘‘(A) IN GENERAL.—Subject to subparagraph U.S.C. 1134(a)), the Secretary shall provide any at the end the following: (B), the 67.3 miles of the Owyhee River from the owner of private property within the boundary ‘‘(180) BATTLE CREEK, IDAHO.—The 23.4 miles of a wilderness area designated by this subtitle of Battle Creek from the confluence of the Idaho-Oregon State border to the upstream adequate access to the property. Owyhee River to the upstream boundary of the boundary of the Owyhee River Wilderness, to be ISH AND WILDLIFE.— (8) F Owyhee River Wilderness, to be administered by administered by the Secretary of the Interior as (A) IN GENERAL.—Nothing in this subtitle af- the Secretary of the Interior as a wild river. a wild river. fects the jurisdiction of the State with respect to ‘‘(B) ACCESS.—The Secretary of the Interior ‘‘(181) BIG JACKS CREEK, IDAHO.—The 35.0 fish and wildlife on public land in the State. shall allow for continued access across the miles of Big Jacks Creek from the downstream (B) MANAGEMENT ACTIVITIES.— Owyhee River at Crutchers Crossing, subject to border of the Big Jacks Creek Wilderness in sec. (i) IN GENERAL.—In furtherance of the pur- such terms and conditions as the Secretary of 8, T. 8 S., R. 4 E., to the point at which it enters poses and principles of the Wilderness Act (16 the Interior determines to be necessary. the NW 1⁄4 of sec. 26, T. 10 S., R. 2 E., Boise Me- U.S.C. 1131 et seq.), the Secretary may conduct ‘‘(192) RED CANYON, IDAHO.—The 4.6 miles of any management activities that are necessary to ridian, to be administered by the Secretary of Red Canyon from the confluence of the Owyhee maintain or restore fish and wildlife populations the Interior as a wild river. River to the upstream boundary of the Owyhee RUNEAU RIVER, IDAHO.— and habitats in the wilderness areas designated ‘‘(182) B River Wilderness, to be administered by the Sec- ‘‘(A) IN GENERAL.—Except as provided in sub- by this subtitle, if the management activities retary of the Interior as a wild river. paragraph (B), the 39.3-mile segment of the are— ‘‘(193) SHEEP CREEK, IDAHO.—The 25.6 miles of (I) consistent with relevant wilderness man- Bruneau River from the downstream boundary Sheep Creek from the confluence with the agement plans; and of the Bruneau-Jarbidge Wilderness to the up- Bruneau River to the upstream boundary of the (II) conducted in accordance with appropriate stream confluence with the west fork of the Bruneau-Jarbidge Rivers Wilderness, to be ad- policies, such as the policies established in Ap- Bruneau River, to be administered by the Sec- ministered by the Secretary of the Interior as a pendix B of House Report 101–405. retary of the Interior as a wild river. wild river. (ii) INCLUSIONS.—Management activities under ‘‘(B) EXCEPTION.—Notwithstanding subpara- ‘‘(194) SOUTH FORK OWYHEE RIVER, IDAHO.— clause (i) may include the occasional and tem- graph (A), the 0.6-mile segment of the Bruneau ‘‘(A) IN GENERAL.—Except as provided in sub- porary use of motorized vehicles, if the use, as River at the Indian Hot Springs public road ac- paragraph (B), the 31.4-mile segment of the determined by the Secretary, would promote cess shall be administered by the Secretary of South Fork of the Owyhee River upstream from healthy, viable, and more naturally distributed the Interior as a recreational river. the confluence with the Owyhee River to the wildlife populations that would enhance wilder- ‘‘(183) WEST FORK BRUNEAU RIVER, IDAHO.— upstream boundary of the Owyhee River Wilder- ness values while causing the minimum impact The approximately 0.35 miles of the West Fork ness at the Idaho–Nevada State border, to be ad- necessary to accomplish those tasks. of the Bruneau River from the confluence with ministered by the Secretary of the Interior as a (C) EXISTING ACTIVITIES.—Consistent with sec- the Jarbidge River to the downstream boundary wild river. tion 4(d)(1) of the Wilderness Act (16 U.S.C. of the Bruneau Canyon Grazing Allotment in ‘‘(B) EXCEPTION.—Notwithstanding subpara- 1133(d)(1)) and in accordance with appropriate the SE/NE of sec. 5, T. 13 S., R. 7 E., Boise Me- graph (A), the 1.2-mile segment of the South policies, such as those established in Appendix ridian, to be administered by the Secretary of Fork of the Owyhee River from the point at B of House Report 101–405, the State may use the Interior as a wild river. which the river enters the southernmost bound- aircraft (including helicopters) in the wilderness ‘‘(184) COTTONWOOD CREEK, IDAHO.—The 2.6 ary to the point at which the river exits the areas designated by this subtitle to survey, cap- miles of Cottonwood Creek from the confluence northernmost boundary of private land in sec. ture, transplant, monitor, and provide water for with Big Jacks Creek to the upstream boundary 25 and 26, T. 14 S., R. 5 W., Boise Meridian, wildlife populations, including bighorn sheep, of the Big Jacks Creek Wilderness, to be admin- shall be administered by the Secretary of the In- and feral stock, feral horses, and feral burros. istered by the Secretary of the Interior as a wild terior as a recreational river. (9) WILDFIRE, INSECT, AND DISEASE MANAGE- river. ‘‘(195) WICKAHONEY CREEK, IDAHO.—The 1.5 MENT.—Consistent with section 4(d)(1) of the ‘‘(185) DEEP CREEK, IDAHO.—The 13.1-mile seg- miles of Wickahoney Creek from the confluence Wilderness Act (16 U.S.C. 1133(d)(1)), the Sec- ment of Deep Creek from the confluence with of Big Jacks Creek to the upstream boundary of retary may take any measures that the Sec- the Owyhee River to the upstream boundary of the Big Jacks Creek Wilderness, to be adminis- retary determines to be necessary to control fire, the Owyhee River Wilderness in sec. 30, T. 12 S., tered by the Secretary of the Interior as a wild insects, and diseases, including, as the Secretary R. 2 W., Boise Meridian, to be administered by river.’’. determines appropriate, the coordination of the Secretary of the Interior as a wild river. (b) BOUNDARIES.—Notwithstanding section those activities with a State or local agency. ‘‘(186) DICKSHOOTER CREEK, IDAHO.—The 9.25 3(b) of the Wild and Scenic Rivers Act (16 U.S.C. (10) ADJACENT MANAGEMENT.— miles of Dickshooter Creek from the confluence 1274(b)), the boundary of a river segment des- (A) IN GENERAL.—The designation of a wilder- with Deep Creek to a point on the stream 1⁄4 mile ignated as a component of the National Wild ness area by this subtitle shall not create any due west of the east boundary of sec. 16, T. 12 and Scenic Rivers System under this subtitle protective perimeter or buffer zone around the S., R. 2 W., Boise Meridian, to be administered shall extend not more than the shorter of— wilderness area. by the Secretary of the Interior as a wild river. (1) an average distance of 1⁄4 mile from the (B) NONWILDERNESS ACTIVITIES.—The fact ‘‘(187) DUNCAN CREEK, IDAHO.—The 0.9-mile high water mark on both sides of the river seg- that nonwilderness activities or uses can be seen segment of Duncan Creek from the confluence ment; or

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(2) the distance to the nearest confined can- (c) LIMITATION TO DESIGNATED ROUTES.— subtitle and the Wilderness Act (16 U.S.C. 1131 yon rim. (1) IN GENERAL.—Except as provided in para- et seq.), except that— (c) LAND ACQUISITION.—The Secretary shall graph (2), the plan shall limit recreational mo- (A) any reference in the Wilderness Act to the not acquire any private land within the exterior torized and mechanized off-highway vehicle use effective date of that Act shall be considered to boundary of a wild and scenic river corridor to a system of designated roads and trails estab- be a reference to the date of enactment of this without the consent of the owner. lished by the plan. Act; and SEC. 1505. LAND IDENTIFIED FOR DISPOSAL. (2) EXCEPTION.—Paragraph (1) shall not (B) any reference in the Wilderness Act to the (a) IN GENERAL.—Consistent with applicable apply to snowmobiles. Secretary of Agriculture shall be considered to law, the Secretary may sell public land located (d) TEMPORARY LIMITATION.— be a reference to the Secretary of the Interior. within the Boise District of the Bureau of Land (1) IN GENERAL.—Except as provided in para- (2) INCORPORATION OF ACQUIRED LAND AND IN- Management that, as of July 25, 2000, has been graph (2), until the date on which the Secretary TERESTS.—Any land or interest in land within identified for disposal in appropriate resource completes the plan, all recreational motorized the boundary of the Sabinoso Wilderness that is management plans. and mechanized off-highway vehicle use shall acquired by the United States shall— (b) USE OF PROCEEDS.— be limited to roads and trails lawfully in exist- (A) become part of the Sabinoso Wilderness; (1) IN GENERAL.—Notwithstanding any other ence on the day before the date of enactment of and provision of law (other than a law that specifi- this Act. (B) be managed in accordance with this sub- cally provides for a proportion of the proceeds of (2) EXCEPTION.—Paragraph (1) shall not title and any other laws applicable to the a land sale to be distributed to any trust fund apply to— Sabinoso Wilderness. of the State), proceeds from the sale of public (A) snowmobiles; or (3) GRAZING.—The grazing of livestock in the land under subsection (a) shall be deposited in (B) areas specifically identified as open, Sabinoso Wilderness, if established before the a separate account in the Treasury of the closed, or limited in the Owyhee Resource Man- date of enactment of this Act, shall be adminis- United States to be known as the ‘‘Owyhee agement Plan. tered in accordance with— Land Acquisition Account’’. (e) SCHEDULE.— (A) section 4(d)(4) of the Wilderness Act (16 (2) AVAILABILITY.— (1) OWYHEE FRONT.—It is the intent of Con- U.S.C. 1133(d)(4)); and (A) IN GENERAL.—Amounts in the account gress that, not later than 1 year after the date (B) the guidelines set forth in Appendix A of shall be available to the Secretary, without fur- of enactment of this Act, the Secretary shall the report of the Committee on Interior and In- ther appropriation, to purchase land or interests complete a transportation plan for the Owyhee sular Affairs of the House of Representatives ac- in land in, or adjacent to, the wilderness areas Front. companying H.R. 2570 of the 101st Congress (H. designated by this subtitle, including land iden- (2) OTHER BUREAU OF LAND MANAGEMENT Rept. 101–405). tified as ‘‘Proposed for Acquisition’’ on the LAND IN THE COUNTY.—It is the intent of Con- (4) FISH AND WILDLIFE.—In accordance with maps described in section 1503(a)(1). gress that, not later than 3 years after the date section 4(d)(7) of the Wilderness Act (16 U.S.C. (B) APPLICABLE LAW.—Any purchase of land of enactment of this Act, the Secretary shall 1133(d)(7)), nothing in this subtitle affects the or interest in land under subparagraph (A) shall complete a transportation plan for Bureau of jurisdiction of the State with respect to fish and be in accordance with applicable law. Land Management land in the County outside wildlife in the State. (3) APPLICABILITY.—This subsection applies to the Owyhee Front. (5) ACCESS.— (A) IN GENERAL.—In accordance with section public land within the Boise District of the Bu- SEC. 1508. AUTHORIZATION OF APPROPRIATIONS. reau of Land Management sold on or after Jan- 5(a) of the Wilderness Act (16 U.S.C. 1134(a)), There are authorized to be appropriated such the Secretary shall continue to allow private uary 1, 2008. sums as are necessary to carry out this subtitle. (4) ADDITIONAL AMOUNTS.—If necessary, the landowners adequate access to inholdings in the Secretary may use additional amounts appro- Subtitle G—Sabinoso Wilderness, New Mexico Sabinoso Wilderness. priated to the Department of the Interior, sub- SEC. 1601. DEFINITIONS. (B) CERTAIN LAND.—For access purposes, pri- ject to applicable reprogramming guidelines. In this subtitle: vate land within T. 16 N., R. 23 E., secs. 17 and 1 (c) TERMINATION OF AUTHORITY.— (1) MAP.—The term ‘‘map’’ means the map en- 20 and the N ⁄2 of sec. 21, N.M.M., shall be man- (1) IN GENERAL.—The authority provided titled ‘‘Sabinoso Wilderness’’ and dated Sep- aged as an inholding in the Sabinoso Wilder- under this section terminates on the earlier of— tember 8, 2008. ness. (A) the date that is 10 years after the date of (2) SECRETARY.—The term ‘‘Secretary’’ means (d) WITHDRAWAL.—Subject to valid existing enactment of this Act; or the Secretary of the Interior. rights, the land generally depicted on the map (B) the date on which a total of $8,000,000 (3) STATE.—The term ‘‘State’’ means the State as ‘‘Lands Withdrawn From Mineral Entry’’ from the account is expended. of New Mexico. and ‘‘Lands Released From Wilderness Study Area & Withdrawn From Mineral Entry’’ is (2) AVAILABILITY OF AMOUNTS.—Any amounts SEC. 1602. DESIGNATION OF THE SABINOSO WIL- remaining in the account on the termination of DERNESS. withdrawn from— (1) all forms of entry, appropriation, and dis- authority under this section shall be— (a) IN GENERAL.—In furtherance of the pur- (A) credited as sales of public land in the poses of the Wilderness Act (16 U.S.C. 1131 et posal under the public land laws, except dis- State; seq.), the approximately 16,030 acres of land posal by exchange in accordance with section (B) transferred to the Federal Land Disposal under the jurisdiction of the Taos Field Office 206 of the Federal Land Policy and Manage- Account established under section 206(a) of the Bureau of Land Management, New Mexico, as ment Act of 1976 (43 U.S.C. 1716); Federal Land Transaction Facilitation Act (43 generally depicted on the map, is designated as (2) location, entry, and patent under the min- U.S.C. 2305(a)); and wilderness and as a component of the National ing laws; and (3) operation of the mineral materials and geo- (C) used in accordance with that subtitle. Wilderness Preservation System, to be known as thermal leasing laws. SEC. 1506. TRIBAL CULTURAL RESOURCES. the ‘‘Sabinoso Wilderness’’. (e) RELEASE OF WILDERNESS STUDY AREAS.— (a) COORDINATION.—The Secretary shall co- (b) MAP AND LEGAL DESCRIPTION.— Congress finds that, for the purposes of section ordinate with the Tribes in the implementation (1) IN GENERAL.—As soon as practicable after 603(c) of the Federal Land Policy and Manage- of the Shoshone Paiute Cultural Resource Pro- the date of enactment of this Act, the Secretary ment Act of 1976 (43 U.S.C. 1782(c)), the public tection Plan. shall file a map and a legal description of the lands within the Sabinoso Wilderness Study (b) AGREEMENTS.—The Secretary shall seek to Sabinoso Wilderness with— Area not designated as wilderness by this sub- enter into agreements with the Tribes to imple- (A) the Committee on Energy and Natural Re- title— ment the Shoshone Paiute Cultural Resource sources of the Senate; and (1) have been adequately studied for wilder- Protection Plan to protect cultural sites and re- (B) the Committee on Natural Resources of the ness designation and are no longer subject to sources important to the continuation of the tra- House of Representatives. section 603(c) of the Federal Land Policy and ditions and beliefs of the Tribes. (2) FORCE OF LAW.—The map and legal de- Management Act of 1976 (43 U.S.C. 1782(c)); and scription filed under paragraph (1) shall have SEC. 1507. RECREATIONAL TRAVEL MANAGEMENT (2) shall be managed in accordance with ap- PLANS. the same force and effect as if included in this plicable law (including subsection (d)) and the (a) IN GENERAL.—In accordance with the Fed- subtitle, except that the Secretary may correct land use management plan for the surrounding eral Land Policy and Management Act of 1976 any clerical and typographical errors in the area. (43 U.S.C. 1701 et seq.), the Secretary shall, in map and legal description. coordination with the Tribes, State, and Coun- (3) PUBLIC AVAILABILITY.—The map and legal Subtitle H—Pictured Rocks National ty, prepare 1 or more travel management plans description filed under paragraph (1) shall be on Lakeshore Wilderness for motorized and mechanized off-highway vehi- file and available for public inspection in the SEC. 1651. DEFINITIONS. cle recreation for the land managed by the Bu- appropriate offices of the Bureau of Land Man- In this subtitle: reau of Land Management in the County. agement. (1) LINE OF DEMARCATION.—The term ‘‘line of (b) INVENTORY.—Before preparing the plan (c) ADMINISTRATION OF WILDERNESS.— demarcation’’ means the point on the bank or under subsection (a), the Secretary shall con- (1) IN GENERAL.—Subject to valid existing shore at which the surface waters of Lake Supe- duct resource and route inventories of the area rights, the Sabinoso Wilderness shall be admin- rior meet the land or sand beach, regardless of covered by the plan. istered by the Secretary in accordance with this the level of Lake Superior.

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(2) MAP.—The term ‘‘map’’ means the map en- (1) DISTRICT.—The term ‘‘District’’ means the (B) incorporated into the Oregon Badlands titled ‘‘Pictured Rocks National Lakeshore Bea- Central Oregon Irrigation District. Wilderness. ver Basin Wilderness Boundary’’, numbered 625/ (2) SECRETARY.—The term ‘‘Secretary’’ means (d) MAP AND LEGAL DESCRIPTION.— 80,051, and dated April 16, 2007. the Secretary of the Interior. (1) IN GENERAL.—As soon as practicable after (3) NATIONAL LAKESHORE.—The term ‘‘Na- (3) STATE.—The term ‘‘State’’ means the State the date of enactment of this Act, the Secretary tional Lakeshore’’ means the Pictured Rocks of Oregon. shall file a map and legal description of the Or- National Lakeshore. (4) WILDERNESS MAP.—The term ‘‘wilderness egon Badlands Wilderness with— (4) SECRETARY.—The term ‘‘Secretary’’ means map’’ means the map entitled ‘‘Badlands Wil- (A) the Committee on Energy and Natural Re- the Secretary of the Interior. derness’’ and dated September 3, 2008. sources of the Senate; and (5) WILDERNESS.—The term ‘‘Wilderness’’ SEC. 1702. OREGON BADLANDS WILDERNESS. (B) the Committee on Natural Resources of the means the Beaver Basin Wilderness designated (a) DESIGNATION.—In accordance with the House of Representatives. by section 1652(a). Wilderness Act (16 U.S.C. 1131 et seq.), the ap- (2) FORCE OF LAW.—The map and legal de- proximately 29,301 acres of Bureau of Land scription filed under paragraph (1) shall have SEC. 1652. DESIGNATION OF BEAVER BASIN WIL- DERNESS. Management land in the State, as generally de- the same force and effect as if included in this picted on the wilderness map, is designated as (a) IN GENERAL.—In accordance with the Wil- subtitle, except that the Secretary may correct derness Act (16 U.S.C. 1131 et seq.), the land de- wilderness and as a component of the National typographical errors in the map and legal de- Wilderness Preservation System, to be known as scribed in subsection (b) is designated as wilder- scription. the ‘‘Oregon Badlands Wilderness’’. UBLIC AVAILABILITY.—The map and legal ness and as a component of the National Wil- (3) P (b) ADMINISTRATION OF WILDERNESS.— description filed under paragraph (1) shall be on derness Preservation System, to be known as the (1) IN GENERAL.—Subject to valid existing file and available for public inspection in the ‘‘Beaver Basin Wilderness’’. rights, the Oregon Badlands Wilderness shall be appropriate offices of the Bureau of Land Man- (b) DESCRIPTION OF LAND.—The land referred administered by the Secretary in accordance agement. to in subsection (a) is the land and inland water with the Wilderness Act (16 U.S.C. 1131 et seq.), comprising approximately 11,740 acres within SEC. 1703. RELEASE. except that— (a) FINDING.—Congress finds that, for the the National Lakeshore, as generally depicted (A) any reference in the Wilderness Act to the purposes of section 603(c) of the Federal Land on the map. effective date of that Act shall be considered to Policy and Management Act of 1976 (43 U.S.C. (c) BOUNDARY.— be a reference to the date of enactment of this 1782(c)), the portions of the Badlands wilderness (1) LINE OF DEMARCATION.—The line of demar- Act; and study area that are not designated as the Or- cation shall be the boundary for any portion of (B) any reference in the Wilderness Act to the egon Badlands Wilderness or as potential wil- the Wilderness that is bordered by Lake Supe- Secretary of Agriculture shall be considered to derness have been adequately studied for wil- rior. be a reference to the Secretary of the Interior. (2) SURFACE WATER.—The surface water of (2) INCORPORATION OF ACQUIRED LAND AND IN- derness or potential wilderness designation. (b) RELEASE.—Any public land described in Lake Superior, regardless of the fluctuating lake TERESTS.—Any land or interest in land within level, shall be considered to be outside the the boundary of the Oregon Badlands Wilder- subsection (a) that is not designated as wilder- boundary of the Wilderness. ness that is acquired by the United States ness by this subtitle— (1) is no longer subject to section 603(c) of the (d) MAP AND LEGAL DESCRIPTION.— shall— (1) AVAILABILITY OF MAP.—The map shall be (A) become part of the Oregon Badlands Wil- Federal Land Policy and Management Act of on file and available for public inspection in the derness; and 1976 (43 U.S.C. 1782(c)); and appropriate offices of the National Park Service. (B) be managed in accordance with this sub- (2) shall be managed in accordance with the applicable land use plan adopted under section (2) LEGAL DESCRIPTION.—As soon as prac- title, the Wilderness Act (16 U.S.C. 1131 et seq.), ticable after the date of enactment of this Act, and any other applicable law. 202 of that Act (43 U.S.C. 1712). the Secretary shall submit to the Committee on (3) GRAZING.—The grazing of livestock in the SEC. 1704. LAND EXCHANGES. Energy and Natural Resources of the Senate Oregon Badlands Wilderness, if established be- (a) CLARNO LAND EXCHANGE.— and the Committee on Natural Resources of the fore the date of enactment of this Act, shall be (1) CONVEYANCE OF LAND.—Subject to sub- House of Representatives a legal description of permitted to continue subject to such reasonable sections (c) through (e), if the landowner offers the boundary of the Wilderness. regulations as are considered necessary by the to convey to the United States all right, title, (3) FORCE AND EFFECT.—The map and the Secretary in accordance with— and interest of the landowner in and to the legal description submitted under paragraph (2) (A) section 4(d)(4) of the Wilderness Act (16 non-Federal land described in paragraph (2)(A), shall have the same force and effect as if in- U.S.C. 1133(d)(4)); and the Secretary shall— cluded in this subtitle, except that the Secretary (B) the guidelines set forth in Appendix A of (A) accept the offer; and (B) on receipt of acceptable title to the non- may correct any clerical or typographical errors the report of the Committee on Interior and In- Federal land, convey to the Landowner all in the map and legal description. sular Affairs of the House of Representatives ac- companying H.R. 2570 of the 101st Congress (H. right, title, and interest of the United States in SEC. 1653. ADMINISTRATION. Rept. 101–405). and to the Federal land described in paragraph (a) MANAGEMENT.—Subject to valid existing (4) ACCESS TO PRIVATE PROPERTY.—In accord- (2)(B). rights, the Wilderness shall be administered by ance with section 5(a) of the Wilderness Act (16 (2) DESCRIPTION OF LAND.— the Secretary in accordance with the Wilderness U.S.C. 1134(a)), the Secretary shall provide any (A) NON-FEDERAL LAND.—The non-Federal Act (16 U.S.C. 1131 et seq.), except that— owner of private property within the boundary land referred to in paragraph (1) is the approxi- (1) any reference in that Act to the effective of the Oregon Badlands Wilderness adequate mately 239 acres of non-Federal land identified date of that Act shall be considered to be a ref- access to the property. on the wilderness map as ‘‘Clarno to Federal erence to the date of enactment of this Act; and (c) POTENTIAL WILDERNESS.— Government’’. (2) with respect to land administered by the (1) IN GENERAL.—In furtherance of the pur- (B) FEDERAL LAND.—The Federal land re- Secretary, any reference in that Act to the Sec- poses of the Wilderness Act (16 U.S.C. 1131 et ferred to in paragraph (1)(B) is the approxi- retary of Agriculture shall be considered to be a seq.), a corridor of certain Federal land man- mately 209 acres of Federal land identified on reference to the Secretary. aged by the Bureau of Land Management with the wilderness map as ‘‘Federal Government to (b) USE OF ELECTRIC MOTORS.—The use of a width of 25 feet, as generally depicted on the Clarno’’. boats powered by electric motors on Little Bea- wilderness map as ‘‘Potential Wilderness’’, is (3) SURVEYS.—The exact acreage and legal de- ver and Big Beaver Lakes may continue, subject designated as potential wilderness. scription of the Federal land and non-Federal to any applicable laws (including regulations). (2) INTERIM MANAGEMENT.—The potential wil- land described in paragraph (2) shall be deter- SEC. 1654. EFFECT. derness designated by paragraph (1) shall be mined by surveys approved by the Secretary. Nothing in this subtitle— managed in accordance with the Wilderness Act (b) DISTRICT EXCHANGE.— (1) modifies, alters, or affects any treaty (16 U.S.C. 1131 et seq.), except that the Sec- (1) CONVEYANCE OF LAND.—Subject to sub- rights; retary may allow nonconforming uses that are sections (c) through (e), if the District offers to (2) alters the management of the water of authorized and in existence on the date of en- convey to the United States all right, title, and Lake Superior within the boundary of the Pic- actment of this Act to continue in the potential interest of the District in and to the non-Federal tured Rocks National Lakeshore in existence on wilderness. land described in paragraph (2)(A), the Sec- the date of enactment of this Act; or (3) DESIGNATION AS WILDERNESS.—On the date retary shall— (3) prohibits— on which the Secretary publishes in the Federal (A) accept the offer; and (A) the use of motors on the surface water of Register notice that any nonconforming uses in (B) on receipt of acceptable title to the non- Lake Superior adjacent to the Wilderness; or the potential wilderness designated by para- Federal land, convey to the District all right, (B) the beaching of motorboats at the line of graph (1) that are permitted under paragraph title, and interest of the United States in and to demarcation. (2) have terminated, the potential wilderness the Federal land described in paragraph (2)(B). shall be— (2) DESCRIPTION OF LAND.— Subtitle I—Oregon Badlands Wilderness (A) designated as wilderness and as a compo- (A) NON-FEDERAL LAND.—The non-Federal SEC. 1701. DEFINITIONS. nent of the National Wilderness Preservation land referred to in paragraph (1) is the approxi- In this subtitle: System; and mately 527 acres of non-Federal land identified

VerDate Mar 15 2010 12:18 Aug 01, 2011 Jkt 079102 PO 00000 Frm 00033 Fmt 0688 Sfmt 6333 E:\BR09\H25MR9.001 H25MR9 erowe on DSK5CLS3C1PROD with BOUND RECORD 8616 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 7 March 25, 2009 on the wilderness map as ‘‘COID to Federal of any Indian tribe, including the off-reserva- Policy and Management Act of 1976 (43 U.S.C. Government’’. tion reserved rights secured by the Treaty with 1782(c)), the portions of the Spring Basin wilder- (B) FEDERAL LAND.—The Federal land re- the Tribes and Bands of Middle Oregon of June ness study area that are not designated by sec- ferred to in paragraph (1)(B) is the approxi- 25, 1855 (12 Stat. 963). tion 1752(a) as the Spring Basin Wilderness in mately 697 acres of Federal land identified on Subtitle J—Spring Basin Wilderness, Oregon the following areas have been adequately stud- the wilderness map as ‘‘Federal Government to SEC. 1751. DEFINITIONS. ied for wilderness designation: COID’’. 1 1 In this subtitle: (1) T. 8 S., R. 19 E., sec. 10, NE ⁄4, W ⁄2. (3) SURVEYS.—The exact acreage and legal de- 1 1 (1) SECRETARY.—The term ‘‘Secretary’’ means (2) T. 8 S., R.19 E., sec. 25, SE ⁄4, SE ⁄4. scription of the Federal land and non-Federal 1 1 the Secretary of the Interior. (3) T. 8 S., R. 20 E., sec. 19, SE ⁄4, S ⁄2 of the land described in paragraph (2) shall be deter- 1 (2) STATE.—The term ‘‘State’’ means the State S ⁄2. mined by surveys approved by the Secretary. of Oregon. (b) RELEASE.—Any public land described in (c) APPLICABLE LAW.—Except as otherwise (3) TRIBES.—The term ‘‘Tribes’’ means the subsection (a) that is not designated as wilder- provided in this section, the Secretary shall Confederated Tribes of the Warm Springs Res- ness by this subtitle— carry out the land exchanges under this section ervation of Oregon. (1) is no longer subject to section 603(c) of the in accordance with section 206 of the Federal (4) WILDERNESS MAP.—The term ‘‘wilderness Federal Land Policy and Management Act of Land Policy and Management Act of 1976 (43 map’’ means the map entitled ‘‘Spring Basin 1976 (43 U.S.C. 1782(c)); and U.S.C. 1716). Wilderness with Land Exchange Proposals’’ and (2) shall be managed in accordance with the (d) VALUATION, APPRAISALS, AND EQUALI- dated September 3, 2008. applicable land use plan adopted under section ZATION.— 202 of that Act (43 U.S.C. 1712). (1) IN GENERAL.—The value of the Federal SEC. 1752. SPRING BASIN WILDERNESS. SEC. 1754. LAND EXCHANGES. land and the non-Federal land to be conveyed (a) DESIGNATION.—In accordance with the (a) CONFEDERATED TRIBES OF THE WARM in a land exchange under this section— Wilderness Act (16 U.S.C. 1131 et seq.), the ap- (A) shall be equal, as determined by apprais- proximately 6,382 acres of Bureau of Land Man- SPRINGS RESERVATION LAND EXCHANGE.— als conducted in accordance with paragraph (2); agement land in the State, as generally depicted (1) CONVEYANCE OF LAND.—Subject to sub- or on the wilderness map, is designated as wilder- sections (e) through (g), if the Tribes offer to (B) if not equal, shall be equalized in accord- ness and as a component of the National Wil- convey to the United States all right, title, and ance with paragraph (3). derness Preservation System, to be known as the interest of the Tribes in and to the non-Federal (2) APPRAISALS.— ‘‘Spring Basin Wilderness’’. land described in paragraph (2)(A), the Sec- (A) IN GENERAL.—The Federal land and the (b) ADMINISTRATION OF WILDERNESS.— retary shall— non-Federal land to be exchanged under this (1) IN GENERAL.—Subject to valid existing (A) accept the offer; and section shall be appraised by an independent, rights, the Spring Basin Wilderness shall be ad- (B) on receipt of acceptable title to the non- qualified appraiser that is agreed to by the Sec- ministered by the Secretary in accordance with Federal land, convey to the Tribes all right, retary and the owner of the non-Federal land to the Wilderness Act (16 U.S.C. 1131 et seq.), ex- title, and interest of the United States in and to be exchanged. cept that— the Federal land described in paragraph (2)(B). (B) REQUIREMENTS.—An appraisal under sub- (A) any reference in the Wilderness Act to the (2) DESCRIPTION OF LAND.— paragraph (A) shall be conducted in accordance effective date of that Act shall be considered to (A) NON-FEDERAL LAND.—The non-Federal with— be a reference to the date of enactment of this land referred to in paragraph (1) is the approxi- (i) the Uniform Appraisal Standards for Fed- Act; and mately 4,480 acres of non-Federal land identi- eral Land Acquisitions; and (B) any reference in the Wilderness Act to the fied on the wilderness map as ‘‘Lands proposed (ii) the Uniform Standards of Professional Ap- Secretary of Agriculture shall be considered to for transfer from the CTWSIR to the Federal praisal Practice. be a reference to the Secretary of the Interior. Government’’. QUALIZATION (3) E .— (2) INCORPORATION OF ACQUIRED LAND AND IN- (B) FEDERAL LAND.—The Federal land re- (A) IN GENERAL.—If the value of the Federal TERESTS.—Any land or interest in land within ferred to in paragraph (1)(B) is the approxi- land and the non-Federal land to be conveyed the boundary of the Spring Basin Wilderness mately 4,578 acres of Federal land identified on in a land exchange under this section is not that is acquired by the United States shall— the wilderness map as ‘‘Lands proposed for equal, the value may be equalized by— (A) become part of the Spring Basin Wilder- transfer from the Federal Government to (i) making a cash equalization payment to the ness; and CTWSIR’’. Secretary or to the owner of the non-Federal (B) be managed in accordance with this Act, (3) SURVEYS.—The exact acreage and legal de- land, as appropriate, in accordance with section the Wilderness Act (16 U.S.C. 1131 et seq.), and scription of the Federal land and non-Federal 206(b) of the Federal Land Policy and Manage- any other applicable law. land described in paragraph (2) shall be deter- ment Act of 1976 (43 U.S.C. 1716(b)); or (3) GRAZING.—The grazing of livestock in the mined by surveys approved by the Secretary. (ii) reducing the acreage of the Federal land Spring Basin Wilderness, if established before (4) WITHDRAWAL.—Subject to valid existing or the non-Federal land to be exchanged, as ap- the date of enactment of this Act, shall be per- rights, the land acquired by the Secretary under propriate. this subsection is withdrawn from all forms of— (B) CASH EQUALIZATION PAYMENTS.—Any cash mitted to continue subject to such reasonable equalization payments received by the Secretary regulations as are considered necessary by the (A) entry, appropriation, or disposal under under subparagraph (A)(i) shall be— Secretary, in accordance with— the public land laws; (i) deposited in the Federal Land Disposal Ac- (A) section 4(d)(4) of the Wilderness Act (16 (B) location, entry, and patent under the min- count established by section 206(a) of the Fed- U.S.C. 1133(d)(4)); and ing laws; and eral Land Transaction Facilitation Act (43 (B) the guidelines set forth in Appendix A of (C) disposition under any law relating to min- U.S.C. 2305(a)); and the report of the Committee on Interior and In- eral and geothermal leasing or mineral mate- (ii) used in accordance with that Act. sular Affairs of the House of Representatives ac- rials. (e) CONDITIONS OF EXCHANGE.— companying H.R. 2570 of the 101st Congress (H. (b) MCGREER LAND EXCHANGE.— (1) IN GENERAL.—The land exchanges under Rept. 101–405). (1) CONVEYANCE OF LAND.—Subject to sub- this section shall be subject to such terms and (c) MAP AND LEGAL DESCRIPTION.— sections (e) through (g), if the landowner offers conditions as the Secretary may require. (1) IN GENERAL.—As soon as practicable after to convey to the United States all right, title, (2) COSTS.—As a condition of a conveyance of the date of enactment of this Act, the Secretary and interest of the landowner in and to the Federal land and non-Federal land under this shall file a map and a legal description of the non-Federal land described in paragraph (2)(A), section, the Federal Government and the owner Spring Basin Wilderness with— the Secretary shall— of the non-Federal land shall equally share all (A) the Committee on Energy and Natural Re- (A) accept the offer; and costs relating to the land exchange, including sources of the Senate; and (B) on receipt of acceptable title to the non- the costs of appraisals, surveys, and any nec- (B) the Committee on Natural Resources of the Federal land, convey to the landowner all right, essary environmental clearances. House of Representatives. title, and interest of the United States in and to (3) VALID EXISTING RIGHTS.—The exchange of (2) FORCE OF LAW.—The map and legal de- the Federal land described in paragraph (2)(B). Federal land and non-Federal land under this scription filed under paragraph (1) shall have (2) DESCRIPTION OF LAND.— section shall be subject to any easements, rights- the same force and effect as if included in this (A) NON-FEDERAL LAND.—The non-Federal of-way, and other valid rights in existence on section, except that the Secretary may correct land referred to in paragraph (1) is the approxi- the date of enactment of this Act. any typographical errors in the map and legal mately 18 acres of non-Federal land identified (f) COMPLETION OF LAND EXCHANGE.—It is the description. on the wilderness map as ‘‘Lands proposed for intent of Congress that the land exchanges (3) PUBLIC AVAILABILITY.—The map and legal transfer from McGreer to the Federal Govern- under this section shall be completed not later description filed under paragraph (1) shall be on ment’’. than 2 years after the date of enactment of this file and available for public inspection in the (B) FEDERAL LAND.—The Federal land re- Act. appropriate offices of the Bureau of Land Man- ferred to in paragraph (1)(B) is the approxi- SEC. 1705. PROTECTION OF TRIBAL TREATY agement. mately 327 acres of Federal land identified on RIGHTS. SEC. 1753. RELEASE. the wilderness map as ‘‘Lands proposed for Nothing in this subtitle alters, modifies, en- (a) FINDING.—Congress finds that, for the transfer from the Federal Government to larges, diminishes, or abrogates the treaty rights purposes of section 603(c) of the Federal Land McGreer’’.

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(3) SURVEYS.—The exact acreage and legal de- (i) the Uniform Appraisal Standards for Fed- (A) IN GENERAL.—Certain land in the Hum- scription of the Federal land and non-Federal eral Land Acquisitions; and boldt-Toiyabe and Inyo National Forests, com- land described in paragraph (2) shall be deter- (ii) the Uniform Standards of Professional Ap- prising approximately 79,820 acres and identi- mined by surveys approved by the Secretary. praisal Practice. fied as ‘‘Hoover East Wilderness Addition,’’ (c) KEYS LAND EXCHANGE.— (3) EQUALIZATION.— ‘‘Hoover West Wilderness Addition’’, and ‘‘Big- (1) CONVEYANCE OF LAND.—Subject to sub- (A) IN GENERAL.—If the value of the Federal horn Proposed Wilderness Addition’’, as gen- sections (e) through (g), if the landowner offers land and the non-Federal land to be conveyed erally depicted on the maps described in sub- to convey to the United States all right, title, in a land exchange under this section is not paragraph (B), is incorporated in, and shall be and interest of the landowner in and to the equal, the value may be equalized by— considered to be a part of, the Hoover Wilder- non-Federal land described in paragraph (2)(A), (i) making a cash equalization payment to the ness. the Secretary shall— Secretary or to the owner of the non-Federal (B) DESCRIPTION OF MAPS.—The maps referred (A) accept the offer; and land, as appropriate, in accordance with section to in subparagraph (A) are— (B) on receipt of acceptable title to the non- 206(b) of the Federal Land Policy and Manage- (i) the map entitled ‘‘Humboldt-Toiyabe Na- Federal land, convey to the landowner all right, ment Act of 1976 (43 U.S.C. 1716(b)); or tional Forest Proposed Management’’ and dated title, and interest of the United States in and to (ii) reducing the acreage of the Federal land September 17, 2008; and the Federal land described in paragraph (2)(B). or the non-Federal land to be exchanged, as ap- (ii) the map entitled ‘‘Bighorn Proposed Wil- (2) DESCRIPTION OF LAND.— propriate. derness Additions’’ and dated September 23, (A) NON-FEDERAL LAND.—The non-Federal (B) CASH EQUALIZATION PAYMENTS.—Any cash 2008. land referred to in paragraph (1) is the approxi- equalization payments received by the Secretary (C) EFFECT.—The designation of the wilder- mately 180 acres of non-Federal land identified under subparagraph (A)(i) shall be— ness under subparagraph (A) shall not affect on the wilderness map as ‘‘Lands proposed for (i) deposited in the Federal Land Disposal Ac- the ongoing activities of the adjacent United transfer from Keys to the Federal Government’’. count established by section 206(a) of the Fed- States Marine Corps Mountain Warfare Train- (B) FEDERAL LAND.—The Federal land re- eral Land Transaction Facilitation Act (43 ing Center on land outside the designated wil- ferred to in paragraph (1)(B) is the approxi- U.S.C. 2305(a)); and derness, in accordance with the agreement be- mately 187 acres of Federal land identified on (ii) used in accordance with that Act. tween the Center and the Humboldt-Toiyabe the wilderness map as ‘‘Lands proposed for (g) CONDITIONS OF EXCHANGE.— National Forest. transfer from the Federal Government to Keys’’. (1) IN GENERAL.—The land exchanges under (2) OWENS RIVER HEADWATERS WILDERNESS.— (3) SURVEYS.—The exact acreage and legal de- this section shall be subject to such terms and Certain land in the Inyo National Forest, com- scription of the Federal land and non-Federal conditions as the Secretary may require. prising approximately 14,721 acres, as generally land described in paragraph (2) shall be deter- (2) COSTS.—As a condition of a conveyance of depicted on the map entitled ‘‘Owens River mined by surveys approved by the Secretary. Federal land and non-Federal land under this Headwaters Proposed Wilderness’’ and dated (d) BOWERMAN LAND EXCHANGE.— section, the Federal Government and the owner September 16, 2008, which shall be known as the (1) CONVEYANCE OF LAND.—Subject to sub- of the non-Federal land shall equally share all ‘‘Owens River Headwaters Wilderness’’. sections (e) through (g), if the landowner offers costs relating to the land exchange, including (3) JOHN MUIR WILDERNESS ADDITIONS.— to convey to the United States all right, title, the costs of appraisals, surveys, and any nec- (A) IN GENERAL.—Certain land in the Inyo and interest of the landowner in and to the essary environmental clearances. National Forest and certain land administered non-Federal land described in paragraph (2)(A), (3) VALID EXISTING RIGHTS.—The exchange of by the Bureau of Land Management in Inyo the Secretary shall— Federal land and non-Federal land under this County, California, comprising approximately (A) accept the offer; and section shall be subject to any easements, rights- 70,411 acres, as generally depicted on the maps (B) on receipt of acceptable title to the non- of-way, and other valid rights in existence on described in subparagraph (B), is incorporated Federal land, convey to the landowner all right, the date of enactment of this Act. in, and shall be considered to be a part of, the title, and interest of the United States in and to (h) COMPLETION OF LAND EXCHANGE.—It is John Muir Wilderness. the Federal land described in paragraph (2)(B). the intent of Congress that the land exchanges (B) DESCRIPTION OF MAPS.—The maps referred (2) DESCRIPTION OF LAND.— (A) NON-FEDERAL LAND.—The non-Federal under this section shall be completed not later to in subparagraph (A) are— land referred to in paragraph (1) is the approxi- than 2 years after the date of enactment of this (i) the map entitled ‘‘John Muir Proposed Wil- mately 32 acres of non-Federal land identified Act. derness Addition (1 of 5)’’ and dated September on the wilderness map as ‘‘Lands proposed for SEC. 1755. PROTECTION OF TRIBAL TREATY 23, 2008; transfer from Bowerman to the Federal Govern- RIGHTS. (ii) the map entitled ‘‘John Muir Proposed ment’’. Nothing in this subtitle alters, modifies, en- Wilderness Addition (2 of 5)’’ and dated Sep- (B) FEDERAL LAND.—The Federal land re- larges, diminishes, or abrogates the treaty rights tember 23, 2008; ferred to in paragraph (1)(B) is the approxi- of any Indian tribe, including the off-reserva- (iii) the map entitled ‘‘John Muir Proposed mately 24 acres of Federal land identified on the tion reserved rights secured by the Treaty with Wilderness Addition (3 of 5)’’ and dated October wilderness map as ‘‘Lands proposed for transfer the Tribes and Bands of Middle Oregon of June 31, 2008; from the Federal Government to Bowerman’’. 25, 1855 (12 Stat. 963). (iv) the map entitled ‘‘John Muir Proposed (3) SURVEYS.—The exact acreage and legal de- Subtitle K—Eastern Sierra and Northern San Wilderness Addition (4 of 5)’’ and dated Sep- scription of the Federal land and non-Federal Gabriel Wilderness, California tember 16, 2008; and (v) the map entitled ‘‘John Muir Proposed land described in paragraph (2) shall be deter- SEC. 1801. DEFINITIONS. mined by surveys approved by the Secretary. Wilderness Addition (5 of 5)’’ and dated Sep- In this subtitle: (e) APPLICABLE LAW.—Except as otherwise tember 16, 2008. (1) FOREST.—The term ‘‘Forest’’ means the provided in this section, the Secretary shall (C) BOUNDARY REVISION.—The boundary of Ancient Bristlecone Pine Forest designated by carry out the land exchanges under this section the John Muir Wilderness is revised as depicted section 1808(a). in accordance with section 206 of the Federal on the map entitled ‘‘John Muir Wilderness— (2) RECREATION AREA.—The term ‘‘Recreation Land Policy and Management Act of 1976 (43 Revised’’ and dated September 16, 2008. Area’’ means the Bridgeport Winter Recreation U.S.C. 1716). (4) ANSEL ADAMS WILDERNESS ADDITION.—Cer- Area designated by section 1806(a). (f) VALUATION, APPRAISALS, AND EQUALI- tain land in the Inyo National Forest, com- (3) SECRETARY.—The term ‘‘Secretary’’ ZATION.— prising approximately 528 acres, as generally de- means— (1) IN GENERAL.—The value of the Federal picted on the map entitled ‘‘Ansel Adams Pro- land and the non-Federal land to be conveyed (A) with respect to land under the jurisdiction posed Wilderness Addition’’ and dated Sep- in a land exchange under this section— of the Secretary of Agriculture, the Secretary of tember 16, 2008, is incorporated in, and shall be (A) shall be equal, as determined by apprais- Agriculture; and considered to be a part of, the Ansel Adams Wil- als conducted in accordance with paragraph (2); (B) with respect to land under the jurisdiction derness. or of the Secretary of the Interior, the Secretary of (5) WHITE MOUNTAINS WILDERNESS.— (B) if not equal, shall be equalized in accord- the Interior. (A) IN GENERAL.—Certain land in the Inyo ance with paragraph (3). (4) STATE.—The term ‘‘State’’ means the State National Forest and certain land administered (2) APPRAISALS.— of California. by the Bureau of Land Management in Mono (A) IN GENERAL.—The Federal land and the (5) TRAIL.—The term ‘‘Trail’’ means the Pa- County, California, comprising approximately non-Federal land to be exchanged under this cific Crest National Scenic Trail. 229,993 acres, as generally depicted on the maps section shall be appraised by an independent, SEC. 1802. DESIGNATION OF WILDERNESS AREAS. described in subparagraph (B), which shall be qualified appraiser that is agreed to by the Sec- In accordance with the Wilderness Act (16 known as the ‘‘White Mountains Wilderness’’. retary and the owner of the non-Federal land to U.S.C. 1131 et seq.), the following areas in the (B) DESCRIPTION OF MAPS.—The maps referred be exchanged. State are designated as wilderness and as com- to in subparagraph (A) are— (B) REQUIREMENTS.—An appraisal under sub- ponents of the National Wilderness Preservation (i) the map entitled ‘‘White Mountains Pro- paragraph (A) shall be conducted in accordance System: posed Wilderness-Map 1 of 2 (North)’’ and dated with— (1) HOOVER WILDERNESS ADDITIONS.— September 16, 2008; and

VerDate Mar 15 2010 12:18 Aug 01, 2011 Jkt 079102 PO 00000 Frm 00035 Fmt 0688 Sfmt 6333 E:\BR09\H25MR9.001 H25MR9 erowe on DSK5CLS3C1PROD with BOUND RECORD 8618 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 7 March 25, 2009 (ii) the map entitled ‘‘White Mountains Pro- dition designated by this subtitle as are nec- (2) subject to any terms and conditions deter- posed Wilderness-Map 2 of 2 (South)’’ and dated essary for the control of fire, insects, and dis- mined to be necessary by the Secretary. September 16, 2008. eases in accordance with section 4(d)(1) of the (k) OUTFITTER AND GUIDE USE.—Outfitter and (6) GRANITE MOUNTAIN WILDERNESS.—Certain Wilderness Act (16 U.S.C. 1133(d)(1)) and House guide activities conducted under permits issued land in the Inyo National Forest and certain Report 98–40 of the 98th Congress. by the Forest Service on the additions to the land administered by the Bureau of Land Man- (2) FUNDING PRIORITIES.—Nothing in this sub- John Muir, Ansel Adams, and Hoover wilderness agement in Mono County, California, com- title limits funding for fire and fuels manage- areas designated by this subtitle shall be in ad- prising approximately 34,342 acres, as generally ment in the wilderness areas and wilderness ad- dition to any existing limits established for the depicted on the map entitled ‘‘Granite Mountain ditions designated by this subtitle. John Muir, Ansel Adams, and Hoover wilderness Wilderness’’ and dated September 19, 2008, (3) REVISION AND DEVELOPMENT OF LOCAL FIRE areas. which shall be known as the ‘‘Granite Moun- MANAGEMENT PLANS.—As soon as practicable (l) TRANSFER TO THE FOREST SERVICE.— tain Wilderness’’. after the date of enactment of this Act, the Sec- (1) WHITE MOUNTAINS WILDERNESS.—Adminis- (7) MAGIC MOUNTAIN WILDERNESS.—Certain retary shall amend the local fire management trative jurisdiction over the approximately 946 land in the Angeles National Forest, comprising plans that apply to the land designated as a acres of land identified as ‘‘Transfer of Admin- approximately 12,282 acres, as generally de- wilderness area or wilderness addition by this istrative Jurisdiction from BLM to FS’’ on the picted on the map entitled ‘‘Magic Mountain subtitle. maps described in section 1802(5)(B) is trans- Proposed Wilderness’’ and dated December 16, (4) ADMINISTRATION.—Consistent with para- ferred from the Bureau of Land Management to 2008, which shall be known as the ‘‘Magic graph (1) and other applicable Federal law, to the Forest Service to be managed as part of the Mountain Wilderness’’. ensure a timely and efficient response to fire White Mountains Wilderness. (8) PLEASANT VIEW RIDGE WILDERNESS.—Cer- emergencies in the wilderness areas and wilder- (2) JOHN MUIR WILDERNESS.—Administrative tain land in the Angeles National Forest, com- ness additions designated by this subtitle, the jurisdiction over the approximately 143 acres of prising approximately 26,757 acres, as generally Secretary shall— land identified as ‘‘Transfer of Administrative depicted on the map entitled ‘‘Pleasant View (A) not later than 1 year after the date of en- Jurisdiction from BLM to FS’’ on the maps de- Ridge Proposed Wilderness’’ and dated Decem- actment of this Act, establish agency approval scribed in section 1802(3)(B) is transferred from ber 16, 2008, which shall be known as the procedures (including appropriate delegations of the Bureau of Land Management to the Forest ‘‘Pleasant View Ridge Wilderness’’. authority to the Forest Supervisor, District Service to be managed as part of the John Muir SEC. 1803. ADMINISTRATION OF WILDERNESS Manager, or other agency officials) for respond- Wilderness. AREAS. ing to fire emergencies; and (m) TRANSFER TO THE BUREAU OF LAND MAN- (a) MANAGEMENT.—Subject to valid existing (B) enter into agreements with appropriate AGEMENT.—Administrative jurisdiction over the rights, the Secretary shall administer the wilder- State or local firefighting agencies. approximately 3,010 acres of land identified as ness areas and wilderness additions designated (f) ACCESS TO PRIVATE PROPERTY.—The Sec- ‘‘Land from FS to BLM’’ on the maps described by this subtitle in accordance with the Wilder- retary shall provide any owner of private prop- in section 1802(6) is transferred from the Forest ness Act (16 U.S.C. 1131 et seq.), except that— erty within the boundary of a wilderness area Service to the Bureau of Land Management to (1) any reference in that Act to the effective or wilderness addition designated by this sub- be managed as part of the Granite Mountain date shall be considered to be a reference to the title adequate access to the property to ensure Wilderness. date of enactment of this Act; and the reasonable use and enjoyment of the prop- SEC. 1804. RELEASE OF WILDERNESS STUDY (2) any reference in that Act to the Secretary erty by the owner. AREAS. of Agriculture shall be considered to be a ref- (g) MILITARY ACTIVITIES.—Nothing in this (a) FINDING.—Congress finds that, for pur- erence to the Secretary that has jurisdiction subtitle precludes— poses of section 603 of the Federal Land Policy over the land. (1) low-level overflights of military aircraft and Management Act of 1976 (43 U.S.C. 1782), (b) MAP AND LEGAL DESCRIPTION.— over the wilderness areas or wilderness addi- any portion of a wilderness study area described (1) IN GENERAL.—As soon as practicable after tions designated by this subtitle; in subsection (b) that is not designated as a wil- the date of enactment of this Act, the Secretary (2) the designation of new units of special air- derness area or wilderness addition by this sub- shall file a map and legal description of each space over the wilderness areas or wilderness title or any other Act enacted before the date of wilderness area and wilderness addition des- additions designated by this subtitle; or enactment of this Act has been adequately stud- ignated by this subtitle with— (3) the use or establishment of military flight ied for wilderness. (A) the Committee on Natural Resources of the training routes over wilderness areas or wilder- (b) DESCRIPTION OF STUDY AREAS.—The study House of Representatives; and ness additions designated by this subtitle. areas referred to in subsection (a) are— (B) the Committee on Energy and Natural Re- (h) LIVESTOCK.—Grazing of livestock and the (1) the Masonic Mountain Wilderness Study sources of the Senate. maintenance of existing facilities relating to Area; (2) FORCE OF LAW.—Each map and legal de- grazing in wilderness areas or wilderness addi- (2) the Mormon Meadow Wilderness Study scription filed under paragraph (1) shall have tions designated by this subtitle, if established Area; the same force and effect as if included in this before the date of enactment of this Act, shall be (3) the Walford Springs Wilderness Study subtitle, except that the Secretary may correct permitted to continue in accordance with— Area; and any errors in the map and legal description. (1) section 4(d)(4) of the Wilderness Act (16 (4) the Granite Mountain Wilderness Study (3) PUBLIC AVAILABILITY.—Each map and U.S.C. 1133(d)(4)); and Area. legal description filed under paragraph (1) shall (2) the guidelines set forth in Appendix A of (c) RELEASE.—Any portion of a wilderness be on file and available for public inspection in the report of the Committee on Interior and In- study area described in subsection (b) that is not the appropriate offices of the Secretary. sular Affairs of the House of Representatives ac- designated as a wilderness area or wilderness (c) INCORPORATION OF ACQUIRED LAND AND companying H.R. 2570 of the 101st Congress (H. addition by this subtitle or any other Act en- INTERESTS.—Any land (or interest in land) with- Rept. 101–405). acted before the date of enactment of this Act in the boundary of a wilderness area or wilder- (i) FISH AND WILDLIFE MANAGEMENT.— shall not be subject to section 603(c) of the Fed- ness addition designated by this subtitle that is (1) IN GENERAL.—In furtherance of the pur- eral Land Policy and Management Act of 1976 acquired by the Federal Government shall— poses of the Wilderness Act (16 U.S.C. 1131 et (43 U.S.C. 1782(c)). (1) become part of the wilderness area in seq.), the Secretary may carry out management SEC. 1805. DESIGNATION OF WILD AND SCENIC which the land is located; and activities to maintain or restore fish and wildlife RIVERS. (2) be managed in accordance with this sub- populations and fish and wildlife habitats in (a) IN GENERAL.—Section 3(a) of the Wild and title, the Wilderness Act (16 U.S.C. 1131 et seq.), wilderness areas or wilderness additions des- Scenic Rivers Act (16 U.S.C. 1274(a)) (as amend- and any other applicable law. ignated by this subtitle if the activities are— ed by section 1504(a)) is amended by adding at (d) WITHDRAWAL.—Subject to valid rights in (A) consistent with applicable wilderness the end the following: existence on the date of enactment of this Act, management plans; and ‘‘(196) AMARGOSA RIVER, CALIFORNIA.—The any Federal land designated as a wilderness (B) carried out in accordance with applicable following segments of the Amargosa River in the area or wilderness addition by this subtitle is guidelines and policies. State of California, to be administered by the withdrawn from— (2) STATE JURISDICTION.—Nothing in this sub- Secretary of the Interior: (1) all forms of entry, appropriation, or dis- title affects the jurisdiction of the State with re- ‘‘(A) The approximately 4.1-mile segment of posal under the public land laws; spect to fish and wildlife on public land located the Amargosa River from the northern boundary (2) location, entry, and patent under the min- in the State. of sec. 7, T. 21 N., R. 7 E., to 100 feet upstream ing laws; and (j) HORSES.—Nothing in this subtitle precludes of the Tecopa Hot Springs road crossing, as a (3) disposition under laws relating to mineral horseback riding in, or the entry of recreational scenic river. and geothermal leasing or mineral materials. or commercial saddle or pack stock into, an area ‘‘(B) The approximately 8-mile segment of the (e) FIRE MANAGEMENT AND RELATED ACTIVI- designated as wilderness or as a wilderness ad- Amargosa River from 100 feet downstream of the TIES.— dition by this subtitle— Tecopa Hot Springs Road crossing to 100 feet (1) IN GENERAL.—The Secretary may take such (1) in accordance with section 4(d)(5) of the upstream of the Old Spanish Trail Highway measures in a wilderness area or wilderness ad- Wilderness Act (16 U.S.C. 1133(d)(5)); and crossing near Tecopa, as a scenic river.

VerDate Mar 15 2010 12:18 Aug 01, 2011 Jkt 079102 PO 00000 Frm 00036 Fmt 0688 Sfmt 6333 E:\BR09\H25MR9.001 H25MR9 erowe on DSK5CLS3C1PROD with BOUND RECORD March 25, 2009 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 7 8619 ‘‘(C) The approximately 7.9-mile segment of Forest identified as the ‘‘Bridgeport Winter acres identified as ‘‘Pickel Hill Management the Amargosa River from the northern boundary Recreation Area’’, as generally depicted on the Area’’, as generally depicted on the map entitled of sec. 16, T. 20 N., R. 7 E., to .25 miles upstream map entitled ‘‘Humboldt-Toiyabe National For- ‘‘Humboldt-Toiyabe National Forest Proposed of the confluence with Sperry Wash in sec. 10, est Proposed Management’’ and dated Sep- Management’’ and dated September 17, 2008, T. 19 N., R. 7 E., as a wild river. tember 17, 2008, is designated as the Bridgeport shall be managed in a manner consistent with ‘‘(D) The approximately 4.9-mile segment of Winter Recreation Area. the non-Wilderness forest areas immediately the Amargosa River from .25 miles upstream of (b) MAP AND LEGAL DESCRIPTION.— surrounding the Pickel Hill Management Area, the confluence with Sperry Wash in sec. 10, T. (1) IN GENERAL.—As soon as practicable after including the allowance of snowmobile use. 19 N., R. 7 E. to 100 feet upstream of the Dumont the date of enactment of this Act, the Secretary SEC. 1808. ANCIENT BRISTLECONE PINE FOREST. Dunes access road crossing in sec. 32, T. 19 N., shall file a map and legal description of the (a) DESIGNATION.—To conserve and protect R. 7 E., as a recreational river. Recreation Area with— the Ancient Bristlecone Pines by maintaining ‘‘(E) The approximately 1.4-mile segment of (A) the Committee on Natural Resources of the near-natural conditions and to ensure the sur- the Amargosa River from 100 feet downstream of House of Representatives; and vival of the Pines for the purposes of public en- the Dumont Dunes access road crossing in sec. (B) the Committee on Energy and Natural Re- joyment and scientific study, the approximately 32, T. 19 N., R. 7 E., as a recreational river. sources of the Senate. 31,700 acres of public land in the State, as gen- ‘‘(197) OWENS RIVER HEADWATERS, CALI- (2) FORCE OF LAW.—The map and legal de- erally depicted on the map entitled ‘‘Ancient FORNIA.—The following segments of the Owens scription filed under paragraph (1) shall have Bristlecone Pine Forest—Proposed’’ and dated River in the State of California, to be adminis- the same force and effect as if included in this July 16, 2008, is designated as the ‘‘Ancient tered by the Secretary of Agriculture: subtitle, except that the Secretary may correct Bristlecone Pine Forest’’. ‘‘(A) The 2.3-mile segment of Deadman Creek any errors in the map and legal description. (b) MAP AND LEGAL DESCRIPTION.— from the 2-forked source east of San Joaquin (3) PUBLIC AVAILABILITY.—The map and legal (1) IN GENERAL.—As soon as practicable, but Peak to the confluence with the unnamed tribu- description filed under paragraph (1) shall be on not later than 3 years after the date of enact- tary flowing north into Deadman Creek from file and available for public inspection in the ment of this Act, the Secretary shall file a map sec. 12, T. 3 S., R. 26 E., as a wild river. appropriate offices of the Forest Service. and legal description of the Forest with— ‘‘(B) The 2.3-mile segment of Deadman Creek (c) MANAGEMENT.— (A) the Committee on Natural Resources of the from the unnamed tributary confluence in sec. (1) INTERIM MANAGEMENT.—Until completion House of Representatives; and 12, T. 3 S., R. 26 E., to the Road 3S22 crossing, of the management plan required under sub- (B) the Committee on Energy and Natural Re- as a scenic river. section (d), and except as provided in paragraph sources of the Senate. ‘‘(C) The 4.1-mile segment of Deadman Creek (2), the Recreation Area shall be managed in ac- (2) FORCE OF LAW.—The map and legal de- from the Road 3S22 crossing to .25 miles down- cordance with the Toiyabe National Forest scription filed under paragraph (1) shall have stream of the Highway 395 crossing, as a rec- Land and Resource Management Plan of 1986 the same force and effect as if included in this reational river. (as in effect on the day of enactment of this subtitle, except that the Secretary may correct ‘‘(D) The 3-mile segment of Deadman Creek Act). any errors in the map and legal description. from .25 miles downstream of the Highway 395 (3) PUBLIC AVAILABILITY.—The map and legal (2) USE OF SNOWMOBILES.—The winter use of crossing to 100 feet upstream of Big Springs, as snowmobiles shall be allowed in the Recreation description filed under paragraph (1) shall be on a scenic river. file and available for public inspection in the ‘‘(E) The 1-mile segment of the Upper Owens Area— (A) during periods of adequate snow coverage appropriate offices of the Forest Service. River from 100 feet upstream of Big Springs to (c) MANAGEMENT.— during the winter season; and the private property boundary in sec. 19, T. 2 S., (1) IN GENERAL.—The Secretary shall admin- (B) subject to any terms and conditions deter- R. 28 E., as a recreational river. ister the Forest— ‘‘(F) The 4-mile segment of Glass Creek from mined to be necessary by the Secretary. (A) in a manner that— its 2-forked source to 100 feet upstream of the (d) MANAGEMENT PLAN.—To ensure the sound (i) protect the resources and values of the area Glass Creek Meadow Trailhead parking area in management and enforcement of the Recreation in accordance with the purposes for which the sec. 29, T. 2 S., R.27 E., as a wild river. Area, the Secretary shall, not later than 1 year Forest is established, as described in subsection ‘‘(G) The 1.3-mile segment of Glass Creek from after the date of enactment of this Act, undergo (a); and 100 feet upstream of the trailhead parking area a public process to develop a winter use man- (ii) promotes the objectives of the applicable in sec. 29 to the end of Glass Creek Road in sec. agement plan that provides for— management plan (as in effect on the date of en- 21, T. 2 S., R. 27 E., as a scenic river. (1) adequate signage; actment of this Act), including objectives relat- ‘‘(H) The 1.1-mile segment of Glass Creek from (2) a public education program on allowable ing to— the end of Glass Creek Road in sec. 21, T. 2 S., usage areas; (I) the protection of bristlecone pines for pub- R. 27 E., to the confluence with Deadman Creek, (3) measures to ensure adequate sanitation; lic enjoyment and scientific study; as a recreational river. (4) a monitoring and enforcement strategy; (II) the recognition of the botanical, scenic, ‘‘(198) COTTONWOOD CREEK, CALIFORNIA.—The and and historical values of the area; and following segments of Cottonwood Creek in the (5) measures to ensure the protection of the (III) the maintenance of near-natural condi- State of California: Trail. tions by ensuring that all activities are subordi- ‘‘(A) The 17.4-mile segment from its head- (e) ENFORCEMENT.—The Secretary shall nate to the needs of protecting and preserving waters at the spring in sec. 27, T 4 S., R. 34 E., prioritize enforcement activities in the Recre- bristlecone pines and wood remnants; and to the Inyo National Forest boundary at the ation Area— (B) in accordance with the National Forest east section line of sec 3, T. 6 S., R. 36 E., as a (1) to prohibit degradation of natural re- Management Act of 1976 (16 U.S.C. 1600 et seq.), wild river to be administered by the Secretary of sources in the Recreation Area; this section, and any other applicable laws. Agriculture. (2) to prevent interference with nonmotorized (2) USES.— ‘‘(B) The 4.1-mile segment from the Inyo Na- recreation on the Trail; and (A) IN GENERAL.—The Secretary shall allow tional Forest boundary to the northern bound- (3) to reduce user conflicts in the Recreation only such uses of the Forest as the Secretary de- ary of sec. 5, T.4 S., R. 34 E., as a recreational Area. termines would further the purposes for which river, to be administered by the Secretary of the (f) PACIFIC CREST NATIONAL SCENIC TRAIL.— the Forest is established, as described in sub- Interior. The Secretary shall establish an appropriate section (a). ‘‘(199) PIRU CREEK, CALIFORNIA.—The fol- snowmobile crossing point along the Trail in the (B) SCIENTIFIC RESEARCH.—Scientific research lowing segments of Piru Creek in the State of area identified as ‘‘Pacific Crest Trail Proposed shall be allowed in the Forest in accordance California, to be administered by the Secretary Crossing Area’’ on the map entitled ‘‘Humboldt- with the Inyo National Forest Land and Re- of Agriculture: Toiyable National Forest Proposed Manage- source Management Plan (as in effect on the ‘‘(A) The 3-mile segment of Piru Creek from ment’’ and dated September 17, 2008— date of enactment of this Act). 0.5 miles downstream of Pyramid Dam at the (1) in accordance with— (3) WITHDRAWAL.—Subject to valid existing first bridge crossing to the boundary of the (A) the National Trails System Act (16 U.S.C. rights, all Federal land within the Forest is Sespe Wilderness, as a recreational river. 1241 et seq.); and withdrawn from— ‘‘(B) The 4.25-mile segment from the boundary (B) any applicable environmental and public (A) all forms of entry, appropriation or dis- of the Sespe Wilderness to the boundary be- safety laws; and posal under the public land laws; tween Los Angeles and Ventura Counties, as a (2) subject to the terms and conditions the (B) location, entry, and patent under the min- wild river.’’. Secretary determines to be necessary to ensure ing laws; and (C) disposition under all laws relating to min- (b) EFFECT.—The designation of Piru Creek that the crossing would not— under subsection (a) shall not affect valid rights (A) interfere with the nature and purposes of eral and geothermal leasing or mineral mate- in existence on the date of enactment of this the Trail; or rials. Act. (B) harm the surrounding landscape. Subtitle L—Riverside County Wilderness, SEC. 1806. BRIDGEPORT WINTER RECREATION SEC. 1807. MANAGEMENT OF AREA WITHIN HUM- California AREA. BOLDT-TOIYABE NATIONAL FOREST. SEC. 1851. WILDERNESS DESIGNATION. (a) DESIGNATION.—The approximately 7,254 Certain land in the Humboldt-Toiyabe Na- (a) DEFINITION OF SECRETARY.—In this sec- acres of land in the Humboldt-Toiyabe National tional Forest, comprising approximately 3,690 tion, the term ‘‘Secretary’’ means—

VerDate Mar 15 2010 12:18 Aug 01, 2011 Jkt 079102 PO 00000 Frm 00037 Fmt 0688 Sfmt 6333 E:\BR09\H25MR9.001 H25MR9 erowe on DSK5CLS3C1PROD with BOUND RECORD 8620 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 7 March 25, 2009 (1) with respect to land under the jurisdiction tions’’, and dated March 2008, is designated as section, except that the Secretary may correct of the Secretary of Agriculture, the Secretary of wilderness and is incorporated in, and shall be errors in the map and legal description. Agriculture; and deemed to be a part of, the Joshua Tree Wilder- (C) PUBLIC AVAILABILITY.—Each map and (2) with respect to land under the jurisdiction ness designated by section 1(g) of Public Law legal description filed under subparagraph (A) of the Secretary of the Interior, the Secretary of 94–567 (90 Stat. 2692; 16 U.S.C. 1132 note). shall be filed and made available for public in- the Interior. (G) OROCOPIA MOUNTAINS WILDERNESS ADDI- spection in the appropriate office of the Sec- (b) DESIGNATION OF WILDERNESS, CLEVELAND TIONS.—In accordance with the Wilderness Act retary. AND SAN BERNARDINO NATIONAL FORESTS, JOSH- (16 U.S.C. 1131 et seq.), certain land adminis- (3) UTILITY FACILITIES.—Nothing in this sec- UA TREE NATIONAL PARK, AND BUREAU OF LAND tered by the Bureau of Land Management in tion prohibits the construction, operation, or MANAGEMENT LAND IN RIVERSIDE COUNTY, CALI- Riverside County, California, comprising ap- maintenance, using standard industry practices, FORNIA.— proximately 4,635 acres, as generally depicted on of existing utility facilities located outside of the (1) DESIGNATIONS.— the map titled ‘‘Orocopia Mountains Proposed wilderness areas and wilderness additions des- (A) AGUA TIBIA WILDERNESS ADDITIONS.—In Wilderness Addition’’, and dated May 8, 2008, is ignated by this section. accordance with the Wilderness Act (16 U.S.C. designated as wilderness and is incorporated in, (c) JOSHUA TREE NATIONAL PARK POTENTIAL WILDERNESS.— 1131 et seq.), certain land in the Cleveland Na- and shall be deemed to be a part of, the (1) DESIGNATION OF POTENTIAL WILDERNESS.— tional Forest and certain land administered by Orocopia Mountains Wilderness as designated Certain land in the Joshua Tree National Park, the Bureau of Land Management in Riverside by paragraph (44) of section 102 of Public Law comprising approximately 43,300 acres, as gen- County, California, together comprising ap- 103–433 (108 Stat. 4472; 16 U.S.C. 1132 note), ex- erally depicted on the map numbered 156/80,055, proximately 2,053 acres, as generally depicted on cept that the wilderness boundaries established and titled ‘‘Joshua Tree National Park Proposed the map titled ‘‘Proposed Addition to Agua by this subsection in Township 7 South, Range Wilderness Additions’’, and dated March 2008, Tibia Wilderness’’, and dated May 9, 2008, is 13 East, exclude— is designated potential wilderness and shall be designated as wilderness and is incorporated in, (i) a corridor 250 feet north of the centerline managed by the Secretary of the Interior insofar and shall be deemed to be a part of, the Agua of the Bradshaw Trail; as practicable as wilderness until such time as Tibia Wilderness designated by section 2(a) of (ii) a corridor 250 feet from both sides of the the land is designated as wilderness pursuant to Public Law 93–632 (88 Stat. 2154; 16 U.S.C. 1132 centerline of the vehicle route in the unnamed paragraph (2). note). wash that flows between the Eagle Mountain (2) DESIGNATION AS WILDERNESS.—The land (B) CAHUILLA MOUNTAIN WILDERNESS.—In ac- Railroad on the south and the existing Orocopia designated potential wilderness by paragraph cordance with the Wilderness Act (16 U.S.C. Mountains Wilderness boundary; and (1) shall be designated as wilderness and incor- 1131 et seq.), certain land in the San Bernardino (iii) a corridor 250 feet from both sides of the porated in, and be deemed to be a part of, the National Forest, California, comprising approxi- centerline of the vehicle route in the unnamed Joshua Tree Wilderness designated by section mately 5,585 acres, as generally depicted on the wash that flows between the Chocolate Moun- 1(g) of Public Law 94–567 (90 Stat. 2692; 16 map titled ‘‘Cahuilla Mountain Proposed Wil- tain Aerial Gunnery Range on the south and U.S.C. 1132 note), effective upon publication by derness’’, and dated May 1, 2008, is designated the existing Orocopia Mountains Wilderness the Secretary of the Interior in the Federal Reg- as wilderness and, therefore, as a component of boundary. ister of a notice that— the National Wilderness Preservation System, (H) PALEN/MCCOY WILDERNESS ADDITIONS.—In (A) all uses of the land within the potential which shall be known as the ‘‘Cahuilla Moun- accordance with the Wilderness Act (16 U.S.C. wilderness prohibited by the Wilderness Act (16 tain Wilderness’’. 1131 et seq.), certain land administered by the U.S.C. 1131 et seq.) have ceased; and (C) SOUTH FORK SAN JACINTO WILDERNESS.—In Bureau of Land Management in Riverside (B) sufficient inholdings within the bound- accordance with the Wilderness Act (16 U.S.C. County, California, comprising approximately aries of the potential wilderness have been ac- 1131 et seq.), certain land in the San Bernardino 22,645 acres, as generally depicted on the map ti- quired to establish a manageable wilderness National Forest, California, comprising approxi- tled ‘‘Palen-McCoy Proposed Wilderness Addi- unit. mately 20,217 acres, as generally depicted on the tions’’, and dated May 8, 2008, is designated as (3) MAP AND DESCRIPTION.— map titled ‘‘South Fork San Jacinto Proposed wilderness and is incorporated in, and shall be (A) IN GENERAL.—As soon as practicable after Wilderness’’, and dated May 1, 2008, is des- deemed to be a part of, the Palen/McCoy Wilder- the date on which the notice required by para- ignated as wilderness and, therefore, as a com- ness as designated by paragraph (47) of section graph (2) is published in the Federal Register, ponent of the National Wilderness Preservation 102 of Public Law 103–433 (108 Stat. 4472; 16 the Secretary shall file a map and legal descrip- System, which shall be known as the ‘‘South U.S.C. 1132 note). tion of the land designated as wilderness and Fork San Jacinto Wilderness’’. (I) PINTO MOUNTAINS WILDERNESS.—In accord- potential wilderness by this section with the (D) SANTA ROSA WILDERNESS ADDITIONS.—In ance with the Wilderness Act (16 U.S.C. 1131 et Committee on Natural Resources of the House of accordance with the Wilderness Act (16 U.S.C. seq.), certain land administered by the Bureau Representatives and the Committee on Energy 1131 et seq.), certain land in the San Bernardino of Land Management in Riverside County, Cali- and Natural Resources of the Senate. National Forest, California, and certain land fornia, comprising approximately 24,404 acres, (B) FORCE OF LAW.—The map and legal de- administered by the Bureau of Land Manage- as generally depicted on the map titled ‘‘Pinto scription filed under subparagraph (A) shall ment in Riverside County, California, com- Mountains Proposed Wilderness’’, and dated have the same force and effect as if included in prising approximately 2,149 acres, as generally February 21, 2008, is designated as wilderness this section, except that the Secretary may cor- depicted on the map titled ‘‘Santa Rosa-San and, therefore, as a component of the National rect errors in the map and legal description. Jacinto National Monument Expansion and Wilderness Preservation System, which shall be (C) PUBLIC AVAILABILITY.—Each map and Santa Rosa Wilderness Addition’’, and dated known as the ‘‘Pinto Mountains Wilderness’’. legal description filed under subparagraph (A) March 12, 2008, is designated as wilderness and (J) CHUCKWALLA MOUNTAINS WILDERNESS AD- shall be filed and made available for public in- is incorporated in, and shall be deemed to be a DITIONS.—In accordance with the Wilderness spection in the appropriate office of the Sec- part of, the Santa Rosa Wilderness designated Act (16 U.S.C. 1131 et seq.), certain land admin- retary. by section 101(a)(28) of Public Law 98–425 (98 istered by the Bureau of Land Management in (d) ADMINISTRATION OF WILDERNESS.— (1) MANAGEMENT.—Subject to valid existing Stat. 1623; 16 U.S.C. 1132 note) and expanded by Riverside County, California, comprising ap- rights, the land designated as wilderness or as a paragraph (59) of section 102 of Public Law 103– proximately 12,815 acres, as generally depicted wilderness addition by this section shall be ad- 433 (108 Stat. 4472; 16 U.S.C. 1132 note). on the map titled ‘‘Chuckwalla Mountains Pro- ministered by the Secretary in accordance with (E) BEAUTY MOUNTAIN WILDERNESS.—In ac- posed Wilderness Addition’’, and dated May 8, the Wilderness Act (16 U.S.C. 1131 et seq.), ex- cordance with the Wilderness Act (16 U.S.C. 2008, is designated as wilderness and is incor- cept that— 1131 et seq.), certain land administered by the porated in, and shall be deemed to be a part of (A) any reference in that Act to the effective Bureau of Land Management in Riverside the Chuckwalla Mountains Wilderness as des- date of that Act shall be deemed to be a ref- County, California, comprising approximately ignated by paragraph (12) of section 102 of Pub- erence to— 15,621 acres, as generally depicted on the map ti- lic Law 103–433 (108 Stat. 4472; 16 U.S.C. 1132 (i) the date of the enactment of this Act; or tled ‘‘Beauty Mountain Proposed Wilderness’’, note). (ii) in the case of the wilderness addition des- and dated April 3, 2007, is designated as wilder- (2) MAPS AND DESCRIPTIONS.— ignated by subsection (c), the date on which the ness and, therefore, as a component of the Na- (A) IN GENERAL.—As soon as practicable after notice required by such subsection is published tional Wilderness Preservation System, which the date of the enactment of this Act, the Sec- in the Federal Register; and shall be known as the ‘‘Beauty Mountain Wil- retary shall file a map and legal description of (B) any reference in that Act to the Secretary derness’’. each wilderness area and wilderness addition of Agriculture shall be deemed to be a reference (F) JOSHUA TREE NATIONAL PARK WILDERNESS designated by this section with the Committee to the Secretary that has jurisdiction over the ADDITIONS.—In accordance with the Wilderness on Natural Resources of the House of Represent- land. Act (16 U.S.C. 1131 et seq.), certain land in Josh- atives and the Committee on Energy and Nat- (2) INCORPORATION OF ACQUIRED LAND AND IN- ua Tree National Park, comprising approxi- ural Resources of the Senate. TERESTS.—Any land within the boundaries of a mately 36,700 acres, as generally depicted on the (B) FORCE OF LAW.—A map and legal descrip- wilderness area or wilderness addition des- map numbered 156/80,055, and titled ‘‘Joshua tion filed under subparagraph (A) shall have ignated by this section that is acquired by the Tree National Park Proposed Wilderness Addi- the same force and effect as if included in this United States shall—

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(A) become part of the wilderness area in (7) MILITARY ACTIVITIES.—Nothing in this sec- SEC. 1853. ADDITIONS AND TECHNICAL CORREC- which the land is located; and tion precludes— TIONS TO SANTA ROSA AND SAN (B) be managed in accordance with this sec- (A) low-level overflights of military aircraft JACINTO MOUNTAINS NATIONAL MONUMENT. tion, the Wilderness Act (16 U.S.C. 1131 et seq.), over the wilderness areas or wilderness addi- (a) BOUNDARY ADJUSTMENT, SANTA ROSA AND and any other applicable law. tions designated by this section; SAN JACINTO MOUNTAINS NATIONAL MONU- (3) WITHDRAWAL.—Subject to valid rights in (B) the designation of new units of special MENT.—Section 2 of the Santa Rosa and San existence on the date of enactment of this Act, airspace over the wilderness areas or wilderness Jacinto Mountains National Monument Act of the land designated as wilderness by this section additions designated by this section; or 2000 (Public Law 106–351; 114 U.S.C. 1362; 16 is withdrawn from all forms of— (C) the use or establishment of military flight U.S.C. 431 note) is amended by adding at the (A) entry, appropriation, or disposal under training routes over wilderness areas or wilder- end the following new subsection: the public land laws; ness additions designated by this section. ‘‘(e) EXPANSION OF BOUNDARIES.—In addition (B) location, entry, and patent under the min- SEC. 1852. WILD AND SCENIC RIVER DESIGNA- to the land described in subsection (c), the ing laws; and TIONS, RIVERSIDE COUNTY, CALI- boundaries of the National Monument shall in- (C) disposition under all laws pertaining to FORNIA. clude the following lands identified as additions mineral and geothermal leasing or mineral mate- Section 3(a) of the Wild and Scenic Rivers Act to the National Monument on the map titled rials. (16 U.S.C. 1274(a)) (as amended by section 1805) ‘Santa Rosa-San Jacinto National Monument (4) FIRE MANAGEMENT AND RELATED ACTIVI- is amended by adding at the end the following Expansion and Santa Rosa Wilderness Addi- TIES.— new paragraphs: tion’, and dated March 12, 2008: (A) IN GENERAL.—The Secretary may take ‘‘(200) NORTH FORK SAN JACINTO RIVER, CALI- ‘‘(1) The ‘Santa Rosa Peak Area Monument such measures in a wilderness area or wilder- FORNIA.—The following segments of the North Expansion’. ness addition designated by this section as are Fork San Jacinto River in the State of Cali- ‘‘(2) The ‘Snow Creek Area Monument Expan- necessary for the control of fire, insects, and fornia, to be administered by the Secretary of sion’. diseases in accordance with section 4(d)(1) of Agriculture: ‘‘(3) The ‘Tahquitz Peak Area Monument Ex- the Wilderness Act (16 U.S.C. 1133(d)(1)) and ‘‘(A) The 2.12-mile segment from the source of pansion’. House Report 98–40 of the 98th Congress. the North Fork San Jacinto River at Deer ‘‘(4) The ‘Southeast Area Monument Expan- (B) FUNDING PRIORITIES.—Nothing in this sec- Springs in Mt. San Jacinto State Park to the sion’, which is designated as wilderness in sec- tion limits funding for fire and fuels manage- State Park boundary, as a wild river. tion 512(d), and is thus incorporated into, and ment in the wilderness areas and wilderness ad- ‘‘(B) The 1.66-mile segment from the Mt. San shall be deemed part of, the Santa Rosa Wilder- ditions designated by this section. Jacinto State Park boundary to the Lawler Park ness.’’. (C) REVISION AND DEVELOPMENT OF LOCAL boundary in section 26, township 4 south, range (b) TECHNICAL AMENDMENTS TO THE SANTA OSA AND AN ACINTO OUNTAINS ATIONAL FIRE MANAGEMENT PLANS.—As soon as prac- 2 east, San Bernardino meridian, as a scenic R S J M N ticable after the date of enactment of this Act, river. MONUMENT ACT OF 2000.—Section 7(d) of the the Secretary shall amend the local fire manage- ‘‘(C) The 0.68-mile segment from the Lawler Santa Rosa and San Jacinto Mountains Na- ment plans that apply to the land designated as Park boundary to its confluence with Fuller tional Monument Act of 2000 (Public Law 106– a wilderness area or wilderness addition by this Mill Creek, as a recreational river. 351; 114 U.S.C. 1362; 16 U.S.C. 431 note) is amended by striking ‘‘eight’’ and inserting ‘‘a section. ‘‘(D) The 2.15-mile segment from its confluence majority of the appointed’’. (D) ADMINISTRATION.—Consistent with sub- with Fuller Mill Creek to .25 miles upstream of paragraph (A) and other applicable Federal the 5S09 road crossing, as a wild river. Subtitle M—Sequoia and Kings Canyon law, to ensure a timely and efficient response to ‘‘(E) The 0.6-mile segment from .25 miles up- National Parks Wilderness, California fire emergencies in the wilderness areas and wil- stream of the 5S09 road crossing to its con- SEC. 1901. DEFINITIONS. derness additions designated by this section, the fluence with Stone Creek, as a scenic river. In this subtitle: Secretary shall— ‘‘(F) The 2.91-mile segment from the Stone (1) SECRETARY.—The term ‘‘Secretary’’ means (i) not later than 1 year after the date of en- Creek confluence to the northern boundary of the Secretary of the Interior. actment of this Act, establish agency approval section 17, township 5 south, range 2 east, San (2) STATE.—The term ‘‘State’’ means the State procedures (including appropriate delegations of Bernardino meridian, as a wild river. of California. authority to the Forest Supervisor, District ‘‘(201) FULLER MILL CREEK, CALIFORNIA.— SEC. 1902. DESIGNATION OF WILDERNESS AREAS. Manager, or other agency officials) for respond- The following segments of Fuller Mill Creek in In accordance with the Wilderness Act (16 ing to fire emergencies; and the State of California, to be administered by U.S.C. 1131 et seq.), the following areas in the (ii) enter into agreements with appropriate the Secretary of Agriculture: State are designated as wilderness areas and as State or local firefighting agencies. ‘‘(A) The 1.2-mile segment from the source of components of the National Wilderness Preser- (5) GRAZING.—Grazing of livestock in a wilder- Fuller Mill Creek in the San Jacinto Wilderness vation System: ness area or wilderness addition designated by to the Pinewood property boundary in section (1) JOHN KREBS WILDERNESS.— (A) DESIGNATION.—Certain land in Sequoia this section shall be administered in accordance 13, township 4 south, range 2 east, San and Kings Canyon National Parks, comprising with the provisions of section 4(d)(4) of the Wil- Bernardino meridian, as a scenic river. approximately 39,740 acres of land, and 130 derness Act (16 U.S.C. 1133(d)(4)) and the guide- ‘‘(B) The 0.9-mile segment in the Pine Wood acres of potential wilderness additions as gen- lines set forth in House Report 96–617 to accom- property, as a recreational river. erally depicted on the map numbered 102/60014b, pany H.R. 5487 of the 96th Congress. ‘‘(C) The 1.4-mile segment from the Pinewood titled ‘‘John Krebs Wilderness’’, and dated Sep- (6) NATIVE AMERICAN USES AND INTERESTS.— property boundary in section 23, township 4 tember 16, 2008. (A) ACCESS AND USE.—To the extent prac- south, range 2 east, San Bernardino meridian, (B) EFFECT.—Nothing in this paragraph af- ticable, the Secretary shall ensure access to the to its confluence with the North Fork San fects— Cahuilla Mountain Wilderness by members of Jacinto River, as a scenic river. (i) the cabins in, and adjacent to, Mineral an Indian tribe for traditional cultural pur- ‘‘(202) PALM CANYON CREEK, CALIFORNIA.— King Valley; or poses. In implementing this paragraph, the Sec- The 8.1-mile segment of Palm Canyon Creek in (ii) the private inholdings known as ‘‘Silver retary, upon the request of an Indian tribe, may the State of California from the southern bound- City’’ and ‘‘Kaweah Han’’. temporarily close to the general public use of ary of section 6, township 7 south, range 5 east, (C) POTENTIAL WILDERNESS ADDITIONS.—The one or more specific portions of the wilderness San Bernardino meridian, to the San designation of the potential wilderness additions area in order to protect the privacy of tradi- Bernardino National Forest boundary in section under subparagraph (A) shall not prohibit the tional cultural activities in such areas by mem- 1, township 6 south, range 4 east, San operation, maintenance, and repair of the small bers of the Indian tribe. Any such closure shall Bernardino meridian, to be administered by the check dams and water impoundments on Lower be made to affect the smallest practicable area Secretary of Agriculture as a wild river, and the Franklin Lake, Crystal Lake, Upper Monarch for the minimum period necessary for such pur- Secretary shall enter into a cooperative manage- Lake, and Eagle Lake. The Secretary is author- poses. Such access shall be consistent with the ment agreement with the Agua Caliente Band of ized to allow the use of helicopters for the oper- purpose and intent of Public Law 95–341 (42 Cahuilla Indians to protect and enhance river ation, maintenance, and repair of the small U.S.C. 1996), commonly referred to as the Amer- values. check dams and water impoundments on Lower ican Indian Religious Freedom Act, and the Wil- ‘‘(203) BAUTISTA CREEK, CALIFORNIA.—The Franklin Lake, Crystal Lake, Upper Monarch derness Act (16 U.S.C. 1131 et seq.). 9.8-mile segment of Bautista Creek in the State Lake, and Eagle Lake. The potential wilderness (B) INDIAN TRIBE DEFINED.—In this para- of California from the San Bernardino National additions shall be designated as wilderness and graph, the term ‘‘Indian tribe’’ means any In- Forest boundary in section 36, township 6 south, incorporated into the John Krebs Wilderness es- dian tribe, band, nation, or other organized range 2 east, San Bernardino meridian, to the tablished by this section upon termination of the group or community of Indians which is recog- San Bernardino National Forest boundary in non-conforming uses. nized as eligible by the Secretary of the Interior section 2, township 6 south, range 1 east, San (2) SEQUOIA-KINGS CANYON WILDERNESS ADDI- for the special programs and services provided Bernardino meridian, to be administered by the TION.—Certain land in Sequoia and Kings Can- by the United States to Indians because of their Secretary of Agriculture as a recreational yon National Parks, California, comprising ap- status as Indians. river.’’. proximately 45,186 acres as generally depicted

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on the map titled ‘‘Sequoia-Kings Canyon Wil- (4) TRAIL.—The term ‘‘Trail’’ means the East (f) WATER RIGHTS.— derness Addition’’, numbered 102/60015a, and Shore Trail established under section 1954(a). (1) FINDINGS.—Congress finds that— dated March 10, 2008, is incorporated in, and (5) WILDERNESS.—The term ‘‘Wilderness’’ (A) the United States has existing rights to shall be considered to be a part of, the Sequoia- means the wilderness designated by section water within the Park; Kings Canyon Wilderness. 1952(a). (B) the existing water rights are sufficient for (3) RECOMMENDED WILDERNESS.—Land in Se- SEC. 1952. ROCKY MOUNTAIN NATIONAL PARK the purposes of the Wilderness; and quoia and Kings Canyon National Parks that WILDERNESS, COLORADO. (C) based on the findings described in sub- was managed as of the date of enactment of this (a) DESIGNATION.—In furtherance of the pur- paragraphs (A) and (B), there is no need for the Act as recommended or proposed wilderness but poses of the Wilderness Act (16 U.S.C. 1131 et United States to reserve or appropriate any ad- not designated by this section as wilderness seq.), there is designated as wilderness and as a ditional water rights to fulfill the purposes of shall continue to be managed as recommended component of the National Wilderness Preserva- the Wilderness. or proposed wilderness, as appropriate. tion System approximately 249,339 acres of land (2) EFFECT.—Nothing in this subtitle— SEC. 1903. ADMINISTRATION OF WILDERNESS in the Park, as generally depicted on the map. (A) constitutes an express or implied reserva- AREAS. (b) MAP AND BOUNDARY DESCRIPTION.— tion by the United States of water or water (a) IN GENERAL.—Subject to valid existing (1) IN GENERAL.—As soon as practicable after rights for any purpose; or rights, each area designated as wilderness by the date of enactment of this Act, the Secretary (B) modifies or otherwise affects any existing this subtitle shall be administered by the Sec- shall— water rights held by the United States for the retary in accordance with the Wilderness Act (A) prepare a map and boundary description Park. (16 U.S.C. 1131 et seq.), except that any ref- of the Wilderness; and (g) FIRE, INSECT, AND DISEASE CONTROL.—The erence in the Wilderness Act to the effective (B) submit the map and boundary description Secretary may take such measures in the Wil- date of the Wilderness Act shall be considered to prepared under subparagraph (A) to the Com- derness as are necessary to control fire, insects, be a reference to the date of enactment of this mittee on Energy and Natural Resources of the and diseases, as are provided for in accordance Act. Senate and the Committee on Natural Resources with— (1) the laws applicable to the Park; and (b) MAP AND LEGAL DESCRIPTION.— of the House of Representatives. (2) AVAILABILITY; FORCE OF LAW.—The map (2) the Wilderness Act (16 U.S.C. 1131 et seq.). (1) SUBMISSION OF MAP AND LEGAL DESCRIP- and boundary description submitted under SEC. 1953. GRAND RIVER DITCH AND COLORADO- TION.—As soon as practicable, but not later BIG THOMPSON PROJECTS. than 3 years, after the date of enactment of this paragraph (1)(B) shall— (A) be on file and available for public inspec- (a) CONDITIONAL WAIVER OF STRICT LIABIL- Act, the Secretary shall file a map and legal de- tion in appropriate offices of the National Park ITY.—During any period in which the Water scription of each area designated as wilderness Service; and Supply and Storage Company (or any successor by this subtitle with— (B) have the same force and effect as if in- in interest to the company with respect to the (A) the Committee on Energy and Natural Re- cluded in this subtitle. Grand River Ditch) operates and maintains the sources of the Senate; and (c) INCLUSION OF POTENTIAL WILDERNESS.— portion of the Grand River Ditch in the Park in (B) the Committee on Natural Resources of the (1) IN GENERAL.—On publication in the Fed- compliance with an operations and maintenance House of Representatives. eral Register of a notice by the Secretary that agreement between the Water Supply and Stor- (2) FORCE AND EFFECT.—The map and legal all uses inconsistent with the Wilderness Act (16 age Company and the National Park Service, description filed under paragraph (1) shall have U.S.C. 1131 et seq.) have ceased on the land the provisions of paragraph (6) of the stipula- the same force and effect as if included in this identified on the map as a ‘‘Potential Wilder- tion approved June 28, 1907— subtitle, except that the Secretary may correct ness Area’’, the land shall be— (1) shall be suspended; and any clerical or typographical error in the map (A) included in the Wilderness; and (2) shall not be enforceable against the Com- or legal description. (B) administered in accordance with sub- pany (or any successor in interest). (3) PUBLIC AVAILABILITY.—The map and legal section (e). (b) AGREEMENT.—The agreement referred to in description filed under paragraph (1) shall be on (2) BOUNDARY DESCRIPTION.—On inclusion in subsection (a) shall— file and available for public inspection in the the Wilderness of the land referred to in para- (1) ensure that— Office of the Secretary. graph (1), the Secretary shall modify the map (A) Park resources are managed in accordance (c) HYDROLOGIC, METEOROLOGIC, AND CLI- and boundary description submitted under sub- with the laws generally applicable to the Park, MATOLOGICAL DEVICES, FACILITIES, AND ASSOCI- section (b) to reflect the inclusion of the land. including— ATED EQUIPMENT.—The Secretary shall continue (d) EXCLUSION OF CERTAIN LAND.—The fol- (i) the Act of January 26, 1915 (16 U.S.C. 191 to manage maintenance and access to hydro- lowing areas are specifically excluded from the et seq.); and logic, meteorologic, and climatological devices, Wilderness: (ii) the National Park Service Organic Act (16 facilities and associated equipment consistent (1) The Grand River Ditch (including the U.S.C. 1 et seq.); with House Report 98–40. main canal of the Grand River Ditch and a (B) Park land outside the right-of-way cor- (d) AUTHORIZED ACTIVITIES OUTSIDE WILDER- branch of the main canal known as the Speci- ridor remains unimpaired consistent with the NESS.—Nothing in this subtitle precludes author- men Ditch), the right-of-way for the Grand National Park Service management policies in ized activities conducted outside of an area des- River Ditch, land 200 feet on each side of the effect as of the date of enactment of this Act; ignated as wilderness by this subtitle by cabin center line of the Grand River Ditch, and any and owners (or designees) in the Mineral King Val- associated appurtenances, structures, buildings, (C) any use of Park land outside the right-of- ley area or property owners or lessees (or des- camps, and work sites in existence as of June 1, way corridor (as of the date of enactment of this ignees) in the Silver City inholding, as identified 1998. Act) shall be permitted only on a temporary on the map described in section 1902(1)(A). (2) Land owned by the St. Vrain & Left Hand basis, subject to such terms and conditions as (e) HORSEBACK RIDING.—Nothing in this sub- Water Conservancy District, including Copeland the Secretary determines to be necessary; and title precludes horseback riding in, or the entry Reservoir and the Inlet Ditch to the Reservoir (2) include stipulations with respect to— of recreational or commercial saddle or pack from North St. Vrain Creek, comprising approxi- (A) flow monitoring and early warning meas- stock into, an area designated as wilderness by mately 35.38 acres. ures; this subtitle— (3) Land owned by the Wincenstsen-Harms (B) annual and periodic inspections; (1) in accordance with section 4(d)(5) of the Trust, comprising approximately 2.75 acres. (C) an annual maintenance plan; Wilderness Act (16 U.S.C. 1133(d)(5)); and (4) Land within the area depicted on the map (D) measures to identify on an annual basis (2) subject to any terms and conditions deter- as the ‘‘East Shore Trail Area’’. capital improvement needs; and mined to be necessary by the Secretary. (e) ADMINISTRATION.—Subject to valid existing (E) the development of plans to address the SEC. 1904. AUTHORIZATION OF APPROPRIATIONS. rights, any land designated as wilderness under needs identified under subparagraph (D). There are authorized to be appropriated such this section or added to the Wilderness after the (c) LIMITATION.—Nothing in this section limits sums as are necessary to carry out this subtitle. date of enactment of this Act under subsection or otherwise affects— (c) shall be administered by the Secretary in ac- (1) the liability of any individual or entity for Subtitle N—Rocky Mountain National Park cordance with this subtitle and the Wilderness damages to, loss of, or injury to any resource Wilderness, Colorado Act (16 U.S.C. 1131 et seq.), except that— within the Park resulting from any cause or SEC. 1951. DEFINITIONS. (1) any reference in the Wilderness Act (16 event that occurred before the date of enactment In this subtitle: U.S.C. 1131 et seq.) to the effective date of that of this Act; or (1) MAP.—The term ‘‘map’’ means the map en- Act shall be considered to be a reference to the (2) Public Law 101–337 (16 U.S.C. 19jj et seq.), titled ‘‘Rocky Mountain National Park Wilder- date of enactment of this Act, or the date on including the defenses available under that Act ness Act of 2007’’ and dated September 2006. which the additional land is added to the Wil- for damage caused— (2) PARK.—The term ‘‘Park’’ means Rocky derness, respectively; and (A) solely by— Mountain National Park located in the State of (2) any reference in the Wilderness Act (16 (i) an act of God; Colorado. U.S.C. 1131 et seq.) to the Secretary of Agri- (ii) an act of war; or (3) SECRETARY.—The term ‘‘Secretary’’ means culture shall be considered to be a reference to (iii) an act or omission of a third party (other the Secretary of the Interior. the Secretary. than an employee or agent); or

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WINDY GAP PROJECT.— (e) RELATION TO LAND OUTSIDE WILDER- (6) RED CLIFFS NATIONAL CONSERVATION AREA (1) IN GENERAL.—Nothing in this subtitle, in- NESS.— MAP.—The term ‘‘Red Cliffs National Conserva- cluding the designation of the Wilderness, pro- (1) IN GENERAL.—Except as provided in this tion Area Map’’ means the map entitled ‘‘Red hibits or affects current and future operation subsection, nothing in this subtitle affects the Cliffs National Conservation Area’’ and dated and maintenance activities in, under, or affect- management or use of any land not included November 12, 2008. ing the Wilderness that were allowed as of the within the boundaries of the Wilderness or the (7) SECRETARY.—The term ‘‘Secretary’’ date of enactment of this Act under the Act of potential wilderness land. means— January 26, 1915 (16 U.S.C. 191), relating to the (2) MOTORIZED VEHICLES AND MACHINERY.—No (A) with respect to land under the jurisdiction Alva B. Adams Tunnel or other Colorado–Big use of motorized vehicles or other motorized ma- of the Secretary of Agriculture, the Secretary of Thompson Project facilities located within the chinery that was not permitted on March 1, Agriculture; and Park. 2006, shall be allowed in the East Shore Trail (B) with respect to land under the jurisdiction (2) ALVA B. ADAMS TUNNEL.—Nothing in this Area except as the Secretary determines to be of the Secretary of the Interior, the Secretary of subtitle, including the designation of the Wil- necessary for use in— the Interior. derness, prohibits or restricts the conveyance of (A) constructing the Trail, if the construction (8) STATE.—The term ‘‘State’’ means the State water through the Alva B. Adams Tunnel for is authorized by the Secretary; or of Utah. (9) WASHINGTON COUNTY GROWTH AND CON- any purpose. (B) maintaining the Trail. (e) RIGHT-OF-WAY.—Notwithstanding the Act SERVATION ACT MAP.—The term ‘‘Washington (3) MANAGEMENT OF LAND BEFORE INCLU- of March 3, 1891 (43 U.S.C. 946) and the Act of County Growth and Conservation Act Map’’ SION.—Until the Secretary authorizes the con- May 11, 1898 (43 U.S.C. 951), the right of way means the map entitled ‘‘Washington County struction of the Trail and the use of the Trail for the Grand River Ditch shall not be termi- Growth and Conservation Act Map’’ and dated for non-motorized bicycles, the East Shore Trail nated, forfeited, or otherwise affected as a result November 13, 2008. Area shall be managed— of the water transported by the Grand River (A) to protect any wilderness characteristics SEC. 1972. WILDERNESS AREAS. Ditch being used primarily for domestic pur- of the East Shore Trail Area; and (a) ADDITIONS TO NATIONAL WILDERNESS poses or any purpose of a public nature, unless (B) to maintain the suitability of the East PRESERVATION SYSTEM.— the Secretary determines that the change in the Shore Trail Area for inclusion in the Wilder- (1) ADDITIONS.—Subject to valid existing main purpose or use adversely affects the Park. ness. rights, the following land in the State is des- (f) NEW RECLAMATION PROJECTS.—Nothing in ignated as wilderness and as components of the the first section of the Act of January 26, 1915 SEC. 1955. NATIONAL FOREST AREA BOUNDARY National Wilderness Preservation System: ADJUSTMENTS. (16 U.S.C. 191), shall be construed to allow de- (A) BEARTRAP CANYON.—Certain Federal land velopment in the Wilderness of any reclamation (a) INDIAN PEAKS WILDERNESS BOUNDARY AD- managed by the Bureau of Land Management, project not in existence as of the date of enact- JUSTMENT.—Section 3(a) of the Indian Peaks comprising approximately 40 acres, as generally ment of this Act. Wilderness Area, the Arapaho National Recre- depicted on the Northeastern Washington Coun- (g) CLARIFICATION OF MANAGEMENT AUTHOR- ation Area and the Oregon Islands Wilderness ty Wilderness Map, which shall be known as the ITY.—Nothing in this section reduces or limits Area Act (16 U.S.C. 1132 note; Public Law 95– ‘‘Beartrap Canyon Wilderness’’. the authority of the Secretary to manage land 450) is amended— (B) BLACKRIDGE.—Certain Federal land man- and resources within the Park under applicable (1) by striking ‘‘seventy thousand acres’’ and aged by the Bureau of Land Management, com- law. inserting ‘‘74,195 acres’’; and prising approximately 13,015 acres, as generally SEC. 1954. EAST SHORE TRAIL AREA. (2) by striking ‘‘, dated July 1978’’ and insert- depicted on the Northeastern Washington Coun- (a) IN GENERAL.—Not later than 1 year after ing ‘‘and dated May 2007’’. ty Wilderness Map, which shall be known as the the date of enactment of this Act, the Secretary (b) ARAPAHO NATIONAL RECREATION AREA ‘‘Blackridge Wilderness’’. shall establish within the East Shore Trail Area BOUNDARY ADJUSTMENT.—Section 4(a) of the In- (C) CANAAN MOUNTAIN.—Certain Federal land in the Park an alignment line for a trail, to be dian Peaks Wilderness Area, the Arapaho Na- in the County managed by the Bureau of Land known as the ‘‘East Shore Trail’’, to maximize tional Recreation Area and the Oregon Islands Management, comprising approximately 44,531 the opportunity for sustained use of the Trail Wilderness Area Act (16 U.S.C. 460jj(a)) is acres, as generally depicted on the Canaan without causing— amended— Mountain Wilderness Map, which shall be (1) harm to affected resources; or (1) by striking ‘‘thirty-six thousand two hun- known as the ‘‘Canaan Mountain Wilderness’’. (2) conflicts among users. dred thirty-five acres’’ and inserting ‘‘35,235 (D) COTTONWOOD CANYON.—Certain Federal (b) BOUNDARIES.— acres’’; and land managed by the Bureau of Land Manage- (1) IN GENERAL.—After establishing the align- (2) by striking ‘‘, dated July 1978’’ and insert- ment, comprising approximately 11,712 acres, as ment line for the Trail under subsection (a), the ing ‘‘and dated May 2007’’. generally depicted on the Red Cliffs National Secretary shall— SEC. 1956. AUTHORITY TO LEASE LEIFFER TRACT. Conservation Area Map, which shall be known (A) identify the boundaries of the Trail, (a) IN GENERAL.—Section 3(k) of Public Law as the ‘‘Cottonwood Canyon Wilderness’’. which shall not extend more than 25 feet east of 91–383 (16 U.S.C. 1a–2(k)) shall apply to the par- (E) COTTONWOOD FOREST.—Certain Federal the alignment line or be located within the Wil- cel of land described in subsection (b). land managed by the Forest Service, comprising derness; and approximately 2,643 acres, as generally depicted (B) modify the map of the Wilderness pre- (b) DESCRIPTION OF THE LAND.—The parcel of on the Red Cliffs National Conservation Area pared under section 1952(b)(1)(A) so that the land referred to in subsection (a) is the parcel of Map, which shall be known as the ‘‘Cottonwood western boundary of the Wilderness is 50 feet land known as the ‘‘Leiffer tract’’ that is— Forest Wilderness’’. east of the alignment line. (1) located near the eastern boundary of the (F) COUGAR CANYON.—Certain Federal land (2) ADJUSTMENTS.—To the extent necessary to Park in Larimer County, Colorado; and managed by the Bureau of Land Management, protect Park resources, the Secretary may adjust (2) administered by the National Park Service. comprising approximately 10,409 acres, as gen- the boundaries of the Trail, if the adjustment Subtitle O—Washington County, Utah erally depicted on the Northwestern Washington does not place any portion of the Trail within SEC. 1971. DEFINITIONS. County Wilderness Map, which shall be known the boundary of the Wilderness. In this subtitle: as the ‘‘Cougar Canyon Wilderness’’. (c) INCLUSION IN WILDERNESS.—On completion (1) BEAVER DAM WASH NATIONAL CONSERVA- (G) DEEP CREEK.—Certain Federal land man- of the construction of the Trail, as authorized TION AREA MAP.—The term ‘‘Beaver Dam Wash aged by the Bureau of Land Management, com- by the Secretary— National Conservation Area Map’’ means the (1) any portion of the East Shore Trail Area prising approximately 3,284 acres, as generally map entitled ‘‘Beaver Dam Wash National Con- that is not traversed by the Trail, that is not depicted on the Northeastern Washington Coun- servation Area’’ and dated December 18, 2008. west of the Trail, and that is not within 50 feet ty Wilderness Map, which shall be known as the (2) CANAAN MOUNTAIN WILDERNESS MAP.—The of the centerline of the Trail shall be— ‘‘Deep Creek Wilderness’’. (A) included in the Wilderness; and term ‘‘Canaan Mountain Wilderness Map’’ (H) DEEP CREEK NORTH.—Certain Federal (B) managed as part of the Wilderness in ac- means the map entitled ‘‘Canaan Mountain Wil- land managed by the Bureau of Land Manage- cordance with section 1952; and derness’’ and dated June 21, 2008. ment, comprising approximately 4,262 acres, as (2) the Secretary shall modify the map and (3) COUNTY.—The term ‘‘County’’ means generally depicted on the Northeastern Wash- boundary description of the Wilderness prepared Washington County, Utah. ington County Wilderness Map, which shall be under section 1952(b)(1)(A) to reflect the inclu- (4) NORTHEASTERN WASHINGTON COUNTY WIL- known as the ‘‘Deep Creek North Wilderness’’. sion of the East Shore Trail Area land in the DERNESS MAP.—The term ‘‘Northeastern Wash- (I) DOC’S PASS.—Certain Federal land man- Wilderness. ington County Wilderness Map’’ means the map aged by the Bureau of Land Management, com- (d) EFFECT.—Nothing in this section— entitled ‘‘Northeastern Washington County Wil- prising approximately 17,294 acres, as generally (1) requires the construction of the Trail along derness’’ and dated November 12, 2008. depicted on the Northwestern Washington the alignment line established under subsection (5) NORTHWESTERN WASHINGTON COUNTY WIL- County Wilderness Map, which shall be known (a); or DERNESS MAP.—The term ‘‘Northwestern Wash- as the ‘‘Doc’s Pass Wilderness’’.

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(J) GOOSE CREEK.—Certain Federal land man- companying H.R. 2570 of the 101st Congress (iv) shall affect the interpretation of, or any aged by the Bureau of Land Management, com- (H.Rep. 101–405) and H.R. 5487 of the 96th Con- designation made pursuant to, any other Act; or prising approximately 98 acres, as generally de- gress (H. Rept. 96–617). (v) shall be construed as limiting, altering, picted on the Northeastern Washington County (3) WILDFIRE, INSECT, AND DISEASE MANAGE- modifying, or amending any of the interstate Wilderness Map, which shall be known as the MENT.—In accordance with section 4(d)(1) of the compacts or equitable apportionment decrees ‘‘Goose Creek Wilderness’’. Wilderness Act (16 U.S.C. 1133(d)(1)), the Sec- that apportion water among and between the (K) LAVERKIN CREEK.—Certain Federal land retary may take such measures in each area des- State and other States. managed by the Bureau of Land Management, ignated as wilderness by subsection (a)(1) as the (B) STATE WATER LAW.—The Secretary shall comprising approximately 445 acres, as generally Secretary determines to be necessary for the follow the procedural and substantive require- depicted on the Northeastern Washington Coun- control of fire, insects, and diseases (including, ments of the law of the State in order to obtain ty Wilderness Map, which shall be known as the as the Secretary determines to be appropriate, and hold any water rights not in existence on ‘‘LaVerkin Creek Wilderness’’. the coordination of those activities with a State the date of enactment of this Act with respect to (L) RED BUTTE.—Certain Federal land man- or local agency). the wilderness areas designated by subsection aged by the Bureau of Land Management, com- (4) BUFFER ZONES.— (a)(1). prising approximately 1,537 acres, as generally (A) IN GENERAL.—Nothing in this section cre- (10) FISH AND WILDLIFE.— depicted on the Northeastern Washington Coun- ates a protective perimeter or buffer zone (A) JURISDICTION OF STATE.—Nothing in this ty Wilderness Map, which shall be known as the around any area designated as wilderness by section affects the jurisdiction of the State with ‘‘Red Butte Wilderness’’. subsection (a)(1). respect to fish and wildlife on public land lo- (M) RED MOUNTAIN.—Certain Federal land (B) ACTIVITIES OUTSIDE WILDERNESS.—The cated in the State. managed by the Bureau of Land Management, fact that an activity or use on land outside any (B) AUTHORITY OF SECRETARY.—In further- comprising approximately 18,729 acres, as gen- area designated as wilderness by subsection ance of the purposes and principles of the Wil- erally depicted on the Red Cliffs National Con- (a)(1) can be seen or heard within the wilder- derness Act (16 U.S.C. 1131 et seq.), the Sec- servation Area Map, which shall be known as ness shall not preclude the activity or use out- retary may carry out management activities to the ‘‘Red Mountain Wilderness’’. side the boundary of the wilderness. maintain or restore fish and wildlife populations (N) SLAUGHTER CREEK.—Certain Federal land (5) MILITARY OVERFLIGHTS.—Nothing in this (including activities to maintain and restore fish managed by the Bureau of Land Management, section restricts or precludes— and wildlife habitats to support the popu- comprising approximately 3,901 acres, as gen- (A) low-level overflights of military aircraft lations) in any wilderness area designated by erally depicted on the Northwestern Washington over any area designated as wilderness by sub- subsection (a)(1) if the activities are— County Wilderness Map, which shall be known section (a)(1), including military overflights that (i) consistent with applicable wilderness man- as the ‘‘Slaughter Creek Wilderness’’. can be seen or heard within any wilderness agement plans; and (O) TAYLOR CREEK.—Certain Federal land area; (ii) carried out in accordance with— managed by the Bureau of Land Management, (B) flight testing and evaluation; or (I) the Wilderness Act (16 U.S.C. 1131 et seq.); comprising approximately 32 acres, as generally (C) the designation or creation of new units of and depicted on the Northeastern Washington Coun- special use airspace, or the establishment of (II) applicable guidelines and policies, includ- ty Wilderness Map, which shall be known as the military flight training routes over any wilder- ing applicable policies described in Appendix B ‘‘Taylor Creek Wilderness’’. ness area. of House Report 101–405. (2) MAPS AND LEGAL DESCRIPTIONS.— (6) ACQUISITION AND INCORPORATION OF LAND (11) WILDLIFE WATER DEVELOPMENT (A) IN GENERAL.—As soon as practicable after AND INTERESTS IN LAND.— PROJECTS.—Subject to paragraph (12), the Sec- the date of enactment of this Act, the Secretary (A) ACQUISITION AUTHORITY.—In accordance retary may authorize structures and facilities, shall submit to the Committee on Energy and with applicable laws (including regulations), including existing structures and facilities, for Natural Resources of the Senate and the Com- the Secretary may acquire any land or interest wildlife water development projects, including mittee on Natural Resources of the House of in land within the boundaries of the wilderness guzzlers, in the wilderness areas designated by Representatives a map and legal description of areas designated by subsection (a)(1) by pur- subsection (a)(1) if— each wilderness area designated by paragraph chase from willing sellers, donation, or ex- (A) the structures and facilities will, as deter- (1). change. mined by the Secretary, enhance wilderness val- (B) FORCE AND EFFECT.—Each map and legal (B) INCORPORATION.—Any land or interest in ues by promoting healthy, viable, and more nat- description submitted under subparagraph (A) land acquired by the Secretary under subpara- urally distributed wildlife populations; and shall have the same force and effect as if in- graph (A) shall be incorporated into, and ad- (B) the visual impacts of the structures and cluded in this subtitle, except that the Secretary ministered as a part of, the wilderness area in facilities on the wilderness areas can reasonably may correct any clerical or typographical errors which the land or interest in land is located. be minimized. in the map or legal description. (7) NATIVE AMERICAN CULTURAL AND RELI- (12) COOPERATIVE AGREEMENT.—Not later (C) AVAILABILITY.—Each map and legal de- GIOUS USES.—Nothing in this section dimin- than 1 year after the date of enactment of this scription submitted under subparagraph (A) ishes— Act, the Secretary shall enter into a cooperative shall be available in the appropriate offices of— (A) the rights of any Indian tribe; or agreement with the State that specifies the terms (i) the Bureau of Land Management; and (B) any tribal rights regarding access to Fed- and conditions under which wildlife manage- (ii) the Forest Service. eral land for tribal activities, including spir- ment activities in the wilderness areas des- (b) ADMINISTRATION OF WILDERNESS AREAS.— itual, cultural, and traditional food-gathering ignated by subsection (a)(1) may be carried out. (1) MANAGEMENT.—Subject to valid existing activities. (c) RELEASE OF WILDERNESS STUDY AREAS.— rights, each area designated as wilderness by (8) CLIMATOLOGICAL DATA COLLECTION.—In (1) FINDING.—Congress finds that, for the pur- subsection (a)(1) shall be administered by the accordance with the Wilderness Act (16 U.S.C. poses of section 603 of the Federal Land Policy Secretary in accordance with the Wilderness Act 1131 et seq.) and subject to such terms and con- and Management Act of 1976 (43 U.S.C. 1782), (16 U.S.C. 1131 et seq.), except that— ditions as the Secretary may prescribe, the Sec- the public land in the County administered by (A) any reference in the Wilderness Act to the retary may authorize the installation and main- the Bureau of Land Management has been ade- effective date of that Act shall be considered to tenance of hydrologic, meteorologic, or climato- quately studied for wilderness designation. be a reference to the date of enactment of this logical collection devices in the wilderness areas (2) RELEASE.—Any public land described in Act; and designated by subsection (a)(1) if the Secretary paragraph (1) that is not designated as wilder- (B) any reference in the Wilderness Act to the determines that the facilities and access to the ness by subsection (a)(1)— Secretary of Agriculture shall be considered to facilities are essential to flood warning, flood (A) is no longer subject to section 603(c) of the be a reference to the Secretary that has jurisdic- control, or water reservoir operation activities. Federal Land Policy and Management Act of tion over the land. (9) WATER RIGHTS.— 1976 (43 U.S.C. 1782(c)); and (2) LIVESTOCK.—The grazing of livestock in (A) STATUTORY CONSTRUCTION.—Nothing in (B) shall be managed in accordance with ap- each area designated as wilderness by sub- this section— plicable law and the land management plans section (a)(1), where established before the date (i) shall constitute or be construed to con- adopted under section 202 of that Act (43 U.S.C. of enactment of this Act, shall be permitted to stitute either an express or implied reservation 1712). continue— by the United States of any water or water (d) TRANSFER OF ADMINISTRATIVE JURISDIC- (A) subject to such reasonable regulations, rights with respect to the land designated as TION TO NATIONAL PARK SERVICE.—Administra- policies, and practices that the Secretary con- wilderness by subsection (a)(1); tive jurisdiction over the land identified as the siders necessary; and (ii) shall affect any water rights in the State Watchman Wilderness on the Northeastern (B) in accordance with— existing on the date of enactment of this Act, in- Washington County Wilderness Map is hereby (i) section 4(d)(4) of the Wilderness Act (16 cluding any water rights held by the United transferred to the National Park Service, to be U.S.C. 1133(d)(4)); and States; included in, and administered as part of Zion (ii) the guidelines set forth in Appendix A of (iii) shall be construed as establishing a prece- National Park. the report of the Committee on Interior and In- dent with regard to any future wilderness des- SEC. 1973. ZION NATIONAL PARK WILDERNESS. sular Affairs of the House of Representatives ac- ignations; (a) DEFINITIONS.—In this section:

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(1) FEDERAL LAND.—The term ‘‘Federal land’’ (B) is established by subsection (c). (C) any other applicable law (including regu- means certain Federal land— (4) PUBLIC USE PLAN.—The term ‘‘public use lations). (A) that is— plan’’ means the use plan entitled ‘‘Red Cliffs (g) WITHDRAWAL.— (i) located in the County and Iron County, Desert Reserve Public Use Plan’’ and dated (1) IN GENERAL.—Subject to valid existing Utah; and June 12, 2000, as amended. rights, all Federal land located in the National (ii) managed by the National Park Service; (5) RESOURCE MANAGEMENT PLAN.—The term Conservation Area are withdrawn from— (B) consisting of approximately 124,406 acres; ‘‘resource management plan’’ means the man- (A) all forms of entry, appropriation, and dis- and agement plan entitled ‘‘St. George Field Office posal under the public land laws; (C) as generally depicted on the Zion National Resource Management Plan’’ and dated March (B) location, entry, and patenting under the Park Wilderness Map and the area added to the 15, 1999, as amended. mining laws; and park under section 1972(d). (c) ESTABLISHMENT.—Subject to valid existing (C) operation of the mineral leasing, mineral (2) WILDERNESS AREA.—The term ‘‘Wilderness rights, there is established in the State the Red materials, and geothermal leasing laws. Area’’ means the Zion Wilderness designated by Cliffs National Conservation Area. (2) ADDITIONAL LAND.—If the Secretary ac- subsection (b)(1). (d) MANAGEMENT PLAN.— quires additional land that is located in the Na- (3) ZION NATIONAL PARK WILDERNESS MAP.— (1) IN GENERAL.—Not later than 3 years after tional Conservation Area after the date of en- The term ‘‘Zion National Park Wilderness Map’’ the date of enactment of this Act and in accord- actment of this Act, the land is withdrawn from means the map entitled ‘‘Zion National Park ance with paragraph (2), the Secretary shall de- operation of the laws referred to in paragraph Wilderness’’ and dated April 2008. velop a comprehensive plan for the long-term (1) on the date of acquisition of the land. (b) ZION NATIONAL PARK WILDERNESS.— management of the National Conservation Area. (h) EFFECT.—Nothing in this section prohibits (1) DESIGNATION.—Subject to valid existing (2) CONSULTATION.—In developing the man- the authorization of the development of utilities rights, the Federal land is designated as wilder- agement plan required under paragraph (1), the within the National Conservation Area if the ness and as a component of the National Wil- Secretary shall consult with— development is carried out in accordance with— derness Preservation System, to be known as the (A) appropriate State, tribal, and local gov- (1) each utility development protocol described ‘‘Zion Wilderness’’. ernmental entities; and in the habitat conservation plan; and (2) INCORPORATION OF ACQUIRED LAND.—Any (B) members of the public. (2) any other applicable law (including regu- land located in the Zion National Park that is (3) INCORPORATION OF PLANS.—In developing lations). acquired by the Secretary through a voluntary the management plan required under paragraph SEC. 1975. BEAVER DAM WASH NATIONAL CON- sale, exchange, or donation may, on the rec- (1), to the extent consistent with this section, SERVATION AREA. ommendation of the Secretary, become part of the Secretary may incorporate any provision (a) PURPOSE.—The purpose of this section is the Wilderness Area, in accordance with the of— to conserve, protect, and enhance for the benefit Wilderness Act (16 U.S.C. 1131 et seq.). (A) the habitat conservation plan; and enjoyment of present and future genera- (3) MAP AND LEGAL DESCRIPTION.— (B) the resource management plan; and tions the ecological, scenic, wildlife, rec- (A) IN GENERAL.—As soon as practicable after (C) the public use plan. reational, cultural, historical, natural, edu- the date of enactment of this Act, the Secretary (e) MANAGEMENT.— cational, and scientific resources of the Beaver shall submit to the Committee on Energy and (1) IN GENERAL.—The Secretary shall manage Dam Wash National Conservation Area. Natural Resources of the Senate and the Com- the National Conservation Area— (b) DEFINITIONS.—In this section: mittee on Natural Resources of the House of (A) in a manner that conserves, protects, and (1) MANAGEMENT PLAN.—The term ‘‘manage- Representatives a map and legal description of enhances the resources of the National Con- ment plan’’ means the management plan for the the Wilderness Area. servation Area; and National Conservation Area developed by the (B) FORCE AND EFFECT.—The map and legal (B) in accordance with— Secretary under subsection (d)(1). description submitted under subparagraph (A) (i) the Federal Land Policy and Management (2) NATIONAL CONSERVATION AREA.—The term shall have the same force and effect as if in- Act of 1976 (43 U.S.C. 1701 et seq.); ‘‘National Conservation Area’’ means the Bea- cluded in this Act, except that the Secretary (ii) this section; and ver Dam Wash National Conservation Area may correct any clerical or typographical errors (iii) any other applicable law (including regu- that— (A) consists of approximately 68,083 acres of in the map or legal description. lations). public land in the County, as generally depicted (C) AVAILABILITY.—The map and legal de- (2) USES.—The Secretary shall only allow uses scription submitted under subparagraph (A) of the National Conservation Area that the Sec- on the Beaver Dam Wash National Conservation shall be available in the appropriate offices of retary determines would further a purpose de- Area Map; and (B) is established by subsection (c). the National Park Service. scribed in subsection (a). (c) ESTABLISHMENT.—Subject to valid existing (3) MOTORIZED VEHICLES.—Except in cases in SEC. 1974. RED CLIFFS NATIONAL CONSERVATION rights, there is established in the State the Bea- AREA. which motorized vehicles are needed for admin- ver Dam Wash National Conservation Area. (a) PURPOSES.—The purposes of this section istrative purposes, or to respond to an emer- (d) MANAGEMENT PLAN.— are— gency, the use of motorized vehicles in the Na- (1) IN GENERAL.—Not later than 3 years after (1) to conserve, protect, and enhance for the tional Conservation Area shall be permitted only the date of enactment of this Act and in accord- benefit and enjoyment of present and future on roads designated by the management plan ance with paragraph (2), the Secretary shall de- generations the ecological, scenic, wildlife, rec- for the use of motorized vehicles. velop a comprehensive plan for the long-term reational, cultural, historical, natural, edu- (4) GRAZING.—The grazing of livestock in the management of the National Conservation Area. cational, and scientific resources of the National National Conservation Area, where established (2) CONSULTATION.—In developing the man- Conservation Area; and before the date of enactment of this Act, shall be agement plan required under paragraph (1), the (2) to protect each species that is— permitted to continue— Secretary shall consult with— (A) located in the National Conservation (A) subject to— (A) appropriate State, tribal, and local gov- Area; and (i) such reasonable regulations, policies, and ernmental entities; and (B) listed as a threatened or endangered spe- practices as the Secretary considers necessary; (B) members of the public. cies on the list of threatened species or the list and (3) MOTORIZED VEHICLES.—In developing the of endangered species published under section (ii) applicable law; and management plan required under paragraph (1), 4(c)(1) of the Endangered Species Act of 1973 (16 (B) in a manner consistent with the purposes the Secretary shall incorporate the restrictions U.S.C. 1533(c)(1)). described in subsection (a). on motorized vehicles described in subsection (b) DEFINITIONS.—In this section: (5) WILDLAND FIRE OPERATIONS.—Nothing in (e)(3). (1) HABITAT CONSERVATION PLAN.—The term this section prohibits the Secretary, in coopera- (e) MANAGEMENT.— ‘‘habitat conservation plan’’ means the con- tion with other Federal, State, and local agen- (1) IN GENERAL.—The Secretary shall manage servation plan entitled ‘‘Washington County cies, as appropriate, from conducting wildland the National Conservation Area— Habitat Conservation Plan’’ and dated Feb- fire operations in the National Conservation (A) in a manner that conserves, protects, and ruary 23, 1996. Area, consistent with the purposes of this sec- enhances the resources of the National Con- (2) MANAGEMENT PLAN.—The term ‘‘manage- tion. servation Area; and ment plan’’ means the management plan for the (f) INCORPORATION OF ACQUIRED LAND AND (B) in accordance with— National Conservation Area developed by the INTERESTS.—Any land or interest in land that is (i) the Federal Land Policy and Management Secretary under subsection (d)(1). located in the National Conservation Area that Act of 1976 (43 U.S.C. 1701 et seq.); (3) NATIONAL CONSERVATION AREA.—The term is acquired by the United States shall— (ii) this section; and ‘‘National Conservation Area’’ means the Red (1) become part of the National Conservation (iii) any other applicable law (including regu- Cliffs National Conservation Area that— Area; and lations). (A) consists of approximately 44,725 acres of (2) be managed in accordance with— (2) USES.—The Secretary shall only allow uses public land in the County, as generally depicted (A) the Federal Land Policy and Management of the National Conservation Area that the Sec- on the Red Cliffs National Conservation Area Act of 1976 (43 U.S.C. 1701 et seq.); retary determines would further the purpose de- Map; and (B) this section; and scribed in subsection (a).

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(3) MOTORIZED VEHICLES.— ‘‘(B) NORTH FORK OF TAYLOR CREEK.—The junction with Pine Spring Wash and adjacent (A) IN GENERAL.—Except in cases in which segment from the head of North Fork to the land 1⁄2-mile wide, as a scenic river. motorized vehicles are needed for administrative junction with Taylor Creek and adjacent land ‘‘(T) KOLOB CREEK.—The 5.9-mile segment of purposes, or to respond to an emergency, the use rim-to-rim, as a wild river. Kolob Creek beginning in T. 39 S., R. 10 W., sec. of motorized vehicles in the National Conserva- ‘‘(C) MIDDLE FORK OF TAYLOR CREEK.—The 30, through Bureau of Land Management land tion Area shall be permitted only on roads des- segment from the head of Middle Fork on Bu- and Zion National Park land to the junction ignated by the management plan for the use of reau of Land Management land to the junction with the North Fork of the Virgin River and ad- motorized vehicles. with Taylor Creek and adjacent land rim-to-rim, jacent land rim-to-rim, as a wild river. (B) ADDITIONAL REQUIREMENT RELATING TO as a wild river. ‘‘(U) OAK CREEK.—The 1-mile stretch of Oak CERTAIN AREAS LOCATED IN THE NATIONAL CON- ‘‘(D) SOUTH FORK OF TAYLOR CREEK.—The Creek beginning in T. 39 S., R. 10 W., sec. 19, to SERVATION AREA.—In addition to the require- segment from the head of South Fork to the the junction with Kolob Creek and adjacent ment described in subparagraph (A), with re- junction with Taylor Creek and adjacent land land rim-to-rim, as a wild river. spect to the areas designated on the Beaver Dam rim-to-rim, as a wild river. ‘‘(V) GOOSE CREEK.—The 4.6-mile segment of Wash National Conservation Area Map as ‘‘Des- ‘‘(E) TIMBER CREEK AND TRIBUTARIES.—The Goose Creek from the head of Goose Creek to the ignated Road Areas’’, motorized vehicles shall 3.1-mile segment from the head of Timber Creek junction with the North Fork of the Virgin be permitted only on the roads identified on and tributaries of Timber Creek to the junction River and adjacent land rim-to-rim, as a wild such map. with LaVerkin Creek and adjacent land rim-to- river. (4) GRAZING.—The grazing of livestock in the rim, as a wild river. ‘‘(W) DEEP CREEK.—The 5.3-mile segment of National Conservation Area, where established ‘‘(F) LAVERKIN CREEK.—The 16.1-mile segment Deep Creek beginning on Bureau of Land Man- before the date of enactment of this Act, shall be beginning in T. 38 S., R. 11 W., sec. 21, on Bu- agement land at the northern boundary of T. 39 permitted to continue— reau of Land Management land, southwest S., R. 10 W., sec. 23, south to the junction of the (A) subject to— through Zion National Park, and ending at the North Fork of the Virgin River and adjacent (i) such reasonable regulations, policies, and south end of T. 40 S., R. 12 W., sec. 7, and adja- land rim-to-rim, as a wild river. practices as the Secretary considers necessary; cent land 1⁄2-mile wide, as a wild river. ‘‘(X) NORTH FORK OF THE VIRGIN RIVER.—The and ‘‘(G) WILLIS CREEK.—The 1.9-mile segment be- 10.8-mile segment of the North Fork of the Vir- (ii) applicable law (including regulations); ginning on Bureau of Land Management land gin River beginning on Bureau of Land Man- and in the SWSW sec. 27, T. 38 S., R. 11 W., to the agement land at the eastern border of T. 39 S., (B) in a manner consistent with the purpose junction with LaVerkin Creek in Zion National R. 10 W., sec. 35, to Temple of Sinawava and ad- described in subsection (a). Park and adjacent land rim-to-rim, as a wild jacent land rim-to-rim, as a wild river. (5) WILDLAND FIRE OPERATIONS.—Nothing in river. ‘‘(Y) NORTH FORK OF THE VIRGIN RIVER.—The this section prohibits the Secretary, in coopera- ‘‘(H) BEARTRAP CANYON.—The 2.3-mile seg- 8-mile segment of the North Fork of the Virgin tion with other Federal, State, and local agen- ment beginning on Bureau of Management land River from Temple of Sinawava south to the cies, as appropriate, from conducting wildland in the SWNW sec. 3, T. 39 S., R. 11 W., to the Zion National Park boundary and adjacent fire operations in the National Conservation junction with LaVerkin Creek and the segment land 1⁄2-mile wide, as a recreational river. Area, consistent with the purposes of this sec- from the headwaters north of Long Point to the ‘‘(Z) IMLAY CANYON.—The segment from the tion. junction with LaVerkin Creek and adjacent head of Imlay Creek to the junction with the (f) INCORPORATION OF ACQUIRED LAND AND land rim-to-rim, as a wild river. North Fork of the Virgin River and adjacent INTERESTS.—Any land or interest in land that is ‘‘(I) HOP VALLEY CREEK.—The 3.3-mile seg- land rim-to-rim, as a wild river. located in the National Conservation Area that ment beginning at the southern boundary of T. ‘‘(AA) ORDERVILLE CANYON.—The segment is acquired by the United States shall— 39 S., R. 11 W., sec. 20, to the junction with from the eastern boundary of Zion National (1) become part of the National Conservation LaVerkin Creek and adjacent land 1⁄2-mile wide, Park to the junction with the North Fork of the Area; and as a wild river. Virgin River and adjacent land rim-to-rim, as a (2) be managed in accordance with— (A) the Federal Land Policy and Management ‘‘(J) CURRENT CREEK.—The 1.4-mile segment wild river. Act of 1976 (43 U.S.C. 1701 et seq.); from the head of Current Creek to the junction ‘‘(BB) MYSTERY CANYON.—The segment from (B) this section; and with LaVerkin Creek and adjacent land rim-to- the head of Mystery Canyon to the junction (C) any other applicable law (including regu- rim, as a wild river. with the North Fork of the Virgin River and ad- lations). ‘‘(K) CANE CREEK.—The 0.6-mile segment from jacent land rim-to-rim, as a wild river. (g) WITHDRAWAL.— the head of Smith Creek to the junction with ‘‘(CC) ECHO CANYON.—The segment from the 1 (1) IN GENERAL.—Subject to valid existing LaVerkin Creek and adjacent land ⁄2-mile wide, eastern boundary of Zion National Park to the rights, all Federal land located in the National as a wild river. junction with the North Fork of the Virgin Conservation Area is withdrawn from— ‘‘(L) SMITH CREEK.—The 1.3-mile segment from River and adjacent land rim-to-rim, as a wild (A) all forms of entry, appropriation, and dis- the head of Smith Creek to the junction with river. posal under the public land laws; LaVerkin Creek and adjacent land 1⁄2-mile wide, ‘‘(DD) BEHUNIN CANYON.—The segment from (B) location, entry, and patenting under the as a wild river. the head of Behunin Canyon to the junction mining laws; and ‘‘(M) NORTH CREEK LEFT AND RIGHT FORKS.— with the North Fork of the Virgin River and ad- (C) operation of the mineral leasing, mineral The segment of the Left Fork from the junction jacent land rim-to-rim, as a wild river. materials, and geothermal leasing laws. with Wildcat Canyon to the junction with Right ‘‘(EE) HEAPS CANYON.—The segment from the (2) ADDITIONAL LAND.—If the Secretary ac- Fork, from the head of Right Fork to the junc- head of Heaps Canyon to the junction with the quires additional land that is located in the Na- tion with Left Fork, and from the junction of North Fork of the Virgin River and adjacent tional Conservation Area after the date of en- the Left and Right Forks southwest to Zion Na- land rim-to-rim, as a wild river. actment of this Act, the land is withdrawn from tional Park boundary and adjacent land rim-to- ‘‘(FF) BIRCH CREEK.—The segment from the operation of the laws referred to in paragraph rim, as a wild river. head of Birch Creek to the junction with the (1) on the date of acquisition of the land. ‘‘(N) WILDCAT CANYON (BLUE CREEK).—The North Fork of the Virgin River and adjacent SEC. 1976. ZION NATIONAL PARK WILD AND SCE- segment of Blue Creek from the Zion National land 1⁄2-mile wide, as a wild river. NIC RIVER DESIGNATION. Park boundary to the junction with the Right ‘‘(GG) OAK CREEK.—The segment of Oak (a) DESIGNATION.—Section 3(a) of the Wild Fork of North Creek and adjacent land rim-to- Creek from the head of Oak Creek to where the and Scenic Rivers Act (16 U.S.C. 1274(a)) (as rim, as a wild river. forks join and adjacent land 1⁄2-mile wide, as a amended by section 1852) is amended by adding ‘‘(O) LITTLE CREEK.—The segment beginning wild river. at the end the following: at the head of Little Creek to the junction with ‘‘(HH) OAK CREEK.—The 1-mile segment of ‘‘(204) ZION NATIONAL PARK, UTAH.—The ap- the Left Fork of North Creek and adjacent land Oak Creek from the point at which the 2 forks proximately 165.5 miles of segments of the Virgin 1⁄2-mile wide, as a wild river. of Oak Creek join to the junction with the North River and tributaries of the Virgin River across ‘‘(P) RUSSELL GULCH.—The segment from the Fork of the Virgin River and adjacent land 1⁄2- Federal land within and adjacent to Zion Na- head of Russell Gulch to the junction with the mile wide, as a recreational river. tional Park, as generally depicted on the map Left Fork of North Creek and adjacent land rim- ‘‘(II) CLEAR CREEK.—The 6.4-mile segment of entitled ‘Wild and Scenic River Segments Zion to-rim, as a wild river. Clear Creek from the eastern boundary of Zion National Park and Bureau of Land Manage- ‘‘(Q) GRAPEVINE WASH.—The 2.6-mile segment National Park to the junction with Pine Creek ment’ and dated April 2008, to be administered from the Lower Kolob Plateau to the junction and adjacent land rim-to-rim, as a recreational by the Secretary of the Interior in the following with the Left Fork of North Creek and adjacent river. classifications: land rim-to-rim, as a scenic river. ‘‘(JJ) PINE CREEK .—The 2-mile segment of ‘‘(A) TAYLOR CREEK.—The 4.5-mile segment ‘‘(R) PINE SPRING WASH.—The 4.6-mile segment Pine Creek from the head of Pine Creek to the from the junction of the north, middle, and to the junction with the left fork of North Creek junction with Clear Creek and adjacent land south forks of Taylor Creek, west to the park and adjacent land 1⁄2-mile, as a scenic river. rim-to-rim, as a wild river. boundary and adjacent land rim-to-rim, as a ‘‘(S) WOLF SPRINGS WASH.—The 1.4-mile seg- ‘‘(KK) PINE CREEK.—The 3-mile segment of scenic river. ment from the head of Wolf Springs Wash to the Pine Creek from the junction with Clear Creek

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(II) located on public land; and 8-mile segment of the East Fork of the Virgin (2) SCOPE; CONTENTS.—In developing the trav- (III) open to motorized use; and River from the eastern boundary of Zion Na- el management plan, the Secretary shall— (ii) if the Secretary concerned determines that tional Park through Parunuweap Canyon to the (A) in consultation with appropriate Federal rerouting the portion of the trail would not sig- western boundary of Zion National Park and agencies, State, tribal, and local governmental nificantly increase or decrease the length of the adjacent land 1⁄2-mile wide, as a wild river. entities (including the County and St. George trail. ‘‘(MM) SHUNES CREEK.—The 3-mile segment of City, Utah), and the public, identify 1 or more (E) NOTICE OF AVAILABLE ROUTES.—The Sec- Shunes Creek from the dry waterfall on land alternatives for a northern transportation route retary, in coordination with the Secretary of administered by the Bureau of Land Manage- in the County; Agriculture, shall ensure that visitors to the ment through Zion National Park to the western (B) ensure that the travel management plan trail have access to adequate notice relating to boundary of Zion National Park and adjacent contains a map that depicts the trail; and the availability of trail routes through— land 1⁄2-mile wide as a wild river.’’. (C) designate a system of areas, roads, and (i) the placement of appropriate signage along (b) INCORPORATION OF ACQUIRED NON-FED- trails for mechanical and motorized use. the trail; and ERAL LAND.—If the United States acquires any (c) DESIGNATION OF TRAIL.— (ii) the distribution of maps, safety education non-Federal land within or adjacent to Zion (1) DESIGNATION.— materials, and other information that the Sec- National Park that includes a river segment (A) IN GENERAL.—As a component of the trav- retary concerned determines to be appropriate. that is contiguous to a river segment of the Vir- el management plan, and in accordance with (3) EFFECT.—Nothing in this section affects gin River designated as a wild, scenic, or rec- subparagraph (B), the Secretary, in coordina- the ownership, management, or other rights re- reational river by paragraph (204) of section 3(a) tion with the Secretary of Agriculture, and after lating to any non-Federal land (including any of the Wild and Scenic Rivers Act (16 U.S.C. an opportunity for public comment, shall des- interest in any non-Federal land). 1274(a)) (as added by subsection (a)), the ac- ignate a trail (which may include a system of SEC. 1978. LAND DISPOSAL AND ACQUISITION. quired river segment shall be incorporated in, trails)— (a) IN GENERAL.—Consistent with applicable and be administered as part of, the applicable (i) for use by off-highway vehicles; and law, the Secretary of the Interior may sell public wild, scenic, or recreational river. (ii) to be known as the ‘‘High Desert Off- land located within Washington County, Utah, (c) SAVINGS CLAUSE.—The amendment made Highway Vehicle Trail’’. that, as of July 25, 2000, has been identified for by subsection (a) does not affect the agreement (B) REQUIREMENTS.—In designating the trail, disposal in appropriate resource management among the United States, the State, the Wash- the Secretary shall only include trails that are— plans. ington County Water Conservancy District, and (i) as of the date of enactment of this Act, au- (b) USE OF PROCEEDS.— the Kane County Water Conservancy District thorized for use by off-highway vehicles; and (1) IN GENERAL.—Notwithstanding any other entitled ‘‘Zion National Park Water Rights Set- (ii) located on land that is managed by the provision of law (other than a law that specifi- tlement Agreement’’ and dated December 4, 1996. Bureau of Land Management in the County. cally provides for a portion of the proceeds of a SEC. 1977. WASHINGTON COUNTY COMPREHEN- (C) NATIONAL FOREST LAND.—The Secretary of land sale to be distributed to any trust fund of SIVE TRAVEL AND TRANSPORTATION Agriculture, in coordination with the Secretary the State), proceeds from the sale of public land MANAGEMENT PLAN. and in accordance with applicable law, may under subsection (a) shall be deposited in a sep- (a) DEFINITIONS.—In this section: designate a portion of the trail on National For- arate account in the Treasury to be known as (1) SECRETARY.—The term ‘‘Secretary’’ means est System land within the County. the ‘‘Washington County, Utah Land Acquisi- the Secretary of the Interior. (D) MAP.—A map that depicts the trail shall tion Account’’. (2) SECRETARY CONCERNED.—The term ‘‘Sec- be on file and available for public inspection in (2) AVAILABILITY.— retary concerned’’ means— the appropriate offices of— (A) IN GENERAL.—Amounts in the account (A) with respect to land managed by the Bu- (i) the Bureau of Land Management; and shall be available to the Secretary, without fur- reau of Land Management, the Secretary; and (ii) the Forest Service. ther appropriation, to purchase from willing (B) with respect to land managed by the For- (2) MANAGEMENT.— sellers lands or interests in land within the wil- est Service, the Secretary of Agriculture. (A) IN GENERAL.—The Secretary concerned derness areas and National Conservation Areas (3) TRAIL.—The term ‘‘trail’’ means the High shall manage the trail— established by this subtitle. Desert Off-Highway Vehicle Trail designated (i) in accordance with applicable laws (includ- (B) APPLICABILITY.—Any purchase of land or under subsection (c)(1)(A). ing regulations); interest in land under subparagraph (A) shall (4) TRAVEL MANAGEMENT PLAN.—The term (ii) to ensure the safety of citizens who use be in accordance with applicable law. ‘‘travel management plan’’ means the com- the trail; and (iii) in a manner by which to minimize any SEC. 1979. MANAGEMENT OF PRIORITY BIOLOGI- prehensive travel and transportation manage- CAL AREAS. ment plan developed under subsection (b)(1). damage to sensitive habitat or cultural re- (a) IN GENERAL.—In accordance with applica- (b) COMPREHENSIVE TRAVEL AND TRANSPOR- sources. ble Federal laws (including regulations), the TATION MANAGEMENT PLAN.— (B) MONITORING; EVALUATION.—To minimize Secretary of the Interior shall— (1) IN GENERAL.—Not later than 3 years after the impacts of the use of the trail on environ- (1) identify areas located in the County where the date of enactment of this Act, in accordance mental and cultural resources, the Secretary biological conservation is a priority; and with the Federal Land Policy and Management concerned shall— (2) undertake activities to conserve and re- Act of 1976 (43 U.S.C. 1701 et seq.) and other ap- (i) annually assess the effects of the use of store plant and animal species and natural com- plicable laws (including regulations), the Sec- off-highway vehicles on— munities within such areas. retary, in consultation with appropriate Federal (I) the trail; and (b) GRANTS; COOPERATIVE AGREEMENTS.—In agencies and State, tribal, and local govern- (II) land located in proximity to the trail; and carrying out subsection (a), the Secretary of the mental entities, and after an opportunity for (ii) in consultation with the Utah Department Interior may make grants to, or enter into coop- public comment, shall develop a comprehensive of Natural Resources, annually assess the ef- erative agreements with, State, tribal, and local travel management plan for the land managed fects of the use of the trail on wildlife and wild- governmental entities and private entities to by the Bureau of Land Management in the life habitat. conduct research, develop scientific analyses, County— (C) CLOSURE.—The Secretary concerned, in and carry out any other initiative relating to (A) to provide to the public a clearly marked consultation with the State and the County, the restoration or conservation of the areas. network of roads and trails with signs and maps and subject to subparagraph (D), may tempo- to promote— rarily close or permanently reroute a portion of SEC. 1980. PUBLIC PURPOSE CONVEYANCES. (i) public safety and awareness; and the trail if the Secretary concerned determines (a) IN GENERAL.—Notwithstanding the land (ii) enhanced recreation and general access that— use planning requirements of sections 202 and opportunities; (i) the trail is having an adverse impact on— 203 of the Federal Land Policy and Manage- (B) to help reduce in the County growing con- (I) wildlife habitats; ment Act of 1976 (43 U.S.C. 1712, 1713), upon the flicts arising from interactions between— (II) natural resources; request of the appropriate local governmental (i) motorized recreation; and (III) cultural resources; or entity, as described below, the Secretary shall (ii) the important resource values of public (IV) traditional uses; convey the following parcels of public land land; (ii) the trail threatens public safety; or without consideration, subject to the provisions (C) to promote citizen-based opportunities (iii) closure of the trail is necessary— of this section: for— (I) to repair damage to the trail; or (1) TEMPLE QUARRY.—The approximately 122- (i) the monitoring and stewardship of the (II) to repair resource damage. acre parcel known as ‘‘Temple Quarry’’ as gen- trail; and (D) REROUTING.—Any portion of the trail that erally depicted on the Washington County (ii) trail system management; and is temporarily closed by the Secretary concerned Growth and Conservation Act Map as ‘‘Parcel (D) to support law enforcement officials in under subparagraph (C) may be permanently re- B’’, to the City of St. George, Utah, for open promoting— routed along any road or trail— space and public recreation purposes.

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(2) HURRICANE CITY SPORTS PARK.—The ap- (B) APPRAISAL.—The fair market value of any (4) LAND TO BE MADE A PART OF THE RESERVA- proximately 41-acre parcel as generally depicted Federal land that is conveyed under paragraph TION.—Land taken into trust pursuant to this on the Washington County Growth and Con- (1) shall be determined by an appraisal accept- section shall be considered to be part of the res- servation Act Map as ‘‘Parcel C’’, to the City of able to the Secretary that is performed in ac- ervation of the Tribe. Hurricane, Utah, for public recreation purposes cordance with— SEC. 1983. AUTHORIZATION OF APPROPRIATIONS. and public administrative offices. (i) the Uniform Appraisal Standards for Fed- There are authorized to be appropriated such (3) WASHINGTON COUNTY SCHOOL DISTRICT.— eral Land Acquisitions; sums as are necessary to carry out this subtitle. The approximately 70-acre parcel as generally (ii) the Uniform Standards of Professional Ap- depicted on the Washington County Growth and praisal Practice; and TITLE II—BUREAU OF LAND MANAGEMENT Conservation Act Map as ‘‘Parcel D’’, to the (iii) any other applicable law (including regu- AUTHORIZATIONS Washington County Public School District for lations). Subtitle A—National Landscape Conservation use for public school and related educational (4) DISPOSITION AND USE OF PROCEEDS.— System and administrative purposes. (A) DISPOSITION OF PROCEEDS.—The Secretary SEC. 2001. DEFINITIONS. (4) WASHINGTON COUNTY JAIL.—The approxi- shall deposit the proceeds of any sale of land In this subtitle: mately 80-acre parcel as generally depicted on under paragraph (1) in the fund established (1) SECRETARY.—The term ‘‘Secretary’’ means the Washington County Growth and Conserva- under Public Law 90–171 (commonly known as the Secretary of the Interior. tion Act Map as ‘‘Parcel E’’, to Washington the ‘‘Sisk Act’’) (16 U.S.C. 484a). (2) SYSTEM.—The term ‘‘system’’ means the County, Utah, for expansion of the Purgatory (B) USE OF PROCEEDS.—Amounts deposited National Landscape Conservation System estab- Correctional Facility. under subparagraph (A) shall be available to lished by section 2002(a). the Secretary, without further appropriation (5) HURRICANE EQUESTRIAN PARK.—The ap- SEC. 2002. ESTABLISHMENT OF THE NATIONAL proximately 40-acre parcel as generally depicted and until expended, for the acquisition of real LANDSCAPE CONSERVATION SYS- on the Washington County Growth and Con- property or interests in real property for inclu- TEM. servation Act Map as ‘‘Parcel F’’, to the City of sion in the Dixie National Forest in the State. (a) ESTABLISHMENT.—In order to conserve, Hurricane, Utah, for use as a public equestrian (5) ADDITIONAL TERMS AND CONDITIONS.—The protect, and restore nationally significant land- park. Secretary may require any additional terms and scapes that have outstanding cultural, ecologi- (b) MAP AND LEGAL DESCRIPTIONS.—As soon conditions for any conveyance under paragraph cal, and scientific values for the benefit of cur- as practicable after the date of enactment of this (1) that the Secretary determines to be appro- rent and future generations, there is established Act, the Secretary shall finalize legal descrip- priate to protect the interests of the United in the Bureau of Land Management the Na- tions of the parcels to be conveyed under this States. tional Landscape Conservation System. section. The Secretary may correct any minor SEC. 1982. TRANSFER OF LAND INTO TRUST FOR (b) COMPONENTS.—The system shall include errors in the map referenced in subsection (a) or SHIVWITS BAND OF PAIUTE INDIANS. each of the following areas administered by the in the applicable legal descriptions. The map (a) DEFINITIONS.—In this section: Bureau of Land Management: and legal descriptions shall be on file and avail- (1) PARCEL A.—The term ‘‘Parcel A’’ means (1) Each area that is designated as— able for public inspection in the appropriate of- the parcel that consists of approximately 640 (A) a national monument; fices of the Bureau of Land Management. acres of land that is— (B) a national conservation area; (c) REVERSION.— (A) managed by the Bureau of Land Manage- (C) a wilderness study area; (1) IN GENERAL.—If any parcel conveyed ment; (D) a national scenic trail or national historic under this section ceases to be used for the pub- (B) located in Washington County, Utah; and trail designated as a component of the National lic purpose for which the parcel was conveyed, (C) depicted on the map entitled ‘‘Washington Trails System; as described in subsection (a), the land shall, at County Growth and Conservation Act Map’’. (E) a component of the National Wild and the discretion of the Secretary based on his de- (2) SECRETARY.—The term ‘‘Secretary’’ means Scenic Rivers System; or termination of the best interests of the United the Secretary of the Interior. (F) a component of the National Wilderness (3) TRIBE.—The term ‘‘Tribe’’ means the States, revert to the United States. Preservation System. (2) RESPONSIBILITY OF LOCAL GOVERNMENTAL Shivwits Band of Paiute Indians of the State of (2) Any area designated by Congress to be ad- ENTITY.—If the Secretary determines pursuant Utah. ministered for conservation purposes, includ- to paragraph (1) that the land should revert to (b) PARCEL TO BE HELD IN TRUST.— ing— the United States, and if the Secretary deter- (1) IN GENERAL.—At the request of the Tribe, (A) the Steens Mountain Cooperative Man- mines that the land is contaminated with haz- the Secretary shall take into trust for the benefit agement and Protection Area; ardous waste, the local governmental entity to of the Tribe all right, title, and interest of the (B) the Headwaters Forest Reserve; which the land was conveyed shall be respon- United States in and to Parcel A. (C) the Yaquina Head Outstanding Natural sible for remediation of the contamination. (2) SURVEY; LEGAL DESCRIPTION.— Area; SEC. 1981. CONVEYANCE OF DIXIE NATIONAL (A) SURVEY.—Not later than 180 days after the date of enactment of this Act, the Secretary, (D) public land within the California Desert FOREST LAND. Conservation Area administered by the Bureau (a) DEFINITIONS.—In this section: acting through the Director of the Bureau of of Land Management for conservation purposes; (1) COVERED FEDERAL LAND.—The term ‘‘cov- Land Management, shall complete a survey of and ered Federal land’’ means the approximately Parcel A to establish the boundary of Parcel A. (E) any additional area designated by Con- 66.07 acres of land in the Dixie National Forest (B) LEGAL DESCRIPTION OF PARCEL A.— gress for inclusion in the system. in the State, as depicted on the map. (i) IN GENERAL.—Upon the completion of the (c) MANAGEMENT.—The Secretary shall man- (2) LANDOWNER.—The term ‘‘landowner’’ survey under subparagraph (A), the Secretary means Kirk R. Harrison, who owns land in shall publish in the Federal Register a legal de- age the system— Pinto Valley, Utah. scription of— (1) in accordance with any applicable law (in- (3) MAP.—The term ‘‘map’’ means the map en- (I) the boundary line of Parcel A; and cluding regulations) relating to any component titled ‘‘Conveyance of Dixie National Forest (II) Parcel A. of the system included under subsection (b); and Land’’ and dated December 18, 2008. (ii) TECHNICAL CORRECTIONS.—Before the date (2) in a manner that protects the values for (4) SECRETARY.—The term ‘‘Secretary’’ means of publication of the legal descriptions under which the components of the system were des- the Secretary of Agriculture. clause (i), the Secretary may make minor correc- ignated. (b) CONVEYANCE.— tions to correct technical and clerical errors in (d) EFFECT.— (1) IN GENERAL.—The Secretary may convey to the legal descriptions. (1) IN GENERAL.—Nothing in this subtitle en- the landowner all right, title, and interest of the (iii) EFFECT.—Effective beginning on the date hances, diminishes, or modifies any law or proc- United States in and to any of the covered Fed- of publication of the legal descriptions under lamation (including regulations relating to the eral land (including any improvements or ap- clause (i), the legal descriptions shall be consid- law or proclamation) under which the compo- purtenances to the covered Federal land) by sale ered to be the official legal descriptions of Par- nents of the system described in subsection (b) or exchange. cel A. were established or are managed, including— (2) LEGAL DESCRIPTION.—The exact acreage (3) EFFECT.—Nothing in this section— (A) the Alaska National Interest Lands Con- and legal description of the covered Federal (A) affects any valid right in existence on the servation Act (16 U.S.C. 3101 et seq.); land to be conveyed under paragraph (1) shall date of enactment of this Act; (B) the Wilderness Act (16 U.S.C. 1131 et seq.); be determined by surveys satisfactory to the Sec- (B) enlarges, impairs, or otherwise affects any (C) the Wild and Scenic Rivers Act (16 U.S.C. retary. right or claim of the Tribe to any land or inter- 1271 et seq.); (3) CONSIDERATION.— est in land other than to Parcel A that is— (D) the National Trails System Act (16 U.S.C. (A) IN GENERAL.—As consideration for any (i) based on an aboriginal or Indian title; and 1241 et seq.); and conveyance by sale under paragraph (1), the (ii) in existence as of the date of enactment of (E) the Federal Land Policy and Management landowner shall pay to the Secretary an amount this Act; or Act of 1976 (43 U.S.C. 1701 et seq.). equal to the fair market value of any Federal (C) constitutes an express or implied reserva- (2) FISH AND WILDLIFE.—Nothing in this sub- land conveyed, as determined under subpara- tion of water or a water right with respect to title shall be construed as affecting the author- graph (B). Parcel A. ity, jurisdiction, or responsibility of the several

VerDate Mar 15 2010 12:18 Aug 01, 2011 Jkt 079102 PO 00000 Frm 00046 Fmt 0688 Sfmt 6333 E:\BR09\H25MR9.001 H25MR9 erowe on DSK5CLS3C1PROD with BOUND RECORD March 25, 2009 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 7 8629 States to manage, control, or regulate fish and the same force and effect as if included in this the Federal Land Policy and Management Act resident wildlife under State law or regulations, subtitle, except that the Secretary may correct of 1976 (43 U.S.C. 1782(c)); or including the regulation of hunting, fishing, any clerical or typographical errors in the legal (B) managed as an area of critical environ- trapping and recreational shooting on public description and the map. ment concern. land managed by the Bureau of Land Manage- (3) CONFLICT BETWEEN MAP AND LEGAL DE- (2) CONFLICT OF LAWS.—If there is a conflict ment. Nothing in this subtitle shall be construed SCRIPTION.—In the case of a conflict between between the laws applicable to the areas de- as limiting access for hunting, fishing, trapping, the map and the legal description, the map shall scribed in paragraph (1) and this subtitle, the or recreational shooting. control. more restrictive provision shall control. SEC. 2003. AUTHORIZATION OF APPROPRIATIONS. (4) AVAILABILITY OF MAP AND LEGAL DESCRIP- (f) MOTORIZED VEHICLES.— There are authorized to be appropriated such TION.—Copies of the map and legal description (1) IN GENERAL.—Except as needed for admin- sums as are necessary to carry out this subtitle. shall be on file and available for public inspec- istrative purposes or to respond to an emer- tion in the appropriate offices of the Bureau of gency, the use of motorized vehicles in the Subtitle B—Prehistoric Trackways National Monument shall be allowed only on roads and Monument Land Management. (d) MINOR BOUNDARY ADJUSTMENTS.—If addi- trails designated for use by motorized vehicles SEC. 2101. FINDINGS. tional paleontological resources are discovered under the management plan prepared under Congress finds that— on public land adjacent to the Monument after subsection (b). (1) in 1987, a major deposit of Paleozoic Era the date of enactment of this Act, the Secretary (2) PERMITTED EVENTS.—The Secretary may fossilized footprint megatrackways was discov- may make minor boundary adjustments to the issue permits for special recreation events in- ered in the Robledo Mountains in southern New Monument to include the resources in the volving motorized vehicles within the bound- Mexico; Monument. aries of the Monument— (2) the trackways contain footprints of numer- (A) to the extent the events do not harm pale- ous amphibians, reptiles, and insects (including SEC. 2104. ADMINISTRATION. ontological resources; and previously unknown species), plants, and pet- (a) MANAGEMENT.— (B) subject to any terms and conditions that rified wood dating back approximately (1) IN GENERAL.—The Secretary shall manage the Secretary determines to be necessary. 280,000,000 years, which collectively provide new the Monument— (g) WITHDRAWALS.—Subject to valid existing opportunities to understand animal behaviors (A) in a manner that conserves, protects, and rights, any Federal land within the Monument and environments from a time predating the di- enhances the resources and values of the Monu- and any land or interest in land that is acquired nosaurs; ment, including the resources and values de- by the United States for inclusion in the Monu- (3) title III of Public Law 101–578 (104 Stat. scribed in section 2103(a); and ment after the date of enactment of this Act are 2860)— (B) in accordance with— withdrawn from— (A) provided interim protection for the site at (i) this subtitle; (1) entry, appropriation, or disposal under the which the trackways were discovered; and (ii) the Federal Land Policy and Management public land laws; (B) directed the Secretary of the Interior to— Act of 1976 (43 U.S.C. 1701 et seq.); and (2) location, entry, and patent under the min- (i) prepare a study assessing the significance (iii) other applicable laws. ing laws; and of the site; and (2) NATIONAL LANDSCAPE CONSERVATION SYS- (3) operation of the mineral leasing laws, geo- (ii) based on the study, provide recommenda- TEM.—The Monument shall be managed as a thermal leasing laws, and minerals materials tions for protection of the paleontological re- component of the National Landscape Conserva- laws. sources at the site; tion System. (h) GRAZING.—The Secretary may allow graz- (4) the Bureau of Land Management com- (b) MANAGEMENT PLAN.— ing to continue in any area of the Monument in pleted the Paleozoic Trackways Scientific Study (1) IN GENERAL.—Not later than 3 years after which grazing is allowed before the date of en- Report in 1994, which characterized the site as the date of enactment of this Act, the Secretary actment of this Act, subject to applicable laws containing ‘‘the most scientifically significant shall develop a comprehensive management plan (including regulations). Early Permian tracksites’’ in the world; for the long-term protection and management of (i) WATER RIGHTS.—Nothing in this subtitle (5) despite the conclusion of the study and the the Monument. constitutes an express or implied reservation by recommendations for protection, the site remains (2) COMPONENTS.—The management plan the United States of any water or water rights unprotected and many irreplaceable trackways under paragraph (1)— with respect to the Monument. specimens have been lost to vandalism or theft; (A) shall— SEC. 2105. AUTHORIZATION OF APPROPRIATIONS. and (i) describe the appropriate uses and manage- There are authorized to be appropriated such (6) designation of the trackways site as a Na- ment of the Monument, consistent with the pro- sums as are necessary to carry out this subtitle. tional Monument would protect the unique fos- visions of this subtitle; and Subtitle C—Fort Stanton-Snowy River Cave sil resources for present and future generations (ii) allow for continued scientific research at National Conservation Area while allowing for public education and contin- the Monument during the development of the SEC. 2201. DEFINITIONS. ued scientific research opportunities. management plan; and In this subtitle: (B) may— SEC. 2102. DEFINITIONS. (1) CONSERVATION AREA.—The term ‘‘Con- (i) incorporate any appropriate decisions con- In this subtitle: servation Area’’ means the Fort Stanton-Snowy tained in any current management or activity (1) MONUMENT.—The term ‘‘Monument’’ River Cave National Conservation Area estab- plan for the land described in section 2103(b); means the Prehistoric Trackways National lished by section 2202(a). Monument established by section 2103(a). and (2) MANAGEMENT PLAN.—The term ‘‘manage- (2) PUBLIC LAND.—The term ‘‘public land’’ (ii) use information developed in studies of ment plan’’ means the management plan devel- has the meaning given the term ‘‘public lands’’ any land within or adjacent to the Monument oped for the Conservation Area under section in section 103 of the Federal Land Policy and that were conducted before the date of enact- 2203(c). Management Act of 1976 (43 U.S.C. 1702). ment of this Act. (3) SECRETARY.—The term ‘‘Secretary’’ means (3) SECRETARY.—The term ‘‘Secretary’’ means (c) AUTHORIZED USES.—The Secretary shall the Secretary of the Interior, acting through the the Secretary of the Interior. only allow uses of the Monument that the Sec- Director of the Bureau of Land Management. retary determines would further the purposes SEC. 2103. ESTABLISHMENT. SEC. 2202. ESTABLISHMENT OF THE FORT STAN- (a) IN GENERAL.—In order to conserve, pro- for which the Monument has been established. TON-SNOWY RIVER CAVE NATIONAL tect, and enhance the unique and nationally im- (d) INTERPRETATION, EDUCATION, AND SCI- CONSERVATION AREA. portant paleontological, scientific, educational, ENTIFIC RESEARCH.— (a) ESTABLISHMENT; PURPOSES.—There is es- scenic, and recreational resources and values of (1) IN GENERAL.—The Secretary shall provide tablished the Fort Stanton-Snowy River Cave the public land described in subsection (b), there for public interpretation of, and education and National Conservation Area in Lincoln County, is established the Prehistoric Trackways Na- scientific research on, the paleontological re- New Mexico, to protect, conserve, and enhance tional Monument in the State of New Mexico. sources of the Monument, with priority given to the unique and nationally important historic, (b) DESCRIPTION OF LAND.—The Monument exhibiting and curating the resources in Don˜ a cultural, scientific, archaeological, natural, and shall consist of approximately 5,280 acres of Ana County, New Mexico. educational subterranean cave resources of the public land in Don˜ a Ana County, New Mexico, (2) COOPERATIVE AGREEMENTS.—The Secretary Fort Stanton-Snowy River cave system. as generally depicted on the map entitled ‘‘Pre- may enter into cooperative agreements with ap- (b) AREA INCLUDED.—The Conservation Area historic Trackways National Monument’’ and propriate public entities to carry out paragraph shall include the area within the boundaries de- dated December 17, 2008. (1). picted on the map entitled ‘‘Fort Stanton-Snowy (c) MAP; LEGAL DESCRIPTION.— (e) SPECIAL MANAGEMENT AREAS.— River Cave National Conservation Area’’ and (1) IN GENERAL.—As soon as practicable after (1) IN GENERAL.—The establishment of the dated December 15, 2008. the date of enactment of this Act, the Secretary Monument shall not change the management (c) MAP AND LEGAL DESCRIPTION.— shall prepare and submit to Congress an official status of any area within the boundary of the (1) IN GENERAL.—As soon as practicable after map and legal description of the Monument. Monument that is— the date of enactment of this Act, the Secretary (2) CORRECTIONS.—The map and legal descrip- (A) designated as a wilderness study area and shall submit to Congress a map and legal de- tion submitted under paragraph (1) shall have managed in accordance with section 603(c) of scription of the Conservation Area.

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(2) EFFECT.—The map and legal description of historical involvement of the local community in (2) AREA INCLUDED.—The Conservation Area the Conservation Area shall have the same force the interpretation and protection of the re- shall consist of approximately 209,610 acres of and effect as if included in this subtitle, except sources of the Conservation Area. public land, as generally depicted on the Map. that the Secretary may correct any minor errors (d) RESEARCH AND INTERPRETIVE FACILITIES.— (b) PURPOSES.—The purposes of the Conserva- in the map and legal description. (1) IN GENERAL.—The Secretary may establish tion Area are to conserve and protect for the (3) PUBLIC AVAILABILITY.—The map and legal facilities for— benefit and enjoyment of present and future description of the Conservation Area shall be (A) the conduct of scientific research; and generations— available for public inspection in the appro- (B) the interpretation of the historical, cul- (1) the unique and important resources and priate offices of the Bureau of Land Manage- tural, scientific, archaeological, natural, and values of the land, including the geological, cul- ment. educational resources of the Conservation Area. tural, archaeological, paleontological, natural, SEC. 2203. MANAGEMENT OF THE CONSERVATION (2) COOPERATIVE AGREEMENTS.—The Secretary scientific, recreational, wilderness, wildlife, ri- AREA. may, in a manner consistent with this subtitle, parian, historical, educational, and scenic re- (a) MANAGEMENT.— enter into cooperative agreements with the State sources of the public land; and (1) IN GENERAL.—The Secretary shall manage of New Mexico and other institutions and orga- (2) the water resources of area streams, based the Conservation Area— nizations to carry out the purposes of this sub- on seasonally available flows, that are nec- (A) in a manner that conserves, protects, and title. essary to support aquatic, riparian, and terres- enhances the resources and values of the Con- (e) WATER RIGHTS.—Nothing in this subtitle trial species and communities. servation Area, including the resources and val- constitutes an express or implied reservation of (c) MANAGEMENT.— ues described in section 2202(a); and any water right. (1) IN GENERAL.—The Secretary shall manage (B) in accordance with— SEC. 2204. AUTHORIZATION OF APPROPRIATIONS. the Conservation Area— (i) this subtitle; There are authorized to be appropriated such (A) as a component of the National Landscape (ii) the Federal Land Policy and Management sums as are necessary to carry out this subtitle. Conservation System; (B) in a manner that conserves, protects, and Act of 1976 (43 U.S.C. 1701 et seq.); and Subtitle D—Snake River Birds of Prey enhances the resources and values of the Con- (iii) any other applicable laws. National Conservation Area (2) USES.—The Secretary shall only allow uses servation Area described in subsection (b); and of the Conservation Area that are consistent SEC. 2301. SNAKE RIVER BIRDS OF PREY NA- (C) in accordance with— with the protection of the cave resources. TIONAL CONSERVATION AREA. (i) the Federal Land Policy and Management (a) RENAMING.—Public Law 103–64 is amend- (3) REQUIREMENTS.—In administering the Act of 1976 (43 U.S.C. 1701 et seq.); Conservation Area, the Secretary shall provide ed— (ii) this subtitle; and (1) in section 2(2) (16 U.S.C. 460iii–1(2)), by in- for— (iii) any other applicable laws. (A) the conservation and protection of the serting ‘‘Morley Nelson’’ before ‘‘Snake River (2) USES.— natural and unique features and environs for Birds of Prey National Conservation Area’’; and (A) IN GENERAL.—The Secretary shall allow (2) in section 3(a)(1) (16 U.S.C. 460iii–2(a)(1)), scientific, educational, and other appropriate only such uses of the Conservation Area as the by inserting ‘‘Morley Nelson’’ before ‘‘Snake public uses of the Conservation Area; Secretary determines would further the purposes (B) public access, as appropriate, while pro- River Birds of Prey National Conservation for which the Conservation Area is established. viding for the protection of the cave resources Area’’. (B) USE OF MOTORIZED VEHICLES.— (b) REFERENCES.—Any reference in a law, and for public safety; (i) IN GENERAL.—Except as provided in clauses map, regulation, document, paper, or other (C) the continuation of other existing uses or (ii) and (iii), use of motorized vehicles in the record of the United States to the Snake River other new uses of the Conservation Area that do Conservation Area shall be allowed— Birds of Prey National Conservation Area shall not impair the purposes for which the Conserva- (I) before the effective date of the management be deemed to be a reference to the Morley Nelson tion Area is established; plan, only on roads and trails designated for (D) management of the surface area of the Snake River Birds of Prey National Conserva- use of motor vehicles in the management plan Conservation Area in accordance with the Fort tion Area. that applies on the date of the enactment of this (c) TECHNICAL CORRECTIONS.—Public Law Stanton Area of Critical Environmental Concern Act to the public land in the Conservation Area; 103–64 is further amended— Final Activity Plan dated March, 2001, or any and (1) in section 3(a)(1) (16 U.S.C. 460iii–2(a)(1)), amendments to the plan, consistent with this (II) after the effective date of the management by striking ‘‘(hereafter referred to as the ‘con- subtitle; and plan, only on roads and trails designated in the servation area’)’’; and (E) scientific investigation and research op- management plan for the use of motor vehicles. (2) in section 4 (16 U.S.C. 460iii–3)— (ii) ADMINISTRATIVE AND EMERGENCY RE- portunities within the Conservation Area, in- (A) in subsection (a)(2), by striking ‘‘Con- cluding through partnerships with colleges, uni- SPONSE USE.—Clause (i) shall not limit the use of servation Area’’ and inserting ‘‘conservation motor vehicles in the Conservation Area for ad- versities, schools, scientific institutions, re- area’’; and searchers, and scientists to conduct research ministrative purposes or to respond to an emer- (B) in subsection (d), by striking ‘‘Visitors gency. and provide educational and interpretive serv- Center’’ and inserting ‘‘visitors center’’. ices within the Conservation Area. (iii) LIMITATION.—This subparagraph shall (b) WITHDRAWALS.—Subject to valid existing Subtitle E—Dominguez-Escalante National not apply to the Wilderness. rights, all Federal surface and subsurface land Conservation Area SEC. 2403. DOMINGUEZ CANYON WILDERNESS within the Conservation Area and all land and SEC. 2401. DEFINITIONS. AREA. interests in the land that are acquired by the In this subtitle: (a) IN GENERAL.—In accordance with the Wil- United States after the date of enactment of this (1) CONSERVATION AREA.—The term ‘‘Con- derness Act (16 U.S.C. 1131 et seq.), the approxi- Act for inclusion in the Conservation Area, are servation Area’’ means the Dominguez- mately 66,280 acres of public land in Mesa, withdrawn from— Escalante National Conservation Area estab- Montrose, and Delta Counties, Colorado, as (1) all forms of entry, appropriation, or dis- lished by section 2402(a)(1). generally depicted on the Map, is designated as posal under the general land laws; (2) COUNCIL.—The term ‘‘Council’’ means the wilderness and as a component of the National (2) location, entry, and patent under the min- Dominguez-Escalante National Conservation Wilderness Preservation System, to be known as ing laws; and Area Advisory Council established under section the ‘‘Dominguez Canyon Wilderness Area’’. (3) operation under the mineral leasing and 2407. (b) ADMINISTRATION OF WILDERNESS.—The geothermal leasing laws. (3) MANAGEMENT PLAN.—The term ‘‘manage- Wilderness shall be managed by the Secretary in (c) MANAGEMENT PLAN.— ment plan’’ means the management plan devel- accordance with the Wilderness Act (16 U.S.C. (1) IN GENERAL.—Not later than 2 years after oped under section 2406. 1131 et seq.) and this subtitle, except that— the date of enactment of this Act, the Secretary (4) MAP.—The term ‘‘Map’’ means the map (1) any reference in the Wilderness Act to the shall develop a comprehensive plan for the long- entitled ‘‘Dominguez-Escalante National Con- effective date of that Act shall be considered to term management of the Conservation Area. servation Area’’ and dated September 15, 2008. be a reference to the date of enactment of this (2) PURPOSES.—The management plan shall— (5) SECRETARY.—The term ‘‘Secretary’’ means Act; and (A) describe the appropriate uses and manage- the Secretary of the Interior. (2) any reference in the Wilderness Act to the ment of the Conservation Area; (6) STATE.—The term ‘‘State’’ means the State Secretary of Agriculture shall be considered to (B) incorporate, as appropriate, decisions con- of Colorado. be a reference to the Secretary of the Interior. tained in any other management or activity (7) WILDERNESS.—The term ‘‘Wilderness’’ SEC. 2404. MAPS AND LEGAL DESCRIPTIONS. plan for the land within or adjacent to the Con- means the Dominguez Canyon Wilderness Area (a) IN GENERAL.—As soon as practicable after servation Area; designated by section 2403(a). the date of enactment of this Act, the Secretary (C) take into consideration any information SEC. 2402. DOMINGUEZ-ESCALANTE NATIONAL shall file a map and a legal description of the developed in studies of the land and resources CONSERVATION AREA. Conservation Area and the Wilderness with— within or adjacent to the Conservation Area; (a) ESTABLISHMENT.— (1) the Committee on Energy and Natural Re- and (1) IN GENERAL.—There is established the sources of the Senate; and (D) provide for a cooperative agreement with Dominguez-Escalante National Conservation (2) the Committee on Natural Resources of the Lincoln County, New Mexico, to address the Area in the State. House of Representatives.

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(b) FORCE AND EFFECT.—The Map and legal (g) INVASIVE SPECIES AND NOXIOUS WEEDS.— retary determines that water rights held by the descriptions filed under subsection (a) shall In accordance with any applicable laws and State are insufficient to fulfill the purposes of have the same force and effect as if included in subject to such terms and conditions as the Sec- the Wilderness, the Secretary shall adjudicate this subtitle, except that the Secretary may cor- retary determines to be desirable and appro- and exercise Federal water rights required to rect clerical and typographical errors in the priate, the Secretary may prescribe measures to fulfill the purposes of the Wilderness in accord- Map and legal descriptions. control nonnative invasive plants and noxious ance with subparagraph (B). (c) PUBLIC AVAILABILITY.—The Map and legal weeds within the Conservation Area. (G) FAILURE TO COMPLY.—The Secretary shall descriptions filed under subsection (a) shall be (h) WATER RIGHTS.— promptly act to exercise and enforce the water available for public inspection in the appro- (1) EFFECT.—Nothing in this subtitle— rights described in subparagraph (E) if the Sec- priate offices of the Bureau of Land Manage- (A) affects the use or allocation, in existence retary determines that— ment. on the date of enactment of this Act, of any (i) the State is not exercising its water rights SEC. 2405. MANAGEMENT OF CONSERVATION water, water right, or interest in water; consistent with subparagraph (E)(i)(I); or AREA AND WILDERNESS. (B) affects any vested absolute or decreed con- (ii) the agreement described in subparagraph (a) WITHDRAWAL.—Subject to valid existing ditional water right in existence on the date of (E)(i)(II) is not fulfilled or complied with suffi- rights, all Federal land within the Conservation enactment of this Act, including any water right ciently to fulfill the purposes of the Wilderness. Area and the Wilderness and all land and inter- held by the United States; (3) WATER RESOURCE FACILITY.— (A) IN GENERAL.—Notwithstanding any other ests in land acquired by the United States with- (C) affects any interstate water compact in ex- provision of law and subject to subparagraph in the Conservation Area or the Wilderness is istence on the date of enactment of this Act; (B), beginning on the date of enactment of this withdrawn from— (D) authorizes or imposes any new reserved Act, neither the President nor any other officer, (1) all forms of entry, appropriation, or dis- Federal water rights; or posal under the public land laws; (E) shall be considered to be a relinquishment employee, or agent of the United States shall (2) location, entry, and patent under the min- or reduction of any water rights reserved or ap- fund, assist, authorize, or issue a license or per- ing laws; and propriated by the United States in the State on mit for the development of any new irrigation (3) operation of the mineral leasing, mineral or before the date of enactment of this Act. and pumping facility, reservoir, water conserva- tion work, aqueduct, canal, ditch, pipeline, materials, and geothermal leasing laws. (2) WILDERNESS WATER RIGHTS.— well, hydropower project, transmission, other (b) GRAZING.— (A) IN GENERAL.—The Secretary shall ensure (1) GRAZING IN CONSERVATION AREA.—Except that any water rights within the Wilderness re- ancillary facility, or other water, diversion, as provided in paragraph (2), the Secretary quired to fulfill the purposes of the Wilderness storage, or carriage structure in the Wilderness. (B) EXCEPTION.—Notwithstanding subpara- shall issue and administer any grazing leases or are secured in accordance with subparagraphs graph (A), the Secretary may allow construction permits in the Conservation Area in accordance (B) through (G). of new livestock watering facilities within the with the laws (including regulations) applicable (B) STATE LAW.— Wilderness in accordance with— to the issuance and administration of such (i) PROCEDURAL REQUIREMENTS.—Any water leases and permits on other land under the ju- (i) section 4(d)(4) of the Wilderness Act (16 rights within the Wilderness for which the Sec- U.S.C. 1133(d)(4)); and risdiction of the Bureau of Land Management. retary pursues adjudication shall be adju- (2) GRAZING IN WILDERNESS.—The grazing of (ii) the guidelines set forth in Appendix A of dicated, changed, and administered in accord- the report of the Committee on Interior and In- livestock in the Wilderness, if established as of ance with the procedural requirements and pri- the date of enactment of this Act, shall be per- sular Affairs of the House of Representatives ac- ority system of State law. companying H.R. 2570 of the 101st Congress (H. mitted to continue— (ii) ESTABLISHMENT OF WATER RIGHTS.— (A) subject to any reasonable regulations, Rept. 101–405). (I) IN GENERAL.—Except as provided in sub- (4) CONSERVATION AREA WATER RIGHTS.—With policies, and practices that the Secretary deter- clause (II), the purposes and other substantive mines to be necessary; and respect to water within the Conservation Area, characteristics of the water rights pursued nothing in this subtitle— (B) in accordance with— under this paragraph shall be established in ac- (i) section 4(d)(4) of the Wilderness Act (16 (A) authorizes any Federal agency to appro- cordance with State law. U.S.C. 1133(d)(4)); and priate or otherwise acquire any water right on (II) EXCEPTION.—Notwithstanding subclause (ii) the guidelines set forth in Appendix A of the mainstem of the Gunnison River; or (I) and in accordance with this subtitle, the Sec- the report of the Committee on Interior and In- (B) prevents the State from appropriating or retary may appropriate and seek adjudication of sular Affairs of the House of Representatives ac- acquiring, or requires the State to appropriate water rights to maintain surface water levels companying H.R. 2570 of the 101st Congress (H. or acquire, an instream flow water right on the and stream flows on and across the Wilderness Rept. 101–405). mainstem of the Gunnison River. to fulfill the purposes of the Wilderness. (5) WILDERNESS BOUNDARIES ALONG GUNNISON (c) NO BUFFER ZONES.— EADLINE RIVER.— (1) IN GENERAL.—Nothing in this subtitle cre- (C) D .—The Secretary shall promptly, (A) IN GENERAL.—In areas in which the Gun- ates a protective perimeter or buffer zone but not earlier than January 2009, appropriate nison River is used as a reference for defining around the Conservation Area. the water rights required to fulfill the purposes the boundary of the Wilderness, the boundary (2) ACTIVITIES OUTSIDE CONSERVATION AREA.— of the Wilderness. shall— The fact that an activity or use on land outside (D) REQUIRED DETERMINATION.—The Sec- (i) be located at the edge of the river; and the Conservation Area can be seen or heard retary shall not pursue adjudication for any instream flow water rights unless the Secretary (ii) change according to the river level. within the Conservation Area shall not preclude (B) EXCLUSION FROM WILDERNESS.—Regardless the activity or use outside the boundary of the makes a determination pursuant to subpara- graph (E)(ii) or (F). of the level of the Gunnison River, no portion of Conservation Area. the Gunnison River is included in the Wilder- (E) COOPERATIVE ENFORCEMENT.— (d) ACQUISITION OF LAND.— ness. (i) IN GENERAL.—The Secretary shall not pur- (1) IN GENERAL.—The Secretary may acquire (i) EFFECT.—Nothing in this subtitle— non-Federal land within the boundaries of the sue adjudication of any Federal instream flow (1) diminishes the jurisdiction of the State Conservation Area or the Wilderness only water rights established under this paragraph with respect to fish and wildlife in the State; or through exchange, donation, or purchase from a if— (2) imposes any Federal water quality stand- willing seller. (I) the Secretary determines, upon adjudica- ard upstream of the Conservation Area or with- (2) MANAGEMENT.—Land acquired under tion of the water rights by the Colorado Water in the mainstem of the Gunnison River that is paragraph (1) shall— Conservation Board, that the Board holds water more restrictive than would be applicable had (A) become part of the Conservation Area and, rights sufficient in priority, amount, and timing the Conservation Area not been established. if applicable, the Wilderness; and to fulfill the purposes of the Wilderness; and (j) VALID EXISTING RIGHTS.—The designation (B) be managed in accordance with this sub- (II) the Secretary has entered into a perpetual of the Conservation Area and Wilderness is sub- title and any other applicable laws. agreement with the Colorado Water Conserva- ject to valid rights in existence on the date of (e) FIRE, INSECTS, AND DISEASES.—Subject to tion Board to ensure the full exercise, protec- enactment of this Act. such terms and conditions as the Secretary de- tion, and enforcement of the State water rights SEC. 2406. MANAGEMENT PLAN. termines to be desirable and appropriate, the within the Wilderness to reliably fulfill the pur- (a) IN GENERAL.—Not later than 3 years after Secretary may undertake such measures as are poses of the Wilderness. the date of enactment of this Act, the Secretary necessary to control fire, insects, and diseases— (ii) ADJUDICATION.—If the Secretary deter- shall develop a comprehensive management plan (1) in the Wilderness, in accordance with sec- mines that the provisions of clause (i) have not for the long-term protection and management of tion 4(d)(1) of the Wilderness Act (16 U.S.C. been met, the Secretary shall adjudicate and ex- the Conservation Area. 1133(d)(1)); and ercise any Federal water rights required to ful- (b) PURPOSES.—The management plan shall— (2) except as provided in paragraph (1), in the fill the purposes of the Wilderness in accordance (1) describe the appropriate uses and manage- Conservation Area in accordance with this sub- with this paragraph. ment of the Conservation Area; title and any other applicable laws. (F) INSUFFICIENT WATER RIGHTS.—If the Colo- (2) be developed with extensive public input; (f) ACCESS.—The Secretary shall continue to rado Water Conservation Board modifies the (3) take into consideration any information provide private landowners adequate access to instream flow water rights obtained under sub- developed in studies of the land within the Con- inholdings in the Conservation Area. paragraph (E) to such a degree that the Sec- servation Area; and

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(4) include a comprehensive travel manage- (1) CITY.—The term ‘‘City’’ means Carson City (C) COSTS.—Any costs relating to the convey- ment plan. Consolidated Municipality, Nevada. ance under paragraph (1), including any costs SEC. 2407. ADVISORY COUNCIL. (2) MAP.—The term ‘‘Map’’ means the map for surveys and other administrative costs, shall (a) ESTABLISHMENT.—Not later than 180 days entitled ‘‘Carson City, Nevada Area’’, dated No- be paid by the recipient of the land being con- after the date of enactment of this Act, the Sec- vember 7, 2008, and on file and available for veyed. retary shall establish an advisory council, to be public inspection in the appropriate offices of— (4) USE OF LAND.— known as the ‘‘Dominguez-Escalante National (A) the Bureau of Land Management; (A) NATURAL AREAS.— Conservation Area Advisory Council’’. (B) the Forest Service; and (i) IN GENERAL.—Except as provided in clause (b) DUTIES.—The Council shall advise the Sec- (C) the City. (ii), the land described in paragraph (2)(B)(i) retary with respect to the preparation and im- (3) SECRETARY.—The term ‘‘Secretary’’ shall be managed by the City to maintain unde- plementation of the management plan. means— veloped open space and to preserve the natural (c) APPLICABLE LAW.—The Council shall be (A) with respect to land in the National Forest characteristics of the land in perpetuity. subject to— System, the Secretary of Agriculture, acting (ii) EXCEPTION.—Notwithstanding clause (i), (1) the Federal Advisory Committee Act (5 through the Chief of the Forest Service; and the City may— U.S.C. App.); and (B) with respect to other Federal land, the (I) conduct projects on the land to reduce (2) the Federal Land Policy and Management Secretary of the Interior. fuels; Act of 1976 (43 U.S.C. 1701 et seq.). (4) SECRETARIES.—The term ‘‘Secretaries’’ (II) construct and maintain trails, trailhead (d) MEMBERS.—The Council shall include 10 means the Secretary of Agriculture and the Sec- facilities, and any infrastructure on the land members to be appointed by the Secretary, of retary of the Interior, acting jointly. that is required for municipal water and flood whom, to the extent practicable— (5) TRIBE.—The term ‘‘Tribe’’ means the management activities; and (1) 1 member shall be appointed after consid- Washoe Tribe of Nevada and California, which (III) maintain or reconstruct any improve- ering the recommendations of the Mesa County is a federally recognized Indian tribe. ments on the land that are in existence on the Commission; (b) CONVEYANCES OF FEDERAL LAND AND CITY date of enactment of this Act. (2) 1 member shall be appointed after consid- LAND.— (B) SILVER SADDLE RANCH AND CARSON RIVER ering the recommendations of the Montrose (1) IN GENERAL.—Notwithstanding section 202 AREA.— County Commission; of the Federal Land Policy and Management (i) IN GENERAL.—Except as provided in clause (3) 1 member shall be appointed after consid- Act of 1976 (43 U.S.C. 1712), if the City offers to (ii), the land described in paragraph (2)(B)(ii) ering the recommendations of the Delta County convey to the United States title to the non-Fed- shall— Commission; eral land described in paragraph (2)(A) that is (I) be managed by the City to protect and en- (4) 1 member shall be appointed after consid- acceptable to the Secretary of Agriculture— hance the Carson River, the floodplain and sur- ering the recommendations of the permittees (A) the Secretary shall accept the offer; and rounding upland, and important wildlife habi- holding grazing allotments within the Conserva- (B) not later than 180 days after the date on tat; and tion Area or the Wilderness; and which the Secretary receives acceptable title to (II) be used for undeveloped open space, pas- (5) 5 members shall reside in, or within reason- the non-Federal land described in paragraph sive recreation, customary agricultural prac- able proximity to, Mesa County, Delta County, (2)(A), the Secretaries shall convey to the City, tices, and wildlife protection. or Montrose County, Colorado, with back- subject to valid existing rights and for no con- (ii) EXCEPTION.—Notwithstanding clause (i), grounds that reflect— sideration, except as provided in paragraph the City may— (A) the purposes for which the Conservation (3)(A), all right, title, and interest of the United (I) construct and maintain trails and trail- Area or Wilderness was established; and States in and to the Federal land (other than head facilities on the land; (B) the interests of the stakeholders that are any easement reserved under paragraph (3)(B)) (II) conduct projects on the land to reduce affected by the planning and management of or interest in land described in paragraph fuels; the Conservation Area and Wilderness. (2)(B). (e) REPRESENTATION.—The Secretary shall en- (III) maintain or reconstruct any improve- (2) DESCRIPTION OF LAND.— sure that the membership of the Council is fairly (A) NON-FEDERAL LAND.—The non-Federal ments on the land that are in existence on the balanced in terms of the points of view rep- land referred to in paragraph (1) is the approxi- date of enactment of this Act; and resented and the functions to be performed by mately 2,264 acres of land administered by the (IV) allow the use of motorized vehicles on the Council. City and identified on the Map as ‘‘To U.S. For- designated roads, trails, and areas in the south (f) DURATION.—The Council shall terminate est Service’’. end of Prison Hill. on the date that is 1 year from the date on (B) FEDERAL LAND.—The Federal land re- (C) PARKS AND PUBLIC PURPOSES.—The land which the management plan is adopted by the ferred to in paragraph (1)(B) is— described in paragraph (2)(B)(iii) shall be man- Secretary. (i) the approximately 935 acres of Forest Serv- aged by the City for— SEC. 2408. AUTHORIZATION OF APPROPRIATIONS. ice land identified on the Map as ‘‘To Carson (i) undeveloped open space; and There are authorized to be appropriated such City for Natural Areas’’; (ii) recreation or other public purposes con- sums as are necessary to carry out this subtitle. (ii) the approximately 3,604 acres of Bureau of sistent with the Act of June 14, 1926 (commonly Subtitle F—Rio Puerco Watershed Land Management land identified on the Map known as the ‘‘Recreation and Public Purposes Management Program as ‘‘Silver Saddle Ranch and Carson River Act’’) (43 U.S.C. 869 et seq.). SEC. 2501. RIO PUERCO WATERSHED MANAGE- Area’’; (D) REVERSIONARY INTEREST.— MENT PROGRAM. (iii) the approximately 1,848 acres of Bureau (i) RELEASE.—The reversionary interest de- (a) RIO PUERCO MANAGEMENT COMMITTEE.— of Land Management land identified on the scribed in paragraph (2)(B)(iv) shall terminate Section 401(b) of the Omnibus Parks and Public Map as ‘‘To Carson City for Parks and Public on the date of enactment of this Act. Lands Management Act of 1996 (Public Law Purposes’’; and (ii) CONVEYANCE BY CITY.— 104–333; 110 Stat. 4147) is amended— (iv) the approximately 75 acres of City land in (I) IN GENERAL.—If the City sells, leases, or (1) in paragraph (2)— which the Bureau of Land Management has a otherwise conveys any portion of the land de- (A) by redesignating subparagraphs (I) reversionary interest that is identified on the scribed in paragraph (2)(B)(iv), the sale, lease, through (N) as subparagraphs (J) through (O), Map as ‘‘Reversionary Interest of the United or conveyance of land shall be— respectively; and States Released’’. (aa) through a competitive bidding process; (B) by inserting after subparagraph (H) the (3) CONDITIONS.— and following: (A) CONSIDERATION.—Before the conveyance (bb) except as provided in subclause (II), for ‘‘(I) the Environmental Protection Agency;’’; of the 62–acre Bernhard parcel to the City, the not less than fair market value. and City shall deposit in the special account estab- (II) CONVEYANCE TO GOVERNMENT OR NON- (2) in paragraph (4), by striking ‘‘enactment lished by subsection (e)(2)(A) an amount equal PROFIT.—A sale, lease, or conveyance of land of this Act’’ and inserting ‘‘enactment of the to 25 percent of the difference between— described in paragraph (2)(B)(iv) to the Federal Omnibus Public Land Management Act of (i) the amount for which the Bernhard parcel Government, a State government, a unit of local 2009’’. was purchased by the City on July 18, 2001; and government, or a nonprofit organization shall be (b) AUTHORIZATION OF APPROPRIATIONS.—Sec- (ii) the amount for which the Bernhard parcel for consideration in an amount equal to the tion 401(e) of the Omnibus Parks and Public was purchased by the Secretary on March 24, price established by the Secretary of the Interior Lands Management Act of 1996 (Public Law 2006. under section 2741 of title 43, Code of Federal 104–333; 110 Stat. 4148) is amended by striking (B) CONSERVATION EASEMENT.—As a condition Regulation (or successor regulations). ‘‘enactment of this Act’’ and inserting ‘‘enact- of the conveyance of the land described in para- (III) DISPOSITION OF PROCEEDS.—The gross ment of the Omnibus Public Land Management graph (2)(B)(ii), the Secretary, in consultation proceeds from the sale, lease, or conveyance of Act of 2009’’. with Carson City and affected local interests, land under subclause (I) shall be distributed in Subtitle G—Land Conveyances and Exchanges shall reserve a perpetual conservation easement accordance with subsection (e)(1). SEC. 2601. CARSON CITY, NEVADA, LAND CONVEY- to the land to protect, preserve, and enhance (5) REVERSION.—If land conveyed under para- ANCES. the conservation values of the land, consistent graph (1) is used in a manner that is incon- (a) DEFINITIONS.—In this section: with paragraph (4)(B). sistent with the uses described in subparagraph

VerDate Mar 15 2010 12:18 Aug 01, 2011 Jkt 079102 PO 00000 Frm 00050 Fmt 0688 Sfmt 6333 E:\BR09\H25MR9.002 H25MR9 erowe on DSK5CLS3C1PROD with BOUND RECORD March 25, 2009 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 7 8633 (A), (B), (C), or (D) of paragraph (4), the land (B) any master plan for the area approved by (1) shall be available to the Secretary, without shall, at the discretion of the Secretary, revert the City. further appropriation, for the oversight and en- to the United States. (4) METHOD OF SALE; CONSIDERATION.—The forcement of the conservation easement estab- (6) MISCELLANEOUS PROVISIONS.— sale of Federal land under paragraph (1) shall lished under subsection (b)(3)(B). (A) IN GENERAL.—On conveyance of the non- be— (f) URBAN INTERFACE.— Federal land under paragraph (1) to the Sec- (A) consistent with subsections (d) and (f) of (1) IN GENERAL.—Except as otherwise provided retary of Agriculture, the non-Federal land section 203 of the Federal Land Policy and in this section and subject to valid existing shall— Management Act of 1976 (43 U.S.C. 1713); rights, the Federal land described in paragraph (i) become part of the Humboldt-Toiyabe Na- (B) unless otherwise determined by the Sec- (2) is permanently withdrawn from— tional Forest; and retary, through a competitive bidding process; (A) all forms of entry and appropriation (ii) be administered in accordance with the and under the public land laws and mining laws; laws (including the regulations) and rules gen- (C) for not less than fair market value. (B) location and patent under the mining erally applicable to the National Forest System. (5) WITHDRAWAL.— laws; and (B) MANAGEMENT PLAN.—The Secretary of Ag- (A) IN GENERAL.—Subject to valid existing (C) operation of the mineral laws, geothermal riculture, in consultation with the City and rights and except as provided in subparagraph leasing laws, and mineral material laws. other interested parties, may develop and imple- (B), the Federal land described in paragraph (2) (2) DESCRIPTION OF LAND.—The land referred ment a management plan for National Forest is withdrawn from— to in paragraph (1) consists of approximately System land that ensures the protection and sta- (i) all forms of entry and appropriation under 19,747 acres, which is identified on the Map as bilization of the National Forest System land to the public land laws; ‘‘Urban Interface Withdrawal’’. minimize the impacts of flooding on the City. (ii) location, entry, and patent under the min- (3) INCORPORATION OF ACQUIRED LAND AND IN- (7) CONVEYANCE TO BUREAU OF LAND MANAGE- ing laws; and TERESTS.—Any land or interest in land within MENT.— (iii) operation of the mineral leasing and geo- the boundaries of the land described in para- (A) IN GENERAL.—If the City offers to convey thermal leasing laws. graph (2) that is acquired by the United States to the United States title to the non-Federal (B) EXCEPTION.—Subparagraph (A)(i) shall after the date of enactment of this Act shall be land described in subparagraph (B) that is ac- not apply to sales made consistent with this sub- withdrawn in accordance with this subsection. ceptable to the Secretary of the Interior, the section. (4) OFF-HIGHWAY VEHICLE MANAGEMENT.— land shall, at the discretion of the Secretary, be (6) DEADLINE FOR SALE.— Until the date on which the Secretary, in con- conveyed to the United States. (A) IN GENERAL.—Except as provided in sub- sultation with the State, the City, and any (B) DESCRIPTION OF LAND.—The non-Federal paragraph (B), not later than 1 year after the other interested persons, completes a transpor- land referred to in subparagraph (A) is the ap- date of enactment of this Act, if there is a quali- tation plan for Federal land in the City, the use proximately 46 acres of land administered by the fied bidder for the land described in subpara- of motorized and mechanical vehicles on Federal City and identified on the Map as ‘‘To Bureau graphs (A) and (B) of paragraph (2), the Sec- land within the City shall be limited to roads of Land Management’’. retary of the Interior shall offer the land for and trails in existence on the date of enactment (C) COSTS.—Any costs relating to the convey- sale to the qualified bidder. of this Act unless the use of the vehicles is need- ance under subparagraph (A), including any (B) POSTPONEMENT; EXCLUSION FROM SALE.— ed— costs for surveys and other administrative costs, (i) REQUEST BY CARSON CITY FOR POSTPONE- (A) for administrative purposes; or shall be paid by the Secretary of the Interior. MENT OR EXCLUSION.—At the request of the City, (B) to respond to an emergency. (c) TRANSFER OF ADMINISTRATIVE JURISDIC- the Secretary shall postpone or exclude from the (g) AVAILABILITY OF FUNDS.—Section 4(e) of TION FROM THE FOREST SERVICE TO THE BUREAU sale under subparagraph (A) all or a portion of the Southern Nevada Public Land Management OF LAND MANAGEMENT.— the land described in subparagraphs (A) and (B) Act of 1998 (Public Law 105–263; 112 Stat. 2346; (1) IN GENERAL.—Administrative jurisdiction of paragraph (2). 116 Stat. 2007; 117 Stat. 1317; 118 Stat. 2414; 120 over the approximately 50 acres of Forest Service (ii) INDEFINITE POSTPONEMENT.—Unless spe- Stat. 3045) is amended— land identified on the Map as ‘‘Parcel #1’’ is cifically requested by the City, a postponement (1) in paragraph (3)(A)(iv), by striking transferred, from the Secretary of Agriculture to under clause (i) shall not be indefinite. ‘‘Clark, Lincoln, and White Pine Counties and the Secretary of the Interior. (e) DISPOSITION OF PROCEEDS.— Washoe County (subject to paragraph 4))’’ and (2) COSTS.—Any costs relating to the transfer (1) IN GENERAL.—Of the proceeds from the sale inserting ‘‘Clark, Lincoln, and White Pine under paragraph (1), including any costs for of land under subsections (b)(4)(D)(ii) and Counties and Washoe County (subject to para- surveys and other administrative costs, shall be (d)(1)— graph 4)) and Carson City (subject to paragraph paid by the Secretary of the Interior. (A) 5 percent shall be paid directly to the (5))’’; (3) USE OF LAND.— State for use in the general education program (2) in paragraph (3)(A)(v), by striking ‘‘Clark, (A) RIGHT-OF-WAY.—Not later than 120 days of the State; and Lincoln, and White Pine Counties’’ and insert- after the date of enactment of this Act, the Sec- (B) the remainder shall be deposited in a spe- ing ‘‘Clark, Lincoln, and White Pine Counties retary of the Interior shall grant to the City a cial account in the Treasury of the United and Carson City (subject to paragraph (5))’’; right-of-way for the maintenance of flood man- States, to be known as the ‘‘Carson City Special (3) in paragraph (4), by striking ‘‘2011’’ and agement facilities located on the land. Account’’, and shall be available without fur- inserting ‘‘2015’’; and (B) DISPOSAL.—The land referred to in para- ther appropriation to the Secretary until ex- (4) by adding at the end the following: graph (1) shall be disposed of in accordance pended to— ‘‘(5) LIMITATION FOR CARSON CITY.—Carson with subsection (d). (i) reimburse costs incurred by the Bureau of City shall be eligible to nominate for expendi- (C) DISPOSITION OF PROCEEDS.—The gross pro- Land Management for preparing for the sale of ture amounts to acquire land or an interest in ceeds from the disposal of land under subpara- the Federal land described in subsection (d)(2), land for parks or natural areas and for con- graph (B) shall be distributed in accordance including the costs of— servation initiatives— with subsection (e)(1). (I) surveys and appraisals; and ‘‘(A) adjacent to the Carson River; or (d) DISPOSAL OF CARSON CITY LAND.— (II) compliance with— ‘‘(B) within the floodplain of the Carson (1) IN GENERAL.—Notwithstanding sections 202 (aa) the National Environmental Policy Act of River.’’. and 203 of the Federal Land Policy and Man- 1969 (42 U.S.C. 4321 et seq.); and (h) TRANSFER OF LAND TO BE HELD IN TRUST agement Act of 1976 (43 U.S.C. 1712, 1713), the (bb) sections 202 and 203 of the Federal Land FOR WASHOE TRIBE.— Secretary of the Interior shall, in accordance Policy and Management Act of 1976 (43 U.S.C. (1) IN GENERAL.—Subject to valid existing with that Act, this subsection, and other appli- 1712, 1713); rights, all right, title, and interest of the United cable law, and subject to valid existing rights, (ii) reimburse costs incurred by the Bureau of States in and to the land described in paragraph conduct sales of the Federal land described in Land Management and Forest Service for pre- (2)— paragraph (2) to qualified bidders. paring for, and carrying out, the transfers of (A) shall be held in trust by the United States (2) DESCRIPTION OF LAND.—The Federal land land to be held in trust by the United States for the benefit and use of the Tribe; and referred to in paragraph (1) is— under subsection (h)(1); and (B) shall be part of the reservation of the (A) the approximately 108 acres of Bureau of (iii) acquire environmentally sensitive land or Tribe. Land Management land identified as ‘‘Lands an interest in environmentally sensitive land in (2) DESCRIPTION OF LAND.—The land referred for Disposal’’ on the Map; and the City. to in paragraph (1) consists of approximately (B) the approximately 50 acres of land identi- (2) SILVER SADDLE ENDOWMENT ACCOUNT.— 293 acres, which is identified on the Map as ‘‘To fied as ‘‘Parcel #1’’ on the Map. (A) ESTABLISHMENT.—There is established in Washoe Tribe’’. (3) COMPLIANCE WITH LOCAL PLANNING AND the Treasury of the United States a special ac- (3) SURVEY.—Not later than 180 days after the ZONING LAWS.—Before a sale of Federal land count, to be known as the ‘‘Silver Saddle En- date of enactment of this Act, the Secretary of under paragraph (1), the City shall submit to dowment Account’’, consisting of such amounts Agriculture shall complete a survey of the the Secretary a certification that qualified bid- as are deposited under subsection (b)(3)(A). boundary lines to establish the boundaries of ders have agreed to comply with— (B) AVAILABILITY OF AMOUNTS.—Amounts de- the land taken into trust under paragraph (1). (A) City zoning ordinances; and posited in the account established by paragraph (4) USE OF LAND.—

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(A) GAMING.—Land taken into trust under (4) TRANSFER.—The Secretary of the Interior, the Act of June 14, 1926 (commonly known as paragraph (1) shall not be eligible, or considered acting on behalf of and for the benefit of the the ‘‘Recreation and Public Purposes Act’’) (43 to have been taken into trust, for class II gam- Tribe, shall transfer to the Secretary of Agri- U.S.C. 869 et seq.) by providing to the Secretary ing or class III gaming (as those terms are de- culture administrative jurisdiction over the land written notice of the election. fined in section 4 of the Indian Gaming Regu- identified as ‘‘Parcel B’’ on the map entitled (4) NOISE COMPATIBILITY REQUIREMENTS.—The latory Act (25 U.S.C. 2703)). ‘‘Skunk Harbor Conveyance Correction’’ and City shall— (B) TRUST LAND FOR CEREMONIAL USE AND dated September 12, 2008. (A) plan and manage the Transition Area in CONSERVATION.—With respect to the use of the (j) AGREEMENT WITH FOREST SERVICE.—The accordance with section 47504 of title 49, United land taken into trust under paragraph (1) that Secretary of Agriculture, in consultation with States Code (relating to airport noise compat- is above the 5,200′ elevation contour, the Tribe— the Tribe, shall develop and implement a cooper- ibility planning), and regulations promulgated (i) shall limit the use of the land to— ative agreement that ensures regular access by in accordance with that section; and (I) traditional and customary uses; and members of the Tribe and other people in the (B) agree that if any land in the Transition (II) stewardship conservation for the benefit community of the Tribe across National Forest Area is sold, leased, or otherwise conveyed by of the Tribe; and System land from the City to Lake Tahoe for the City, the sale, lease, or conveyance shall (ii) shall not permit any— cultural and religious purposes. contain a limitation to require uses compatible (I) permanent residential or recreational de- (k) ARTIFACT COLLECTION.— with that airport noise compatibility planning. velopment on the land; or (1) NOTICE.—At least 180 days before con- (5) REVERSION.— (II) commercial use of the land, including ducting any ground disturbing activities on the (A) IN GENERAL.—If any parcel of land in the commercial development or gaming. land identified as ‘‘Parcel #2’’ on the Map, the Transition Area is not conveyed for nonresiden- (C) TRUST LAND FOR COMMERCIAL AND RESI- City shall notify the Tribe of the proposed ac- tial development under this section or reserved DENTIAL USE.—With respect to the use of the tivities to provide the Tribe with adequate time for recreation or other public purposes under land taken into trust under paragraph (1), the to inventory and collect any artifacts in the af- paragraph (3) by the date that is 20 years after Tribe shall limit the use of the land below the fected area. the date of enactment of this Act, the parcel of 5,200′ elevation to— (2) AUTHORIZED ACTIVITIES.—On receipt of no- land shall, at the discretion of the Secretary, re- (i) traditional and customary uses; tice under paragraph (1), the Tribe may collect vert to the United States. (ii) stewardship conservation for the benefit of and possess any artifacts relating to the Tribe in (B) INCONSISTENT USE.—If the City uses any the Tribe; and the land identified as ‘‘Parcel #2’’ on the Map. parcel of land within the Transition Area in a (iii)(I) residential or recreational development; (l) AUTHORIZATION OF APPROPRIATIONS.— manner that is inconsistent with the uses speci- or There are authorized to be appropriated such fied in this subsection— (II) commercial use. sums as are necessary to carry out this section. (i) at the discretion of the Secretary, the par- cel shall revert to the United States; or (D) THINNING; LANDSCAPE RESTORATION.— SEC. 2602. SOUTHERN NEVADA LIMITED TRANSI- With respect to the land taken into trust under TION AREA CONVEYANCE. (ii) if the Secretary does not make an election under clause (i), the City shall sell the parcel of paragraph (1), the Secretary of Agriculture, in (a) DEFINITIONS.—In this section: land in accordance with this subsection. consultation and coordination with the Tribe, (1) CITY.—The term ‘‘City’’ means the City of may carry out any thinning and other land- Henderson, Nevada. SEC. 2603. NEVADA CANCER INSTITUTE LAND CONVEYANCE. scape restoration activities on the land that is (2) SECRETARY.—The term ‘‘Secretary’’ means beneficial to the Tribe and the Forest Service. the Secretary of the Interior. (a) DEFINITIONS.—In this section: (1) ALTA-HUALAPAI SITE.—The term ‘‘Alta- (i) CORRECTION OF SKUNK HARBOR CONVEY- (3) STATE.—The term ‘‘State’’ means the State Hualapai Site’’ means the approximately 80 ANCE.— of Nevada. acres of land that is— (1) PURPOSE.—The purpose of this subsection (4) TRANSITION AREA.—The term ‘‘Transition (A) patented to the City under the Act of June is to amend Public Law 108–67 (117 Stat. 880) to Area’’ means the approximately 502 acres of 14, 1926 (commonly known as the ‘‘Recreation make a technical correction relating to the land Federal land located in Henderson, Nevada, and and Public Purposes Act’’) (43 U.S.C. 869 et conveyance authorized under that Act. identified as ‘‘Limited Transition Area’’ on the seq.); and (2) TECHNICAL CORRECTION.—Section 2 of Pub- map entitled ‘‘Southern Nevada Limited Transi- (B) identified on the map as the ‘‘Alta- lic Law 108–67 (117 Stat. 880) is amended— tion Area Act’’ and dated March 20, 2006. Hualapai Site’’. (A) by striking ‘‘Subject to’’ and inserting the (b) SOUTHERN NEVADA LIMITED TRANSITION (2) CITY.—The term ‘‘City’’ means the city of following: AREA.— Las Vegas, Nevada. N ENERAL ONVEYANCE ‘‘(a) I G .—Subject to’’; (1) C .—Notwithstanding the Fed- (3) INSTITUTE.—The term ‘‘Institute’’ means (B) in subsection (a) (as designated by para- eral Land Policy and Management Act of 1976 the Nevada Cancer Institute, a nonprofit orga- graph (1)), by striking ‘‘the parcel’’ and all that (43 U.S.C. 1701 et seq.), on request of the City, nization described under section 501(c)(3) of the follows through the period at the end and in- the Secretary shall, without consideration and Internal Revenue Code of 1986, the principal serting the following: ‘‘and to approximately 23 subject to all valid existing rights, convey to the place of business of which is at 10441 West acres of land identified as ‘Parcel A’ on the map City all right, title, and interest of the United Twain Avenue, Las Vegas, Nevada. entitled ‘Skunk Harbor Conveyance Correction’ States in and to the Transition Area. (4) MAP.—The term ‘‘map’’ means the map ti- and dated September 12, 2008, the western (2) USE OF LAND FOR NONRESIDENTIAL DEVEL- tled ‘‘Nevada Cancer Institute Expansion Act’’ boundary of which is the low water line of Lake OPMENT.— and dated July 17, 2006. ′ Tahoe at elevation 6,223.0 (Lake Tahoe (A) IN GENERAL.—After the conveyance to the (5) SECRETARY.—The term ‘‘Secretary’’ means Datum).’’; and City under paragraph (1), the City may sell, the Secretary of the Interior, acting through the (C) by adding at the end the following: lease, or otherwise convey any portion or por- Director of the Bureau of Land Management. ‘‘(b) SURVEY AND LEGAL DESCRIPTION.— tions of the Transition Area for purposes of (6) WATER DISTRICT.—The term ‘‘Water Dis- ‘‘(1) IN GENERAL.—Not later than 180 days nonresidential development. trict’’ means the Las Vegas Valley Water Dis- after the date of enactment of this subsection, (B) METHOD OF SALE.— trict. the Secretary of Agriculture shall complete a (i) IN GENERAL.—The sale, lease, or convey- (b) LAND CONVEYANCE.— survey and legal description of the boundary ance of land under subparagraph (A) shall be (1) SURVEY AND LEGAL DESCRIPTION.—The lines to establish the boundaries of the trust through a competitive bidding process. City shall prepare a survey and legal descrip- land. (ii) FAIR MARKET VALUE.—Any land sold, tion of the Alta-Hualapai Site. The survey shall ‘‘(2) TECHNICAL CORRECTIONS.—The Secretary leased, or otherwise conveyed under subpara- conform to the Bureau of Land Management ca- may correct any technical errors in the survey graph (A) shall be for not less than fair market dastral survey standards and be subject to ap- or legal description completed under paragraph value. proval by the Secretary. (1). (C) COMPLIANCE WITH CHARTER.—Except as (2) ACCEPTANCE.—The Secretary may accept ‘‘(c) PUBLIC ACCESS AND USE.—Nothing in this provided in subparagraphs (B) and (D), the City the relinquishment by the City of all or part of Act prohibits any approved general public ac- may sell, lease, or otherwise convey parcels the Alta-Hualapai Site. cess (through existing easements or by boat) to, within the Transition Area only in accordance (3) CONVEYANCE FOR USE AS NONPROFIT CAN- or use of, land remaining within the Lake with the procedures for conveyances established CER INSTITUTE.—After relinquishment of all or Tahoe Basin Management Unit after the con- in the City Charter. part of the Alta-Hualapai Site to the Secretary, veyance of the land to the Secretary of the Inte- (D) DISPOSITION OF PROCEEDS.—The gross and not later than 180 days after request of the rior, in trust for the Tribe, under subsection (a), proceeds from the sale of land under subpara- Institute, the Secretary shall convey to the In- including access to, and use of, the beach and graph (A) shall be distributed in accordance stitute, subject to valid existing rights, the por- shoreline areas adjacent to the portion of land with section 4(e) of the Southern Nevada Public tion of the Alta-Hualapai Site that is necessary conveyed under that subsection.’’. Land Management Act of 1998 (112 Stat. 2345). for the development of a nonprofit cancer insti- (3) DATE OF TRUST STATUS.—The trust land (3) USE OF LAND FOR RECREATION OR OTHER tute. described in section 2(a) of Public Law 108–67 PUBLIC PURPOSES.—The City may elect to retain (4) ADDITIONAL CONVEYANCES.—Not later than (117 Stat. 880) shall be considered to be taken parcels in the Transition Area for public recre- 180 days after a request from the City, the Sec- into trust as of August 1, 2003. ation or other public purposes consistent with retary shall convey to the City, subject to valid

VerDate Mar 15 2010 12:18 Aug 01, 2011 Jkt 079102 PO 00000 Frm 00052 Fmt 0688 Sfmt 6333 E:\BR09\H25MR9.002 H25MR9 erowe on DSK5CLS3C1PROD with BOUND RECORD March 25, 2009 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 7 8635 existing rights, any remaining portion of the shall pay to the Secretary an amount equal to SEC. 2606. DOUGLAS COUNTY, WASHINGTON, Alta-Hualapai Site necessary for ancillary med- the appraised value of the Federal land, as de- LAND CONVEYANCE. ical or nonprofit use compatible with the mis- termined under paragraph (2). (a) DEFINITIONS.—In this section: sion of the Institute. (4) COSTS OF CONVEYANCE.—As a condition of (1) PUBLIC LAND.—The term ‘‘public land’’ (5) APPLICABLE LAW.—Any conveyance by the the conveyance, any costs of the conveyance means the approximately 622 acres of Federal City of any portion of the land received under under this section shall be paid by Turnabout land managed by the Bureau of Land Manage- this section shall be for no less than fair market Ranch. ment and identified for conveyance on the map value and the proceeds shall be distributed in (5) DISPOSITION OF PROCEEDS.—The Secretary prepared by the Bureau of Land Management accordance with section 4(e)(1) of Public Law shall deposit the proceeds from the conveyance entitled ‘‘Douglas County Public Utility District 105–263 (112 Stat. 2345). of the Federal land under paragraph (1) in the Proposal’’ and dated March 2, 2006. (2) PUD.—The term ‘‘PUD’’ means the Public (6) TRANSACTION COSTS.—All land conveyed by Federal Land Deposit Account established by Utility District No. 1 of Douglas County, Wash- the Secretary under this section shall be at no section 206 of the Federal Land Transaction Fa- ington. cost, except that the Secretary may require the cilitation Act (43 U.S.C. 2305), to be expended in (3) SECRETARY.—The term ‘‘Secretary’’ means recipient to bear any costs associated with accordance with that Act. the Secretary of the Interior. transfer of title or any necessary land surveys. (c) MODIFICATION OF MONUMENT BOUND- (4) WELLS HYDROELECTRIC PROJECT.—The (7) REPORT.—Not later than 180 days after the ARY.—When the conveyance authorized by sub- term ‘‘Wells Hydroelectric Project’’ means Fed- date of the enactment of this Act, the Secretary section (b) is completed, the boundaries of the eral Energy Regulatory Commission Project No. shall submit to the Committee on Natural Re- Grand Staircase-Escalante National Monument 2149. sources of the House of Representatives and the in the State of Utah are hereby modified to ex- (b) CONVEYANCE OF PUBLIC LAND, WELLS HY- Committee on Energy and Natural Resources of clude the Federal land conveyed to Turnabout DROELECTRIC PROJECT, PUBLIC UTILITY DIS- the Senate a report on all transactions con- Ranch. TRICT NO. 1 OF DOUGLAS COUNTY, WASH- ducted under Public Law 105–263 (112 Stat. SEC. 2605. BOY SCOUTS LAND EXCHANGE, UTAH. INGTON.— 2345). (a) DEFINITIONS.—In this section: (1) CONVEYANCE REQUIRED.—Notwithstanding (c) RIGHTS-OF-WAY.—Consistent with the Fed- (1) BOY SCOUTS.—The term ‘‘Boy Scouts’’ the land use planning requirements of sections eral Land Policy and Management Act of 1976 means the Utah National Parks Council of the 202 and 203 of the Federal Land Policy and (43 U.S.C. 1701), the Secretary may grant rights- Boy Scouts of America. Management Act of 1976 (43 U.S.C. 1712, 1713), of-way to the Water District on a portion of the (2) SECRETARY.—The term ‘‘Secretary’’ means and notwithstanding section 24 of the Federal Alta-Hualapai Site for a flood control project the Secretary of the Interior. Power Act (16 U.S.C. 818) and Federal Power and a water pumping facility. (b) BOY SCOUTS OF AMERICA LAND EX- Order for Project 2149, and subject to valid ex- (d) REVERSION.—Any property conveyed pur- CHANGE.— isting rights, if not later than 45 days after the suant to this section which ceases to be used for (1) AUTHORITY TO CONVEY.— date of completion of the appraisal required the purposes specified in this section shall, at (A) IN GENERAL.—Subject to paragraph (3) under paragraph (2), the Public Utility District the discretion of the Secretary, revert to the and notwithstanding the Act of June 14, 1926 No. 1 of Douglas County, Washington, submits United States, along with any improvements (commonly known as the ‘‘Recreation and Pub- to the Secretary an offer to acquire the public thereon or thereto. lic Purposes Act’’) (43 U.S.C. 869 et seq.), the land for the appraised value, the Secretary shall SEC. 2604. TURNABOUT RANCH LAND CONVEY- Boy Scouts may convey to Brian Head Resort, convey, not later than 30 days after the date of ANCE, UTAH. subject to valid existing rights and, except as the offer, to the PUD all right, title, and interest (a) DEFINITIONS.—In this section: provided in subparagraph (B), any rights re- of the United States in and to the public land. (1) FEDERAL LAND.—The term ‘‘Federal land’’ served by the United States, all right, title, and (2) APPRAISAL.—Not later than 60 days after means the approximately 25 acres of Bureau of interest granted to the Boy Scouts by the origi- the date of enactment of this Act, the Secretary Land Management land identified on the map nal patent to the parcel described in paragraph shall complete an appraisal of the public land. as ‘‘Lands to be conveyed to Turnabout (2)(A) in exchange for the conveyance by Brian The appraisal shall be conducted in accordance Ranch’’. Head Resort to the Boy Scouts of all right, title, with the ‘‘Uniform Appraisal Standards for Fed- (2) MAP.—The term ‘‘map’’ means the map en- and interest in and to the parcels described in eral Land Acquisitions’’ and the ‘‘Uniform titled ‘‘Turnabout Ranch Conveyance’’ dated paragraph (2)(B). Standards of Professional Appraisal Practice’’. May 12, 2006, and on file in the office of the Di- (B) REVERSIONARY INTEREST.—On conveyance (3) PAYMENT.—Not later than 30 days after rector of the Bureau of Land Management. of the parcel of land described in paragraph the date on which the public land is conveyed (3) MONUMENT.—The term ‘‘Monument’’ (2)(A), the Secretary shall have discretion with under this subsection, the PUD shall pay to the means the Grand Staircase-Escalante National respect to whether or not the reversionary inter- Secretary an amount equal to the appraised Monument located in southern Utah. ests of the United States are to be exercised. value of the public land as determined under (4) SECRETARY.—The term ‘‘Secretary’’ means (2) DESCRIPTION OF LAND.—The parcels of paragraph (2). the Secretary of the Interior. land referred to in paragraph (1) are— (4) MAP AND LEGAL DESCRIPTIONS.—As soon as (5) TURNABOUT RANCH.—The term ‘‘Turnabout (A) the 120-acre parcel that is part of a tract practicable after the date of enactment of this Ranch’’ means the Turnabout Ranch in of public land acquired by the Boy Scouts under Act, the Secretary shall finalize legal descrip- Escalante, Utah, owned by Aspen Education the Act of June 14, 1926 (commonly known as tions of the public land to be conveyed under Group. the ‘‘Recreation and Public Purposes Act’’) (43 this subsection. The Secretary may correct any (b) CONVEYANCE OF FEDERAL LAND TO TURN- U.S.C. 869 et seq.) for the purpose of operating minor errors in the map referred to in subsection ABOUT RANCH.— a camp, which is more particularly described as (a)(1) or in the legal descriptions. The map and (1) IN GENERAL.—Notwithstanding the land the W 1/2 SE 1/4 and SE 1/4 SE 1/4 sec. 26, T. 35 legal descriptions shall be on file and available use planning requirements of sections 202 and S., R. 9 W., Salt Lake Base and Meridian; and for public inspection in appropriate offices of 203 of the Federal Land Policy and Manage- (B) the 2 parcels of private land owned by the Bureau of Land Management. (5) COSTS OF CONVEYANCE.—As a condition of ment Act of 1976 (43 U.S.C. 1712, 1713), if not Brian Head Resort that total 120 acres, which conveyance, any costs related to the conveyance later than 30 days after completion of the ap- are more particularly described as— under this subsection shall be paid by the PUD. praisal required under paragraph (2), Turn- (i) NE 1/4 NW 1/4 and NE 1/4 NE 1/4 sec. 25, T. (6) DISPOSITION OF PROCEEDS.—The Secretary about Ranch of Escalante, Utah, submits to the 35 S., R. 9 W., Salt Lake Base and Meridian; shall deposit the proceeds from the sale in the Secretary an offer to acquire the Federal land and Federal Land Disposal Account established by for the appraised value, the Secretary shall, not (ii) SE 1/4 SE 1/4 sec. 24, T. 35. S., R. 9 W., Salt section 206 of the Federal Land Transaction Fa- later than 30 days after the date of the offer, Lake Base Meridian. cilitation Act (43 U.S.C. 2305) to be expended to convey to Turnabout Ranch all right, title, and (3) CONDITIONS.—On conveyance to the Boy improve access to public lands administered by interest to the Federal land, subject to valid ex- Scouts under paragraph (1)(A), the parcels of the Bureau of Land Management in the State of isting rights. land described in paragraph (2)(B) shall be sub- Washington. (2) APPRAISAL.—Not later than 90 days after ject to the terms and conditions imposed on the (c) SEGREGATION OF LANDS.— the date of enactment of this Act, the Secretary entire tract of land acquired by the Boy Scouts (1) WITHDRAWAL.—Except as provided in sub- shall complete an appraisal of the Federal land. for a camp under the Bureau of Land Manage- section (b)(1), effective immediately upon enact- The appraisal shall be completed in accordance ment patent numbered 43–75–0010. ment of this Act, and subject to valid existing with the ‘‘Uniform Appraisal Standards for Fed- (4) MODIFICATION OF PATENT.—On completion rights, the public land is withdrawn from— eral Land Acquisitions’’ and the ‘‘Uniform of the exchange under paragraph (1)(A), the (A) all forms of entry, appropriation, or dis- Standards of Professional Appraisal Practice’’. Secretary shall amend the original Bureau of posal under the public land laws, and all All costs associated with the appraisal shall be Land Management patent providing for the con- amendments thereto; born by Turnabout Ranch. veyance to the Boy Scouts under the Act of (B) location, entry, and patenting under the (3) PAYMENT OF CONSIDERATION.—Not later June 14, 1926 (commonly known as the ‘‘Recre- mining laws, and all amendments thereto; and than 30 days after the date on which the Fed- ation and Public Purposes Act’’) (43 U.S.C. 869 (C) operation of the mineral leasing, mineral eral land is conveyed under paragraph (1), as a et seq.) numbered 43–75–0010 to take into ac- materials, and geothermal leasing laws, and all condition of the conveyance, Turnabout Ranch count the exchange under paragraph (1)(A). amendments thereto.

VerDate Mar 15 2010 12:18 Aug 01, 2011 Jkt 079102 PO 00000 Frm 00053 Fmt 0688 Sfmt 6333 E:\BR09\H25MR9.002 H25MR9 erowe on DSK5CLS3C1PROD with BOUND RECORD 8636 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 7 March 25, 2009

(2) DURATION.—This subsection expires two (2) shall be managed in accordance with— means those lands within the City of Reno, Ne- years after the date of enactment of this Act or (A) land management plans adopted under vada, located within portions of sections 10, 11, on the date of the completion of the conveyance section 202 of that Act (43 U.S.C. 1712); and and 12 of T.19 N., R. 19 E., and portions of sec- under subsection (b), whichever is earlier. (B) cooperative conservation agreements in ex- tion 7 of T.19 N., R. 20 E., Mount Diablo Merid- (d) RETAINED AUTHORITY.—The Secretary istence on the date of the enactment of this Act. ian, Nevada, that were originally granted to the shall retain the authority to place conditions on (c) DESCRIPTION OF LAND.—The land referred Union Pacific Railroad under the provisions of the license to insure adequate protection and to in subsections (a) and (b) is the approxi- the Act of July 1, 1862, commonly known as the utilization of the public land granted to the Sec- mately 70 acres of land in the Sunrise Mountain Union Pacific Railroad Act. retary in section 4(e) of the Federal Power Act Instant Study Area of Clark County, Nevada, (b) RELEASE OF REVERSIONARY INTEREST.— (16 U.S.C. 797(e)) until the Federal Energy Reg- that is designated on the map entitled ‘‘Sunrise Any reversionary interests of the United States ulatory Commission has issued a new license for Mountain ISA Release Areas’’ and dated Sep- (including interests under the Act of July 1, the Wells Hydroelectric Project, to replace the tember 6, 2008. 1862, commonly known as the Union Pacific original license expiring May 31, 2012, consistent SEC. 2609. PARK CITY, UTAH, LAND CONVEYANCE. Railroad Act) in and to the railroad lands as de- with section 15 of the Federal Power Act (16 (a) CONVEYANCE OF LAND BY THE BUREAU OF fined in subsection (a) of this section are hereby U.S.C. 808). LAND MANAGEMENT TO PARK CITY, UTAH.— released. (1) LAND TRANSFER.—Notwithstanding the SEC. 2607. TWIN FALLS, IDAHO, LAND CONVEY- SEC. 2611. TUOLUMNE BAND OF ME-WUK INDIANS ANCE. planning requirements of sections 202 and 203 of OF THE TUOLUMNE RANCHERIA. the Federal Land Policy and Management Act (a) CONVEYANCE.—As soon as practicable after (a) IN GENERAL.— the date of enactment of this Act, the Secretary of 1976 (43 U.S.C. 1712, 1713), the Secretary of (1) FEDERAL LANDS.—Subject to valid existing of the Interior, acting through the Director of the Interior shall convey, not later than 180 rights, all right, title, and interest (including the Bureau of Land Management, shall convey days after the date of the enactment of this Act, improvements and appurtenances) of the United to the city of Twin Falls, Idaho, subject to valid to Park City, Utah, all right, title, and interest States in and to the Federal lands described in existing rights, without consideration, all right, of the United States in and to two parcels of subsection (b), the Federal lands shall be de- title, and interest of the United States in and to real property located in Park City, Utah, that clared to be held in trust by the United States the 4 parcels of land described in subsection (b). are currently under the management jurisdic- for the benefit of the Tribe for nongaming pur- (b) LAND DESCRIPTION.—The 4 parcels of land tion of the Bureau of Land Management and poses, and shall be subject to the same terms to be conveyed under subsection (a) are the ap- designated as parcel 8 (commonly known as the and conditions as those lands described in the proximately 165 acres of land in Twin Falls White Acre parcel) and parcel 16 (commonly California Indian Land Transfer Act (Public County, Idaho, that are identified as ‘‘Land to known as the Gambel Oak parcel). The convey- Law 106–568; 114 Stat. 2921). be conveyed to Twin Falls’’ on the map titled ance shall be subject to all valid existing rights. (2) TRUST LANDS.—Lands described in sub- (2) DEED RESTRICTION.—The conveyance of ‘‘Twin Falls Land Conveyance’’ and dated July section (c) of this section that are taken or to be the lands under paragraph (1) shall be made by 28, 2008. taken in trust by the United States for the ben- a deed or deeds containing a restriction requir- (c) MAP ON FILE.—A map depicting the land efit of the Tribe shall be subject to subsection (c) ing that the lands be maintained as open space described in subsection (b) shall be on file and of section 903 of the California Indian Land and used solely for public recreation purposes or available for public inspection in the appro- Transfer Act (Public Law 106–568; 114 Stat. other purposes consistent with their mainte- priate offices of the Bureau of Land Manage- 2921). nance as open space. This restriction shall not ment. (b) FEDERAL LANDS DESCRIBED.—The Federal (d) USE OF CONVEYED LANDS.— be interpreted to prohibit the construction or lands described in this subsection, comprising (1) PURPOSE.—The land conveyed under this maintenance of recreational facilities, utilities, approximately 66 acres, are as follows: section shall be used to support the public pur- or other structures that are consistent with the (1) Township 1 North, Range 16 East, Section poses of the Auger Falls Project, including a maintenance of the lands as open space or its 6, Lots 10 and 12, MDM, containing 50.24 acres limited agricultural exemption to allow for use for public recreation purposes. more or less. (3) CONSIDERATION.—In consideration for the water quality and wildlife habitat improve- (2) Township 1 North, Range 16 East, Section transfer of the land under paragraph (1), Park ments. 5, Lot 16, MDM, containing 15.35 acres more or (2) RESTRICTION.—The land conveyed under City shall pay to the Secretary of the Interior less. this section shall not be used for residential or an amount consistent with conveyances to gov- (3) Township 2 North, Range 16 East, Section commercial purposes, except for the limited agri- ernmental entities for recreational purposes 32, Indian Cemetery Reservation within Lot 22, cultural exemption described in paragraph (1). under the Act of June 14, 1926 (commonly MDM, containing 0.4 acres more or less. (3) ADDITIONAL TERMS AND CONDITIONS.—The known as the Recreation and Public Purposes (c) TRUST LANDS DESCRIBED.—The trust lands Secretary of the Interior may require such addi- Act; 43 U.S.C. 869 et seq.). described in this subsection, comprising approxi- tional terms and conditions in connection with (b) SALE OF BUREAU OF LAND MANAGEMENT mately 357 acres, are commonly referred to as the conveyance as the Secretary considers ap- LAND IN PARK CITY, UTAH, AT AUCTION.— follows: propriate to protect the interests of the United (1) SALE OF LAND.—Not later than 180 days (1) Thomas property, pending trust acquisi- States. after the date of the enactment of this Act, the (e) REVERSION.—If the land conveyed under Secretary of the Interior shall offer for sale any tion, 104.50 acres. this section is no longer used in accordance with right, title, or interest of the United States in (2) Coenenburg property, pending trust acqui- subsection (d)— and to two parcels of real property located in sition, 192.70 acres, subject to existing easements (1) the land shall, at the discretion of the Sec- Park City, Utah, that are currently under the of record, including but not limited to a non-ex- retary based on his determination of the best in- management jurisdiction of the Bureau of Land clusive easement for ingress and egress for the terests of the United States, revert to the United Management and are designated as parcels 17 benefit of adjoining property as conveyed by States; and and 18 in the Park City, Utah, area. The sale of Easement Deed recorded July 13, 1984, in Vol- (2) if the Secretary chooses to have the land the land shall be carried out in accordance with ume 755, Pages 189 to 192, and as further de- revert to the United States and if the Secretary the Federal Land Policy and Management Act fined by Stipulation and Judgment entered by determines that the land is environmentally of 1976 (43 U.S.C. 1701) and other applicable Tuolumne County Superior Court on September contaminated, the city of Twin Falls, Idaho, or law, other than the planning provisions of sec- 2, 1983, and recorded June 4, 1984, in Volume any other person responsible for the contamina- tions 202 and 203 of such Act (43 U.S.C. 1712, 751, Pages 61 to 67. tion shall remediate the contamination. 1713), and shall be subject to all valid existing (3) Assessor Parcel No. 620505300, 1.5 acres, (f) ADMINISTRATIVE COSTS.—The Secretary rights. trust land. shall require that the city of Twin Falls, Idaho, (2) METHOD OF SALE.—The sale of the land (4) Assessor Parcel No. 620505400, 19.23 acres, pay all survey costs and other administrative under paragraph (1) shall be consistent with trust land. costs necessary for the preparation and comple- subsections (d) and (f) of section 203 of the Fed- (5) Assessor Parcel No. 620505600, 3.46 acres, tion of any patents of and transfer of title to eral Land Policy and Management Act of 1976 trust land. property under this section. (43 U.S.C. 1713) through a competitive bidding (6) Assessor Parcel No. 620505700, 7.44 acres, SEC. 2608. SUNRISE MOUNTAIN INSTANT STUDY process and for not less than fair market value. trust land. AREA RELEASE, NEVADA. (c) DISPOSITION OF LAND SALES PROCEEDS.— (7) Assessor Parcel No. 620401700, 0.8 acres, (a) FINDING.—Congress finds that the land de- All proceeds derived from the sale of land de- trust land. scribed in subsection (c) has been adequately scribed in this section shall be deposited in the (8) A portion of Assessor Parcel No. 620500200, studied for wilderness designation under section Federal Land Disposal Account established by 2.5 acres, trust land. 603 of the Federal Land Policy and Manage- section 206(a) of the Federal Land Transaction (9) Assessor Parcel No. 620506200, 24.87 acres, ment Act of 1976 (43 U.S.C. 1782). Facilitation Act (43 U.S.C. 2305(a)). trust land. (b) RELEASE.—The land described in sub- SEC. 2610. RELEASE OF REVERSIONARY INTEREST (d) SURVEY.—As soon as practicable after the section (c)— IN CERTAIN LANDS IN RENO, NE- date of the enactment of this Act, the Office of (1) is no longer subject to section 603(c) of the VADA. Cadastral Survey of the Bureau of Land Man- Federal Land Policy and Management Act of (a) RAILROAD LANDS DEFINED.—For the pur- agement shall complete fieldwork required for a 1976 (43 U.S.C. 1782(c)); and poses of this section, the term ‘‘railroad lands’’ survey of the lands described in subsections (b)

VerDate Mar 15 2010 12:18 Aug 01, 2011 Jkt 079102 PO 00000 Frm 00054 Fmt 0688 Sfmt 6333 E:\BR09\H25MR9.002 H25MR9 erowe on DSK5CLS3C1PROD with BOUND RECORD March 25, 2009 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 7 8637 and (c) for the purpose of incorporating those (ii) statistics and trend analyses; parcel that has not been issued, pursuant to lands within the boundaries of the Tuolumne (iii) an estimate of the amount of Federal any lease sale conducted prior to the date of en- Rancheria. Not later than 90 days after that funds expended by the Secretaries on wildland actment of this Act, including the completion of fieldwork is completed, that office shall complete firefighter safety practices, including training any requirements under the National Environ- the survey. programs and activities for wildland fire sup- mental Policy Act of 1969 (42 U.S.C. 4321 et (e) LEGAL DESCRIPTIONS.— pression, prescribed burning, and wildland fire seq.). (1) PUBLICATION.—On approval by the Com- use; (f) EXCEPTION.—Notwithstanding the with- munity Council of the Tribe of the survey com- (iv) progress made in implementing rec- drawal in subsection (a), the Secretary may pleted under subsection (d), the Secretary of the ommendations from the Inspector General, the lease oil and gas resources in the Wyoming Interior shall publish in the Federal Register— Government Accountability Office, the Occupa- Range Withdrawal Area that are within 1 mile (A) a legal description of the new boundary tional Safety and Health Administration, or an of the boundary of the Wyoming Range With- lines of the Tuolumne Rancheria; and agency report relating to a wildland firefighting drawal Area in accordance with the Mineral (B) a legal description of the land surveyed fatality issued during the preceding 10 years; Leasing Act (30 U.S.C. 181 et seq.) and subject to under subsection (d). and the following conditions: (2) EFFECT.—Beginning on the date on which (v) a description of— (1) The lease may only be accessed by direc- the legal descriptions are published under para- (I) the provisions relating to wildland fire- tional drilling from a lease held by production graph (1), such legal descriptions shall be the fighter safety practices in any Federal contract on the date of enactment of this Act on National official legal descriptions of those boundary or other agreement governing the provision of Forest System land that is adjacent to, and out- lines of the Tuolumne Rancheria and the lands wildland firefighters by a non-Federal entity; side of, the Wyoming Range Withdrawal Area. surveyed. (II) a summary of any actions taken by the (2) The lease shall prohibit, without exception TITLE III—FOREST SERVICE Secretaries to ensure that the provisions relating or waiver, surface occupancy and surface dis- AUTHORIZATIONS to safety practices, including training, are com- turbance for any activities, including activities plied with by the non-Federal entity; and related to exploration, development, or produc- Subtitle A—Watershed Restoration and (III) the results of those actions. tion. Enhancement Subtitle C—Wyoming Range (3) The directional drilling may extend no fur- SEC. 3001. WATERSHED RESTORATION AND EN- SEC. 3201. DEFINITIONS. ther than 1 mile inside the boundary of the Wy- HANCEMENT AGREEMENTS. oming Range Withdrawal Area. Section 323 of the Department of the Interior In this subtitle: SEC. 3203. ACCEPTANCE OF THE DONATION OF and Related Agencies Appropriations Act, 1999 (1) SECRETARY.—The term ‘‘Secretary’’ means the Secretary of the Interior. VALID EXISTING MINING OR LEAS- (16 U.S.C. 1011 note; Public Law 105–277), is ING RIGHTS IN THE WYOMING (2) WYOMING RANGE WITHDRAWAL AREA.—The amended— RANGE. term ‘‘Wyoming Range Withdrawal Area’’ (1) in subsection (a), by striking ‘‘each of fis- (a) NOTIFICATION OF LEASEHOLDERS.—Not means all National Forest System land and fed- cal years 2006 through 2011’’ and inserting ‘‘fis- later than 120 days after the date of enactment erally owned minerals located within the bound- cal year 2006 and each fiscal year thereafter’’; of this Act, the Secretary shall provide notice to aries of the Bridger-Teton National Forest iden- (2) by redesignating subsection (d) as sub- holders of valid existing mining or leasing rights tified on the map entitled ‘‘Wyoming Range section (e); and within the Wyoming Range Withdrawal Area of Withdrawal Area’’ and dated October 17, 2007, (3) by inserting after subsection (c) the fol- the potential opportunity for repurchase of on file with the Office of the Chief of the Forest lowing: those rights and retirement under this section. Service and the Office of the Supervisor of the ‘‘(d) APPLICABLE LAW.—Chapter 63 of title 31, (b) REQUEST FOR LEASE RETIREMENT.— Bridger-Teton National Forest. United States Code, shall not apply to— (1) IN GENERAL.—A holder of a valid existing ‘‘(1) a watershed restoration and enhance- SEC. 3202. WITHDRAWAL OF CERTAIN LAND IN mining or leasing right within the Wyoming ment agreement entered into under this section; THE WYOMING RANGE. Range Withdrawal Area may submit a written or (a) WITHDRAWAL.—Except as provided in sub- notice to the Secretary of the interest of the ‘‘(2) an agreement entered into under the first section (f), subject to valid existing rights as of holder in the retirement and repurchase of that section of Public Law 94–148 (16 U.S.C. 565a– the date of enactment of this Act and the provi- right. 1).’’. sions of this subtitle, land in the Wyoming (2) LIST OF INTERESTED HOLDERS.—The Sec- Range Withdrawal Area is withdrawn from— Subtitle B—Wildland Firefighter Safety retary shall prepare a list of interested holders (1) all forms of appropriation or disposal and make the list available to any non-Federal SEC. 3101. WILDLAND FIREFIGHTER SAFETY. under the public land laws; entity or person interested in acquiring that (a) DEFINITIONS.—In this section: (2) location, entry, and patent under the min- right for retirement by the Secretary. (1) SECRETARIES.—The term ‘‘Secretaries’’ ing laws; and (c) PROHIBITION.—The Secretary may not use means— (3) disposition under laws relating to mineral any Federal funds to purchase any right re- (A) the Secretary of the Interior, acting and geothermal leasing. ferred to in subsection (a). through the Directors of the Bureau of Land (b) EXISTING RIGHTS.—If any right referred to (d) DONATION AUTHORITY.—The Secretary Management, the United States Fish and Wild- in subsection (a) is relinquished or otherwise ac- shall— life Service, the National Park Service, and the quired by the United States (including through (1) accept the donation of any valid existing Bureau of Indian Affairs; and donation under section 3203) after the date of mining or leasing right in the Wyoming Range (B) the Secretary of Agriculture, acting enactment of this Act, the land subject to that Withdrawal Area from the holder of that right through the Chief of the Forest Service. right shall be withdrawn in accordance with or from any non-Federal entity or person that (2) WILDLAND FIREFIGHTER.—The term this section. acquires that right; and ‘‘wildland firefighter’’ means any person who (c) BUFFERS.—Nothing in this section re- (2) on acceptance, cancel that right. participates in wildland firefighting activities— quires— (e) RELATIONSHIP TO OTHER AUTHORITY.— (A) under the direction of either of the Secre- (1) the creation of a protective perimeter or Nothing in this subtitle affects any authority taries; or buffer area outside the boundaries of the Wyo- the Secretary may otherwise have to modify, (B) under a contract or compact with a feder- ming Range Withdrawal Area; or suspend, or terminate a lease without compensa- ally recognized Indian tribe. (2) any prohibition on activities outside of the tion, or to recognize the transfer of a valid exist- (b) ANNUAL REPORT TO CONGRESS.— boundaries of the Wyoming Range Withdrawal ing mining or leasing right, if otherwise author- (1) IN GENERAL.—The Secretaries shall jointly Area that can be seen or heard from within the ized by law. submit to Congress an annual report on the boundaries of the Wyoming Range Withdrawal wildland firefighter safety practices of the Sec- Area. Subtitle D—Land Conveyances and Exchanges retaries, including training programs and activi- (d) LAND AND RESOURCE MANAGEMENT SEC. 3301. LAND CONVEYANCE TO CITY OF COFF- ties for wildland fire suppression, prescribed PLAN.— MAN COVE, ALASKA. burning, and wildland fire use, during the pre- (1) IN GENERAL.—Subject to paragraph (2), the (a) DEFINITIONS.—In this section: ceding calendar year. Bridger-Teton National Land and Resource (1) CITY.—The term ‘‘City’’ means the city of (2) TIMELINE.—Each report under paragraph Management Plan (including any revisions to Coffman Cove, Alaska. (1) shall— the Plan) shall apply to any land within the (2) SECRETARY.—The term ‘‘Secretary’’ means (A) be submitted by not later than March of Wyoming Range Withdrawal Area. the Secretary of Agriculture. the year following the calendar year covered by (2) CONFLICTS.—If there is a conflict between (b) CONVEYANCE.— the report; and this subtitle and the Bridger-Teton National (1) IN GENERAL.—Subject to valid existing (B) include— Land and Resource Management Plan, this sub- rights, the Secretary shall convey to the City, (i) a description of, and any changes to, title shall apply. without consideration and by quitclaim deed all wildland firefighter safety practices, including (e) PRIOR LEASE SALES.—Nothing in this sec- right, title, and interest of the United States, ex- training programs and activities for wildland tion prohibits the Secretary from taking any ac- cept as provided in paragraphs (3) and (4), in fire suppression, prescribed burning, and tion necessary to issue, deny, remove the sus- and to the parcel of National Forest System wildland fire use; pension of, or cancel a lease, or any sold lease land described in paragraph (2).

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(2) DESCRIPTION OF LAND.— land conveyed to the County under paragraph (C) EQUALIZATION OF VALUES.— (A) IN GENERAL.—The parcel of National For- (1) shall revert to the Secretary, at the election (i) IN GENERAL.—If the values of the non-Fed- est System land referred to in paragraph (1) is of the Secretary, if the land is— eral land and the Federal land are not equal, the approximately 12 acres of land identified in (A) used for a purpose other than the pur- the values may be equalized in accordance with U.S. Survey 10099, as depicted on the plat enti- poses described in paragraph (3)(A); or section 206 of the Federal Land Policy and tled ‘‘Subdivision of U.S. Survey No. 10099’’ and (B) managed by the County in a manner that Management Act of 1976 (43 U.S.C. 1716). recorded as Plat 2003–1 on January 21, 2003, Pe- is inconsistent with paragraph (3)(B). (ii) CASH EQUALIZATION PAYMENTS.—Any tersburg Recording District, Alaska. SEC. 3303. SANTA FE NATIONAL FOREST; PECOS amounts received by the Secretary of Agri- (B) EXCLUDED LAND.—The parcel of National NATIONAL HISTORICAL PARK LAND culture as a cash equalization payment under Forest System land conveyed under paragraph EXCHANGE. section 206(b) of the Federal Land Policy and (1) does not include the portion of U.S. Survey (a) DEFINITIONS.—In this section: Management Act of 1976 (43 U.S.C. 1716(b)) 10099 that is north of the right-of-way for Forest (1) FEDERAL LAND.—The term ‘‘Federal land’’ shall— Development Road 3030–295 and southeast of means the approximately 160 acres of Federal (I) be deposited in the fund established by Tract CC–8. land within the Santa Fe National Forest in the Public Law 90–171 (commonly known as the (3) RIGHT-OF-WAY.—The United States may re- State, as depicted on the map. ‘‘Sisk Act’’) (16 U.S.C. 484a); and serve a right-of-way to provide access to the Na- (2) LANDOWNER.—The term ‘‘landowner’’ (II) be available for expenditure, without fur- tional Forest System land excluded from the means the 1 or more owners of the non-Federal ther appropriation, for the acquisition of land conveyance to the City under paragraph (2)(B). land. and interests in land in the State. (4) REVERSION.—If any portion of the land (3) MAP.—The term ‘‘map’’ means the map en- (4) COSTS.—Before the completion of the ex- conveyed under paragraph (1) (other than a titled ‘‘Proposed Land Exchange for Pecos Na- change under this subsection, the Secretaries portion of land sold under paragraph (5)) ceases tional Historical Park’’, numbered 430/80,054, and the landowner shall enter into an agree- to be used for public purposes, the land shall, at dated November 19, 1999, and revised September ment that allocates the costs of the exchange the option of the Secretary, revert to the United 18, 2000. among the Secretaries and the landowner. States. (4) NON-FEDERAL LAND.—The term ‘‘non-Fed- (5) APPLICABLE LAW.—Except as otherwise (5) CONDITIONS ON SUBSEQUENT CONVEY- eral land’’ means the approximately 154 acres of provided in this section, the exchange of land ANCES.—If the City sells any portion of the land non-Federal land in the Park, as depicted on and interests in land under this section shall be conveyed to the City under paragraph (1)— the map. in accordance with— (A) the amount of consideration for the sale (5) PARK.—The term ‘‘Park’’ means the Pecos (A) section 206 of the Federal Land Policy and shall reflect fair market value, as determined by National Historical Park in the State. Management Act of 1976 (43 U.S.C. 1716); and an appraisal; and (6) SECRETARIES.—The term ‘‘Secretaries’’ (B) other applicable Federal, State, and local (B) the City shall pay to the Secretary an means the Secretary of the Interior and the Sec- laws. (6) ADDITIONAL TERMS AND CONDITIONS.—The amount equal to the gross proceeds of the sale, retary of Agriculture, acting jointly. Secretaries may require, in addition to any re- which shall be available, without further appro- (7) STATE.—The term ‘‘State’’ means the State quirements under this section, such terms and priation, for the Tongass National Forest. of New Mexico. (b) LAND EXCHANGE.— conditions relating to the exchange of Federal SEC. 3302. BEAVERHEAD-DEERLODGE NATIONAL (1) IN GENERAL.—If the Secretary of the Inte- land and non-Federal land and the granting of FOREST LAND CONVEYANCE, MON- rior accepts the non-Federal land, title to which TANA. easements under this section as the Secretaries is acceptable to the Secretary of the Interior, the determine to be appropriate to protect the inter- (a) DEFINITIONS.—In this section: Secretary of Agriculture shall, subject to the ests of the United States. (1) COUNTY.—The term ‘‘County’’ means Jef- conditions of this section and the National En- (7) COMPLETION OF THE EXCHANGE.— ferson County, Montana. vironmental Policy Act of 1969 (42 U.S.C. 4321 et (A) IN GENERAL.—The exchange of Federal (2) MAP.—The term ‘‘map’’ means the map seq.), convey to the landowner the Federal land. land and non-Federal land shall be completed that is— (2) EASEMENT.— not later than 180 days after the later of— (A) entitled ‘‘Elkhorn Cemetery’’; (A) IN GENERAL.—As a condition of the con- (i) the date on which the requirements of the (B) dated May 9, 2005; and veyance of the non-Federal land, the landowner National Environmental Policy Act of 1969 (42 (C) on file in the office of the Beaverhead- may reserve an easement (including an easement U.S.C. 4321 et seq.) have been met; Deerlodge National Forest Supervisor. for service access) for water pipelines to 2 well (ii) the date on which the Secretary of the In- ECRETARY.—The term ‘‘Secretary’’ means (3) S sites located in the Park, as generally depicted terior approves the appraisals under paragraph the Secretary of Agriculture. on the map. (3)(B)(iii); or (b) CONVEYANCE TO JEFFERSON COUNTY, MON- (B) ROUTE.—The Secretary of the Interior and (iii) the date on which the Secretaries and the TANA.— the landowner shall determine the appropriate landowner agree on the costs of the exchange (1) CONVEYANCE.—Not later than 180 days route of the easement through the non-Federal and any other terms and conditions of the ex- after the date of enactment of this Act and sub- land. change under this subsection. ject to valid existing rights, the Secretary (act- (C) TERMS AND CONDITIONS.—The easement (B) NOTICE.—The Secretaries shall submit to ing through the Regional Forester, Northern Re- shall include such terms and conditions relating the Committee on Energy and Natural Resources gion, Missoula, Montana) shall convey by quit- to the use of, and access to, the well sites and of the Senate and the Committee on Resources claim deed to the County for no consideration, pipeline, as the Secretary of the Interior and the of the House of Representatives notice of the all right, title, and interest of the United States, landowner determine to be appropriate. completion of the exchange of Federal land and except as provided in paragraph (5), in and to (D) APPLICABLE LAW.—The easement shall be non-Federal land under this subsection. the parcel of land described in paragraph (2). established, operated, and maintained in com- (c) ADMINISTRATION.— (2) DESCRIPTION OF LAND.—The parcel of land pliance with applicable Federal, State, and local (1) IN GENERAL.—The Secretary of the Interior referred to in paragraph (1) is the parcel of ap- laws. shall administer the non-Federal land acquired proximately 9.67 acres of National Forest System (3) VALUATION, APPRAISALS, AND EQUALI- under this section in accordance with the laws land (including any improvements to the land) ZATION.— generally applicable to units of the National in the County that is known as the ‘‘Elkhorn (A) IN GENERAL.—The value of the Federal Park System, including the Act of August 25, Cemetery’’, as generally depicted on the map. land and non-Federal land— 1916 (commonly known as the ‘‘National Park (3) USE OF LAND.—As a condition of the con- (i) shall be equal, as determined by appraisals Service Organic Act’’) (16 U.S.C. 1 et seq.). veyance under paragraph (1), the County conducted in accordance with subparagraph (2) MAPS.— shall— (B); or (A) IN GENERAL.—The map shall be on file and (A) use the land described in paragraph (2) as (ii) if the value is not equal, shall be equalized available for public inspection in the appro- a County cemetery; and in accordance with subparagraph (C). priate offices of the Secretaries. (B) agree to manage the cemetery with due (B) APPRAISALS.— (B) TRANSMITTAL OF REVISED MAP TO CON- consideration and protection for the historic (i) IN GENERAL.—The Federal land and non- GRESS.—Not later than 180 days after completion and cultural values of the cemetery, under such Federal land shall be appraised by an inde- of the exchange, the Secretaries shall transmit terms and conditions as are agreed to by the pendent appraiser selected by the Secretaries. to the Committee on Energy and Natural Re- Secretary and the County. (ii) REQUIREMENTS.—An appraisal conducted sources of the Senate and the Committee on Re- (4) EASEMENT.—In conveying the land to the under clause (i) shall be conducted in accord- sources of the House of Representatives a re- County under paragraph (1), the Secretary, in ance with— vised map that depicts— accordance with applicable law, shall grant to (I) the Uniform Appraisal Standards for Fed- (i) the Federal land and non-Federal land ex- the County an easement across certain National eral Land Acquisitions; and changed under this section; and Forest System land, as generally depicted on the (II) the Uniform Standards of Professional (ii) the easement described in subsection map, to provide access to the land conveyed Appraisal Practice. (b)(2). under that paragraph. (iii) APPROVAL.—The appraisals conducted SEC. 3304. SANTA FE NATIONAL FOREST LAND (5) REVERSION.—In the quitclaim deed to the under this subparagraph shall be submitted to CONVEYANCE, NEW MEXICO. County, the Secretary shall provide that the the Secretaries for approval. (a) DEFINITIONS.—In this section:

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(1) CLAIM.—The term ‘‘Claim’’ means a claim veyed under subsection (a) shall be determined (II) hold the United States harmless for any of the Claimants to any right, title, or interest by a survey satisfactory to the Secretary. The liability for the condition of the Federal land; in any land located in lot 10, sec. 22, T. 18 N., cost of a survey shall be borne by the District. and R. 12 E., New Mexico Principal Meridian, San (d) ADDITIONAL TERMS AND CONDITIONS.—The (ii) comply with the hazardous substances dis- Miguel County, New Mexico, except as provided Secretary may require such additional terms closure requirements of section 120(h) of the in subsection (b)(1). and conditions in connection with the convey- Comprehensive Environmental Response, Com- (2) CLAIMANTS.—The term ‘‘Claimants’’ means ance under subsection (a) as the Secretary con- pensation, and Liability Act of 1980 (42 U.S.C. Ramona Lawson and Boyd Lawson. siders appropriate to protect the interests of the 9620(h)). (3) FEDERAL LAND.—The term ‘‘Federal land’’ United States. (B) LIMITATION.—Clauses (ii) and (iii) of sec- means a parcel of National Forest System land SEC. 3306. MAMMOTH COMMUNITY WATER DIS- tion 120(h)(3)(A) of the Comprehensive Environ- in the Santa Fe National Forest, New Mexico, TRICT USE RESTRICTIONS. mental Response, Compensation, and Liability that is— Notwithstanding Public Law 90–171 (com- Act (42 U.S.C. 9620(h)(3)(A)) shall not apply to (A) comprised of approximately 6.20 acres of monly known as the ‘‘Sisk Act’’) (16 U.S.C. the conveyance of Federal land under sub- land; and 484a), the approximately 36.25 acres patented to section (b). (B) described and delineated in the survey. the Mammoth County Water District (now (2) ADDITIONAL TERMS AND CONDITIONS.—The (4) SECRETARY.—The term ‘‘Secretary’’ means known as the ‘‘Mammoth Community Water land exchange under subsection (b) shall be sub- the Secretary of Agriculture, acting through the District’’) by Patent No. 04–87–0038, on June 26, ject to— Forest Service Regional Forester, Southwestern 1987, and recorded in volume 482, at page 516, of (A) valid existing rights; and Region. the official records of the Recorder’s Office, (B) such additional terms and conditions as (5) SURVEY.—The term ‘‘survey’’ means the Mono County, California, may be used for any the Secretary may require. survey plat entitled ‘‘Boundary Survey and public purpose. (g) MANAGEMENT OF ACQUIRED LAND.—The Conservation Easement Plat’’, prepared by non-Federal land acquired by the Secretary Chris A. Chavez, Land Surveyor, Forest Service, SEC. 3307. LAND EXCHANGE, WASATCH-CACHE NA- under subsection (b) shall be— TIONAL FOREST, UTAH. NMPLS#12793, and recorded on February 27, (1) added to, and administered as part of, the (a) DEFINITIONS.—In this section: 2007, at book 55, page 93, of the land records of Wasatch-Cache National Forest; and (1) CITY.—The term ‘‘City’’ means the City of San Miguel County, New Mexico. (2) managed by the Secretary in accordance Bountiful, Utah. (b) SANTA FE NATIONAL FOREST LAND CON- with— (2) FEDERAL LAND.—The term ‘‘Federal land’’ VEYANCE.— (A) the Act of March 1, 1911 (commonly means the land under the jurisdiction of the (1) IN GENERAL.—The Secretary shall, except known as the ‘‘Weeks Law’’) (16 U.S.C. 480 et Secretary identified on the map as ‘‘Shooting as provided in subparagraph (A) and subject to seq.); and valid existing rights, convey and quitclaim to Range Special Use Permit Area’’. (B) any laws (including regulations) applica- the Claimants all right, title, and interest of the (3) MAP.—The term ‘‘map’’ means the map en- ble to the National Forest System. United States in and to the Federal land in ex- titled ‘‘Bountiful City Land Consolidation Act’’ (h) EASEMENTS; RIGHTS-OF-WAY.— change for— and dated October 15, 2007. (1) BONNEVILLE SHORELINE TRAIL EASEMENT.— (A) the grant by the Claimants to the United (4) NON-FEDERAL LAND.—The term ‘‘non-Fed- In carrying out the land exchange under sub- States of a scenic easement to the Federal land eral land’’ means the 3 parcels of City land com- section (b), the Secretary shall ensure that an that— prising a total of approximately 1,680 acres, as easement not less than 60 feet in width is re- (i) protects the purposes for which the Federal generally depicted on the map. served for the Bonneville Shoreline Trail. land was designated under the Wild and Scenic (5) SECRETARY.—The term ‘‘Secretary’’ means (2) OTHER RIGHTS-OF-WAY.—The Secretary Rivers Act (16 U.S.C. 1271 et seq.); and the Secretary of Agriculture. and the City may reserve any other rights-of- (ii) is determined to be acceptable by the Sec- (b) EXCHANGE.—Subject to subsections (d) way for utilities, roads, and trails that— retary; and through (h), if the City conveys to the Secretary (A) are mutually agreed to by the Secretary (B) a release of the United States by the all right, title, and interest of the City in and to and the City; and Claimants of— the non-Federal land, the Secretary shall con- (B) the Secretary and the City consider to be (i) the Claim; and vey to the City all right, title, and interest of the in the public interest. (ii) any additional related claims of the Claim- United States in and to the Federal land. (i) DISPOSAL OF REMAINING FEDERAL LAND.— ants against the United States. (c) AVAILABILITY OF MAP.—The map shall be (1) IN GENERAL.—The Secretary may, by sale (2) SURVEY.—The Secretary, with the ap- on file and available for public inspection in the or exchange, dispose of all, or a portion of, the proval of the Claimants, may make minor cor- appropriate offices of the Forest Service. parcel of National Forest System land com- rections to the survey and legal description of (d) VALUATION AND EQUALIZATION.— prising approximately 220 acres, as generally de- the Federal land to correct clerical, typo- (1) VALUATION.—The value of the Federal picted on the map that remains after the con- graphical, and surveying errors. land and the non-Federal land to be conveyed veyance of the Federal land authorized under (3) SATISFACTION OF CLAIM.—The conveyance under subsection (b)— subsection (b), if the Secretary determines, in of Federal land under paragraph (1) shall con- (A) shall be equal, as determined by apprais- accordance with paragraph (2), that the land or stitute a full satisfaction of the Claim. als carried out in accordance with section 206 of portion of the land is in excess of the needs of SEC. 3305. KITTITAS COUNTY, WASHINGTON, the Federal Land Policy and Management Act the National Forest System. LAND CONVEYANCE. of 1976 (43 U.S.C. 1716); or (2) REQUIREMENTS.—A determination under (a) CONVEYANCE REQUIRED.—The Secretary of (B) if not equal, shall be equalized in accord- paragraph (1) shall be made— Agriculture shall convey, without consideration, ance with paragraph (2). (A) pursuant to an amendment of the land to the King and Kittitas Counties Fire District (2) EQUALIZATION.—If the value of the Fed- and resource management plan for the Wasatch- #51 of King and Kittitas Counties, Washington eral land and the non-Federal land to be con- Cache National Forest; and (in this section referred to as the ‘‘District’’), all veyed in a land exchange under this section is (B) after carrying out a public process con- right, title, and interest of the United States in not equal, the value may be equalized by— sistent with the National Environmental Policy and to a parcel of National Forest System land (A) making a cash equalization payment to Act of 1969 (42 U.S.C. 4321 et seq.). in Kittitas County, Washington, consisting of the Secretary or to the City, as appropriate; or (3) CONSIDERATION.—As consideration for any approximately 1.5 acres within the SW1⁄4 of the (B) reducing the acreage of the Federal land conveyance of Federal land under paragraph SE1⁄4 of section 4, township 22 north, range 11 or the non-Federal land to be exchanged, as ap- (1), the Secretary shall require payment of an east, Willamette meridian, for the purpose of propriate. amount equal to not less than the fair market permitting the District to use the parcel as a site (e) APPLICABLE LAW.—Section 206 of the Fed- value of the conveyed National Forest System for a new Snoqualmie Pass fire and rescue sta- eral Land Policy and Management Act of 1976 land. tion. (43 U.S.C. 1716) shall apply to the land ex- (4) RELATION TO OTHER LAWS.—Any convey- (b) REVERSIONARY INTEREST.—If the Secretary change authorized under subsection (b), except ance of Federal land under paragraph (1) by ex- determines at any time that the real property that the Secretary may accept a cash equali- change shall be subject to section 206 of the Fed- conveyed under subsection (a) is not being used zation payment in excess of 25 percent of the eral Land Policy and Management Act of 1976 in accordance with the purpose of the convey- value of the Federal land. (43 U.S.C. 1716). ance specified in such subsection, all right, title, (f) CONDITIONS.— (5) DISPOSITION OF PROCEEDS.—Any amounts and interest in and to the property shall revert, (1) LIABILITY.— received by the Secretary as consideration under at the option of the Secretary, to the United (A) IN GENERAL.—As a condition of the ex- subsection (d) or paragraph (3) shall be— States, and the United States shall have the change under subsection (b), the Secretary (A) deposited in the fund established under right of immediate entry onto the property. Any shall— Public Law 90–171 (commonly known as the determination of the Secretary under this sub- (i) require that the City— ‘‘Sisk Act’’) (16 U.S.C. 484a); and section shall be made on the record after an op- (I) assume all liability for the shooting range (B) available to the Secretary, without further portunity for a hearing. located on the Federal land, including the past, appropriation and until expended, for the ac- (c) SURVEY.—If necessary, the exact acreage present, and future condition of the Federal quisition of land or interests in land to be in- and legal description of the lands to be con- land; and cluded in the Wasatch-Cache National Forest.

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(6) ADDITIONAL TERMS AND CONDITIONS.—Any (B) the person buying the land shall pay— (A) identifies the present ownership of the conveyance of Federal land under paragraph (1) (i) the costs associated with appraising and, if land within the study area; shall be subject to— the land needs to be resurveyed, resurveying the (B) identifies any undeveloped land that may (A) valid existing rights; and land; and be at risk of development; and (B) such additional terms and conditions as (ii) any analyses and closing costs associated (C) describes any actions that could be taken the Secretary may require. with the conveyance; by the United States, the State, a political sub- SEC. 3308. BOUNDARY ADJUSTMENT, FRANK (C) for management purposes, the Secretary division of the State, or any other parties to pre- CHURCH RIVER OF NO RETURN WIL- may reconfigure the description of the land for serve the open and undeveloped character of the DERNESS. sale; and land within the study area. (a) PURPOSES.—The purposes of this section (D) the owner of the adjacent private land (b) REQUIREMENTS.—The Secretary shall con- are— shall have the first opportunity to buy the land. duct the study and develop the report under (1) to adjust the boundaries of the wilderness (3) DISPOSITION OF PROCEEDS.— subsection (a) with the support and participa- area; and (A) IN GENERAL.—The Secretary shall deposit tion of 1 or more of the following State and local (2) to authorize the Secretary to sell the land the cash proceeds from a sale of land under entities: designated for removal from the wilderness area paragraph (1) in the fund established under (1) The Colorado Department of Natural Re- due to encroachment. Public Law 90–171 (commonly known as the sources. ‘‘Sisk Act’’) (16 U.S.C. 484a). (2) Colorado State Forest Service. (b) DEFINITIONS.—In this section: (3) Colorado State Conservation Board. (1) LAND DESIGNATED FOR EXCLUSION.—The (B) AVAILABILITY AND USE.—Amounts depos- (4) Great Outdoors Colorado. term ‘‘land designated for exclusion’’ means the ited under subparagraph (A)— (5) Boulder, Jefferson, and Gilpin Counties, parcel of land that is— (i) shall remain available until expended for Colorado. (A) comprised of approximately 10.2 acres of the acquisition of land for National Forest pur- (c) LIMITATION.—If the State and local enti- land; poses in the State of Idaho; and ties specified in subsection (b) do not support (B) generally depicted on the survey plat enti- (ii) shall not be subject to transfer or re- and participate in the conduct of the study and tled ‘‘Proposed Boundary Change FCRONRW programming for— the development of the report under this section, Sections 15 (unsurveyed) Township 14 North, (I) wildland fire management; or the Secretary may— Range 13 East, B.M., Custer County, Idaho’’ (II) any other emergency purposes. (1) decrease the area covered by the study and dated November 14, 2001; and SEC. 3309. SANDIA PUEBLO LAND EXCHANGE area, as appropriate; or (C) more particularly described in the survey TECHNICAL AMENDMENT. (2)(A) opt not to conduct the study or develop plat and legal description on file in— Section 413(b) of the T’uf Shur Bien Preserva- the report; and (i) the office of the Chief of the Forest Service, tion Trust Area Act (16 U.S.C. 539m–11) is (B) submit to the Committee on Energy and Washington, DC; and amended— Natural Resources of the Senate and the Com- (ii) the office of the Intermountain Regional (1) in paragraph (1), by inserting ‘‘3,’’ after mittee on Natural Resources of the House of Forester, Ogden, Utah. ‘‘sections’’; and Representatives notice of the decision not to (2) LAND DESIGNATED FOR INCLUSION.—The (2) in the first sentence of paragraph (4), by conduct the study or develop the report. term ‘‘land designated for inclusion’’ means the inserting ‘‘, as a condition of the conveyance,’’ (d) EFFECT.—Nothing in this subtitle author- parcel of National Forest System land that is— before ‘‘remain’’. izes the Secretary to take any action that would affect the use of any land not owned by the (A) comprised of approximately 10.2 acres of Subtitle E—Colorado Northern Front Range United States. land; Study (B) located in unsurveyed section 22, T. 14 N., TITLE IV—FOREST LANDSCAPE R. 13 E., Boise Meridian, Custer County, Idaho; SEC. 3401. PURPOSE. RESTORATION The purpose of this subtitle is to identify op- (C) generally depicted on the map entitled SEC. 4001. PURPOSE. tions that may be available to assist in main- ‘‘Challis National Forest, T.14 N., R. 13 E., The purpose of this title is to encourage the taining the open space characteristics of land B.M., Custer County, Idaho, Proposed Bound- collaborative, science-based ecosystem restora- that is part of the mountain backdrop of com- ary Change FCRONRW’’ and dated September tion of priority forest landscapes through a munities in the northern section of the Front 19, 2007; and process that— (D) more particularly described on the map Range area of Colorado. (1) encourages ecological, economic, and so- and legal description on file in— SEC. 3402. DEFINITIONS. cial sustainability; (i) the office of the Chief of the Forest Service, In this subtitle: (2) leverages local resources with national and Washington, DC; and (1) SECRETARY.—The term ‘‘Secretary’’ means private resources; (ii) the Intermountain Regional Forester, the Secretary of Agriculture, acting through the (3) facilitates the reduction of wildfire man- Ogden, Utah. Chief of the Forest Service. agement costs, including through reestablishing (3) SECRETARY.—The term ‘‘Secretary’’ means (2) STATE.—The term ‘‘State’’ means the State natural fire regimes and reducing the risk of the Secretary of Agriculture. of Colorado. uncharacteristic wildfire; and (4) WILDERNESS AREA.—The term ‘‘wilderness (3) STUDY AREA.— (4) demonstrates the degree to which— area’’ means the Frank Church River of No Re- (A) IN GENERAL.—The term ‘‘study area’’ (A) various ecological restoration techniques— turn Wilderness designated by section 3 of the means the land in southern Boulder, northern (i) achieve ecological and watershed health Central Idaho Wilderness Act of 1980 (16 U.S.C. Jefferson, and northern Gilpin Counties, Colo- objectives; and (ii) affect wildfire activity and management 1132 note; 94 Stat. 948). rado, that is located west of Colorado State Highway 93, south and east of Colorado State costs; and (c) BOUNDARY ADJUSTMENT.— (B) the use of forest restoration byproducts Highway 119, and north of Colorado State High- (1) ADJUSTMENT TO WILDERNESS AREA.— can offset treatment costs while benefitting local way 46, as generally depicted on the map enti- (A) INCLUSION.—The wilderness area shall in- rural economies and improving forest health. clude the land designated for inclusion. tled ‘‘Colorado Northern Front Range Mountain SEC. 4002. DEFINITIONS. (B) EXCLUSION.—The wilderness area shall Backdrop Protection Study Act: Study Area’’ In this title: not include the land designated for exclusion. and dated August 27, 2008. (1) FUND.—The term ‘‘Fund’’ means the Col- (B) EXCLUSIONS.—The term ‘‘study area’’ does (2) CORRECTIONS TO LEGAL DESCRIPTIONS.— laborative Forest Landscape Restoration Fund not include land within the city limits of the cit- The Secretary may make corrections to the legal established by section 4003(f). ies of Arvada, Boulder, or Golden, Colorado. descriptions. (2) PROGRAM.—The term ‘‘program’’ means NDEVELOPED LAND.—The term ‘‘undevel- (d) CONVEYANCE OF LAND DESIGNATED FOR (4) U the Collaborative Forest Landscape Restoration oped land’’ means land— EXCLUSION.— Program established under section 4003(a). (1) IN GENERAL.—Subject to paragraph (2), to (A) that is located within the study area; (3) PROPOSAL.—The term ‘‘proposal’’ means a resolve the encroachment on the land des- (B) that is free or primarily free of structures; collaborative forest landscape restoration pro- ignated for exclusion, the Secretary may sell for and posal described in section 4003(b). consideration in an amount equal to fair market (C) the development of which is likely to af- (4) SECRETARY.—The term ‘‘Secretary’’ means value— fect adversely the scenic, wildlife, or rec- the Secretary of Agriculture, acting through the (A) the land designated for exclusion; and reational value of the study area. Chief of the Forest Service. (B) as the Secretary determines to be nec- SEC. 3403. COLORADO NORTHERN FRONT RANGE (5) STRATEGY.—The term ‘‘strategy’’ means a essary, not more than 10 acres of land adjacent MOUNTAIN BACKDROP STUDY. landscape restoration strategy described in sec- to the land designated for exclusion. (a) STUDY; REPORT.—Not later than 1 year tion 4003(b)(1). (2) CONDITIONS.—The sale of land under para- after the date of enactment of this Act and ex- SEC. 4003. COLLABORATIVE FOREST LANDSCAPE graph (1) shall be subject to the conditions cept as provided in subsection (c), the Secretary RESTORATION PROGRAM. that— shall— (a) IN GENERAL.—The Secretary, in consulta- (A) the land to be conveyed be appraised in (1) conduct a study of the land within the tion with the Secretary of the Interior, shall es- accordance with the Uniform Appraisal Stand- study area; and tablish a Collaborative Forest Landscape Res- ards for Federal Land Acquisitions; (2) complete a report that— toration Program to select and fund ecological

VerDate Mar 15 2010 12:18 Aug 01, 2011 Jkt 079102 PO 00000 Frm 00058 Fmt 0688 Sfmt 6333 E:\BR09\H25MR9.002 H25MR9 erowe on DSK5CLS3C1PROD with BOUND RECORD March 25, 2009 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 7 8641 restoration treatments for priority forest land- (G) report annually on performance, includ- ning and carrying out ecological restoration scapes in accordance with— ing through performance measures from the treatments on National Forest System land, con- (1) the Endangered Species Act of 1973 (16 plan entitled the ‘‘10 Year Comprehensive Strat- sistent with the strategy, that would not be cov- U.S.C. 1531 et seq.); egy Implementation Plan’’ and dated December ered by amounts transferred to the Secretary (2) the National Environmental Policy Act of 2006; and from the Fund; and 1969 (42 U.S.C. 4321 et seq.); and (H) take into account any applicable commu- (ii) provide evidence that amounts proposed to (3) any other applicable law. nity wildfire protection plan; be transferred to the Secretary from the Fund (b) ELIGIBILITY CRITERIA.—To be eligible for (4) analyze any anticipated cost savings, in- during the first 2 fiscal years following selection nomination under subsection (c), a collaborative cluding those resulting from— would be used to carry out ecological restoration forest landscape restoration proposal shall— (A) reduced wildfire management costs; and treatments consistent with the strategy during (1) be based on a landscape restoration strat- (B) a decrease in the unit costs of imple- the same fiscal year in which the funds are egy that— menting ecological restoration treatments over transferred to the Secretary; (A) is complete or substantially complete; time; (B) if actions under the jurisdiction of the (B) identifies and prioritizes ecological res- (5) estimate— Secretary of the Interior are proposed, the nomi- toration treatments for a 10-year period within (A) the annual Federal funding necessary to nation shall include a plan to fund such ac- a landscape that is— implement the proposal; and tions, consistent with the strategy, by the ap- (i) at least 50,000 acres; (B) the amount of new non-Federal invest- propriate— (ii) comprised primarily of forested National ment for carrying out the proposal that would (i) State Director of the Bureau of Land Man- Forest System land, but may also include land be leveraged; agement; under the jurisdiction of the Bureau of Land (6) describe the collaborative process through (ii) Regional Director of the Bureau of Indian Management, land under the jurisdiction of the which the proposal was developed, including a Affairs; or Bureau of Indian Affairs, or other Federal, description of— (iii) other official of the Department of the In- State, tribal, or private land; (A) participation by or consultation with terior; and (iii) in need of active ecosystem restoration; State, local, and Tribal governments; and (C) if actions on land not under the jurisdic- and (B) any established record of successful col- tion of the Secretary or the Secretary of the In- (iv) accessible by existing or proposed wood- laborative planning and implementation of eco- terior are proposed, the appropriate Regional processing infrastructure at an appropriate logical restoration projects on National Forest Forester shall provide evidence that the land- scale to use woody biomass and small-diameter System land and other land included in the pro- owner intends to participate in, and provide ap- wood removed in ecological restoration treat- posal by the collaborators; and propriate funding to carry out, the actions. ments; (7) benefit local economies by providing local (d) SELECTION PROCESS.— (C) incorporates the best available science and employment or training opportunities through (1) IN GENERAL.—After consulting with the ad- scientific application tools in ecological restora- contracts, grants, or agreements for restoration visory panel established under subsection (e), tion strategies; planning, design, implementation, or monitoring the Secretary, in consultation with the Sec- (D) fully maintains, or contributes toward the with— retary of the Interior, shall, subject to para- restoration of, the structure and composition of (A) local private, nonprofit, or cooperative en- graph (2), select the best proposals that— old growth stands according to the pre-fire sup- tities; (A) have been nominated under subsection pression old growth conditions characteristic of (B) Youth Conservation Corps crews or re- (c)(2); and (B) meet the eligibility criteria established by the forest type, taking into account the con- lated partnerships, with State, local, and non- subsection (b). tribution of the stand to landscape fire adapta- profit youth groups; (2) CRITERIA.—In selecting proposals under tion and watershed health and retaining the (C) existing or proposed small or micro-busi- paragraph (1), the Secretary shall give special large trees contributing to old growth structure; nesses, clusters, or incubators; or consideration to— (E) would carry out any forest restoration (D) other entities that will hire or train local (A) the strength of the proposal and strategy; treatments that reduce hazardous fuels by— people to complete such contracts, grants, or (B) the strength of the ecological case of the (i) focusing on small diameter trees, thinning, agreements; and proposal and the proposed ecological restoration strategic fuel breaks, and fire use to modify fire (8) be subject to any other requirements that strategies; behavior, as measured by the projected reduc- the Secretary, in consultation with the Sec- (C) the strength of the collaborative process tion of uncharacteristically severe wildfire ef- retary of the Interior, determines to be necessary and the likelihood of successful collaboration fects for the forest type (such as adverse soil im- for the efficient and effective administration of throughout implementation; pacts, tree mortality or other impacts); and the program. (D) whether the proposal is likely to achieve (ii) maximizing the retention of large trees, as (c) NOMINATION PROCESS.— reductions in long-term wildfire management appropriate for the forest type, to the extent (1) SUBMISSION.—A proposal shall be sub- costs; that the trees promote fire-resilient stands; and mitted to— (E) whether the proposal would reduce the (F)(i) does not include the establishment of (A) the appropriate Regional Forester; and relative costs of carrying out ecological restora- permanent roads; and (B) if actions under the jurisdiction of the tion treatments as a result of the use of woody (ii) would commit funding to decommission all Secretary of the Interior are proposed, the ap- biomass and small-diameter trees; and temporary roads constructed to carry out the propriate— (F) whether an appropriate level of non-Fed- strategy; (i) State Director of the Bureau of Land Man- eral investment would be leveraged in carrying (2) be developed and implemented through a agement; out the proposal. collaborative process that— (ii) Regional Director of the Bureau of Indian (3) LIMITATION.—The Secretary may select not (A) includes multiple interested persons rep- Affairs; or more than— resenting diverse interests; and (iii) other official of the Department of the In- (A) 10 proposals to be funded during any fis- (B)(i) is transparent and nonexclusive; or terior. cal year; (ii) meets the requirements for a resource advi- (2) NOMINATION.— (B) 2 proposals in any 1 region of the National sory committee under subsections (c) through (f) (A) IN GENERAL.—A Regional Forester may Forest System to be funded during any fiscal of section 205 of Public Law 106–393 (16 U.S.C. nominate for selection by the Secretary any pro- year; and 500 note); posals that meet the eligibility criteria estab- (C) the number of proposals that the Secretary (3) describe plans to— lished by subsection (b). determines are likely to receive adequate fund- (A) reduce the risk of uncharacteristic wild- (B) CONCURRENCE.—Any proposal nominated ing. fire, including through the use of fire for eco- by the Regional Forester that proposes actions (e) ADVISORY PANEL.— logical restoration and maintenance and rees- under the jurisdiction of the Secretary of the In- (1) IN GENERAL.—The Secretary shall establish tablishing natural fire regimes, where appro- terior shall include the concurrence of the ap- and maintain an advisory panel comprised of priate; propriate— not more than 15 members to evaluate, and pro- (B) improve fish and wildlife habitat, includ- (i) State Director of the Bureau of Land Man- vide recommendations on, each proposal that ing for endangered, threatened, and sensitive agement; has been nominated under subsection (c)(2). species; (ii) Regional Director of the Bureau of Indian (2) REPRESENTATION.—The Secretary shall en- (C) maintain or improve water quality and Affairs; or sure that the membership of the advisory panel watershed function; (iii) other official of the Department of the In- is fairly balanced in terms of the points of view (D) prevent, remediate, or control invasions of terior. represented and the functions to be performed exotic species; (3) DOCUMENTATION.—With respect to each by the advisory panel. (E) maintain, decommission, and rehabilitate proposal that is nominated under paragraph (3) INCLUSION.—The advisory panel shall in- roads and trails; (2)— clude experts in ecological restoration, fire ecol- (F) use woody biomass and small-diameter (A) the appropriate Regional Forester shall— ogy, fire management, rural economic develop- trees produced from projects implementing the (i) include a plan to use Federal funds allo- ment, strategies for ecological adaptation to cli- strategy; cated to the region to fund those costs of plan- mate change, fish and wildlife ecology, and

VerDate Mar 15 2010 12:18 Aug 01, 2011 Jkt 079102 PO 00000 Frm 00059 Fmt 0688 Sfmt 6333 E:\BR09\H25MR9.002 H25MR9 erowe on DSK5CLS3C1PROD with BOUND RECORD 8642 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 7 March 25, 2009 woody biomass and small-diameter tree utiliza- (B) an evaluation of progress, including per- (II) millions of visitors from around the world; tion. formance measures and how prior year evalua- and (f) COLLABORATIVE FOREST LANDSCAPE RES- tions have contributed to improved project per- (ii) are national treasures; TORATION FUND.— formance; (C) each year, recreational activities on the (1) ESTABLISHMENT.—There is established in (C) a description of community benefits rivers and streams of the headwaters of the the Treasury of the United States a fund, to be achieved, including any local economic benefits; Snake River System generate millions of dollars known as the ‘‘Collaborative Forest Landscape (D) the results of the multiparty monitoring, for the economies of— Restoration Fund’’, to be used to pay up to 50 evaluation, and accountability process under (i) Teton County, Wyoming; and percent of the cost of carrying out and moni- paragraph (4); and (ii) Lincoln County, Wyoming; toring ecological restoration treatments on Na- (E) a summary of the costs of— (D) to ensure that future generations of citi- tional Forest System land for each proposal se- (i) treatments; and zens of the United States enjoy the benefits of lected to be carried out under subsection (d). (ii) relevant fire management activities. the rivers and streams of the headwaters of the (2) INCLUSION.—The cost of carrying out eco- (4) MULTIPARTY MONITORING.—The Secretary Snake River System, Congress should apply the logical restoration treatments as provided in shall, in collaboration with the Secretary of the protections provided by the Wild and Scenic paragraph (1) may, as the Secretary determines Interior and interested persons, use a multiparty Rivers Act (16 U.S.C. 1271 et seq.) to those rivers to be appropriate, include cancellation and ter- monitoring, evaluation, and accountability and streams; and mination costs required to be obligated for con- process to assess the positive or negative ecologi- (E) the designation of the rivers and streams tracts to carry out ecological restoration treat- cal, social, and economic effects of projects im- of the headwaters of the Snake River System ments on National Forest System land for each plementing a selected proposal for not less than under the Wild and Scenic Rivers Act (16 U.S.C. proposal selected to be carried out under sub- 15 years after project implementation com- 1271 et seq.) will signify to the citizens of the section (d). mences. United States the importance of maintaining the (3) CONTENTS.—The Fund shall consist of (h) REPORT.—Not later than 5 years after the outstanding and remarkable qualities of the such amounts as are appropriated to the Fund first fiscal year in which funding is made avail- Snake River System while— under paragraph (6). able to carry out ecological restoration projects (i) preserving public access to those rivers and (4) EXPENDITURES FROM FUND.— under the program, and every 5 years there- streams; (A) IN GENERAL.—On request by the Secretary, after, the Secretary, in consultation with the (ii) respecting private property rights (includ- the Secretary of the Treasury shall transfer Secretary of the Interior, shall submit a report ing existing water rights); and from the Fund to the Secretary such amounts as on the program, including an assessment of (iii) continuing to allow historic uses of the the Secretary determines are appropriate, in ac- whether, and to what extent, the program is ful- rivers and streams. cordance with paragraph (1). filling the purposes of this title, to— (2) PURPOSES.—The purposes of this section (B) LIMITATION.—The Secretary shall not ex- (1) the Committee on Energy and Natural Re- are— pend money from the Fund on any 1 proposal— sources of the Senate; (A) to protect for current and future genera- (i) during a period of more than 10 fiscal (2) the Committee on Appropriations of the tions of citizens of the United States the out- years; or standingly remarkable scenic, natural, wildlife, (ii) in excess of $4,000,000 in any 1 fiscal year. Senate; (3) the Committee on Natural Resources of the fishery, recreational, scientific, historic, and ec- (5) ACCOUNTING AND REPORTING SYSTEM.—The ological values of the rivers and streams of the Secretary shall establish an accounting and re- House of Representatives; and (4) the Committee on Appropriations of the headwaters of the Snake River System, while porting system for the Fund. continuing to deliver water and operate and (6) AUTHORIZATION OF APPROPRIATIONS.— House of Representatives. maintain valuable irrigation water infrastruc- There is authorized to be appropriated to the SEC. 4004. AUTHORIZATION OF APPROPRIATIONS. ture; and There are authorized to be appropriated to the Fund $40,000,000 for each of fiscal years 2009 (B) to designate approximately 387.7 miles of Secretary and the Secretary of the Interior such through 2019, to remain available until ex- the rivers and streams of the headwaters of the sums as are necessary to carry out this title. pended. Snake River System as additions to the National (g) PROGRAM IMPLEMENTATION AND MONI- TITLE V—RIVERS AND TRAILS Wild and Scenic Rivers System. TORING.— Subtitle A—Additions to the National Wild (c) DEFINITIONS.—In this section: (1) WORK PLAN.—Not later than 180 days after (1) SECRETARY CONCERNED.—The term ‘‘Sec- the date on which a proposal is selected to be and Scenic Rivers System retary concerned’’ means— carried out, the Secretary shall create, in col- SEC. 5001. FOSSIL CREEK, ARIZONA. (A) the Secretary of Agriculture (acting laboration with the interested persons, an imple- Section 3(a) of the Wild and Scenic Rivers Act through the Chief of the Forest Service), with mentation work plan and budget to implement (16 U.S.C. 1274(a)) (as amended by section 1852) respect to each river segment described in para- the proposal that includes— is amended by adding at the end the following: graph (205) of section 3(a) of the Wild and Sce- (A) a description of the manner in which the ‘‘(205) FOSSIL CREEK, ARIZONA.—Approxi- nic Rivers Act (16 U.S.C. 1274(a)) (as added by proposal would be implemented to achieve eco- mately 16.8 miles of Fossil Creek from the con- subsection (d)) that is not located in— logical and community economic benefit, includ- fluence of Sand Rock and Calf Pen Canyons to (i) Grand Teton National Park; ing capacity building to accomplish restoration; the confluence with the Verde River, to be ad- (ii) Yellowstone National Park; (B) a business plan that addresses— ministered by the Secretary of Agriculture in the (iii) the John D. Rockefeller, Jr. Memorial (i) the anticipated unit treatment cost reduc- following classes: Parkway; or tions over 10 years; ‘‘(A) The approximately 2.7-mile segment from (ii) the anticipated costs for infrastructure (iv) the National Elk Refuge; and the confluence of Sand Rock and Calf Pen Can- (B) the Secretary of the Interior, with respect needed for the proposal; yons to the point where the segment exits the (iii) the projected sustainability of the supply to each river segment described in paragraph Fossil Spring Wilderness, as a wild river. (205) of section 3(a) of the Wild and Scenic Riv- of woody biomass and small-diameter trees re- ‘‘(B) The approximately 7.5-mile segment from moved in ecological restoration treatments; and ers Act (16 U.S.C. 1274(a)) (as added by sub- where the segment exits the Fossil Creek Wilder- section (d)) that is located in— (iv) the projected local economic benefits of ness to the boundary of the Mazatzal Wilder- the proposal; (i) Grand Teton National Park; ness, as a recreational river. (ii) Yellowstone National Park; (C) documentation of the non-Federal invest- ‘‘(C) The 6.6-mile segment from the boundary ment in the priority landscape, including the (iii) the John D. Rockefeller, Jr. Memorial of the Mazatzal Wilderness downstream to the Parkway; or sources and uses of the investments; and confluence with the Verde River, as a wild (D) a plan to decommission any temporary (iv) the National Elk Refuge. river.’’. roads established to carry out the proposal. (2) STATE.—The term ‘‘State’’ means the State (2) PROJECT IMPLEMENTATION.—Amounts SEC. 5002. SNAKE RIVER HEADWATERS, WYOMING. of Wyoming. transferred to the Secretary from the Fund shall (a) SHORT TITLE.—This section may be cited (d) WILD AND SCENIC RIVER DESIGNATIONS, be used to carry out ecological restoration treat- as the ‘‘Craig Thomas Snake Headwaters Leg- SNAKE RIVER HEADWATERS, WYOMING.—Section ments that are— acy Act of 2008’’. 3(a) of the Wild and Scenic Rivers Act (16 U.S.C. (A) consistent with the proposal and strategy; (b) FINDINGS; PURPOSES.— 1274(a)) (as amended by section 5001) is amend- and (1) FINDINGS.—Congress finds that— ed by adding at the end the following: (B) identified through the collaborative proc- (A) the headwaters of the Snake River System ‘‘(206) SNAKE RIVER HEADWATERS, WYOMING.— ess described in subsection (b)(2). in northwest Wyoming feature some of the The following segments of the Snake River Sys- (3) ANNUAL REPORT.—The Secretary, in col- cleanest sources of freshwater, healthiest native tem, in the State of Wyoming: laboration with the Secretary of the Interior trout fisheries, and most intact rivers and ‘‘(A) BAILEY CREEK.—The 7-mile segment of and interested persons, shall prepare an annual streams in the lower 48 States; Bailey Creek, from the divide with the Little report on the accomplishments of each selected (B) the rivers and streams of the headwaters Greys River north to its confluence with the proposal that includes— of the Snake River System— Snake River, as a wild river. (A) a description of all acres (or other appro- (i) provide unparalleled fishing, hunting, ‘‘(B) BLACKROCK CREEK.—The 22-mile segment priate unit) treated and restored through boating, and other recreational activities for— from its source to the Bridger-Teton National projects implementing the strategy; (I) local residents; and Forest boundary, as a scenic river.

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‘‘(C) BUFFALO FORK OF THE SNAKE RIVER.— ‘‘(M) WOLF CREEK.—The 7-mile segment from ‘‘(207) TAUNTON RIVER, MASSACHUSETTS.—The The portions of the Buffalo Fork of the Snake its source to its confluence with the Snake main stem of the Taunton River from its head- River, consisting of— River, as a wild river.’’. waters at the confluence of the Town and ‘‘(i) the 55-mile segment consisting of the (e) MANAGEMENT.— Matfield Rivers in the Town of Bridgewater North Fork, the Soda Fork, and the South Fork, (1) IN GENERAL.—Each river segment described downstream 40 miles to the confluence with the upstream from Turpin Meadows, as a wild river; in paragraph (205) of section 3(a) of the Wild Quequechan River at the Route 195 Bridge in ‘‘(ii) the 14-mile segment from Turpin Mead- and Scenic Rivers Act (16 U.S.C. 1274(a)) (as the City of Fall River, to be administered by the ows to the upstream boundary of Grand Teton added by subsection (d)) shall be managed by Secretary of the Interior in cooperation with the National Park, as a scenic river; and the Secretary concerned. Taunton River Stewardship Council as follows: ‘‘(iii) the 7.7-mile segment from the upstream (2) MANAGEMENT PLAN.— ‘‘(A) The 18-mile segment from the confluence boundary of Grand Teton National Park to its (A) IN GENERAL.—In accordance with sub- of the Town and Matfield Rivers to Route 24 in confluence with the Snake River, as a scenic paragraph (A), not later than 3 years after the the Town of Raynham, as a scenic river. river. date of enactment of this Act, the Secretary con- ‘‘(B) The 5-mile segment from Route 24 to 0.5 ‘‘(D) CRYSTAL CREEK.—The portions of Crys- cerned shall develop a management plan for miles below Weir Bridge in the City of Taunton, tal Creek, consisting of— each river segment described in paragraph (205) as a recreational river. ‘‘(i) the 14-mile segment from its source to the of section 3(a) of the Wild and Scenic Rivers Act ‘‘(C) The 8-mile segment from 0.5 miles below Gros Ventre Wilderness boundary, as a wild (16 U.S.C. 1274(a)) (as added by subsection (d)) Weir Bridge to Muddy Cove in the Town of river; and that is located in an area under the jurisdiction Dighton, as a scenic river. ‘‘(ii) the 5-mile segment from the Gros Ventre of the Secretary concerned. ‘‘(D) The 9-mile segment from Muddy Cove to Wilderness boundary to its confluence with the (B) REQUIRED COMPONENT.—Each manage- the confluence with the Quequechan River at Gros Ventre River, as a scenic river. ment plan developed by the Secretary concerned the Route 195 Bridge in the City of Fall River, ‘‘(E) GRANITE CREEK.—The portions of Gran- under subparagraph (A) shall contain, with re- as a recreational river.’’. ite Creek, consisting of— spect to the river segment that is the subject of (b) MANAGEMENT OF TAUNTON RIVER, MASSA- ‘‘(i) the 12-mile segment from its source to the the plan, a section that contains an analysis CHUSETTS.— end of Granite Creek Road, as a wild river; and and description of the availability and compat- (1) TAUNTON RIVER STEWARDSHIP PLAN.— ‘‘(ii) the 9.5-mile segment from Granite Hot ibility of future development with the wild and (A) IN GENERAL.—Each river segment des- Springs to the point 1 mile upstream from its scenic character of the river segment (with par- ignated by section 3(a)(206) of the Wild and Sce- confluence with the Hoback River, as a scenic ticular emphasis on each river segment that con- nic Rivers Act (as added by subsection (a)) shall river. tains 1 or more parcels of private land). be managed in accordance with the Taunton ‘‘(F) GROS VENTRE RIVER.—The portions of the (3) QUANTIFICATION OF WATER RIGHTS RE- River Stewardship Plan, dated July 2005 (in- Gros Ventre River, consisting of— SERVED BY RIVER SEGMENTS.— cluding any amendment to the Taunton River ‘‘(i) the 16.5-mile segment from its source to (A) The Secretary concerned shall apply for Stewardship Plan that the Secretary of the Inte- Darwin Ranch, as a wild river; the quantification of the water rights reserved rior (referred to in this subsection as the ‘‘Sec- ‘‘(ii) the 39-mile segment from Darwin Ranch by each river segment designated by this section retary’’) determines to be consistent with this to the upstream boundary of Grand Teton Na- in accordance with the procedural requirements section). tional Park, excluding the section along Lower of the laws of the State of Wyoming. (B) EFFECT.—The Taunton River Stewardship Slide Lake, as a scenic river; and (B) For the purpose of the quantification of Plan described in subparagraph (A) shall be ‘‘(iii) the 3.3-mile segment flowing across the water rights under this subsection, with respect considered to satisfy each requirement relating southern boundary of Grand Teton National to each Wild and Scenic River segment des- to the comprehensive management plan required Park to the Highlands Drive Loop Bridge, as a ignated by this section— under section 3(d) of the Wild and Scenic Rivers scenic river. (i) the purposes for which the segments are Act (16 U.S.C. 1274(d)). ‘‘(G) HOBACK RIVER.—The 10-mile segment designated, as set forth in this section, are de- (2) COOPERATIVE AGREEMENTS.—To provide from the point 10 miles upstream from its con- clared to be beneficial uses; and for the long-term protection, preservation, and fluence with the Snake River to its confluence (ii) the priority date of such right shall be the enhancement of each river segment designated with the Snake River, as a recreational river. date of enactment of this Act. by section 3(a)(206) of the Wild and Scenic Riv- ‘‘(H) LEWIS RIVER.—The portions of the Lewis (4) STREAM GAUGES.—Consistent with the Wild River, consisting of— ers Act (as added by subsection (a)), pursuant to and Scenic Rivers Act (16 U.S.C. 1271 et seq.), ‘‘(i) the 5-mile segment from Shoshone Lake to sections 10(e) and 11(b)(1) of the Wild and Sce- the Secretary may carry out activities at United Lewis Lake, as a wild river; and nic Rivers Act (16 U.S.C. 1281(e) and 1282(b)(1)), States Geological Survey stream gauges that are ‘‘(ii) the 12-mile segment from the outlet of the Secretary may enter into cooperative agree- located on the Snake River (including tribu- Lewis Lake to its confluence with the Snake ments (which may include provisions for finan- taries of the Snake River), including flow meas- River, as a scenic river. cial and other assistance) with— urements and operation, maintenance, and re- ‘‘(I) PACIFIC CREEK.—The portions of Pacific (A) the Commonwealth of Massachusetts (in- Creek, consisting of— placement. cluding political subdivisions of the Common- ‘‘(i) the 22.5-mile segment from its source to (5) CONSENT OF PROPERTY OWNER.—No prop- wealth of Massachusetts); the Teton Wilderness boundary, as a wild river; erty or interest in property located within the (B) the Taunton River Stewardship Council; and boundaries of any river segment described in and ‘‘(ii) the 11-mile segment from the Wilderness paragraph (205) of section 3(a) of the Wild and (C) any appropriate nonprofit organization, boundary to its confluence with the Snake Scenic Rivers Act (16 U.S.C. 1274(a)) (as added as determined by the Secretary. River, as a scenic river. by subsection (d)) may be acquired by the Sec- (3) RELATION TO NATIONAL PARK SYSTEM.— ‘‘(J) SHOAL CREEK.—The 8-mile segment from retary without the consent of the owner of the Notwithstanding section 10(c) of the Wild and its source to the point 8 miles downstream from property or interest in property. Scenic Rivers Act (16 U.S.C. 1281(c)), each river its source, as a wild river. (6) EFFECT OF DESIGNATIONS.— segment designated by section 3(a)(206) of the ‘‘(K) SNAKE RIVER.—The portions of the Snake (A) IN GENERAL.—Nothing in this section af- Wild and Scenic Rivers Act (as added by sub- River, consisting of— fects valid existing rights, including— section (a)) shall not be— ‘‘(i) the 47-mile segment from its source to (i) all interstate water compacts in existence (A) administered as a unit of the National Jackson Lake, as a wild river; on the date of enactment of this Act (including Park System; or ‘‘(ii) the 24.8-mile segment from 1 mile down- full development of any apportionment made in (B) subject to the laws (including regulations) stream of Jackson Lake Dam to 1 mile down- accordance with the compacts); that govern the administration of the National stream of the Teton Park Road bridge at Moose, (ii) water rights in the States of Idaho and Park System. Wyoming, as a scenic river; and Wyoming; and (4) LAND MANAGEMENT.— ‘‘(iii) the 19-mile segment from the mouth of (iii) water rights held by the United States. (A) ZONING ORDINANCES.—The zoning ordi- the Hoback River to the point 1 mile upstream (B) JACKSON LAKE; JACKSON LAKE DAM.—Noth- nances adopted by the Towns of Bridgewater, from the Highway 89 bridge at Alpine Junction, ing in this section shall affect the management Halifax, Middleborough, Raynham, Berkley, as a recreational river, the boundary of the and operation of Jackson Lake or Jackson Lake Dighton, Freetown, and Somerset, and the Cit- western edge of the corridor for the portion of Dam, including the storage, management, and ies of Taunton and Fall River, Massachusetts the segment extending from the point 3.3 miles release of water. (including any provision of the zoning ordi- downstream of the mouth of the Hoback River to (f) AUTHORIZATION OF APPROPRIATIONS.— nances relating to the conservation of the point 4 miles downstream of the mouth of There are authorized to be appropriated such floodplains, wetlands, and watercourses associ- the Hoback River being the ordinary high water sums as are necessary to carry out this section. ated with any river segment designated by sec- mark. SEC. 5003. TAUNTON RIVER, MASSACHUSETTS. tion 3(a)(206) of the Wild and Scenic Rivers Act ‘‘(L) WILLOW CREEK.—The 16.2-mile segment (a) DESIGNATION.—Section 3(a) of the Wild (as added by subsection (a))), shall be consid- from the point 16.2 miles upstream from its con- and Scenic Rivers Act (16 U.S.C. 1274(a)) (as ered to satisfy each standard and requirement fluence with the Hoback River to its confluence amended by section 5002(d)) is amended by add- described in section 6(c) of the Wild and Scenic with the Hoback River, as a wild river. ing at the end the following: Rivers Act (16 U.S.C. 1277(c)).

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(B) VILLAGES.—For the purpose of section 6(c) tinuous trail extending approximately 220 miles (C) in 2001, a joint study team headed by the of the Wild and Scenic Rivers Act (16 U.S.C. from the border of New Hampshire in the town National Park Service that included about 70 1277(c)), each town described in subparagraph of Royalston, Massachusetts to Long Island members from public and private entities com- (A) shall be considered to be a village. Sound in the town of Guilford, Connecticut, as pleted a study endorsing the establishment of an (C) ACQUISITION OF LAND.— generally depicted on the map titled ‘New Eng- Ice Age Floods National Geologic Trail— (i) LIMITATION OF AUTHORITY OF SEC- land National Scenic Trail Proposed Route’, (i) to recognize the national significance of RETARY.—With respect to each river segment numbered T06/80,000, and dated October 2007. this phenomenon; and designated by section 3(a)(206) of the Wild and The map shall be on file and available for public (ii) to coordinate public and private sector en- Scenic Rivers Act (as added by subsection (a)), inspection in the appropriate offices of the Na- tities in the presentation of the story of the Ice the Secretary may only acquire parcels of tional Park Service. The Secretary of the Inte- Age floods. land— rior, in consultation with appropriate Federal, (2) PURPOSE.—The purpose of this section is to (I) by donation; or State, tribal, regional, and local agencies, and designate the Ice Age Floods National Geologic (II) with the consent of the owner of the par- other organizations, shall administer the trail Trail in the States of Montana, Idaho, Wash- cel of land. after considering the recommendations of the re- ington, and Oregon, enabling the public to view, (ii) PROHIBITION RELATING TO ACQUISITION OF port titled the ‘Metacomet Monadnock experience, and learn about the features and LAND BY CONDEMNATION.—In accordance with Mattabesset Trail System National Scenic Trail story of the Ice Age floods through the collabo- section 6(c) of the Wild and Scenic Rivers Act Feasibility Study and Environmental Assess- rative efforts of public and private entities. (16 U.S.C. 1277(c)), with respect to each river ment’, prepared by the National Park Service, (b) DEFINITIONS.—In this section: segment designated by section 3(a)(206) of the and dated Spring 2006. The United States shall (1) ICE AGE FLOODS; FLOODS.—The term ‘‘Ice Wild and Scenic Rivers Act (as added by sub- not acquire for the trail any land or interest in Age floods’’ or ‘‘floods’’ means the cataclysmic section (a)), the Secretary may not acquire any land without the consent of the owner.’’. floods that occurred in what is now the north- parcel of land by condemnation. (b) MANAGEMENT.—The Secretary of the Inte- western United States during the last Ice Age Subtitle B—Wild and Scenic Rivers Studies rior (referred to in this section as the ‘‘Sec- from massive, rapid and recurring drainage of retary’’) shall consider the actions outlined in Glacial Lake Missoula. SEC. 5101. MISSISQUOI AND TROUT RIVERS STUDY. the Trail Management Blueprint described in (2) PLAN.—The term ‘‘plan’’ means the cooper- the report titled the ‘‘Metacomet Monadnock ative management and interpretation plan au- (a) DESIGNATION FOR STUDY.—Section 5(a) of the Wild and Scenic Rivers Act (16 U.S.C. Mattabesett Trail System National Scenic Trail thorized under subsection (f)(5). 1276(a)) is amended by adding at the end the Feasibility Study and Environmental Assess- (3) SECRETARY.—The term ‘‘Secretary’’ means following: ment’’, prepared by the National Park Service, the Secretary of the Interior. and dated Spring 2006, as the framework for (4) TRAIL.—The term ‘‘Trail’’ means the Ice ‘‘(140) MISSISQUOI AND TROUT RIVERS, management and administration of the New Age Floods National Geologic Trail designated VERMONT.—The approximately 25-mile segment of the upper Missisquoi from its headwaters in England National Scenic Trail. Additional or by subsection (c). Lowell to the Canadian border in North Troy, more detailed plans for administration, manage- (c) DESIGNATION.—In order to provide for pub- the approximately 25-mile segment from the Ca- ment, protection, access, maintenance, or devel- lic appreciation, understanding, and enjoyment nadian border in East Richford to Enosburg opment of the trail may be developed consistent of the nationally significant natural and cul- Falls, and the approximately 20-mile segment of with the Trail Management Blueprint, and as tural features of the Ice Age floods and to pro- the Trout River from its headwaters to its con- approved by the Secretary. mote collaborative efforts for interpretation and OOPERATIVE AGREEMENTS.—The Sec- fluence with the Missisquoi River.’’. (c) C education among public and private entities lo- retary is authorized to enter into cooperative (b) STUDY AND REPORT.—Section 5(b) of the cated along the pathways of the floods, there is Wild and Scenic Rivers Act (16 U.S.C. 1276(b)) is agreements with the Commonwealth of Massa- designated the Ice Age Floods National Geologic amended by adding at the end the following: chusetts (and its political subdivisions), the Trail. State of Connecticut (and its political subdivi- ‘‘(19) MISSISQUOI AND TROUT RIVERS, (d) LOCATION.— sions), and other regional, local, and private or- VERMONT.—Not later than 3 years after the date (1) MAP.—The route of the Trail shall be as on which funds are made available to carry out ganizations deemed necessary and desirable to generally depicted on the map entitled ‘‘Ice Age this paragraph, the Secretary of the Interior accomplish cooperative trail administrative, Floods National Geologic Trail,’’ numbered P43/ shall— management, and protection objectives con- 80,000 and dated June 2004. ‘‘(A) complete the study of the Missisquoi and sistent with the Trail Management Blueprint. (2) ROUTE.—The route shall generally follow Trout Rivers, Vermont, described in subsection An agreement under this subsection may include public roads and highways. (a)(140); and provisions for limited financial assistance to en- (3) REVISION.—The Secretary may revise the ‘‘(B) submit a report describing the results of courage participation in the planning, acquisi- map by publication in the Federal Register of a that study to the appropriate committees of tion, protection, operation, development, or notice of availability of a new map as part of Congress.’’. maintenance of the trail. the plan. (d) ADDITIONAL TRAIL SEGMENTS.—Pursuant (c) AUTHORIZATION OF APPROPRIATIONS.— (e) MAP AVAILABILITY.—The map referred to There are authorized to be appropriated such to section 6 of the National Trails System Act in subsection (d)(1) shall be on file and avail- sums as are necessary to carry out this section. (16 U.S.C. 1245), the Secretary is encouraged to able for public inspection in the appropriate of- work with the State of New Hampshire and ap- fices of the National Park Service. Subtitle C—Additions to the National Trails propriate local and private organizations to in- (f) ADMINISTRATION.— System clude that portion of the Metacomet-Monadnock (1) IN GENERAL.—The Secretary, acting SEC. 5201. ARIZONA NATIONAL SCENIC TRAIL. Trail in New Hampshire (which lies between through the Director of the National Park Serv- Section 5(a) of the National Trails System Act Royalston, Massachusetts and Jaffrey, New ice, shall administer the Trail in accordance (16 U.S.C. 1244(a)) is amended by adding at the Hampshire) as a component of the New England with this section. end the following: National Scenic Trail. Inclusion of this segment, (2) LIMITATION.—Except as provided in para- ‘‘(27) ARIZONA NATIONAL SCENIC TRAIL.— as well as other potential side or connecting graph (6)(B), the Trail shall not be considered to ‘‘(A) IN GENERAL.—The Arizona National Sce- trails, is contingent upon written application to be a unit of the National Park System. nic Trail, extending approximately 807 miles the Secretary by appropriate State and local ju- (3) TRAIL MANAGEMENT OFFICE.—To improve across the State of Arizona from the U.S.–Mex- risdictions and a finding by the Secretary that management of the Trail and coordinate Trail ico international border to the Arizona–Utah trail management and administration is con- activities with other public agencies and private border, as generally depicted on the map enti- sistent with the Trail Management Blueprint. entities, the Secretary may establish and operate tled ‘Arizona National Scenic Trail’ and dated SEC. 5203. ICE AGE FLOODS NATIONAL GEOLOGIC a trail management office at a central location December 5, 2007, to be administered by the Sec- TRAIL. within the vicinity of the Trail. retary of Agriculture, in consultation with the (a) FINDINGS; PURPOSE.— (4) INTERPRETIVE FACILITIES.—The Secretary Secretary of the Interior and appropriate State, (1) FINDINGS.—Congress finds that— may plan, design, and construct interpretive fa- tribal, and local governmental agencies. (A) at the end of the last Ice Age, some 12,000 cilities for sites associated with the Trail if the ‘‘(B) AVAILABILITY OF MAP.—The map shall be to 17,000 years ago, a series of cataclysmic floods facilities are constructed in partnership with on file and available for public inspection in ap- occurred in what is now the northwest region of State, local, tribal, or non-profit entities and are propriate offices of the Forest Service.’’. the United States, leaving a lasting mark of dra- consistent with the plan. SEC. 5202. NEW ENGLAND NATIONAL SCENIC matic and distinguishing features on the land- (5) MANAGEMENT PLAN.— TRAIL. scape of parts of the States of Montana, Idaho, (A) IN GENERAL.—Not later than 3 years after (a) AUTHORIZATION AND ADMINISTRATION.— Washington and Oregon; funds are made available to carry out this sec- Section 5(a) of the National Trails System Act (B) geological features that have exceptional tion, the Secretary shall prepare a cooperative (16 U.S.C. 1244(a)) (as amended by section 5201) value and quality to illustrate and interpret this management and interpretation plan for the is amended by adding at the end the following: extraordinary natural phenomenon are present Trail. ‘‘(28) NEW ENGLAND NATIONAL SCENIC TRAIL.— on Federal, State, tribal, county, municipal, (B) CONSULTATION.—The Secretary shall pre- The New England National Scenic Trail, a con- and private land in the region; and pare the plan in consultation with—

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(i) State, local, and tribal governments; ‘‘(B) MAP.—The map referred to in subpara- (1) OREGON NATIONAL HISTORIC TRAIL.—Sec- (ii) the Ice Age Floods Institute; graph (A) shall be on file and available for pub- tion 5(a)(3) of the National Trails System Act (16 (iii) private property owners; and lic inspection in the appropriate offices of the U.S.C. 1244(a)(3)) is amended by adding at the (iv) other interested parties. National Park Service. end the following: ‘‘No land or interest in land (C) CONTENTS.—The plan shall— ‘‘(C) ADMINISTRATION.—The trail shall be ad- outside the exterior boundaries of any federally (i) confirm and, if appropriate, expand on the ministered by the Secretary of the Interior, in administered area may be acquired by the Fed- inventory of features of the floods contained in consultation with— eral Government for the trail except with the the National Park Service study entitled ‘‘Ice ‘‘(i) other Federal, State, tribal, regional, and consent of the owner of the land or interest in Age Floods, Study of Alternatives and Environ- local agencies; and land. The authority of the Federal Government mental Assessment’’ (February 2001) by— ‘‘(ii) the private sector. to acquire fee title under this paragraph shall be (I) locating features more accurately; ‘‘(D) LAND ACQUISITION.—The United States limited to an average of not more than 1⁄4 mile (II) improving the description of features; and shall not acquire for the trail any land or inter- on either side of the trail.’’. (III) reevaluating the features in terms of est in land outside the exterior boundary of any (2) MORMON PIONEER NATIONAL HISTORIC their interpretive potential; federally-managed area without the consent of TRAIL.—Section 5(a)(4) of the National Trails (ii) review and, if appropriate, modify the map the owner of the land or interest in land.’’. System Act (16 U.S.C. 1244(a)(4)) is amended by of the Trail referred to in subsection (d)(1); SEC. 5205. PACIFIC NORTHWEST NATIONAL SCE- adding at the end the following: ‘‘No land or in- (iii) describe strategies for the coordinated de- NIC TRAIL. terest in land outside the exterior boundaries of velopment of the Trail, including an interpretive Section 5(a) of the National Trails System Act any federally administered area may be ac- plan for facilities, waysides, roadside pullouts, (16 U.S.C. 1244(a)) (as amended by section 5204) quired by the Federal Government for the trail exhibits, media, and programs that present the is amended by adding at the end the following: except with the consent of the owner of the land story of the floods to the public effectively; and ‘‘(30) PACIFIC NORTHWEST NATIONAL SCENIC or interest in land. The authority of the Federal (iv) identify potential partnering opportuni- TRAIL.— Government to acquire fee title under this para- ‘‘(A) IN GENERAL.—The Pacific Northwest Na- ties in the development of interpretive facilities graph shall be limited to an average of not more tional Scenic Trail, a trail of approximately 1 and educational programs to educate the public than ⁄4 mile on either side of the trail.’’. 1,200 miles, extending from the Continental Di- about the story of the floods. (3) CONTINENTAL DIVIDE NATIONAL SCENIC vide in Glacier National Park, Montana, to the (6) COOPERATIVE MANAGEMENT.— TRAIL.—Section 5(a)(5) of the National Trails Pacific Ocean Coast in Olympic National Park, (A) IN GENERAL.—In order to facilitate the de- System Act (16 U.S.C. 1244(a)(5)) is amended by Washington, following the route depicted on the velopment of coordinated interpretation, edu- adding at the end the following: ‘‘No land or in- map entitled ‘Pacific Northwest National Scenic cation, resource stewardship, visitor facility de- terest in land outside the exterior boundaries of Trail: Proposed Trail’, numbered T12/80,000, and velopment and operation, and scientific research any federally administered area may be ac- dated February 2008 (referred to in this para- associated with the Trail and to promote more quired by the Federal Government for the trail graph as the ‘map’). efficient administration of the sites associated except with the consent of the owner of the land ‘‘(B) AVAILABILITY OF MAP.—The map shall be with the Trail, the Secretary may enter into co- or interest in land. The authority of the Federal on file and available for public inspection in the operative management agreements with appro- Government to acquire fee title under this para- appropriate offices of the Forest Service. graph shall be limited to an average of not more priate officials in the States of Montana, Idaho, ‘‘(C) ADMINISTRATION.—The Pacific Northwest than 1⁄4 mile on either side of the trail.’’. Washington, and Oregon in accordance with National Scenic Trail shall be administered by the authority provided for units of the National (4) LEWIS AND CLARK NATIONAL HISTORIC the Secretary of Agriculture. TRAIL.—Section 5(a)(6) of the National Trails Park System under section 3(l) of Public Law ‘‘(D) LAND ACQUISITION.—The United States 91–383 (16 U.S.C. 1a–2(l)). System Act (16 U.S.C. 1244(a)(6)) is amended by shall not acquire for the Pacific Northwest Na- adding at the end the following: ‘‘No land or in- (B) AUTHORITY.—For purposes of this para- tional Scenic Trail any land or interest in land terest in land outside the exterior boundaries of graph only, the Trail shall be considered a unit outside the exterior boundary of any federally- of the National Park System. any federally administered area may be ac- managed area without the consent of the owner quired by the Federal Government for the trail (7) COOPERATIVE AGREEMENTS.—The Secretary of the land or interest in land.’’. may enter into cooperative agreements with except with the consent of the owner of the land SEC. 5206. TRAIL OF TEARS NATIONAL HISTORIC or interest in land. The authority of the Federal public or private entities to carry out this sec- TRAIL. tion. Government to acquire fee title under this para- Section 5(a)(16) of the National Trails System graph shall be limited to an average of not more (8) EFFECT ON PRIVATE PROPERTY RIGHTS.— Act (16 U.S.C. 1244(a)(16)) is amended as fol- 1 Nothing in this section— than ⁄4 mile on either side of the trail.’’. lows: (5) IDITAROD NATIONAL HISTORIC TRAIL.—Sec- (A) requires any private property owner to (1) By amending subparagraph (C) to read as tion 5(a)(7) of the National Trails System Act (16 allow public access (including Federal, State, or follows: U.S.C. 1244(a)(7)) is amended by adding at the local government access) to private property; or ‘‘(C) In addition to the areas otherwise des- end the following: ‘‘No land or interest in land (B) modifies any provision of Federal, State, ignated under this paragraph, the following outside the exterior boundaries of any federally or local law with respect to public access to or routes and land components by which the Cher- administered area may be acquired by the Fed- use of private land. okee Nation was removed to Oklahoma are com- eral Government for the trail except with the (9) LIABILITY.—Designation of the Trail by ponents of the Trail of Tears National Historic consent of the owner of the land or interest in subsection (c) does not create any liability for, Trail, as generally described in the environ- land. The authority of the Federal Government or affect any liability under any law of, any mentally preferred alternative of the November to acquire fee title under this paragraph shall be private property owner with respect to any per- 2007 Feasibility Study Amendment and Environ- limited to an average of not more than 1⁄4 mile son injured on the private property. mental Assessment for Trail of Tears National on either side of the trail.’’. (g) AUTHORIZATION OF APPROPRIATIONS.— Historic Trail: (6) NORTH COUNTRY NATIONAL SCENIC TRAIL.— There are authorized to be appropriated such ‘‘(i) The Benge and Bell routes. Section 5(a)(8) of the National Trails System Act sums as are necessary to carry out this section, ‘‘(ii) The land components of the designated (16 U.S.C. 1244(a)(8)) is amended by adding at of which not more than $12,000,000 may be used water routes in Alabama, Arkansas, Oklahoma, the end the following: ‘‘No land or interest in for development of the Trail. and Tennessee. land outside the exterior boundaries of any fed- ‘‘(iii) The routes from the collection forts in SEC. 5204. WASHINGTON-ROCHAMBEAU REVOLU- erally administered area may be acquired by the Alabama, Georgia, North Carolina, and Ten- TIONARY ROUTE NATIONAL HIS- Federal Government for the trail except with the TORIC TRAIL. nessee to the emigration depots. consent of the owner of the land or interest in ‘‘(iv) The related campgrounds located along Section 5(a) of the National Trails System Act land.’’. the routes and land components described in (16 U.S.C. 1244(a)) (as amended by section (7) ICE AGE NATIONAL SCENIC TRAIL.—Section 5202(a)) is amended by adding at the end the clauses (i) through (iii).’’. 5(a)(10) of the National Trails System Act (16 (2) In subparagraph (D)— following: U.S.C. 1244(a)(10)) is amended by adding at the (A) by striking the first sentence; and ‘‘(29) WASHINGTON-ROCHAMBEAU REVOLU- end the following: ‘‘No land or interest in land TIONARY ROUTE NATIONAL HISTORIC TRAIL.— (B) by adding at the end the following: ‘‘No lands or interests in lands outside the exterior outside the exterior boundaries of any federally ‘‘(A) IN GENERAL.—The Washington-Rocham- administered area may be acquired by the Fed- beau Revolutionary Route National Historic boundaries of any federally administered area may be acquired by the Federal Government for eral Government for the trail except with the Trail, a corridor of approximately 600 miles fol- consent of the owner of the land or interest in lowing the route taken by the armies of General the Trail of Tears National Historic Trail except with the consent of the owner thereof.’’. land.’’. George Washington and Count Rochambeau be- (8) POTOMAC HERITAGE NATIONAL SCENIC tween Newport, Rhode Island, and Yorktown, Subtitle D—National Trail System TRAIL.—Section 5(a)(11) of the National Trails Virginia, in 1781 and 1782, as generally depicted Amendments System Act (16 U.S.C. 1244(a)(11)) is amended— on the map entitled ‘WASHINGTON-ROCHAM- SEC. 5301. NATIONAL TRAILS SYSTEM WILLING (A) by striking the fourth and fifth sentences; BEAU REVOLUTIONARY ROUTE NATIONAL SELLER AUTHORITY. and HISTORIC TRAIL’, numbered T01/80,001, and (a) AUTHORITY TO ACQUIRE LAND FROM WILL- (B) by adding at the end the following: ‘‘No dated June 2007. ING SELLERS FOR CERTAIN TRAILS.— land or interest in land outside the exterior

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boundaries of any federally administered area ‘‘(B) COVERED ROUTES.—The routes to be ‘‘(A) STUDY REQUIRED.—The Secretary of the may be acquired by the Federal Government for studied under subparagraph (A) shall include Interior shall undertake a study of the routes of the trail except with the consent of the owner of the following: the Mormon Pioneer Trail listed in subpara- the land or interest in land.’’. ‘‘(i) Whitman Mission route. graph (B) and generally depicted in the map en- (9) NEZ PERCE NATIONAL HISTORIC TRAIL.—Sec- ‘‘(ii) Upper Columbia River. titled ‘Western Emigrant Trails 1830/1870’ and tion 5(a)(14) of the National Trails System Act ‘‘(iii) Cowlitz River route. dated 1991/1993, and of such other routes of the (16 U.S.C. 1244(a)(14)) is amended— ‘‘(iv) Meek cutoff. Mormon Pioneer Trail that the Secretary con- (A) by striking the fourth and fifth sentences; ‘‘(v) Free Emigrant Road. siders appropriate, to determine the feasibility and ‘‘(vi) North Alternate Oregon Trail. and suitability of designation of 1 or more of the (B) by adding at the end the following: ‘‘No ‘‘(vii) Goodale’s cutoff. routes as components of the Mormon Pioneer land or interest in land outside the exterior ‘‘(viii) North Side alternate route. National Historic Trail. boundaries of any federally administered area ‘‘(ix) Cutoff to Barlow road. ‘‘(B) COVERED ROUTES.—The routes to be may be acquired by the Federal Government for ‘‘(x) Naches Pass Trail. studied under subparagraph (A) shall include the trail except with the consent of the owner of ‘‘(4) PONY EXPRESS NATIONAL HISTORIC the following: the land or interest in land. The authority of TRAIL.—The Secretary of the Interior shall un- ‘‘(i) 1846 Subsequent routes A and B (Lucas the Federal Government to acquire fee title dertake a study of the approximately 20-mile and Clarke Counties, Iowa). under this paragraph shall be limited to an av- southern alternative route of the Pony Express ‘‘(ii) 1856–57 Handcart route (Iowa City to erage of not more than 1⁄4 mile on either side of Trail from Wathena, Kansas, to Troy, Kansas, Council Bluffs). the trail.’’. and such other routes of the Pony Express Trail ‘‘(iii) Keokuk route (Iowa). (b) CONFORMING AMENDMENT.—Section 10 of that the Secretary considers appropriate, to de- ‘‘(iv) 1847 Alternative Elkhorn and Loup River the National Trails System Act (16 U.S.C. 1249) termine the feasibility and suitability of des- Crossings in Nebraska. is amended by striking subsection (c) and insert- ignation of 1 or more of the routes as compo- ‘‘(v) Fort Leavenworth Road; Ox Bow route ing the following: nents of the Pony Express National Historic and alternates in Kansas and Missouri (Oregon ‘‘(c) AUTHORIZATION OF APPROPRIATIONS.— Trail. and California Trail routes used by Mormon ‘‘(1) IN GENERAL.—Except as otherwise pro- ‘‘(5) CALIFORNIA NATIONAL HISTORIC TRAIL.— emigrants). vided in this Act, there are authorized to be ap- ‘‘(A) STUDY REQUIRED.—The Secretary of the ‘‘(vi) 1850 Golden Pass Road in Utah. propriated such sums as are necessary to imple- Interior shall undertake a study of the Missouri ‘‘(7) SHARED CALIFORNIA AND OREGON TRAIL ment the provisions of this Act relating to the Valley, central, and western routes of the Cali- ROUTES.— trails designated by section 5(a). fornia Trail listed in subparagraph (B) and gen- ‘‘(A) STUDY REQUIRED.—The Secretary of the ‘‘(2) NATCHEZ TRACE NATIONAL SCENIC erally depicted on the map entitled ‘Western Interior shall undertake a study of the shared TRAIL.— Emigrant Trails 1830/1870’ and dated 1991/1993, routes of the California Trail and Oregon Trail ‘‘(A) IN GENERAL.—With respect to the Natch- and of such other and shared Missouri Valley, listed in subparagraph (B) and generally de- ez Trace National Scenic Trail (referred to in central, and western routes that the Secretary picted on the map entitled ‘Western Emigrant this paragraph as the ‘trail’) designated by sec- considers appropriate, to determine the feasi- Trails 1830/1870’ and dated 1991/1993, and of tion 5(a)(12)— bility and suitability of designation of 1 or more such other shared routes that the Secretary con- ‘‘(i) not more than $500,000 shall be appro- of the routes as components of the California siders appropriate, to determine the feasibility priated for the acquisition of land or interests in National Historic Trail. and suitability of designation of 1 or more of the land for the trail; and ‘‘(B) COVERED ROUTES.—The routes to be routes as shared components of the California ‘‘(ii) not more than $2,000,000 shall be appro- studied under subparagraph (A) shall include National Historic Trail and the Oregon National priated for the development of the trail. the following: Historic Trail. ‘‘(B) PARTICIPATION BY VOLUNTEER TRAIL ‘‘(i) MISSOURI VALLEY ROUTES.— ‘‘(B) COVERED ROUTES.—The routes to be GROUPS.—The administering agency for the trail ‘‘(I) Blue Mills-Independence Road. studied under subparagraph (A) shall include shall encourage volunteer trail groups to par- ‘‘(II) Westport Landing Road. the following: ticipate in the development of the trail.’’. ‘‘(III) Westport-Lawrence Road. ‘‘(i) St. Joe Road. SEC. 5302. REVISION OF FEASIBILITY AND SUIT- ‘‘(IV) Fort Leavenworth-Blue River route. ‘‘(ii) Council Bluffs Road. ABILITY STUDIES OF EXISTING NA- ‘‘(V) Road to Amazonia. ‘‘(iii) Sublette cutoff. TIONAL HISTORIC TRAILS. ‘‘(VI) Union Ferry Route. ‘‘(iv) Applegate route. Section 5 of the National Trails System Act (16 ‘‘(VII) Old Wyoming-Nebraska City cutoff. ‘‘(v) Old Fort Kearny Road (Oxbow Trail). U.S.C. 1244) is amended by adding at the end ‘‘(VIII) Lower Plattsmouth Route. ‘‘(vi) Childs cutoff. the following: ‘‘(IX) Lower Bellevue Route. ‘‘(vii) Raft River to Applegate.’’. ‘‘(g) REVISION OF FEASIBILITY AND SUIT- ‘‘(X) Woodbury cutoff. ABILITY STUDIES OF EXISTING NATIONAL HIS- ‘‘(XI) Blue Ridge cutoff. SEC. 5303. CHISHOLM TRAIL AND GREAT WEST- ERN TRAILS STUDIES. TORIC TRAILS.— ‘‘(XII) Westport Road. ‘‘(1) DEFINITIONS.—In this subsection: ‘‘(XIII) Gum Springs-Fort Leavenworth route. Section 5(c) of the National Trails System Act ‘‘(A) ROUTE.—The term ‘route’ includes a trail ‘‘(XIV) Atchison/Independence Creek routes. (16 U.S.C. 1244(c)) is amended by adding at the segment commonly known as a cutoff. ‘‘(XV) Fort Leavenworth-Kansas River route. end the following: ‘‘(B) SHARED ROUTE.—The term ‘shared route’ ‘‘(XVI) Nebraska City cutoff routes. ‘‘(44) CHISHOLM TRAIL.— means a route that was a segment of more than ‘‘(XVII) Minersville-Nebraska City Road. ‘‘(A) IN GENERAL.—The Chisholm Trail (also 1 historic trail, including a route shared with an ‘‘(XVIII) Upper Plattsmouth route. known as the ‘Abilene Trail’), from the vicinity existing national historic trail. ‘‘(XIX) Upper Bellevue route. of San Antonio, Texas, segments from the vicin- ‘‘(2) REQUIREMENTS FOR REVISION.— ‘‘(ii) CENTRAL ROUTES.— ity of Cuero, Texas, to Ft. Worth, Texas, Dun- ‘‘(A) IN GENERAL.—The Secretary of the Inte- ‘‘(I) Cherokee Trail, including splits. can, Oklahoma, alternate segments used rior shall revise the feasibility and suitability ‘‘(II) Weber Canyon route of Hastings cutoff. through Oklahoma, to Enid, Oklahoma, studies for certain national trails for consider- ‘‘(III) Bishop Creek cutoff. Caldwell, Kansas, Wichita, Kansas, Abilene, ation of possible additions to the trails. ‘‘(IV) McAuley cutoff. Kansas, and commonly used segments running ‘‘(B) STUDY REQUIREMENTS AND OBJECTIVES.— ‘‘(V) Diamond Springs cutoff. to alternative Kansas destinations. The study requirements and objectives specified ‘‘(VI) Secret Pass. ‘‘(B) REQUIREMENT.—In conducting the study in subsection (b) shall apply to a study required ‘‘(VII) Greenhorn cutoff. required under this paragraph, the Secretary of by this subsection. ‘‘(VIII) Central Overland Trail. the Interior shall identify the point at which the ‘‘(C) COMPLETION AND SUBMISSION OF ‘‘(iii) WESTERN ROUTES.— trail originated south of San Antonio, Texas. STUDY.—A study listed in this subsection shall ‘‘(I) Bidwell-Bartleson route. ‘‘(45) GREAT WESTERN TRAIL.— be completed and submitted to Congress not ‘‘(II) Georgetown/Dagget Pass Trail. ‘‘(A) IN GENERAL.—The Great Western Trail later than 3 complete fiscal years from the date ‘‘(III) Big Trees Road. (also known as the ‘Dodge City Trail’), from the funds are made available for the study. ‘‘(IV) Grizzly Flat cutoff. vicinity of San Antonio, Texas, north-by-north- ‘‘(3) OREGON NATIONAL HISTORIC TRAIL.— ‘‘(V) Nevada City Road. west through the vicinities of Kerrville and ‘‘(A) STUDY REQUIRED.—The Secretary of the ‘‘(VI) Yreka Trail. Menard, Texas, north-by-northeast through the Interior shall undertake a study of the routes of ‘‘(VII) Henness Pass route. vicinities of Coleman and Albany, Texas, north the Oregon Trail listed in subparagraph (B) and ‘‘(VIII) Johnson cutoff. through the vicinity of Vernon, Texas, to generally depicted on the map entitled ‘Western ‘‘(IX) Luther Pass Trail. Doan’s Crossing, Texas, northward through or Emigrant Trails 1830/1870’ and dated 1991/1993, ‘‘(X) Volcano Road. near the vicinities of Altus, Lone Wolf, Canute, and of such other routes of the Oregon Trail ‘‘(XI) Sacramento-Coloma Wagon Road. Vici, and May, Oklahoma, north through Kan- that the Secretary considers appropriate, to de- ‘‘(XII) Burnett cutoff. sas to Dodge City, and north through Nebraska termine the feasibility and suitability of des- ‘‘(XIII) Placer County Road to Auburn. to Ogallala. ignation of 1 or more of the routes as compo- ‘‘(6) MORMON PIONEER NATIONAL HISTORIC ‘‘(B) REQUIREMENT.—In conducting the study nents of the Oregon National Historic Trail. TRAIL.— required under this paragraph, the Secretary of

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EFFECT. stream; (i) IN GENERAL.—A watershed group may (a) EFFECT ON ACCESS FOR RECREATIONAL AC- (D) reduces the potential for water conflicts; apply for and receive second-phase grants of TIVITIES.—Nothing in this title shall be con- or $1,000,000 each year for a period of not more strued as affecting access for recreational activi- (E) advances any other goals associated with than 4 years if— ties otherwise allowed by law or regulation, in- water quality or quantity that the Secretary de- (I) the watershed group has applied for and cluding hunting, fishing, or trapping. termines to be appropriate. received watershed grants under subparagraph (b) EFFECT ON STATE AUTHORITY.—Nothing in this title shall be construed as affecting the au- SEC. 6002. PROGRAM. (A); or thority, jurisdiction, or responsibility of the sev- (a) ESTABLISHMENT.—Not later than 180 days (II) the Secretary determines that the water- eral States to manage, control, or regulate fish after the date of enactment of this Act, the Sec- shed group has satisfied the requirements of and resident wildlife under State law or regula- retary shall establish a program, to be known as first-phase grants. ANDATORY USE OF FUNDS.—A grant re- tions, including the regulation of hunting, fish- the ‘‘Cooperative Watershed Management Pro- (ii) M cipient that receives a second-phase grant shall ing, and trapping. gram’’, under which the Secretary shall provide grants— use the funds to plan and carry out watershed TITLE VI—DEPARTMENT OF THE (1)(A) to form a watershed group; or management projects. INTERIOR AUTHORIZATIONS (B) to enlarge a watershed group; and (iii) ANNUAL DETERMINATION OF ELIGIBILITY.— Subtitle A—Cooperative Watershed (2) to conduct 1 or more projects in accordance (I) DETERMINATION.—For each year of the sec- Management Program with the goals of a watershed group. ond-phase grant, not later than 270 days after SEC. 6001. DEFINITIONS. (b) APPLICATION.— the date on which a grant recipient first receives In this subtitle: (1) ESTABLISHMENT OF APPLICATION PROCESS; grant funds for the year, the Secretary shall de- (1) AFFECTED STAKEHOLDER.—The term ‘‘af- CRITERIA.—Not later than 1 year after the date termine whether the grant recipient has made fected stakeholder’’ means an entity that sig- of enactment of this Act, the Secretary shall es- sufficient progress during the year to justify ad- nificantly affects, or is significantly affected by, tablish— ditional funding. the quality or quantity of water in a watershed, (A) an application process for the program; (II) EFFECT OF DETERMINATION.—If the Sec- as determined by the Secretary. and retary determines under subclause (I) that the (2) GRANT RECIPIENT.—The term ‘‘grant recipi- (B) in consultation with the States, progress of a grant recipient during the year ent’’ means a watershed group that the Sec- prioritization and eligibility criteria for consid- justifies additional funding, the Secretary shall retary has selected to receive a grant under sec- ering applications submitted in accordance with provide to the grant recipient grant funds for tion 6002(c)(2). the application process. the following year. (3) PROGRAM.—The term ‘‘program’’ means (c) DISTRIBUTION OF GRANT FUNDS.— (iv) ADVANCEMENT CONDITION.—A grant re- the Cooperative Watershed Management Pro- (1) IN GENERAL.—In distributing grant funds cipient shall not be eligible to receive a third- gram established by the Secretary under section under this section, the Secretary— phase grant under subparagraph (C) until the 6002(a). (A) shall comply with paragraph (2); and date on which the Secretary determines that the (4) SECRETARY.—The term ‘‘Secretary’’ means (B) may give priority to watershed groups grant recipient has— the Secretary of the Interior. that— (I) completed each requirement of the second- (5) WATERSHED GROUP.—The term ‘‘watershed (i) represent maximum diversity of interests; or phase grant; and group’’ means a self-sustaining, cooperative wa- (ii) serve subbasin-sized watersheds with an 8- (II) demonstrated that 1 or more pilot projects tershed-wide group that— digit hydrologic unit code, as defined by the of the grant recipient have resulted in demon- (A) is comprised of representatives of the af- United States Geological Survey. strable improvements, as determined by the Sec- fected stakeholders of the relevant watershed; (2) FUNDING PROCEDURE.— retary, in the functioning condition of at least (B) incorporates the perspectives of a diverse (A) FIRST PHASE.— 1 river or stream in the watershed. array of stakeholders, including, to the max- (i) IN GENERAL.—The Secretary may provide to (C) THIRD PHASE.— imum extent practicable— a grant recipient a first-phase grant in an (i) FUNDING LIMITATION.— (i) representatives of— amount not greater than $100,000 each year for (I) IN GENERAL.—Except as provided in sub- (I) hydroelectric production; a period of not more than 3 years. clause (II), the Secretary may provide to a grant (II) livestock grazing; (ii) MANDATORY USE OF FUNDS.—A grant re- recipient a third-phase grant in an amount not (III) timber production; cipient that receives a first-phase grant shall greater than $5,000,000 for a period of not more (IV) land development; use the funds— than 5 years. (V) recreation or tourism; (I) to establish or enlarge a watershed group; (II) EXCEPTION.—The Secretary may provide (VI) irrigated agricultural production; (II) to develop a mission statement for the wa- to a grant recipient a third-phase grant in an (VII) the environment; tershed group; amount that is greater than the amount de- (VIII) potable water purveyors and industrial (III) to develop project concepts; and scribed in subclause (I) if the Secretary deter- water users; and (IV) to develop a restoration plan. mines that the grant recipient is capable of (IX) private property owners within the wa- (iii) ANNUAL DETERMINATION OF ELIGIBILITY.— using the additional amount to further the pur- tershed; (I) DETERMINATION.—For each year of a first- poses of the program in a way that could not (ii) any Federal agency that has authority phase grant, not later than 270 days after the otherwise be achieved by the grant recipient with respect to the watershed; date on which a grant recipient first receives using the amount described in subclause (I). (iii) any State agency that has authority with grant funds for the year, the Secretary shall de- (ii) MANDATORY USE OF FUNDS.—A grant re- respect to the watershed; (iv) any local agency that has authority with termine whether the grant recipient has made cipient that receives a third-phase grant shall respect to the watershed; and sufficient progress during the year to justify ad- use the funds to plan and carry out at least 1 (v) any Indian tribe that— ditional funding. watershed management project. (I) owns land within the watershed; or (II) EFFECT OF DETERMINATION.—If the Sec- (3) AUTHORIZING USE OF FUNDS FOR ADMINIS- (II) has land in the watershed that is held in retary determines under subclause (I) that the TRATIVE AND OTHER COSTS.—A grant recipient trust; progress of a grant recipient during the year that receives a grant under this section may use (C) is a grassroots, nonregulatory entity that covered by the determination justifies additional the funds— addresses water availability and quality issues funding, the Secretary shall provide to the grant (A) to pay for— within the relevant watershed; recipient grant funds for the following year. (i) administrative and coordination costs, if (D) is capable of promoting the sustainable (iv) ADVANCEMENT CONDITIONS.—A grant re- the costs are not greater than the lesser of— use of the water resources of the relevant water- cipient shall not be eligible to receive a second- (I) 20 percent of the total amount of the grant; shed and improving the functioning condition of phase grant under subparagraph (B) until the or rivers and streams through— date on which the Secretary determines that the (II) $100,000; (i) water conservation; watershed group— (ii) the salary of not more than 1 full-time em- (ii) improved water quality; (I) has approved articles of incorporation and ployee of the watershed group; and (iii) ecological resiliency; and bylaws governing the organization; and (iii) any legal fees arising from the establish- (iv) the reduction of water conflicts; and (II)(aa) holds regular meetings; ment of the relevant watershed group; and (E) makes decisions on a consensus basis, as (bb) has completed a mission statement; and (B) to fund— defined in the bylaws of the watershed group. (cc) has developed a restoration plan and (i) water quality and quantity studies of the (6) WATERSHED MANAGEMENT PROJECT.—The project concepts for the watershed. relevant watershed; and term ‘‘watershed management project’’ means (v) EXCEPTION.—A watershed group that has (ii) the planning, design, and implementation any project (including a demonstration project) not applied for or received first-phase grants of any projects relating to water quality or that— may apply for and receive second-phase grants quantity.

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(d) COST SHARE.— ner as any other employee hired as part of the (i) a summary of claims and expenditures (1) PLANNING.—The Federal share of the cost competitive service. under the program during the year; and of an activity provided assistance through a ‘‘(2) REDESIGNATION OF CERTAIN POSITIONS.— (ii) a description of any action taken on the first-phase grant shall be 100 percent. ‘‘(A) PERSONS SERVING IN ORIGINAL POSI- claims; and (2) PROJECTS CARRIED OUT UNDER SECOND TIONS.—Not later than 60 days after the date of (B) such other reports as the Secretary may PHASE.— enactment of this subsection, with respect to require to assist the Secretary in determining (A) IN GENERAL.—The Federal share of the any person hired into a permanent position pur- the effectiveness of activities provided assistance cost of any activity of a watershed management suant to the program established under sub- under this section; and project provided assistance through a second- section (a) who is serving in that position as of (5) promulgate rules for reimbursing livestock phase grant shall not exceed 50 percent of the the date of enactment of this subsection, the producers under the program. total cost of the activity. Secretary shall redesignate that position and (d) ALLOCATION OF FUNDING.—The Secretaries (B) FORM OF NON-FEDERAL SHARE.—The non- the person serving in that position as having shall allocate funding made available to carry Federal share under subparagraph (A) may be been part of the competitive service as of the out this subtitle— in the form of in-kind contributions. date that the person was hired into that posi- (1) equally between the uses identified in (3) PROJECTS CARRIED OUT UNDER THIRD tion. paragraphs (1) and (2) of subsection (a); and PHASE.— ‘‘(B) PERSONS NO LONGER SERVING IN ORIGINAL (2) among States and Indian tribes based on— (A) IN GENERAL.—The Federal share of the POSITIONS.—With respect to any person who was (A) the level of livestock predation in the costs of any activity of a watershed group of a hired pursuant to the program established under State or on the land owned by, or held in trust grant recipient relating to a watershed manage- subsection (a) that is no longer serving in that for the benefit of, the Indian tribe; ment project provided assistance through a position as of the date of enactment of this sub- (B) whether the State or Indian tribe is lo- third-phase grant shall not exceed 50 percent of section— cated in a geographical area that is at high risk the total costs of the watershed management ‘‘(i) the person may provide to the Secretary a for livestock predation; or project. request for redesignation of the service as part (C) any other factors that the Secretaries de- (B) FORM OF NON-FEDERAL SHARE.—The non- of the competitive service that includes evidence termine are appropriate. Federal share under subparagraph (A) may be of the employment; and (e) ELIGIBLE LAND.—Activities and losses de- in the form of in-kind contributions. ‘‘(ii) not later than 90 days of the submission scribed in subsection (a) may occur on Federal, (e) ANNUAL REPORTS.— of a request under clause (i), the Secretary shall State, or private land, or land owned by, or held (1) IN GENERAL.—Not later than 1 year after redesignate the service of the person as being in trust for the benefit of, an Indian tribe. the date on which a grant recipient first receives part of the competitive service.’’. (f) FEDERAL COST SHARE.—The Federal share of the cost of any activity provided assistance funds under this section, and annually there- Subtitle C—Wolf Livestock Loss made available under this subtitle shall not ex- after, in accordance with paragraph (2), the wa- Demonstration Project tershed group shall submit to the Secretary a re- ceed 50 percent of the total cost of the activity. SEC. 6201. DEFINITIONS. port that describes the progress of the watershed SEC. 6203. AUTHORIZATION OF APPROPRIATIONS. group. In this subtitle: There is authorized to be appropriated to (1) INDIAN TRIBE.—The term ‘‘Indian tribe’’ (2) REQUIRED DEGREE OF DETAIL.—The con- carry out this subtitle $1,000,000 for fiscal year has the meaning given the term in section 4 of tents of an annual report required under para- 2009 and each fiscal year thereafter. the Indian Self-Determination and Education graph (1) shall contain sufficient information to Subtitle D—Paleontological Resources enable the Secretary to complete each report re- Assistance Act (25 U.S.C. 450b). (2) LIVESTOCK.—The term ‘‘livestock’’ means Preservation quired under subsection (f), as determined by cattle, swine, horses, mules, sheep, goats, live- SEC. 6301. DEFINITIONS. the Secretary. stock guard animals, and other domestic ani- In this subtitle: (f) REPORT.—Not later than 5 years after the (1) CASUAL COLLECTING.—The term ‘‘casual date of enactment of this Act, and every 5 years mals, as determined by the Secretary. (3) PROGRAM.—The term ‘‘program’’ means collecting’’ means the collecting of a reasonable thereafter, the Secretary shall submit to the the demonstration program established under amount of common invertebrate and plant pale- Committee on Energy and Natural Resources of section 6202(a). ontological resources for non-commercial per- the Senate and the Committee on Natural Re- (4) SECRETARIES.—The term ‘‘Secretaries’’ sonal use, either by surface collection or the use sources of the House of Representatives a report means the Secretary of the Interior and the Sec- of non-powered hand tools resulting in only that describes— retary of Agriculture, acting jointly. negligible disturbance to the Earth’s surface (1) the ways in which the program assists the and other resources. As used in this paragraph, Secretary— SEC. 6202. WOLF COMPENSATION AND PREVEN- the terms ‘‘reasonable amount’’, ‘‘common in- (A) in addressing water conflicts; TION PROGRAM. (B) in conserving water; (a) IN GENERAL.—The Secretaries shall estab- vertebrate and plant paleontological resources’’ (C) in improving water quality; and lish a 5-year demonstration program to provide and ‘‘negligible disturbance’’ shall be deter- (D) in improving the ecological resiliency of a grants to States and Indian tribes— mined by the Secretary. river or stream; and (1) to assist livestock producers in under- (2) FEDERAL LAND.—The term ‘‘Federal land’’ (2) benefits that the program provides, includ- taking proactive, non-lethal activities to reduce means— ing, to the maximum extent practicable, a quan- the risk of livestock loss due to predation by (A) land controlled or administered by the titative analysis of economic, social, and envi- wolves; and Secretary of the Interior, except Indian land; or (B) National Forest System land controlled or ronmental benefits. (2) to compensate livestock producers for live- administered by the Secretary of Agriculture. (g) AUTHORIZATION OF APPROPRIATIONS.— stock losses due to such predation. (3) INDIAN LAND.—The term ‘‘Indian Land’’ There are authorized to be appropriated to carry (b) CRITERIA AND REQUIREMENTS.—The Secre- means land of Indian tribes, or Indian individ- out this section— taries shall— (1) $2,000,000 for each of fiscal years 2008 and (1) establish criteria and requirements to im- uals, which are either held in trust by the 2009; plement the program; and United States or subject to a restriction against (2) $5,000,000 for fiscal year 2010; (2) when promulgating regulations to imple- alienation imposed by the United States. (3) $10,000,000 for fiscal year 2011; and ment the program under paragraph (1), consult (4) PALEONTOLOGICAL RESOURCE.—The term (4) $20,000,000 for each of fiscal years 2012 with States that have implemented State pro- ‘‘paleontological resource’’ means any fossilized through 2020. grams that provide assistance to— remains, traces, or imprints of organisms, pre- (A) livestock producers to undertake proactive served in or on the earth’s crust, that are of pa- SEC. 6003. EFFECT OF SUBTITLE. activities to reduce the risk of livestock loss due leontological interest and that provide informa- Nothing in this subtitle affects the applica- to predation by wolves; or tion about the history of life on earth, except bility of any Federal, State, or local law with (B) provide compensation to livestock pro- that the term does not include— respect to any watershed group. ducers for livestock losses due to such predation. (A) any materials associated with an archae- Subtitle B—Competitive Status for Federal (c) ELIGIBILITY.—To be eligible to receive a ological resource (as defined in section 3(1) of Employees in Alaska grant under subsection (a), a State or Indian the Archaeological Resources Protection Act of SEC. 6101. COMPETITIVE STATUS FOR CERTAIN tribe shall— 1979 (16 U.S.C. 470bb(1)); or FEDERAL EMPLOYEES IN THE STATE (1) designate an appropriate agency of the (B) any cultural item (as defined in section 2 OF ALASKA. State or Indian tribe to administer the 1 or more of the Native American Graves Protection and Section 1308 of the Alaska National Interest programs funded by the grant; Repatriation Act (25 U.S.C. 3001)). Lands Conservation Act (16 U.S.C. 3198) is (2) establish 1 or more accounts to receive (5) SECRETARY.—The term ‘‘Secretary’’ means amended by adding at the end the following: grant funds; the Secretary of the Interior with respect to land ‘‘(e) COMPETITIVE STATUS.— (3) maintain files of all claims received under controlled or administered by the Secretary of ‘‘(1) IN GENERAL.—Nothing in subsection (a) programs funded by the grant, including sup- the Interior or the Secretary of Agriculture with provides that any person hired pursuant to the porting documentation; respect to National Forest System land con- program established under that subsection is not (4) submit to the Secretary— trolled or administered by the Secretary of Agri- eligible for competitive status in the same man- (A) annual reports that include— culture.

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(6) STATE.—The term ‘‘State’’ means the 50 (2) The permit shall be revoked if any person (B) The cost of response, restoration, and re- States, the District of Columbia, the Common- working under the authority of the permit is pair of the resource and the paleontological site wealth of Puerto Rico, and any other territory convicted under section 6306 or is assessed a involved. or possession of the United States. civil penalty under section 6307. (C) Any other factors considered relevant by SEC. 6302. MANAGEMENT. (e) AREA CLOSURES.—In order to protect pale- the Secretary assessing the penalty. (a) IN GENERAL.—The Secretary shall manage ontological or other resources or to provide for (3) MULTIPLE OFFENSES.—In the case of a sec- and protect paleontological resources on Federal public safety, the Secretary may restrict access ond or subsequent violation by the same person, land using scientific principles and expertise. to or close areas under the Secretary’s jurisdic- the amount of a penalty assessed under para- The Secretary shall develop appropriate plans tion to the collection of paleontological re- graph (2) may be doubled. for inventory, monitoring, and the scientific and sources. (4) LIMITATION.—The amount of any penalty educational use of paleontological resources, in SEC. 6305. CURATION OF RESOURCES. assessed under this subsection for any 1 viola- accordance with applicable agency laws, regula- Any paleontological resource, and any data tion shall not exceed an amount equal to double tions, and policies. These plans shall emphasize and records associated with the resource, col- the cost of response, restoration, and repair of interagency coordination and collaborative ef- lected under a permit, shall be deposited in an resources and paleontological site damage plus forts where possible with non-Federal partners, approved repository. The Secretary may enter double the scientific or fair market value of re- the scientific community, and the general pub- into agreements with non-Federal repositories sources destroyed or not recovered. (b) PETITION FOR JUDICIAL REVIEW; COLLEC- lic. regarding the curation of these resources, data, TION OF UNPAID ASSESSMENTS.— (b) COORDINATION.—To the extent possible, and records. (1) JUDICIAL REVIEW.—Any person against the Secretary of the Interior and the Secretary SEC. 6306. PROHIBITED ACTS; CRIMINAL PEN- whom an order is issued assessing a penalty of Agriculture shall coordinate in the implemen- ALTIES. under subsection (a) may file a petition for judi- tation of this subtitle. (a) IN GENERAL.—A person may not— (1) excavate, remove, damage, or otherwise cial review of the order in the United States Dis- SEC. 6303. PUBLIC AWARENESS AND EDUCATION alter or deface or attempt to excavate, remove, trict Court for the District of Columbia or in the PROGRAM. damage, or otherwise alter or deface any pale- district in which the violation is alleged to have The Secretary shall establish a program to in- ontological resources located on Federal land occurred within the 30-day period beginning on crease public awareness about the significance unless such activity is conducted in accordance the date the order making the assessment was of paleontological resources. with this subtitle; issued. Upon notice of such filing, the Secretary SEC. 6304. COLLECTION OF PALEONTOLOGICAL (2) exchange, transport, export, receive, or shall promptly file such a certified copy of the RESOURCES. offer to exchange, transport, export, or receive record on which the order was issued. The court (a) PERMIT REQUIREMENT.— any paleontological resource if the person knew shall hear the action on the record made before (1) IN GENERAL.—Except as provided in this or should have known such resource to have the Secretary and shall sustain the action if it subtitle, a paleontological resource may not be been excavated or removed from Federal land in is supported by substantial evidence on the collected from Federal land without a permit violation of any provisions, rule, regulation, record considered as a whole. issued under this subtitle by the Secretary. law, ordinance, or permit in effect under Fed- (2) FAILURE TO PAY.—If any person fails to (2) CASUAL COLLECTING EXCEPTION.—The Sec- eral law, including this subtitle; or pay a penalty under this section within 30 retary shall allow casual collecting without a (3) sell or purchase or offer to sell or purchase days— permit on Federal land controlled or adminis- any paleontological resource if the person knew (A) after the order making assessment has be- tered by the Bureau of Land Management, the or should have known such resource to have come final and the person has not filed a peti- Bureau of Reclamation, and the Forest Service, been excavated, removed, sold, purchased, ex- tion for judicial review of the order in accord- where such collection is consistent with the laws changed, transported, or received from Federal ance with paragraph (1); or governing the management of those Federal land. (B) after a court in an action brought in para- land and this subtitle. (b) FALSE LABELING OFFENSES.—A person may graph (1) has entered a final judgment uphold- (3) PREVIOUS PERMIT EXCEPTION.—Nothing in not make or submit any false record, account, or ing the assessment of the penalty, the Secretary this section shall affect a valid permit issued label for, or any false identification of, any pa- may request the Attorney General to institute a prior to the date of enactment of this Act. leontological resource excavated or removed civil action in a district court of the United (b) CRITERIA FOR ISSUANCE OF A PERMIT.—The from Federal land. States for any district in which the person if Secretary may issue a permit for the collection (c) PENALTIES.—A person who knowingly vio- found, resides, or transacts business, to collect of a paleontological resource pursuant to an ap- lates or counsels, procures, solicits, or employs the penalty (plus interest at currently prevailing plication if the Secretary determines that— another person to violate subsection (a) or (b) rates from the date of the final order or the date (1) the applicant is qualified to carry out the shall, upon conviction, be fined in accordance of the final judgment, as the case may be). The permitted activity; with title 18, United States Code, or imprisoned district court shall have jurisdiction to hear and (2) the permitted activity is undertaken for the not more than 5 years, or both; but if the sum decide any such action. In such action, the va- purpose of furthering paleontological knowledge of the commercial and paleontological value of lidity, amount, and appropriateness of such or for public education; the paleontological resources involved and the penalty shall not be subject to review. Any per- (3) the permitted activity is consistent with cost of restoration and repair of such resources son who fails to pay on a timely basis the any management plan applicable to the Federal does not exceed $500, such person shall be fined amount of an assessment of a civil penalty as land concerned; and in accordance with title 18, United States Code, described in the first sentence of this paragraph (4) the proposed methods of collecting will not or imprisoned not more than 2 years, or both. shall be required to pay, in addition to such threaten significant natural or cultural re- (d) MULTIPLE OFFENSES.—In the case of a sec- amount and interest, attorneys fees and costs sources. ond or subsequent violation by the same person, for collection proceedings. (c) PERMIT SPECIFICATIONS.—A permit for the the amount of the penalty assessed under sub- (c) HEARINGS.—Hearings held during pro- collection of a paleontological resource issued section (c) may be doubled. ceedings instituted under subsection (a) shall be under this section shall contain such terms and (e) GENERAL EXCEPTION.—Nothing in sub- conducted in accordance with section 554 of title conditions as the Secretary deems necessary to section (a) shall apply to any person with re- 5, United States Code. carry out the purposes of this subtitle. Every spect to any paleontological resource which was (d) USE OF RECOVERED AMOUNTS.—Penalties permit shall include requirements that— in the lawful possession of such person prior to collected under this section shall be available to (1) the paleontological resource that is col- the date of enactment of this Act. the Secretary and without further appropriation lected from Federal land under the permit will SEC. 6307. CIVIL PENALTIES. may be used only as follows: remain the property of the United States; (a) IN GENERAL.— (1) To protect, restore, or repair the paleon- (2) the paleontological resource and copies of (1) HEARING.—A person who violates any pro- tological resources and sites which were the sub- associated records will be preserved for the pub- hibition contained in an applicable regulation ject of the action, and to protect, monitor, and lic in an approved repository, to be made avail- or permit issued under this subtitle may be as- study the resources and sites. able for scientific research and public edu- sessed a penalty by the Secretary after the per- (2) To provide educational materials to the cation; and son is given notice and opportunity for a hear- public about paleontological resources and sites. (3) specific locality data will not be released ing with respect to the violation. Each violation (3) To provide for the payment of rewards as by the permittee or repository without the writ- shall be considered a separate offense for pur- provided in section 6308. ten permission of the Secretary. poses of this section. SEC. 6308. REWARDS AND FORFEITURE. (d) MODIFICATION, SUSPENSION, AND REVOCA- (2) AMOUNT OF PENALTY.—The amount of (a) REWARDS.—The Secretary may pay from TION OF PERMITS.— such penalty assessed under paragraph (1) shall penalties collected under section 6306 or 6307 or (1) The Secretary may modify, suspend, or re- be determined under regulations promulgated from appropriated funds— voke a permit issued under this section— pursuant to this subtitle, taking into account (1) consistent with amounts established in reg- (A) for resource, safety, or other management the following factors: ulations by the Secretary; or considerations; or (A) The scientific or fair market value, which- (2) if no such regulation exists, an amount up (B) when there is a violation of term or condi- ever is greater, of the paleontological resource to 1⁄2 of the penalties, to any person who fur- tion of a permit issued pursuant to this section. involved, as determined by the Secretary. nishes information which leads to the finding of

VerDate Mar 15 2010 12:18 Aug 01, 2011 Jkt 079102 PO 00000 Frm 00067 Fmt 0688 Sfmt 6333 E:\BR09\H25MR9.002 H25MR9 erowe on DSK5CLS3C1PROD with BOUND RECORD 8650 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 7 March 25, 2009 a civil violation, or the conviction of criminal SEC. 6312. AUTHORIZATION OF APPROPRIATIONS. (ii) an evaluation of a specific road corridor violation, with respect to which the penalty was There are authorized to be appropriated such through the Refuge that is identified in con- paid. If several persons provided the informa- sums as may be necessary to carry out this sub- sultation with the State, the City of King Cove, tion, the amount shall be divided among the title. Alaska, and the Tribe. persons. No officer or employee of the United Subtitle E—Izembek National Wildlife Refuge (3) COOPERATING AGENCIES.— States or of any State or local government who Land Exchange (A) IN GENERAL.—During the preparation of furnishes information or renders service in the SEC. 6401. DEFINITIONS. the environmental impact statement under para- performance of his official duties shall be eligi- In this subtitle: graph (2), each entity described in subpara- ble for payment under this subsection. (1) CORPORATION.—The term ‘‘Corporation’’ graph (B) may participate as a cooperating (b) FORFEITURE.—All paleontological re- means the King Cove Corporation. agency. sources with respect to which a violation under (2) FEDERAL LAND.—The term ‘‘Federal land’’ (B) AUTHORIZED ENTITIES.—An authorized en- section 6306 or 6307 occurred and which are in means— tity may include— the possession of any person, shall be subject to (A) the approximately 206 acres of Federal (i) any Federal agency that has permitting ju- civil forfeiture, or upon conviction, to criminal land located within the Refuge, as generally de- risdiction over the road described in paragraph forfeiture. picted on the map; and (2)(B)(i)(II); (c) TRANSFER OF SEIZED RESOURCES.—The (B) the approximately 1,600 acres of Federal (ii) the State; Secretary may transfer administration of seized land located on Sitkinak Island, as generally (iii) the Aleutians East Borough of the State; paleontological resources to Federal or non-Fed- depicted on the map. (iv) the City of King Cove, Alaska; eral educational institutions to be used for sci- (3) MAP.—The term ‘‘map’’ means each of— (v) the Tribe; and (A) the map entitled ‘‘Izembek and Alaska Pe- entific or educational purposes. (vi) the Alaska Migratory Bird Co-Manage- ninsula National Wildlife Refuges’’ and dated ment Council. SEC. 6309. CONFIDENTIALITY. September 2, 2008; and (c) VALUATION.—The conveyance of the Fed- Information concerning the nature and spe- (B) the map entitled ‘‘Sitkinak Island–Alaska eral land and non-Federal land under this sec- cific location of a paleontological resource shall Maritime National Wildlife Refuge’’ and dated tion shall not be subject to any requirement be exempt from disclosure under section 552 of September 2, 2008. under any Federal law (including regulations) (4) NON-FEDERAL LAND.—The term ‘‘non-Fed- title 5, United States Code, and any other law relating to the valuation, appraisal, or equali- eral land’’ means— unless the Secretary determines that disclosure zation of land. (A) the approximately 43,093 acres of land would— (d) PUBLIC INTEREST DETERMINATION.— owned by the State, as generally depicted on the (1) further the purposes of this subtitle; (1) CONDITIONS FOR LAND EXCHANGE.—Subject (2) not create risk of harm to or theft or de- map; and (B) the approximately 13,300 acres of land to paragraph (2), to carry out the land exchange struction of the resource or the site containing owned by the Corporation (including approxi- under subsection (a), the Secretary shall deter- the resource; and mately 5,430 acres of land for which the Cor- mine that the land exchange (including the con- (3) be in accordance with other applicable poration shall relinquish the selection rights of struction of a road between the City of King laws. the Corporation under the Alaska Native Claims Cove, Alaska, and the Cold Bay Airport) is in SEC. 6310. REGULATIONS. Settlement Act (43 U.S.C. 1601 et seq.) as part of the public interest. As soon as practical after the date of enact- the land exchange under section 6402(a)), as (2) LIMITATION OF AUTHORITY OF SEC- ment of this Act, the Secretary shall issue such generally depicted on the map. RETARY.—The Secretary may not, as a condition regulations as are appropriate to carry out this (5) REFUGE.—The term ‘‘Refuge’’ means the for a finding that the land exchange is in the subtitle, providing opportunities for public no- Izembek National Wildlife Refuge. public interest— tice and comment. (6) SECRETARY.—The term ‘‘Secretary’’ means (A) require the State or the Corporation to convey additional land to the United States; or SEC. 6311. SAVINGS PROVISIONS. the Secretary of the Interior. (7) STATE.—The term ‘‘State’’ means the State (B) impose any restriction on the subsistence Nothing in this subtitle shall be construed to— of Alaska. uses (as defined in section 803 of the Alaska Na- (1) invalidate, modify, or impose any addi- (8) TRIBE.—The term ‘‘Tribe’’ means the tional Interest Lands Conservation Act (16 tional restrictions or permitting requirements on Agdaagux Tribe of King Cove, Alaska. U.S.C. 3113)) of waterfowl by rural residents of any activities permitted at any time under the SEC. 6402. LAND EXCHANGE. the State. general mining laws, the mineral or geothermal (a) IN GENERAL.—Upon receipt of notification (e) KINZAROFF LAGOON.—The land exchange leasing laws, laws providing for minerals mate- by the State and the Corporation of the inten- under subsection (a) shall not be carried out be- rials disposal, or laws providing for the manage- tion of the State and the Corporation to ex- fore the date on which the parcel of land owned ment or regulation of the activities authorized change the non-Federal land for the Federal by the State that is located in the Kinzaroff La- by the aforementioned laws including but not land, subject to the conditions and requirements goon has been designated by the State as a State limited to the Federal Land Policy Management described in this subtitle, the Secretary may refuge, in accordance with the applicable laws Act (43 U.S.C. 1701–1784), Public Law 94–429 convey to the State all right, title, and interest (including regulations) of the State. (commonly known as the ‘‘Mining in the Parks of the United States in and to the Federal land. (f) DESIGNATION OF ROAD CORRIDOR.—In des- Act’’) (16 U.S.C. 1901 et seq.), the Surface Min- The Federal land within the Refuge shall be ignating the road corridor described in sub- ing Control and Reclamation Act of 1977 (30 transferred for the purpose of constructing a section (b)(2)(B)(ii), the Secretary shall— U.S.C. 1201–1358), and the Organic Administra- single-lane gravel road between the communities (1) minimize the adverse impact of the road tion Act (16 U.S.C. 478, 482, 551); of King Cove and Cold Bay, Alaska. corridor on the Refuge; (2) invalidate, modify, or impose any addi- (b) COMPLIANCE WITH NATIONAL ENVIRON- (2) transfer the minimum acreage of Federal tional restrictions or permitting requirements on MENTAL POLICY ACT OF 1969 AND OTHER APPLI- land that is required for the construction of the any activities permitted at any time under exist- CABLE LAWS.— road corridor; and ing laws and authorities relating to reclamation (1) IN GENERAL.—In determining whether to (3) to the maximum extent practicable, incor- and multiple uses of Federal land; carry out the land exchange under subsection porate into the road corridor roads that are in (3) apply to, or require a permit for, casual (a), the Secretary shall— existence as of the date of enactment of this Act. collecting of a rock, mineral, or invertebrate or (A) comply with the National Environmental (g) ADDITIONAL TERMS AND CONDITIONS.—The plant fossil that is not protected under this sub- Policy Act of 1969 (42 U.S.C. 4321 et seq.); and land exchange under subsection (a) shall be title; (B) except as provided in subsection (c), com- subject to any other term or condition that the (4) affect any land other than Federal land or ply with any other applicable law (including Secretary determines to be necessary. affect the lawful recovery, collection, or sale of regulations). SEC. 6403. KING COVE ROAD. (2) ENVIRONMENTAL IMPACT STATEMENT.— paleontological resources from land other than (A) IN GENERAL.—Not later than 60 days after (a) REQUIREMENTS RELATING TO USE, BARRIER Federal land; the date on which the Secretary receives notifi- CABLES, AND DIMENSIONS.— (5) alter or diminish the authority of a Fed- cation under subsection (a), the Secretary shall (1) LIMITATIONS ON USE.— eral agency under any other law to provide pro- initiate the preparation of an environmental im- (A) IN GENERAL.—Except as provided in sub- tection for paleontological resources on Federal pact statement required under the National En- paragraph (B), any portion of the road con- land in addition to the protection provided vironmental Policy Act of 1969 (42 U.S.C. 4321 et structed on the Federal land conveyed pursuant under this subtitle; or seq.). to this subtitle shall be used primarily for health (6) create any right, privilege, benefit, or enti- (B) REQUIREMENTS.—The environmental im- and safety purposes (including access to and tlement for any person who is not an officer or pact statement prepared under subparagraph from the Cold Bay Airport) and only for non- employee of the United States acting in that ca- (A) shall contain— commercial purposes. pacity. No person who is not an officer or em- (i) an analysis of— (B) EXCEPTIONS.—Notwithstanding subpara- ployee of the United States acting in that capac- (I) the proposed land exchange; and graph (A), the use of taxis, commercial vans for ity shall have standing to file any civil action in (II) the potential construction and operation public transportation, and shared rides (other a court of the United States to enforce any pro- of a road between the communities of King Cove than organized transportation of employees to a vision or amendment made by this subtitle. and Cold Bay, Alaska; and business or other commercial facility) shall be

VerDate Mar 15 2010 12:18 Aug 01, 2011 Jkt 079102 PO 00000 Frm 00068 Fmt 0688 Sfmt 6333 E:\BR09\H25MR9.002 H25MR9 erowe on DSK5CLS3C1PROD with BOUND RECORD March 25, 2009 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 7 8651 allowed on the road described in subparagraph cially intertidal wetlands, and shall evaluate the 7-year authority shall be extended for a pe- (A). mitigating effect of those wetlands transferred riod of 5 additional years beginning on the date (C) REQUIREMENT OF AGREEMENT.—The limi- in Federal ownership under the provisions of of issuance of the construction permit. tations of the use of the road described in this this subtitle. (c) EXTENSION OF AUTHORITY AS RESULT OF paragraph shall be enforced in accordance with SEC. 6404. ADMINISTRATION OF CONVEYED LEGAL CHALLENGES.— an agreement entered into between the Sec- LANDS. (1) IN GENERAL.—Prior to the issuance of a retary and the State. (1) FEDERAL LAND.—Upon completion of the construction permit, if a lawsuit or administra- (2) REQUIREMENT OF BARRIER CABLE.—The land exchange under section 6402(a)— tive appeal is filed challenging the land ex- road described in paragraph (1)(A) shall be con- (A) the boundary of the land designated as change or construction of the road (including a structed to include a cable barrier on each side wilderness within the Refuge shall be modified challenge to the NEPA process, decisions, or of the road, as described in the record of deci- to exclude the Federal land conveyed to the any required permit process required to complete sion entitled ‘‘Mitigation Measure MM–11, King State under the land exchange; and construction of the road), the 7-year deadline or Cove Access Project Final Environmental Im- (B) the Federal land located on Sitkinak Is- the five-year extension period, as appropriate, pact Statement Record of Decision’’ and dated land that is withdrawn for use by the Coast shall be extended for a time period equivalent to January 22, 2004, unless a different type barrier Guard shall, at the request of the State, be the time consumed by the full adjudication of is required as a mitigation measure in the transferred by the Secretary to the State upon the legal challenge or related administrative Record of Decision for Final Environmental Im- the relinquishment or termination of the with- process. (2) INJUNCTION.—After a construction permit pact Statement required in section 6402(b)(2). drawal. has been issued, if a court issues an injunction (3) REQUIRED DIMENSIONS AND DESIGN FEA- (2) NON-FEDERAL LAND.—Upon completion of against construction of the road, the 7-year TURES.—The road described in paragraph (1)(A) the land exchange under section 6402(a), the deadline or 5-year extension, as appropriate, shall— non-Federal land conveyed to the United States shall be extended for a time period equivalent to (A) have a width of not greater than a single under this subtitle shall be— time period that the injunction is in effect. lane, in accordance with the applicable road (A) added to the Refuge or the Alaska Penin- sula National Wildlife Refuge, as appropriate, (d) APPLICABILITY OF SECTION 6405.—Upon standards of the State; the expiration of the legislative authority under (B) be constructed with gravel; as generally depicted on the map; and (B) administered in accordance with the laws this section, if a road has not been constructed, (C) be constructed to comply with any specific the land exchange shall be null and void and design features identified in the Record of Deci- generally applicable to units of the National Wildlife Refuge System. the land ownership shall revert to the respective sion for Final Environmental Impact Statement ownership status prior to the land exchange as required in section 6402(b)(2) as Mitigation (3) WILDERNESS ADDITIONS.— (A) IN GENERAL.—Upon completion of the land provided in section 6405. Measures relative to the passage and migration exchange under section 6402(a), approximately TITLE VII—NATIONAL PARK SERVICE of wildlife, and also the exchange of tidal flows, 43,093 acres of land as generally depicted on the AUTHORIZATIONS where applicable, in accordance with applicable map shall be added to— Federal and State design standards; and Subtitle A—Additions to the National Park (i) the Izembek National Wildlife Refuge Wil- (D) if determined to be necessary, be con- System derness; or SEC. 7001. PATERSON GREAT FALLS NATIONAL structed to include appropriate safety pullouts. (ii) the Alaska Peninsula National Wildlife (b) SUPPORT FACILITIES.—Support facilities HISTORICAL PARK, NEW JERSEY. Refuge Wilderness. (a) DEFINITIONS.—In this section: for the road described in subsection (a)(1)(A) (B) ADMINISTRATION.—The land added as wil- shall not be located within the Refuge. (1) CITY.—The term ‘‘City’’ means the City of derness under subparagraph (A) shall be admin- Paterson, New Jersey. (c) FEDERAL PERMITS.—It is the intent of Con- istered by the Secretary in accordance with the (2) COMMISSION.—The term ‘‘Commission’’ gress that any Federal permit required for con- Wilderness Act (16 U.S.C. 1131 et seq.) and other means the Paterson Great Falls National Histor- struction of the road be issued or denied not applicable laws (including regulations). ical Park Advisory Commission established by later than 1 year after the date of application SEC. 6405. FAILURE TO BEGIN ROAD CONSTRUC- subsection (e)(1). for the permit. TION. (3) HISTORIC DISTRICT.—The term ‘‘Historic (d) APPLICABLE LAW.—Nothing in this section (a) NOTIFICATION TO VOID LAND EXCHANGE.— District’’ means the Great Falls Historic District amends, or modifies the application of, section If the Secretary, the State, and the Corporation in the State. 1110 of the Alaska National Interest Lands Con- enter into the land exchange authorized under (4) MANAGEMENT PLAN.—The term ‘‘manage- servation Act (16 U.S.C. 3170). section 6402(a), the State or the Corporation ment plan’’ means the management plan for the (e) MITIGATION PLAN.— may notify the Secretary in writing of the inten- Park developed under subsection (d). (1) IN GENERAL.—Based on the evaluation of tion of the State or Corporation to void the ex- (5) MAP.—The term ‘‘Map’’ means the map impacts determined through the completion of change if construction of the road through the entitled ‘‘Paterson Great Falls National Histor- the environmental impact statement under sec- Refuge has not begun. ical Park–Proposed Boundary’’, numbered T03/ tion 6402(b)(2), the Secretary, in consultation (b) DISPOSITION OF LAND EXCHANGE.—Upon 80,001, and dated May 2008. with the entities described in section the latter of the date on which the Secretary re- (6) PARK.—The term ‘‘Park’’ means the 6402(b)(3)(B), shall develop an enforceable miti- ceives a request under subsection (a), and the Paterson Great Falls National Historical Park gation plan. date on which the Secretary determines that the established by subsection (b)(1)(A). (2) CORRECTIVE MODIFICATIONS.—The Sec- Federal land conveyed under the land exchange (7) SECRETARY.—The term ‘‘Secretary’’ means retary may make corrective modifications to the under section 6402(a) has not been adversely im- the Secretary of the Interior. mitigation plan developed under paragraph (1) pacted (other than any nominal impact associ- (8) STATE.—The term ‘‘State’’ means the State if— ated with the preparation of an environmental of New Jersey. (b) PATERSON GREAT FALLS NATIONAL HISTOR- (A) the mitigation standards required under impact statement under section 6402(b)(2)), the ICAL PARK.— the mitigation plan are maintained; and land exchange shall be null and void. (B) the Secretary provides an opportunity for (1) ESTABLISHMENT.— (c) RETURN OF PRIOR OWNERSHIP STATUS OF (A) IN GENERAL.—Subject to subparagraph public comment with respect to any proposed FEDERAL AND NON-FEDERAL LAND.—If the land corrective modification. (B), there is established in the State a unit of exchange is voided under subsection (b)— the National Park System to be known as the (3) AVOIDANCE OF WILDLIFE IMPACTS.—Road (1) the Federal land and non-Federal land ‘‘Paterson Great Falls National Historical construction shall adhere to any specific mitiga- shall be returned to the respective ownership tion measures included in the Record of Deci- Park’’. status of each land prior to the land exchange; (B) CONDITIONS FOR ESTABLISHMENT.—The sion for Final Environmental Impact Statement (2) the parcel of the Federal land that is lo- Park shall not be established until the date on required in section 6402(b)(2) that— cated in the Refuge shall be managed as part of which the Secretary determines that— (A) identify critical periods during the cal- the Izembek National Wildlife Refuge Wilder- (i)(I) the Secretary has acquired sufficient endar year when the refuge is utilized by wild- ness; and land or an interest in land within the boundary life, especially migratory birds; and (3) each selection of the Corporation under of the Park to constitute a manageable unit; or (B) include specific mandatory strategies to the Alaska Native Claims Settlement Act (43 (II) the State or City, as appropriate, has en- alter, limit or halt construction activities during U.S.C. 1601 et seq.) that was relinquished under tered into a written agreement with the Sec- identified high risk periods in order to minimize this subtitle shall be reinstated. retary to donate— impacts to wildlife, and SEC. 6406. EXPIRATION OF LEGISLATIVE AUTHOR- (aa) the Great Falls State Park, including fa- (C) allow for the timely construction of the ITY. cilities for Park administration and visitor serv- road. (a) IN GENERAL.—Any legislative authority for ices; or (4) MITIGATION OF WETLAND LOSS.—The plan construction of a road shall expire at the end of (bb) any portion of the Great Falls State Park developed under this subsection shall comply the 7-year period beginning on the date of the agreed to between the Secretary and the State or with section 404 of the Federal Water Pollution enactment of this subtitle unless a construction City; and Control Act (33 U.S.C. 1344) with regard to mini- permit has been issued during that period. (ii) the Secretary has entered into a written mizing, to the greatest extent practicable, the (b) EXTENSION OF AUTHORITY.—If a construc- agreement with the State, City, or other public filling, fragmentation or loss of wetlands, espe- tion permit is issued within the allotted period, entity, as appropriate, providing that—

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(I) land owned by the State, City, or other (D) CONVERSION, USE, OR DISPOSAL.—Any (ii) 2 members shall be appointed after consid- public entity within the Historic District will be payment made by the Secretary under this para- eration of recommendations submitted by the managed consistent with this section; and graph shall be subject to an agreement that the City Council of Paterson, New Jersey; (II) future uses of land within the Historic conversion, use, or disposal of a project for pur- (iii) 1 member shall be appointed after consid- District will be compatible with the designation poses contrary to the purposes of this section, as eration of recommendations submitted by the of the Park. determined by the Secretary, shall entitle the Board of Chosen Freeholders of Passaic County, (2) PURPOSE.—The purpose of the Park is to United States to reimbursement in amount equal New Jersey; and preserve and interpret for the benefit of present to the greater of— (iv) 2 members shall have experience with na- and future generations certain historical, cul- (i) the amounts made available to the project tional parks and historic preservation. tural, and natural resources associated with the by the United States; or (B) INITIAL APPOINTMENTS.—The Secretary Historic District. (ii) the portion of the increased value of the shall appoint the initial members of the Commis- (3) BOUNDARIES.—The Park shall include the project attributable to the amounts made avail- sion not later than the earlier of— following sites, as generally depicted on the able under this paragraph, as determined at the (i) the date that is 30 days after the date on Map: time of the conversion, use, or, disposal. which the Secretary has received all of the rec- (A) The upper, middle, and lower raceways. (E) MATCHING FUNDS.— ommendations for appointments under subpara- (B) Mary Ellen Kramer (Great Falls) Park (i) IN GENERAL.—As a condition of the receipt graph (A); or and adjacent land owned by the City. of funds under this paragraph, the Secretary (ii) the date that is 30 days after the Park is (C) A portion of Upper Raceway Park, includ- shall require that any Federal funds made established in accordance with subsection (b). ing the Ivanhoe Wheelhouse and the Society for available under a cooperative agreement shall (4) TERM; VACANCIES.— Establishing Useful Manufactures Gatehouse. be matched on a 1-to-1 basis by non-Federal (A) TERM.— (D) Overlook Park and adjacent land, includ- funds. (i) IN GENERAL.—A member shall be appointed ing the Society for Establishing Useful Manu- (ii) FORM.—With the approval of the Sec- for a term of 3 years. factures Hydroelectric Plant and Administration retary, the non-Federal share required under (ii) REAPPOINTMENT.—A member may be re- Building. clause (i) may be in the form of donated prop- appointed for not more than 1 additional term. (E) The Allied Textile Printing site, including erty, goods, or services from a non-Federal (B) VACANCIES.—A vacancy on the Commis- the Colt Gun Mill ruins, Mallory Mill ruins, source. sion shall be filled in the same manner as the Waverly Mill ruins, and Todd Mill ruins. (4) ACQUISITION OF LAND.— original appointment was made. (F) The Rogers Locomotive Company Erecting (A) IN GENERAL.—The Secretary may acquire (5) MEETINGS.—The Commission shall meet at Shop, including the Paterson Museum. land or interests in land within the boundary of the call of— (G) The Great Falls Visitor Center. the Park by donation, purchase from a willing (A) the Chairperson; or (4) AVAILABILITY OF MAP.—The Map shall be seller with donated or appropriated funds, or (B) a majority of the members of the Commis- on file and available for public inspection in the exchange. sion. appropriate offices of the National Park Service. (B) DONATION OF STATE OWNED LAND.—Land (6) QUORUM.—A majority of the Commission (5) PUBLICATION OF NOTICE.—Not later than or interests in land owned by the State or any shall constitute a quorum. 60 days after the date on which the conditions political subdivision of the State may only be (7) CHAIRPERSON AND VICE CHAIRPERSON.— in clauses (i) and (ii) of paragraph (1)(B) are acquired by donation. (A) IN GENERAL.—The Commission shall select satisfied, the Secretary shall publish in the Fed- (5) TECHNICAL ASSISTANCE AND PUBLIC INTER- a Chairperson and Vice Chairperson from eral Register notice of the establishment of the PRETATION.—The Secretary may provide tech- among the members of the Commission. Park, including an official boundary map for nical assistance and public interpretation of re- (B) VICE CHAIRPERSON.—The Vice Chairperson the Park. lated historic and cultural resources within the shall serve as Chairperson in the absence of the (c) ADMINISTRATION.— boundary of the Historic District. Chairperson. (1) IN GENERAL.—The Secretary shall admin- (d) MANAGEMENT PLAN.— (C) TERM.—A member may serve as Chair- ister the Park in accordance with— (1) IN GENERAL.—Not later than 3 fiscal years person or Vice Chairman for not more than 1 (A) this section; and (B) the laws generally applicable to units of after the date on which funds are made avail- year in each office. the National Park System, including— able to carry out this subsection, the Secretary, (8) COMMISSION PERSONNEL MATTERS.— (i) the National Park Service Organic Act (16 in consultation with the Commission, shall com- (A) COMPENSATION OF MEMBERS.— U.S.C. 1 et seq.); and plete a management plan for the Park in ac- (i) IN GENERAL.—Members of the Commission (ii) the Act of August 21, 1935 (16 U.S.C. 461 cordance with— shall serve without compensation. et seq.). (A) section 12(b) of Public Law 91–383 (com- (ii) TRAVEL EXPENSES.—Members of the Com- (2) STATE AND LOCAL JURISDICTION.—Nothing monly known as the ‘‘National Park Service mission shall be allowed travel expenses, includ- in this section enlarges, diminishes, or modifies General Authorities Act’’) (16 U.S.C. 1a–7(b)); ing per diem in lieu of subsistence, at rates au- any authority of the State, or any political sub- and thorized for an employee of an agency under division of the State (including the City)— (B) other applicable laws. subchapter I of chapter 57 of title 5, United (A) to exercise civil and criminal jurisdiction; (2) COST SHARE.—The management plan shall States Code, while away from the home or reg- or include provisions that identify costs to be ular place of business of the member in the per- (B) to carry out State laws (including regula- shared by the Federal Government, the State, formance of the duties of the Commission. tions) and rules on non-Federal land located and the City, and other public or private enti- (B) STAFF.— within the boundary of the Park. ties or individuals for necessary capital improve- (i) IN GENERAL.—The Secretary shall provide (3) COOPERATIVE AGREEMENTS.— ments to, and maintenance and operations of, the Commission with any staff members and (A) IN GENERAL.—As the Secretary determines the Park. technical assistance that the Secretary, after to be appropriate to carry out this section, the (3) SUBMISSION TO CONGRESS.—On completion consultation with the Commission, determines to Secretary may enter into cooperative agreements of the management plan, the Secretary shall be appropriate to enable the Commission to with the owner of the Great Falls Visitor Center submit the management plan to— carry out the duties of the Commission. or any nationally significant properties within (A) the Committee on Energy and Natural Re- (ii) DETAIL OF EMPLOYEES.—The Secretary the boundary of the Park under which the Sec- sources of the Senate; and may accept the services of personnel detailed retary may identify, interpret, restore, and pro- (B) the Committee on Natural Resources of the from— vide technical assistance for the preservation of House of Representatives. (I) the State; the properties. (e) PATERSON GREAT FALLS NATIONAL HISTOR- (II) any political subdivision of the State; or (B) RIGHT OF ACCESS.—A cooperative agree- ICAL PARK ADVISORY COMMISSION.— (III) any entity represented on the Commis- ment entered into under subparagraph (A) shall (1) ESTABLISHMENT.—There is established a sion. provide that the Secretary, acting through the commission to be known as the ‘‘Paterson Great (9) FACA NONAPPLICABILITY.—Section 14(b) of Director of the National Park Service, shall Falls National Historical Park Advisory Com- the Federal Advisory Committee Act (5 U.S.C. have the right of access at all reasonable times mission’’. App.) shall not apply to the Commission. to all public portions of the property covered by (2) DUTIES.—The duties of the Commission (10) TERMINATION.—The Commission shall ter- the agreement for the purposes of— shall be to advise the Secretary in the develop- minate 10 years after the date of enactment of (i) conducting visitors through the properties; ment and implementation of the management this Act. and plan. (f) STUDY OF HINCHLIFFE STADIUM.— (ii) interpreting the properties for the public. (3) MEMBERSHIP.— (1) IN GENERAL.—Not later than 3 fiscal years (C) CHANGES OR ALTERATIONS.—No changes or (A) COMPOSITION.—The Commission shall be after the date on which funds are made avail- alterations shall be made to any properties cov- composed of 9 members, to be appointed by the able to carry out this section, the Secretary ered by a cooperative agreement entered into Secretary, of whom— shall complete a study regarding the preserva- under subparagraph (A) unless the Secretary (i) 4 members shall be appointed after consid- tion and interpretation of Hinchliffe Stadium, and the other party to the agreement agree to eration of recommendations submitted by the which is listed on the National Register of His- the changes or alterations. Governor of the State; toric Places.

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(2) INCLUSIONS.—The study shall include an (C) INCLUSIONS.—The plan shall include— governmental entity that, in accordance with assessment of— (i) consideration of opportunities for involve- applicable State law, has jurisdiction over any (A) the potential for listing the stadium as a ment by and support for the Park by State, property acquired under paragraph (1)(A)’’. National Historic Landmark; and county, and local governmental entities and SEC. 7103. LITTLE RIVER CANYON NATIONAL PRE- (B) options for maintaining the historic integ- nonprofit organizations and other interested SERVE BOUNDARY EXPANSION. rity of Hinchliffe Stadium. parties; and Section 2 of the Little River Canyon National (g) AUTHORIZATION OF APPROPRIATIONS.— (ii) steps for the preservation of the resources Preserve Act of 1992 (16 U.S.C. 698q) is amend- There are authorized to be appropriated such of the site and the costs associated with these ed— sums as are necessary to carry out this section. efforts. (1) in subsection (b)— SEC. 7002. WILLIAM JEFFERSON CLINTON BIRTH- (D) SUBMISSION TO CONGRESS.—On the com- (A) by striking ‘‘The Preserve’’ and inserting PLACE HOME NATIONAL HISTORIC pletion of the general management plan, the the following: SITE. Secretary shall submit a copy of the plan to the ‘‘(1) IN GENERAL.—The Preserve’’; and (a) ACQUISITION OF PROPERTY; ESTABLISH- Committee on Natural Resources of the House of (B) by adding at the end the following: MENT OF HISTORIC SITE.—Should the Secretary Representatives and the Committee on Energy ‘‘(2) BOUNDARY EXPANSION.—The boundary of of the Interior acquire, by donation only from and Natural Resources of the Senate. the Preserve is modified to include the land de- the Clinton Birthplace Foundation, Inc., fee (3) COOPERATIVE AGREEMENTS.—The Secretary picted on the map entitled ‘Little River Canyon simple, unencumbered title to the William Jeffer- may enter into cooperative agreements with National Preserve Proposed Boundary’, num- son Clinton Birthplace Home site located at 117 State, county, local, and civic organizations to bered 152/80,004, and dated December 2007.’’; South Hervey Street, Hope, Arkansas, 71801, carry out this section. and and to any personal property related to that (c) REPORT.—Not later than 3 years after the (2) in subsection (c), by striking ‘‘map’’ and site, the Secretary shall designate the William date of enactment of this Act, the Secretary inserting ‘‘maps’’. Jefferson Clinton Birthplace Home site as a Na- shall submit to the Committee on Energy and SEC. 7104. HOPEWELL CULTURE NATIONAL HIS- tional Historic Site and unit of the National Natural Resources of the Senate and the Com- TORICAL PARK BOUNDARY EXPAN- Park System, to be known as the ‘‘President mittee on Natural Resources of the House a re- SION. William Jefferson Clinton Birthplace Home Na- port describing the progress made with respect Section 2 of the Act entitled ‘‘An Act to re- tional Historic Site’’. to acquiring real property under this section name and expand the boundaries of the Mound (b) APPLICABILITY OF OTHER LAWS.—The Sec- and designating the River Raisin National Bat- City Group National Monument in Ohio’’, ap- retary shall administer the President William tlefield Park. proved May 27, 1992 (106 Stat. 185), is amend- Jefferson Clinton Birthplace Home National His- (d) AUTHORIZATION OF APPROPRIATIONS.— ed— toric Site in accordance with the laws generally There are authorized to be appropriated such (1) by striking ‘‘and’’ at the end of subsection applicable to national historic sites, including sums as are necessary to carry out this section. (a)(3); the Act entitled ‘‘An Act to establish a National Subtitle B—Amendments to Existing Units of (2) by striking the period at the end of sub- Park Service, and for other purposes’’, approved the National Park System section (a)(4) and inserting ‘‘; and’’; August 25, 1916 (16 U.S.C. 1–4), and the Act en- (3) by adding after subsection (a)(4) the fol- titled ‘‘An Act to provide for the preservation of SEC. 7101. FUNDING FOR KEWEENAW NATIONAL HISTORICAL PARK. lowing new paragraph: historic American sites, buildings, objects and ‘‘(5) the map entitled ‘Hopewell Culture Na- antiquities of national significance, and for (a) ACQUISITION OF PROPERTY.—Section 4 of Public Law 102–543 (16 U.S.C. 410yy–3) is tional Historical Park, Ohio Proposed Boundary other purposes’’, approved August 21, 1935 (16 Adjustment’ numbered 353/80,049 and dated U.S.C. 461 et seq.). amended by striking subsection (d). (b) MATCHING FUNDS.—Section 8(b) of Public June, 2006.’’; and SEC. 7003. RIVER RAISIN NATIONAL BATTLEFIELD (4) by adding after subsection (d)(2) the fol- PARK. Law 102–543 (16 U.S.C. 410yy–7(b)) is amended by striking ‘‘$4’’ and inserting ‘‘$1’’. lowing new paragraph: (a) ESTABLISHMENT.— ‘‘(3) The Secretary may acquire lands added (1) IN GENERAL.—If Monroe County or Wayne (c) AUTHORIZATION OF APPROPRIATIONS.—Sec- by subsection (a)(5) only from willing sellers.’’. County, Michigan, or other willing landowners tion 10 of Public Law 102–543 (16 U.S.C. 410yy– in either County offer to donate to the United 9) is amended— SEC. 7105. JEAN LAFITTE NATIONAL HISTORICAL (1) in subsection (a)— PARK AND PRESERVE BOUNDARY States land relating to the Battles of the River ADJUSTMENT. Raisin on January 18 and 22, 1813, or the after- (A) by striking ‘‘$25,000,000’’ and inserting ‘‘$50,000,000’’; and (a) IN GENERAL.—Section 901 of the National math of the battles, the Secretary of the Interior Parks and Recreation Act of 1978 (16 U.S.C. 230) (referred to in this section as the ‘‘Secretary’’) (B) by striking ‘‘$3,000,000’’ and inserting ‘‘$25,000,000’’; and is amended in the second sentence by striking shall accept the donated land. ‘‘of approximately twenty thousand acres gen- (2) DESIGNATION OF PARK.—On the acquisition (2) in subsection (b), by striking ‘‘$100,000’’ erally depicted on the map entitled ‘Barataria of land under paragraph (1) that is of sufficient and all that follows through ‘‘those duties’’ and Marsh Unit-Jean Lafitte National Historical acreage to permit efficient administration, the inserting ‘‘$250,000’’. Park and Preserve’ numbered 90,000B and dated Secretary shall designate the acquired land as a SEC. 7102. LOCATION OF VISITOR AND ADMINIS- April 1978,’’ and inserting ‘‘generally depicted unit of the National Park System, to be known TRATIVE FACILITIES FOR WEIR FARM NATIONAL HISTORIC SITE. on the map entitled ‘Boundary Map, Barataria as the ‘‘River Raisin National Battlefield Park’’ Preserve Unit, Jean Lafitte National Historical (referred to in this section as the ‘‘Park’’). Section 4(d) of the Weir Farm National His- Park and Preserve’, numbered 467/80100A, and (3) LEGAL DESCRIPTION.— toric Site Establishment Act of 1990 (16 U.S.C. (A) IN GENERAL.—The Secretary shall prepare 461 note) is amended— dated December 2007,’’. a legal description of the land and interests in (1) in paragraph (1)(B), by striking ‘‘contig- (b) ACQUISITION OF LAND.—Section 902 of the land designated as the Park by paragraph (2). uous to’’ and all that follows and inserting National Parks and Recreation Act of 1978 (16 (B) AVAILABILITY OF MAP AND LEGAL DESCRIP- ‘‘within Fairfield County.’’; U.S.C. 230a) is amended— TION.—A map with the legal description shall be (2) by amending paragraph (2) to read as fol- (1) in subsection (a)— on file and available for public inspection in the lows: (A) by striking ‘‘(a) Within the’’ and all that appropriate offices of the National Park Service. ‘‘(2) DEVELOPMENT.— follows through the first sentence and inserting (b) ADMINISTRATION.— ‘‘(A) MAINTAINING NATURAL CHARACTER.—The the following: (1) IN GENERAL.—The Secretary shall manage Secretary shall keep development of the prop- ‘‘(a) IN GENERAL.— the Park for the purpose of preserving and in- erty acquired under paragraph (1) to a minimum ‘‘(1) BARATARIA PRESERVE UNIT.— terpreting the Battles of the River Raisin in ac- so that the character of the acquired property ‘‘(A) IN GENERAL.—The Secretary may acquire cordance with the National Park Service Or- will be similar to the natural and undeveloped any land, water, and interests in land and ganic Act (16 U.S.C. 1 et seq.) and the Act of landscape of the property described in sub- water within the Barataria Preserve Unit by do- August 21, 1935 (16 U.S.C. 461 et seq.). section (b). nation, purchase with donated or appropriated (2) GENERAL MANAGEMENT PLAN.— ‘‘(B) TREATMENT OF PREVIOUSLY DEVELOPED funds, transfer from any other Federal agency, (A) IN GENERAL.—Not later than 3 years after PROPERTY.—Nothing in subparagraph (A) shall or exchange. the date on which funds are made available, the either prevent the Secretary from acquiring ‘‘(B) LIMITATIONS.— Secretary shall complete a general management property under paragraph (1) that, prior to the ‘‘(i) IN GENERAL.—Any non-Federal land de- plan for the Park that, among other things, de- Secretary’s acquisition, was developed in a man- picted on the map described in section 901 as fines the role and responsibility of the Secretary ner inconsistent with subparagraph (A), or re- ‘Lands Proposed for Addition’ may be acquired with regard to the interpretation and the preser- quire the Secretary to remediate such previously by the Secretary only with the consent of the vation of the site. developed property to reflect the natural char- owner of the land. (B) CONSULTATION.—The Secretary shall con- acter described in subparagraph (A).’’; and ‘‘(ii) BOUNDARY ADJUSTMENT.—On the date on sult with and solicit advice and recommenda- (3) in paragraph (3), in the matter preceding which the Secretary acquires a parcel of land tions from State, county, local, and civic organi- subparagraph (A), by striking ‘‘the appropriate described in clause (i), the boundary of the zations and leaders, and other interested parties zoning authority’’ and all that follows through Barataria Preserve Unit shall be adjusted to re- in the preparation of the management plan. ‘‘Wilton, Connecticut,’’ and inserting ‘‘the local flect the acquisition.

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‘‘(iii) EASEMENTS.—To ensure adequate hurri- (B) to the Jean Lafitte National Historical ministered as part of Everglades National Park cane protection of the communities located in Park shall be considered to be a reference to the in accordance with applicable laws (including the area, any land identified on the map de- Jean Lafitte National Historical Park and Pre- regulations). scribed in section 901 that is acquired or trans- serve. (3) HURRICANE HOLE.—The Secretary may ferred shall be subject to any easements that (2) CONFORMING AMENDMENTS.—Title IX of allow use of Hurricane Hole by sailing vessels have been agreed to by the Secretary and the the National Parks and Recreation Act of 1978 during emergencies, subject to such terms and Secretary of the Army. (16 U.S.C. 230 et seq.) is amended— conditions as the Secretary determines to be nec- ‘‘(C) TRANSFER OF ADMINISTRATION JURISDIC- (A) by striking ‘‘Barataria Marsh Unit’’ each essary. TION.—Effective on the date of enactment of the place it appears and inserting ‘‘Barataria Pre- (4) AUTHORIZATION OF APPROPRIATIONS.— Omnibus Public Land Management Act of 2009, serve Unit’’; and There are authorized to be appropriated such administrative jurisdiction over any Federal (B) by striking ‘‘Jean Lafitte National Histor- sums as are necessary to carry out this sub- land within the areas depicted on the map de- ical Park’’ each place it appears and inserting section. scribed in section 901 as ‘Lands Proposed for ‘‘Jean Lafitte National Historical Park and Pre- (b) LAND EXCHANGES.— (1) DEFINITIONS.—In this subsection: Addition’ is transferred, without consideration, serve’’. (A) COMPANY.—The term ‘‘Company’’ means to the administrative jurisdiction of the Na- SEC. 7106. MINUTE MAN NATIONAL HISTORICAL Florida Power & Light Company. tional Park Service, to be administered as part PARK. (B) FEDERAL LAND.—The term ‘‘Federal of the Barataria Preserve Unit.’’; (a) DEFINITIONS.—In this section: Land’’ means the parcels of land that are— (B) in the second sentence, by striking ‘‘The (1) MAP.—The term ‘‘map’’ means the map en- (i) owned by the United States; Secretary may also acquire by any of the fore- titled ‘‘Minute Man National Historical Park (ii) administered by the Secretary; going methods’’ and inserting the following: Proposed Boundary’’, numbered 406/81001, and (iii) located within the National Park; and ‘‘(2) FRENCH QUARTER.—The Secretary may dated July 2007. (iv) generally depicted on the map as— acquire by any of the methods referred to in (2) PARK.—The term ‘‘Park’’ means the (I) Tract A, which is adjacent to the Tamiami paragraph (1)(A)’’; Minute Man National Historical Park in the Trail, U.S. Rt. 41; and (C) in the third sentence, by striking ‘‘Lands, State of Massachusetts. (II) Tract B, which is located on the eastern waters, and interests therein’’ and inserting the (3) SECRETARY.—The term ‘‘Secretary’’ means boundary of the National Park. following: the Secretary of the Interior. (C) MAP.—The term ‘‘map’’ means the map prepared by the National Park Service, entitled ‘‘(3) ACQUISITION OF STATE LAND.—Land, (b) MINUTE MAN NATIONAL HISTORICAL ‘‘Proposed Land Exchanges, Everglades Na- water, and interests in land and water’’; and PARK.— tional Park’’, numbered 160/60411A, and dated (D) in the fourth sentence, by striking ‘‘In ac- (1) BOUNDARY ADJUSTMENT.— September 2008. quiring’’ and inserting the following: (A) IN GENERAL.—The boundary of the Park is (D) NATIONAL PARK.—The term ‘‘National ‘‘(4) ACQUISITION OF OIL AND GAS RIGHTS.—In modified to include the area generally depicted Park’’ means the Everglades National Park lo- acquiring’’; on the map. cated in the State. (2) by striking subsections (b) through (f) and (B) AVAILABILITY OF MAP.—The map shall be inserting the following: (E) NON-FEDERAL LAND.—The term ‘‘non-Fed- on file and available for inspection in the ap- eral land’’ means the land in the State that— ‘‘(b) RESOURCE PROTECTION.—With respect to propriate offices of the National Park Service. the land, water, and interests in land and water (i) is owned by the State, the specific area and (2) ACQUISITION OF LAND.—The Secretary may location of which shall be determined by the of the Barataria Preserve Unit, the Secretary acquire the land or an interest in the land de- shall preserve and protect— State; or scribed in paragraph (1)(A) by— (ii)(I) is owned by the Company; ‘‘(1) fresh water drainage patterns; (A) purchase from willing sellers with donated ‘‘(2) vegetative cover; (II) comprises approximately 320 acres; and or appropriated funds; (III) is located within the East Everglades Ac- ‘‘(3) the integrity of ecological and biological (B) donation; or quisition Area, as generally depicted on the map systems; and (C) exchange. as ‘‘Tract D’’. ‘‘(4) water and air quality. (3) ADMINISTRATION OF LAND.—The Secretary (F) SECRETARY.—The term ‘‘Secretary’’ means ‘‘(c) ADJACENT LAND.—With the consent of the shall administer the land added to the Park the Secretary of the Interior. owner and the parish governing authority, the under paragraph (1)(A) in accordance with ap- (G) STATE.—The term ‘‘State’’ means the State Secretary may— plicable laws (including regulations). of Florida and political subdivisions of the ‘‘(1) acquire land, water, and interests in land (c) AUTHORIZATION OF APPROPRIATIONS.— State, including the South Florida Water Man- and water, by any of the methods referred to in There are authorized to be appropriated such agement District. subsection (a)(1)(A) (including use of appropria- sums as are necessary to carry out this section. (2) LAND EXCHANGE WITH STATE.— tions from the Land and Water Conservation (A) IN GENERAL.—Subject to the provisions of SEC. 7107. EVERGLADES NATIONAL PARK. Fund); and this paragraph, if the State offers to convey to (a) INCLUSION OF TARPON BASIN PROPERTY.— ‘‘(2) revise the boundaries of the Barataria the Secretary all right, title, and interest of the (1) DEFINITIONS.—In this subsection: Preserve Unit to include adjacent land and State in and to specific parcels of non-Federal (A) HURRICANE HOLE.—The term ‘‘Hurricane water.’’; and land, and the offer is acceptable to the Sec- Hole’’ means the natural salt-water body of (3) by redesignating subsection (g) as sub- retary, the Secretary may, subject to valid exist- water within the Duesenbury Tracts of the east- section (d). ing rights, accept the offer and convey to the ern parcel of the Tarpon Basin boundary ad- (c) DEFINITION OF IMPROVED PROPERTY.—Sec- State all right, title, and interest of the United justment and accessed by Duesenbury Creek. tion 903 of the National Parks and Recreation States in and to the Federal land generally de- (B) MAP.—The term ‘‘map’’ means the map Act of 1978 (16 U.S.C. 230b) is amended in the picted on the map as ‘‘Tract A’’. entitled ‘‘Proposed Tarpon Basin Boundary Re- fifth sentence by inserting ‘‘(or January 1, 2007, (B) CONDITIONS.—The land exchange under for areas added to the park after that date)’’ vision’’, numbered 160/80,012, and dated May subparagraph (A) shall be subject to such terms after ‘‘January 1, 1977’’. 2008. and conditions as the Secretary may require. (d) HUNTING, FISHING, AND TRAPPING.—Sec- (C) SECRETARY.—The term ‘‘Secretary’’ means (C) VALUATION.— tion 905 of the National Parks and Recreation the Secretary of the Interior. (i) IN GENERAL.—The values of the land in- Act of 1978 (16 U.S.C. 230d) is amended in the (D) TARPON BASIN PROPERTY.—The term ‘‘Tar- volved in the land exchange under subpara- first sentence by striking ‘‘, except that within pon Basin property’’ means land that— graph (A) shall be equal. the core area and on those lands acquired by (i) is comprised of approximately 600 acres of (ii) EQUALIZATION.—If the values of the land the Secretary pursuant to section 902(c) of this land and water surrounding Hurricane Hole, as are not equal, the values may be equalized by title, he’’ and inserting ‘‘on land, and interests generally depicted on the map; and donation, payment using donated or appro- in land and water managed by the Secretary, (ii) is located in South Key Largo. priated funds, or the conveyance of additional except that the Secretary’’. (2) BOUNDARY REVISION.— parcels of land. (e) ADMINISTRATION.—Section 906 of the Na- (A) IN GENERAL.—The boundary of the Ever- (D) APPRAISALS.—Before the exchange of land tional Parks and Recreation Act of 1978 (16 glades National Park is adjusted to include the under subparagraph (A), appraisals for the Fed- U.S.C. 230e) is amended— Tarpon Basin property. eral and non-Federal land shall be conducted in (1) by striking the first sentence; and (B) ACQUISITION AUTHORITY.—The Secretary accordance with the Uniform Appraisal Stand- (2) in the second sentence, by striking ‘‘Pend- may acquire from willing sellers by donation, ards for Federal Land Acquisitions and the Uni- ing such establishment and thereafter the’’ and purchase with donated or appropriated funds, form Standards of Professional Appraisal Prac- inserting ‘‘The’’. or exchange, land, water, or interests in land tice. (f) REFERENCES IN LAW.— and water, within the area depicted on the map, (E) TECHNICAL CORRECTIONS.—Subject to the (1) IN GENERAL.—Any reference in a law (in- to be added to Everglades National Park. agreement of the State, the Secretary may make cluding regulations), map, document, paper, or (C) AVAILABILITY OF MAP.—The map shall be minor corrections to correct technical and cler- other record of the United States— on file and available for public inspection in the ical errors in the legal descriptions of the Fed- (A) to the Barataria Marsh Unit shall be con- appropriate offices of the National Park Service. eral and non-Federal land and minor adjust- sidered to be a reference to the Barataria Pre- (D) ADMINISTRATION.—Land added to Ever- ments to the boundaries of the Federal and non- serve Unit; or glades National Park by this section shall be ad- Federal land.

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(F) ADMINISTRATION OF LAND ACQUIRED BY (B) display in an appropriate manner the section as the ‘‘Secretary’’) for inclusion in the SECRETARY.—Land acquired by the Secretary names of the approximately 3,000 individuals Edison National Historic Site before the date of under subparagraph (A) shall— who arrived at Kalaupapa in the second part of the enactment of this Act, as generally depicted (i) become part of the National Park; and its history, when most of the community was on the map entitled the ‘‘Thomas Edison Na- (ii) be administered in accordance with the concentrated on the Kalaupapa side of the pe- tional Historical Park’’, numbered 403/80,000, laws applicable to the National Park System. ninsula. and dated April 2008. (3) LAND EXCHANGE WITH COMPANY.— (2) APPROVAL.—The location, size, design, and (3) MAP.—The map of the Historical Park (A) IN GENERAL.—Subject to the provisions of inscriptions of the memorial authorized by sub- shall be on file and available for public inspec- this paragraph, if the Company offers to convey section (a) shall be subject to the approval of tion in the appropriate offices of the National to the Secretary all right, title, and interest of the Secretary of the Interior. Park Service. the Company in and to the non-Federal land (c) FUNDING.—Ka ‘Ohana O Kalaupapa, a (c) ADMINISTRATION.— generally depicted on the map as ‘‘Tract D’’, nonprofit organization, shall be solely respon- (1) IN GENERAL.—The Secretary shall admin- and the offer is acceptable to the Secretary, the sible for acceptance of contributions for and ister the Historical Park in accordance with this Secretary may, subject to valid existing rights, payment of the expenses associated with the es- section and with the provisions of law generally accept the offer and convey to the Company all tablishment of the memorial. applicable to units of the National Park System, right, title, and interest of the United States in SEC. 7109. BOSTON HARBOR ISLANDS NATIONAL including the Acts entitled ‘‘An Act to establish and to the Federal land generally depicted on RECREATION AREA. a National Park Service, and for other pur- the map as ‘‘Tract B’’, along with a perpetual (a) COOPERATIVE AGREEMENTS.—Section poses,’’ approved August 25, 1916 (39 Stat. 535; easement on a corridor of land contiguous to 1029(d) of the Omnibus Parks and Public Lands 16 U.S.C. 1 et seq.) and ‘‘An Act to provide for Tract B for the purpose of vegetation manage- Management Act of 1996 (16 U.S.C. 460kkk(d)) is the preservation of historic American sites, ment. amended by striking paragraph (3) and insert- buildings, objects, and antiquities of national (B) CONDITIONS.—The land exchange under ing the following: significance, and for other purposes,’’ approved subparagraph (A) shall be subject to such terms ‘‘(3) AGREEMENTS.— August 21, 1935 (16 U.S.C. 461 et seq.). and conditions as the Secretary may require. ‘‘(A) DEFINITION OF ELIGIBLE ENTITY.—In this (2) ACQUISITION OF PROPERTY.— (C) VALUATION.— paragraph, the term ‘eligible entity’ means— (A) REAL PROPERTY.—The Secretary may ac- (i) IN GENERAL.—The values of the land in- ‘‘(i) the Commonwealth of Massachusetts; quire land or interests in land within the bound- volved in the land exchange under subpara- ‘‘(ii) a political subdivision of the Common- aries of the Historical Park, from willing sellers graph (A) shall be equal unless the non-Federal wealth of Massachusetts; or only, by donation, purchase with donated or land is of higher value than the Federal land. ‘‘(iii) any other entity that is a member of the appropriated funds, or exchange. (ii) EQUALIZATION.—If the values of the land (B) PERSONAL PROPERTY.—The Secretary may Boston Harbor Islands Partnership described in are not equal, the values may be equalized by acquire personal property associated with, and subsection (e)(2). donation, payment using donated or appro- appropriate for, interpretation of the Historical ‘‘(B) AUTHORITY OF SECRETARY.—Subject to priated funds, or the conveyance of additional subparagraph (C), the Secretary may consult Park. parcels of land. (3) COOPERATIVE AGREEMENTS.—The Secretary with an eligible entity on, and enter into with (D) APPRAISAL.—Before the exchange of land may consult and enter into cooperative agree- the eligible entity— under subparagraph (A), appraisals for the Fed- ments with interested entities and individuals to ‘‘(i) a cooperative management agreement to eral and non-Federal land shall be conducted in provide for the preservation, development, inter- acquire from, and provide to, the eligible entity accordance with the Uniform Appraisal Stand- pretation, and use of the Historical Park. goods and services for the cooperative manage- ards for Federal Land Acquisitions and the Uni- (4) REPEAL OF SUPERSEDED LAW.—Public Law ment of land within the recreation area; and form Standards of Professional Appraisal Prac- 87–628 (76 Stat. 428), regarding the establishment ‘‘(ii) notwithstanding section 6305 of title 31, tice. and administration of the Edison National His- United States Code, a cooperative agreement for (E) TECHNICAL CORRECTIONS.—Subject to the toric Site, is repealed. the construction of recreation area facilities on agreement of the Company, the Secretary may (5) REFERENCES.—Any reference in a law, make minor corrections to correct technical and land owned by an eligible entity for purposes map, regulation, document, paper, or other clerical errors in the legal descriptions of the consistent with the management plan under record of the United States to the ‘‘Edison Na- Federal and non-Federal land and minor ad- subsection (f). tional Historic Site’’ shall be deemed to be a ref- justments to the boundaries of the Federal and ‘‘(C) CONDITIONS.—The Secretary may enter erence to the ‘‘Thomas Edison National Histor- non-Federal land. into an agreement with an eligible entity under ical Park’’. (F) ADMINISTRATION OF LAND ACQUIRED BY subparagraph (B) only if the Secretary deter- (d) AUTHORIZATION OF APPROPRIATIONS.— SECRETARY.—Land acquired by the Secretary mines that— There is authorized to be appropriated such under subparagraph (A) shall— ‘‘(i) appropriations for carrying out the pur- sums as may be necessary to carry out this sec- (i) become part of the National Park; and poses of the agreement are available; and tion. ‘‘(ii) the agreement is in the best interests of (ii) be administered in accordance with the SEC. 7111. WOMEN’S RIGHTS NATIONAL HISTOR- laws applicable to the National Park System. the United States.’’. ICAL PARK. (b) TECHNICAL AMENDMENTS.— (4) MAP.—The map shall be on file and avail- (a) VOTES FOR WOMEN TRAIL.—Title XVI of able for public inspection in the appropriate of- (1) MEMBERSHIP.—Section 1029(e)(2)(B) of the Public Law 96–607 (16 U.S.C. 410ll) is amended fices of the National Park Service. Omnibus Parks and Public Lands Management by adding at the end the following: Act of 1996 (16 U.S.C. 460kkk(e)(2)(B)) is amend- (5) BOUNDARY REVISION.—On completion of ‘‘SEC. 1602. VOTES FOR WOMEN TRAIL. ed by striking ‘‘Coast Guard’’ and inserting the land exchanges authorized by this sub- ‘‘(a) DEFINITIONS.—In this section: ‘‘Coast Guard.’’. section, the Secretary shall adjust the boundary ‘‘(1) PARK.—The term ‘Park’ means the Wom- (2) DONATIONS.—Section 1029(e)(11) of the Om- of the National Park accordingly, including re- en’s Rights National Historical Park established nibus Parks and Public Lands Management Act moving the land conveyed out of Federal owner- by section 1601. of 1996 (16 U.S.C. 460kkk(e)(11)) is amended by ship. ‘‘(2) SECRETARY.—The term ‘Secretary’ means SEC. 7108. KALAUPAPA NATIONAL HISTORICAL striking ‘‘Nothwithstanding’’ and inserting the Secretary of the Interior, acting through the PARK. ‘‘Notwithstanding’’. Director of the National Park Service. (a) IN GENERAL.—The Secretary of the Inte- SEC. 7110. THOMAS EDISON NATIONAL HISTOR- ‘‘(3) STATE.—The term ‘State’ means the State rior shall authorize Ka ‘Ohana O Kalaupapa, a ICAL PARK, NEW JERSEY. of New York. non-profit organization consisting of patient (a) PURPOSES.—The purposes of this section ‘‘(4) TRAIL.—The term ‘Trail’ means the Votes residents at Kalaupapa National Historical are— for Women History Trail Route designated Park, and their family members and friends, to (1) to recognize and pay tribute to Thomas under subsection (b). establish a memorial at a suitable location or lo- Alva Edison and his innovations; and ‘‘(b) ESTABLISHMENT OF TRAIL ROUTE.—The cations approved by the Secretary at Kalawao (2) to preserve, protect, restore, and enhance Secretary, with concurrence of the agency hav- or Kalaupapa within the boundaries of the Edison National Historic Site to ensure pub- ing jurisdiction over the relevant roads, may Kalaupapa National Historical Park located on lic use and enjoyment of the Site as an edu- designate a vehicular tour route, to be known as the island of Molokai, in the State of Hawaii, to cational, scientific, and cultural center. the ‘Votes for Women History Trail Route’, to honor and perpetuate the memory of those indi- (b) ESTABLISHMENT.— link properties in the State that are historically viduals who were forcibly relocated to (1) IN GENERAL.—There is established the and thematically associated with the struggle Kalaupapa Peninsula from 1866 to 1969. Thomas Edison National Historical Park as a for women’s suffrage in the United States. (b) DESIGN.— unit of the National Park System (referred to in ‘‘(c) ADMINISTRATION.—The Trail shall be ad- (1) IN GENERAL.—The memorial authorized by this section as the ‘‘Historical Park’’). ministered by the National Park Service through subsection (a) shall— (2) BOUNDARIES.—The Historical Park shall be the Park. (A) display in an appropriate manner the comprised of all property owned by the United ‘‘(d) ACTIVITIES.—To facilitate the establish- names of the first 5,000 individuals sent to the States in the Edison National Historic Site as ment of the Trail and the dissemination of infor- Kalaupapa Peninsula between 1866 and 1896, well as all property authorized to be acquired by mation regarding the Trail, the Secretary most of whom lived at Kalawao; and the Secretary of the Interior (referred to in this shall—

VerDate Mar 15 2010 12:18 Aug 01, 2011 Jkt 079102 PO 00000 Frm 00073 Fmt 0688 Sfmt 6333 E:\BR09\H25MR9.003 H25MR9 erowe on DSK5CLS3C1PROD with BOUND RECORD 8656 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 7 March 25, 2009 ‘‘(1) produce and disseminate appropriate which is to provide interpretive and educational (B) in the heading for section 3, by striking educational materials regarding the Trail, such program development of national women’s rights ‘‘NATIONAL HISTORIC SITE’’ and inserting as handbooks, maps, exhibits, signs, interpretive history, including historic preservation. ‘‘NATIONAL HISTORICAL PARK’’; and guides, and electronic information; (2) MANAGEMENT OF NETWORK.— (C) by striking ‘‘historic site’’ each place it ‘‘(2) coordinate the management, planning, (A) IN GENERAL.—The Secretary shall, appears and inserting ‘‘historical park’’. and standards of the Trail in partnership with through a competitive process, designate a non- (b) BOUNDARY EXPANSION, PALO ALTO BAT- participating properties, other Federal agencies, governmental managing network to manage the TLEFIELD NATIONAL HISTORICAL PARK, TEXAS.— and State and local governments; network. Section 3(b) of the Palo Alto Battlefield Na- ‘‘(3) create and adopt an official, uniform (B) COORDINATION.—The nongovernmental tional Historic Site Act of 1991 (16 U.S.C. 461 symbol or device to mark the Trail; and managing entity designated under subpara- note; Public Law 102–304) (as amended by sub- ‘‘(4) issue guidelines for the use of the symbol graph (A) shall work in partnership with the section (a)) is amended— or device adopted under paragraph (3). Director of the National Park Service and State (1) in paragraph (1), by striking ‘‘(1) The his- ‘‘(e) ELEMENTS OF TRAIL ROUTE.—Subject to historic preservation offices to coordinate oper- torical park’’ and inserting the following: the consent of the owner of the property, the ation of the network. ‘‘(1) IN GENERAL.—The historical park’’; Secretary may designate as an official stop on (3) COST-SHARING REQUIREMENT.— (2) by redesignating paragraph (2) as para- the Trail— (A) IN GENERAL.—The Federal share of the graph (3); ‘‘(1) all units and programs of the Park relat- cost of any activity carried out using any assist- (3) by inserting after paragraph (1) the fol- ing to the struggle for women’s suffrage; ance made available under this subsection shall lowing: ‘‘(2) ADDITIONAL LAND ‘‘(2) other Federal, State, local, and privately be 50 percent. .— ‘‘(A) IN GENERAL.—In addition to the land de- owned properties that the Secretary determines (B) STATE HISTORIC PRESERVATION OFFICES.— scribed in paragraph (1), the historical park have a verifiable connection to the struggle for Matching grants for historic preservation spe- shall consist of approximately 34 acres of land, women’s suffrage; and cific to the network may be made available as generally depicted on the map entitled ‘Palo ‘‘(3) other governmental and nongovernmental through State historic preservation offices. Alto Battlefield NHS Proposed Boundary Ex- facilities and programs of an educational, com- (4) AUTHORIZATION OF APPROPRIATIONS.— pansion’, numbered 469/80,012, and dated May memorative, research, or interpretive nature There is authorized to be appropriated to the 21, 2008. that the Secretary determines to be directly re- Secretary to carry out this subsection $1,000,000 ‘‘(B) AVAILABILITY OF MAP.—The map de- for each of fiscal years 2009 through 2013. lated to the struggle for women’s suffrage. scribed in subparagraph (A) shall be on file and OOPERATIVE AGREEMENTS AND MEMO- ‘‘(f) C SEC. 7112. MARTIN VAN BUREN NATIONAL HIS- available for public inspection in the appro- RANDA OF UNDERSTANDING.— TORIC SITE. priate offices of the National Park Service.’’; ‘‘(1) IN GENERAL.—To facilitate the establish- EFINITIONS (a) D .—In this section: and ment of the Trail and to ensure effective coordi- (1) HISTORIC SITE.—The term ‘‘historic site’’ (4) in paragraph (3) (as redesignated by para- nation of the Federal and non-Federal prop- means the Martin Van Buren National Historic graph (2))— erties designated as stops along the Trail, the Site in the State of New York established by (A) by striking ‘‘(3) Within’’ and inserting the Secretary may enter into cooperative agreements Public Law 93–486 (16 U.S.C. 461 note) on Octo- following: and memoranda of understanding with, and ber 26, 1974. ‘‘(3) LEGAL DESCRIPTION.—Not later than’’; provide technical and financial assistance to, (2) MAP.—The term ‘‘map’’ means the map en- and other Federal agencies, the State, localities, re- titled ‘‘Boundary Map, Martin Van Buren Na- (B) in the second sentence, by striking ‘‘map gional governmental bodies, and private entities. tional Historic Site’’, numbered ‘‘460/80801’’, and referred to in paragraph (1)’’ and inserting ‘‘(2) AUTHORIZATION OF APPROPRIATIONS.— dated January 2005. ‘‘maps referred to in paragraphs (1) and (2)’’. There are authorized to be appropriated to the (3) SECRETARY.—The term ‘‘Secretary’’ means SEC. 7114. ABRAHAM LINCOLN BIRTHPLACE NA- Secretary such sums as are necessary for the pe- the Secretary of the Interior. TIONAL HISTORICAL PARK. riod of fiscal years 2009 through 2013 to provide (b) BOUNDARY ADJUSTMENTS TO THE HISTORIC (a) DESIGNATION.—The Abraham Lincoln financial assistance to cooperating entities pur- SITE.— Birthplace National Historic Site in the State of suant to agreements or memoranda entered into (1) BOUNDARY ADJUSTMENT.—The boundary of Kentucky shall be known and designated as the under paragraph (1).’’. the historic site is adjusted to include approxi- ‘‘Abraham Lincoln Birthplace National Histor- (b) NATIONAL WOMEN’S RIGHTS HISTORY mately 261 acres of land identified as the ‘‘PRO- ical Park’’. PROJECT NATIONAL REGISTRY.— POSED PARK BOUNDARY’’, as generally de- (b) REFERENCES.—Any reference in a law, (1) IN GENERAL.—The Secretary of the Interior picted on the map. map, regulation, document, paper, or other (referred to in this section as the ‘‘Secretary’’) (2) ACQUISITION AUTHORITY.—The Secretary record of the United States to the Abraham Lin- may make annual grants to State historic pres- may acquire the land and any interests in the coln Birthplace National Historic Site shall be ervation offices for not more than 5 years to as- land described in paragraph (1) from willing deemed to be a reference to the ‘‘Abraham Lin- sist the State historic preservation offices in sur- sellers by donation, purchase with donated or coln Birthplace National Historical Park’’. veying, evaluating, and nominating to the Na- appropriated funds, or exchange. SEC. 7115. NEW RIVER GORGE NATIONAL RIVER. tional Register of Historic Places women’s rights (3) AVAILABILITY OF MAP.—The map shall be Section 1106 of the National Parks and Recre- history properties. on file and available for public inspection in the ation Act of 1978 (16 U.S.C. 460m–20) is amended (2) ELIGIBILITY.—In making grants under appropriate offices of the National Park Service. in the first sentence by striking ‘‘may’’ and in- paragraph (1), the Secretary shall give priority (4) ADMINISTRATION.—Land acquired for the serting ‘‘shall’’. historic site under this section shall be adminis- to grants relating to properties associated with SEC. 7116. TECHNICAL CORRECTIONS. tered as part of the historic site in accordance the multiple facets of the women’s rights move- (a) GAYLORD NELSON WILDERNESS.— with applicable law (including regulations). ment, such as politics, economics, education, re- (1) REDESIGNATION.—Section 140 of division E ligion, and social and family rights. (c) AUTHORIZATION OF APPROPRIATIONS.— of the Consolidated Appropriations Act, 2005 (16 (3) UPDATES.—The Secretary shall ensure that There are authorized to be appropriated such U.S.C. 1132 note; Public Law 108–447), is amend- the National Register travel itinerary website sums as are necessary to carry out this section. ed— entitled ‘‘Places Where Women Made History’’ SEC. 7113. PALO ALTO BATTLEFIELD NATIONAL (A) in subsection (a), by striking ‘‘Gaylord A. is updated to contain— HISTORICAL PARK. Nelson’’ and inserting ‘‘Gaylord Nelson’’; and (A) the results of the inventory conducted (a) DESIGNATION OF PALO ALTO BATTLEFIELD (B) in subsection (c)(4), by striking ‘‘Gaylord under paragraph (1); and NATIONAL HISTORICAL PARK.— A. Nelson Wilderness’’ and inserting ‘‘Gaylord (B) any links to websites related to places on (1) IN GENERAL.—The Palo Alto Battlefield Nelson Wilderness’’. the inventory. National Historic Site shall be known and des- (2) REFERENCES.—Any reference in a law, (4) COST-SHARING REQUIREMENT.—The Federal ignated as the ‘‘Palo Alto Battlefield National map, regulation, document, paper, or other share of the cost of any activity carried out Historical Park’’. record of the United States to the ‘‘Gaylord A. using any assistance made available under this (2) REFERENCES.—Any reference in a law, Nelson Wilderness’’ shall be deemed to be a ref- subsection shall be 50 percent. map, regulation, document, paper, or other erence to the ‘‘Gaylord Nelson Wilderness’’. (5) AUTHORIZATION OF APPROPRIATIONS.— record of the United States to the historic site (b) ARLINGTON HOUSE LAND TRANSFER.—Sec- There is authorized to be appropriated to the referred to in subsection (a) shall be deemed to tion 2863(h)(1) of Public Law 107–107 (115 Stat. Secretary to carry out this subsection $1,000,000 be a reference to the Palo Alto Battlefield Na- 1333) is amended by striking ‘‘the George Wash- for each of fiscal years 2009 through 2013. tional Historical Park. ington Memorial Parkway’’ and inserting ‘‘Ar- (c) NATIONAL WOMEN’S RIGHTS HISTORY (3) CONFORMING AMENDMENTS.—The Palo Alto lington House, The Robert E. Lee Memorial,’’. PROJECT PARTNERSHIPS NETWORK.— Battlefield National Historic Site Act of 1991 (16 (c) CUMBERLAND ISLAND WILDERNESS.—Sec- (1) GRANTS.—The Secretary may make match- U.S.C. 461 note; Public Law 102–304) is amend- tion 2(a)(1) of Public Law 97–250 (16 U.S.C. 1132 ing grants and give technical assistance for de- ed— note; 96 Stat. 709) is amended by striking ‘‘num- velopment of a network of governmental and (A) by striking ‘‘National Historic Site’’ each bered 640/20,038I, and dated September 2004’’ nongovernmental entities (referred to in this place it appears and inserting ‘‘National Histor- and inserting ‘‘numbered 640/20,038K, and dated subsection as the ‘‘network’’), the purpose of ical Park’’; September 2005’’.

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(d) PETRIFIED FOREST BOUNDARY.—Section (1) in subsection (a), by inserting ‘‘Hawthorn (3) STUDY AREA.—The term ‘‘study area’’ 2(1) of the Petrified Forest National Park Ex- Hill, the Wright Company factory,’’ after ‘‘, ac- means the area identified on the map as the pansion Act of 2004 (16 U.S.C. 119 note; Public quire’’; ‘‘Walnut Canyon Proposed Study Area’’. Law 108–430) is amended by striking ‘‘numbered (2) in subsection (b), by striking ‘‘Such agree- (b) STUDY.— 110/80,044, and dated July 2004’’ and inserting ments’’ and inserting: (1) IN GENERAL.—The Secretaries shall con- ‘‘numbered 110/80,045, and dated January 2005’’. ‘‘(d) CONDITIONS.—Cooperative agreements duct a study of the study area to assess— (e) COMMEMORATIVE WORKS ACT.—Chapter 89 under this section’’; (A) the suitability and feasibility of desig- of title 40, United States Code, is amended— (3) by inserting before subsection (d) (as added nating all or part of the study area as an addi- (1) in section 8903(d), by inserting ‘‘Natural’’ by paragraph 2) the following: tion to Walnut Canyon National Monument, in before ‘‘Resources’’; ‘‘(c) COOPERATIVE AGREEMENTS.—The Sec- accordance with section 8(c) of Public Law 91– (2) in section 8904(b), by inserting ‘‘Advisory’’ retary is authorized to enter into a cooperative 383 (16 U.S.C. 1a–5(c)); before ‘‘Commission’’; and agreement with a partner or partners, including (B) continued management of the study area (3) in section 8908(b)(1)— the Wright Family Foundation, to operate and by the Forest Service; or (A) in the first sentence, by inserting ‘‘Advi- provide programming for Hawthorn Hill and (C) any other designation or management op- sory’’ before ‘‘Commission’’; and charge reasonable fees notwithstanding any tion that would provide for— (B) in the second sentence, by striking ‘‘House other provision of law, which may be used to de- (i) protection of resources within the study Administration’’ and inserting ‘‘Natural Re- fray the costs of park operation and program- area; and sources’’. ming.’’; and (ii) continued access to, and use of, the study (f) CAPTAIN JOHN SMITH CHESAPEAKE NA- (4) by striking ‘‘Commission’’ and inserting area by the public. TIONAL HISTORIC TRAIL.—Section 5(a)(25)(A) of ‘‘Aviation Heritage Foundation’’. (2) CONSULTATION.—The Secretaries shall pro- the National Trails System Act (16 U.S.C. (c) GRANT ASSISTANCE.—The Dayton Aviation vide for public comment in the preparation of 1244(a)(25)(A)) is amended by striking ‘‘The Heritage Preservation Act of 1992, is amended— the study, including consultation with appro- (1) by redesignating subsection (b) of section John Smith’’ and inserting ‘‘The Captain John priate Federal, State, and local governmental 108 as subsection (c); and Smith’’. entities. (2) by inserting after subsection (a) of section (g) DELAWARE NATIONAL COASTAL SPECIAL (3) REPORT.—Not later than 18 months after 108 the following new subsection: RESOURCE STUDY.—Section 604 of the Delaware the date on which funds are made available to ‘‘(b) GRANT ASSISTANCE.—The Secretary is au- National Coastal Special Resources Study Act thorized to make grants to the parks’ partners, carry out this section, the Secretaries shall sub- (Public Law 109–338; 120 Stat. 1856) is amended including the Aviation Trail, Inc., the Ohio His- mit to the Committee on Energy and Natural Re- by striking ‘‘under section 605’’. torical Society, and Dayton History, for projects sources of the Senate and the Committee on Nat- (h) USE OF RECREATION FEES.—Section not requiring Federal involvement other than ural Resources of the House of Representatives 808(a)(1)(F) of the Federal Lands Recreation providing financial assistance, subject to the a report that describes— Enhancement Act (16 U.S.C. 6807(a)(1)(F)) is (A) the results of the study; and availability of appropriations in advance identi- amended by striking ‘‘section 6(a)’’ and insert- (B) any recommendations of the Secretaries. fying the specific partner grantee and the spe- ing ‘‘section 806(a)’’. (4) AUTHORIZATION OF APPROPRIATIONS.— cific project. Projects funded through these (i) CROSSROADS OF THE AMERICAN REVOLU- There are authorized to be appropriated such grants shall be limited to construction and de- TION NATIONAL HERITAGE AREA.—Section sums as are necessary to carry out this section. velopment on non-Federal property within the 297F(b)(2)(A) of the Crossroads of the American boundaries of the park. Any project funded by SEC. 7202. TULE LAKE SEGREGATION CENTER, Revolution National Heritage Area Act of 2006 CALIFORNIA. such a grant shall support the purposes of the (Public Law 109–338; 120 Stat. 1844) is amended park, shall be consistent with the park’s general (a) STUDY.— by inserting ‘‘duties’’ before ‘‘of the’’. management plan, and shall enhance public use (1) IN GENERAL.—The Secretary of the Interior (j) CUYAHOGA VALLEY NATIONAL PARK.—Sec- and enjoyment of the park.’’. (referred to in this section as the ‘‘Secretary’’) tion 474(12) of the Consolidated Natural Re- (d) NATIONAL AVIATION HERITAGE AREA.— shall conduct a special resource study of the sources Act of 2008 (Public Law 1110–229; 122 Title V of division J of the Consolidated Appro- Tule Lake Segregation Center to determine the Stat. 827) is amended by striking ‘‘Cayohoga’’ priations Act, 2005 (16 U.S.C. 461 note; Public national significance of the site and the suit- each place it appears and inserting ‘‘Cuya- Law 108–447), is amended— ability and feasibility of including the site in hoga’’. (1) in section 503(3), by striking ‘‘104’’ and in- the National Park System. (k) PENNSYLVANIA AVENUE NATIONAL HIS- serting ‘‘504’’; (2) STUDY GUIDELINES.—The study shall be TORIC SITE.— (2) in section 503(4), by striking ‘‘106’’ and in- conducted in accordance with the criteria for (1) NAME ON MAP.—Section 313(d)(1)(B) of the serting ‘‘506’’; the study of areas for potential inclusion in the Department of the Interior and Related Agen- (3) in section 504, by striking subsection (b)(2) National Park System under section 8 of Public cies Appropriations Act, 1996 (Public Law 104– and by redesignating subsection (b)(3) as sub- Law 91–383 (16 U.S.C. 1a–5). 134; 110 Stat. 1321–199; 40 U.S.C. 872 note) is section (b)(2); and (3) CONSULTATION.—In conducting the study, amended by striking ‘‘map entitled ‘Pennsyl- (4) in section 505(b)(1), by striking ‘‘106’’ and the Secretary shall consult with— vania Avenue National Historic Park’, dated inserting ‘‘506’’. (A) Modoc County; June 1, 1995, and numbered 840–82441’’ and in- SEC. 7118. FORT DAVIS NATIONAL HISTORIC SITE. (B) the State of California; serting ‘‘map entitled ‘Pennsylvania Avenue Public Law 87–213 (16 U.S.C. 461 note) is (C) appropriate Federal agencies; National Historic Site’, dated August 25, 2008, amended as follows: (D) tribal and local government entities; and numbered 840–82441B’’. (1) In the first section— (E) private and nonprofit organizations; and (2) REFERENCES.—Any reference in a law, (A) by striking ‘‘the Secretary of the Interior’’ (F) private landowners. map, regulation, document, paper, or other and inserting ‘‘(a) The Secretary of the Inte- (4) SCOPE OF STUDY.—The study shall include record of the United States to the Pennsylvania rior’’; an evaluation of— Avenue National Historic Park shall be deemed (B) by striking ‘‘476 acres’’ and inserting ‘‘646 (A) the significance of the site as a part of the to be a reference to the ‘‘Pennsylvania Avenue acres’’; and history of World War II; National Historic Site’’. (C) by adding at the end the following: (B) the significance of the site as the site re- SEC. 7117. DAYTON AVIATION HERITAGE NA- ‘‘(b) The Secretary may acquire from willing lates to other war relocation centers;. TIONAL HISTORICAL PARK, OHIO. sellers land comprising approximately 55 acres, (C) the historical resources of the site, includ- (a) ADDITIONAL AREAS INCLUDED IN PARK.— as depicted on the map titled ‘Fort Davis Pro- ing the stockade, that are intact and in place; Section 101 of the Dayton Aviation Heritage posed Boundary Expansion’, numbered 418/ (D) the contributions made by the local agri- Preservation Act of 1992 (16 U.S.C. 410ww, et 80,045, and dated April 2008. The map shall be cultural community to the World War II effort; seq.) is amended by adding at the end the fol- on file and available for public inspection in the and lowing: appropriate offices of the National Park Service. (E) the potential impact of designation of the ‘‘(c) ADDITIONAL SITES.—In addition to the Upon acquisition of the land, the land shall be site as a unit of the National Park System on sites described in subsection (b), the park shall incorporated into the Fort Davis National His- private landowners. consist of the following sites, as generally de- toric Site.’’. (b) REPORT.—Not later than 3 years after the picted on a map titled ‘Dayton Aviation Herit- (2) By repealing section 3. date on which funds are made available to con- age National Historical Park’, numbered 362/ Subtitle C—Special Resource Studies duct the study required under this section, the 80,013 and dated May 2008: SEC. 7201. WALNUT CANYON STUDY. Secretary shall submit to the Committee on Nat- ‘‘(1) Hawthorn Hill, Oakwood, Ohio. (a) DEFINITIONS.—In this section: ural Resources of the House of Representatives ‘‘(2) The Wright Company factory and associ- (1) MAP.—The term ‘‘map’’ means the map en- and the Committee on Energy and Natural Re- ated land and buildings, Dayton, Ohio.’’. titled ‘‘Walnut Canyon Proposed Study Area’’ sources of the Senate a report describing the (b) PROTECTION OF HISTORIC PROPERTIES.— and dated July 17, 2007. findings, conclusions, and recommendations of Section 102 of the Dayton Aviation Heritage (2) SECRETARIES.—The term ‘‘Secretaries’’ the study. Preservation Act of 1992 (16 U.S.C. 410ww–1) is means the Secretary of the Interior and the Sec- SEC. 7203. ESTATE GRANGE, ST. CROIX. amended— retary of Agriculture, acting jointly. (a) STUDY.—

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(1) IN GENERAL.—The Secretary of the Interior shall use the criteria for the study of areas for SEC. 7208. BATTLE OF MATEWAN SPECIAL RE- (referred to in this section as the ‘‘Secretary’’), potential inclusion in the National Park System SOURCE STUDY. in consultation with the Governor of the Virgin contained in section 8(c) of Public Law 91–383 (a) IN GENERAL.—The Secretary of the Inte- Islands, shall conduct a special resource study (16 U.S.C. 1a–5(c)). rior (referred to in this section as the ‘‘Sec- of Estate Grange and other sites and resources (c) REPORT.—Not later than 3 years after the retary’’) shall conduct a special resource study associated with Alexander Hamilton’s life on St. date on which funds are made available to carry of the sites and resources at Matewan, West Vir- Croix in the United States Virgin Islands. out this section, the Secretary shall submit to ginia, associated with the Battle of Matewan (2) CONTENTS.—In conducting the study under the Committee on Energy and Natural Resources (also known as the ‘‘Matewan Massacre’’) of paragraph (1), the Secretary shall evaluate— of the Senate and the Committee on Natural Re- May 19, 1920, to determine— (A) the national significance of the sites and sources of the House of Representatives a report (1) the suitability and feasibility of desig- resources; and containing the findings, conclusions, and rec- nating certain historic areas of Matewan, West (B) the suitability and feasibility of desig- ommendations of the study conducted under Virginia, as a unit of the National Park System; nating the sites and resources as a unit of the subsection (a). and National Park System. (d) AUTHORIZATION OF APPROPRIATIONS.— (2) the methods and means for the protection (3) CRITERIA.—The criteria for the study of There are authorized to be appropriated such and interpretation of the historic areas by the areas for potential inclusion in the National sums as are necessary to carry out this section. National Park Service, other Federal, State, or Park System contained in section 8 of Public SEC. 7206. GREEN MCADOO SCHOOL, TENNESSEE. local government entities, or private or non- Law 91–383 (16 U.S.C. 1a–5) shall apply to the (a) IN GENERAL.—The Secretary of the Inte- profit organizations. study under paragraph (1). rior (referred to in this section as the ‘‘Sec- (b) STUDY REQUIREMENTS.—The Secretary (4) REPORT.—Not later than 3 years after the retary’’) shall conduct a special resource study shall conduct the study required under sub- date on which funds are first made available for of the site of Green McAdoo School in Clinton, section (a) in accordance with section 8(c) of the study under paragraph (1), the Secretary Tennessee, (referred to in this section as the Public Law 91–383 (16 U.S.C. 1a–5(c)). shall submit to the Committee on Natural Re- ‘‘site’’) to evaluate— (c) REPORT.—Not later than 3 years after the sources of the House of Representatives and the (1) the national significance of the site; and date on which funds are made available to carry Committee on Energy and Natural Resources of (2) the suitability and feasibility of desig- out this section, the Secretary shall submit to the Senate a report containing— nating the site as a unit of the National Park the Committee on Natural Resources of the (A) the results of the study; and System. House of Representatives and the Committee on (B) any findings, conclusions, and rec- (b) CRITERIA.—In conducting the study under Energy and Natural Resources of the Senate a ommendations of the Secretary. subsection (a), the Secretary shall use the cri- report containing— (b) AUTHORIZATION OF APPROPRIATIONS.— teria for the study of areas for potential inclu- (1) the results of the study conducted under There are authorized to be appropriated such sion in the National Park System under section subsection (a); and sums as are necessary to carry out this section. 8(c) of Public Law 91–383 (16 U.S.C. 1a–5(c)). (2) any recommendations of the Secretary SEC. 7204. HARRIET BEECHER STOWE HOUSE, (c) CONTENTS.—The study authorized by this with respect to the historic areas. MAINE. section shall— SEC. 7209. BUTTERFIELD OVERLAND TRAIL. (a) STUDY.— (1) determine the suitability and feasibility of (a) IN GENERAL.—The Secretary of the Inte- (1) IN GENERAL.—Not later than 3 years after designating the site as a unit of the National rior (referred to in this section as the ‘‘Sec- the date on which funds are made available to Park System; retary’’) shall conduct a special resource study carry out this section, the Secretary of the Inte- (2) include cost estimates for any necessary along the route known as the ‘‘Ox-Bow Route’’ rior (referred to in this section as the ‘‘Sec- acquisition, development, operation, and main- of the Butterfield Overland Trail (referred to in retary’’) shall complete a special resource study tenance of the site; and this section as the ‘‘route’’) in the States of Mis- of the Harriet Beecher Stowe House in Bruns- (3) identify alternatives for the management, souri, Tennessee, Arkansas, Oklahoma, Texas, wick, Maine, to evaluate— administration, and protection of the site. New Mexico, Arizona, and California to evalu- (d) REPORT.—Not later than 3 years after the (A) the national significance of the Harriet ate— date on which funds are made available to carry Beecher Stowe House and surrounding land; (1) a range of alternatives for protecting and out this section, the Secretary shall submit to and interpreting the resources of the route, includ- the Committee on Natural Resources of the (B) the suitability and feasibility of desig- ing alternatives for potential addition of the House of Representatives and the Committee on nating the Harriet Beecher Stowe House and Trail to the National Trails System; and Energy and Natural Resources of the Senate a surrounding land as a unit of the National Park (2) the methods and means for the protection report that describes— System. and interpretation of the route by the National (1) the findings and conclusions of the study; (2) STUDY GUIDELINES.—In conducting the Park Service, other Federal, State, or local gov- and ernment entities, or private or nonprofit organi- study authorized under paragraph (1), the Sec- (2) any recommendations of the Secretary. retary shall use the criteria for the study of zations. SEC. 7207. HARRY S TRUMAN BIRTHPLACE, MIS- areas for potential inclusion in the National (b) STUDY REQUIREMENTS.—The Secretary SOURI. Park System contained in section 8(c) of Public shall conduct the study required under sub- (a) IN GENERAL.—The Secretary of the Inte- Law 91–383 (16 U.S.C. 1a–5(c)). section (a) in accordance with section 8(c) of rior (referred to in this section as the ‘‘Sec- (b) REPORT.—On completion of the study re- Public Law 91–383 (16 U.S.C. 1a–5(c)) or section retary’’) shall conduct a special resource study quired under subsection (a), the Secretary shall 5(b) of the National Trails System Act (16 U.S.C. of the Harry S Truman Birthplace State Historic submit to the Committee on Energy and Natural 1244(b)), as appropriate. Site (referred to in this section as the ‘‘birth- Resources of the Senate and the Committee on (c) REPORT.—Not later than 3 years after the place site’’) in Lamar, Missouri, to determine— date on which funds are made available to carry Natural Resources of the House of Representa- (1) the suitability and feasibility of— out this section, the Secretary shall submit to tives a report containing the findings, conclu- (A) adding the birthplace site to the Harry S the Committee on Natural Resources of the sions, and recommendations of the study. Truman National Historic Site; or (c) AUTHORIZATION OF APPROPRIATIONS.— (B) designating the birthplace site as a sepa- House of Representatives and the Committee on There are authorized to be appropriated such rate unit of the National Park System; and Energy and Natural Resources of the Senate a sums as are necessary to carry out this section. (2) the methods and means for the protection report containing— SEC. 7205. SHEPHERDSTOWN BATTLEFIELD, WEST and interpretation of the birthplace site by the (1) the results of the study conducted under VIRGINIA. National Park Service, other Federal, State, or subsection (a); and (a) SPECIAL RESOURCES STUDY.—The Sec- local government entities, or private or non- (2) any recommendations of the Secretary retary of the Interior (referred to in this section profit organizations. with respect to the route. as the ‘‘Secretary’’) shall conduct a special re- (b) STUDY REQUIREMENTS.—The Secretary SEC. 7210. COLD WAR SITES THEME STUDY. source study relating to the Battle of shall conduct the study required under sub- (a) DEFINITIONS.— Shepherdstown in Shepherdstown, West Vir- section (a) in accordance with section 8(c) of (1) ADVISORY COMMITTEE.—The term ‘‘Advi- ginia, to evaluate— Public Law 91–383 (16 U.S.C. 1a–5(c)). sory Committee’’ means the Cold War Advisory (1) the national significance of the (c) REPORT.—Not later than 3 years after the Committee established under subsection (c). Shepherdstown battlefield and sites relating to date on which funds are made available to carry (2) SECRETARY.—The term ‘‘Secretary’’ means the Shepherdstown battlefield; and out this section, the Secretary shall submit to the Secretary of the Interior. (2) the suitability and feasibility of adding the the Committee on Natural Resources of the (3) THEME STUDY.—The term ‘‘theme study’’ Shepherdstown battlefield and sites relating to House of Representatives and the Committee on means the national historic landmark theme the Shepherdstown battlefield as part of— Energy and Natural Resources of the Senate a study conducted under subsection (b)(1). (A) Harpers Ferry National Historical Park; report containing— (b) COLD WAR THEME STUDY.— or (1) the results of the study conducted under (1) IN GENERAL.—The Secretary shall conduct (B) Antietam National Battlefield. subsection (a); and a national historic landmark theme study to (b) CRITERIA.—In conducting the study au- (2) any recommendations of the Secretary identify sites and resources in the United States thorized under subsection (a), the Secretary with respect to the birthplace site. that are significant to the Cold War.

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(2) RESOURCES.—In conducting the theme (1) prepare and publish an interpretive hand- tles were fought on American soil during the study, the Secretary shall consider— book on the Cold War; and armed conflicts that shaped the growth and de- (A) the inventory of sites and resources associ- (2) disseminate information in the theme study velopment of the United States, in order that ated with the Cold War completed by the Sec- by other appropriate means. present and future generations may learn and retary of Defense under section 8120(b)(9) of the (e) AUTHORIZATION OF APPROPRIATIONS.— gain inspiration from the ground where Ameri- Department of Defense Appropriations Act, 1991 There are authorized to be appropriated to carry cans made their ultimate sacrifice. (Public Law 101–511; 104 Stat. 1906); and out this section $500,000. (b) PRESERVATION ASSISTANCE.— (B) historical studies and research of Cold SEC. 7211. BATTLE OF CAMDEN, SOUTH CARO- (1) IN GENERAL.—Using the established na- War sites and resources, including— LINA. tional historic preservation program to the ex- (i) intercontinental ballistic missiles; (a) IN GENERAL.—The Secretary shall com- tent practicable, the Secretary of the Interior, (ii) flight training centers; plete a special resource study of the site of the acting through the American Battlefield Protec- (iii) manufacturing facilities; Battle of Camden fought in South Carolina on tion Program, shall encourage, support, assist, (iv) communications and command centers August 16, 1780, and the site of Historic Cam- recognize, and work in partnership with citi- (such as Cheyenne Mountain, Colorado); den, which is a National Park System Affiliated zens, Federal, State, local, and tribal govern- (v) defensive radar networks (such as the Dis- Area, to determine— ments, other public entities, educational institu- tant Early Warning Line); (1) the suitability and feasibility of desig- tions, and private nonprofit organizations in (vi) nuclear weapons test sites (such as the nating the sites as a unit or units of the Na- identifying, researching, evaluating, inter- Nevada test site); and tional Park System; and preting, and protecting historic battlefields and (vii) strategic and tactical aircraft. (2) the methods and means for the protection associated sites on a National, State, and local (3) CONTENTS.—The theme study shall in- and interpretation of these sites by the National level. clude— Park Service, other Federal, State, or local gov- (2) FINANCIAL ASSISTANCE.—To carry out (A) recommendations for commemorating and ernment entities or private or non-profit organi- paragraph (1), the Secretary may use a coopera- interpreting sites and resources identified by the zations. tive agreement, grant, contract, or other gen- theme study, including— (b) STUDY REQUIREMENTS.—The Secretary erally adopted means of providing financial as- (i) sites for which studies for potential inclu- shall conduct the study in accordance with sec- sistance. sion in the National Park System should be au- tion 8(c) of Public Law 91–383 (16 U.S.C. 1a– (3) AUTHORIZATION OF APPROPRIATIONS.— thorized; 5(c)). There are authorized to be appropriated (ii) sites for which new national historic land- (c) REPORT.—Not later than 3 years after the $3,000,000 annually to carry out this subsection, marks should be nominated; and date on which funds are made available to carry to remain available until expended. (iii) other appropriate designations; out this section, the Secretary shall submit to (c) BATTLEFIELD ACQUISITION GRANT PRO- (B) recommendations for cooperative agree- the Committee on Natural Resources of the GRAM.— (1) DEFINITIONS.—In this subsection: ments with— House of Representatives and the Committee on (A) BATTLEFIELD REPORT.—The term ‘‘Battle- (i) State and local governments; Energy and Natural Resources of the Senate a (ii) local historical organizations; and field Report’’ means the document entitled ‘‘Re- report containing— port on the Nation’s Civil War Battlefields’’, (iii) other appropriate entities; and (1) the results of the study; and prepared by the Civil War Sites Advisory Com- (C) an estimate of the amount required to (2) any recommendations of the Secretary. carry out the recommendations under subpara- mission, and dated July 1993. SEC. 7212. FORT SAN GERO´ NIMO, PUERTO RICO. graphs (A) and (B). (B) ELIGIBLE ENTITY.—The term ‘‘eligible enti- (a) DEFINITIONS.—In this section: (4) CONSULTATION.—In conducting the theme ty’’ means a State or local government. (1) FORT SAN GERO´ NIMO.—The term ‘‘Fort San study, the Secretary shall consult with— (C) ELIGIBLE SITE.—The term ‘‘eligible site’’ Gero´nimo’’ (also known as ‘‘Fortı´n de San (A) the Secretary of the Air Force; means a site— Gero´nimo del Boquero´n’’) means the fort and (B) State and local officials; (i) that is not within the exterior boundaries (C) State historic preservation offices; and grounds listed on the National Register of His- of a unit of the National Park System; and (ii) that is identified in the Battlefield Report. (D) other interested organizations and indi- toric Places and located near Old San Juan, (D) SECRETARY.—The term ‘‘Secretary’’ means viduals. Puerto Rico. (2) RELATED RESOURCES.—The term ‘‘related the Secretary of the Interior, acting through the (5) REPORT.—Not later than 3 years after the American Battlefield Protection Program. date on which funds are made available to carry resources’’ means other parts of the fortification system of old San Juan that are not included (2) ESTABLISHMENT.—The Secretary shall es- out this section, the Secretary shall submit to tablish a battlefield acquisition grant program the Committee on Natural Resources of the within the boundary of San Juan National His- toric Site, such as sections of the City Wall or under which the Secretary may provide grants House of Representatives and the Committee on to eligible entities to pay the Federal share of Energy and Natural Resources of the Senate a other fortifications. (b) STUDY.— the cost of acquiring interests in eligible sites for report that describes the findings, conclusions, (1) IN GENERAL.—The Secretary shall complete the preservation and protection of those eligible and recommendations of the theme study. a special resource study of Fort San Gero´nimo sites. (c) COLD WAR ADVISORY COMMITTEE.— and other related resources, to determine— (3) NONPROFIT PARTNERS.—An eligible entity (1) ESTABLISHMENT.—As soon as practicable (A) the suitability and feasibility of including may acquire an interest in an eligible site using after funds are made available to carry out this Fort San Gero´nimo and other related resources a grant under this subsection in partnership section, the Secretary shall establish an advi- in the Commonwealth of Puerto Rico as part of with a nonprofit organization. sory committee, to be known as the ‘‘Cold War San Juan National Historic Site; and (4) NON-FEDERAL SHARE.—The non-Federal Advisory Committee’’, to assist the Secretary in (B) the methods and means for the protection share of the total cost of acquiring an interest in carrying out this section. and interpretation of Fort San Gero´nimo and an eligible site under this subsection shall be not (2) COMPOSITION.—The Advisory Committee other related resources by the National Park less than 50 percent. shall be composed of 9 members, to be appointed Service, other Federal, State, or local govern- (5) LIMITATION ON LAND USE.—An interest in by the Secretary, of whom— ment entities or private or non-profit organiza- an eligible site acquired under this subsection (A) 3 shall have expertise in Cold War history; tions. shall be subject to section 6(f)(3) of the Land (B) 2 shall have expertise in historic preserva- (2) STUDY REQUIREMENTS.—The Secretary and Water Conservation Fund Act of 1965 (16 tion; shall conduct the study in accordance with sec- U.S.C. 460l–8(f)(3)). (C) 1 shall have expertise in the history of the tion 8(c) of Public Law 91–383 (16 U.S.C. 1a– (6) AUTHORIZATION OF APPROPRIATIONS.— United States; and 5(c)). There is authorized to be appropriated to the (D) 3 shall represent the general public. (c) REPORT.—Not later than 3 years after the Secretary to provide grants under this sub- (3) CHAIRPERSON.—The Advisory Committee date on which funds are made available to carry section $10,000,000 for each of fiscal years 2009 shall select a chairperson from among the mem- out this section, the Secretary shall submit to through 2013. bers of the Advisory Committee. the Committee on Natural Resources of the SEC. 7302. PRESERVE AMERICA PROGRAM. (4) COMPENSATION.—A member of the Advisory (a) PURPOSE.—The purpose of this section is Committee shall serve without compensation but House of Representatives and the Committee on Energy and Natural Resources of the Senate a to authorize the Preserve America Program, in- may be reimbursed by the Secretary for expenses cluding— reasonably incurred in the performance of the report containing— (1) the results of the study; and (1) the Preserve America grant program within duties of the Advisory Committee. (2) any recommendations of the Secretary. the Department of the Interior; (5) MEETINGS.—On at least 3 occasions, the (2) the recognition programs administered by Secretary (or a designee) shall meet and consult Subtitle D—Program Authorizations the Advisory Council on Historic Preservation; with the Advisory Committee on matters relating SEC. 7301. AMERICAN BATTLEFIELD PROTECTION and to the theme study. PROGRAM. (3) the related efforts of Federal agencies, (d) INTERPRETIVE HANDBOOK ON THE COLD (a) PURPOSE.—The purpose of this section is working in partnership with State, tribal, and WAR.—Not later than 4 years after the date on to assist citizens, public and private institutions, local governments and the private sector, to sup- which funds are made available to carry out and governments at all levels in planning, inter- port and promote the preservation of historic re- this section, the Secretary shall— preting, and protecting sites where historic bat- sources.

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(b) DEFINITIONS.—In this section: (B) FORM OF NON-FEDERAL SHARE.—The non- (3) HISTORIC PROPERTY.—The term ‘‘historic (1) COUNCIL.—The term ‘‘Council’’ means the Federal share required under subparagraph (A) property’’ has the meaning given the term in Advisory Council on Historic Preservation. shall be in the form of— section 301 of the National Historic Preservation (2) HERITAGE TOURISM.—The term ‘‘heritage (i) cash; or Act (16 U.S.C. 470w). tourism’’ means the conduct of activities to at- (ii) donated supplies and related services, the (4) NATIONALLY SIGNIFICANT.—The term ‘‘na- tract and accommodate visitors to a site or area value of which shall be determined by the Sec- tionally significant’’ means a collection or his- based on the unique or special aspects of the retary. toric property that meets the applicable criteria history, landscape (including trail systems), and (C) REQUIREMENT.—The Secretary shall en- for national significance, in accordance with culture of the site or area. sure that each applicant for a grant has the ca- regulations promulgated by the Secretary pursu- (3) PROGRAM.—The term ‘‘program’’ means pacity to secure, and a feasible plan for secur- ant to section 101(a)(2) of the National Historic the Preserve America Program established under ing, the non-Federal share for an eligible project Preservation Act (16 U.S.C. 470a(a)(2)). subsection (c)(1). required under subparagraph (A) before a grant (5) PROGRAM.—The term ‘‘program’’ means (4) SECRETARY.—The term ‘‘Secretary’’ means is provided to the eligible project under the pro- the Save America’s Treasures Program estab- the Secretary of the Interior. gram. lished under subsection (c)(1). (c) ESTABLISHMENT.— (d) DESIGNATION OF PRESERVE AMERICA COM- (6) SECRETARY.—The term ‘‘Secretary’’ means (1) IN GENERAL.—There is established in the MUNITIES.— the Secretary of the Interior, acting through the Department of the Interior the Preserve America (1) APPLICATION.—To be considered for des- Director of the National Park Service. Program, under which the Secretary, in part- ignation as a Preserve America Community, a (c) ESTABLISHMENT.— nership with the Council, may provide competi- community, tribal area, or neighborhood shall (1) IN GENERAL.—There is established in the tive grants to States, local governments (includ- submit to the Council an application containing Department of the Interior the Save America’s ing local governments in the process of applying such information as the Council may require. Treasures program, under which the amounts for designation as Preserve America Commu- (2) CRITERIA.—To be designated as a Preserve made available to the Secretary under sub- nities under subsection (d)), Indian tribes, com- America Community under the program, a com- section (e) shall be used by the Secretary, in munities designated as Preserve America Com- munity, tribal area, or neighborhood that sub- consultation with the organizations described in munities under subsection (d), State historic mits an application under paragraph (1) shall, subsection (a), subject to paragraph (6)(A)(ii), to preservation offices, and tribal historic preser- as determined by the Council, in consultation provide grants to eligible entities for projects to vation offices to support preservation efforts with the Secretary, meet criteria required by the preserve nationally significant collections and through heritage tourism, education, and his- Council and, in addition, consider— historic properties. toric preservation planning activities. (A) protection and celebration of the heritage (2) DETERMINATION OF GRANTS.—Of the (2) ELIGIBLE PROJECTS.— of the community, tribal area, or neighborhood; amounts made available for grants under sub- (A) IN GENERAL.—The following projects shall (B) use of the historic assets of the commu- section (e), not less than 50 percent shall be be eligible for a grant under this section: nity, tribal area, or neighborhood for economic made available for grants for projects to pre- (i) A project for the conduct of— development and community revitalization; and serve collections and historic properties, to be (I) research on, and documentation of, the (C) encouragement of people to experience and distributed through a competitive grant process history of a community; and appreciate local historic resources through edu- administered by the Secretary, subject to the eli- (II) surveys of the historic resources of a com- cation and heritage tourism programs. gibility criteria established under paragraph (5). munity. (3) LOCAL GOVERNMENTS PREVIOUSLY CER- (3) APPLICATIONS FOR GRANTS.—To be consid- (ii) An education and interpretation project TIFIED FOR HISTORIC PRESERVATION ACTIVI- ered for a competitive grant under the program that conveys the history of a community or site. TIES.—The Council shall establish an expedited an eligible entity shall submit to the Secretary (iii) A planning project (other than building process for Preserve America Community des- an application containing such information as rehabilitation) that advances economic develop- ignation for local governments previously cer- the Secretary may require. ment using heritage tourism and historic preser- tified for historic preservation activities under (4) COLLECTIONS AND HISTORIC PROPERTIES EL- vation. section 101(c)(1) of the National Historic Preser- IGIBLE FOR COMPETITIVE GRANTS.— (iv) A training project that provides opportu- vation Act (16 U.S.C. 470a(c)(1)). (A) IN GENERAL.—A collection or historic prop- nities for professional development in areas that (4) GUIDELINES.—The Council, in consultation erty shall be provided a competitive grant under would aid a community in using and promoting with the Secretary, shall establish any guide- the program only if the Secretary determines its historic resources. lines that are necessary to carry out this sub- that the collection or historic property is— (v) A project to support heritage tourism in a section. (i) nationally significant; and Preserve America Community designated under (e) REGULATIONS.—The Secretary shall de- (ii) threatened or endangered. subsection (d). velop any guidelines and issue any regulations (B) ELIGIBLE COLLECTIONS.—A determination (vi) Other nonconstruction projects that iden- that the Secretary determines to be necessary to by the Secretary regarding the national signifi- tify or promote historic properties or provide for carry out this section. cance of collections under subparagraph (A)(i) the education of the public about historic prop- (f) AUTHORIZATION OF APPROPRIATIONS.— shall be made in consultation with the organiza- erties that are consistent with the purposes of There is authorized to be appropriated to carry tions described in subsection (a), as appropriate. this section. out this section $25,000,000 for each fiscal year, (C) ELIGIBLE HISTORIC PROPERTIES.—To be eli- (B) LIMITATION.—In providing grants under to remain available until expended. gible for a competitive grant under the program, this section, the Secretary shall only provide 1 SEC. 7303. SAVE AMERICA’S TREASURES PRO- a historic property shall, as of the date of the grant to each eligible project selected for a GRAM. grant application— grant. (a) PURPOSE.—The purpose of this section is (i) be listed in the National Register of His- (3) PREFERENCE.—In providing grants under to authorize within the Department of the Inte- toric Places at the national level of significance; this section, the Secretary may give preference rior the Save America’s Treasures Program, to or to projects that carry out the purposes of both be carried out by the Director of the National (ii) be designated as a National Historic Land- the program and the Save America’s Treasures Park Service, in partnership with— mark. Program. (1) the National Endowment for the Arts; (5) SELECTION CRITERIA FOR GRANTS.— (4) CONSULTATION AND NOTIFICATION.— (2) the National Endowment for the Human- (A) IN GENERAL.—The Secretary shall not pro- (A) CONSULTATION.—The Secretary shall con- ities; vide a grant under this section to a project for sult with the Council in preparing the list of (3) the Institute of Museum and Library Serv- an eligible collection or historic property unless projects to be provided grants for a fiscal year ices; the project— under the program. (4) the National Trust for Historic Preserva- (i) eliminates or substantially mitigates the (B) NOTIFICATION.—Not later than 30 days be- tion; threat of destruction or deterioration of the eli- fore the date on which the Secretary provides (5) the National Conference of State Historic gible collection or historic property; grants for a fiscal year under the program, the Preservation Officers; (ii) has a clear public benefit; and Secretary shall submit to the Committee on En- (6) the National Association of Tribal Historic (iii) is able to be completed on schedule and ergy and Natural Resources of the Senate, the Preservation Officers; and within the budget described in the grant appli- Committee on Appropriations of the Senate, the (7) the President’s Committee on the Arts and cation. Committee on Natural Resources of the House of the Humanities. (B) PREFERENCE.—In providing grants under Representatives, and the Committee on Appro- (b) DEFINITIONS.—In this section: this section, the Secretary may give preference priations of the House of Representatives a list (1) COLLECTION.—The term ‘‘collection’’ to projects that carry out the purposes of both of any eligible projects that are to be provided means a collection of intellectual and cultural the program and the Preserve America Program. grants under the program for the fiscal year. artifacts, including documents, sculpture, and (C) LIMITATION.—In providing grants under (5) COST-SHARING REQUIREMENT.— works of art. this section, the Secretary shall only provide 1 (A) IN GENERAL.—The non-Federal share of (2) ELIGIBLE ENTITY.—The term ‘‘eligible enti- grant to each eligible project selected for a the cost of carrying out a project provided a ty’’ means a Federal entity, State, local, or trib- grant. grant under this section shall be not less than 50 al government, educational institution, or non- (6) CONSULTATION AND NOTIFICATION BY SEC- percent of the total cost of the project. profit organization. RETARY.—

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(A) CONSULTATION.— 1998 (16 U.S.C. 5958(d)) is amended in the first (B) facilitate activities relating to the com- (i) IN GENERAL.—Subject to clause (ii), the sentence by striking ‘‘2008’’ and inserting memoration throughout the United States; Secretary shall consult with the organizations ‘‘2009’’. (C) encourage civic, patriotic, historical, edu- described in subsection (a) in preparing the list SEC. 7404. ST. AUGUSTINE 450TH COMMEMORA- cational, artistic, religious, economic, and other of projects to be provided grants for a fiscal year TION COMMISSION. organizations throughout the United States to by the Secretary under the program. (a) DEFINITIONS.—In this section: organize and participate in anniversary activi- (ii) LIMITATION.—If an entity described in (1) COMMEMORATION.—The term ‘‘commemora- ties to expand understanding and appreciation clause (i) has submitted an application for a tion’’ means the commemoration of the 450th an- of the significance of the founding and con- grant under the program, the entity shall be niversary of the founding of the settlement of tinuing history of St. Augustine; recused by the Secretary from the consultation St. Augustine, Florida. (D) provide technical assistance to States, lo- requirements under that clause and paragraph (2) COMMISSION.—The term ‘‘Commission’’ calities, and nonprofit organizations to further (1). means the St. Augustine 450th Commemoration the commemoration; (B) NOTIFICATION.—Not later than 30 days be- Commission established by subsection (b)(1). (E) coordinate and facilitate for the public fore the date on which the Secretary provides (3) GOVERNOR.—The term ‘‘Governor’’ means scholarly research on, publication about, and grants for a fiscal year under the program, the the Governor of the State. interpretation of, St. Augustine; Secretary shall submit to the Committee on En- (4) SECRETARY.—The term ‘‘Secretary’’ means (F) ensure that the commemoration provides a ergy and Natural Resources of the Senate, the the Secretary of the Interior. lasting legacy and long-term public benefit by Committee on Appropriations of the Senate, the (5) STATE.— assisting in the development of appropriate pro- Committee on Natural Resources of the House of (A) IN GENERAL.—The term ‘‘State’’ means the grams; and Representatives, and the Committee on Appro- State of Florida. (G) help ensure that the observances of the priations of the House of Representatives a list (B) INCLUSION.—The term ‘‘State’’ includes foundation of St. Augustine are inclusive and of any eligible projects that are to be provided agencies and entities of the State of Florida. appropriately recognize the experiences and her- grants under the program for the fiscal year. (b) ESTABLISHMENT.— itage of all individuals present when St. Augus- (7) COST-SHARING REQUIREMENT.— (1) IN GENERAL.—There is established a com- tine was founded. (A) IN GENERAL.—The non-Federal share of mission, to be known as the ‘‘St. Augustine (c) COMMISSION MEETINGS.— the cost of carrying out a project provided a 450th Commemoration Commission’’. (1) INITIAL MEETING.—Not later than 30 days grant under this section shall be not less than 50 (2) MEMBERSHIP.— after the date on which all members of the Com- percent of the total cost of the project. (A) COMPOSITION.—The Commission shall be mission have been appointed, the Commission (B) FORM OF NON-FEDERAL SHARE.—The non- composed of 14 members, of whom— shall hold the initial meeting of the Commission. Federal share required under subparagraph (A) (i) 3 members shall be appointed by the Sec- (2) MEETINGS.—The Commission shall meet— shall be in the form of— retary, after considering the recommendations of (A) at least 3 times each year; or (i) cash; or the St. Augustine City Commission; (B) at the call of the Chairperson or the ma- (ii) donated supplies or related services, the (ii) 3 members shall be appointed by the Sec- jority of the members of the Commission. (3) QUORUM.—A majority of the voting mem- value of which shall be determined by the Sec- retary, after considering the recommendations of bers shall constitute a quorum, but a lesser retary. the Governor; number may hold meetings. (C) REQUIREMENT.—The Secretary shall en- (iii) 1 member shall be an employee of the Na- (4) CHAIRPERSON AND VICE CHAIRPERSON.— sure that each applicant for a grant has the ca- tional Park Service having experience relevant (A) ELECTION.—The Commission shall elect pacity and a feasible plan for securing the non- to the historical resources relating to the city of the Chairperson and the Vice Chairperson of Federal share for an eligible project required St. Augustine and the commemoration, to be ap- the Commission on an annual basis. under subparagraph (A) before a grant is pro- pointed by the Secretary; (B) ABSENCE OF THE CHAIRPERSON.—The Vice vided to the eligible project under the program. (iv) 1 member shall be appointed by the Sec- Chairperson shall serve as the Chairperson in (d) REGULATIONS.—The Secretary shall de- retary, taking into consideration the rec- the absence of the Chairperson. velop any guidelines and issue any regulations ommendations of the Mayor of the city of St. (5) VOTING.—The Commission shall act only that the Secretary determines to be necessary to Augustine; on an affirmative vote of a majority of the mem- carry out this section. (v) 1 member shall be appointed by the Sec- bers of the Commission. (e) AUTHORIZATION OF APPROPRIATIONS.— retary, after considering the recommendations of (d) COMMISSION POWERS.— There is authorized to be appropriated to carry the Chancellor of the University System of Flor- (1) GIFTS.—The Commission may solicit, ac- out this section $50,000,000 for each fiscal year, ida; and cept, use, and dispose of gifts, bequests, or de- to remain available until expended. (vi) 5 members shall be individuals who are vises of money or other property for aiding or SEC. 7304. ROUTE 66 CORRIDOR PRESERVATION residents of the State who have an interest in, facilitating the work of the Commission. PROGRAM. support for, and expertise appropriate to the (2) APPOINTMENT OF ADVISORY COMMITTEES.— Section 4 of Public Law 106–45 (16 U.S.C. 461 commemoration, to be appointed by the Sec- The Commission may appoint such advisory note; 113 Stat. 226) is amended by striking retary, taking into consideration the rec- committees as the Commission determines to be ‘‘2009’’ and inserting ‘‘2019’’. ommendations of Members of Congress. necessary to carry out this section. SEC. 7305. NATIONAL CAVE AND KARST RE- (B) TIME OF APPOINTMENT.—Each appoint- (3) AUTHORIZATION OF ACTION.—The Commis- SEARCH INSTITUTE. ment of an initial member of the Commission sion may authorize any member or employee of The National Cave and Karst Research Insti- shall be made before the expiration of the 120- the Commission to take any action that the tute Act of 1998 (16 U.S.C. 4310 note; Public Law day period beginning on the date of enactment Commission is authorized to take under this sec- 105–325) is amended by striking section 5 and in- of this Act. tion. serting the following: (C) TERM; VACANCIES.— (4) PROCUREMENT.— ‘‘SEC. 5. AUTHORIZATION OF APPROPRIATIONS. (i) TERM.—A member of the Commission shall (A) IN GENERAL.—The Commission may pro- ‘‘There are authorized to be appropriated be appointed for the life of the Commission. cure supplies, services, and property, and make such sums as are necessary to carry out this (ii) VACANCIES.— or enter into contracts, leases, or other legal Act.’’. (I) IN GENERAL.—A vacancy on the Commis- agreements, to carry out this section (except sion shall be filled in the same manner in which Subtitle E—Advisory Commissions that a contract, lease, or other legal agreement the original appointment was made. made or entered into by the Commission shall SEC. 7401. NA HOA PILI O KALOKO-HONOKOHAU (II) PARTIAL TERM.—A member appointed to not extend beyond the date of termination of the ADVISORY COMMISSION. fill a vacancy on the Commission shall serve for Commission). Section 505(f)(7) of the National Parks and the remainder of the term for which the prede- (B) LIMITATION.—The Commission may not Recreation Act of 1978 (16 U.S.C. 396d(f)(7)) is cessor of the member was appointed. purchase real property. amended by striking ‘‘ten years after the date of (iii) CONTINUATION OF MEMBERSHIP.—If a (5) POSTAL SERVICES.—The Commission may enactment of the Na Hoa Pili O Kaloko- member of the Commission was appointed to the use the United States mails in the same manner Honokohau Re-establishment Act of 1996’’ and Commission as Mayor of the city of St. Augus- and under the same conditions as other agencies inserting ‘‘on December 31, 2018’’. tine or as an employee of the National Park of the Federal Government. SEC. 7402. CAPE COD NATIONAL SEASHORE ADVI- Service or the State University System of Flor- (6) GRANTS AND TECHNICAL ASSISTANCE.—The SORY COMMISSION. ida, and ceases to hold such position, that mem- Commission may— Effective September 26, 2008, section 8(a) of ber may continue to serve on the Commission for (A) provide grants in amounts not to exceed Public Law 87–126 (16 U.S.C. 459b–7(a)) is not longer than the 30-day period beginning on $20,000 per grant to communities and nonprofit amended in the second sentence by striking the date on which that member ceases to hold organizations for use in developing programs to ‘‘2008’’ and inserting ‘‘2018’’. the position. assist in the commemoration; SEC. 7403. CONCESSIONS MANAGEMENT ADVI- (3) DUTIES.—The Commission shall— (B) provide grants to research and scholarly SORY BOARD. (A) plan, develop, and carry out programs organizations to research, publish, or distribute Section 409(d) of the National Park Service and activities appropriate for the commemora- information relating to the early history of St. Concessions Management Improvement Act of tion; Augustine; and

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(C) provide technical assistance to States, lo- appropriation, fund, or account used for paying (B) MEMBERSHIP REQUIREMENTS.—Members of calities, and nonprofit organizations to further the amounts reimbursed. the Board shall include representatives from a the commemoration. (9) FACA NONAPPLICABILITY.—Section 14(b) of broad cross-section of the individuals, agencies, (e) COMMISSION PERSONNEL MATTERS.— the Federal Advisory Committee Act (5 U.S.C. organizations, and governments that were in- (1) COMPENSATION OF MEMBERS.— App.) shall not apply to the Commission. volved in the planning and development of the (A) IN GENERAL.—Except as provided in para- (10) NO EFFECT ON AUTHORITY.—Nothing in Heritage Area before the date of enactment of graph (2), a member of the Commission shall this subsection supersedes the authority of the this Act. serve without compensation. State, the National Park Service, the city of St. (c) ADMINISTRATION.— (B) FEDERAL EMPLOYEES.—A member of the Augustine, or any designee of those entities, (1) AUTHORITIES.—For purposes of carrying Commission who is an officer or employee of the with respect to the commemoration. out the management plan, the Secretary, acting Federal Government shall serve without com- (f) PLANS; REPORTS.— through the management entity, may use pensation other than the compensation received (1) STRATEGIC PLAN.—The Commission shall amounts made available under this section to— for the services of the member as an officer or prepare a strategic plan for the activities of the (A) make grants to the State or a political sub- employee of the Federal Government. Commission carried out under this section. division of the State, nonprofit organizations, (2) FINAL REPORT.—Not later than September (2) TRAVEL EXPENSES.—A member of the Com- and other persons; 30, 2015, the Commission shall complete and sub- mission shall be allowed travel expenses, includ- (B) enter into cooperative agreements with, or mit to Congress a final report that contains— ing per diem in lieu of subsistence, at rates au- provide technical assistance to, the State or a (A) a summary of the activities of the Commis- thorized for an employee of an agency under political subdivision of the State, nonprofit or- sion; subchapter I of chapter 57 of title 5, United (B) a final accounting of funds received and ganizations, and other interested parties; States Code, while away from the home or reg- expended by the Commission; and (C) hire and compensate staff, which shall in- ular place of business of the member in the per- (C) the findings and recommendations of the clude individuals with expertise in natural, cul- formance of the duties of the Commission. Commission. tural, and historical resources protection, and (3) DIRECTOR AND STAFF.— (g) AUTHORIZATION OF APPROPRIATIONS.— heritage programming; (A) IN GENERAL.—The Chairperson of the (1) IN GENERAL.—There is authorized to be ap- (D) obtain money or services from any source Commission may, without regard to the civil propriated to the Commission to carry out this including any that are provided under any service laws (including regulations), nominate section $500,000 for each of fiscal years 2009 other Federal law or program; an executive director to enable the Commission through 2015. (E) contract for goods or services; and to perform the duties of the Commission. (2) AVAILABILITY.—Amounts made available (F) undertake to be a catalyst for any other (B) CONFIRMATION OF EXECUTIVE DIRECTOR.— under paragraph (1) shall remain available activity that furthers the Heritage Area and is The employment of an executive director shall until December 31, 2015. consistent with the approved management plan. be subject to confirmation by the Commission. (h) TERMINATION OF COMMISSION.— (2) DUTIES.—The management entity shall— (4) COMPENSATION.— (1) DATE OF TERMINATION.—The Commission (A) in accordance with subsection (d), prepare (A) IN GENERAL.—Except as provided in sub- shall terminate on December 31, 2015. and submit a management plan for the Heritage paragraph (B), the Commission may fix the com- (2) TRANSFER OF DOCUMENTS AND MATE- Area to the Secretary; pensation of the executive director and other RIALS.—Before the date of termination specified (B) assist units of local government, regional personnel without regard to the provisions of in paragraph (1), the Commission shall transfer planning organizations, and nonprofit organi- chapter 51 and subchapter III of chapter 53 of all documents and materials of the Commission zations in carrying out the approved manage- title 5, United States Code, relating to classifica- to the National Archives or another appropriate ment plan by— tion of positions and General Schedule pay Federal entity. (i) carrying out programs and projects that rates. TITLE VIII—NATIONAL HERITAGE AREAS recognize, protect, and enhance important re- (B) MAXIMUM RATE OF PAY.—The rate of pay Subtitle A—Designation of National Heritage source values in the Heritage Area; for the executive director and other personnel Areas (ii) establishing and maintaining interpretive shall not exceed the rate payable for level V of SEC. 8001. SANGRE DE CRISTO NATIONAL HERIT- exhibits and programs in the Heritage Area; the Executive Schedule under section 5316 of AGE AREA, COLORADO. (iii) developing recreational and educational title 5, United States Code. (a) DEFINITIONS.—In this section: opportunities in the Heritage Area; (5) DETAIL OF GOVERNMENT EMPLOYEES.— (1) HERITAGE AREA.—The term ‘‘Heritage (iv) increasing public awareness of, and ap- (A) FEDERAL EMPLOYEES.— Area’’ means the Sangre de Cristo National Her- preciation for, natural, historical, scenic, and (i) DETAIL.—At the request of the Commission, itage Area established by subsection (b)(1). cultural resources of the Heritage Area; the head of any Federal agency may detail, on (2) MANAGEMENT ENTITY.—The term ‘‘manage- (v) protecting and restoring historic sites and a reimbursable or nonreimbursable basis, any of ment entity’’ means the management entity for buildings in the Heritage Area that are con- the personnel of the agency to the Commission the Heritage Area designated by subsection sistent with Heritage Area themes; to assist the Commission in carrying out the du- (b)(4). (vi) ensuring that clear, consistent, and ap- ties of the Commission under this section. (3) MANAGEMENT PLAN.—The term ‘‘manage- propriate signs identifying points of public ac- (ii) CIVIL SERVICE STATUS.—The detail of an ment plan’’ means the management plan for the cess, and sites of interest are posted throughout employee under clause (i) shall be without inter- Heritage Area required under subsection (d). the Heritage Area; and ruption or loss of civil service status or privilege. (4) MAP.—The term ‘‘map’’ means the map en- (vii) promoting a wide range of partnerships (B) STATE EMPLOYEES.—The Commission titled ‘‘Proposed Sangre De Cristo National Her- among governments, organizations, and individ- may— itage Area’’ and dated November 2005. uals to further the Heritage Area; (i) accept the services of personnel detailed (5) SECRETARY.—The term ‘‘Secretary’’ means (C) consider the interests of diverse units of from the State; and the Secretary of the Interior. government, businesses, organizations, and indi- (ii) reimburse the State for services of detailed (6) STATE.—The term ‘‘State’’ means the State viduals in the Heritage Area in the preparation personnel. of Colorado. and implementation of the management plan; (6) PROCUREMENT OF TEMPORARY AND INTER- (b) SANGRE DE CRISTO NATIONAL HERITAGE (D) conduct meetings open to the public at MITTENT SERVICES.—The Chairperson of the AREA.— least semiannually regarding the development Commission may procure temporary and inter- (1) ESTABLISHMENT.—There is established in and implementation of the management plan; mittent services in accordance with section the State the Sangre de Cristo National Heritage (E) for any year that Federal funds have been 3109(b) of title 5, United States Code, at rates for Area. received under this section— (2) BOUNDARIES.—The Heritage Area shall individuals that do not exceed the daily equiva- (i) submit an annual report to the Secretary consist of— lent of the annual rate of basic pay prescribed that describes the activities, expenses, and in- (A) the counties of Alamosa, Conejos, and for level V of the Executive Schedule under sec- come of the management entity (including Costilla; and tion 5316 of such title. (B) the Monte Vista National Wildlife Refuge, grants to any other entities during the year that (7) VOLUNTEER AND UNCOMPENSATED SERV- the Baca National Wildlife Refuge, the Great the report is made); ICES.—Notwithstanding section 1342 of title 31, Sand Dunes National Park and Preserve, and (ii) make available to the Secretary for audit United States Code, the Commission may accept other areas included in the map. all records relating to the expenditure of the and use such voluntary and uncompensated (3) MAP.—A map of the Heritage Area shall funds and any matching funds; services as the Commission determines to be nec- be— (iii) require, with respect to all agreements au- essary. (A) included in the management plan; and thorizing expenditure of Federal funds by other (8) SUPPORT SERVICES.— (B) on file and available for public inspection organizations, that the organizations receiving (A) IN GENERAL.—The Secretary shall provide in the appropriate offices of the National Park the funds make available to the Secretary for to the Commission, on a reimbursable basis, Service. audit all records concerning the expenditure of such administrative support services as the Com- (4) MANAGEMENT ENTITY.— the funds; and mission may request. (A) IN GENERAL.—The management entity for (F) encourage by appropriate means economic (B) REIMBURSEMENT.—Any reimbursement the Heritage Area shall be the Sangre de Cristo viability that is consistent with the Heritage under this paragraph shall be credited to the National Heritage Area Board of Directors. Area.

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(3) PROHIBITION ON THE ACQUISITION OF REAL (i) the management entity is representative of tion of fishing and hunting within the Heritage PROPERTY.—The management entity shall not the diverse interests of the Heritage Area, in- Area; or use Federal funds made available under this cluding governments, natural and historic re- (6) creates any liability, or affects any liabil- section to acquire real property or any interest source protection organizations, educational in- ity under any other law, of any private property in real property. stitutions, businesses, and recreational organi- owner with respect to any person injured on the (4) COST-SHARING REQUIREMENT.—The Federal zations; private property. share of the cost of any activity carried out (ii) the management entity has afforded ade- (g) EVALUATION; REPORT.— using any assistance made available under this quate opportunity, including public hearings, (1) IN GENERAL.—Not later than 3 years before section shall be 50 percent. for public and governmental involvement in the the date on which authority for Federal funding (d) MANAGEMENT PLAN.— preparation of the management plan; and terminates for the Heritage Area, the Secretary (1) IN GENERAL.—Not later than 3 years after (iii) the resource protection and interpretation shall— the date of enactment of this Act, the manage- strategies contained in the management plan, if (A) conduct an evaluation of the accomplish- ment entity shall submit to the Secretary for ap- implemented, would adequately protect the nat- ments of the Heritage Area; and (B) prepare a report in accordance with para- proval a proposed management plan for the Her- ural, historical, and cultural resources of the graph (3). itage Area. Heritage Area. (2) EVALUATION.—An evaluation conducted (2) REQUIREMENTS.—The management plan (C) ACTION FOLLOWING DISAPPROVAL.—If the shall— under paragraph (1)(A) shall— Secretary disapproves the management plan (A) assess the progress of the management en- (A) incorporate an integrated and cooperative under subparagraph (A), the Secretary shall— approach for the protection, enhancement, and tity with respect to— (i) advise the management entity in writing of (i) accomplishing the purposes of this section interpretation of the natural, cultural, historic, the reasons for the disapproval; for the Heritage Area; and scenic, and recreational resources of the Herit- (ii) make recommendations for revisions to the (ii) achieving the goals and objectives of the age Area; management plan; and approved management plan for the Heritage (B) take into consideration State and local (iii) not later than 180 days after the receipt Area; plans; of any proposed revision of the management (B) analyze the Federal, State, local, and pri- (C) include— plan from the management entity, approve or vate investments in the Heritage Area to deter- (i) an inventory of— disapprove the proposed revision. mine the leverage and impact of the invest- (I) the resources located in the core area de- (D) AMENDMENTS.— ments; and scribed in subsection (b)(2); and (i) IN GENERAL.—The Secretary shall approve (C) review the management structure, partner- (II) any other property in the core area that— or disapprove each amendment to the manage- ship relationships, and funding of the Heritage (aa) is related to the themes of the Heritage ment plan that the Secretary determines make a Area for purposes of identifying the critical Area; and substantial change to the management plan. (bb) should be preserved, restored, managed, components for sustainability of the Heritage (ii) USE OF FUNDS.—The management entity or maintained because of the significance of the Area. shall not use Federal funds authorized by this (3) REPORT.— property; section to carry out any amendments to the (A) IN GENERAL.—Based on the evaluation (ii) comprehensive policies, strategies and rec- management plan until the Secretary has ap- conducted under paragraph (1)(A), the Sec- ommendations for conservation, funding, man- proved the amendments. retary shall prepare a report that includes rec- agement, and development of the Heritage Area; ommendations for the future role of the Na- (iii) a description of actions that governments, (e) RELATIONSHIP TO OTHER FEDERAL AGEN- tional Park Service, if any, with respect to the private organizations, and individuals have CIES.— Heritage Area. agreed to take to protect the natural, historical (1) IN GENERAL.—Nothing in this section af- fects the authority of a Federal agency to pro- (B) REQUIRED ANALYSIS.—If the report pre- and cultural resources of the Heritage Area; pared under subparagraph (A) recommends that (iv) a program of implementation for the man- vide technical or financial assistance under any Federal funding for the Heritage Area be reau- agement plan by the management entity that in- other law. thorized, the report shall include an analysis cludes a description of— (2) CONSULTATION AND COORDINATION.—The of— (I) actions to facilitate ongoing collaboration head of any Federal agency planning to con- duct activities that may have an impact on the (i) ways in which Federal funding for the among partners to promote plans for resource Heritage Area may be reduced or eliminated; protection, restoration, and construction; and Heritage Area is encouraged to consult and co- ordinate the activities with the Secretary and and (II) specific commitments for implementation (ii) the appropriate time period necessary to that have been made by the management entity the management entity to the maximum extent practicable. achieve the recommended reduction or elimi- or any government, organization, or individual nation. for the first 5 years of operation; (3) OTHER FEDERAL AGENCIES.—Nothing in this section— (C) SUBMISSION TO CONGRESS.—On completion (v) the identification of sources of funding for of the report, the Secretary shall submit the re- carrying out the management plan; (A) modifies, alters, or amends any law or reg- ulation authorizing a Federal agency to manage port to— (vi) analysis and recommendations for means (i) the Committee on Energy and Natural Re- Federal land under the jurisdiction of the Fed- by which local, State, and Federal programs, in- sources of the Senate; and eral agency; cluding the role of the National Park Service in (ii) the Committee on Natural Resources of the (B) limits the discretion of a Federal land the Heritage Area, may best be coordinated to House of Representatives. manager to implement an approved land use carry out this section; and (h) AUTHORIZATION OF APPROPRIATIONS.— (vii) an interpretive plan for the Heritage plan within the boundaries of the Heritage There is authorized to be appropriated to carry Area; and Area; or out this section $10,000,000, of which not more (D) recommend policies and strategies for re- (C) modifies, alters, or amends any authorized than $1,000,000 may be made available for any source management that consider and detail the use of Federal land under the jurisdiction of a fiscal year. application of appropriate land and water man- Federal agency. (i) TERMINATION OF AUTHORITY.—The author- agement techniques, including the development (f) PRIVATE PROPERTY AND REGULATORY PRO- ity of the Secretary to provide assistance under of intergovernmental and interagency coopera- TECTIONS.—Nothing in this section— this section terminates on the date that is 15 tive agreements to protect the natural, histor- (1) abridges the rights of any property owner years after the date of enactment of this Act. (whether public or private), including the right ical, cultural, educational, scenic, and rec- SEC. 8002. CACHE LA POUDRE RIVER NATIONAL reational resources of the Heritage Area. to refrain from participating in any plan, HERITAGE AREA, COLORADO. (3) DEADLINE.—If a proposed management project, program, or activity conducted within (a) DEFINITIONS.—In this section: plan is not submitted to the Secretary by the the Heritage Area; (1) HERITAGE AREA.—The term ‘‘Heritage date that is 3 years after the date of enactment (2) requires any property owner to permit pub- Area’’ means the Cache La Poudre River Na- of this Act, the management entity shall be in- lic access (including access by Federal, State, or tional Heritage Area established by subsection eligible to receive additional funding under this local agencies) to the property of the property (b)(1). section until the date that the Secretary receives owner, or to modify public access or use of prop- (2) LOCAL COORDINATING ENTITY.—The term and approves the management plan. erty of the property owner under any other Fed- ‘‘local coordinating entity’’ means the Poudre (4) APPROVAL OR DISAPPROVAL OF MANAGE- eral, State, or local law; Heritage Alliance, the local coordinating entity MENT PLAN.— (3) alters any duly adopted land use regula- for the Heritage Area designated by subsection (A) IN GENERAL.—Not later than 180 days tion, approved land use plan, or other regu- (b)(4). after the date of receipt of the management plan latory authority of any Federal, State or local (3) MANAGEMENT PLAN.—The term ‘‘manage- under paragraph (1), the Secretary, in consulta- agency, or conveys any land use or other regu- ment plan’’ means the management plan for the tion with the State, shall approve or disapprove latory authority to the management entity; Heritage Area required under subsection (d)(1). the management plan. (4) authorizes or implies the reservation or ap- (4) MAP.—The term ‘‘map’’ means the map en- (B) CRITERIA FOR APPROVAL.—In determining propriation of water or water rights; titled ‘‘Cache La Poudre River National Herit- whether to approve the management plan, the (5) diminishes the authority of the State to age Area’’, numbered 960/80,003, and dated Secretary shall consider whether— manage fish and wildlife, including the regula- April, 2004.

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(5) SECRETARY.—The term ‘‘Secretary’’ means (E) for any year for which Federal funds have (4) APPROVAL OR DISAPPROVAL OF MANAGE- the Secretary of the Interior. been received under this section— MENT PLAN.— (6) STATE.—The term ‘‘State’’ means the State (i) submit an annual report to the Secretary (A) IN GENERAL.—Not later than 180 days of Colorado. that describes the activities, expenses, and in- after the date of receipt of the management plan (b) CACHE LA POUDRE RIVER NATIONAL HERIT- come of the local coordinating entity (including under paragraph (1), the Secretary, in consulta- AGE AREA.— grants to any other entities during the year that tion with the State, shall approve or disapprove (1) ESTABLISHMENT.—There is established in the report is made); the management plan. the State the Cache La Poudre River National (ii) make available to the Secretary for audit (B) CRITERIA FOR APPROVAL.—In determining Heritage Area. all records relating to the expenditure of the whether to approve the management plan, the (2) BOUNDARIES.—The Heritage Area shall funds and any matching funds; and Secretary shall consider whether— consist of the area depicted on the map. (iii) require, with respect to all agreements au- (i) the local coordinating entity is representa- (3) MAP.—The map shall be on file and avail- thorizing expenditure of Federal funds by other tive of the diverse interests of the Heritage Area, able for public inspection in the appropriate of- organizations, that the organizations receiving including governments, natural and historic re- fices of— the funds make available to the Secretary for source protection organizations, educational in- (A) the National Park Service; and audit all records concerning the expenditure of stitutions, businesses, and recreational organi- (B) the local coordinating entity. the funds; and zations; (4) LOCAL COORDINATING ENTITY.—The local (F) encourage by appropriate means economic (ii) the local coordinating entity has afforded coordinating entity for the Heritage Area shall viability that is consistent with the Heritage adequate opportunity, including public hear- be the Poudre Heritage Alliance, a nonprofit or- Area. ings, for public and governmental involvement ganization incorporated in the State. (3) PROHIBITION ON THE ACQUISITION OF REAL in the preparation of the management plan; and (c) ADMINISTRATION.— PROPERTY.—The local coordinating entity shall (iii) the resource protection and interpretation (1) AUTHORITIES.—To carry out the manage- not use Federal funds made available under this strategies contained in the management plan, if ment plan, the Secretary, acting through the section to acquire real property or any interest implemented, would adequately protect the nat- local coordinating entity, may use amounts in real property. ural, cultural, historic, scenic, educational, and made available under this section— (d) MANAGEMENT PLAN.— recreational resources of the Heritage Area. (A) to make grants to the State (including any (1) IN GENERAL.—Not later than 3 years after (C) ACTION FOLLOWING DISAPPROVAL.—If the political subdivision of the State), nonprofit or- the date of enactment of this Act, the local co- Secretary disapproves the management plan ganizations, and other individuals; ordinating entity shall submit to the Secretary under subparagraph (A), the Secretary shall— (B) to enter into cooperative agreements with, for approval a proposed management plan for (i) advise the local coordinating entity in writ- or provide technical assistance to, the State (in- the Heritage Area. ing of the reasons for the disapproval; cluding any political subdivision of the State), (2) REQUIREMENTS.—The management plan (ii) make recommendations for revisions to the nonprofit organizations, and other interested shall— management plan; and parties; (A) incorporate an integrated and cooperative (iii) not later than 180 days after the date of (C) to hire and compensate staff, which shall approach for the protection, enhancement, and receipt of any proposed revision of the manage- include individuals with expertise in natural, interpretation of the natural, cultural, historic, ment plan from the local coordinating entity, cultural, and historical resource protection, and scenic, educational, and recreational resources approve or disapprove the proposed revision. heritage programming; of the Heritage Area; (5) AMENDMENTS.— (D) to obtain funds or services from any (B) take into consideration State and local (A) IN GENERAL.—The Secretary shall approve source, including funds or services that are pro- plans; or disapprove each amendment to the manage- vided under any other Federal law or program; (C) include— ment plan that the Secretary determines would (E) to enter into contracts for goods or serv- (i) an inventory of the resources located in the make a substantial change to the management ices; and Heritage Area; plan. (F) to serve as a catalyst for any other activ- (ii) comprehensive policies, strategies, and rec- (B) USE OF FUNDS.—The local coordinating ity that— ommendations for conservation, funding, man- entity shall not use Federal funds authorized to (i) furthers the purposes and goals of the Her- agement, and development of the Heritage Area; be appropriated by this section to carry out any itage Area; and (iii) a description of actions that governments, amendments to the management plan until the (ii) is consistent with the approved manage- private organizations, and individuals have Secretary has approved the amendments. ment plan. agreed to take to protect the natural, cultural, (e) RELATIONSHIP TO OTHER FEDERAL AGEN- (2) DUTIES.—The local coordinating entity historic, scenic, educational, and recreational CIES.— shall— resources of the Heritage Area; (1) IN GENERAL.—Nothing in this section af- (A) in accordance with subsection (d), prepare (iv) a program of implementation for the man- fects the authority of a Federal agency to pro- and submit to the Secretary a management plan agement plan by the local coordinating entity vide technical or financial assistance under any for the Heritage Area; that includes a description of— other law (including regulations). (B) assist units of local government, regional (I) actions to facilitate ongoing collaboration (2) CONSULTATION AND COORDINATION.—To the planning organizations, and nonprofit organi- among partners to promote plans for resource maximum extent practicable, the head of any zations in carrying out the approved manage- protection, restoration, and construction; and Federal agency planning to conduct activities ment plan by— (II) specific commitments for implementation that may have an impact on the Heritage Area (i) carrying out programs and projects that that have been made by the local coordinating is encouraged to consult and coordinate the ac- recognize, protect, and enhance important re- entity or any government, organization, or indi- tivities with the Secretary and the local coordi- source values located in the Heritage Area; vidual for the first 5 years of operation; nating entity. (ii) establishing and maintaining interpretive (v) the identification of sources of funding for (3) OTHER FEDERAL AGENCIES.—Nothing in exhibits and programs in the Heritage Area; carrying out the management plan; this section— (iii) developing recreational and educational (vi) analysis and recommendations for means (A) modifies, alters, or amends any law (in- opportunities in the Heritage Area; by which local, State, and Federal programs, in- cluding any regulation) authorizing a Federal (iv) increasing public awareness of, and ap- cluding the role of the National Park Service in agency to manage Federal land under the juris- preciation for, the natural, historical, scenic, the Heritage Area, may best be coordinated to diction of the Federal agency; and cultural resources of the Heritage Area; carry out this section; and (B) limits the discretion of a Federal land (v) protecting and restoring historic sites and (vii) an interpretive plan for the Heritage manager to implement an approved land use buildings in the Heritage Area that are con- Area; and plan within the boundaries of the Heritage sistent with Heritage Area themes; (D) recommend policies and strategies for re- Area; or (vi) ensuring that clear, consistent, and ap- source management that consider and detail the (C) modifies, alters, or amends any authorized propriate signs identifying points of public ac- application of appropriate land and water man- use of Federal land under the jurisdiction of a cess, and sites of interest, are posted throughout agement techniques, including the development Federal agency. the Heritage Area; and of intergovernmental and interagency coopera- (f) PRIVATE PROPERTY AND REGULATORY PRO- (vii) promoting a wide range of partnerships tive agreements to protect the natural, cultural, TECTIONS.—Nothing in this section— among governments, organizations, and individ- historic, scenic, educational, and recreational (1) abridges the rights of any public or private uals to further the Heritage Area; resources of the Heritage Area. property owner, including the right to refrain (C) consider the interests of diverse units of (3) DEADLINE.—If a proposed management from participating in any plan, project, pro- government, businesses, organizations, and indi- plan is not submitted to the Secretary by the gram, or activity conducted within the Heritage viduals in the Heritage Area in the preparation date that is 3 years after the date of enactment Area; and implementation of the management plan; of this Act, the local coordinating entity shall be (2) requires any property owner— (D) conduct meetings open to the public at ineligible to receive additional funding under (A) to permit public access (including access least semiannually regarding the development this section until the date on which the Sec- by Federal, State, or local agencies) to the prop- and implementation of the management plan; retary approves a management plan. erty of the property owner; or

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(B) to modify public access or use of property (j) CONFORMING AMENDMENT.—The Cache La tural, and historical resources protection, fund- of the property owner under any other Federal, Poudre River Corridor Act (16 U.S.C. 461 note; raising, heritage facility planning and develop- State, or local law; Public Law 104–323) is repealed. ment, and heritage tourism programming; (3) alters any duly adopted land use regula- SEC. 8003. SOUTH PARK NATIONAL HERITAGE (D) obtain funds or services from any source, tion, approved land use plan, or other regu- AREA, COLORADO. including funds or services that are provided latory authority of any Federal, State, or local (a) DEFINITIONS.—In this section: under any other Federal law or program; agency; (1) BOARD.—The term ‘‘Board’’ means the (E) enter into contracts for goods or services; (4) conveys any land use or other regulatory Board of Directors of the South Park National and authority to the local coordinating entity; Heritage Area, comprised initially of the indi- (F) to facilitate the conduct of other projects (5) authorizes or implies the reservation or ap- viduals, agencies, organizations, and govern- and activities that further the Heritage Area propriation of water or water rights; ments that were involved in the planning and and are consistent with the approved manage- (6) diminishes the authority of the State to development of the Heritage Area before the ment plan. manage fish and wildlife, including the regula- date of enactment of this Act. (3) DUTIES.—The management entity shall— tion of fishing and hunting within the Heritage (2) HERITAGE AREA.—The term ‘‘Heritage (A) in accordance with subsection (d), prepare Area; or Area’’ means the South Park National Heritage and submit a management plan for the Heritage (7) creates any liability, or affects any liabil- Area established by subsection (b)(1). Area to the Secretary; ity under any other law (including regulations), (3) MANAGEMENT ENTITY.—The term ‘‘manage- (B) assist units of local government, local of any private property owner with respect to ment entity’’ means the management entity for property owners and businesses, and nonprofit any individual injured on the private property. the Heritage Area designated by subsection organizations in carrying out the approved (g) EVALUATION; REPORT.— (b)(4)(A). management plan by— (1) IN GENERAL.—Not later than 3 years before (4) MANAGEMENT PLAN.—The term ‘‘manage- (i) carrying out programs and projects that the date on which authority for Federal funding ment plan’’ means the management plan for the recognize, protect, enhance, and promote impor- terminates for the Heritage Area, the Secretary Heritage Area required by subsection (d). tant resource values in the Heritage Area; shall— (5) MAP.—The term ‘‘map’’ means the map en- (ii) establishing and maintaining interpretive (A) conduct an evaluation of the accomplish- titled ‘‘South Park National Heritage Area Map exhibits and programs in the Heritage Area; ments of the Heritage Area; and (Proposed)’’, dated January 30, 2006. (iii) developing economic, recreational and (B) prepare a report in accordance with para- (6) PARTNER.—The term ‘‘partner’’ means a educational opportunities in the Heritage Area; graph (3). Federal, State, or local governmental entity, or- (iv) increasing public awareness of, and ap- (2) EVALUATION.—An evaluation conducted ganization, private industry, educational insti- preciation for, historical, cultural, scenic, rec- under paragraph (1)(A) shall— tution, or individual involved in the conserva- reational, agricultural, and natural resources of (A) assess the progress of the local coordi- tion, preservation, interpretation, development the Heritage Area; nating entity with respect to— or promotion of heritage sites or resources of the (v) protecting and restoring historic sites and (i) accomplishing the purposes of this section Heritage Area. buildings in the Heritage Area that are con- for the Heritage Area; and (7) SECRETARY.—The term ‘‘Secretary’’ means sistent with Heritage Area themes; (ii) achieving the goals and objectives of the the Secretary of the Interior. (vi) ensuring that clear, consistent, and ap- approved management plan for the Heritage (8) STATE.—The term ‘‘State’’ means the State propriate signs identifying points of public ac- Area; of Colorado. cess, and sites of interest are posted throughout (B) analyze the Federal, State, local, and pri- (9) TECHNICAL ASSISTANCE.—The term ‘‘tech- the Heritage Area; vate investments in the Heritage Area to deter- nical assistance’’ means any guidance, advice, (vii) promoting a wide range of partnerships mine the leverage and impact of the invest- help, or aid, other than financial assistance, among governments, organizations, and individ- ments; and provided by the Secretary. uals to further the Heritage Area; and (b) SOUTH PARK NATIONAL HERITAGE AREA.— (C) review the management structure, partner- (viii) planning and developing new heritage (1) ESTABLISHMENT.—There is established in ship relationships, and funding of the Heritage attractions, products and services; the State the South Park National Heritage Area to identify the critical components for sus- (C) consider the interests of diverse units of Area. tainability of the Heritage Area. government, businesses, organizations, and indi- (2) BOUNDARIES.—The Heritage Area shall (3) REPORT.— viduals in the Heritage Area in the preparation consist of the areas included in the map. (A) IN GENERAL.—Based on the evaluation and implementation of the management plan; (3) MAP.—A map of the Heritage Area shall conducted under paragraph (1)(A), the Sec- be— (D) conduct meetings open to the public at retary shall prepare a report that includes rec- (A) included in the management plan; and least semiannually regarding the development ommendations for the future role of the Na- (B) on file and available for public inspection and implementation of the management plan; tional Park Service, if any, with respect to the in the appropriate offices of the National Park (E) for any year for which Federal funds have Heritage Area. Service. been received under this section— (B) REQUIRED ANALYSIS.—If the report pre- (4) MANAGEMENT ENTITY.— (i) submit to the Secretary an annual report pared under subparagraph (A) recommends that (A) IN GENERAL.—The management entity for that describes the activities, expenses, and in- Federal funding for the Heritage Area be reau- the Heritage Area shall be the Park County come of the management entity (including thorized, the report shall include an analysis Tourism & Community Development Office, in grants to any other entities during the year that of— conjunction with the South Park National Her- the report is made); (i) ways in which Federal funding for the itage Area Board of Directors. (ii) make available to the Secretary for audit Heritage Area may be reduced or eliminated; (B) MEMBERSHIP REQUIREMENTS.—Members of all records relating to the expenditure of the and the Board shall include representatives from a Federal funds and any matching funds; and (ii) the appropriate time period necessary to broad cross-section of individuals, agencies, or- (iii) require, with respect to all agreements au- achieve the recommended reduction or elimi- ganizations, and governments that were in- thorizing expenditure of Federal funds by other nation. volved in the planning and development of the organizations, that the organizations receiving (C) SUBMISSION TO CONGRESS.—On completion Heritage Area before the date of enactment of the funds make available to the Secretary for of the report, the Secretary shall submit the re- this Act. audit all records concerning the expenditure of port to— (c) ADMINISTRATION.— the funds; and (i) the Committee on Energy and Natural Re- (1) PROHIBITION ON THE ACQUISITION OF REAL (F) encourage by appropriate means economic sources of the Senate; and PROPERTY.—The management entity shall not viability that is consistent with the Heritage (ii) the Committee on Natural Resources of the use Federal funds made available under this Area. House of Representatives. section to acquire real property or any interest (4) COST-SHARING REQUIREMENT.—The Federal (h) FUNDING.— in real property. share of the cost of any activity carried out (1) AUTHORIZATION OF APPROPRIATIONS.— (2) AUTHORITIES.—For purposes of carrying using any assistance made available under this There is authorized to be appropriated to carry out the management plan, the Secretary, acting section shall be 50 percent. out this section $10,000,000, of which not more through the management entity, may use (d) MANAGEMENT PLAN.— than $1,000,000 may be made available for any amounts made available under this section to— (1) IN GENERAL.—Not later than 3 years after fiscal year. (A) make grants to the State or a political sub- the date of enactment of this Act, the manage- (2) COST-SHARING REQUIREMENT.—The Federal division of the State, nonprofit organizations, ment entity, with public participation, shall share of the cost of any activity carried out and other persons; submit to the Secretary for approval a proposed using any assistance made available under this (B) enter into cooperative agreements with, or management plan for the Heritage Area. section shall be 50 percent. provide technical assistance to, the State or a (2) REQUIREMENTS.—The management plan (i) TERMINATION OF AUTHORITY.—The author- political subdivision of the State, nonprofit or- shall— ity of the Secretary to provide assistance under ganizations, and other interested parties; (A) incorporate an integrated and cooperative this section terminates on the date that is 15 (C) hire and compensate staff, which shall in- approach for the protection, enhancement, in- years after the date of enactment of this Act. clude individuals with expertise in natural, cul- terpretation, development, and promotion of the

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(2) EVALUATION.—An evaluation conducted (B) take into consideration State and local (C) ACTION FOLLOWING DISAPPROVAL.—If the under paragraph (1)(A) shall— plans; Secretary disapproves the management plan (A) assess the progress of the management en- (C) include— under subparagraph (A), the Secretary shall— tity with respect to— (i) an inventory of— (i) advise the management entity in writing of (i) accomplishing the purposes of this section (I) the resources located within the areas in- the reasons for the disapproval; for the Heritage Area; and cluded in the map; and (ii) make recommendations for revisions to the (ii) achieving the goals and objectives of the (II) any other eligible and participating prop- management plan; and approved management plan for the Heritage erty within the areas included in the map that— (iii) not later than 180 days after the receipt Area; (aa) is related to the themes of the Heritage of any proposed revision of the management (B) analyze the Federal, State, local, and pri- Area; and plan from the management entity, approve or vate investments in the Heritage Area to deter- (bb) should be preserved, restored, managed, disapprove the proposed revision. mine the leverage and impact of the invest- maintained, developed, or promoted because of (D) AMENDMENTS.— ments; and the significance of the property; (i) IN GENERAL.—The Secretary shall approve (C) review the management structure, partner- (ii) comprehensive policies, strategies, and rec- or disapprove each amendment to the manage- ship relationships, and funding of the Heritage ommendations for conservation, funding, man- ment plan that the Secretary determines makes Area for purposes of identifying the critical agement, development, and promotion of the a substantial change to the management plan. components for sustainability of the Heritage Heritage Area; (ii) USE OF FUNDS.—The management entity Area. (iii) a description of actions that governments, shall not use Federal funds authorized by this (3) REPORT.— private organizations, and individuals have section to carry out any amendments to the (A) IN GENERAL.—Based on the evaluation agreed to take to manage protect the historical, management plan until the Secretary has ap- conducted under paragraph (1)(A), the Sec- cultural, scenic, recreational, agricultural, and proved the amendments. retary shall prepare a report that includes rec- natural resources of the Heritage Area; (e) RELATIONSHIP TO OTHER FEDERAL AGEN- ommendations for the future role of the Na- (iv) a program of implementation for the man- CIES.— tional Park Service, if any, with respect to the (1) IN GENERAL.—Nothing in this section af- agement plan by the management entity that in- Heritage Area. fects the authority of a Federal agency to pro- cludes a description of— (B) REQUIRED ANALYSIS.—If the report pre- vide technical or financial assistance under any (I) actions to facilitate ongoing and effective pared under subparagraph (A) recommends that other law. collaboration among partners to promote plans Federal funding for the Heritage Area be reau- (2) CONSULTATION AND COORDINATION.—The for resource protection, enhancement, interpre- thorized, the report shall include an analysis head of any Federal agency planning to con- tation, restoration, and construction; and of— duct activities that may have an impact on the (II) specific commitments for implementation (i) ways in which Federal funding for the Heritage Area is encouraged to consult and co- that have been made by the management entity Heritage Area may be reduced or eliminated; ordinate the activities with the Secretary and or any government, organization, or individual and the management entity to the maximum extent for the first 5 years of operation; (ii) the appropriate time period necessary to practicable. (v) the identification of sources of funding for achieve the recommended reduction or elimi- (3) OTHER FEDERAL AGENCIES.—Nothing in carrying out the management plan; nation. this section— (vi) an analysis of and recommendations for (C) SUBMISSION TO CONGRESS.—On completion (A) modifies, alters, or amends any law or reg- means by which Federal, State, and local pro- of the report, the Secretary shall submit the re- ulation authorizing a Federal agency to manage grams, including the role of the National Park port to— Federal land under the jurisdiction of the Fed- Service in the Heritage Area, may best be coordi- (i) the Committee on Energy and Natural Re- eral agency; sources of the Senate; and nated to carry out this section; and (B) limits the discretion of a Federal land (ii) the Committee on Natural Resources of the (vii) an interpretive plan for the Heritage manager to implement an approved land use House of Representatives. Area; and plan within the boundaries of the Heritage (h) AUTHORIZATION OF APPROPRIATIONS.— (D) recommend policies and strategies for re- Area; or There is authorized to be appropriated to carry source management that consider and detail the (C) modifies, alters, or amends any authorized out this section $10,000,000, of which not more application of appropriate land and water man- use of Federal land under the jurisdiction of a than $1,000,000 may be made available for any agement techniques, including the development Federal agency. fiscal year. of intergovernmental and interagency coopera- (f) PRIVATE PROPERTY AND REGULATORY PRO- (i) TERMINATION OF AUTHORITY.—The author- tive agreements to protect the historical, cul- TECTIONS.—Nothing in this section— tural, scenic, recreational, agricultural, and (1) abridges the rights of any property owner ity of the Secretary to provide assistance under natural resources of the Heritage Area. (whether public or private), including the right this section terminates on the date that is 15 (3) DEADLINE.—If a proposed management to refrain from participating in any plan, years after the date of enactment of this Act. plan is not submitted to the Secretary by the project, program, or activity conducted within SEC. 8004. NORTHERN PLAINS NATIONAL HERIT- date that is 3 years after the date of enactment the Heritage Area; AGE AREA, NORTH DAKOTA. of this Act, the management entity shall be in- (2) requires any property owner to permit pub- (a) DEFINITIONS.—In this section: eligible to receive additional funding under this lic access (including access by Federal, State, or (1) HERITAGE AREA.—The term ‘‘Heritage section until the date on which the Secretary re- local agencies) to the property of the property Area’’ means the Northern Plains National Her- ceives and approves the management plan. owner, or to modify public access or use of prop- itage Area established by subsection (b)(1). (4) APPROVAL OR DISAPPROVAL OF MANAGE- erty of the property owner under any other Fed- (2) LOCAL COORDINATING ENTITY.—The term MENT PLAN.— eral, State, or local law; ‘‘local coordinating entity’’ means the Northern (A) IN GENERAL.—Not later than 180 days (3) alters any duly adopted land use regula- Plains Heritage Foundation, the local coordi- after the date of receipt of the management plan tion, approved land use plan, or other regu- nating entity for the Heritage Area designated under paragraph (1), the Secretary, in consulta- latory authority of any Federal, State or local by subsection (c)(1). tion with the State, shall approve or disapprove agency, or conveys any land use or other regu- (3) MANAGEMENT PLAN.—The term ‘‘manage- the management plan. latory authority to the management entity; ment plan’’ means the management plan for the (B) CRITERIA FOR APPROVAL.—In determining (4) authorizes or implies the reservation or ap- Heritage Area required under subsection (d). whether to approve the management plan, the propriation of water or water rights; (4) SECRETARY.—The term ‘‘Secretary’’ means Secretary shall consider whether— (5) diminishes the authority of the State to the Secretary of the Interior. (i) the management entity is representative of manage fish and wildlife, including the regula- (5) STATE.—The term ‘‘State’’ means the State the diverse interests of the Heritage Area, in- tion of fishing and hunting within the Heritage of North Dakota. cluding governments, natural and historical re- Area; or (b) ESTABLISHMENT.— source protection organizations, educational in- (6) creates any liability, or affects any liabil- (1) IN GENERAL.—There is established the stitutions, local businesses and industries, com- ity under any other law, of any private property Northern Plains National Heritage Area in the munity organizations, recreational organiza- owner with respect to any person injured on the State of North Dakota. tions, and tourism organizations; private property. (2) BOUNDARIES.—The Heritage Area shall (ii) the management entity has afforded ade- (g) EVALUATION; REPORT.— consist of— quate opportunity, including public hearings, (1) IN GENERAL.—Not later than 3 years before (A) a core area of resources in Burleigh, for public and governmental involvement in the the date on which authority for Federal funding McLean, Mercer, Morton, and Oliver Counties preparation of the management plan; and terminates for the Heritage Area, the Secretary in the State; and (iii) strategies contained in the management shall— (B) any sites, buildings, and districts within plan, if implemented, would adequately balance (A) conduct an evaluation of the accomplish- the core area recommended by the management the voluntary protection, development, and in- ments of the Heritage Area; and plan for inclusion in the Heritage Area.

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(3) MAP.—A map of the Heritage Area shall story of the heritage of the area covered by the Federal, State, tribal, and local governments, be— Heritage Area and encouraging long-term re- natural, and historic resource protection organi- (A) included in the management plan; and source protection, enhancement, interpretation, zations, educational institutions, businesses, (B) on file and available for public inspection funding, management, and development of the recreational organizations, community resi- in the appropriate offices of the local coordi- Heritage Area; dents, and private property owners; nating entity and the National Park Service. (B) include a description of actions and com- (ii) the local coordinating entity— (c) LOCAL COORDINATING ENTITY.— mitments that Federal, State, tribal, and local (I) has afforded adequate opportunity for (1) IN GENERAL.—The local coordinating entity governments, private organizations, and citizens public and Federal, State, tribal, and local gov- for the Heritage Area shall be the Northern will take to protect, enhance, interpret, fund, ernmental involvement (including through Plains Heritage Foundation, a nonprofit cor- manage, and develop the natural, historical, workshops and hearings) in the preparation of poration established under the laws of the State. cultural, educational, scenic, and recreational the management plan; and (2) DUTIES.—To further the purposes of the resources of the Heritage Area; (II) provides for at least semiannual public Heritage Area, the Northern Plains Heritage (C) specify existing and potential sources of meetings to ensure adequate implementation of Foundation, as the local coordinating entity, funding or economic development strategies to the management plan; shall— protect, enhance, interpret, fund, manage, and (iii) the resource protection, enhancement, in- (A) prepare a management plan for the Herit- develop the Heritage Area; terpretation, funding, management, and devel- age Area, and submit the management plan to (D) include an inventory of the natural, his- opment strategies described in the management the Secretary, in accordance with this section; torical, cultural, educational, scenic, and rec- plan, if implemented, would adequately protect, (B) submit an annual report to the Secretary reational resources of the Heritage Area relating enhance, interpret, fund, manage, and develop for each fiscal year for which the local coordi- to the national importance and themes of the the natural, historic, cultural, educational, sce- nating entity receives Federal funds under this Heritage Area that should be protected, en- nic, and recreational resources of the Heritage section, specifying— hanced, interpreted, managed, funded, and de- Area; (i) the specific performance goals and accom- veloped; (iv) the management plan would not adversely plishments of the local coordinating entity; (E) recommend policies and strategies for re- affect any activities authorized on Federal land (ii) the expenses and income of the local co- source management, including the development under public land laws or land use plans; ordinating entity; of intergovernmental and interagency agree- (v) the local coordinating entity has dem- (iii) the amounts and sources of matching ments to protect, enhance, interpret, fund, man- onstrated the financial capability, in partner- funds; age, and develop the natural, historical, cul- ship with others, to carry out the plan; (iv) the amounts leveraged with Federal funds tural, educational, scenic, and recreational re- (vi) the Secretary has received adequate as- and sources of the leveraged funds; and sources of the Heritage Area; surances from the appropriate State, tribal, and (v) grants made to any other entities during (F) describe a program for implementation for local officials whose support is needed to ensure the fiscal year; the management plan, including— the effective implementation of the State, tribal, (C) make available for audit for each fiscal (i) performance goals; and local elements of the management plan; and year for which the local coordinating entity re- (ii) plans for resource protection, enhance- (vii) the management plan demonstrates part- ceives Federal funds under this section, all in- ment, interpretation, funding, management, and nerships among the local coordinating entity, formation pertaining to the expenditure of the development; and Federal, State, tribal, and local governments, re- funds and any matching funds; and (iii) specific commitments for implementation gional planning organizations, nonprofit orga- (D) encourage economic viability and sustain- that have been made by the local coordinating nizations, or private sector parties for implemen- ability that is consistent with the purposes of entity or any Federal, State, tribal, or local gov- tation of the management plan. the Heritage Area. ISAPPROVAL.— ernment agency, organization, business, or indi- (C) D (3) AUTHORITIES.—For the purposes of pre- (i) IN GENERAL.—If the Secretary disapproves vidual; paring and implementing the approved manage- the management plan, the Secretary— (G) include an analysis of, and recommenda- ment plan for the Heritage Area, the local co- (I) shall advise the local coordinating entity tions for, means by which Federal, State, tribal, ordinating entity may use Federal funds made in writing of the reasons for the disapproval; and local programs may best be coordinated (in- available under this section to— and cluding the role of the National Park Service (A) make grants to political jurisdictions, non- (II) may make recommendations to the local and other Federal agencies associated with the profit organizations, and other parties within coordinating entity for revisions to the manage- Heritage Area) to further the purposes of this the Heritage Area; ment plan. section; and (B) enter into cooperative agreements with or (ii) DEADLINE.—Not later than 180 days after provide technical assistance to political jurisdic- (H) include a business plan that— receiving a revised management plan, the Sec- tions, nonprofit organizations, Federal agencies, (i) describes the role, operation, financing, retary shall approve or disapprove the revised and other interested parties; and functions of the local coordinating entity management plan. (C) hire and compensate staff, including indi- and of each of the major activities described in (D) AMENDMENTS.— viduals with expertise in— the management plan; and (i) IN GENERAL.—An amendment to the man- (i) natural, historical, cultural, educational, (ii) provides adequate assurances that the agement plan that substantially alters the pur- scenic, and recreational resource conservation; local coordinating entity has the partnerships poses of the Heritage Area shall be reviewed by (ii) economic and community development; and financial and other resources necessary to the Secretary and approved or disapproved in and implement the management plan for the Herit- the same manner as the original management (iii) heritage planning; age Area. plan. (D) obtain funds or services from any source, (3) DEADLINE.— (ii) IMPLEMENTATION.—The local coordinating including other Federal programs; (A) IN GENERAL.—Not later than 3 years after entity shall not use Federal funds authorized to (E) contract for goods or services; and the date on which funds are first made available be appropriated by this section to implement an (F) support activities of partners and any to develop the management plan after designa- amendment to the management plan until the other activities that further the purposes of the tion of the Heritage Area, the local coordinating Secretary approves the amendment. Heritage Area and are consistent with the ap- entity shall submit the management plan to the (E) AUTHORITIES.—The Secretary may— proved management plan. Secretary for approval. (i) provide technical assistance under this sec- (4) PROHIBITION ON ACQUISITION OF REAL (B) TERMINATION OF FUNDING.—If the man- tion for the development and implementation of PROPERTY.—The local coordinating entity may agement plan is not submitted to the Secretary the management plan; and not use Federal funds authorized to be appro- in accordance with subparagraph (A), the local (ii) enter into cooperative agreements with in- priated under this section to acquire any inter- coordinating entity shall not qualify for any ad- terested parties to carry out this section. est in real property. ditional financial assistance under this section (e) RELATIONSHIP TO OTHER FEDERAL AGEN- (5) OTHER SOURCES.—Nothing in this section until such time as the management plan is sub- CIES.— precludes the local coordinating entity from mitted to and approved by the Secretary. (1) IN GENERAL.—Nothing in this section af- using Federal funds from other sources for au- (4) APPROVAL OF MANAGEMENT PLAN.— fects the authority of a Federal agency to pro- thorized purposes. (A) REVIEW.—Not later than 180 days after re- vide technical or financial assistance under any (d) MANAGEMENT PLAN.— ceiving the plan, the Secretary shall review and other law. (1) IN GENERAL.—Not later than 3 years after approve or disapprove the management plan for (2) TECHNICAL AND FINANCIAL ASSISTANCE.— the date of enactment of this Act, the local co- the Heritage Area on the basis of the criteria es- (A) IN GENERAL.—On the request of the local ordinating entity shall submit to the Secretary tablished under subparagraph (B). coordinating entity, the Secretary may provide for approval a proposed management plan for (B) CRITERIA FOR APPROVAL.—In determining financial assistance and, on a reimbursable or the Heritage Area. whether to approve a management plan for the nonreimbursable basis, technical assistance to (2) REQUIREMENTS.—The management plan Heritage Area, the Secretary shall consider the local coordinating entity to develop and im- for the Heritage Area shall— whether— plement the management plan. (A) describe comprehensive policies, goals, (i) the local coordinating entity represents the (B) COOPERATIVE AGREEMENTS.—The Sec- strategies, and recommendations for telling the diverse interests of the Heritage Area, including retary may enter into cooperative agreements

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(vi) the Baltimore Rowing Club; and assist in— (3) REPORT.— (vii) the Masonville Cove Environmental Cen- (i) conserving the significant natural, historic, (A) IN GENERAL.—Based on the evaluation ter. cultural, and scenic resources of the Heritage conducted under paragraph (1)(A), the Sec- (3) AVAILABILITY OF MAP.—The map shall be Area; and retary shall prepare a report that includes rec- on file and available for public inspection in the (ii) providing educational, interpretive, and ommendations for the future role of the Na- appropriate offices of the National Park Service recreational opportunities consistent with the tional Park Service, if any, with respect to the and the Baltimore Heritage Area Association. (4) LOCAL COORDINATING ENTITY.—The Balti- purposes of the Heritage Area. Heritage Area. more Heritage Area Association shall be the (3) CONSULTATION AND COORDINATION.—To the (B) REQUIRED ANALYSIS.—If the report pre- local coordinating entity for the Heritage Area. maximum extent practicable, the head of any pared under subparagraph (A) recommends that (c) DUTIES AND AUTHORITIES OF LOCAL CO- Federal agency planning to conduct activities Federal funding for the Heritage Area be reau- ORDINATING ENTITY.— that may have an impact on the Heritage Area thorized, the report shall include an analysis (1) DUTIES OF THE LOCAL COORDINATING ENTI- is encouraged to consult and coordinate the ac- of— TY.—To further the purposes of the Heritage (i) ways in which Federal funding for the tivities with the Secretary and the local coordi- Area, the local coordinating entity shall— nating entity. Heritage Area may be reduced or eliminated; (A) prepare, and submit to the Secretary, in (4) OTHER FEDERAL AGENCIES.—Nothing in and accordance with subsection (d), a management this section— (ii) the appropriate time period necessary to plan for the Heritage Area; (A) modifies or alters any laws (including reg- achieve the recommended reduction or elimi- (B) assist units of local government, regional ulations) authorizing a Federal agency to man- nation. planning organizations, and nonprofit organi- age Federal land under the jurisdiction of the (C) SUBMISSION TO CONGRESS.—On completion zations in implementing the approved manage- Federal agency; of the report, the Secretary shall submit the re- ment plan by— (B) limits the discretion of a Federal land port to— (i) carrying out programs and projects that manager to implement an approved land use (i) the Committee on Energy and Natural Re- recognize, protect, and enhance important re- plan within the boundaries of the Heritage sources of the Senate; and source values within the Heritage Area; Area; or (ii) the Committee on Natural Resources of the (ii) establishing and maintaining interpretive (C) modifies, alters, or amends any authorized House of Representatives. exhibits and programs within the Heritage Area; use of Federal land under the jurisdiction of a (h) AUTHORIZATION OF APPROPRIATIONS.— (iii) developing recreational and educational Federal agency. (1) IN GENERAL.—There is authorized to be ap- opportunities in the Heritage Area; (f) PRIVATE PROPERTY AND REGULATORY PRO- propriated to carry out this section $10,000,000, (iv) increasing public awareness of, and ap- TECTIONS.—Nothing in this section— of which not more than $1,000,000 may be made preciation for, natural, historic, scenic, and cul- (1) abridges the rights of any owner of public available for any fiscal year. tural resources of the Heritage Area; or private property, including the right to re- (2) COST-SHARING REQUIREMENT.— (v) protecting and restoring historic sites and frain from participating in any plan, project, (A) IN GENERAL.—The Federal share of the buildings in the Heritage Area that are con- program, or activity conducted within the Herit- total cost of any activity under this section shall sistent with the themes of the Heritage Area; age Area; be not more than 50 percent. (vi) ensuring that signs identifying points of (2) requires any property owner to— (B) FORM.—The non-Federal contribution public access and sites of interest are posted (A) permit public access (including access by may be in the form of in-kind contributions of throughout the Heritage Area; and Federal, State, or local agencies) to the property goods or services fairly valued. (vii) promoting a wide range of partnerships of the property owner; or (i) TERMINATION OF AUTHORITY.—The author- among governments, organizations, and individ- (B) modify public access to, or use of, the ity of the Secretary to provide assistance under uals to further the purposes of the Heritage property of the property owner under any other this section terminates on the date that is 15 Area; Federal, State, or local law; years after the date of enactment of this Act. (C) consider the interests of diverse units of (3) alters any duly adopted land use regula- SEC. 8005. BALTIMORE NATIONAL HERITAGE government, businesses, organizations, and indi- tion, approved land use plan, or other regu- AREA, MARYLAND. viduals in the Heritage Area in the preparation latory authority of any Federal, State, tribal, or (a) DEFINITIONS.—In this section: and implementation of the management plan; local agency; (1) HERITAGE AREA.—The term ‘‘Heritage (D) conduct meetings open to the public at (4) conveys any land use or other regulatory Area’’ means the Baltimore National Heritage least semiannually regarding the development authority to the local coordinating entity; Area, established by subsection (b)(1). and implementation of the management plan; (E) submit an annual report to the Secretary (5) authorizes or implies the reservation or ap- (2) LOCAL COORDINATING ENTITY.—The term for each fiscal year for which the local coordi- propriation of water or water rights; ‘‘local coordinating entity’’ means the local co- nating entity receives Federal funds under this (6) diminishes the authority of the State to ordinating entity for the Heritage Area des- section specifying— manage fish and wildlife, including the regula- ignated by subsection (b)(4). (i) the accomplishments of the local coordi- tion of fishing and hunting within the Heritage (3) MANAGEMENT PLAN.—The term ‘‘manage- nating entity; ment plan’’ means the management plan for the Area; or (ii) the expenses and income of the local co- Heritage Area required under subsection (7) creates any liability, or affects any liabil- ordinating entity; ity under any other law, of any private property (c)(1)(A). (iii) the amounts and sources of matching owner with respect to any person injured on the (4) MAP.—The term ‘‘map’’ means the map en- funds; private property. titled ‘‘Baltimore National Heritage Area’’, (iv) the amounts leveraged with Federal funds (g) EVALUATION; REPORT.— numbered T10/80,000, and dated October 2007. and sources of the leveraged funds; and (1) IN GENERAL.—Not later than 3 years before (5) SECRETARY.—The term ‘‘Secretary’’ means (v) grants made to any other entities during the date on which authority for Federal funding the Secretary of the Interior. the fiscal year; terminates for the Heritage Area under sub- (6) STATE.—The term ‘‘State’’ means the State (F) make available for audit for each fiscal section (i), the Secretary shall— of Maryland. year for which the local coordinating entity re- (A) conduct an evaluation of the accomplish- (b) BALTIMORE NATIONAL HERITAGE AREA.— ceives Federal funds under this section, all in- ments of the Heritage Area; and (1) ESTABLISHMENT.—There is established the formation pertaining to the expenditure of the (B) prepare a report in accordance with para- Baltimore National Heritage Area in the State. funds and any matching funds; graph (3). (2) BOUNDARIES.—The Heritage Area shall be (G) require in all agreements authorizing ex- (2) EVALUATION.—An evaluation conducted comprised of the following areas, as described penditures of Federal funds by other organiza- under paragraph (1)(A) shall— on the map: tions, that the receiving organizations make (A) assess the progress of the local coordi- (A) The area encompassing the Baltimore City available for audit all records and other infor- nating entity with respect to— Heritage Area certified by the Maryland Herit- mation pertaining to the expenditure of the (i) accomplishing the purposes of this section age Areas Authority in October 2001 as part of funds; and for the Heritage Area; and the Baltimore City Heritage Area Management (H) encourage, by appropriate means, eco- (ii) achieving the goals and objectives of the Action Plan. nomic development that is consistent with the approved management plan for the Heritage (B) The Mount Auburn Cemetery. purposes of the Heritage Area. Area; (C) The Cylburn Arboretum. (2) AUTHORITIES.—The local coordinating en- (B) analyze the Federal, State, local, and pri- (D) The Middle Branch of the Patapsco River tity may, subject to the prior approval of the vate investments in the Heritage Area to deter- and surrounding shoreline, including— Secretary, for the purposes of preparing and im- mine the leverage and impact of the invest- (i) the Cruise Maryland Terminal; plementing the management plan, use Federal ments; and (ii) new marina construction; funds made available under this section to—

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(B) enter into cooperative agreements with, or (3) TERMINATION OF FUNDING.—If the manage- (B) COOPERATIVE AGREEMENTS.—The Sec- provide technical assistance to, the State, polit- ment plan is not submitted to the Secretary in retary may enter into cooperative agreements ical subdivisions of the State, nonprofit organi- accordance with this section, the local coordi- with the local coordinating entity and other zations, Federal agencies, and other interested nating entity shall not qualify for additional fi- public or private entities to provide technical or parties; nancial assistance under this section until the financial assistance under subparagraph (A). (C) hire and compensate staff; management plan is submitted to, and approved (C) PRIORITY.—In assisting the Heritage Area, (D) obtain funds or services from any source, by, the Secretary. the Secretary shall give priority to actions that including funds and services provided under (4) APPROVAL OF MANAGEMENT PLAN.— assist in— any other Federal law or program; (A) REVIEW.—Not later than 180 days after (i) conserving the significant natural, historic, (E) contract for goods or services; and the date on which the Secretary receives the cultural, and scenic resources of the Heritage (F) support activities of partners and any management plan, the Secretary shall approve Area; and other activities that further the purposes of the or disapprove the management plan. (ii) providing educational, interpretive, and Heritage Area and are consistent with the ap- (B) CONSULTATION REQUIRED.—The Secretary recreational opportunities consistent with the proved management plan. shall consult with the Governor of the State and purposes of the Heritage Area. (3) PROHIBITION ON ACQUISITION OF REAL any tribal government in which the Heritage (2) EVALUATION; REPORT.— PROPERTY.—The local coordinating entity may Area is located before approving the manage- (A) IN GENERAL.—Not later than 3 years before not use Federal funds received under this sec- ment plan. the date on which authority for Federal funding tion to acquire any interest in real property. (C) CRITERIA FOR APPROVAL.—In determining terminates for the Heritage Area under sub- (d) MANAGEMENT PLAN.— whether to approve the management plan, the section (i), the Secretary shall— (1) IN GENERAL.—Not later than 3 years after Secretary shall consider whether— (i) conduct an evaluation of the accomplish- the date on which funds are made available to (i) the local coordinating entity represents the ments of the Heritage Area; and develop the management plan, the local coordi- diverse interests of the Heritage Area, including (ii) prepare a report with recommendations for nating entity shall submit to the Secretary for governments, natural and historic resource pro- the future role of the National Park Service, if approval a proposed management plan for the tection organizations, educational institutions, any, with respect to the Heritage Area, in ac- Heritage Area. businesses, community residents, and rec- cordance with subparagraph (C). (2) REQUIREMENTS.—The management plan reational organizations; (B) EVALUATION.—An evaluation conducted for the Heritage Area shall— (ii) the local coordinating entity has afforded under subparagraph (A)(i) shall— (A) describe comprehensive policies, goals, adequate opportunity for public and govern- (i) assess the progress of the local coordi- strategies, and recommendations for telling the mental involvement (including through work- nating entity with respect to— story of the heritage of the region and encour- shops and public meetings) in the preparation of (I) accomplishing the purposes of this section aging long-term resource protection, enhance- the management plan; for the Heritage Area; and ment, interpretation, funding, management, and (iii) the resource protection and interpretation (II) achieving the goals and objectives of the development of the Heritage Area; strategies described in the management plan, if approved management plan for the Heritage (B) take into consideration existing State, implemented, would adequately protect the nat- Area; county, and local plans in the development and ural, historic, and cultural resources of the Her- (ii) analyze the Federal, State, local, and pri- implementation of the management plan; itage Area; vate investments in the Heritage Area to deter- (C) include a description of actions and com- (iv) the management plan would not adversely mine the leverage and impact of the invest- mitments that governments, private organiza- affect any activities authorized on Federal or ments; and tions, and citizens plan to take to protect, en- tribal land under applicable laws or land use (iii) review the management structure, part- hance, and interpret the natural, historic, sce- plans; nership relationships, and funding of the Herit- nic, and cultural resources of the Heritage Area; (D) specify existing and potential sources of (v) the Secretary has received adequate assur- age Area for purposes of identifying the critical funding or economic development strategies to ances from the appropriate State, tribal, and components for sustainability of the Heritage protect, enhance, interpret, fund, manage, and local officials whose support is needed to ensure Area. develop the Heritage Area; the effective implementation of the State, tribal, (C) REPORT.— (E) include an inventory of the natural, his- and local aspects of the management plan; and (i) IN GENERAL.—Based on the evaluation con- toric, cultural, educational, scenic, and rec- (vi) the local coordinating entity has dem- ducted under subparagraph (A)(i), the Secretary reational resources of the Heritage Area relating onstrated the financial capability, in partner- shall prepare a report that includes rec- to the stories and themes of the region that ship with others, to carry out the management ommendations for the future role of the Na- should be protected, enhanced, managed, or de- plan. tional Park Service, if any, with respect to the veloped; (D) ACTION FOLLOWING DISAPPROVAL.— Heritage Area. (F) recommend policies and strategies for re- (i) IN GENERAL.—If the Secretary disapproves (ii) REQUIRED ANALYSIS.—If the report pre- source management including, the development the management plan, the Secretary— pared under this subparagraph recommends of intergovernmental and interagency agree- (I) shall advise the local coordinating entity that Federal funding for the Heritage Area be ments to protect the natural, historic, cultural, in writing of the reasons for the disapproval; reauthorized, the report shall include an anal- educational, scenic, and recreational resources and ysis of— of the Heritage Area; (II) may make recommendations to the local (I) ways in which Federal funding for the (G) describe a program for implementation of coordinating entity for revisions to the manage- Heritage Area may be reduced or eliminated; the management plan, including— ment plan. and (i) performance goals; (ii) DEADLINE.—Not later than 180 days after (II) the appropriate time period necessary to (ii) plans for resource protection, enhance- receiving a revised management plan, the Sec- achieve the recommended reduction or elimi- ment, and interpretation; and retary shall approve or disapprove the revised nation. (iii) specific commitments for implementation management plan. (iii) SUBMISSION TO CONGRESS.—On completion that have been made by the local coordinating (E) AMENDMENTS.— of a report under this subparagraph, the Sec- entity or any government, organization, busi- (i) IN GENERAL.—An amendment to the man- retary shall submit the report to— ness, or individual; agement plan that substantially alters the pur- (I) the Committee on Energy and Natural Re- (H) include an analysis of, and recommenda- poses of the Heritage Area shall be reviewed by sources of the Senate; and tions for, ways in which Federal, State, tribal, the Secretary and approved or disapproved in (II) the Committee on Natural Resources of and local programs may best be coordinated (in- the same manner as the original management the House of Representatives. cluding the role of the National Park Service plan. (f) RELATIONSHIP TO OTHER FEDERAL AGEN- and other Federal agencies associated with the (ii) IMPLEMENTATION.—The local coordinating CIES.— Heritage Area) to further the purposes of this entity shall not use Federal funds authorized to (1) IN GENERAL.—Nothing in this section af- section; be appropriated by this section to implement an fects the authority of a Federal agency to pro- (I) include an interpretive plan for the Herit- amendment to the management plan until the vide technical or financial assistance under any age Area; and Secretary approves the amendment. other law. (J) include a business plan that— (e) DUTIES AND AUTHORITIES OF THE SEC- (2) CONSULTATION AND COORDINATION.—To the (i) describes the role, operation, financing, RETARY.— maximum extent practicable, the head of any and functions of the local coordinating entity (1) TECHNICAL AND FINANCIAL ASSISTANCE.— Federal agency planning to conduct activities and of each of the major activities described in (A) IN GENERAL.—On the request of the local that may have an impact on the Heritage Area the management plan; and coordinating entity, the Secretary may provide is encouraged to consult and coordinate the ac- (ii) provides adequate assurances that the technical and financial assistance, on a reim- tivities with the Secretary and the local coordi- local coordinating entity has the partnerships bursable or nonreimbursable basis (as deter- nating entity.

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(3) OTHER FEDERAL AGENCIES.—Nothing in (3) MANAGEMENT PLAN.—The term ‘‘manage- formation pertaining to the expenditure of the this section— ment plan’’ means the management plan for the funds and any matching funds; (A) modifies, alters, or amends any laws (in- Heritage Area required under subsection (G) require in all agreements authorizing ex- cluding regulations) authorizing a Federal (d)(1)(A). penditures of Federal funds by other organiza- agency to manage Federal land under the juris- (4) MAP.—The term ‘‘map’’ means the map en- tions, that the receiving organizations make diction of the Federal agency; titled ‘‘Freedom’s Way National Heritage Area’’, available for audit all records and other infor- (B) limits the discretion of a Federal land numbered T04/80,000, and dated July 2007. mation pertaining to the expenditure of the manager to implement an approved land use (5) SECRETARY.—The term ‘‘Secretary’’ means funds; and plan within the boundaries of the Heritage the Secretary of the Interior. (H) encourage, by appropriate means, eco- Area; or (c) ESTABLISHMENT.— nomic development that is consistent with the (C) modifies, alters, or amends any authorized (1) IN GENERAL.—There is established the purposes of the Heritage Area. use of Federal land under the jurisdiction of a Freedom’s Way National Heritage Area in the (2) AUTHORITIES.—The local coordinating en- Federal agency. States of Massachusetts and New Hampshire. tity may, subject to the prior approval of the (g) PROPERTY OWNERS AND REGULATORY PRO- (2) BOUNDARIES.— Secretary, for the purposes of preparing and im- TECTIONS.—Nothing in this section— (A) IN GENERAL.—The boundaries of the Herit- plementing the management plan, use Federal (1) abridges the rights of any owner of public age Area shall be as generally depicted on the funds made available under this section to— or private property, including the right to re- map. (A) make grants to the States of Massachu- frain from participating in any plan, project, (B) REVISION.—The boundaries of the Herit- setts and New Hampshire, political subdivisions program, or activity conducted within the Herit- age Area may be revised if the revision is— of the States, nonprofit organizations, and other age Area; (i) proposed in the management plan; persons; (2) requires any property owner to— (ii) approved by the Secretary in accordance (B) enter into cooperative agreements with, or (A) permit public access (including Federal, with subsection (e)(4); and provide technical assistance to, the States of tribal, State, or local government access) to the (iii) placed on file in accordance with para- Massachusetts and New Hampshire, political property; or graph (3). subdivisions of the States, nonprofit organiza- (B) modify any provisions of Federal, tribal, (3) AVAILABILITY OF MAP.—The map shall be tions, Federal agencies, and other interested State, or local law with regard to public access on file and available for public inspection in the parties; or use of private land; appropriate offices of the National Park Service (C) hire and compensate staff; (3) alters any duly adopted land use regula- and the local coordinating entity. (D) obtain funds or services from any source, tions, approved land use plan, or any other reg- (4) LOCAL COORDINATING ENTITY.—The Free- including funds and services provided under ulatory authority of any Federal, State, or local dom’s Way Heritage Association, Inc., shall be any other Federal law or program; agency, or tribal government; the local coordinating entity for the Heritage (E) contract for goods or services; and (4) conveys any land use or other regulatory Area. (F) support activities of partners and any other activities that further the purposes of the authority to the local coordinating entity; (d) DUTIES AND AUTHORITIES OF LOCAL CO- (5) authorizes or implies the reservation or ap- Heritage Area and are consistent with the ap- ORDINATING ENTITY.— propriation of water or water rights; proved management plan. (1) DUTIES OF THE LOCAL COORDINATING ENTI- (6) diminishes the authority of the State to (3) PROHIBITION ON ACQUISITION OF REAL TY.—To further the purposes of the Heritage manage fish and wildlife, including the regula- PROPERTY.—The local coordinating entity may Area, the local coordinating entity shall— tion of fishing and hunting within the Heritage not use Federal funds received under this sec- (A) prepare, and submit to the Secretary, in Area; or tion to acquire any interest in real property. accordance with subsection (e), a management (7) creates any liability, or affects any liabil- (4) USE OF FUNDS FOR NON-FEDERAL PROP- plan for the Heritage Area; ity under any other law, of any private property ERTY.—The local coordinating entity may use (B) assist units of local government, regional owner with respect to any person injured on the Federal funds made available under this section planning organizations, and nonprofit organi- private property. to assist non-Federal property that is— zations in implementing the approved manage- (h) AUTHORIZATION OF APPROPRIATIONS.— (A) described in the management plan; or ment plan by— (1) IN GENERAL.—There is authorized to be ap- (B) listed, or eligible for listing, on the Na- (i) carrying out programs and projects that propriated to carry out this section $10,000,000, tional Register of Historic Places. recognize and protect important resource values of which not more than $1,000,000 may be made (e) MANAGEMENT PLAN.— within the Heritage Area; available for any fiscal year. (1) IN GENERAL.—Not later than 3 years after (ii) establishing and maintaining interpretive (2) COST-SHARING REQUIREMENT.— the date on which funds are made available to (A) IN GENERAL.—The Federal share of the exhibits and programs within the Heritage Area; develop the management plan, the local coordi- total cost of any activity under this section shall (iii) developing recreational and educational nating entity shall submit to the Secretary for be not more than 50 percent. opportunities in the Heritage Area; approval a proposed management plan for the (B) FORM.—The non-Federal contribution— (iv) increasing public awareness of, and ap- Heritage Area. (i) shall be from non-Federal sources; and preciation for, natural, historic, and cultural re- (2) REQUIREMENTS.—The management plan (ii) may be in the form of in-kind contribu- sources of the Heritage Area; for the Heritage Area shall— tions of goods or services fairly valued. (v) protecting and restoring historic buildings (A) describe comprehensive policies, goals, (i) TERMINATION OF EFFECTIVENESS.—The au- in the Heritage Area that are consistent with strategies, and recommendations for the con- thority of the Secretary to provide assistance the themes of the Heritage Area; and servation, funding, management, and develop- under this section terminates on the date that is (vi) ensuring that signs identifying points of ment of the Heritage Area; 15 years after the date of enactment of this Act. public access and sites of interest are posted (B) take into consideration existing State, SEC. 8006. FREEDOM’S WAY NATIONAL HERITAGE throughout the Heritage Area; county, and local plans in the development and AREA, MASSACHUSETTS AND NEW (C) consider the interests of diverse units of implementation of the management plan; HAMPSHIRE. government, businesses, organizations, and indi- (C) provide a framework for coordination of (a) PURPOSES.—The purposes of this section viduals in the Heritage Area in the preparation the plans considered under subparagraph (B) to are— and implementation of the management plan; present a unified historic preservation and in- (1) to foster a close working relationship be- (D) conduct meetings open to the public at terpretation plan; tween the Secretary and all levels of govern- least quarterly regarding the development and (D) contain the contributions of residents, ment, the private sector, and local communities implementation of the management plan; public agencies, and private organizations with- in the States of Massachusetts and New Hamp- (E) submit an annual report to the Secretary in the Heritage Area; shire; for each fiscal year for which the local coordi- (E) include a description of actions and com- (2) to assist the entities described in para- nating entity receives Federal funds under this mitments that governments, private organiza- graph (1) to preserve the special historic identity section specifying— tions, and citizens plan to take to protect, en- of the Heritage Area; and (i) the accomplishments of the local coordi- hance, and interpret the natural, historic, sce- (3) to manage, preserve, protect, and interpret nating entity; nic, and cultural resources of the Heritage Area; the cultural, historic, and natural resources of (ii) the expenses and income of the local co- (F) specify existing and potential sources of the Heritage Area for the educational and inspi- ordinating entity; funding or economic development strategies to rational benefit of future generations. (iii) the amounts and sources of matching conserve, manage, and develop the Heritage (b) DEFINITIONS.—In this section: funds; Area; (1) HERITAGE AREA.—The term ‘‘Heritage (iv) the amounts leveraged with Federal funds (G) include an inventory of the natural, his- Area’’ means the Freedom’s Way National Her- and sources of the leveraged funds; and toric, and recreational resources of the Heritage itage Area established by subsection (c)(1). (v) grants made to any other entities during Area, including a list of properties that— (2) LOCAL COORDINATING ENTITY.—The term the fiscal year; (i) are related to the themes of the Heritage ‘‘local coordinating entity’’ means the local co- (F) make available for audit for each fiscal Area; and ordinating entity for the Heritage Area des- year for which the local coordinating entity re- (ii) should be conserved, restored, managed, ignated by subsection (c)(4). ceives Federal funds under this section, all in- developed, or maintained;

VerDate Mar 15 2010 12:18 Aug 01, 2011 Jkt 079102 PO 00000 Frm 00088 Fmt 0688 Sfmt 6333 E:\BR09\H25MR9.003 H25MR9 erowe on DSK5CLS3C1PROD with BOUND RECORD March 25, 2009 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 7 8671 (H) recommend policies and strategies for re- (II) may make recommendations to the local (II) the appropriate time period necessary to source management that— coordinating entity for revisions to the manage- achieve the recommended reduction or elimi- (i) apply appropriate land and water manage- ment plan. nation. ment techniques; (ii) DEADLINE.—Not later than 180 days after (iii) SUBMISSION TO CONGRESS.—On completion (ii) include the development of intergovern- receiving a revised management plan, the Sec- of a report under this subparagraph, the Sec- mental and interagency agreements to protect retary shall approve or disapprove the revised retary shall submit the report to— the natural, historic, and cultural resources of management plan. (I) the Committee on Energy and Natural Re- the Heritage Area; and (D) AMENDMENTS.— sources of the Senate; and (iii) support economic revitalization efforts; (i) IN GENERAL.—An amendment to the man- (II) the Committee on Natural Resources of (I) describe a program for implementation of agement plan that substantially alters the pur- the House of Representatives. the management plan, including— poses of the Heritage Area shall be reviewed by (g) RELATIONSHIP TO OTHER FEDERAL AGEN- (i) restoration and construction plans or the Secretary and approved or disapproved in CIES.— goals; the same manner as the original management (1) IN GENERAL.—Nothing in this section af- (ii) a program of public involvement; plan. fects the authority of a Federal agency to pro- (iii) annual work plans; and (ii) IMPLEMENTATION.—The local coordinating vide technical or financial assistance under any (iv) annual reports; entity shall not use Federal funds authorized to other law. (J) include an analysis of, and recommenda- be appropriated by this section to implement an (2) CONSULTATION AND COORDINATION.—To the tions for, ways in which Federal, State, tribal, amendment to the management plan until the maximum extent practicable, the head of any and local programs may best be coordinated (in- Secretary approves the amendment. Federal agency planning to conduct activities cluding the role of the National Park Service (f) DUTIES AND AUTHORITIES OF THE SEC- that may have an impact on the Heritage Area and other Federal agencies associated with the RETARY.— is encouraged to consult and coordinate the ac- Heritage Area) to further the purposes of this (1) TECHNICAL AND FINANCIAL ASSISTANCE.— tivities with the Secretary and the local coordi- section; (A) IN GENERAL.—On the request of the local nating entity. (K) include an interpretive plan for the Herit- coordinating entity, the Secretary may provide (3) OTHER FEDERAL AGENCIES.—Nothing in age Area; and technical and financial assistance, on a reim- this section— (L) include a business plan that— bursable or nonreimbursable basis (as deter- (A) modifies, alters, or amends any laws (in- (i) describes the role, operation, financing, mined by the Secretary), to the local coordi- cluding regulations) authorizing a Federal and functions of the local coordinating entity nating entity to develop and implement the agency to manage Federal land under the juris- and of each of the major activities described in management plan. diction of the Federal agency; the management plan; and (B) COOPERATIVE AGREEMENTS.—The Sec- (B) limits the discretion of a Federal land (ii) provides adequate assurances that the retary may enter into cooperative agreements manager to implement an approved land use local coordinating entity has the partnerships with the local coordinating entity and other plan within the boundaries of the Heritage and financial and other resources necessary to public or private entities to provide technical or Area; or implement the management plan for the Herit- financial assistance under subparagraph (A). (C) modifies, alters, or amends any authorized age Area. (C) PRIORITY.—In assisting the Heritage Area, use of Federal land under the jurisdiction of a (3) TERMINATION OF FUNDING.—If the manage- the Secretary shall give priority to actions that Federal agency. ment plan is not submitted to the Secretary in assist in— (h) PROPERTY OWNERS AND REGULATORY PRO- (i) conserving the significant natural, historic, accordance with this section, the local coordi- TECTIONS.—Nothing in this section— nating entity shall not qualify for additional fi- and cultural resources of the Heritage Area; and (1) abridges the rights of any owner of public (ii) providing educational, interpretive, and nancial assistance under this section until the or private property, including the right to re- recreational opportunities consistent with the management plan is submitted to, and approved frain from participating in any plan, project, purposes of the Heritage Area. by, the Secretary. program, or activity conducted within the Herit- (2) EVALUATION; REPORT.— (4) APPROVAL OF MANAGEMENT PLAN.— (A) IN GENERAL.—Not later than 3 years before age Area; (A) REVIEW.—Not later than 180 days after the date on which authority for Federal funding (2) requires any property owner to— the date on which the Secretary receives the terminates for the Heritage Area under sub- (A) permit public access (including Federal, management plan, the Secretary shall approve section (j), the Secretary shall— tribal, State, or local government access) to the or disapprove the management plan. (i) conduct an evaluation of the accomplish- property; or (B) CRITERIA FOR APPROVAL.—In determining ments of the Heritage Area; and (B) modify any provisions of Federal, tribal, whether to approve the management plan, the (ii) prepare a report with recommendations for State, or local law with regard to public access Secretary shall consider whether— the future role of the National Park Service, if or use of private land; (i) the local coordinating entity represents the any, with respect to the Heritage Area, in ac- (3) alters any duly adopted land use regula- diverse interests of the Heritage Area, including cordance with subparagraph (C). tions, approved land use plan, or any other reg- governments, natural and historic resource pro- (B) EVALUATION.—An evaluation conducted ulatory authority of any Federal, State, or local tection organizations, educational institutions, under subparagraph (A)(i) shall— agency, or tribal government; businesses, community residents, and rec- (i) assess the progress of the local coordi- (4) conveys any land use or other regulatory reational organizations; nating entity with respect to— authority to the local coordinating entity; (ii) the local coordinating entity has afforded (I) accomplishing the purposes of this section (5) authorizes or implies the reservation or ap- adequate opportunity for public and govern- for the Heritage Area; and propriation of water or water rights; mental involvement (including through work- (II) achieving the goals and objectives of the (6) diminishes the authority of the States of shops and public meetings) in the preparation of approved management plan for the Heritage Massachusetts and New Hampshire to manage the management plan; Area; fish and wildlife, including the regulation of (iii) the resource protection and interpretation (ii) analyze the Federal, State, local, and pri- fishing and hunting within the Heritage Area; strategies described in the management plan, if vate investments in the Heritage Area to deter- or implemented, would adequately protect the nat- mine the leverage and impact of the invest- (7) creates any liability, or affects any liabil- ural, historic, and cultural resources of the Her- ments; and ity under any other law, of any private property itage Area; (iii) review the management structure, part- owner with respect to any person injured on the (iv) the management plan would not adversely nership relationships, and funding of the Herit- private property. affect any activities authorized on Federal or age Area for purposes of identifying the critical (i) AUTHORIZATION OF APPROPRIATIONS.— tribal land under applicable laws or land use components for sustainability of the Heritage (1) IN GENERAL.—There is authorized to be ap- plans; Area. propriated to carry out this section $10,000,000, (v) the Secretary has received adequate assur- (C) REPORT.— of which not more than $1,000,000 may be made ances from the appropriate State, tribal, and (i) IN GENERAL.—Based on the evaluation con- available for any fiscal year. local officials whose support is needed to ensure ducted under subparagraph (A)(i), the Secretary (2) AVAILABILITY.—Funds made available the effective implementation of the State, tribal, shall prepare a report that includes rec- under paragraph (1) shall remain available and local aspects of the management plan; and ommendations for the future role of the Na- until expended. (vi) the local coordinating entity has dem- tional Park Service, if any, with respect to the (3) COST-SHARING REQUIREMENT.— onstrated the financial capability, in partner- Heritage Area. (A) IN GENERAL.—The Federal share of the ship with others, to carry out the management (ii) REQUIRED ANALYSIS.—If the report pre- total cost of any activity under this section shall plan. pared under this subparagraph recommends be not more than 50 percent. (C) ACTION FOLLOWING DISAPPROVAL.— that Federal funding for the Heritage Area be (B) FORM.—The non-Federal contribution (i) IN GENERAL.—If the Secretary disapproves reauthorized, the report shall include an anal- may be in the form of in-kind contributions of the management plan, the Secretary— ysis of— goods or services fairly valued. (I) shall advise the local coordinating entity (I) ways in which Federal funding for the (j) TERMINATION OF FINANCIAL ASSISTANCE.— in writing of the reasons for the disapproval; Heritage Area may be reduced or eliminated; The authority of the Secretary to provide finan- and and cial assistance under this section terminates on

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the date that is 15 years after the date of enact- (ii) COMPOSITION.—Members of the Board of (3) PROHIBITION ON ACQUISITION OF REAL ment of this Act. Directors shall consist of— PROPERTY.—The local coordinating entity may SEC. 8007. MISSISSIPPI HILLS NATIONAL HERIT- (I) not more than 1 representative from each not use Federal funds received under this sec- AGE AREA. of the counties described in paragraph (2)(A); tion to acquire any interest in real property. (a) DEFINITIONS.—In this section: and (d) MANAGEMENT PLAN.— (1) HERITAGE AREA.—The term ‘‘Heritage (II) any ex-officio members that may be ap- (1) IN GENERAL.—Not later than 3 years after Area’’ means the Mississippi Hills National Her- pointed by the Board of Directors, as the Board the date on which funds are made available to itage Area established by subsection (b)(1). of Directors determines to be necessary. develop the management plan, the local coordi- (2) LOCAL COORDINATING ENTITY.—The term (c) DUTIES AND AUTHORITIES OF LOCAL CO- nating entity shall submit to the Secretary for ‘‘local coordinating entity’’ means the local co- ORDINATING ENTITY.— approval a proposed management plan for the ordinating entity for Heritage Area designated (1) DUTIES OF THE LOCAL COORDINATING ENTI- Heritage Area. by subsection (b)(3)(A). TY.—To further the purposes of the Heritage (2) REQUIREMENTS.—The management plan (3) MANAGEMENT PLAN.—The term ‘‘manage- Area, the local coordinating entity shall— for the Heritage Area shall— ment plan’’ means the management plan for the (A) prepare, and submit to the Secretary, in (A) provide recommendations for the preserva- Heritage Area required under subsection accordance with subsection (d), a management tion, conservation, enhancement, funding, man- (c)(1)(A). plan for the Heritage Area; agement, interpretation, development, and pro- (4) SECRETARY.—The term ‘‘Secretary’’ means (B) assist units of local government, regional motion of the cultural, historical, archae- the Secretary of the Interior. planning organizations, and nonprofit organi- ological, natural, and recreational resources of (5) STATE.—The term ‘‘State’’ means the State zations in implementing the approved manage- the Heritage Area; of Mississippi. ment plan by— (B) specify existing and potential sources of (b) MISSISSIPPI HILLS NATIONAL HERITAGE (i) establishing and maintaining interpretive funding or economic development strategies to AREA.— protect, enhance, interpret, fund, manage, and (1) ESTABLISHMENT.—There is established the exhibits and programs within the Heritage Area; (ii) developing recreational opportunities in develop the Heritage Area; Mississippi Hills National Heritage Area in the (C) include— State. the Heritage Area; (iii) increasing public awareness of, and ap- (i) an inventory of the natural, historical, cul- (2) BOUNDARIES.— tural, archaeological, and recreational resources (A) AFFECTED COUNTIES.—The Heritage Area preciation for, natural, historical, cultural, ar- of the Heritage Area; and shall consist of all, or portions of, as specified chaeological, and recreational resources of the (ii) an analysis of how Federal, State, tribal, by the boundary description in subparagraph Heritage Area; and local programs may best be coordinated to (B), Alcorn, Attala, Benton, Calhoun, Carroll, (iv) restoring historic sites and buildings in the Heritage Area that are consistent with the promote and carry out this section; Chickasaw, Choctaw, Clay, DeSoto, Grenada, (D) provide recommendations for educational themes of the Heritage Area; and Holmes, Itawamba, Lafayette, Lee, Lowndes, and interpretive programs to provide informa- (v) carrying out any other activity that the Marshall, Monroe, Montgomery, Noxubee, tion to the public on the resources of the Herit- local coordinating entity determines to be con- Oktibbeha, Panola, Pontotoc, Prentiss, Tate, age Area; and sistent with this section; Tippah, Tishomingo, Union, Webster, Winston, (E) involve residents of affected communities (C) conduct meetings open to the public at and Yalobusha Counties in the State. and tribal and local governments. OUNDARY DESCRIPTION least annually regarding the development and (B) B .—The Heritage (3) TERMINATION OF FUNDING.—If the manage- implementation of the management plan; Area shall have the following boundary descrip- ment plan is not submitted to the Secretary in (D) submit an annual report to the Secretary tion: accordance with this subsection, the local co- (i) traveling counterclockwise, the Heritage for each fiscal year for which the local coordi- ordinating entity shall not qualify for addi- Area shall be bounded to the west by U.S. High- nating entity receives Federal funds under this tional financial assistance under this section way 51 from the Tennessee State line until it section specifying— until the management plan is submitted to, and intersects Interstate 55 (at Geeslin Corner ap- (i) the accomplishments of the local coordi- approved by, the Secretary. proximately 1⁄2 mile due north of Highway Inter- nating entity; (4) APPROVAL OF MANAGEMENT PLAN.— change 208); (ii) the expenses and income of the local co- (A) REVIEW.—Not later than 180 days after (ii) from this point, Interstate 55 shall be the ordinating entity; the date on which the Secretary receives the western boundary until it intersects with Mis- (iii) the amounts and sources of matching management plan, the Secretary shall approve sissippi Highway 12 at Highway Interchange funds; or disapprove the management plan. 156, the intersection of which shall be the south- (iv) the amounts leveraged with Federal funds (B) CONSULTATION REQUIRED.—The Secretary west terminus of the Heritage Area; and sources of the leveraged funds; and shall consult with the Governor of the State and (iii) from the southwest terminus, the bound- (v) grants made to any other entities during any tribal government in which the Heritage ary shall— the fiscal year; Area is located before approving the manage- (I) extend east along Mississippi Highway 12 (E) make available for audit for each fiscal ment plan. until it intersects U.S. Highway 51; year for which the local coordinating entity re- (C) CRITERIA FOR APPROVAL.—In determining (II) follow Highway 51 south until it is inter- ceives Federal funds under this section, all in- sected again by Highway 12; whether to approve the management plan, the formation pertaining to the expenditure of the Secretary shall consider whether— (III) extend along Highway 12 into downtown funds and any matching funds; Kosciusko where it intersects Mississippi High- (i) the local coordinating entity represents the (F) require in all agreements authorizing ex- diverse interests of the Heritage Area, including way 35; penditures of Federal funds by other organiza- (IV) follow Highway 35 south until it is inter- governments, natural and historical resource tions, that the receiving organizations make sected by Mississippi Highway 14; and protection organizations, educational institu- available for audit all records and other infor- (V) extend along Highway 14 until it reaches tions, businesses, community residents, and rec- mation pertaining to the expenditure of the the Alabama State line, the intersection of reational organizations; funds; and which shall be the southeast terminus of the (ii) the local coordinating entity has afforded (G) ensure that each county included in the Heritage Area; adequate opportunity for public and govern- (iv) from the southeast terminus, the bound- Heritage Area is appropriately represented on mental involvement (including through work- ary of the Heritage Area shall follow the Mis- any oversight advisory committee established shops and public meetings) in the preparation of sissippi-Alabama State line until it reaches the under this section to coordinate the Heritage the management plan; Mississippi-Tennessee State line, the intersec- Area. (iii) the resource protection and interpretation tion of which shall be the northeast terminus of (2) AUTHORITIES.—The local coordinating en- strategies described in the management plan, if the Heritage Area; and tity may, subject to the prior approval of the implemented, would adequately protect the nat- (v) the boundary shall extend due west until Secretary, for the purposes of preparing and im- ural, historical, cultural, archaeological, and it reaches U.S. Highway 51, the intersection of plementing the management plan, use Federal recreational resources of the Heritage Area; which shall be the northwest terminus of the funds made available under this section to— (iv) the management plan would not adversely Heritage Area. (A) make grants and loans to the State, polit- affect any activities authorized on Federal or (3) LOCAL COORDINATING ENTITY.— ical subdivisions of the State, nonprofit organi- tribal land under applicable laws or land use (A) IN GENERAL.—The local coordinating enti- zations, and other persons; plans; ty for the Heritage Area shall be the Mississippi (B) enter into cooperative agreements with, or (v) the Secretary has received adequate assur- Hills Heritage Area Alliance, a nonprofit orga- provide technical assistance to, the State, polit- ances from the appropriate State, tribal, and nization registered by the State, with the co- ical subdivisions of the State, nonprofit organi- local officials whose support is needed to ensure operation and support of the University of Mis- zations, and other organizations; the effective implementation of the State, tribal, sissippi. (C) hire and compensate staff; and local aspects of the management plan; and (B) BOARD OF DIRECTORS.— (D) obtain funds or services from any source, (vi) the local coordinating entity has dem- (i) IN GENERAL.—The local coordinating entity including funds and services provided under onstrated the financial capability, in partner- shall be governed by a Board of Directors com- any other Federal law or program; and ship with others, to carry out the management prised of not more than 30 members. (E) contract for goods or services. plan.

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(D) ACTION FOLLOWING DISAPPROVAL.— (C) REPORT.— (A) restricts an Indian tribe from protecting (i) IN GENERAL.—If the Secretary disapproves (i) IN GENERAL.—Based on the evaluation con- cultural or religious sites on tribal land; or the management plan, the Secretary— ducted under subparagraph (A)(i), the Secretary (B) diminishes the trust responsibilities or gov- (I) shall advise the local coordinating entity shall prepare a report that includes rec- ernment-to-government obligations of the in writing of the reasons for the disapproval; ommendations for the future role of the Na- United States to any Indian tribe recognized by and tional Park Service, if any, with respect to the the Federal Government. (II) may make recommendations to the local Heritage Area. (h) AUTHORIZATION OF APPROPRIATIONS.— coordinating entity for revisions to the manage- (ii) REQUIRED ANALYSIS.—If the report pre- (1) IN GENERAL.—There is authorized to be ap- ment plan. pared under this subparagraph recommends propriated to carry out this section $10,000,000, (ii) DEADLINE.—Not later than 180 days after that Federal funding for the Heritage Area be of which not more than $1,000,000 may be made receiving a revised management plan, the Sec- reauthorized, the report shall include an anal- available for any fiscal year. retary shall approve or disapprove the revised ysis of— (2) AVAILABILITY.—Amounts made available management plan. (I) ways in which Federal funding for the under paragraph (1) shall remain available (E) REVIEW; AMENDMENTS.— Heritage Area may be reduced or eliminated; until expended. (i) IN GENERAL.—After approval by the Sec- and (3) COST-SHARING REQUIREMENT.— retary of the management plan, the Alliance (II) the appropriate time period necessary to (A) IN GENERAL.—The Federal share of the shall periodically— achieve the recommended reduction or elimi- total cost of any activity under this section shall (I) review the management plan; and nation. be not more than 50 percent. (II) submit to the Secretary, for review and (iii) SUBMISSION TO CONGRESS.—On completion (B) FORM.—The non-Federal contribution— approval by the Secretary, any recommenda- of a report under this subparagraph, the Sec- (i) shall be from non-Federal sources; and tions for revisions to the management plan. retary shall submit the report to— (ii) may be in the form of in-kind contribu- (ii) IN GENERAL.—An amendment to the man- (I) the Committee on Energy and Natural Re- tions of goods or services fairly valued. agement plan that substantially alters the pur- sources of the Senate; and (i) TERMINATION OF FINANCIAL ASSISTANCE.— poses of the Heritage Area shall be reviewed by (II) the Committee on Natural Resources of The authority of the Secretary to provide finan- the Secretary and approved or disapproved in the House of Representatives. cial assistance under this section terminates on the same manner as the original management (f) RELATIONSHIP TO OTHER FEDERAL AGEN- the date that is 15 years after the date of enact- plan. CIES.— ment of this Act. MPLEMENTATION (iii) I .—The local coordi- (1) IN GENERAL.—Nothing in this section af- SEC. 8008. MISSISSIPPI DELTA NATIONAL HERIT- nating entity shall not use Federal funds au- fects the authority of a Federal agency to pro- AGE AREA. thorized to be appropriated by this section to im- vide technical or financial assistance under any (a) DEFINITIONS.—In this section: plement an amendment to the management plan other law. (1) BOARD.—The term ‘‘Board’’ means the until the Secretary approves the amendment. (2) CONSULTATION AND COORDINATION.—To the Board of Directors of the local coordinating en- (e) DUTIES AND AUTHORITIES OF THE SEC- maximum extent practicable, the head of any tity. RETARY.— Federal agency planning to conduct activities (2) HERITAGE AREA.—The term ‘‘Heritage (1) TECHNICAL AND FINANCIAL ASSISTANCE.— that may have an impact on the Heritage Area Area’’ means the Mississippi Delta National (A) IN GENERAL.—On the request of the local is encouraged to consult and coordinate the ac- Heritage Area established by subsection (b)(1). coordinating entity, the Secretary may provide (3) LOCAL COORDINATING ENTITY.—The term tivities with the Secretary and the local coordi- technical and financial assistance, on a reim- ‘‘local coordinating entity’’ means the local co- nating entity. bursable or nonreimbursable basis (as deter- ordinating entity for the Heritage Area des- (3) OTHER FEDERAL AGENCIES.—Nothing in mined by the Secretary), to the local coordi- this section— ignated by subsection (b)(4)(A). nating entity to develop and implement the (4) MANAGEMENT PLAN.—The term ‘‘manage- (A) modifies, alters, or amends any laws (in- management plan. ment plan’’ means the management plan for the cluding regulations) authorizing a Federal (B) COOPERATIVE AGREEMENTS.—The Sec- Heritage Area developed under subsection (d). agency to manage Federal land under the juris- retary may enter into cooperative agreements (5) MAP.—The term ‘‘map’’ means the map en- diction of the Federal agency; with the local coordinating entity and other titled ‘‘Mississippi Delta National Heritage (B) limits the discretion of a Federal land public or private entities to provide technical or Area’’, numbered T13/80,000, and dated April manager to implement an approved land use financial assistance under subparagraph (A). 2008. plan within the boundaries of the Heritage (C) PRIORITY.—In assisting the Heritage Area, (6) SECRETARY.—The term ‘‘Secretary’’ means Area; or the Secretary shall give priority to actions that the Secretary of the Interior. (C) modifies, alters, or amends any authorized assist in— (7) STATE.—The term ‘‘State’’ means the State (i) conserving the significant natural, histor- use of Federal land under the jurisdiction of a of Mississippi. Federal agency. ical, cultural, archaeological, and recreational (b) ESTABLISHMENT.— resources of the Heritage Area; and (g) EFFECT.— (1) ESTABLISHMENT.—There is established in (ii) providing educational, interpretive, and (1) PROPERTY OWNERS AND REGULATORY PRO- the State the Mississippi Delta National Herit- recreational opportunities consistent with the TECTIONS.—Nothing in this section— age Area. purposes of the Heritage Area. (A) abridges the rights of any owner of public (2) BOUNDARIES.—The Heritage Area shall in- (2) EVALUATION; REPORT.— or private property, including the right to re- clude all counties in the State that contain land (A) IN GENERAL.—Not later than 3 years before frain from participating in any plan, project, located in the alluvial floodplain of the Mis- the date on which authority for Federal funding program, or activity conducted within the Herit- sissippi Delta, including Bolivar, Carroll, terminates for the Heritage Area under sub- age Area; Coahoma, Desoto, Holmes, Humphreys, section (i), the Secretary shall— (B) requires any property owner to— Issaquena, Leflore, Panola, Quitman, Sharkey, (i) conduct an evaluation of the accomplish- (i) permit public access (including Federal, Sunflower, Tallahatchie, Tate, Tunica, Warren, ments of the Heritage Area; and tribal, State, or local government access) to the Washington, and Yazoo Counties in the State, (ii) prepare a report with recommendations for property; or as depicted on the map. the future role of the National Park Service, if (ii) modify any provisions of Federal, tribal, (3) AVAILABILITY OF MAP.—The map shall be any, with respect to the Heritage Area, in ac- State, or local law with regard to public access on file and available for public inspection in the cordance with subparagraph (C). or use of private land; office of the Director of the National Park Serv- (B) EVALUATION.—An evaluation conducted (C) alters any duly adopted land use regula- ice. under subparagraph (A)(i) shall— tions, approved land use plan, or any other reg- (4) LOCAL COORDINATING ENTITY.— (i) assess the progress of the local coordi- ulatory authority of any Federal, State, or local (A) DESIGNATION.—The Mississippi Delta Na- nating entity with respect to— agency, or tribal government; tional Heritage Area Partnership shall be the (I) accomplishing the purposes of this section (D) conveys any land use or other regulatory local coordinating entity for the Heritage Area. for the Heritage Area; and authority to the local coordinating entity; (B) BOARD OF DIRECTORS.— (II) achieving the goals and objectives of the (E) authorizes or implies the reservation or (i) COMPOSITION.— approved management plan for the Heritage appropriation of water or water rights; (I) IN GENERAL.—The local coordinating entity Area; (F) diminishes the authority of the State to shall be governed by a Board of Directors com- (ii) analyze the Federal, State, local, and pri- manage fish and wildlife, including the regula- posed of 15 members, of whom— vate investments in the Heritage Area to deter- tion of fishing and hunting within the Heritage (aa) 1 member shall be appointed by Delta mine the leverage and impact of the invest- Area; or State University; ments; and (G) creates any liability, or affects any liabil- (bb) 1 member shall be appointed by Mis- (iii) review the management structure, part- ity under any other law, of any private property sissippi Valley State University; nership relationships, and funding of the Herit- owner with respect to any person injured on the (cc) 1 member shall be appointed by Alcorn age Area for purposes of identifying the critical private property. State University; components for sustainability of the Heritage (2) NO EFFECT ON INDIAN TRIBES.—Nothing in (dd) 1 member shall be appointed by the Delta Area. this section— Foundation;

VerDate Mar 15 2010 12:18 Aug 01, 2011 Jkt 079102 PO 00000 Frm 00091 Fmt 0688 Sfmt 6333 E:\BR09\H25MR9.003 H25MR9 erowe on DSK5CLS3C1PROD with BOUND RECORD 8674 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 7 March 25, 2009 (ee) 1 member shall be appointed by the Smith (v) protecting and restoring historic sites and ment, interpretation, funding, management, and Robertson Museum; buildings in the Heritage Area that are con- development of the Heritage Area; (ff) 1 member shall be appointed from the of- sistent with the themes of the Heritage Area; (B) take into consideration existing State, fice of the Governor of the State; (vi) ensuring that signs identifying points of county, and local plans in the development and (gg) 1 member shall be appointed by Delta public access and sites of interest are posted implementation of the management plan; Council; throughout the Heritage Area; and (C) include a description of actions and com- (hh) 1 member shall be appointed from the (vii) promoting a wide range of partnerships mitments that governments, private organiza- Mississippi Arts Commission; among governments, organizations, and individ- tions, and citizens plan to take to protect, en- (ii) 1 member shall be appointed from the Mis- uals to further the purposes of the Heritage hance, and interpret the cultural, historical, ar- sissippi Department of Archives and History; Area; chaeological, natural, and recreational re- (jj) 1 member shall be appointed from the Mis- (C) consider the interests of diverse units of sources of the Heritage Area; sissippi Humanities Council; and government, businesses, organizations, and indi- (D) specify existing and potential sources of (kk) up to 5 additional members shall be ap- viduals in the Heritage Area in the preparation funding or economic development strategies to pointed for staggered 1- and 2-year terms by and implementation of the management plan; protect, enhance, interpret, fund, manage, and County boards in the Heritage Area. (D) conduct meetings open to the public at develop the Heritage Area; (II) RESIDENCY REQUIREMENTS.—At least 7 least semiannually regarding the development (E) include an inventory of the cultural, his- members of the Board shall reside in the Herit- and implementation of the management plan; torical, archaeological, natural, and rec- age Area. (E) submit an annual report to the Secretary reational resources of the Heritage Area relating (ii) OFFICERS.— for each fiscal year for which the local coordi- to the stories and themes of the region that (I) IN GENERAL.—At the initial meeting of the should be protected, enhanced, managed, or de- Board, the members of the Board shall appoint nating entity receives Federal funds under this section specifying— veloped; a Chairperson, Vice Chairperson, and Secretary/ (F) recommend policies and strategies for re- (i) the accomplishments of the local coordi- Treasurer. source management including, the development nating entity; (II) DUTIES.— of intergovernmental and interagency agree- (ii) the expenses and income of the local co- (aa) CHAIRPERSON.—The duties of the Chair- ments to protect the natural, historic, cultural, ordinating entity; person shall include— educational, scenic, and recreational resources (iii) the amounts and sources of matching (AA) presiding over meetings of the Board; of the Heritage Area; (BB) executing documents of the Board; and funds; (G) describe a program for implementation of (CC) coordinating activities of the Heritage (iv) the amounts leveraged with Federal funds the management plan, including— Area with Federal, State, local, and nongovern- and sources of the leveraged funds; and (i) performance goals; mental officials. (v) grants made to any other entities during (ii) plans for resource protection, enhance- (bb) VICE CHAIRPERSON.—The Vice Chair- the fiscal year; ment, and interpretation; and person shall act as Chairperson in the absence (F) make available for audit for each fiscal (iii) specific commitments for implementation or disability of the Chairperson. year for which the local coordinating entity re- that have been made by the local coordinating (iii) MANAGEMENT AUTHORITY.— ceives Federal funds under this section, all in- entity or any government, organization, busi- (I) IN GENERAL.—The Board shall— formation pertaining to the expenditure of the ness, or individual; (aa) exercise all corporate powers of the local funds and any matching funds; (H) include an analysis of, and recommenda- coordinating entity; (G) require in all agreements authorizing ex- tions for, ways in which Federal, State, tribal, (bb) manage the activities and affairs of the penditures of Federal funds by other organiza- and local programs may best be coordinated (in- local coordinating entity; and tions, that the receiving organizations make cluding the role of the National Park Service (cc) subject to any limitations in the articles available for audit all records and other infor- and other Federal agencies associated with the and bylaws of the local coordinating entity, this mation pertaining to the expenditure of the Heritage Area) to further the purposes of this section, and any other applicable Federal or funds; and section; State law, establish the policies of the local co- (H) encourage, by appropriate means, eco- (I) include an interpretive plan for the Herit- ordinating entity. nomic development that is consistent with the age Area; and (II) STAFF.—The Board shall have the author- purposes of the Heritage Area. (J) include a business plan that— ity to employ any services and staff that are de- (2) AUTHORITIES.—The local coordinating en- (i) describes the role, operation, financing, termined to be necessary by a majority vote of tity may, subject to the prior approval of the and functions of the local coordinating entity the Board. Secretary, for the purposes of preparing and im- and of each of the major activities described in (iv) BYLAWS.— plementing the management plan, use Federal the management plan; and (I) IN GENERAL.—The Board may amend or re- funds made available under this section to— (ii) provides adequate assurances that the peal the bylaws of the local coordinating entity (A) make grants to the State, political subdivi- local coordinating entity has the partnerships at any meeting of the Board by a majority vote sions of the State, nonprofit organizations, and and financial and other resources necessary to of the Board. other persons; implement the management plan for the Herit- (II) NOTICE.—The Board shall provide notice (B) enter into cooperative agreements with, or age Area. of any meeting of the Board at which an (3) TERMINATION OF FUNDING.—If the manage- provide technical assistance to, the State, polit- amendment to the bylaws is to be considered ment plan is not submitted to the Secretary in ical subdivisions of the State, nonprofit organi- that includes the text or a summary of the pro- accordance with this subsection, the local co- zations, Federal agencies, and other interested posed amendment. ordinating entity shall not qualify for addi- parties; (v) MINUTES.—Not later than 60 days after a tional financial assistance under this section (C) hire and compensate staff; meeting of the Board, the Board shall distribute until the management plan is submitted to, and (D) obtain funds or services from any source, the minutes of the meeting among all Board approved by, the Secretary. including funds and services provided under members and the county supervisors in each (4) APPROVAL OF MANAGEMENT PLAN.— any other Federal law or program; county within the Heritage Area. (A) REVIEW.—Not later than 180 days after (c) DUTIES AND AUTHORITIES OF LOCAL CO- (E) contract for goods or services; and the date on which the Secretary receives the ORDINATING ENTITY.— (F) support activities of partners and any management plan, the Secretary shall approve (1) DUTIES OF THE LOCAL COORDINATING ENTI- other activities that further the purposes of the or disapprove the management plan. TY.—To further the purposes of the Heritage Heritage Area and are consistent with the ap- (B) CONSULTATION REQUIRED.—The Secretary Area, the local coordinating entity shall— proved management plan. shall consult with the Governor of the State and (A) prepare, and submit to the Secretary, in (3) PROHIBITION ON ACQUISITION OF REAL any tribal government in which the Heritage accordance with subsection (d), a management PROPERTY.—The local coordinating entity may Area is located before approving the manage- plan for the Heritage Area; not use Federal funds received under this sec- ment plan. (B) assist units of local government, regional tion to acquire any interest in real property. (C) CRITERIA FOR APPROVAL.—In determining planning organizations, and nonprofit organi- (d) MANAGEMENT PLAN.— whether to approve the management plan, the zations in implementing the approved manage- (1) IN GENERAL.—Not later than 3 years after Secretary shall consider whether— ment plan by— the date on which funds are made available to (i) the local coordinating entity represents the (i) carrying out programs and projects that develop the management plan, the local coordi- diverse interests of the Heritage Area, including recognize, protect, and enhance important re- nating entity shall submit to the Secretary for governments, natural and historic resource pro- source values within the Heritage Area; approval a proposed management plan for the tection organizations, educational institutions, (ii) establishing and maintaining interpretive Heritage Area. businesses, community residents, and rec- exhibits and programs within the Heritage Area; (2) REQUIREMENTS.—The management plan reational organizations; (iii) developing recreational and educational for the Heritage Area shall— (ii) the local coordinating entity has afforded opportunities in the Heritage Area; (A) describe comprehensive policies, goals, adequate opportunity for public and govern- (iv) increasing public awareness of, and ap- strategies, and recommendations for telling the mental involvement (including through work- preciation for, natural, historic, scenic, and cul- story of the heritage of the region and encour- shops and public meetings) in the preparation of tural resources of the Heritage Area; aging long-term resource protection, enhance- the management plan;

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(iii) the resource protection and interpretation (B) EVALUATION.—An evaluation conducted ulatory authority of any Federal, State, or local strategies described in the management plan, if under subparagraph (A)(i) shall— agency, or tribal government; implemented, would adequately protect the cul- (i) assess the progress of the local coordi- (4) conveys any land use or other regulatory tural, historical, archaeological, natural, and nating entity with respect to— authority to the local coordinating entity; recreational resources of the Heritage Area; (I) accomplishing the purposes of this section (5) authorizes or implies the reservation or ap- (iv) the management plan would not adversely for the Heritage Area; and propriation of water or water rights; affect any activities authorized on Federal or (II) achieving the goals and objectives of the (6) diminishes the authority of the State to tribal land under applicable laws or land use approved management plan for the Heritage manage fish and wildlife, including the regula- plans; Area; tion of fishing and hunting within the Heritage (v) the Secretary has received adequate assur- (ii) analyze the Federal, State, local, and pri- Area; ances from the appropriate State, tribal, and vate investments in the Heritage Area to deter- (7) creates any liability, or affects any liabil- local officials whose support is needed to ensure mine the leverage and impact of the invest- ity under any other law, of any private property the effective implementation of the State, tribal, ments; and owner with respect to any person injured on the and local aspects of the management plan; and (iii) review the management structure, part- private property; (vi) the local coordinating entity has dem- nership relationships, and funding of the Herit- (8) restricts an Indian tribe from protecting onstrated the financial capability, in partner- age Area for purposes of identifying the critical cultural or religious sites on tribal land; or ship with others, to carry out the management components for sustainability of the Heritage (9) diminishes the trust responsibilities of gov- plan. Area. ernment-to-government obligations of the (D) ACTION FOLLOWING DISAPPROVAL.— (C) REPORT.— United States of any federally recognized In- (i) IN GENERAL.—If the Secretary disapproves (i) IN GENERAL.—Based on the evaluation con- dian tribe. the management plan, the Secretary— ducted under subparagraph (A)(i), the Secretary (h) AUTHORIZATION OF APPROPRIATIONS.— (I) shall advise the local coordinating entity shall prepare a report that includes rec- (1) IN GENERAL.—There is authorized to be ap- in writing of the reasons for the disapproval; ommendations for the future role of the Na- propriated to carry out this section $10,000,000, and tional Park Service, if any, with respect to the of which not more than $1,000,000 may be made (II) may make recommendations to the local Heritage Area. available for any fiscal year. (2) COST-SHARING REQUIREMENT.— coordinating entity for revisions to the manage- (ii) REQUIRED ANALYSIS.—If the report pre- (A) IN GENERAL.—The Federal share of the ment plan. pared under this subparagraph recommends total cost of any activity under this section shall (ii) DEADLINE.—Not later than 180 days after that Federal funding for the Heritage Area be be not more than 50 percent. receiving a revised management plan, the Sec- reauthorized, the report shall include an anal- (B) FORM.—The non-Federal contribution— retary shall approve or disapprove the revised ysis of— (I) ways in which Federal funding for the (i) shall be from non-Federal sources; and management plan. (ii) may be in the form of in-kind contribu- (E) AMENDMENTS.— Heritage Area may be reduced or eliminated; and tions of goods or services fairly valued. (i) IN GENERAL.—An amendment to the man- (i) TERMINATION OF FINANCIAL ASSISTANCE.— agement plan that substantially alters the pur- (II) the appropriate time period necessary to achieve the recommended reduction or elimi- The authority of the Secretary to provide finan- poses of the Heritage Area shall be reviewed by cial assistance under this section terminates on the Secretary and approved or disapproved in nation. UBMISSION TO CONGRESS.—On completion the date that is 15 years after the date of enact- the same manner as the original management (iii) S of a report under this subparagraph, the Sec- ment of this Act. plan. retary shall submit the report to— SEC. 8009. MUSCLE SHOALS NATIONAL HERITAGE (ii) IMPLEMENTATION.—The local coordinating (I) the Committee on Energy and Natural Re- AREA, ALABAMA. entity shall not use Federal funds authorized to sources of the Senate; and (a) PURPOSES.—The purposes of this section be appropriated by this section to implement an (II) the Committee on Natural Resources of are— amendment to the management plan until the the House of Representatives. (1) to preserve, support, conserve, and inter- Secretary approves the amendment. (f) RELATIONSHIP TO OTHER FEDERAL AGEN- pret the legacy of the region represented by the (e) DUTIES AND AUTHORITIES OF THE SEC- CIES.— Heritage Area as described in the feasibility RETARY.— (1) IN GENERAL.—Nothing in this section af- study prepared by the National Park Service; (1) TECHNICAL AND FINANCIAL ASSISTANCE.— fects the authority of a Federal agency to pro- (2) to promote heritage, cultural, and rec- (A) IN GENERAL.—On the request of the local vide technical or financial assistance under any reational tourism, and to develop educational coordinating entity, the Secretary may provide other law. and cultural programs for visitors and the gen- technical and financial assistance, on a reim- (2) CONSULTATION AND COORDINATION.—To the eral public; bursable or nonreimbursable basis (as deter- maximum extent practicable, the head of any (3) to recognize and interpret important events mined by the Secretary), to the local coordi- Federal agency planning to conduct activities and geographic locations representing key de- nating entity to develop and implement the that may have an impact on the Heritage Area velopments in the growth of the United States, management plan. is encouraged to consult and coordinate the ac- including the Native American, Colonial Amer- (B) COOPERATIVE AGREEMENTS.—The Sec- tivities with the Secretary and the local coordi- ican, European American, and African Amer- retary may enter into cooperative agreements nating entity. ican heritage; with the local coordinating entity and other (3) OTHER FEDERAL AGENCIES.—Nothing in (4) to recognize and interpret the manner by public or private entities to provide technical or this section— which the distinctive geography of the region financial assistance under subparagraph (A). (A) modifies, alters, or amends any laws (in- has shaped the development of the settlement, (C) PRIORITY.—In assisting the Heritage Area, cluding regulations) authorizing a Federal defense, transportation, commerce, and culture the Secretary shall give priority to actions that agency to manage Federal land under the juris- of the region; assist in— diction of the Federal agency; (5) to provide a cooperative management (i) conserving the significant cultural, histor- (B) limits the discretion of a Federal land framework to foster a close working relationship ical, archaeological, natural, and recreational manager to implement an approved land use with all levels of government, the private sector, resources of the Heritage Area; and plan within the boundaries of the Heritage and the local communities in the region to iden- (ii) providing educational, interpretive, and Area; or tify, preserve, interpret, and develop the histor- recreational opportunities consistent with the (C) modifies, alters, or amends any authorized ical, cultural, scenic, and natural resources of purposes of the Heritage Area. use of Federal land under the jurisdiction of a the region for the educational and inspirational (D) PROHIBITION OF CERTAIN REQUIREMENTS.— Federal agency. benefit of current and future generations; and The Secretary may not, as a condition of the (g) PROPERTY OWNERS AND REGULATORY PRO- (6) to provide appropriate linkages between provision of technical or financial assistance TECTIONS.—Nothing in this section— units of the National Park System and commu- under this subsection, require any recipient of (1) abridges the rights of any owner of public nities, governments, and organizations within the assistance to impose or modify any land use or private property, including the right to re- the Heritage Area. restriction or zoning ordinance. frain from participating in any plan, project, (b) DEFINITIONS.—In this section: (2) EVALUATION; REPORT.— program, or activity conducted within the Herit- (1) HERITAGE AREA.—The term ‘‘Heritage (A) IN GENERAL.—Not later than 3 years before age Area; Area’’ means the Muscle Shoals National Herit- the date on which authority for Federal funding (2) requires any property owner to— age Area established by subsection (c)(1). terminates for the Heritage Area under sub- (A) permit public access (including Federal, (2) LOCAL COORDINATING ENTITY.—The term section (i), the Secretary shall— tribal, State, or local government access) to the ‘‘local coordinating entity’’ means the Muscle (i) conduct an evaluation of the accomplish- property; or Shoals Regional Center, the local coordinating ments of the Heritage Area; and (B) modify any provisions of Federal, tribal, entity for the Heritage Area designated by sub- (ii) prepare a report with recommendations for State, or local law with regard to public access section (c)(4). the future role of the National Park Service, if or use of private land; (3) MANAGEMENT PLAN.—The term ‘‘manage- any, with respect to the Heritage Area, in ac- (3) alters any duly adopted land use regula- ment plan’’ means the plan for the Heritage cordance with subparagraph (C). tions, approved land use plan, or any other reg- Area required under subsection (d)(1)(A).

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(4) MAP.—The term ‘‘map’’ means the map en- Heritage Area and are consistent with the ap- (A) REVIEW.—Not later than 180 days after titled ‘‘Muscle Shoals National Heritage Area’’, proved management plan. the date on which the Secretary receives the numbered T08/80,000, and dated October 2007. (3) PROHIBITION ON ACQUISITION OF REAL management plan, the Secretary shall approve (5) STATE.—The term ‘‘State’’ means the State PROPERTY.—The local coordinating entity may or disapprove the management plan. of Alabama. not use Federal funds received under this sec- (B) CONSULTATION REQUIRED.—The Secretary (c) ESTABLISHMENT.— tion to acquire any interest in real property. shall consult with the Governor of the State in (1) IN GENERAL.—There is established the (e) MANAGEMENT PLAN.— which the Heritage Area is located before ap- Muscle Shoals National Heritage Area in the (1) IN GENERAL.—Not later than 3 years after proving the management plan. State. the date on which funds are made available to (C) CRITERIA FOR APPROVAL.—In determining (2) BOUNDARIES.—The Heritage Area shall be develop the management plan, the local coordi- whether to approve the management plan, the comprised of the following areas, as depicted on nating entity shall submit to the Secretary for Secretary shall consider whether— the map: approval a proposed management plan for the (i) the local coordinating entity represents the (A) The Counties of Colbert, Franklin, Lau- Heritage Area. diverse interests of the Heritage Area, including derdale, Lawrence, Limestone, and Morgan, (2) REQUIREMENTS.—The management plan Federal, State, tribal, and local governments, Alabama. for the Heritage Area shall— natural and historic resource protection organi- (B) The Wilson Dam. (A) describe comprehensive policies, goals, zations, educational institutions, businesses, (C) The Handy Home. strategies, and recommendations for telling the community residents, recreational organiza- (D) The birthplace of Helen Keller. story of the heritage of the area covered by the tions, and private property owners; (3) AVAILABILITY MAP.—The map shall be on Heritage Area and encouraging long-term re- (ii) the local coordinating entity— file and available for public inspection in the source protection, enhancement, interpretation, (I) has afforded adequate opportunity for appropriate offices of the National Park Service funding, management, and development of the public and Federal, State, tribal, and local gov- and the local coordinating entity. Heritage Area; ernmental involvement (including through (4) LOCAL COORDINATING ENTITY.—The Muscle (B) include a description of actions and com- workshops and public meetings) in the prepara- Shoals Regional Center shall be the local coordi- mitments that Federal, State, tribal, and local tion of the management plan; and nating entity for the Heritage Area. governments, private organizations, and citizens (II) provides for at least semiannual public (d) DUTIES AND AUTHORITIES OF LOCAL CO- plan to take to protect, enhance, interpret, meetings to ensure adequate implementation of ORDINATING ENTITY.— fund, manage, and develop the natural, his- the management plan; (1) DUTIES OF THE LOCAL COORDINATING ENTI- toric, cultural, educational, scenic, and rec- (iii) the resource protection, enhancement, in- TY.—To further the purposes of the Heritage reational resources of the Heritage Area; terpretation, funding, management, and devel- Area, the local coordinating entity shall— (C) specify existing and potential sources of opment strategies described in the management (A) prepare, and submit to the Secretary, in funding or economic development strategies to plan, if implemented, would adequately protect, accordance with subsection (e), a management protect, enhance, interpret, fund, manage, and enhance, interpret, fund, manage, and develop plan for the Heritage Area; develop the Heritage Area; the natural, historic, cultural, scenic, and rec- (B) submit an annual report to the Secretary (D) include an inventory of the natural, his- reational resources of the Heritage Area; for each fiscal year for which the local coordi- toric, cultural, educational, scenic, and rec- (iv) the management plan would not adversely nating entity receives Federal funds under this reational resources of the Heritage Area relating affect any activities authorized on Federal land section specifying— to the stories and themes of the Heritage Area under applicable laws or land use plans; (v) the Secretary has received adequate assur- (i) the accomplishments of the local coordi- that should be protected, enhanced, interpreted, ances from the appropriate State, tribal, and nating entity; managed, funded, or developed; local officials whose support is needed to ensure (ii) the expenses and income of the local co- (E) recommend policies and strategies for re- the effective implementation of the State, tribal, ordinating entity; source management, including the development and local aspects of the management plan; (iii) the amounts and sources of matching of intergovernmental and interagency agree- (vi) the local coordinating entity has dem- funds; ments to protect, enhance, interpret, fund, man- onstrated the financial capability, in partner- (iv) the amounts leveraged with Federal funds age, and develop the natural, historic, cultural, ship with others, to carry out the management and sources of the leveraged funds; and educational, scenic, and recreational resources plan; and (v) grants made to any other entities during of the Heritage Area; (vii) the management plan demonstrates part- the fiscal year; (F) describe a program for implementation of nerships among the local coordinating entity, (C) make available for audit for each fiscal the management plan, including— Federal, State, tribal, and local governments, re- year for which the local coordinating entity re- (i) performance goals; gional planning organizations, nonprofit orga- ceives Federal funds under this section, all in- (ii) plans for resource protection, enhance- nizations, and private sector parties for imple- formation pertaining to the expenditure of the ment, interpretation, funding, management, and mentation of the management plan. funds and any matching funds; development; and (D) DISAPPROVAL.— (D) encourage, by appropriate means, eco- (iii) specific commitments for implementation (i) IN GENERAL.—If the Secretary disapproves nomic development that is consistent with the that have been made by the local coordinating the management plan, the Secretary— purposes of the Heritage Area; and entity or any Federal, State, tribal, or local gov- (I) shall advise the local coordinating entity (E) serve as a catalyst for the implementation ernment agency, organization, business, or indi- in writing of the reasons for the disapproval; of projects and programs among diverse partners vidual; and in the Heritage Area. (G) include an analysis of, and recommenda- (II) may make recommendations to the local (2) AUTHORITIES.—The local coordinating en- tions for, ways in which Federal, State, tribal, coordinating entity for revisions to the manage- tity may, subject to the prior approval of the and local programs may best be coordinated (in- ment plan. Secretary, for the purposes of preparing and im- cluding the role of the National Park Service (ii) DEADLINE.—Not later than 180 days after plementing the management plan, use Federal and other Federal agencies associated with the receiving a revised management plan, the Sec- funds made available under this section to— Heritage Area) to further the purposes of this retary shall approve or disapprove the revised (A) make grants to the State, political subdivi- section; and management plan. sions of the State, nonprofit organizations, and (H) include a business plan that— (E) AMENDMENTS.— other persons; (i) describes the role, operation, financing, (i) IN GENERAL.—An amendment to the man- (B) enter into cooperative agreements with, or and functions of the local coordinating entity agement plan that substantially alters the pur- provide technical assistance to, the State, polit- and of each of the major activities described in poses of the Heritage Area shall be reviewed by ical subdivisions of the State, nonprofit organi- the management plan; and the Secretary and approved or disapproved in zations, Federal agencies, and other interested (ii) provides adequate assurances that the the same manner as the original management parties; local coordinating entity has the partnerships plan. (C) hire and compensate staff, including indi- and financial and other resources necessary to (ii) IMPLEMENTATION.—The local coordinating viduals with expertise in— implement the management plan for the Herit- entity shall not use Federal funds authorized by (i) natural, historical, cultural, educational, age Area. this section to implement an amendment to the scenic, and recreational resource conservation; (3) TERMINATION OF FUNDING.—If the manage- management plan until the Secretary approves (ii) economic and community development; ment plan is not submitted to the Secretary by the amendment. and the date that is 3 years after the date on which (F) AUTHORITIES.—The Secretary may— (iii) heritage planning; funds are first made available to develop the (i) provide technical assistance under the au- (D) obtain funds or services from any source, management plan, the local coordinating entity thority of this section for the development and including funds and services provided under shall not qualify for additional financial assist- implementation of the management plan; and any other Federal law or program; ance under this section until the management (ii) enter into cooperative agreements with in- (E) contract for goods or services; and plan is submitted to, and approved by, the Sec- terested parties to carry out this section. (F) support activities of partners and any retary. (f) DUTIES AND AUTHORITIES OF THE SEC- other activities that further the purposes of the (4) APPROVAL OF MANAGEMENT PLAN.— RETARY.—

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(1) TECHNICAL AND FINANCIAL ASSISTANCE.— agency to manage Federal land under the juris- (5) SECRETARY.—The term ‘‘Secretary’’ means (A) IN GENERAL.—On the request of the local diction of the Federal agency; the Secretary of the Interior. coordinating entity, the Secretary may provide (B) limits the discretion of a Federal land (b) DESIGNATION OF THE KENAI MOUNTAINS- technical and financial assistance, on a reim- manager to implement an approved land use TURNAGAIN ARM NATIONAL HERITAGE AREA.— bursable or nonreimbursable basis (as deter- plan within the boundaries of the Heritage (1) ESTABLISHMENT.—There is established the mined by the Secretary), to the local coordi- Area; or Kenai Mountains-Turnagain Arm National Her- nating entity to develop and implement the (C) modifies, alters, or amends any authorized itage Area. management plan. use of Federal land under the jurisdiction of a (2) BOUNDARIES.—The Heritage Area shall be (B) COOPERATIVE AGREEMENTS.—The Sec- Federal agency. comprised of the land in the Kenai Mountains retary may enter into cooperative agreements (h) PROPERTY OWNERS AND REGULATORY PRO- and upper Turnagain Arm region, as generally with the local coordinating entity and other TECTIONS.—Nothing in this section— depicted on the map. public or private entities to provide technical or (1) abridges the rights of any owner of public (3) AVAILABILITY OF MAP.—The map shall be financial assistance under subparagraph (A). or private property, including the right to re- on file and available for public inspection in— (2) EVALUATION; REPORT.— frain from participating in any plan, project, (A) the appropriate offices of the Forest Serv- (A) IN GENERAL.—Not later than 3 years before program, or activity conducted within the Herit- ice, Chugach National Forest; the date on which authority for Federal funding age Area; (B) the Alaska Regional Office of the National (2) requires any property owner to— terminates for the Heritage Area under sub- Park Service; and (A) permit public access (including Federal, section (j), the Secretary shall— (C) the office of the Alaska State Historic tribal, State, or local government access) to the (i) conduct an evaluation of the accomplish- Preservation Officer. property; or ments of the Heritage Area; and (c) MANAGEMENT PLAN.— (ii) prepare a report with recommendations for (B) modify any provisions of Federal, tribal, State, or local law with regard to public access (1) LOCAL COORDINATING ENTITY.—The local the future role of the National Park Service, if coordinating entity, in partnership with other any, with respect to the Heritage Area, in ac- or use of private land; (3) alters any duly adopted land use regula- interested parties, shall develop a management cordance with subparagraph (C). plan for the Heritage Area in accordance with (B) EVALUATION.—An evaluation conducted tions, approved land use plan, or any other reg- ulatory authority of any Federal, State, or local this section. under subparagraph (A)(i) shall— (2) REQUIREMENTS.—The management plan (i) assess the progress of the local coordi- agency, or tribal government; (4) conveys any land use or other regulatory for the Heritage Area shall— nating entity with respect to— (A) describe comprehensive policies, goals, (I) accomplishing the purposes of this section authority to the local coordinating entity; (5) authorizes or implies the reservation or ap- strategies, and recommendations for use in— for the Heritage Area; and (i) telling the story of the heritage of the area (II) achieving the goals and objectives of the propriation of water or water rights; (6) diminishes the authority of the State to covered by the Heritage Area; and approved management plan for the Heritage manage fish and wildlife, including the regula- (ii) encouraging long-term resource protection, Area; tion of fishing and hunting within the Heritage enhancement, interpretation, funding, manage- (ii) analyze the Federal, State, tribal, local, Area; or ment, and development of the Heritage Area; and private investments in the Heritage Area to (7) creates any liability, or affects any liabil- (B) include a description of actions and com- determine the leverage and impact of the invest- ity under any other law, of any private property mitments that the Federal Government, State, ments; and owner with respect to any person injured on the tribal, and local governments, private organiza- (iii) review the management structure, part- private property. tions, and citizens will take to protect, enhance, nership relationships, and funding of the Herit- (i) AUTHORIZATION OF APPROPRIATIONS.— interpret, fund, manage, and develop the nat- age Area for purposes of identifying the critical (1) IN GENERAL.—There is authorized to be ap- ural, historical, cultural, educational, scenic, components for sustainability of the Heritage propriated to carry out this section $10,000,000, and recreational resources of the Heritage Area; Area. of which not more than $1,000,000 may be made (C) specify existing and potential sources of (C) REPORT.— available for any fiscal year. funding or economic development strategies to (i) IN GENERAL.—Based on the evaluation con- (2) AVAILABILITY.—Funds made available ducted under subparagraph (A)(i), the Secretary protect, enhance, interpret, fund, manage, and under paragraph (1) shall remain available develop the Heritage Area; shall prepare a report that includes rec- until expended. ommendations for the future role of the Na- (D) include an inventory of the natural, his- (3) COST-SHARING REQUIREMENT.— torical, cultural, educational, scenic, and rec- tional Park Service, if any, with respect to the (A) IN GENERAL.—The Federal share of the reational resources of the Heritage Area relating Heritage Area. total cost of any activity under this section shall to the national importance and themes of the (ii) REQUIRED ANALYSIS.—If the report pre- be not more than 50 percent. Heritage Area that should be protected, en- pared under this subparagraph recommends (B) FORM.—The non-Federal contribution hanced, interpreted, managed, funded, and de- that Federal funding for the Heritage Area be may be in the form of in-kind contributions of veloped; reauthorized, the report shall include an anal- goods or services fairly valued. (E) recommend policies and strategies for re- ysis of— (4) USE OF FEDERAL FUNDS FROM OTHER source management, including the development (I) ways in which Federal funding for the SOURCES.—Nothing in this section precludes the Heritage Area may be reduced or eliminated; local coordinating entity from using Federal of intergovernmental and interagency agree- and funds available under provisions of law other ments to protect, enhance, interpret, fund, man- (II) the appropriate time period necessary to than this section for the purposes for which age, and develop the natural, historical, cul- achieve the recommended reduction or elimi- those funds were authorized. tural, educational, scenic, and recreational re- nation. (j) TERMINATION OF EFFECTIVENESS.—The au- sources of the Heritage Area; (iii) SUBMISSION TO CONGRESS.—On completion thority of the Secretary to provide financial as- (F) describe a program for implementation for of a report under this subparagraph, the Sec- sistance under this section terminates on the the management plan, including— retary shall submit the report to— date that is 15 years after the date of enactment (i) performance goals; (I) the Committee on Energy and Natural Re- of this Act. (ii) plans for resource protection, enhance- ment, interpretation, funding, management, and sources of the Senate; and SEC. 8010. KENAI MOUNTAINS-TURNAGAIN ARM (II) the Committee on Natural Resources of NATIONAL HERITAGE AREA, ALASKA. development; and the House of Representatives. (a) DEFINITIONS.—In this section: (iii) specific commitments for implementation (g) RELATIONSHIP TO OTHER FEDERAL AGEN- (1) HERITAGE AREA.—The term ‘‘Heritage that have been made by the local coordinating CIES.— Area’’ means the Kenai Mountains-Turnagain entity or any Federal, State, tribal, or local gov- (1) IN GENERAL.—Nothing in this section af- Arm National Heritage Area established by sub- ernment agency, organization, business, or indi- fects the authority of a Federal agency to pro- section (b)(1). vidual; vide technical or financial assistance under any (2) LOCAL COORDINATING ENTITY.—The term (G) include an analysis of, and recommenda- other law. ‘‘local coordinating entity’’ means the Kenai tions for, means by which Federal, State, tribal, (2) CONSULTATION AND COORDINATION.—To the Mountains-Turnagain Arm Corridor Commu- and local programs may best be coordinated (in- maximum extent practicable, the head of any nities Association. cluding the role of the National Park Service, Federal agency planning to conduct activities (3) MANAGEMENT PLAN.—The term ‘‘manage- the Forest Service, and other Federal agencies that may have an impact on the Heritage Area ment plan’’ means the plan prepared by the associated with the Heritage Area) to further is encouraged to consult and coordinate the ac- local coordinating entity for the Heritage Area the purposes of this section; and tivities with the Secretary and the local coordi- that specifies actions, policies, strategies, per- (H) include a business plan that— nating entity to the maximum extent prac- formance goals, and recommendations to meet (i) describes the role, operation, financing, ticable. the goals of the Heritage Area, in accordance and functions of the local coordinating entity (3) OTHER FEDERAL AGENCIES.—Nothing in with this section. and each of the major activities contained in the this section— (4) MAP.—The term ‘‘map’’ means the map en- management plan; and (A) modifies, alters, or amends any laws (in- titled ‘‘Proposed Kenai Mountains-Turnagain (ii) provides adequate assurances that the cluding regulations) authorizing a Federal Arm NHA’’ and dated August 7, 2007. local coordinating entity has the partnerships

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and financial and other resources necessary to (ii) DEADLINE.—Not later than 180 days after (D) encourage economic viability and sustain- implement the management plan for the Herit- receiving a revised management plan, the Sec- ability that is consistent with the purposes of age Area. retary shall approve or disapprove the revised the Heritage Area. (3) DEADLINE.— management plan. (2) AUTHORITIES.—For the purpose of pre- (A) IN GENERAL.—Not later than 3 years after (E) AMENDMENTS.— paring and implementing the approved manage- the date on which funds are first made available (i) IN GENERAL.—An amendment to the man- ment plan for the Heritage Area under sub- to develop the management plan after the date agement plan that substantially alters the pur- section (c), the local coordinating entity may of enactment of this Act, the local coordinating poses of the Heritage Area shall be reviewed by use Federal funds made available under this entity shall submit the management plan to the the Secretary and approved or disapproved in section— Secretary for approval. the same manner as the original management (A) to make grants to political jurisdictions, (B) TERMINATION OF FUNDING.—If the man- plan. nonprofit organizations, and other parties with- agement plan is not submitted to the Secretary (ii) IMPLEMENTATION.—The local coordinating in the Heritage Area; in accordance with subparagraph (A), the local entity shall not use Federal funds authorized by (B) to enter into cooperative agreements with coordinating entity shall not qualify for any ad- this section to implement an amendment to the or provide technical assistance to political juris- ditional financial assistance under this section management plan until the Secretary approves dictions, nonprofit organizations, Federal agen- until such time as the management plan is sub- the amendment. cies, and other interested parties; mitted to and approved by the Secretary. (F) AUTHORITIES.—The Secretary may— (C) to hire and compensate staff, including in- (4) APPROVAL OF MANAGEMENT PLAN.— (i) provide technical assistance under the au- dividuals with expertise in— (A) REVIEW.—Not later than 180 days after re- thority of this section for the development and (i) natural, historical, cultural, educational, ceiving the management plan under paragraph implementation of the management plan; and scenic, and recreational resource conservation; (3), the Secretary shall review and approve or (ii) enter into cooperative agreements with in- (ii) economic and community development; disapprove the management plan for a Heritage terested parties to carry out this section. and Area on the basis of the criteria established (d) EVALUATION; REPORT.— (iii) heritage planning; under subparagraph (C). (1) IN GENERAL.—Not later than 3 years before (D) to obtain funds or services from any (B) CONSULTATION.—The Secretary shall con- the date on which authority for Federal funding source, including other Federal programs; sult with the Governor of the State in which the terminates for the Heritage Area under this sec- (E) to enter into contracts for goods or serv- Heritage Area is located before approving a tion, the Secretary shall— ices; and management plan for the Heritage Area. (A) conduct an evaluation of the accomplish- (F) to support activities of partners and any (C) CRITERIA FOR APPROVAL.—In determining ments of the Heritage Area; and other activities that further the purposes of the whether to approve a management plan for the (B) prepare a report in accordance with para- Heritage Area and are consistent with the ap- Heritage Area, the Secretary shall consider graph (3). proved management plan. (2) EVALUATION.—An evaluation conducted whether— (3) PROHIBITION ON ACQUISITION OF REAL under paragraph (1)(A) shall— (i) the local coordinating entity represents the PROPERTY.—The local coordinating entity may (A) assess the progress of the local coordi- diverse interests of the Heritage Area, including not use Federal funds authorized under this sec- nating entity with respect to— the Federal Government, State, tribal, and local tion to acquire any interest in real property. (i) accomplishing the purposes of the author- governments, natural and historical resource (f) RELATIONSHIP TO OTHER FEDERAL AGEN- izing legislation for the Heritage Area; and protection organizations, educational institu- CIES.— (ii) achieving the goals and objectives of the tions, businesses, recreational organizations, (1) IN GENERAL.—Nothing in this section af- approved management plan for the Heritage community residents, and private property own- fects the authority of a Federal agency to pro- Area; vide technical or financial assistance under any ers; (B) analyze the Federal, State, tribal, local, other provision of law. (ii) the local coordinating entity— and private investments in the Heritage Area to (2) CONSULTATION AND COORDINATION.—The (I) has afforded adequate opportunity for determine the impact of the investments; and public and Federal, State, tribal, and local gov- (C) review the management structure, partner- head of any Federal agency planning to con- ernmental involvement (including through ship relationships, and funding of the Heritage duct activities that may have an impact on a workshops and hearings) in the preparation of Area for purposes of identifying the critical Heritage Area is encouraged to consult and co- the management plan; and components for sustainability of the Heritage ordinate the activities with the Secretary and (II) provides for at least semiannual public Area. the local coordinating entity, to the maximum meetings to ensure adequate implementation of (3) REPORT.—Based on the evaluation con- extent practicable. the management plan; ducted under paragraph (1)(A), the Secretary (3) OTHER FEDERAL AGENCIES.—Nothing in (iii) the resource protection, enhancement, in- shall submit to the Committee on Energy and this section— terpretation, funding, management, and devel- Natural Resources of the Senate and the Com- (A) modifies, alters, or amends any law (in- opment strategies described in the management mittee on Natural Resources of the House of cluding a regulation) authorizing a Federal plan, if implemented, would adequately protect, Representatives a report that includes rec- agency to manage Federal land under the juris- enhance, interpret, fund, manage, and develop ommendations for the future role of the Na- diction of the Federal agency; the natural, historical, cultural, educational, tional Park Service, if any, with respect to the (B) limits the discretion of a Federal land scenic, and recreational resources of the Herit- Heritage Area. manager to implement an approved land use age Area; (e) LOCAL COORDINATING ENTITY.— plan within the boundaries of a Heritage Area; (iv) the management plan would not adversely (1) DUTIES.—To further the purposes of the or affect any activities authorized on Federal land Heritage Area, in addition to developing the (C) modifies, alters, or amends any authorized under public land laws or land use plans; management plan for the Heritage Area under use of Federal land under the jurisdiction of a (v) the local coordinating entity has dem- subsection (c), the local coordinating entity Federal agency. onstrated the financial capability, in partner- shall— (g) PRIVATE PROPERTY AND REGULATORY PRO- ship with other interested parties, to carry out (A) serve to facilitate and expedite the imple- TECTIONS.—Nothing in this section— the plan; mentation of projects and programs among di- (1) abridges the rights of any property owner (vi) the Secretary has received adequate as- verse partners in the Heritage Area; (whether public or private), including the right surances from the appropriate State, tribal, and (B) submit an annual report to the Secretary to refrain from participating in any plan, local officials whose support is needed to ensure for each fiscal year for which the local coordi- project, program, or activity conducted within the effective implementation of the State, tribal, nating entity receives Federal funds under this the Heritage Area; and local elements of the management plan; and section, specifying— (2) requires any property owner to permit pub- (vii) the management plan demonstrates part- (i) the specific performance goals and accom- lic access (including access by Federal, State, nerships among the local coordinating entity, plishments of the local coordinating entity; tribal, or local agencies) to the property of the Federal Government, State, tribal, and local (ii) the expenses and income of the local co- property owner, or to modify public access or governments, regional planning organizations, ordinating entity; use of property of the property owner under any nonprofit organizations, or private sector par- (iii) the amounts and sources of matching other Federal, State, tribal, or local law; ties for implementation of the management plan. funds; (3) alters any duly adopted land use regula- (D) DISAPPROVAL.— (iv) the amounts leveraged with Federal funds tion, approved land use plan, or other regu- (i) IN GENERAL.—If the Secretary disapproves and sources of the leveraging; and latory authority (such as the authority to make the management plan, the Secretary— (v) grants made to any other entities during safety improvements or increase the capacity of (I) shall advise the local coordinating entity the fiscal year; existing roads or to construct new roads) of any in writing of the reasons for the disapproval; (C) make available for audit for each fiscal Federal, State, tribal, or local agency, or con- and year for which the local coordinating entity re- veys any land use or other regulatory authority (II) may make recommendations to the local ceives Federal funds under this section, all in- to any local coordinating entity, including de- coordinating entity for revisions to the manage- formation pertaining to the expenditure of the velopment and management of energy or water ment plan. funds and any matching funds; and or water-related infrastructure;

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(ii) have developed a conceptual financial (I) has a proposed local coordinating entity (2) LIMITATION ON TOTAL AMOUNTS APPRO- plan that outlines the roles of all participants in that is responsible for preparing and imple- PRIATED.—Not more than a total of $10,000,000 the Corridor, including the Federal Government; menting the management plan developed for the may be made available to carry out this section. and proposed Heritage Area; (3) COST-SHARING.— (iii) have demonstrated support for the des- (J) with respect to the designation of the (A) IN GENERAL.—The Federal share of the ignation of the Corridor; study area, has the support of the proposed total cost of any activity carried out under this (F) has a potential management entity to local coordinating entity and appropriate Fed- section shall not exceed 50 percent. work in partnership with the individuals and eral agencies and State and local governments, (B) FORM OF NON-FEDERAL SHARE.—The non- entities described in subparagraph (E) to de- each of which has documented the commitment Federal share of the cost of any activity carried velop the Corridor while encouraging State and of the entity to work in partnership with each out under this section may be provided in the local economic activity; and other entity to protect, enhance, interpret, fund, (G) has a conceptual boundary map that is form of in-kind contributions of goods or serv- manage, and develop the resources located in supported by the public. ices fairly valued. the study area; (i) TERMINATION OF AUTHORITY.—The author- (c) REPORT.—Not later than the 3rd fiscal ity of the Secretary to provide financial assist- year after the date on which funds are first (K) through the proposed local coordinating ance under this section terminates on the date made available to carry out this section, the entity, has developed a conceptual financial that is 15 years after the date of enactment of Secretary shall submit to the Committee on Nat- plan that outlines the roles of all participants this Act. ural Resources of the House of Representatives (including the Federal Government) in the man- agement of the proposed Heritage Area; Subtitle B—Studies and the Committee on Energy and Natural Re- sources of the Senate a report that describes— (L) has a proposal that is consistent with con- SEC. 8101. CHATTAHOOCHEE TRACE, ALABAMA (1) the findings of the study; and tinued economic activity within the area; and AND GEORGIA. (2) any conclusions and recommendations of (M) has a conceptual boundary map that is (a) DEFINITIONS.—In this section: the Secretary. (1) CORRIDOR.—The term ‘‘Corridor’’ means supported by the public and appropriate Federal the Chattahoochee Trace National Heritage Cor- SEC. 8102. NORTHERN NECK, VIRGINIA. agencies. ridor. (a) DEFINITIONS.—In this section: (3) ADDITIONAL CONSULTATION REQUIRE- (2) SECRETARY.—The term ‘‘Secretary’’ means (1) PROPOSED HERITAGE AREA.—The term MENT.—In conducting the study under para- the Secretary of the Interior. ‘‘proposed Heritage Area’’ means the proposed graph (1), the Secretary shall— (3) STUDY AREA.—The term ‘‘study area’’ Northern Neck National Heritage Area. (A) consult with the managers of any Federal means the study area described in subsection (2) STATE.—The term ‘‘State’’ means the State land located within the study area; and of Virginia. (b)(2). (B) before making any determination with re- (3) STUDY AREA.—The term ‘‘study area’’ (b) STUDY.— spect to the designation of the study area, se- (1) IN GENERAL.—The Secretary, in consulta- means the area that is comprised of— (A) the area of land located between the Poto- cure the concurrence of each manager with re- tion with State historic preservation officers, spect to each finding of the study. State historical societies, State tourism offices, mac and Rappahannock rivers of the eastern and other appropriate organizations or agen- coastal region of the State; (c) DETERMINATION.— cies, shall conduct a study to assess the suit- (B) Westmoreland, Northumberland, Rich- (1) IN GENERAL.—The Secretary, in consulta- ability and feasibility of designating the study mond, King George, and Lancaster Counties of tion with the Governor of the State, shall re- area as the Chattahoochee Trace National Her- the State; and view, comment on, and determine if the study itage Corridor. (C) any other area that— area meets each requirement described in sub- (2) STUDY AREA.—The study area includes— (i) has heritage aspects that are similar to the section (b)(2) for designation as a national her- (A) the portion of the Apalachicola-Chat- heritage aspects of the areas described in sub- itage area. tahoochee-Flint River Basin and surrounding paragraph (A) or (B); and (2) REPORT.— (ii) is located adjacent to, or in the vicinity of, areas, as generally depicted on the map entitled (A) IN GENERAL.—Not later than 3 fiscal years those areas. ‘‘Chattahoochee Trace National Heritage Cor- after the date on which funds are first made (b) STUDY.— ridor, Alabama/Georgia’’, numbered T05/80000, available to carry out the study, the Secretary (1) IN GENERAL.—In accordance with para- and dated July 2007; and shall submit a report describing the findings, (B) any other areas in the State of Alabama graphs (2) and (3), the Secretary, in consulta- tion with appropriate State historic preservation conclusions, and recommendations of the study or Georgia that— to— (i) have heritage aspects that are similar to officers, State historical societies, and other ap- (i) the Committee on Energy and Natural Re- the areas depicted on the map described in sub- propriate organizations, shall conduct a study sources of the Senate; and paragraph (A); and to determine the suitability and feasibility of (ii) are adjacent to, or in the vicinity of, those designating the study area as the Northern Neck (ii) the Committee on Natural Resources of the areas. National Heritage Area. House of Representatives. (3) REQUIREMENTS.—The study shall include (2) REQUIREMENTS.—The study shall include (B) REQUIREMENTS.— analysis, documentation, and determinations on analysis, documentation, and determinations on (i) IN GENERAL.—The report shall contain— whether the study area— whether the study area— (I) any comments that the Secretary has re- (A) has an assemblage of natural, historical, (A) has an assemblage of natural, historic, ceived from the Governor of the State relating to cultural, educational, scenic, or recreational re- and cultural resources that— the designation of the study area as a national sources that together are nationally important (i) represent distinctive aspects of the heritage heritage area; and of the United States; to the heritage of the United States; (ii) are worthy of recognition, conservation, (B) represents distinctive aspects of the herit- (II) a finding as to whether the study area interpretation, and continuing use; and age of the United States worthy of recognition, meets each requirement described in subsection (iii) would be best managed— conservation, interpretation, and continuing (b)(2) for designation as a national heritage (I) through partnerships among public and use; area. private entities; and (C) is best managed as such an assemblage (ii) DISAPPROVAL.—If the Secretary determines (II) by linking diverse and sometimes non- through partnerships among public and private that the study area does not meet any require- contiguous resources and active communities; entities at the local or regional level; ment described in subsection (b)(2) for designa- (B) reflects traditions, customs, beliefs, and (D) reflects traditions, customs, beliefs, and tion as a national heritage area, the Secretary folklife that are a valuable part of the story of folklife that are a valuable part of the heritage shall include in the report a description of each the United States; of the United States; reason for the determination.

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Subtitle C—Amendments Relating to National ‘‘(c) IMPLEMENTATION OF MANAGEMENT (1) in section 804— Heritage Corridors PLAN.—The Corporation shall assume the duties (A) in subsection (b)— SEC. 8201. QUINEBAUG AND SHETUCKET RIVERS of the Commission for the implementation of the (i) in the matter preceding paragraph (1), by VALLEY NATIONAL HERITAGE COR- Plan. striking ‘‘27’’ and inserting ‘‘at least 21 mem- RIDOR. ‘‘(d) USE OF FUNDS.—The Corporation may bers, but not more than 27’’; (a) TERMINATION OF AUTHORITY.—Section use Federal funds made available under this (ii) in paragraph (2), by striking ‘‘Environ- 106(b) of the Quinebaug and Shetucket Rivers Act— ment’’ and inserting ‘‘Environmental’’; and Valley National Heritage Corridor Act of 1994 ‘‘(1) to make grants to, and enter into cooper- (iii) in paragraph (3)— (16 U.S.C. 461 note; Public Law 103–449) is ative agreements with, the Federal Government, (I) in the matter preceding subparagraph (A), amended by striking ‘‘September 30, 2009’’ and the Commonwealth, political subdivisions of the by striking ‘‘19’’; Commonwealth, nonprofit organizations, and inserting ‘‘September 30, 2015’’. (II) by striking subparagraph (A); individuals; (b) EVALUATION; REPORT.—Section 106 of the (III) by redesignating subparagraphs (B) and Quinebaug and Shetucket Rivers Valley Na- ‘‘(2) to hire, train, and compensate staff; and ‘‘(3) to enter into contracts for goods and serv- (C) as subparagraphs (A) and (B), respectively; tional Heritage Corridor Act of 1994 (16 U.S.C. (IV) in subparagraph (B) (as redesignated by 461 note; Public Law 103–449) is amended by ices. ‘‘(e) RESTRICTION ON USE OF FUNDS.—The subclause (III)), by striking the second sentence; adding at the end the following: Corporation may not use Federal funds made and ‘‘(c) EVALUATION; REPORT.— available under this Act to acquire land or an (V) by inserting after subparagraph (B) (as ‘‘(1) IN GENERAL.—Not later than 3 years be- redesignated by subclause (III)) the following: fore the date on which authority for Federal interest in land.’’; (2) in section 10— ‘‘(C) The remaining members shall be— funding terminates for the Corridor, the Sec- (A) in the first sentence of subsection (c), by ‘‘(i) appointed by the Secretary, based on rec- retary shall— striking ‘‘shall assist the Commission’’ and in- ommendations from each member of the House ‘‘(A) conduct an evaluation of the accomplish- serting ‘‘shall, on the request of the Corpora- of Representatives, the district of which encom- ments of the Corridor; and tion, assist’’; passes the Corridor; and ‘‘(B) prepare a report in accordance with (B) in subsection (d)— paragraph (3). ‘‘(ii) persons that are residents of, or employed (i) by striking ‘‘Commission’’ each place it ap- within, the applicable congressional districts.’’; ‘‘(2) EVALUATION.—An evaluation conducted pears and inserting ‘‘Corporation’’; (B) in subsection (f), by striking ‘‘Fourteen under paragraph (1)(A) shall— (ii) by striking ‘‘The Secretary’’ and inserting ‘‘(A) assess the progress of the management members of the Commission’’ and inserting ‘‘A the following: majority of the serving Commissioners’’; entity with respect to— ‘‘(1) IN GENERAL.—The Secretary’’; and ‘‘(i) accomplishing the purposes of this title (iii) by adding at the end the following: (C) in subsection (g), by striking ‘‘14 of its for the Corridor; and ‘‘(2) COOPERATIVE AGREEMENTS.—The Sec- members’’ and inserting ‘‘a majority of the serv- ‘‘(ii) achieving the goals and objectives of the retary may enter into cooperative agreements ing Commissioners’’; management plan for the Corridor; with the Corporation and other public or private (D) in subsection (h), by striking paragraph ‘‘(B) analyze the Federal, State, local, and entities for the purpose of providing technical (4) and inserting the following: private investments in the Corridor to determine assistance and grants under paragraph (1). ‘‘(4)(A) to appoint any staff that may be nec- the leverage and impact of the investments; and ‘‘(3) PRIORITY.—In providing assistance to the essary to carry out the duties of the Commis- ‘‘(C) review the management structure, part- Corporation under paragraph (1), the Secretary sion, subject to the provisions of title 5, United nership relationships, and funding of the Cor- shall give priority to activities that assist in— States Code, relating to appointments in the ridor for purposes of identifying the critical ‘‘(A) conserving the significant natural, his- competitive service; and components for sustainability of the Corridor. toric, cultural, and scenic resources of the Cor- ‘‘(B) to fix the compensation of the staff, in ‘‘(3) REPORT.— ridor; and accordance with the provisions of chapter 51 ‘‘(A) IN GENERAL.—Based on the evaluation ‘‘(B) providing educational, interpretive, and and subchapter III of chapter 53 of title 5, conducted under paragraph (1)(A), the Sec- recreational opportunities consistent with the United States Code, relating to the classification retary shall prepare a report that includes rec- purposes of the Corridor.’’; and of positions and General Schedule pay rates;’’; ommendations for the future role of the Na- (C) by adding at the end the following: and tional Park Service, if any, with respect to the ‘‘(e) TRANSITION MEMORANDUM OF UNDER- (E) in subsection (j), by striking ‘‘10 years’’ Corridor. STANDING.—The Secretary shall enter into a and inserting ‘‘15 years’’; ‘‘(B) REQUIRED ANALYSIS.—If the report pre- memorandum of understanding with the Cor- (2) in section 807— pared under subparagraph (A) recommends that poration to ensure— (A) in subsection (e), by striking ‘‘with regard Federal funding for the Corridor be reauthor- ‘‘(1) appropriate transition of management of to the preparation and approval of the ized, the report shall include an analysis of— the Corridor from the Commission to the Cor- Canalway Plan’’; and ‘‘(i) ways in which Federal funding for the poration; and (B) by adding at the end the following: ‘‘(2) coordination regarding the implementa- Corridor may be reduced or eliminated; and ‘‘(f) OPERATIONAL ASSISTANCE.—Subject to the tion of the Plan.’’; ‘‘(ii) the appropriate time period necessary to availability of appropriations, the Super- (3) in section 11, in the matter preceding para- achieve the recommended reduction or elimi- intendent of Saratoga National Historical Park nation. graph (1), by striking ‘‘directly affecting’’; (4) in section 12— may, on request, provide to public and private ‘‘(C) SUBMISSION TO CONGRESS.—On comple- (A) in subsection (a), by striking ‘‘Commis- organizations in the Corridor (including the tion of the report, the Secretary shall submit the sion’’ each place it appears and inserting ‘‘Cor- Commission) any operational assistance that is report to— poration’’; appropriate to assist with the implementation of ‘‘(i) the Committee on Energy and Natural Re- (B) in subsection (c)(1), by striking ‘‘2007’’ the Canalway Plan.’’; and sources of the Senate; and and inserting ‘‘2012’’; and (3) in section 810(a)(1), in the first sentence, ‘‘(ii) the Committee on Natural Resources of (C) by adding at the end the following: by striking ‘‘any fiscal year’’ and inserting the House of Representatives.’’. ‘‘(d) TERMINATION OF ASSISTANCE.—The au- ‘‘any fiscal year, to remain available until ex- (c) AUTHORIZATION OF APPROPRIATIONS.—Sec- thority of the Secretary to provide financial as- pended’’. tion 109(a) of the Quinebaug and Shetucket Riv- sistance under this Act terminates on the date SEC. 8204. JOHN H. CHAFEE BLACKSTONE RIVER ers Valley National Heritage Corridor Act of that is 5 years after the date of enactment of VALLEY NATIONAL HERITAGE COR- 1994 (16 U.S.C. 461 note; Public Law 103–449) is this subsection.’’; and RIDOR. amended by striking ‘‘$10,000,000’’ and inserting (5) in section 14— Section 3(b)(2) of Public Law 99–647 (16 U.S.C. ‘‘$15,000,000’’. (A) by redesignating paragraphs (4), (5), and 461 note; 100 Stat. 3626, 120 Stat. 1857) is amend- SEC. 8202. DELAWARE AND LEHIGH NATIONAL (6) as paragraphs (5), (6), and (7), respectively; ed— HERITAGE CORRIDOR. and (1) by striking ‘‘shall be the the’’ and insert- The Delaware and Lehigh National Heritage (B) by inserting after paragraph (3) the fol- ing ‘‘shall be the’’; and Corridor Act of 1988 (16 U.S.C. 461 note; Public lowing: (2) by striking ‘‘Directors from Massachusetts Law 100–692) is amended— ‘‘(4) the term ‘Corporation’ means the Dela- and Rhode Island;’’ and inserting ‘‘Directors (1) in section 9— ware & Lehigh National Heritage Corridor, In- from Massachusetts and Rhode Island, ex offi- (A) by striking ‘‘The Commission’’ and insert- corporated, an organization described in section cio, or their delegates;’’. ing the following: 501(c)(3), and exempt from Federal tax under ‘‘(a) IN GENERAL.—The Commission’’; and section 501(a), of the Internal Revenue Code of Subtitle D—Effect of Title (B) by adding at the end the following: 1986;’’. SEC. 8301. EFFECT ON ACCESS FOR REC- ‘‘(b) CORPORATION AS LOCAL COORDINATING SEC. 8203. ERIE CANALWAY NATIONAL HERITAGE REATIONAL ACTIVITIES. ENTITY.—Beginning on the date of enactment of CORRIDOR. Nothing in this title shall be construed as af- the Omnibus Public Land Management Act of The Erie Canalway National Heritage Cor- fecting access for recreational activities other- 2009, the Corporation shall be the local coordi- ridor Act (16 U.S.C. 461 note; Public Law 106– wise allowed by law or regulation, including nating entity for the Corridor. 554) is amended— hunting, fishing, or trapping.

VerDate Mar 15 2010 12:18 Aug 01, 2011 Jkt 079102 PO 00000 Frm 00098 Fmt 0688 Sfmt 6333 E:\BR09\H25MR9.004 H25MR9 erowe on DSK5CLS3C1PROD with BOUND RECORD March 25, 2009 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 7 8681 TITLE IX—BUREAU OF RECLAMATION the Secretary determines would contribute sub- terminate 10 years after the date of the enact- AUTHORIZATIONS stantially toward the conduct and completion of ment of this Act. Subtitle A—Feasibility Studies the study under paragraph (1). Subtitle B—Project Authorizations (3) STATEMENT OF CONGRESSIONAL INTENT RE- SEC. 9001. SNAKE, BOISE, AND PAYETTE RIVER SEC. 9101. TUMALO IRRIGATION DISTRICT WATER LATING TO COMPLETION OF STUDY.—It is the in- SYSTEMS, IDAHO. CONSERVATION PROJECT, OREGON. tent of Congress that the Secretary complete the (a) IN GENERAL.—The Secretary of the Inte- (a) DEFINITIONS.—In this section: study under paragraph (1) by a date that is not rior, acting through the Bureau of Reclamation, (1) DISTRICT.—The term ‘‘District’’ means the later than 30 months after the date of enactment may conduct feasibility studies on projects that Tumalo Irrigation District, Oregon. of this Act. address water shortages within the Snake, (2) PROJECT.—The term ‘‘Project’’ means the (4) AUTHORIZATION OF APPROPRIATIONS.— Tumalo Irrigation District Water Conservation Boise, and Payette River systems in the State of There is authorized to be appropriated to the Idaho, and are considered appropriate for fur- Project authorized under subsection (b)(1). Secretary to carry out this subsection $1,260,000. (3) SECRETARY.—The term ‘‘Secretary’’ means ther study by the Bureau of Reclamation Boise (c) WATER RIGHTS.—Nothing in this section Payette water storage assessment report issued the Secretary of the Interior. affects— (b) AUTHORIZATION TO PLAN, DESIGN AND during 2006. (1) any valid or vested water right in existence CONSTRUCT THE TUMALO WATER CONSERVATION (b) BUREAU OF RECLAMATION.—A study con- on the date of enactment of this Act; or PROJECT.— ducted under this section shall comply with Bu- (2) any application for water rights pending (1) AUTHORIZATION.—The Secretary, in co- reau of Reclamation policy standards and before the date of enactment of this Act. guidelines for studies. operation with the District— SEC. 9003. SAN DIEGO INTERTIE, CALIFORNIA. (A) may participate in the planning, design, (c) AUTHORIZATION OF APPROPRIATIONS.— (a) FEASIBILITY STUDY, PROJECT DEVELOP- There is authorized to be appropriated to the and construction of the Tumalo Irrigation Dis- MENT, COST SHARE.— trict Water Conservation Project in Deschutes Secretary of the Interior to carry out this sec- (1) IN GENERAL.—The Secretary of the Interior tion $3,000,000. County, Oregon; and (hereinafter referred to as ‘‘Secretary’’), in con- (B) for purposes of planning and designing (d) TERMINATION OF EFFECTIVENESS.—The au- sultation and cooperation with the City of San the Project, shall take into account any appro- thority provided by this section terminates on Diego and the Sweetwater Authority, is author- priate studies and reports prepared by the Dis- the date that is 10 years after the date of enact- ized to undertake a study to determine the feasi- trict. ment of this Act. bility of constructing a four reservoir intertie (2) COST-SHARING REQUIREMENT.— SEC. 9002. SIERRA VISTA SUBWATERSHED, ARI- system to improve water storage opportunities, (A) FEDERAL SHARE.—The Federal share of ZONA. water supply reliability, and water yield of the the total cost of the Project shall be 25 percent, (a) DEFINITIONS.—In this section: existing non-Federal water storage system. The which shall be nonreimbursable to the United (1) APPRAISAL REPORT.—The term ‘‘appraisal feasibility study shall document the Secretary’s States. report’’ means the appraisal report concerning engineering, environmental, and economic in- (B) CREDIT TOWARD NON-FEDERAL SHARE.— the augmentation alternatives for the Sierra vestigation of the proposed reservoir and intertie The Secretary shall credit toward the non-Fed- Vista Subwatershed in the State of Arizona, project taking into consideration the range of eral share of the Project any amounts that the dated June 2007 and prepared by the Bureau of potential solutions and the circumstances and District provides toward the design, planning, Reclamation. needs of the area to be served by the proposed and construction before the date of enactment of (2) PRINCIPLES AND GUIDELINES.—The term reservoir and intertie project, the potential bene- this Act. ‘‘principles and guidelines’’ means the report fits to the people of that service area, and im- (3) TITLE.—The District shall hold title to any entitled ‘‘Economic and Environmental Prin- proved operations of the proposed reservoir and facilities constructed under this section. ciples and Guidelines for Water and Related intertie system. The Secretary shall indicate in (4) OPERATION AND MAINTENANCE COSTS.—The Land Resources Implementation Studies’’ issued the feasibility report required under paragraph District shall pay the operation and mainte- on March 10, 1983, by the Water Resources (4) whether the proposed reservoir and intertie nance costs of the Project. Council established under title I of the Water project is recommended for construction. (5) EFFECT.—Any assistance provided under Resources Planning Act (42 U.S.C. 1962a et (2) FEDERAL COST SHARE.—The Federal share this section shall not be considered to be a sup- seq.). of the costs of the feasibility study shall not ex- plemental or additional benefit under Federal (3) SECRETARY.—The term ‘‘Secretary’’ means ceed 50 percent of the total study costs. The Sec- reclamation law (the Act of June 17, 1902 (32 the Secretary of the Interior. retary may accept as part of the non-Federal Stat. 388, chapter 1093), and Acts supplemental (b) SIERRA VISTA SUBWATERSHED FEASIBILITY cost share, any contribution of such in-kind to and amendatory of that Act (43 U.S.C. 371 et STUDY.— services by the City of San Diego and the Sweet- seq.). (1) STUDY.— water Authority that the Secretary determines (c) AUTHORIZATION OF APPROPRIATIONS.— (A) IN GENERAL.—In accordance with the rec- will contribute toward the conduct and comple- There is authorized to be appropriated to the lamation laws and the principles and guidelines, tion of the study. Secretary for the Federal share of the cost of the the Secretary, acting through the Commissioner (3) COOPERATION.—The Secretary shall con- Project $4,000,000. of Reclamation, may complete a feasibility study sult and cooperate with appropriate State, re- (d) TERMINATION OF AUTHORITY.—The au- of alternatives to augment the water supplies gional, and local authorities in implementing thority of the Secretary to carry out this section within the Sierra Vista Subwatershed in the this subsection. shall expire on the date that is 10 years after the State of Arizona that are identified as appro- (4) FEASIBILITY REPORT.—The Secretary shall date of enactment of this Act. priate for further study in the appraisal report. submit to Congress a feasibility report for the SEC. 9102. MADERA WATER SUPPLY ENHANCE- (B) INCLUSIONS.—In evaluating the feasibility project the Secretary recommends, and to seek, MENT PROJECT, CALIFORNIA. of alternatives under subparagraph (A), the Sec- as the Secretary deems appropriate, specific au- (a) DEFINITIONS.—In this section: retary shall— thority to develop and construct any rec- (1) DISTRICT.—The term ‘‘District’’ means the (i) include— ommended project. This report shall include— Madera Irrigation District, Madera, California. (I) any required environmental reviews; (A) good faith letters of intent by the City of (2) PROJECT.—The term ‘‘Project’’ means the (II) the construction costs and projected oper- San Diego and the Sweetwater Authority and Madera Water Supply Enhancement Project, a ations, maintenance, and replacement costs for its non-Federal partners to indicate that they groundwater bank on the 13,646-acre Madera each alternative; and have committed to share the allocated costs as Ranch in Madera, California, owned, operated, (III) the economic feasibility of each alter- determined by the Secretary; and maintained, and managed by the District that native; (B) a schedule identifying the annual oper- will plan, design, and construct recharge, recov- (ii) take into consideration the ability of Fed- ation, maintenance, and replacement costs that ery, and delivery systems able to store up to eral, tribal, State, and local government sources should be allocated to the City of San Diego and 250,000 acre-feet of water and recover up to and private sources to fund capital construction the Sweetwater Authority, as well as the cur- 55,000 acre-feet of water per year, as substan- costs and annual operation, maintenance, en- rent and expected financial capability to pay tially described in the California Environmental ergy, and replacement costs; operation, maintenance, and replacement costs. Quality Act, Final Environmental Impact Re- (iii) establish the basis for— (b) FEDERAL RECLAMATION PROJECTS.—Noth- port for the Madera Irrigation District Water (I) any cost-sharing allocations; and ing in this section shall supersede or amend the Supply Enhancement Project, September 2005. (II) anticipated repayment, if any, of Federal provisions of Federal Reclamation laws or laws (3) SECRETARY.—The term ‘‘Secretary’’ means contributions; and associated with any project or any portion of the Secretary of the Interior. (iv) perform a cost-benefit analysis. any project constructed under any authority of (4) TOTAL COST.—The term ‘‘total cost’’ means (2) COST SHARING REQUIREMENT.— Federal Reclamation laws. all reasonable costs, such as the planning, de- (A) IN GENERAL.—The Federal share of the (c) AUTHORIZATION OF APPROPRIATIONS.— sign, permitting, and construction of the Project total costs of the study under paragraph (1) There is authorized to be appropriated to the and the acquisition costs of lands used or ac- shall not exceed 45 percent. Secretary $3,000,000 for the Federal cost share of quired by the District for the Project. (B) FORM OF NON-FEDERAL SHARE.—The non- the study authorized in subsection (a). (b) PROJECT FEASIBILITY.— Federal share required under subparagraph (A) (d) SUNSET.—The authority of the Secretary to (1) PROJECT FEASIBLE.—Pursuant to the Rec- may be in the form of any in-kind service that carry out any provisions of this section shall lamation Act of 1902 (32 Stat. 388) and Acts

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amendatory thereof and supplemental thereto, (e) SUNSET.—The authority of the Secretary to (4) TITLE TO PROJECT WORKS.—Title to the in- the Project is feasible and no further studies or carry out any provisions of this section shall frastructure of the System shall be held by the actions regarding feasibility are necessary. terminate 10 years after the date of the enact- Authority or as may otherwise be specified (2) APPLICABILITY OF OTHER LAWS.—The Sec- ment of this Act. under State law. retary shall implement the authority provided in SEC. 9103. EASTERN NEW MEXICO RURAL WATER (c) OPERATION, MAINTENANCE, AND REPLACE- this section in accordance with all applicable SYSTEM PROJECT, NEW MEXICO. MENT COSTS.— Federal laws, including the National Environ- (a) DEFINITIONS.—In this section: (1) IN GENERAL.—The Authority shall be re- mental Policy Act of 1969 (42 U.S.C. 4321 et seq.) (1) AUTHORITY.—The term ‘‘Authority’’ means sponsible for the annual operation, mainte- and the Endangered Species Act of 1973 (7 the Eastern New Mexico Rural Water Authority, nance, and replacement costs associated with U.S.C. 136; 16 U.S.C. 460 et seq.). an entity formed under State law for the pur- the System. (c) COOPERATIVE AGREEMENT.—All final plan- poses of planning, financing, developing, and (2) OPERATION, MAINTENANCE, AND REPLACE- ning and design and the construction of the operating the System. MENT PLAN.—The Authority, in consultation Project authorized by this section shall be un- (2) ENGINEERING REPORT.—The term ‘‘engi- with the Secretary, shall develop an operation, dertaken in accordance with a cooperative neering report’’ means the report entitled ‘‘East- maintenance, and replacement plan that estab- agreement between the Secretary and the Dis- ern New Mexico Rural Water System Prelimi- lishes the rates and fees for beneficiaries of the trict for the Project. Such cooperative agreement nary Engineering Report’’ and dated October System in the amount necessary to ensure that shall set forth in a manner acceptable to the 2006. the System is properly maintained and capable Secretary and the District the responsibilities of (3) PLAN.—The term ‘‘plan’’ means the oper- of delivering approximately 16,500 acre-feet of the District for participating, which shall in- ation, maintenance, and replacement plan re- water per year. clude— quired by subsection (c)(2). (d) ADMINISTRATIVE PROVISIONS.— (1) engineering and design; (4) SECRETARY.—The term ‘‘Secretary’’ means (1) COOPERATIVE AGREEMENTS.— (2) construction; and the Secretary of the Interior. (A) IN GENERAL.—The Secretary may enter (3) the administration of contracts pertaining (5) STATE.—The term ‘‘State’’ means the State into any contract, grant, cooperative agreement, to any of the foregoing. of New Mexico. or other agreement that is necessary to carry (d) AUTHORIZATION FOR THE MADERA WATER (6) SYSTEM.— out this section. SUPPLY AND ENHANCEMENT PROJECT.— (A) IN GENERAL.—The term ‘‘System’’ means (B) COOPERATIVE AGREEMENT FOR PROVISION (1) AUTHORIZATION OF CONSTRUCTION.—The the Eastern New Mexico Rural Water System, a OF FINANCIAL ASSISTANCE.— Secretary, acting pursuant to the Federal rec- water delivery project designed to deliver ap- (i) IN GENERAL.—The Secretary shall enter lamation laws (Act of June 17, 1902; 32 Stat. proximately 16,500 acre-feet of water per year into a cooperative agreement with the Authority 388), and Acts amendatory thereof or supple- from the Ute Reservoir to the cities of Clovis, to provide financial assistance and any other mentary thereto, is authorized to enter into a Elida, Grady, Melrose, Portales, and Texico and assistance requested by the Authority for plan- cooperative agreement through the Bureau of other locations in Curry, Roosevelt, and Quay ning, design, related preconstruction activities, Reclamation with the District for the support of Counties in the State. and construction of the System. the final design and construction of the Project. (B) INCLUSIONS.—The term ‘‘System’’ includes (ii) REQUIREMENTS.—The cooperative agree- (2) TOTAL COST.—The total cost of the Project the major components and associated infrastruc- ment entered into under clause (i) shall, at a for the purposes of determining the Federal cost ture identified as the ‘‘Best Technical Alter- minimum, specify the responsibilities of the Sec- share shall not exceed $90,000,000. native’’ in the engineering report. retary and the Authority with respect to— (3) COST SHARE.—The Federal share of the (7) UTE RESERVOIR.—The term ‘‘Ute Res- (I) ensuring that the cost-share requirements capital costs of the Project shall be provided on ervoir’’ means the impoundment of water cre- established by subsection (b)(2) are met; a nonreimbursable basis and shall not exceed 25 ated in 1962 by the construction of the Ute Dam (II) completing the planning and final design percent of the total cost. Capital, planning, de- on the Canadian River, located approximately of the System; sign, permitting, construction, and land acquisi- 32 miles upstream of the border between New (III) any environmental and cultural resource tion costs incurred by the District prior to the Mexico and Texas. compliance activities required for the System; date of the enactment of this Act shall be con- (b) EASTERN NEW MEXICO RURAL WATER SYS- and sidered a portion of the non-Federal cost share. TEM.— (IV) the construction of the System. (4) CREDIT FOR NON-FEDERAL WORK.—The Dis- (1) FINANCIAL ASSISTANCE.— (2) TECHNICAL ASSISTANCE.—At the request of trict shall receive credit toward the non-Federal (A) IN GENERAL.—The Secretary may provide the Authority, the Secretary may provide to the share of the cost of the Project for— financial and technical assistance to the Au- Authority any technical assistance that is nec- (A) in-kind services that the Secretary deter- thority to assist in planning, designing, con- essary to assist the Authority in planning, de- mines would contribute substantially toward the ducting related preconstruction activities for, signing, constructing, and operating the System. completion of the project; and constructing the System. (3) BIOLOGICAL ASSESSMENT.—The Secretary (B) reasonable costs incurred by the District (B) USE.— shall consult with the New Mexico Interstate as a result of participation in the planning, de- (i) IN GENERAL.—Any financial assistance pro- sign, permitting, and construction of the vided under subparagraph (A) shall be obligated Stream Commission and the Authority in pre- Project; and and expended only in accordance with a cooper- paring any biological assessment under the En- (C) the acquisition costs of lands used or ac- ative agreement entered into under subsection dangered Species Act of 1973 (16 U.S.C. 1531 et quired by the District for the Project. (d)(1)(B). seq.) that may be required for planning and constructing the System. (5) LIMITATION.—The Secretary shall not pro- (ii) LIMITATIONS.—Financial assistance pro- vide funds for the operation or maintenance of vided under clause (i) shall not be used— (4) EFFECT.—Nothing in this section— the Project authorized by this subsection. The (I) for any activity that is inconsistent with (A) affects or preempts— operation, ownership, and maintenance of the constructing the System; or (i) State water law; or Project shall be the sole responsibility of the (II) to plan or construct facilities used to sup- (ii) an interstate compact relating to the allo- District. ply irrigation water for irrigated agricultural cation of water; or (6) PLANS AND ANALYSES CONSISTENT WITH purposes. (B) confers on any non-Federal entity the FEDERAL LAW.—Before obligating funds for de- (2) COST-SHARING REQUIREMENT.— ability to exercise any Federal rights to— sign or construction under this subsection, the (A) IN GENERAL.—The Federal share of the (i) the water of a stream; or Secretary shall work cooperatively with the Dis- total cost of any activity or construction carried (ii) any groundwater resource. trict to use, to the extent possible, plans, de- out using amounts made available under this (e) AUTHORIZATION OF APPROPRIATIONS.— signs, and engineering and environmental anal- section shall be not more than 75 percent of the (1) IN GENERAL.—In accordance with the ad- yses that have already been prepared by the total cost of the System. justment carried out under paragraph (2), there District for the Project. The Secretary shall en- (B) SYSTEM DEVELOPMENT COSTS.—For pur- is authorized to be appropriated to the Secretary sure that such information as is used is con- poses of subparagraph (A), the total cost of the to carry out this section an amount not greater sistent with applicable Federal laws and regula- System shall include any costs incurred by the than $327,000,000. tions. Authority or the State on or after October 1, (2) ADJUSTMENT.—The amount made available (7) TITLE; RESPONSIBILITY; LIABILITY.—Noth- 2003, for the development of the System. under paragraph (1) shall be adjusted to reflect ing in this subsection or the assistance provided (3) LIMITATION.—No amounts made available changes in construction costs occurring after under this subsection shall be construed to under this section may be used for the construc- January 1, 2007, as indicated by engineering transfer title, responsibility, or liability related tion of the System until— cost indices applicable to the types of construc- to the Project to the United States. (A) a plan is developed under subsection tion necessary to carry out this section. (8) AUTHORIZATION OF APPROPRIATION.—There (c)(2); and (3) NONREIMBURSABLE AMOUNTS.—Amounts is authorized to be appropriated to the Secretary (B) the Secretary and the Authority have made available to the Authority in accordance to carry out this subsection $22,500,000 or 25 per- complied with any requirements of the National with the cost-sharing requirement under sub- cent of the total cost of the Project, whichever Environmental Policy Act of 1969 (42 U.S.C. 4321 section (b)(2) shall be nonreimbursable and non- is less. et seq.) applicable to the System. returnable to the United States.

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(4) AVAILABILITY OF FUNDS.—At the end of (i) in a manner agreed to by the Secretary and By and Between the United States of America each fiscal year, any unexpended funds appro- the District; and the Middle Rio Grande Conservancy Dis- priated pursuant to this section shall be re- (ii) over a period of 15 years; and trict, Providing for the Payment of Operation tained for use in future fiscal years consistent (iii) with no interest. and Maintenance Charges on Newly Reclaimed with this section. (C) CREDIT.—In determining the exact amount Pueblo Indian Lands in the Middle Rio Grande SEC. 9104. RANCHO CALIFORNIA WATER DISTRICT of reimbursable expenses to be recovered from Valley, New Mexico’’ and executed in September PROJECT, CALIFORNIA. the District, the Secretary shall credit the Dis- 2004 (including any successor agreements and (a) IN GENERAL.—The Reclamation Waste- trict for any amounts it paid before the date of amendments to the agreement). water and Groundwater Study and Facilities enactment of this Act for engineering work and (2) DESIGNATED ENGINEER.—The term ‘‘des- Act (Public Law 102–575, title XVI; 43 U.S.C. improvements directly associated with the ignated engineer’’ means a Federal employee 390h et seq.) is amended by adding at the end Project. designated under the Act of February 14, 1927 the following: (4) PROHIBITION ON OPERATION AND MAINTE- (69 Stat. 1098, chapter 138) to represent the ‘‘SEC. 1649. RANCHO CALIFORNIA WATER DIS- NANCE COSTS.—The District shall be responsible United States in any action involving the main- TRICT PROJECT, CALIFORNIA. for the operation and maintenance of any facil- tenance, rehabilitation, or preservation of the ‘‘(a) AUTHORIZATION.—The Secretary, in co- ity constructed or rehabilitated under this sec- condition of any irrigation structure or facility operation with the Rancho California Water tion. on land located in the Six Middle Rio Grande District, California, may participate in the de- (5) LIABILITY.—The United States shall not be Pueblos. sign, planning, and construction of permanent liable for damages of any kind arising out of (3) DISTRICT.—The term ‘‘District’’ means the facilities for water recycling, demineralization, any act, omission, or occurrence relating to a Middle Rio Grande Conservancy District, a po- and desalination, and distribution of non-pota- facility rehabilitated or constructed under this litical subdivision of the State established in ble water supplies in Southern Riverside Coun- section. 1925. ty, California. (6) EFFECT.—An activity provided Federal (4) PUEBLO IRRIGATION INFRASTRUCTURE.— ‘‘(b) COST SHARING.—The Federal share of the funding under this section shall not be consid- The term ‘‘Pueblo irrigation infrastructure’’ cost of the project described in subsection (a) ered a supplemental or additional benefit means any diversion structure, conveyance fa- shall not exceed 25 percent of the total cost of under— cility, or drainage facility that is— the project or $20,000,000, whichever is less. (A) the reclamation laws; or (A) in existence as of the date of enactment of ‘‘(c) LIMITATION.—Funds provided by the Sec- (B) the Act of August 11, 1939 (16 U.S.C. 590y this Act; and retary under this section shall not be used for et seq.). (B) located on land of a Rio Grande Pueblo operation or maintenance of the project de- (7) AUTHORIZATION OF APPROPRIATIONS.— that is associated with— scribed in subsection (a).’’. There is authorized to be appropriated to the (i) the delivery of water for the irrigation of (b) CLERICAL AMENDMENT.—The table of items Secretary to pay the Federal share of the total agricultural land; or in section 2 of Public Law 102–575 is amended by cost of carrying out the Project $8,250,000. (ii) the carriage of irrigation return flows and excess water from the land that is served. inserting after the last item the following: SEC. 9106. RIO GRANDE PUEBLOS, NEW MEXICO. (5) RIO GRANDE BASIN.—The term ‘‘Rio Grande (a) FINDINGS AND PURPOSE.— ‘‘Sec. 1649. Rancho California Water District Basin’’ means the headwaters of the Rio Chama (1) FINDINGS.—Congress finds that— Project, California.’’. and the Rio Grande Rivers (including any tribu- (A) drought, population increases, and envi- SEC. 9105. JACKSON GULCH REHABILITATION taries) from the State line between Colorado and ronmental needs are exacerbating water supply PROJECT, COLORADO. New Mexico downstream to the elevation cor- issues across the western United States, includ- (a) DEFINITIONS.—In this section: responding with the spillway crest of Elephant ing the Rio Grande Basin in New Mexico; (1) ASSESSMENT.—The term ‘‘assessment’’ Butte Dam at 4,457.3 feet mean sea level. (B) a report developed by the Bureau of Rec- means the engineering document that is— (6) RIO GRANDE PUEBLO.—The term ‘‘Rio lamation and the Bureau of Indian Affairs in (A) entitled ‘‘Jackson Gulch Inlet Canal Grande Pueblo’’ means any of the 18 Pueblos 2000 identified a serious need for the rehabilita- Project, Jackson Gulch Outlet Canal Project, that— Jackson Gulch Operations Facilities Project: tion and repair of irrigation infrastructure of (A) occupy land in the Rio Grande Basin; and Condition Assessment and Recommendations for the Rio Grande Pueblos; (B) are included on the list of federally recog- Rehabilitation’’; (C) inspection of existing irrigation infrastruc- nized Indian tribes published by the Secretary (B) dated February 2004; and ture of the Rio Grande Pueblos shows that in accordance with section 104 of the Federally (C) on file with the Bureau of Reclamation. many key facilities, such as diversion structures Recognized Indian Tribe List Act of 1994 (25 (2) DISTRICT.—The term ‘‘District’’ means the and main conveyance ditches, are unsafe and U.S.C. 479a–1). Mancos Water Conservancy District established barely, if at all, operable; (7) SECRETARY.—The term ‘‘Secretary’’ means under the Water Conservancy Act (Colo. Rev. (D) the benefits of rehabilitating and repair- the Secretary of the Interior, acting through the Stat. 37–45–101 et seq.). ing irrigation infrastructure of the Rio Grande Commissioner of Reclamation. (3) PROJECT.—The term ‘‘Project’’ means the Pueblos include— (8) SIX MIDDLE RIO GRANDE PUEBLOS.—The Jackson Gulch rehabilitation project, a program (i) water conservation; term ‘‘Six Middle Rio Grande Pueblos’’ means for the rehabilitation of the Jackson Gulch (ii) extending available water supplies; each of the Pueblos of Cochiti, Santo Domingo, Canal system and other infrastructure in the (iii) increased agricultural productivity; San Felipe, Santa Ana, Sandia, and Isleta. State, as described in the assessment. (iv) economic benefits; (9) SPECIAL PROJECT.—The term ‘‘special (4) SECRETARY.—The term ‘‘Secretary’’ means (v) safer facilities; and project’’ has the meaning given the term in the the Secretary of the Interior, acting through the (vi) the preservation of the culture of Indian 2004 Agreement. Commissioner of Reclamation. Pueblos in the State; (10) STATE.—The term ‘‘State’’ means the (5) STATE.—The term ‘‘State’’ means the State (E) certain Indian Pueblos in the Rio Grande State of New Mexico. of Colorado. Basin receive water from facilities operated or (c) IRRIGATION INFRASTRUCTURE STUDY.— (b) AUTHORIZATION OF JACKSON GULCH REHA- owned by the Bureau of Reclamation; and (1) STUDY.— BILITATION PROJECT.— (F) rehabilitation and repair of irrigation in- (A) IN GENERAL.—On the date of enactment of (1) IN GENERAL.—Subject to the reimbursement frastructure of the Rio Grande Pueblos would this Act, the Secretary, in accordance with sub- requirement described in paragraph (3), the Sec- improve— paragraph (B), and in consultation with the Rio retary shall pay the Federal share of the total (i) overall water management by the Bureau Grande Pueblos, shall— cost of carrying out the Project. of Reclamation; and (i) conduct a study of Pueblo irrigation infra- (2) USE OF EXISTING INFORMATION.—In pre- (ii) the ability of the Bureau of Reclamation structure; and paring any studies relating to the Project, the to help address potential water supply conflicts (ii) based on the results of the study, develop Secretary shall, to the maximum extent prac- in the Rio Grande Basin. a list of projects (including a cost estimate for ticable, use existing studies, including engineer- (2) PURPOSE.—The purpose of this section is to each project), that are recommended to be imple- ing and resource information provided by, or at direct the Secretary— mented over a 10-year period to repair, rehabili- the direction of— (A) to assess the condition of the irrigation in- tate, or reconstruct Pueblo irrigation infrastruc- (A) Federal, State, or local agencies; and frastructure of the Rio Grande Pueblos; ture. (B) the District. (B) to establish priorities for the rehabilitation (B) REQUIRED CONSENT.—In carrying out sub- (3) REIMBURSEMENT REQUIREMENT.— of irrigation infrastructure of the Rio Grande paragraph (A), the Secretary shall only include (A) AMOUNT.—The Secretary shall recover Pueblos in accordance with specified criteria; each individual Rio Grande Pueblo that notifies from the District as reimbursable expenses the and the Secretary that the Pueblo consents to par- lesser of— (C) to implement projects to rehabilitate and ticipate in— (i) the amount equal to 35 percent of the cost improve the irrigation infrastructure of the Rio (i) the conduct of the study under subpara- of the Project; or Grande Pueblos. graph (A)(i); and (ii) $2,900,000. (b) DEFINITIONS.—In this section: (ii) the development of the list of projects (B) MANNER.—The Secretary shall recover re- (1) 2004 AGREEMENT.—The term ‘‘2004 Agree- under subparagraph (A)(ii) with respect to the imbursable expenses under subparagraph (A)— ment’’ means the agreement entitled ‘‘Agreement Pueblo.

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(2) PRIORITY.— years thereafter, the Secretary, in consultation (e) EFFECT ON EXISTING AUTHORITY AND RE- (A) CONSIDERATION OF FACTORS.— with each Rio Grande Pueblo, shall— SPONSIBILITIES.—Nothing in this section— (i) IN GENERAL.—In developing the list of (A) review the report submitted under para- (1) affects any existing project-specific fund- projects under paragraph (1)(A)(ii), the Sec- graph (4); and ing authority; or retary shall— (B) update the list of projects described in (2) limits or absolves the United States from (I) consider each of the factors described in paragraph (4)(A) in accordance with each factor any responsibility to any Rio Grande Pueblo subparagraph (B); and described in paragraph (2)(B), as the Secretary (including any responsibility arising from a (II) prioritize the projects recommended for determines to be appropriate. trust relationship or from any Federal law (in- implementation based on— (d) IRRIGATION INFRASTRUCTURE GRANTS.— cluding regulations), Executive order, or agree- (aa) a review of each of the factors; and (1) IN GENERAL.—The Secretary may provide ment between the Federal Government and any (bb) a consideration of the projected benefits grants to, and enter into contracts or other Rio Grande Pueblo). of the project on completion of the project. agreements with, the Rio Grande Pueblos to (f) EFFECT ON PUEBLO WATER RIGHTS OR (ii) ELIGIBILITY OF PROJECTS.—A project is eli- plan, design, construct, or otherwise implement STATE WATER LAW.— gible to be considered and prioritized by the Sec- projects to repair, rehabilitate, reconstruct, or (1) PUEBLO WATER RIGHTS.—Nothing in this retary if the project addresses at least 1 factor replace Pueblo irrigation infrastructure that are section (including the implementation of any described in subparagraph (B). recommended for implementation under sub- project carried out in accordance with this sec- (B) FACTORS.—The factors referred to in sub- section (c)(1)(A)(ii)— tion) affects the right of any Pueblo to receive, paragraph (A) are— (A) to increase water use efficiency and agri- divert, store, or claim a right to water, including (i)(I) the extent of disrepair of the Pueblo irri- cultural productivity for the benefit of a Rio the priority of right and the quantity of water gation infrastructure; and Grande Pueblo; associated with the water right under Federal or (II) the effect of the disrepair on the ability of (B) to conserve water; or State law. the applicable Rio Grande Pueblo to irrigate ag- (C) to otherwise enhance water management (2) STATE WATER LAW.—Nothing in this sec- ricultural land using Pueblo irrigation infra- or help avert water supply conflicts in the Rio tion preempts or affects— structure; Grande Basin. (A) State water law; or (ii) whether, and the extent that, the repair, (2) LIMITATION.—Assistance provided under (B) an interstate compact governing water. rehabilitation, or reconstruction of the Pueblo paragraph (1) shall not be used for— (g) AUTHORIZATION OF APPROPRIATIONS.— irrigation infrastructure would provide an op- (A) the repair, rehabilitation, or reconstruc- (1) STUDY.—There is authorized to be appro- portunity to conserve water; tion of any major impoundment structure; or priated to carry out subsection (c) $4,000,000. (iii)(I) the economic and cultural impacts that (B) any on-farm improvements. (2) PROJECTS.—There is authorized to be ap- (3) CONSULTATION.—In carrying out a project the Pueblo irrigation infrastructure that is in propriated to carry out subsection (d) $6,000,000 under paragraph (1), the Secretary shall— disrepair has on the applicable Rio Grande for each of fiscal years 2010 through 2019. (A) consult with, and obtain the approval of, Pueblo; and SEC. 9107. UPPER COLORADO RIVER ENDAN- the applicable Rio Grande Pueblo; (II) the economic and cultural benefits that GERED FISH PROGRAMS. (B) consult with the Director of the Bureau of the repair, rehabilitation, or reconstruction of (a) DEFINITIONS.—Section 2 of Public Law Indian Affairs; and the Pueblo irrigation infrastructure would have 106–392 (114 Stat. 1602) is amended— (C) as appropriate, coordinate the project with on the applicable Rio Grande Pueblo; (1) in paragraph (5), by inserting ‘‘, rehabili- any work being conducted under the irrigation (iv) the opportunity to address water supply tation, and repair’’ after ‘‘and replacement’’; operations and maintenance program of the Bu- or environmental conflicts in the applicable and reau of Indian Affairs. river basin if the Pueblo irrigation infrastruc- (2) in paragraph (6), by inserting ‘‘those for (4) COST-SHARING REQUIREMENT.— ture is repaired, rehabilitated, or reconstructed; protection of critical habitat, those for pre- (A) FEDERAL SHARE.— venting entrainment of fish in water diver- and (i) IN GENERAL.—Except as provided in clause (v) the overall benefits of the project to effi- sions,’’ after ‘‘instream flows,’’. (ii), the Federal share of the total cost of car- (b) AUTHORIZATION TO FUND RECOVERY PRO- cient water operations on the land of the appli- rying out a project under paragraph (1) shall be GRAMS.—Section 3 of Public Law 106–392 (114 cable Rio Grande Pueblo. not more than 75 percent. Stat. 1603; 120 Stat. 290) is amended— (3) CONSULTATION.—In developing the list of (ii) EXCEPTION.—The Secretary may waive or (1) in subsection (a)— projects under paragraph (1)(A)(ii), the Sec- limit the non-Federal share required under (A) in paragraph (1), by striking ‘‘$61,000,000’’ retary shall consult with the Director of the Bu- clause (i) if the Secretary determines, based on and inserting ‘‘$88,000,000’’; reau of Indian Affairs (including the designated a demonstration of financial hardship by the (B) in paragraph (2), by striking ‘‘2010’’ and engineer with respect to each proposed project Rio Grande Pueblo, that the Rio Grande Pueblo inserting ‘‘2023’’; and that affects the Six Middle Rio Grande Pueblos), is unable to contribute the required non-Federal (C) in paragraph (3), by striking ‘‘2010’’ and the Chief of the Natural Resources Conservation share. inserting ‘‘2023’’; Service, and the Chief of Engineers to evaluate (B) DISTRICT CONTRIBUTIONS.— (2) in subsection (b)— the extent to which programs under the jurisdic- (i) IN GENERAL.—The Secretary may accept (A) in the matter preceding paragraph (1), by tion of the respective agencies may be used— from the District a partial or total contribution striking ‘‘$126,000,000’’ and inserting (A) to assist in evaluating projects to repair, toward the non-Federal share required for a ‘‘$209,000,000’’; rehabilitate, or reconstruct Pueblo irrigation in- project carried out under paragraph (1) on land (B) in paragraph (1)— frastructure; and located in any of the Six Middle Rio Grande (i) by striking ‘‘$108,000,000’’ and inserting (B) to implement— Pueblos if the Secretary determines that the ‘‘$179,000,000’’; and (i) a project recommended for implementation project is a special project. (ii) by striking ‘‘2010’’ and inserting ‘‘2023’’; under paragraph (1)(A)(ii); or (ii) LIMITATION.—Nothing in clause (i) re- and (ii) any other related project (including on- quires the District to contribute to the non-Fed- (C) in paragraph (2)— farm improvements) that may be appropriately eral share of the cost of a project carried out (i) by striking ‘‘$18,000,000’’ and inserting coordinated with the repair, rehabilitation, or under paragraph (1). ‘‘$30,000,000’’; and reconstruction of Pueblo irrigation infrastruc- (C) STATE CONTRIBUTIONS.— (ii) by striking ‘‘2010’’ and inserting ‘‘2023’’; ture to improve the efficient use of water in the (i) IN GENERAL.—The Secretary may accept and Rio Grande Basin. from the State a partial or total contribution to- (3) in subsection (c)(4), by striking (4) REPORT.—Not later than 2 years after the ward the non-Federal share for a project carried ‘‘$31,000,000’’ and inserting ‘‘$87,000,000’’. date of enactment of this Act, the Secretary out under paragraph (1). SEC. 9108. SANTA MARGARITA RIVER, CALI- shall submit to the Committee on Energy and (ii) LIMITATION.—Nothing in clause (i) re- FORNIA. Natural Resources of the Senate and the Com- quires the State to contribute to the non-Federal (a) DEFINITIONS.—In this section: mittee on Resources of the House of Representa- share of the cost of a project carried out under (1) DISTRICT.—The term ‘‘District’’ means the tives a report that includes— paragraph (1). Fallbrook Public Utility District, San Diego (A) the list of projects recommended for imple- (D) FORM OF NON-FEDERAL SHARE.—The non- County, California. mentation under paragraph (1)(A)(ii); and Federal share under subparagraph (A)(i) may be (2) PROJECT.—The term ‘‘Project’’ means the (B) any findings of the Secretary with respect in the form of in-kind contributions, including impoundment, recharge, treatment, and other to— the contribution of any valuable asset or service facilities the construction, operation, watershed (i) the study conducted under paragraph that the Secretary determines would substan- management, and maintenance of which is au- (1)(A)(i); tially contribute to a project carried out under thorized under subsection (b). (ii) the consideration of the factors under paragraph (1). (3) SECRETARY.—The term ‘‘Secretary’’ means paragraph (2)(B); and (5) OPERATION AND MAINTENANCE.—The Sec- the Secretary of the Interior. (iii) the consultations under paragraph (3). retary may not use any amount made available (b) AUTHORIZATION FOR CONSTRUCTION OF (5) PERIODIC REVIEW.—Not later than 4 years under subsection (g)(2) to carry out the oper- SANTA MARGARITA RIVER PROJECT.— after the date on which the Secretary submits ation or maintenance of any project carried out (1) AUTHORIZATION.—The Secretary, acting the report under paragraph (4) and every 4 under paragraph (1). pursuant to Federal reclamation law (the Act of

VerDate Mar 15 2010 12:18 Aug 01, 2011 Jkt 079102 PO 00000 Frm 00102 Fmt 0688 Sfmt 6333 E:\BR09\H25MR9.004 H25MR9 erowe on DSK5CLS3C1PROD with BOUND RECORD March 25, 2009 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 7 8685 June 17, 1902 (32 Stat. 388, chapter 1093), and of the Navy with respect to the share of the (i) the end of the 30-day period beginning on Acts supplemental to and amendatory of that Project of the Department of the Navy. the date on which the Secretary of the Navy Act (43 U.S.C. 371 et seq.), to the extent that law (2) YIELD ALLOTMENT.—Except as otherwise submits to the Committee on Armed Services of is not inconsistent with this section, may con- agreed between the parties, the Secretary of the the Senate and the Committee on Armed Serv- struct, operate, and maintain the Project sub- Navy and the District shall participate in the ices of the House of Representatives a report de- stantially in accordance with the final feasi- Project yield on the basis of equal priority and scribing the contract and the form and quantity bility report and environmental reviews for the in accordance with the following ratio: of the in-kind consideration; or Project and this section. (A) 60 percent of the yield of the Project is al- (ii) the end of the 14-day period beginning on (2) CONDITIONS.—The Secretary may construct lotted to the Secretary of the Navy. the date on which a copy of the report referred the Project only after the Secretary determines (B) 40 percent of the yield of the Project is al- to in clause (i) is provided in an electronic me- that the following conditions have occurred: lotted to the District. dium pursuant to section 480 of title 10, United (A)(i) The District and the Secretary of the (3) CONTRACTS FOR DELIVERY OF EXCESS States Code. Navy have entered into contracts under sub- WATER.— (e) REPAYMENT OBLIGATION OF THE DIS- sections (c)(2) and (e) of section 9 of the Rec- (A) EXCESS WATER AVAILABLE TO OTHER PER- TRICT.— lamation Project Act of 1939 (43 U.S.C. 485h) to SONS.—If the Secretary of the Navy certifies to (1) DETERMINATION.— repay to the United States equitable and appro- the official agreed on to administer the Project (A) IN GENERAL.—Except as otherwise pro- priate portions, as determined by the Secretary, that the Department of the Navy does not have vided in this paragraph, the general repayment of the actual costs of constructing, operating, immediate need for any portion of the 60 percent obligation of the District shall be determined by and maintaining the Project. of the yield of the Project allotted to the Sec- the Secretary consistent with subsections (c)(2) (ii) As an alternative to a repayment contract retary of the Navy under paragraph (2), the of- and (e) of section 9 of the Reclamation Project with the Secretary of the Navy described in ficial may enter into temporary contracts for the Act of 1939 (43 U.S.C. 485h) to repay to the clause (i), the Secretary may allow the Secretary sale and delivery of the excess water. United States equitable and appropriate por- of the Navy to satisfy all or a portion of the re- (B) FIRST RIGHT FOR EXCESS WATER.—The first tions, as determined by the Secretary, of the ac- payment obligation for construction of the right to excess water made available under sub- tual costs of constructing, operating, and main- Project on the payment of the share of the Sec- paragraph (A) shall be given the District, if oth- taining the Project. retary of the Navy prior to the initiation of con- erwise consistent with the laws of the State of (B) GROUNDWATER.—For purposes of calcu- struction, subject to a final cost allocation as California. lating interest and determining the time when described in subsection (c). (C) CONDITION OF CONTRACTS.—Each contract the repayment obligation of the District to the (B) The officer or agency of the State of Cali- entered into under subparagraph (A) for the United States commences, the pumping and fornia authorized by law to grant permits for sale and delivery of excess water shall include a treatment of groundwater from the Project shall the appropriation of water has granted the per- condition that the Secretary of the Navy has the be deemed equivalent to the first use of water mits to the Bureau of Reclamation for the ben- right to demand the water, without charge and from a water storage project. efit of the Secretary of the Navy and the District without obligation on the part of the United (C) CONTRACTS FOR DELIVERY OF EXCESS as permittees for rights to the use of water for States, after 30 days notice. WATER.—There shall be no repayment obligation storage and diversion as provided in this sec- (D) MODIFICATION OF RIGHTS AND OBLIGA- under this subsection for water delivered to the tion, including approval of all requisite changes TIONS.—The rights and obligations of the United District under a contract described in subsection in points of diversion and storage, and purposes States and the District regarding the ratio, (d)(3). and places of use. amounts, definition of Project yield, and pay- (2) MODIFICATION OF RIGHTS AND OBLIGATION (C)(i) The District has agreed— ment for excess water may be modified by an BY AGREEMENT.—The rights and obligations of (I) to not assert against the United States any agreement between the parties. the United States and the District regarding the repayment obligation of the District may be prior appropriative right the District may have (4) CONSIDERATION.— modified by an agreement between the parties. to water in excess of the quantity deliverable to (A) DEPOSIT OF FUNDS.— (f) TRANSFER OF CARE, OPERATION, AND MAIN- the District under this section; and (i) IN GENERAL.—Amounts paid to the United TENANCE.— (II) to share in the use of the waters im- States under a contract entered into under (1) IN GENERAL.—The Secretary may transfer pounded by the Project on the basis of equal paragraph (3) shall be— to the District, or a mutually agreed upon third priority and in accordance with the ratio pre- (I) deposited in the special account estab- party, the care, operation, and maintenance of scribed in subsection (d)(2). lished for the Department of the Navy under the Project under conditions that are— (ii) The agreement and waiver under clause (i) section 2667(e)(1) of title 10, United States Code; (A) satisfactory to the Secretary and the Dis- and the changes in points of diversion and stor- and trict; and age under subparagraph (B)— (II) shall be available for the purposes speci- (B) with respect to the portion of the Project (I) shall become effective and binding only fied in section 2667(e)(1)(C) of that title. that is located within the boundaries of Camp when the Project has been completed and put (ii) EXCEPTION.—Section 2667(e)(1)(D) of title Pendleton, satisfactory to the Secretary, the into operation; and 10, United States Code, shall not apply to District, and the Secretary of the Navy. (II) may be varied by agreement between the amounts deposited in the special account pursu- (2) EQUITABLE CREDIT.— District and the Secretary of the Navy. ant to this paragraph. (A) IN GENERAL.—In the event of a transfer (D) The Secretary has determined that the (B) IN-KIND CONSIDERATION.—In lieu of mone- under paragraph (1), the District shall be enti- Project has completed applicable economic, envi- tary consideration under subparagraph (A), or tled to an equitable credit for the costs associ- ronmental, and engineering feasibility studies. in addition to monetary consideration, the Sec- ated with the proportionate share of the Sec- (c) COSTS.— retary of the Navy may accept in-kind consider- retary of the operation and maintenance of the (1) IN GENERAL.—As determined by a final cost ation in a form and quantity that is acceptable Project. allocation after completion of the construction to the Secretary of the Navy, including— (B) APPLICATION.—The amount of costs de- of the Project, the Secretary of the Navy shall (i) maintenance, protection, alteration, repair, scribed in subparagraph (A) shall be applied be responsible to pay upfront or repay to the improvement, or restoration (including environ- against the indebtedness of the District to the Secretary only that portion of the construction, mental restoration) of property or facilities of United States. operation, and maintenance costs of the Project the Department of the Navy; (g) SCOPE OF SECTION.— that the Secretary and the Secretary of the (ii) construction of new facilities for the De- (1) IN GENERAL.—Except as otherwise provided Navy determine reflects the extent to which the partment of the Navy; in this section, for the purpose of this section, Department of the Navy benefits from the (iii) provision of facilities for use by the De- the laws of the State of California shall apply to Project. partment of the Navy; the rights of the United States pertaining to the (2) OTHER CONTRACTS.—Notwithstanding (iv) facilities operation support for the De- use of water under this section. paragraph (1), the Secretary may enter into a partment of the Navy; and (2) LIMITATIONS.—Nothing in this section— contract with the Secretary of the Navy for the (v) provision of such other services as the Sec- (A) provides a grant or a relinquishment by impoundment, storage, treatment, and carriage retary of the Navy considers appropriate. the United States of any rights to the use of of prior rights water for domestic, municipal, (C) RELATION TO OTHER LAWS.—Sections 2662 water that the United States acquired according fish and wildlife, industrial, and other bene- and 2802 of title 10, United States Code, shall to the laws of the State of California, either as ficial purposes using Project facilities. not apply to any new facilities the construction a result of the acquisition of the land com- (d) OPERATION; YIELD ALLOTMENT; DELIV- of which is accepted as in-kind consideration prising Camp Joseph H. Pendleton and adjoin- ERY.— under this paragraph. ing naval installations, and the rights to the use (1) OPERATION.—The Secretary, the District, (D) CONGRESSIONAL NOTIFICATION.—If the in- of water as a part of that acquisition, or or a third party (consistent with subsection (f)) kind consideration proposed to be provided through actual use or prescription or both since may operate the Project, subject to a memo- under a contract to be entered into under para- the date of that acquisition, if any; randum of agreement between the Secretary, the graph (3) has a value in excess of $500,000, the (B) creates any legal obligation to store any Secretary of the Navy, and the District and contract may not be entered into until the ear- water in the Project, to the use of which the under regulations satisfactory to the Secretary lier of— United States has those rights;

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(C) requires the division under this section of SEC. 9110. NORTH BAY WATER REUSE AUTHORITY. ‘‘(5) EFFECT.—Nothing in this section— water to which the United States has those (a) PROJECT AUTHORIZATION.—The Reclama- ‘‘(A) affects or preempts— rights; or tion Wastewater and Groundwater Study and ‘‘(i) State water law; or (D) constitutes a recognition of, or an admis- Facilities Act (Public Law 102–575, title XVI; 43 ‘‘(ii) an interstate compact relating to the al- sion by the United States that, the District has U.S.C. 390h et seq.) (as amended by section location of water; or any rights to the use of water in the Santa Mar- 9109(a)) is amended by adding at the end the ‘‘(B) confers on any non-Federal entity the garita River, which rights, if any, exist only by following: ability to exercise any Federal right to— virtue of the laws of the State of California. ‘‘SEC. 1651. NORTH BAY WATER REUSE PROGRAM. ‘‘(i) the water of a stream; or (h) LIMITATIONS ON OPERATION AND ADMINIS- ‘‘(a) DEFINITIONS.—In this section: ‘‘(ii) any groundwater resource. TRATION.—Unless otherwise agreed by the Sec- ‘‘(1) ELIGIBLE ENTITY.—The term ‘eligible enti- ‘‘(6) AUTHORIZATION OF APPROPRIATIONS.— retary of the Navy, the Project— ty’ means a member agency of the North Bay There is authorized to be appropriated for the (1) shall be operated in a manner which al- Water Reuse Authority of the State located in Federal share of the total cost of the first phase lows the free passage of all of the water to the the North San Pablo Bay watershed in— of the project authorized by this section use of which the United States is entitled ac- ‘‘(A) Marin County; $25,000,000, to remain available until ex- cording to the laws of the State of California ei- ‘‘(B) Napa County; pended.’’. ther as a result of the acquisition of the land ‘‘(C) Solano County; or (b) CONFORMING AMENDMENT.—The table of comprising Camp Joseph H. Pendleton and ad- ‘‘(D) Sonoma County. sections in section 2 of Public Law 102–575 (as joining naval installations, and the rights to the ‘‘(2) WATER RECLAMATION AND REUSE amended by section 9109(b)) is amended by in- use of water as a part of those acquisitions, or PROJECT.—The term ‘water reclamation and serting after the item relating to section 1650 the through actual use or prescription, or both, reuse project’ means a project carried out by the following: since the date of that acquisition, if any; and Secretary and an eligible entity in the North San Pablo Bay watershed relating to— ‘‘Sec. 1651. North Bay water reuse pro- (2) shall not be administered or operated in gram.’’. any way that will impair or deplete the quan- ‘‘(A) water quality improvement; tities of water the use of which the United ‘‘(B) wastewater treatment; SEC. 9111. PRADO BASIN NATURAL TREATMENT ‘‘(C) water reclamation and reuse; SYSTEM PROJECT, CALIFORNIA. States would be entitled under the laws of the ‘‘(D) groundwater recharge and protection; (a) PRADO BASIN NATURAL TREATMENT SYS- State of California had the Project not been ‘‘(E) surface water augmentation; or TEM PROJECT.— built. ‘‘(F) other related improvements. (1) IN GENERAL.—The Reclamation Waste- (i) REPORTS TO CONGRESS.—Not later than 2 ‘‘(3) STATE.—The term ‘State’ means the State water and Groundwater Study and Facilities years after the date of the enactment of this Act of California. Act (Public Law 102–575, title XVI; 43 U.S.C. and periodically thereafter, the Secretary and ‘‘(b) NORTH BAY WATER REUSE PROGRAM.— 390h et seq.) (as amended by section 9110(a)) is the Secretary of the Navy shall each submit to ‘‘(1) IN GENERAL.—Contingent upon a finding amended by adding at the end the following: the appropriate committees of Congress reports of feasibility, the Secretary, acting through a that describe whether the conditions specified in cooperative agreement with the State or a sub- ‘‘SEC. 1652. PRADO BASIN NATURAL TREATMENT SYSTEM PROJECT. subsection (b)(2) have been met and if so, the division of the State, is authorized to enter into manner in which the conditions were met. cooperative agreements with eligible entities for ‘‘(a) IN GENERAL.—The Secretary, in coopera- (j) AUTHORIZATION OF APPROPRIATIONS.— the planning, design, and construction of water tion with the Orange County Water District, There is authorized to be appropriated to carry reclamation and reuse facilities and recycled shall participate in the planning, design, and out this section— water conveyance and distribution systems. construction of natural treatment systems and (1) $60,000,000, as adjusted to reflect the engi- ‘‘(2) COORDINATION WITH OTHER FEDERAL wetlands for the flows of the Santa Ana River, neering costs indices for the construction cost of AGENCIES.—In carrying out this section, the Sec- California, and its tributaries into the Prado the Project; and retary and the eligible entity shall, to the max- Basin. (2) such sums as are necessary to operate and imum extent practicable, use the design work ‘‘(b) COST SHARING.—The Federal share of the maintain the Project. and environmental evaluations initiated by— cost of the project described in subsection (a) (k) SUNSET.—The authority of the Secretary to ‘‘(A) non-Federal entities; and shall not exceed 25 percent of the total cost of complete construction of the Project shall termi- ‘‘(B) the Corps of Engineers in the San Pablo the project. nate on the date that is 10 years after the date Bay Watershed of the State. ‘‘(c) LIMITATION.—Funds provided by the Sec- of enactment of this Act. ‘‘(3) PHASED PROJECT.—A cooperative agree- retary shall not be used for the operation and SEC. 9109. ELSINORE VALLEY MUNICIPAL WATER ment described in paragraph (1) shall require maintenance of the project described in sub- DISTRICT. that the North Bay Water Reuse Program car- section (a). (a) IN GENERAL.—The Reclamation Waste- ried out under this section shall consist of 2 ‘‘(d) AUTHORIZATION OF APPROPRIATIONS.— water and Groundwater Study and Facilities phases as follows: There is authorized to be appropriated to carry Act (Public Law 102–575, title XVI; 43 U.S.C. ‘‘(A) FIRST PHASE.—During the first phase, out this section $10,000,000. 390h et seq.) (as amended by section 9104(a)) is the Secretary and an eligible entity shall com- ‘‘(e) SUNSET OF AUTHORITY.—This section amended by adding at the end the following: plete the planning, design, and construction of shall have no effect after the date that is 10 years after the date of the enactment of this sec- ‘‘SEC. 1650. ELSINORE VALLEY MUNICIPAL WATER the main treatment and main conveyance sys- DISTRICT PROJECTS, CALIFORNIA. tems. tion.’’. ECOND PHASE ONFORMING AMENDMENT ‘‘(a) AUTHORIZATION.—The Secretary, in co- ‘‘(B) S .—During the second (2) C .—The table of operation with the Elsinore Valley Municipal phase, the Secretary and an eligible entity shall sections in section 2 of Public Law 102–575 (43 Water District, California, may participate in complete the planning, design, and construction U.S.C. prec. 371) (as amended by section 9110(b)) the design, planning, and construction of per- of the sub-regional distribution systems. is amended by inserting after the last item the manent facilities needed to establish recycled ‘‘(4) COST SHARING.— following: ‘‘(A) FEDERAL SHARE.—The Federal share of water distribution and wastewater treatment ‘‘1652. Prado Basin Natural Treatment System the cost of the first phase of the project author- and reclamation facilities that will be used to Project.’’. ized by this section shall not exceed 25 percent treat wastewater and provide recycled water in of the total cost of the first phase of the project. (b) LOWER CHINO DAIRY AREA DESALINATION the Elsinore Valley Municipal Water District, ‘‘(B) FORM OF NON-FEDERAL SHARE.—The DEMONSTRATION AND RECLAMATION PROJECT.— California. non-Federal share may be in the form of any in- (1) IN GENERAL.—The Reclamation Waste- ‘‘(b) COST SHARING.—The Federal share of the kind services that the Secretary determines water and Groundwater Study and Facilities cost of each project described in subsection (a) would contribute substantially toward the com- Act (Public Law 102–575, title XVI; 43 U.S.C. shall not exceed 25 percent of the total cost of pletion of the water reclamation and reuse 390h et seq.) (as amended by subsection (a)(1)) is the project. project, including— amended by adding at the end the following: ‘‘(c) LIMITATION.—Funds provided by the Sec- ‘‘(i) reasonable costs incurred by the eligible ‘‘SEC. 1653. LOWER CHINO DAIRY AREA DESALINA- retary under this section shall not be used for entity relating to the planning, design, and con- TION DEMONSTRATION AND REC- operation or maintenance of the projects de- struction of the water reclamation and reuse LAMATION PROJECT. scribed in subsection (a). project; and ‘‘(a) IN GENERAL.—The Secretary, in coopera- ‘‘(d) AUTHORIZATION OF APPROPRIATIONS.— ‘‘(ii) the acquisition costs of land acquired for tion with the Chino Basin Watermaster, the In- There is authorized to be appropriated to carry the project that is— land Empire Utilities Agency, and the Santa out this section $12,500,000.’’. ‘‘(I) used for planning, design, and construc- Ana Watershed Project Authority and acting (b) CLERICAL AMENDMENT.—The table of sec- tion of the water reclamation and reuse project under the Federal reclamation laws, shall par- tions in section 2 of Public Law 102–575 (as facilities; and ticipate in the design, planning, and construc- amended by section 9104(b)) is amended by in- ‘‘(II) owned by an eligible entity and directly tion of the Lower Chino Dairy Area desalina- serting after the item relating to section 1649 the related to the project. tion demonstration and reclamation project. following: ‘‘(C) LIMITATION.—The Secretary shall not ‘‘(b) COST SHARING.—The Federal share of the ‘‘Sec. 1650. Elsinore Valley Municipal Water provide funds for the operation and mainte- cost of the project described in subsection (a) District Projects, California.’’. nance of the project authorized by this section. shall not exceed—

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‘‘(1) 25 percent of the total cost of the project; (B) $26,000,000. (b) CONFORMING AMENDMENTS.—The table of or SEC. 9113. GREAT PROJECT, CALIFORNIA. sections in section 2 of Public Law 102–575 (as ‘‘(2) $26,000,000. (a) IN GENERAL.—The Reclamation Waste- amended by section 9114(b)) is amended by in- ‘‘(c) LIMITATION.—Funds provided by the Sec- water and Groundwater Study and Facilities serting after the last item the following: retary shall not be used for operation or mainte- Act (title XVI of Public Law 102–575; 43 U.S.C. ‘‘Sec. 1655. Yucaipa Valley Regional Water nance of the project described in subsection (a). 390h et seq.) (as amended by section 9111(b)(1)) Supply Renewal Project. ‘‘(d) AUTHORIZATION OF APPROPRIATIONS.— is amended by adding at the end the following: ‘‘Sec. 1656. City of Corona Water Utility, Cali- There are authorized to be appropriated such ‘‘SEC. 1654. OXNARD, CALIFORNIA, WATER REC- fornia, water recycling and reuse sums as are necessary to carry out this section. LAMATION, REUSE, AND TREATMENT project.’’. ‘‘(e) SUNSET OF AUTHORITY.—This section PROJECT. shall have no effect after the date that is 10 ‘‘(a) AUTHORIZATION.—The Secretary, in co- SEC. 9115. ARKANSAS VALLEY CONDUIT, COLO- years after the date of the enactment of this sec- operation with the City of Oxnard, California, RADO. tion.’’. may participate in the design, planning, and (a) COST SHARE.—The first section of Public (2) CONFORMING AMENDMENT.—The table of construction of Phase I permanent facilities for Law 87–590 (76 Stat. 389) is amended in the sec- sections in section 2 of Public Law 102–575 (43 the GREAT project to reclaim, reuse, and treat ond sentence of subsection (c) by inserting after U.S.C. prec. 371) (as amended by subsection impaired water in the area of Oxnard, Cali- ‘‘cost thereof,’’ the following: ‘‘or in the case of (a)(2)) is amended by inserting after the last fornia. the Arkansas Valley Conduit, payment in an item the following: ‘‘(b) COST SHARE.—The Federal share of the amount equal to 35 percent of the cost of the ‘‘1653. Lower Chino dairy area desalination costs of the project described in subsection (a) conduit that is comprised of revenue generated demonstration and reclamation shall not exceed 25 percent of the total cost. by payments pursuant to a repayment contract project.’’. ‘‘(c) LIMITATION.—The Secretary shall not and revenue that may be derived from contracts provide funds for the following: for the use of Fryingpan-Arkansas project ex- (c) ORANGE COUNTY REGIONAL WATER REC- ‘‘(1) The operations and maintenance of the cess capacity or exchange contracts using LAMATION PROJECT.—Section 1624 of the Rec- project described in subsection (a). Fryingpan-Arkansas project facilities,’’. lamation Wastewater and Groundwater Study ‘‘(2) The construction, operations, and main- and Facilities Act (Public Law 102–575, title (b) RATES.—Section 2(b) of Public Law 87–590 tenance of the visitor’s center related to the (76 Stat. 390) is amended— XVI; 43 U.S.C. 390h–12j) is amended— project described in subsection (a). (1) in the section heading, by striking the (1) by striking ‘‘(b) Rates’’ and inserting the ‘‘(d) SUNSET OF AUTHORITY.—The authority of following: words ‘‘PHASE 1 OF THE’’; and the Secretary to carry out any provisions of this ‘‘(b) RATES.— (2) in subsection (a), by striking ‘‘phase 1 of’’. section shall terminate 10 years after the date of ‘‘(1) IN GENERAL.—Rates’’; and SEC. 9112. BUNKER HILL GROUNDWATER BASIN, the enactment of this section.’’. CALIFORNIA. (2) by adding at the end the following: (b) CLERICAL AMENDMENT.—The table of sec- (a) DEFINITIONS.—In this section: tions in section 2 of the Reclamation Projects ‘‘(2) RUEDI DAM AND RESERVOIR, FOUNTAIN (1) DISTRICT.—The term ‘‘District’’ means the Authorization and Adjustment Act of 1992 (as VALLEY PIPELINE, AND SOUTH OUTLET WORKS AT Western Municipal Water District, Riverside amended by section 9111(b)(2)) is amended by in- PUEBLO DAM AND RESERVOIR.— County, California. serting after the last item the following: ‘‘(A) IN GENERAL.—Notwithstanding the rec- (2) PROJECT.— lamation laws, until the date on which the pay- ‘‘Sec. 1654. Oxnard, California, water reclama- (A) IN GENERAL.—The term ‘‘Project’’ means ments for the Arkansas Valley Conduit under tion, reuse, and treatment the Riverside-Corona Feeder Project. paragraph (3) begin, any revenue that may be project.’’. (B) INCLUSIONS.—The term ‘‘Project’’ in- derived from contracts for the use of Fryingpan- cludes— SEC. 9114. YUCAIPA VALLEY WATER DISTRICT, Arkansas project excess capacity or exchange CALIFORNIA. (i) 20 groundwater wells; contracts using Fryingpan-Arkansas project fa- (ii) groundwater treatment facilities; (a) IN GENERAL.—The Reclamation Waste- water and Groundwater Study and Facilities cilities shall be credited towards payment of the (iii) water storage and pumping facilities; and actual cost of Ruedi Dam and Reservoir, the (iv) 28 miles of pipeline in San Bernardino Act (Public Law 102–575, title XVI; 43 U.S.C. Fountain Valley Pipeline, and the South Outlet and Riverside Counties in the State of Cali- 390h et seq.) (as amended by section 9113(a)) is Works at Pueblo Dam and Reservoir plus inter- fornia. amended by adding at the end the following: est in an amount determined in accordance with (C) SECRETARY.—The term ‘‘Secretary’’ means ‘‘SEC. 1655. YUCAIPA VALLEY REGIONAL WATER this section. the Secretary of the Interior. SUPPLY RENEWAL PROJECT. ‘‘(B) EFFECT.—Nothing in the Federal rec- (b) PLANNING, DESIGN, AND CONSTRUCTION OF ‘‘(a) AUTHORIZATION.—The Secretary, in co- lamation law (the Act of June 17, 1902 (32 Stat. RIVERSIDE-CORONA FEEDER.— operation with the Yucaipa Valley Water Dis- (1) IN GENERAL.—The Secretary, in coopera- trict, may participate in the design, planning, 388, chapter 1093), and Acts supplemental to and tion with the District, may participate in the and construction of projects to treat impaired amendatory of that Act (43 U.S.C. 371 et seq.)) planning, design, and construction of the surface water, reclaim and reuse impaired prohibits the concurrent crediting of revenue Project. groundwater, and provide brine disposal within (with interest as provided under this section) to- (2) AGREEMENTS AND REGULATIONS.—The Sec- the Santa Ana Watershed as described in the re- wards payment of the Arkansas Valley Conduit retary may enter into such agreements and pro- port submitted under section 1606. as provided under this paragraph. mulgate such regulations as are necessary to ‘‘(b) COST SHARING.—The Federal share of the ‘‘(3) ARKANSAS VALLEY CONDUIT.— carry out this subsection. cost of the project described in subsection (a) ‘‘(A) USE OF REVENUE.—Notwithstanding the (3) FEDERAL SHARE.— shall not exceed 25 percent of the total cost of reclamation laws, any revenue derived from (A) PLANNING, DESIGN, CONSTRUCTION.—The the project. contracts for the use of Fryingpan-Arkansas Federal share of the cost to plan, design, and ‘‘(c) LIMITATION.—Funds provided by the Sec- project excess capacity or exchange contracts construct the Project shall not exceed the lesser retary shall not be used for operation or mainte- using Fryingpan-Arkansas project facilities of— nance of the project described in subsection (a). shall be credited towards payment of the actual (i) an amount equal to 25 percent of the total ‘‘(d) AUTHORIZATION OF APPROPRIATIONS.— cost of the Arkansas Valley Conduit plus inter- cost of the Project; and There is authorized to be appropriated to carry est in an amount determined in accordance with (ii) $26,000,000. out this section $20,000,000. this section. (B) STUDIES.—The Federal share of the cost to ‘‘SEC. 1656. CITY OF CORONA WATER UTILITY, ‘‘(B) ADJUSTMENT OF RATES.—Any rates complete the necessary planning studies associ- CALIFORNIA, WATER RECYCLING charged under this section for water for munic- ated with the Project— AND REUSE PROJECT. ipal, domestic, or industrial use or for the use of (i) shall not exceed an amount equal to 50 per- ‘‘(a) AUTHORIZATION.—The Secretary, in co- facilities for the storage or delivery of water cent of the total cost of the studies; and operation with the City of Corona Water Utility, shall be adjusted to reflect the estimated rev- (ii) shall be included as part of the limitation California, is authorized to participate in the enue derived from contracts for the use of described in subparagraph (A). design, planning, and construction of, and land Fryingpan-Arkansas project excess capacity or (4) IN-KIND SERVICES.—The non-Federal share acquisition for, a project to reclaim and reuse exchange contracts using Fryingpan-Arkansas of the cost of the Project may be provided in wastewater, including degraded groundwaters, project facilities.’’. cash or in kind. within and outside of the service area of the (c) AUTHORIZATION OF APPROPRIATIONS.—Sec- (5) LIMITATION.—Funds provided by the Sec- City of Corona Water Utility, California. tion 7 of Public Law 87–590 (76 Stat. 393) is retary under this subsection shall not be used ‘‘(b) COST SHARE.—The Federal share of the amended— for operation or maintenance of the Project. cost of the project authorized by this section (1) by striking ‘‘SEC. 7. There is hereby’’ and (6) AUTHORIZATION OF APPROPRIATIONS.— shall not exceed 25 percent of the total cost of inserting the following: There is authorized to be appropriated to the the project. Secretary to carry out this subsection the lesser ‘‘(c) LIMITATION.—The Secretary shall not ‘‘SEC. 7. AUTHORIZATION OF APPROPRIATIONS. of— provide funds for the operation and mainte- ‘‘(a) IN GENERAL.—There is’’; and (A) an amount equal to 25 percent of the total nance of the project authorized by this sec- (2) by adding at the end the following: cost of the Project; and tion.’’. ‘‘(b) ARKANSAS VALLEY CONDUIT.—

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‘‘(1) IN GENERAL.—Subject to annual appro- (B) OPERATION AND MAINTENANCE COSTS.— Park, on the east by the westerly right-of-way priations and paragraph (2), there are author- (i) IN GENERAL.—After the conveyance of the of Central Avenue, on the south by Tract 332B ized to be appropriated such sums as are nec- land and facilities under paragraph (1)(A) and MRGCD Map 38, and on the west by Tract B, essary for the construction of the Arkansas Val- consistent with the Agreement, the Authority Albuquerque Biological Park; containing 0.30 ley Conduit. shall be responsible for all duties and costs asso- acres, more or less. ‘‘(2) LIMITATION.—Amounts made available ciated with the operation, replacement, mainte- (D) Tract 332B of MRGCD Map 38; bounded under paragraph (1) shall not be used for the nance, enhancement, and betterment of the on the north by Tract 361, MRGCD Map 38, on operation or maintenance of the Arkansas Val- transferred land and facilities. the west by Tract 32A–1–A, MRGCD Map 38, ley Conduit.’’. (ii) LIMITATION ON FUNDING.—The Authority and on the south and east by the westerly right- Subtitle C—Title Transfers and Clarifications shall not be eligible to receive any Federal fund- of-way of Central Avenue; containing 0.25 ing to assist in the operation, replacement, acres, more or less. SEC. 9201. TRANSFER OF MCGEE CREEK PIPELINE AND FACILITIES. maintenance, enhancement, and betterment of (E) Tract 331A–1A of MRGCD Map 38, bound- the transferred land and facilities, except for ed on the west by Tract B, Albuquerque Biologi- (a) DEFINITIONS.—In this section: funding that would be available to any com- (1) AGREEMENT.—The term ‘‘Agreement’’ cal Park, on the east by Tract 332B, MRGCD means the agreement numbered 06–AG–60–2115 parable entity that is not subject to reclamation Map 38, and on the south by the westerly right- and entitled ‘‘Agreement Between the United laws. of-way of Central Avenue and Tract A, Albu- States of America and McGee Creek Authority (3) RELEASE FROM LIABILITY.— querque Biological Park; containing 0.08 acres, for the Purpose of Defining Responsibilities Re- (A) IN GENERAL.—Effective beginning on the more or less. lated to and Implementing the Title Transfer of date of the conveyance of the land and facilities (3) MIDDLE RIO GRANDE CONSERVANCY DIS- Certain Facilities at the McGee Creek Project, under paragraph (1)(A), the United States shall TRICT.—The terms ‘‘Middle Rio Grande Conser- Oklahoma’’. not be liable for damages of any kind arising vancy District’’ and ‘‘MRGCD’’ mean a political out of any act, omission, or occurrence relating (2) AUTHORITY.—The term ‘‘Authority’’ means subdivision of the State of New Mexico, created the McGee Creek Authority located in Okla- to any land or facilities conveyed, except for in 1925 to provide and maintain flood protection homa City, Oklahoma. damages caused by acts of negligence committed and drainage, and maintenance of ditches, ca- by the United States (including any employee or (3) SECRETARY.—The term ‘‘Secretary’’ means nals, and distribution systems for irrigation and the Secretary of the Interior. agent of the United States) before the date of water delivery and operations in the Middle Rio (b) CONVEYANCE OF MCGEE CREEK PROJECT the conveyance. Grande Valley. PIPELINE AND ASSOCIATED FACILITIES.— (B) NO ADDITIONAL LIABILITY.—Nothing in (4) MIDDLE RIO GRANDE PROJECT.—The term (1) AUTHORITY TO CONVEY.— this paragraph adds to any liability that the ‘‘Middle Rio Grande Project’’ means the works (A) IN GENERAL.—In accordance with all ap- United States may have under chapter 171 of associated with water deliveries and operations plicable laws and consistent with any terms and title 28, United States Code. in the Rio Grande basin as authorized by the conditions provided in the Agreement, the Sec- (4) CONTRACTUAL OBLIGATIONS.— Flood Control Act of 1948 (Public Law 80–858; 62 retary may convey to the Authority all right, (A) IN GENERAL.—Except as provided in sub- Stat. 1175) and the Flood Control Act of 1950 title, and interest of the United States in and to paragraph (B), any rights and obligations under (Public Law 81–516; 64 Stat. 170). the pipeline and any associated facilities de- the contract numbered 0–07–50–X0822 and dated (5) SAN GABRIEL PARK.—The term ‘‘San Ga- scribed in the Agreement, including— October 11, 1979, between the Authority and the briel Park’’ means the tract of land containing (i) the pumping plant; United States for the construction, operation, 40.2236 acres, more or less, situated within Sec- (ii) the raw water pipeline from the McGee and maintenance of the McGee Creek Project, tion 12 and Section 13, T10N, R2E, N.M.P.M., Creek pumping plant to the rate of flow control shall remain in full force and effect. City of Albuquerque, Bernalillo County, New station at Lake Atoka; (B) AMENDMENTS.—With the consent of the Mexico, and described by New Mexico State (iii) the surge tank; Authority, the Secretary may amend the con- Plane Grid Bearings (Central Zone) and ground (iv) the regulating tank; tract described in subparagraph (A) to reflect distances in a Special Warranty Deed conveying (v) the McGee Creek operation and mainte- the conveyance of the land and facilities under the property from MRGCD to the City, dated nance complex, maintenance shop, and pole paragraph (1)(A). November 25, 1997. barn; and (5) APPLICABILITY OF THE RECLAMATION (6) TINGLEY BEACH.—The term ‘‘Tingley (vi) any other appurtenances, easements, and LAWS.—Notwithstanding the conveyance of the Beach’’ means the tract of land containing fee title land associated with the facilities de- land and facilities under paragraph (1)(A), the 25.2005 acres, more or less, situated within Sec- scribed in clauses (i) through (v), in accordance reclamation laws shall continue to apply to any tion 13 and Section 24, T10N, R2E, and secs. 18 with the Agreement. project water provided to the Authority. and 19, T10N, R3E, N.M.P.M., City of Albu- (B) EXCLUSION OF MINERAL ESTATE FROM CON- SEC. 9202. ALBUQUERQUE BIOLOGICAL PARK, querque, Bernalillo County, New Mexico, and VEYANCE.— NEW MEXICO, TITLE CLARIFICATION. described by New Mexico State Plane Grid Bear- (i) IN GENERAL.—The mineral estate shall be (a) PURPOSE.—The purpose of this section is ings (Central Zone) and ground distances in a excluded from the conveyance of any land or fa- to direct the Secretary of the Interior to issue a Special Warranty Deed conveying the property cilities under subparagraph (A). quitclaim deed conveying any right, title, and from MRGCD to the City, dated November 25, (ii) MANAGEMENT.—Any mineral interests re- interest the United States may have in and to 1997. tained by the United States under this section Tingley Beach, San Gabriel Park, or the (c) CLARIFICATION OF PROPERTY INTEREST.— shall be managed— BioPark Parcels to the City, thereby removing a (1) REQUIRED ACTION.—The Secretary of the (I) consistent with Federal law; and potential cloud on the City’s title to these lands. Interior shall issue a quitclaim deed conveying (II) in a manner that would not interfere with (b) DEFINITIONS.—In this section: any right, title, and interest the United States the purposes for which the McGee Creek Project (1) CITY.—The term ‘‘City’’ means the City of may have in and to Tingley Beach, San Gabriel was authorized. Albuquerque, New Mexico. Park, and the BioPark Parcels to the City. (C) COMPLIANCE WITH AGREEMENT; APPLICA- (2) BIOPARK PARCELS.—The term ‘‘BioPark (2) TIMING.—The Secretary shall carry out the BLE LAW.— Parcels’’ means a certain area of land con- action in paragraph (1) as soon as practicable (i) AGREEMENT.—All parties to the conveyance taining 19.16 acres, more or less, situated within after the date of enactment of this Act and in under subparagraph (A) shall comply with the the Town of Albuquerque Grant, in Projected accordance with all applicable law. terms and conditions of the Agreement, to the Section 13, Township 10 North, Range 2 East, (3) NO ADDITIONAL PAYMENT.—The City shall extent consistent with this section. N.M.P.M., City of Albuquerque, Bernalillo not be required to pay any additional costs to (ii) APPLICABLE LAW.—Before any conveyance County, New Mexico, comprised of the following the United States for the value of San Gabriel under subparagraph (A), the Secretary shall platted tracts and lot, and MRGCD tracts: Park, Tingley Beach, and the BioPark Parcels. complete any actions required under— (A) Tracts A and B, Albuquerque Biological (d) OTHER RIGHTS, TITLE, AND INTERESTS UN- (I) the National Environmental Policy Act of Park, as the same are shown and designated on AFFECTED.— 1969 (42 U.S.C. 4321 et seq.); the Plat of Tracts A & B, Albuquerque Biologi- (1) IN GENERAL.—Except as expressly provided (II) the Endangered Species Act of 1973 (16 cal Park, recorded in the Office of the County in subsection (c), nothing in this section shall be U.S.C. 1531 et seq.); Clerk of Bernalillo County, New Mexico on Feb- construed to affect any right, title, or interest in (III) the National Historic Preservation Act ruary 11, 1994 in Book 94C, Page 44; containing and to any land associated with the Middle Rio (16 U.S.C. 470 et seq.); and 17.9051 acres, more or less. Grande Project. (IV) any other applicable laws. (B) Lot B–1, Roger Cox Addition, as the same (2) ONGOING LITIGATION.—Nothing contained (2) OPERATION OF TRANSFERRED FACILITIES.— is shown and designated on the Plat of Lots B– in this section shall be construed or utilized to (A) IN GENERAL.—On the conveyance of the 1 and B–2 Roger Cox Addition, recorded in the affect or otherwise interfere with any position land and facilities under paragraph (1)(A), the Office of the County Clerk of Bernalillo County, set forth by any party in the lawsuit pending Authority shall comply with all applicable Fed- New Mexico on October 3, 1985 in Book C28, before the United States District Court for the eral, State, and local laws (including regula- Page 99; containing 0.6289 acres, more or less. District of New Mexico, 99–CV–01320–JAP–RHS, tions) in the operation of any transferred facili- (C) Tract 361 of MRGCD Map 38, bounded on entitled Rio Grande Silvery Minnow v. John W. ties. the north by Tract A, Albuquerque Biological Keys, III, concerning the right, title, or interest

VerDate Mar 15 2010 12:18 Aug 01, 2011 Jkt 079102 PO 00000 Frm 00106 Fmt 0688 Sfmt 6333 E:\BR09\H25MR9.004 H25MR9 erowe on DSK5CLS3C1PROD with BOUND RECORD March 25, 2009 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 7 8689 in and to any property associated with the Mid- veyance shall be completed. The Secretary shall SEC. 9402. IMPLEMENTATION AND WATER AC- dle Rio Grande Project. submit a report required under this subsection to COUNTING. SEC. 9203. GOLETA WATER DISTRICT WATER DIS- Congress not later than 14 months after the date (a) IMPLEMENTATION.—The Secretary is au- TRIBUTION SYSTEM, CALIFORNIA. of the enactment of this Act. thorized to manage and implement the LCR (a) DEFINITIONS.—In this section: Subtitle D—San Gabriel Basin Restoration MSCP in accordance with the Program Docu- (1) AGREEMENT.—The term ‘‘Agreement’’ Fund ments. means Agreement No. 07–LC–20–9387 between (b) WATER ACCOUNTING.—The Secretary is au- SEC. 9301. RESTORATION FUND. thorized to enter into an agreement with the the United States and the District, entitled Section 110 of division B of the Miscellaneous ‘‘Agreement Between the United States and the States providing for the use of water from the Appropriations Act, 2001 (114 Stat. 2763A–222), Lower Colorado River for habitat creation and Goleta Water District to Transfer Title of the as enacted into law by section 1(a)(4) of the Federally Owned Distribution System to the maintenance in accordance with the Program Consolidated Appropriations Act, 2001 (Public Documents. Goleta Water District’’. Law 106–554, as amended by Public Law 107–66), (2) DISTRICT.—The term ‘‘District’’ means the SEC. 9403. ENFORCEABILITY OF PROGRAM DOCU- is further amended— MENTS. Goleta Water District, located in Santa Barbara (1) in subsection (a)(3)(B), by inserting after (a) IN GENERAL.—Due to the unique condi- County, California. clause (iii) the following: tions of the Colorado River, any party to the (3) GOLETA WATER DISTRIBUTION SYSTEM.— ‘‘(iv) NON-FEDERAL MATCH.—After $85,000,000 Funding and Management Agreement or the Im- The term ‘‘Goleta Water Distribution System’’ has cumulatively been appropriated under sub- plementing Agreement, and any permittee under means the facilities constructed by the United section (d)(1), the remainder of Federal funds the Section 10(a)(1)(B) Permit, may commence a States to enable the District to convey water to appropriated under subsection (d) shall be sub- civil action in United States district court to ad- its water users, and associated lands, as de- ject to the following matching requirement: judicate, confirm, validate or decree the rights scribed in Appendix A of the Agreement. ‘‘(I) SAN GABRIEL BASIN WATER QUALITY AU- and obligations of the parties under those Pro- (4) SECRETARY.—The term ‘‘Secretary’’ means THORITY.—The San Gabriel Basin Water Qual- the Secretary of the Interior. ity Authority shall be responsible for providing gram Documents. URISDICTION.—The district court shall (b) CONVEYANCE OF THE GOLETA WATER DIS- a 35 percent non-Federal match for Federal (b) J have jurisdiction over such actions and may TRIBUTION SYSTEM.—The Secretary is author- funds made available to the Authority under issue such orders, judgments, and decrees as are ized to convey to the District all right, title, and this Act. interest of the United States in and to the ‘‘(II) CENTRAL BASIN MUNICIPAL WATER DIS- consistent with the court’s exercise of jurisdic- Goleta Water Distribution System of the TRICT.—The Central Basin Municipal Water tion under this section. Cachuma Project, California, subject to valid District shall be responsible for providing a 35 (c) UNITED STATES AS DEFENDANT.— (1) IN GENERAL.—The United States or any existing rights and consistent with the terms percent non-Federal match for Federal funds agency of the United States may be named as a and conditions set forth in the Agreement. made available to the District under this Act.’’; (c) LIABILITY.—Effective upon the date of the (2) in subsection (a), by adding at the end the defendant in such actions. conveyance authorized by subsection (b), the following: (2) SOVEREIGN IMMUNITY.—Subject to para- United States shall not be held liable by any ‘‘(4) INTEREST ON FUNDS IN RESTORATION graph (3), the sovereign immunity of the United court for damages of any kind arising out of FUND.—No amounts appropriated above the cu- States is waived for purposes of actions com- any act, omission, or occurrence relating to the mulative amount of $85,000,000 to the Restora- menced pursuant to this section. lands, buildings, or facilities conveyed under tion Fund under subsection (d)(1) shall be in- (3) NONWAIVER FOR CERTAIN CLAIMS.—Nothing this section, except for damages caused by acts vested by the Secretary of the Treasury in inter- in this section waives the sovereign immunity of of negligence committed by the United States or est-bearing securities of the United States.’’; the United States to claims for money damages, by its employees or agents prior to the date of and monetary compensation, the provision of indem- conveyance. Nothing in this section increases (3) by amending subsection (d) to read as fol- nity, or any claim seeking money from the the liability of the United States beyond that lows: United States. provided in chapter 171 of title 28, United States ‘‘(d) AUTHORIZATION OF APPROPRIATIONS.— (d) RIGHTS UNDER FEDERAL AND STATE LAW.— (1) IN GENERAL.—Except as specifically pro- Code (popularly known as the Federal Tort ‘‘(1) IN GENERAL.—There is authorized to be vided in this section, nothing in this section lim- Claims Act). appropriated to the Restoration Fund estab- its any rights or obligations of any party under (d) BENEFITS.—After conveyance of the Goleta lished under subsection (a) $146,200,000. Such Water Distribution System under this section— funds shall remain available until expended. Federal or State law. (2) APPLICABILITY TO LOWER COLORADO RIVER (1) such distribution system shall not be con- ‘‘(2) SET-ASIDE.—Of the amounts appropriated MULTI-SPECIES CONSERVATION PROGRAM.—This sidered to be a part of a Federal reclamation under paragraph (1), no more than $21,200,000 section— project; and shall be made available to carry out the Central (A) shall apply only to the Lower Colorado (2) the District shall not be eligible to receive Basin Water Quality Project.’’. River Multi-Species Conservation Program; and any benefits with respect to any facility com- Subtitle E—Lower Colorado River Multi- (B) shall not affect the terms of, or rights or prising the Goleta Water Distribution System, Species Conservation Program obligations under, any other conservation plan except benefits that would be available to a SEC. 9401. DEFINITIONS. created pursuant to any Federal or State law. similarly situated entity with respect to property In this subtitle: (e) VENUE.—Any suit pursuant to this section that is not part of a Federal reclamation project. (1) LOWER COLORADO RIVER MULTI-SPECIES may be brought in any United States district OMPLIANCE WITH OTHER LAWS.— (e) C CONSERVATION PROGRAM.—The term ‘‘Lower court in the State in which any non-Federal (1) COMPLIANCE WITH ENVIRONMENTAL AND Colorado River Multi-Species Conservation Pro- party to the suit is situated. HISTORIC PRESERVATION LAWS.—Prior to any gram’’ or ‘‘LCR MSCP’’ means the cooperative SEC. 9404. AUTHORIZATION OF APPROPRIATIONS. conveyance under this section, the Secretary effort on the Lower Colorado River between shall complete all actions required under the (a) IN GENERAL.—There is authorized to be Federal and non-Federal entities in Arizona, appropriated to the Secretary such sums as may National Environmental Policy Act of 1969 (42 California, and Nevada approved by the Sec- U.S.C. 4321 et seq.), the Endangered Species Act be necessary to meet the obligations of the Sec- retary of the Interior on April 2, 2005. retary under the Program Documents, to remain of 1973 (16 U.S.C. 1531 et seq.), the National His- (2) LOWER COLORADO RIVER.—The term available until expended. toric Preservation Act (16 U.S.C. 470 et seq.), ‘‘Lower Colorado River’’ means the segment of (b) NON-REIMBURSABLE AND NON-RETURN- and all other applicable laws. the Colorado River within the planning area as ABLE.—All amounts appropriated to and ex- (2) COMPLIANCE BY THE DISTRICT.—Upon the provided in section 2(B) of the Implementing pended by the Secretary for the LCR MSCP conveyance of the Goleta Water Distribution Agreement, a Program Document. shall be non-reimbursable and non-returnable. System under this section, the District shall (3) PROGRAM DOCUMENTS.—The term ‘‘Pro- comply with all applicable Federal, State, and gram Documents’’ means the Habitat Conserva- Subtitle F—Secure Water local laws and regulations in its operation of tion Plan, Biological Assessment and Biological SEC. 9501. FINDINGS. the facilities that are transferred. and Conference Opinion, Environmental Impact Congress finds that— (3) APPLICABLE AUTHORITY.—All provisions of Statement/Environmental Impact Report, Fund- (1) adequate and safe supplies of water are Federal reclamation law (the Act of June 17, ing and Management Agreement, Implementing fundamental to the health, economy, security, 1902 (43 U.S.C. 371 et seq.) and Acts supple- Agreement, and Section 10(a)(1)(B) Permit and ecology of the United States; mental to and amendatory of that Act) shall issued and, as applicable, executed in connec- (2) systematic data-gathering with respect to, continue to be applicable to project water pro- tion with the LCR MSCP, and any amendments and research and development of, the water re- vided to the District. or successor documents that are developed con- sources of the United States will help ensure the (f) REPORT.—If, 12 months after the date of sistent with existing agreements and applicable continued existence of sufficient quantities of the enactment of this Act, the Secretary has not law. water to support— completed the conveyance required under sub- (4) SECRETARY.—The term ‘‘Secretary’’ means (A) increasing populations; section (b), the Secretary shall complete a report the Secretary of the Interior. (B) economic growth; that states the reason the conveyance has not (5) STATE.—The term ‘‘State’’ means each of (C) irrigated agriculture; been completed and the date by which the con- the States of Arizona, California, and Nevada. (D) energy production; and

VerDate Mar 15 2010 12:18 Aug 01, 2011 Jkt 079102 PO 00000 Frm 00107 Fmt 0688 Sfmt 6333 E:\BR09\H25MR9.004 H25MR9 erowe on DSK5CLS3C1PROD with BOUND RECORD 8690 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 7 March 25, 2009 (E) the protection of aquatic ecosystems; (A) the Bonneville Power Administration; (2) to ensure, to the maximum extent possible, (3) global climate change poses a significant (B) the Southeastern Power Administration; that strategies are developed at watershed and challenge to the protection and use of the water (C) the Southwestern Power Administration; aquifer system scales to address potential water resources of the United States due to an in- and shortages, conflicts, and other impacts to water creased uncertainty with respect to the timing, (D) the Western Area Power Administration. users located at, and the environment of, each form, and geographical distribution of precipita- (9) HYDROLOGIC ACCOUNTING UNIT.—The term service area. tion, which may have a substantial effect on the ‘‘hydrologic accounting unit’’ means 1 of the 352 (b) REQUIRED ELEMENTS.—In carrying out the supplies of water for agricultural, hydroelectric river basin hydrologic accounting units used by program described in subsection (a), the Sec- power, industrial, domestic supply, and environ- the United States Geological Survey. retary shall— mental needs; (10) INDIAN TRIBE.—The term ‘‘Indian tribe’’ (1) coordinate with the United States Geologi- (4) although States bear the primary responsi- has the meaning given the term in section 4 of cal Survey, the National Oceanic and Atmos- bility and authority for managing the water re- the Indian Self-Determination and Education pheric Administration, the program, and each sources of the United States, the Federal Gov- Assistance Act (25 U.S.C. 450b). appropriate State water resource agency, to en- ernment should support the States, as well as (11) MAJOR AQUIFER SYSTEM.—The term sure that the Secretary has access to the best regional, local, and tribal governments, by car- ‘‘major aquifer system’’ means a groundwater available scientific information with respect to rying out— system that is— presently observed and projected future impacts (A) nationwide data collection and monitoring (A) identified as a significant groundwater of global climate change on water resources; activities; system by the Director; and (2) assess specific risks to the water supply of (B) relevant research; and (B) included in the Groundwater Atlas of the each major reclamation river basin, including (C) activities to increase the efficiency of the United States, published by the United States any risk relating to— use of water in the United States; Geological Survey. (A) a change in snowpack; (5) Federal agencies that conduct water man- (12) MAJOR RECLAMATION RIVER BASIN.— (B) changes in the timing and quantity of agement and related activities have a responsi- (A) IN GENERAL.—The term ‘‘major reclama- runoff; bility— tion river basin’’ means each major river system (C) changes in groundwater recharge and dis- (A) to take a lead role in assessing risks to the (including tributaries)— charge; and water resources of the United States (including (i) that is located in a service area of the Bu- (D) any increase in— risks posed by global climate change); and reau of Reclamation; and (i) the demand for water as a result of in- (ii) at which is located a federally authorized (B) to develop strategies— creasing temperatures; and (i) to mitigate the potential impacts of each project of the Bureau of Reclamation. (ii) the rate of reservoir evaporation; risk described in subparagraph (A); and (B) INCLUSIONS.—The term ‘‘major reclama- (3) with respect to each major reclamation (ii) to help ensure that the long-term water re- tion river basin’’ includes— river basin, analyze the extent to which changes sources management of the United States is sus- (i) the Colorado River; in the water supply of the United States will im- tainable and will ensure sustainable quantities (ii) the Columbia River; pact— of water; (iii) the Klamath River; (A) the ability of the Secretary to deliver (6) it is critical to continue and expand re- (iv) the Missouri River; water to the contractors of the Secretary; search and monitoring efforts— (v) the Rio Grande; (A) to improve the understanding of the varia- (vi) the Sacramento River; (B) hydroelectric power generation facilities; bility of the water cycle; and (vii) the San Joaquin River; and (C) recreation at reclamation facilities; (B) to provide basic information necessary— (viii) the Truckee River. (D) fish and wildlife habitat; (i) to manage and efficiently use the water re- (13) NON-FEDERAL PARTICIPANT.—The term (E) applicable species listed as an endangered, sources of the United States; and ‘‘non-Federal participant’’ means— threatened, or candidate species under the En- (ii) to identify new supplies of water that are (A) a State, regional, or local authority; dangered Species Act of 1973 (16 U.S.C. 1531 et capable of being reclaimed; and (B) an Indian tribe or tribal organization; or seq.); (7) the study of water use is vital— (C) any other qualifying entity, such as a (F) water quality issues (including salinity (A) to the understanding of the impacts of water conservation district, water conservancy levels of each major reclamation river basin); human activity on water and ecological re- district, or rural water district or association, or (G) flow and water dependent ecological resil- sources; and a nongovernmental organization. iency; and (B) to the assessment of whether available (14) PANEL.—The term ‘‘panel’’ means the cli- (H) flood control management; surface and groundwater supplies will be avail- mate change and water intragovernmental (4) in consultation with appropriate non-Fed- able to meet the future needs of the United panel established by the Secretary under section eral participants, consider and develop appro- States. 9506(a). priate strategies to mitigate each impact of SEC. 9502. DEFINITIONS. (15) PROGRAM.—The term ‘‘program’’ means water supply changes analyzed by the Secretary In this section: the regional integrated sciences and assessments under paragraph (3), including strategies relat- (1) ADMINISTRATOR.—The term ‘‘Adminis- program— ing to— trator’’ means the Administrator of the National (A) established by the Administrator; and (A) the modification of any reservoir storage Oceanic and Atmospheric Administration. (B) that is comprised of 8 regional programs or operating guideline in existence as of the date (2) ADVISORY COMMITTEE.—The term ‘‘Advi- that use advances in integrated climate sciences of enactment of this Act; sory Committee’’ means the National Advisory to assist decisionmaking processes. (B) the development of new water manage- Committee on Water Information established— (16) SECRETARY.— ment, operating, or habitat restoration plans; (A) under the Office of Management and (A) IN GENERAL.—Except as provided in sub- (C) water conservation; Budget Circular 92–01; and paragraph (B), the term ‘‘Secretary’’ means the (D) improved hydrologic models and other de- (B) to coordinate water data collection activi- Secretary of the Interior. cision support systems; and ties. (B) EXCEPTIONS.—The term ‘‘Secretary’’ (E) groundwater and surface water storage (3) ASSESSMENT PROGRAM.—The term ‘‘assess- means— needs; and ment program’’ means the water availability (i) in the case of sections 9503, 9504, and 9509, (5) in consultation with the Director, the Ad- and use assessment program established by the the Secretary of the Interior (acting through the ministrator, the Secretary of Agriculture (acting Secretary under section 9508(a). Commissioner); and through the Chief of the Natural Resources (4) CLIMATE DIVISION.—The term ‘‘climate di- (ii) in the case of sections 9507 and 9508, the Conservation Service), and applicable State vision’’ means 1 of the 359 divisions in the Secretary of the Interior (acting through the Di- water resource agencies, develop a monitoring United States that represents 2 or more regions rector). plan to acquire and maintain water resources located within a State that are as climatically (17) SERVICE AREA.—The term ‘‘service area’’ data— homogeneous as possible, as determined by the means any area that encompasses a watershed (A) to strengthen the understanding of water Administrator. that contains a federally authorized reclamation supply trends; and (5) COMMISSIONER.—The term ‘‘Commissioner’’ project that is located in any State or area de- (B) to assist in each assessment and analysis means the Commissioner of Reclamation. scribed in the first section of the Act of June 17, conducted by the Secretary under paragraphs (6) DIRECTOR.—The term ‘‘Director’’ means 1902 (43 U.S.C. 391). (2) and (3). the Director of the United States Geological Sur- SEC. 9503. RECLAMATION CLIMATE CHANGE AND (c) REPORTING.—Not later than 2 years after vey. WATER PROGRAM. the date of enactment of this Act, and every 5 (7) ELIGIBLE APPLICANT.—The term ‘‘eligible (a) IN GENERAL.—The Secretary shall estab- years thereafter, the Secretary shall submit to applicant’’ means any State, Indian tribe, irri- lish a climate change adaptation program— the appropriate committees of Congress a report gation district, water district, or other organiza- (1) to coordinate with the Administrator and that describes— tion with water or power delivery authority. other appropriate agencies to assess each effect (1) each effect of, and risk resulting from, (8) FEDERAL POWER MARKETING ADMINISTRA- of, and risk resulting from, global climate global climate change with respect to the quan- TION.—The term ‘‘Federal Power Marketing Ad- change with respect to the quantity of water re- tity of water resources located in each major ministration’’ means— sources located in a service area; and reclamation river basin;

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(2) the impact of global climate change with 1973 (16 U.S.C. 1531 et seq.) (or candidate species (iii) MAXIMUM AMOUNT.—The amount pro- respect to the operations of the Secretary in that are being considered by those agencies for vided to an eligible applicant through a grant or each major reclamation river basin; such listing but are not yet the subject of a pro- other agreement under paragraph (1) shall be (3) each mitigation and adaptation strategy posed rule); not more than $5,000,000. considered and implemented by the Secretary to (G) to accelerate the recovery of threatened (iv) OPERATION AND MAINTENANCE COSTS.— address each effect of global climate change de- species, endangered species, and designated crit- The non-Federal share of the cost of operating scribed in paragraph (1); ical habitats that are adversely affected by Fed- and maintaining any infrastructure improve- (4) each coordination activity conducted by eral reclamation projects or are subject to a re- ment that is the subject of a grant or other the Secretary with— covery plan or conservation plan under the En- agreement entered into between the Secretary (A) the Director; dangered Species Act of 1973 (16 U.S.C. 1531 et and an eligible applicant under paragraph (1) (B) the Administrator; seq.) under which the Commissioner of Reclama- shall be 100 percent. (C) the Secretary of Agriculture (acting tion has implementation responsibilities; or (F) LIABILITY.— through the Chief of the Natural Resources (H) to carry out any other activity— (i) IN GENERAL.—Except as provided under Conservation Service); or (i) to address any climate-related impact to chapter 171 of title 28, United States Code (com- (D) any appropriate State water resource the water supply of the United States that in- monly known as the ‘‘Federal Tort Claims agency; and creases ecological resiliency to the impacts of Act’’), the United States shall not be liable for (5) the implementation by the Secretary of the climate change; or monetary damages of any kind for any injury monitoring plan developed under subsection (ii) to prevent any water-related crisis or con- arising out of an act, omission, or occurrence (b)(5). flict at any watershed that has a nexus to a that arises in relation to any facility created or (d) FEASIBILITY STUDIES.— Federal reclamation project located in a service improved under this section, the title of which is (1) AUTHORITY OF SECRETARY.—The Secretary, area. not held by the United States. in cooperation with any non-Federal partici- (2) APPLICATION.—To be eligible to receive a (ii) TORT CLAIMS ACT.—Nothing in this section pant, may conduct 1 or more studies to deter- grant, or enter into an agreement with the Sec- increases the liability of the United States be- mine the feasibility and impact on ecological re- retary under paragraph (1), an eligible appli- yond that provided in chapter 171 of title 28, siliency of implementing each mitigation and cant shall— United States Code (commonly known as the adaptation strategy described in subsection (A) be located within the States and areas re- ‘‘Federal Tort Claims Act’’). (c)(3), including the construction of any water ferred to in the first section of the Act of June (b) RESEARCH AGREEMENTS.— supply, water management, environmental, or 17, 1902 (43 U.S.C. 391); and (1) AUTHORITY OF SECRETARY.—The Secretary habitat enhancement water infrastructure that (B) submit to the Secretary an application may enter into 1 or more agreements with any the Secretary determines to be necessary to ad- that includes a proposal of the improvement or university, nonprofit research institution, or or- dress the effects of global climate change on activity to be planned, designed, constructed, or ganization with water or power delivery author- water resources located in each major reclama- implemented by the eligible applicant. ity to fund any research activity that is de- tion river basin. (3) REQUIREMENTS OF GRANTS AND COOPERA- signed— (2) COST SHARING.— TIVE AGREEMENTS.— (A) to conserve water resources; (A) FEDERAL SHARE.— (A) COMPLIANCE WITH REQUIREMENTS.—Each (B) to increase the efficiency of the use of (i) IN GENERAL.—Except as provided in clause grant and agreement entered into by the Sec- water resources; or (ii), the Federal share of the cost of a study de- retary with any eligible applicant under para- (C) to enhance the management of water re- scribed in paragraph (1) shall not exceed 50 per- graph (1) shall be in compliance with each re- sources, including increasing the use of renew- cent of the cost of the study. quirement described in subparagraphs (B) able energy in the management and delivery of (ii) EXCEPTION RELATING TO FINANCIAL HARD- through (F). water. (B) AGRICULTURAL OPERATIONS.—In carrying SHIP.—The Secretary may increase the Federal (2) TERMS AND CONDITIONS OF SECRETARY.— out paragraph (1), the Secretary shall not pro- share of the cost of a study described in para- (A) IN GENERAL.—An agreement entered into graph (1) to exceed 50 percent of the cost of the vide a grant, or enter into an agreement, for an between the Secretary and any university, insti- study if the Secretary determines that, due to a improvement to conserve irrigation water unless tution, or organization described in paragraph financial hardship, the non-Federal participant the eligible applicant agrees not— (1) shall be subject to such terms and conditions (i) to use any associated water savings to in- of the study is unable to contribute an amount as the Secretary determines to be appropriate. crease the total irrigated acreage of the eligible equal to 50 percent of the cost of the study. (B) AVAILABILITY.—The agreements under applicant; or (B) NON-FEDERAL SHARE.—The non-Federal this subsection shall be available to all Reclama- (ii) to otherwise increase the consumptive use share of the cost of a study described in para- tion projects and programs that may benefit of water in the operation of the eligible appli- graph (1) may be provided in the form of any in- from project-specific or programmatic coopera- cant, as determined pursuant to the law of the kind services that substantially contribute to- tive research and development. State in which the operation of the eligible ap- ward the completion of the study, as determined (c) MUTUAL BENEFIT.—Grants or other agree- plicant is located. by the Secretary. ments made under this section may be for the (C) NONREIMBURSABLE FUNDS.—Any funds (e) NO EFFECT ON EXISTING AUTHORITY.— mutual benefit of the United States and the en- provided by the Secretary to an eligible appli- Nothing in this section amends or otherwise af- tity that is provided the grant or enters into the cant through a grant or agreement under para- fects any existing authority under reclamation cooperative agreement. graph (1) shall be nonreimbursable. laws that govern the operation of any Federal (d) RELATIONSHIP TO PROJECT-SPECIFIC AU- (D) TITLE TO IMPROVEMENTS.—If an infra- THORITY.—This section shall not supersede any reclamation project. structure improvement to a federally owned fa- (f) AUTHORIZATION OF APPROPRIATIONS.— existing project-specific funding authority. cility is the subject of a grant or other agree- There are authorized to be appropriated such (e) AUTHORIZATION OF APPROPRIATIONS.— ment entered into between the Secretary and an sums as are necessary to carry out this section There is authorized to be appropriated to carry eligible applicant under paragraph (1), the Fed- for each of fiscal years 2009 through 2023, to re- out this section $200,000,000, to remain available eral Government shall continue to hold title to main available until expended. until expended. the facility and improvements to the facility. SEC. 9504. WATER MANAGEMENT IMPROVEMENT. (E) COST SHARING.— SEC. 9505. HYDROELECTRIC POWER ASSESSMENT. (a) AUTHORIZATION OF GRANTS AND COOPERA- (i) FEDERAL SHARE.—The Federal share of the (a) DUTY OF SECRETARY OF ENERGY.—The TIVE AGREEMENTS.— cost of any infrastructure improvement or activ- Secretary of Energy, in consultation with the (1) AUTHORITY OF SECRETARY.—The Secretary ity that is the subject of a grant or other agree- Administrator of each Federal Power Marketing may provide any grant to, or enter into an ment entered into between the Secretary and an Administration, shall assess each effect of, and agreement with, any eligible applicant to assist eligible applicant under paragraph (1) shall not risk resulting from, global climate change with the eligible applicant in planning, designing, or exceed 50 percent of the cost of the infrastruc- respect to water supplies that are required for constructing any improvement— ture improvement or activity. the generation of hydroelectric power at each (A) to conserve water; (ii) CALCULATION OF NON-FEDERAL SHARE.—In Federal water project that is applicable to a (B) to increase water use efficiency; calculating the non-Federal share of the cost of Federal Power Marketing Administration. (C) to facilitate water markets; an infrastructure improvement or activity pro- (b) ACCESS TO APPROPRIATE DATA.— (D) to enhance water management, including posed by an eligible applicant through an appli- (1) IN GENERAL.—In carrying out each assess- increasing the use of renewable energy in the cation submitted by the eligible applicant under ment under subsection (a), the Secretary of En- management and delivery of water; paragraph (2), the Secretary shall— ergy shall consult with the United States Geo- (E) to accelerate the adoption and use of ad- (I) consider the value of any in-kind services logical Survey, the National Oceanic and At- vanced water treatment technologies to increase that substantially contributes toward the com- mospheric Administration, the program, and water supply; pletion of the improvement or activity, as deter- each appropriate State water resource agency, (F) to prevent the decline of species that the mined by the Secretary; and to ensure that the Secretary of Energy has ac- United States Fish and Wildlife Service and Na- (II) not consider any other amount that the cess to the best available scientific information tional Marine Fisheries Service have proposed eligible applicant receives from a Federal agen- with respect to presently observed impacts and for listing under the Endangered Species Act of cy. projected future impacts of global climate

VerDate Mar 15 2010 12:18 Aug 01, 2011 Jkt 079102 PO 00000 Frm 00109 Fmt 0688 Sfmt 6333 E:\BR09\H25MR9.004 H25MR9 erowe on DSK5CLS3C1PROD with BOUND RECORD 8692 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 7 March 25, 2009 change on water supplies that are used to (8) the Secretary of Energy. the results of the demonstration, research, or produce hydroelectric power. (c) REVIEW ELEMENTS.—In conducting the re- methodology development project conducted by (2) ACCESS TO DATA FOR CERTAIN ASSESS- view and developing the strategy under sub- the appropriate entity. MENTS.—In carrying out each assessment under section (a), the panel shall consult with State (f) AUTHORIZATION OF APPROPRIATIONS.— subsection (a), with respect to the Bonneville water resource agencies, the Advisory Com- (1) IN GENERAL.—There is authorized to be ap- Power Administration and the Western Area mittee, drinking water utilities, water research propriated to carry out subsections (a) through Power Administration, the Secretary of Energy organizations, and relevant water user, environ- (d) $2,000,000 for each of fiscal years 2009 shall consult with the Commissioner to access mental, and other nongovernmental organiza- through 2011, to remain available until ex- data and other information that— tions— pended. (A) is collected by the Commissioner; and (1) to assess the extent to which the conduct (2) DEMONSTRATION, RESEARCH, AND METHOD- (B) the Secretary of Energy determines to be of measures of streamflow, groundwater levels, OLOGY DEVELOPMENT PROJECTS.—There is au- necessary for the conduct of the assessment. soil moisture, evapotranspiration rates, evapo- thorized to be appropriated to carry out sub- (c) REPORT.—Not later than 2 years after the ration rates, snowpack levels, precipitation section (e) $10,000,000 for the period of fiscal date of enactment of this Act, and every 5 years amounts, flood risk, and glacier mass is nec- years 2009 through 2013, to remain available thereafter, the Secretary of Energy shall submit essary to improve the understanding of the Fed- until expended. to the appropriate committees of Congress a re- eral Government and the States with respect to SEC. 9507. WATER DATA ENHANCEMENT BY port that describes— each impact of global climate change on water UNITED STATES GEOLOGICAL SUR- (1) each effect of, and risk resulting from, resources; VEY. global climate change with respect to— (2) to identify data gaps in current water (a) NATIONAL STREAMFLOW INFORMATION (A) water supplies used for hydroelectric monitoring networks that must be addressed to PROGRAM.— power generation; and improve the capability of the Federal Govern- (1) IN GENERAL.—The Secretary, in consulta- (B) power supplies marketed by each Federal ment and the States to measure, analyze, and tion with the Advisory Committee and the Panel Power Marketing Administration, pursuant to— predict changes to the quality and quantity of and consistent with this section, shall proceed (i) long-term power contracts; water resources, including flood risks, that are with implementation of the national streamflow (ii) contingent capacity contracts; and directly or indirectly affected by global climate information program, as reviewed by the Na- (iii) short-term sales; and change; tional Research Council in 2004. (2) each recommendation of the Administrator (3) to establish data management and commu- (2) REQUIREMENTS.—In conducting the na- of each Federal Power Marketing Administra- nication protocols and standards to increase the tional streamflow information program, the Sec- tion relating to any change in any operation or quality and efficiency by which each Federal retary shall— contracting practice of each Federal Power agency acquires and reports relevant data; (A) measure streamflow and related environ- Marketing Administration to address each effect (4) to consider options for the establishment of mental variables in nationally significant water- and risk described in paragraph (1), including a data portal to enhance access to water re- sheds— the use of purchased power to meet long-term source data— (i) in a reliable and continuous manner; and commitments of each Federal Power Marketing (A) relating to each nationally significant (ii) to develop a comprehensive source of in- Administration. freshwater watershed and aquifer located in the formation on which public and private decisions (d) AUTHORITY.—The Secretary of Energy United States; and relating to the management of water resources may enter into contracts, grants, or other agree- (B) that is collected by each Federal agency may be based; ments with appropriate entities to carry out this and any other public or private entity for each (B) provide for a better understanding of hy- section. nationally significant freshwater watershed and drologic extremes (including floods and (e) COSTS.— aquifer located in the United States; droughts) through the conduct of intensive data (1) NONREIMBURSABLE.—Any costs incurred by (5) to facilitate the development of hydrologic collection activities during and following hydro- the Secretary of Energy in carrying out this sec- and other models to integrate data that reflects logic extremes; tion shall be nonreimbursable. (C) establish a base network that provides re- groundwater and surface water interactions; (2) PMA COSTS.—Each Federal Power Mar- sources that are necessary for— and keting Administration shall incur costs in car- (i) the monitoring of long-term changes in (6) to apply the hydrologic and other models rying out this section only to the extent that ap- streamflow; and developed under paragraph (5) to water resource propriated funds are provided by the Secretary (ii) the conduct of assessments to determine management problems identified by the panel, of Energy for that purpose. the extent to which each long-term change mon- including the need to maintain or improve eco- (f) AUTHORIZATION OF APPROPRIATIONS.— itored under clause (i) is related to global cli- logical resiliency at watershed and aquifer sys- There are authorized to be appropriated such mate change; sums as are necessary to carry out this section tem scales. (D) integrate the national streamflow infor- EPORT.—Not later than 2 years after the for each of fiscal years 2009 through 2023, to re- (d) R mation program with data collection activities of date of enactment of this Act, the Secretary main available until expended. Federal agencies and appropriate State water shall submit to the appropriate committees of resource agencies (including the National Inte- SEC. 9506. CLIMATE CHANGE AND WATER Congress a report that describes the review con- INTRAGOVERNMENTAL PANEL. grated Drought Information System)— ducted, and the strategy developed, by the panel (a) ESTABLISHMENT.—The Secretary and the (i) to enhance the comprehensive under- under subsection (a). Administrator shall establish and lead a climate standing of water availability; (e) DEMONSTRATION, RESEARCH, AND METHOD- change and water intragovernmental panel— (ii) to improve flood-hazard assessments; (1) to review the current scientific under- OLOGY DEVELOPMENT PROJECTS.— (iii) to identify any data gap with respect to standing of each impact of global climate (1) AUTHORITY OF SECRETARY.—The Secretary, water resources; and change on the quantity and quality of fresh- in consultation with the panel and the Advisory (iv) to improve hydrologic forecasting; and water resources of the United States; and Committee, may provide grants to, or enter into (E) incorporate principles of adaptive manage- (2) to develop any strategy that the panel de- any contract, cooperative agreement, inter- ment in the conduct of periodic reviews of infor- termines to be necessary to improve observa- agency agreement, or other transaction with, an mation collected under the national streamflow tional capabilities, expand data acquisition, or appropriate entity to carry out any demonstra- information program to assess whether the ob- take other actions— tion, research, or methodology development jectives of the national streamflow information (A) to increase the reliability and accuracy of project that the Secretary determines to be nec- program are being adequately addressed. modeling and prediction systems to benefit essary to assist in the implementation of the (3) IMPROVED METHODOLOGIES.—The Sec- water managers at the Federal, State, and local strategy developed by the panel under sub- retary shall— levels; and section (a)(2). (A) improve methodologies relating to the (B) to increase the understanding of the im- (2) REQUIREMENTS.— analysis and delivery of data; and pacts of climate change on aquatic ecosystems. (A) MAXIMUM AMOUNT OF FEDERAL SHARE.— (B) investigate, develop, and implement new (b) MEMBERSHIP.—The panel shall be com- The Federal share of the cost of any demonstra- methodologies and technologies to estimate or prised of— tion, research, or methodology development measure streamflow in a more cost-efficient (1) the Secretary; project that is the subject of any grant, con- manner. (2) the Director; tract, cooperative agreement, interagency agree- (4) NETWORK ENHANCEMENT.— (3) the Administrator; ment, or other transaction entered into between (A) IN GENERAL.—Not later than 10 years after (4) the Secretary of Agriculture (acting the Secretary and an appropriate entity under the date of enactment of this Act, in accordance through the Under Secretary for Natural Re- paragraph (1) shall not exceed $1,000,000. with subparagraph (B), the Secretary shall— sources and Environment); (B) REPORT.—An appropriate entity that re- (i) increase the number of streamgages funded (5) the Commissioner; ceives funds from a grant, contract, cooperative by the national streamflow information program (6) the Secretary of the Army, acting through agreement, interagency agreement, or other to a quantity of not less than 4,700 sites; and the Chief of Engineers; transaction entered into between the Secretary (ii) ensure all streamgages are flood-hardened (7) the Administrator of the Environmental and the appropriate entity under paragraph (1) and equipped with water-quality sensors and Protection Agency; and shall submit to the Secretary a report describing modernized telemetry.

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(B) REQUIREMENTS OF SITES.—Each site de- give priority to those activities for which a State among Federal agencies, academic institutions, scribed in subparagraph (A) shall conform with or local governmental entity agrees to provide and private entities to promote the objectives de- the National Streamflow Information Program for a substantial share of the cost of estab- scribed in paragraph (1). plan as reviewed by the National Research lishing or operating a monitoring well or other (4) AUTHORIZATION OF APPROPRIATIONS.— Council. measuring device to carry out a monitoring ac- There is authorized to be appropriated to carry (5) FEDERAL SHARE.—The Federal share of the tivity. out this subsection $5,000,000 for each of fiscal national streamgaging network established pur- (7) AUTHORIZATION OF APPROPRIATIONS.— years 2009 through 2019. suant to this subsection shall be 100 percent of There are authorized to be appropriated such SEC. 9508. NATIONAL WATER AVAILABILITY AND the cost of carrying out the national sums as are necessary to carry out this sub- USE ASSESSMENT PROGRAM. streamgaging network. section for the period of fiscal years 2009 (a) ESTABLISHMENT.—The Secretary, in co- (6) AUTHORIZATION OF APPROPRIATIONS.— through 2023, to remain available until ex- ordination with the Advisory Committee and (A) IN GENERAL.—Except as provided in sub- pended. State and local water resource agencies, shall paragraph (B), there are authorized to be ap- (c) BRACKISH GROUNDWATER ASSESSMENT.— establish a national assessment program to be propriated such sums as are necessary to oper- (1) STUDY.—The Secretary, in consultation known as the ‘‘national water availability and ate the national streamflow information pro- with State and local water resource agencies, use assessment program’’— gram for the period of fiscal years 2009 through shall conduct a study of available data and (1) to provide a more accurate assessment of 2023, to remain available until expended. other relevant information— the status of the water resources of the United (B) NETWORK ENHANCEMENT FUNDING.—There (A) to identify significant brackish ground- States; is authorized to be appropriated to carry out the water resources located in the United States; (2) to assist in the determination of the quan- network enhancements described in paragraph and tity of water that is available for beneficial uses; (4) $10,000,000 for each of fiscal years 2009 (B) to consolidate any available data relating (3) to assist in the determination of the qual- through 2019, to remain available until ex- to each groundwater resource identified under ity of the water resources of the United States; pended. subparagraph (A). (4) to identify long-term trends in water avail- (b) NATIONAL GROUNDWATER RESOURCES MON- (2) REPORT.—Not later than 2 years after the ability; ITORING.— date of enactment of this Act, the Secretary (5) to use each long-term trend described in (1) IN GENERAL.—The Secretary shall develop shall submit to the appropriate committees of paragraph (4) to provide a more accurate assess- a systematic groundwater monitoring program Congress a report that includes— ment of the change in the availability of water for each major aquifer system located in the (A) a description of each— in the United States; and United States. (i) significant brackish aquifer that is located (6) to develop the basis for an improved ability (2) PROGRAM ELEMENTS.—In developing the in the United States (including 1 or more maps to forecast the availability of water for future monitoring program described in paragraph (1), of each significant brackish aquifer that is lo- economic, energy production, and environ- the Secretary shall— cated in the United States); mental uses. (A) establish appropriate criteria for moni- (ii) data gap that is required to be addressed (b) PROGRAM ELEMENTS.— toring wells to ensure the acquisition of long- to fully characterize each brackish aquifer de- (1) WATER USE.—In carrying out the assess- term, high-quality data sets, including, to the scribed in clause (i); and ment program, the Secretary shall conduct any maximum extent possible, the inclusion of real- (iii) current use of brackish groundwater that appropriate activity to carry out an ongoing as- time instrumentation and reporting; is supplied by each brackish aquifer described in sessment of water use in hydrologic accounting (B) in coordination with the Advisory Com- clause (i); and units and major aquifer systems located in the mittee and State and local water resource agen- (B) a summary of the information available as United States, including— cies— of the date of enactment of this Act with respect (A) the maintenance of a comprehensive na- (i) assess the current scope of groundwater to each brackish aquifer described in subpara- tional water use inventory to enhance the level monitoring based on the access availability and graph (A)(i) (including the known level of total of understanding with respect to the effects of capability of each monitoring well in existence dissolved solids in each brackish aquifer). spatial and temporal patterns of water use on the availability and sustainable use of water re- as of the date of enactment of this Act; and (3) AUTHORIZATION OF APPROPRIATIONS.— (ii) develop and carry out a monitoring plan There is authorized to be appropriated to carry sources; (B) the incorporation of water use science that maximizes coverage for each major aquifer out this subsection $3,000,000 for the period of principles, with an emphasis on applied re- system that is located in the United States; and fiscal years 2009 through 2011, to remain avail- search and statistical estimation techniques in (C) prior to initiating any specific monitoring able until expended. the assessment of water use; activities within a State after the date of enact- (d) IMPROVED WATER ESTIMATION, MEASURE- (C) the integration of any dataset maintained ment of this Act, consult and coordinate with MENT, AND MONITORING TECHNOLOGIES.— by any other Federal or State agency into the the applicable State water resource agency with (1) AUTHORITY OF SECRETARY.—The Secretary dataset maintained by the Secretary; and jurisdiction over the aquifer that is the subject may provide grants on a nonreimbursable basis (D) a focus on the scientific integration of any of the monitoring activities, and comply with all to appropriate entities with expertise in water data relating to water use, water flow, or water applicable laws (including regulations) of the resource data acquisition and reporting, includ- quality to generate relevant information relating State. ing Federal agencies, the Water Resources Re- to the impact of human activity on water and (3) PROGRAM OBJECTIVES.—In carrying out the search Institutes and other academic institu- ecological resources. monitoring program described in paragraph (1), tions, and private entities, to— (2) WATER AVAILABILITY.—In carrying out the the Secretary shall— (A) investigate, develop, and implement new assessment program, the Secretary shall conduct (A) provide data that is necessary for the im- methodologies and technologies to estimate or an ongoing assessment of water availability provement of understanding with respect to sur- measure water resources data in a cost-efficient by— face water and groundwater interactions; manner; and (A) developing and evaluating nationally con- (B) by expanding the network of monitoring (B) improve methodologies relating to the sistent indicators that reflect each status and wells to reach each climate division, support the analysis and delivery of data. trend relating to the availability of water re- groundwater climate response network to im- (2) PRIORITY.—In providing grants to appro- sources in the United States, including— prove the understanding of the effects of global priate entities under paragraph (1), the Sec- (i) surface water indicators, such as climate change on groundwater recharge and retary shall give priority to appropriate entities streamflow and surface water storage measures availability; and that propose the development of new methods (including lakes, reservoirs, perennial (C) support the objectives of the assessment and technologies for— snowfields, and glaciers); program. (A) predicting and measuring streamflows; (ii) groundwater indicators, including ground- (4) IMPROVED METHODOLOGIES.—The Sec- (B) estimating changes in the storage of water level measurements and changes in retary shall— groundwater; groundwater levels due to— (A) improve methodologies relating to the (C) improving data standards and methods of (I) natural recharge; analysis and delivery of data; and analysis (including the validation of data en- (II) withdrawals; (B) investigate, develop, and implement new tered into geographic information system data- (III) saltwater intrusion; methodologies and technologies to estimate or bases); (IV) mine dewatering; measure groundwater recharge, discharge, and (D) measuring precipitation and potential (V) land drainage; storage in a more cost-efficient manner. evapotranspiration; and (VI) artificial recharge; and (5) FEDERAL SHARE.—The Federal share of the (E) water withdrawals, return flows, and con- (VII) other relevant factors, as determined by monitoring program described in paragraph (1) sumptive use. the Secretary; and may be 100 percent of the cost of carrying out (3) PARTNERSHIPS.—In recognition of the (iii) impaired surface water and groundwater the monitoring program. value of collaboration to foster innovation and supplies that are known, accessible, and used to (6) PRIORITY.—In selecting monitoring activi- enhance research and development efforts, the meet ongoing water demands; ties consistent with the monitoring program de- Secretary shall encourage partnerships, includ- (B) maintaining a national database of water scribed in paragraph (1), the Secretary shall ing public-private partnerships, between and availability data that—

VerDate Mar 15 2010 12:18 Aug 01, 2011 Jkt 079102 PO 00000 Frm 00111 Fmt 0688 Sfmt 6333 E:\BR09\H25MR9.004 H25MR9 erowe on DSK5CLS3C1PROD with BOUND RECORD 8694 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 7 March 25, 2009 (i) is comprised of maps, reports, and other through 2013, to remain available until ex- erty damage if such project facilities were to forms of interpreted data; pended. fail. (ii) provides electronic access to the archived SEC. 9509. RESEARCH AGREEMENT AUTHORITY. (2) CONDUCT OF INSPECTIONS.—Not later than data of the national database; and The Secretary may enter into contracts, 3 years after the date of enactment of this Act, (iii) provides for real-time data collection; and grants, or cooperative agreements, for periods the Secretary shall conduct inspections of those (C) developing and applying predictive mod- not to exceed 5 years, to carry out research project facilities, which are in proximity to ur- eling tools that integrate groundwater, surface within the Bureau of Reclamation. banized areas and which could pose a risk to water, and ecological systems. SEC. 9510. EFFECT. public safety or property damage if such facili- (c) GRANT PROGRAM.— (a) IN GENERAL.—Nothing in this subtitle su- ties were to fail, using such specific inspection (1) AUTHORITY OF SECRETARY.—The Secretary persedes or limits any existing authority pro- guidelines and criteria developed pursuant to may provide grants to State water resource vided, or responsibility conferred, by any provi- paragraph (1). In selecting project facilities to agencies to assist State water resource agencies sion of law. inspect, the Secretary shall take into account in— (b) EFFECT ON STATE WATER LAW.— the potential magnitude of public safety and (A) developing water use and availability (1) IN GENERAL.—Nothing in this subtitle pre- economic damage posed by each project facility. datasets that are integrated with each appro- empts or affects any— (3) TREATMENT OF COSTS.—The costs incurred priate dataset developed or maintained by the (A) State water law; or by the Secretary in conducting these inspections Secretary; or (B) interstate compact governing water. shall be nonreimbursable. (B) integrating any water use or water avail- (2) COMPLIANCE REQUIRED.—The Secretary (b) USE OF INSPECTION DATA.—The Secretary ability dataset of the State water resource agen- shall comply with applicable State water laws in shall use the data collected through the conduct cy into each appropriate dataset developed or carrying out this subtitle. of the inspections under subsection (a)(2) to— maintained by the Secretary. Subtitle G—Aging Infrastructure (1) provide recommendations to the trans- (2) CRITERIA.—To be eligible to receive a grant ferred works operating entities for improvement under paragraph (1), a State water resource SEC. 9601 DEFINITIONS. of operation and maintenance processes, oper- agency shall demonstrate to the Secretary that In this subtitle: ating procedures including operation guidelines the water use and availability dataset proposed (1) INSPECTION.—The term ‘‘inspection’’ means consistent with existing transfer contracts, and to be established or integrated by the State an inspection of a project facility carried out by structural modifications to those transferred water resource agency— the Secretary— works; (A) is in compliance with each quality and (A) to assess and determine the general condi- (2) determine an appropriate inspection fre- conformity standard established by the Sec- tion of the project facility; and quency for such nondam project facilities which (B) to estimate the value of property, and the retary to ensure that the data will be capable of shall not exceed 6 years; and size of the population, that would be at risk if integration with any national dataset; and (3) provide, upon request of transferred work the project facility fails, is breached, or other- (B) will enhance the ability of the officials of operating entities, local governments, or State wise allows flooding to occur. the State or the State water resource agency to agencies, information regarding potential haz- (2) PROJECT FACILITY.—The term ‘‘project fa- carry out each water management and regu- ards posed by existing or proposed residential, cility’’ means any part or incidental feature of latory responsibility of the officials of the State commercial, industrial or public-use develop- a project, excluding high- and significant-haz- in accordance with each applicable law of the ment adjacent to project facilities. ard dams, constructed under the Federal rec- State. (c) TECHNICAL ASSISTANCE TO TRANSFERRED lamation law (the Act of June 17, 1902 (32 Stat. (3) MAXIMUM AMOUNT.—The amount of a WORKS OPERATING ENTITIES.— 388, chapter 1093), and Acts supplemental to and grant provided to a State water resource agency (1) AUTHORITY OF SECRETARY TO PROVIDE amendatory of that Act (43 U.S.C. 371 et seq.). under paragraph (1) shall be an amount not TECHNICAL ASSISTANCE.—The Secretary is au- (3) RESERVED WORKS.—The term ‘‘reserved more than $250,000. thorized, at the request of a transferred works works’’ mean any project facility at which the (d) REPORT.—Not later than December 31, operating entity in proximity to an urbanized Secretary carries out the operation and mainte- 2012, and every 5 years thereafter, the Secretary area, to provide technical assistance to accom- nance of the project facility. shall submit to the appropriate committees of plish the following, if consistent with existing (4) SECRETARY.—The term ‘‘Secretary’’ means Congress a report that provides a detailed as- transfer contracts: the Secretary of the Interior, acting through the sessment of— (A) Development of documented operating Commissioner of Reclamation. (1) the current availability of water resources procedures for a project facility. (5) TRANSFERRED WORKS.—The term ‘‘trans- in the United States, including— ferred works’’ means a project facility, the oper- (B) Development of documented emergency (A) historic trends and annual updates of ation and maintenance of which is carried out notification and response procedures for a river basin inflows and outflows; by a non-Federal entity, under the provisions of project facility. (B) surface water storage; a formal operation and maintenance transfer (C) Development of facility inspection criteria (C) groundwater reserves; and contract. for a project facility. (D) estimates of undeveloped potential re- (D) Development of a training program on op- (6) TRANSFERRED WORKS OPERATING ENTITY.— sources (including saline and brackish water The term ‘‘transferred works operating entity’’ eration and maintenance requirements and and wastewater); means the organization which is contractually practices for a project facility for a transferred (2) significant trends affecting water avail- responsible for operation and maintenance of works operating entity’s workforce. ability, including each documented or projected transferred works. (E) Development of a public outreach plan on impact to the availability of water as a result of (7) EXTRAORDINARY OPERATION AND MAINTE- the operation and risks associated with a project global climate change; NANCE WORK.—The term ‘‘extraordinary oper- facility. (3) the withdrawal and use of surface water ation and maintenance work’’ means major, (F) Development of any other plans or docu- and groundwater by various sectors, including— nonrecurring maintenance to Reclamation- mentation which, in the judgment of the Sec- (A) the agricultural sector; owned or operated facilities, or facility compo- retary, will contribute to public safety and the (B) municipalities; nents, that is— sage operation of a project facility. (C) the industrial sector; (A) intended to ensure the continued safe, de- (2) COSTS.—The Secretary is authorized to (D) thermoelectric power generators; and pendable, and reliable delivery of authorized provide, on a non-reimbursable basis, up to 50 (E) hydroelectric power generators; project benefits; and percent of the cost of such technical assistance, (4) significant trends relating to each water (B) greater than 10 percent of the contractor’s with the balance of such costs being advanced use sector, including significant changes in or the transferred works operating entity’s an- by the transferred works operating entity or water use due to the development of new energy nual operation and maintenance budget for the other non-Federal source. The non-Federal 50 supplies; facility, or greater than $100,000. percent minimum cost share for such technical (5) significant water use conflicts or shortages assistance may be in the form of in-lieu con- SEC. 9602. GUIDELINES AND INSPECTION OF that have occurred or are occurring; and PROJECT FACILITIES AND TECH- tributions of resources by the transferred works (6) each factor that has caused, or is causing, NICAL ASSISTANCE TO TRANS- operating entity or other non-Federal source. a conflict or shortage described in paragraph FERRED WORKS OPERATING ENTI- SEC. 9603. EXTRAORDINARY OPERATION AND (5). TIES. MAINTENANCE WORK PERFORMED (e) AUTHORIZATION OF APPROPRIATIONS.— (a) GUIDELINES AND INSPECTIONS.— BY THE SECRETARY. (1) IN GENERAL.—There is authorized to be ap- (1) DEVELOPMENT OF GUIDELINES.—Not later (a) IN GENERAL.—The Secretary or the trans- propriated to carry out subsections (a), (b), and than 1 year after the date of enactment of this ferred works operating entity may carry out, in (d) $20,000,000 for each of fiscal years 2009 Act, the Secretary in consultation with trans- accordance with subsection (b) and consistent through 2023, to remain available until ex- ferred works operating entities shall develop, with existing transfer contracts, any extraor- pended. consistent with existing transfer contracts, spe- dinary operation and maintenance work on a (2) GRANT PROGRAM.—There is authorized to cific inspection guidelines for project facilities project facility that the Secretary determines to be appropriated to carry out subsection (c) which are in proximity to urbanized areas and be reasonably required to preserve the structural $12,500,000 for the period of fiscal years 2009 which could pose a risk to public safety or prop- safety of the project facility.

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(b) REIMBURSEMENT OF COSTS ARISING FROM TITLE X—WATER SETTLEMENTS (1) AGREEMENTS WITH THE STATE.—In order to EXTRAORDINARY OPERATION AND MAINTENANCE Subtitle A—San Joaquin River Restoration facilitate or expedite implementation of the Set- WORK.— Settlement tlement, the Secretary is authorized and di- (1) TREATMENT OF COSTS.—For reserved rected to enter into appropriate agreements, in- PART I—SAN JOAQUIN RIVER works, costs incurred by the Secretary in con- cluding cost-sharing agreements, with the State RESTORATION SETTLEMENT ACT ducting extraordinary operation and mainte- of California. nance work will be allocated to the authorized SEC. 10001. SHORT TITLE. (2) OTHER AGREEMENTS.—The Secretary is au- reimbursable purposes of the project and shall This part may be cited as the ‘‘San Joaquin thorized to enter into contracts, memoranda of be repaid within 50 years, with interest, from River Restoration Settlement Act’’. understanding, financial assistance agreements, the year in which work undertaken pursuant to SEC. 10002. PURPOSE. cost sharing agreements, and other appropriate this subtitle is substantially complete. The purpose of this part is to authorize imple- agreements with State, tribal, and local govern- (2) AUTHORITY OF SECRETARY.—For trans- mentation of the Settlement. mental agencies, and with private parties, in- ferred works, the Secretary is authorized to ad- SEC. 10003. DEFINITIONS. cluding agreements related to construction, im- vance the costs incurred by the transferred In this part: provement, and operation and maintenance of works operating entity in conducting extraor- (1) The terms ‘‘Friant Division long-term con- facilities, subject to any terms and conditions dinary operation and maintenance work and tractors’’, ‘‘Interim Flows’’, ‘‘Restoration that the Secretary deems necessary to achieve negotiate appropriate 50-year repayment con- Flows’’, ‘‘Recovered Water Account’’, ‘‘Restora- the purposes of the Settlement. tracts with project beneficiaries providing for tion Goal’’, and ‘‘Water Management Goal’’ (c) ACCEPTANCE AND EXPENDITURE OF NON- the return of reimbursable costs, with interest, have the meanings given the terms in the Settle- FEDERAL FUNDS.—The Secretary is authorized under this subsection: Provided, however, That ment. to accept and expend non-Federal funds in no contract entered into pursuant to this sub- (2) The term ‘‘Secretary’’ means the Secretary order to facilitate implementation of the Settle- title shall be deemed to be a new or amended of the Interior. ment. contract for the purposes of section 203(a) of the (3) The term ‘‘Settlement’’ means the Stipula- (d) MITIGATION OF IMPACTS.—Prior to the im- Reclamation Reform Act of 1982 (43 U.S.C. tion of Settlement dated September 13, 2006, in plementation of decisions or agreements to con- 390cc(a)). the litigation entitled Natural Resources De- struct, improve, operate, or maintain facilities (3) DETERMINATION OF INTEREST RATE.—The fense Council, et al. v. Kirk Rodgers, et al., that the Secretary determines are needed to im- interest rate used for computing interest on United States District Court, Eastern District of plement the Settlement, the Secretary shall iden- work in progress and interest on the unpaid bal- California, No. CIV. S–88–1658–LKK/GGH. tify— (1) the impacts associated with such actions; ance of the reimbursable costs of extraordinary SEC. 10004. IMPLEMENTATION OF SETTLEMENT. and operation and maintenance work authorized by (a) IN GENERAL.—The Secretary of the Inte- (2) the measures which shall be implemented this subtitle shall be determined by the Sec- rior is hereby authorized and directed to imple- to mitigate impacts on adjacent and downstream retary of the Treasury, as of the beginning of ment the terms and conditions of the Settlement water users and landowners. the fiscal year in which extraordinary operation in cooperation with the State of California, in- (e) DESIGN AND ENGINEERING STUDIES.—The and maintenance work is commenced, on the cluding the following measures as these meas- basis of average market yields on outstanding Secretary is authorized to conduct any design or ures are prescribed in the Settlement: engineering studies that are necessary to imple- marketable obligations of the United States with (1) Design and construct channel and struc- ment the Settlement. the remaining periods of maturity comparable to tural improvements as described in paragraph 11 (f) EFFECT ON CONTRACT WATER ALLOCA- the applicable reimbursement period of the of the Settlement, provided, however, that the 1 TIONS.—Except as otherwise provided in this project, adjusted to the nearest ⁄8 of 1 percent Secretary shall not make or fund any such im- on the unamortized balance of any portion of section, the implementation of the Settlement provements to facilities or property of the State and the reintroduction of California Central the loan. of California without the approval of the State (c) EMERGENCY EXTRAORDINARY OPERATION Valley Spring Run Chinook salmon pursuant to of California and the State’s agreement in 1 or the Settlement and section 10011, shall not result AND MAINTENANCE WORK.— more memoranda of understanding to partici- (1) IN GENERAL.—The Secretary or the trans- in the involuntary reduction in contract water pate where appropriate. allocations to Central Valley Project long-term ferred works operating entity shall carry out (2) Modify Friant Dam operations so as to any emergency extraordinary operation and contractors, other than Friant Division long- provide Restoration Flows and Interim Flows. term contractors. maintenance work on a project facility that the (3) Acquire water, water rights, or options to Secretary determines to be necessary to minimize (g) EFFECT ON EXISTING WATER CONTRACTS.— acquire water as described in paragraph 13 of Except as provided in the Settlement and this the risk of imminent harm to public health or the Settlement, provided, however, such acquisi- safety, or property. part, nothing in this part shall modify or amend tions shall only be made from willing sellers and the rights and obligations of the parties to any (2) REIMBURSEMENT.—The Secretary may ad- not through eminent domain. vance funds for emergency extraordinary oper- existing water service, repayment, purchase, or (4) Implement the terms and conditions of exchange contract. ation and maintenance work and shall seek re- paragraph 16 of the Settlement related to recir- imbursement from the transferred works oper- (h) INTERIM FLOWS.— culation, recapture, reuse, exchange, or transfer (1) STUDY REQUIRED.—Prior to releasing any ating entity or benefitting entity upon receiving of water released for Restoration Flows or In- a written assurance from the governing body of Interim Flows under the Settlement, the Sec- terim Flows, for the purpose of accomplishing retary shall prepare an analysis in compliance such entity that it will negotiate a contract pur- the Water Management Goal of the Settlement, suant to section 9603 for repayment of costs in- with the National Environmental Policy Act of subject to— 1969 (42 U.S.C. 4321 et seq.), including at a min- curred by the Secretary in undertaking such (A) applicable provisions of California water work. imum— law; (A) an analysis of channel conveyance capac- (3) FUNDING.—If the Secretary determines that (B) the Secretary’s use of Central Valley a project facility inspected and maintained pur- ities and potential for levee or groundwater Project facilities to make Project water (other seepage; suant to the guidelines and criteria set forth in than water released from Friant Dam pursuant section 9602(a) requires extraordinary operation (B) a description of the associated seepage to the Settlement) and water acquired through monitoring program; and maintenance pursuant to paragraph (1), transfers available to existing south-of-Delta the Secretary may provide Federal funds on a (C) an evaluation of— Central Valley Project contractors; and (i) possible impacts associated with the release nonreimbursable basis sufficient to cover 35 per- (C) the Secretary’s performance of the Agree- of Interim Flows; and cent of the cost of the extraordinary operation ment of November 24, 1986, between the United (ii) mitigation measures for those impacts that and maintenance allocable to the transferred States of America and the Department of Water are determined to be significant; works operating entity, which is needed to mini- Resources of the State of California for the co- (D) a description of the associated flow moni- mize the risk of imminent harm. The remaining ordinated operation of the Central Valley toring program; and share of the Federal funds advanced by the Sec- Project and the State Water Project as author- (E) an analysis of the likely Federal costs, if retary for such work shall be repaid under sub- ized by Congress in section 2(d) of the Act of any, of any fish screens, fish bypass facilities, section (b). August 26, 1937 (50 Stat. 850, 100 Stat. 3051), in- fish salvage facilities, and related operations on SEC. 9604. RELATIONSHIP TO TWENTY-FIRST CEN- cluding any agreement to resolve conflicts aris- the San Joaquin River south of the confluence TURY WATER WORKS ACT. ing from said Agreement. with the Merced River required under the En- Nothing in this subtitle shall preclude a trans- (5) Develop and implement the Recovered dangered Species Act of 1973 (16 U.S.C. 1531 et ferred works operating entity from applying and Water Account as specified in paragraph 16(b) seq.) as a result of the Interim Flows. receiving a loan-guarantee pursuant to the of the Settlement, including the pricing and (2) CONDITIONS FOR RELEASE.—The Secretary Twenty-First Century Water Works Act (43 payment crediting provisions described in para- is authorized to release Interim Flows to the ex- U.S.C. 2401 et seq.). graph 16(b)(3) of the Settlement, provided that tent that such flows would not— SEC. 9605. AUTHORIZATION OF APPROPRIATIONS. all other provisions of Federal reclamation law (A) impede or delay completion of the meas- There are authorized to be appropriated such shall remain applicable. ures specified in Paragraph 11(a) of the Settle- sums as are necessary to carry out this subtitle. (b) AGREEMENTS.— ment; or

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States on account of such modifications or im- cies, or Indian tribes to effectively participate in (3) SEEPAGE IMPACTS.—The Secretary shall re- provements. the environmental review process. duce Interim Flows to the extent necessary to (b) ACQUISITION OF PROPERTY.— (3) LIMITATION.—Funds may be provided address any material adverse impacts to third (1) IN GENERAL.—The Secretary is authorized under paragraph (2) only to support activities parties from groundwater seepage caused by to acquire through purchase from willing sellers that directly contribute to the implementation of such flows that the Secretary identifies based on any property, interests in property, or options to the terms and conditions of the Settlement. the monitoring program of the Secretary. acquire real property needed to implement the (d) NONREIMBURSABLE FUNDS.—The United (4) TEMPORARY FISH BARRIER PROGRAM.—The Settlement authorized by this part. States’ share of the costs of implementing this Secretary, in consultation with the California (2) APPLICABLE LAW.—The Secretary is au- part shall be nonreimbursable under Federal Department of Fish and Game, shall evaluate thorized, but not required, to exercise all of the reclamation law, provided that nothing in this the effectiveness of the Hills Ferry barrier in authorities provided in section 2 of the Act of subsection shall limit or be construed to limit the preventing the unintended upstream migration August 26, 1937 (50 Stat. 844, chapter 832), to use of the funds assessed and collected pursuant of anadromous fish in the San Joaquin River carry out the measures authorized in this sec- to sections 3406(c)(1) and 3407(d)(2) of the Rec- and any false migratory pathways. If that eval- tion and section 10004. lamation Projects Authorization and Adjust- uation determines that any such migration past (c) DISPOSAL OF PROPERTY.— ment Act of 1992 (Public Law 102–575; 106 Stat. the barrier is caused by the introduction of the (1) IN GENERAL.—Upon the Secretary’s deter- 4721, 4727), for implementation of the Settle- Interim Flows and that the presence of such fish mination that retention of title to property or ment, nor shall it be construed to limit or modify will result in the imposition of additional regu- interests in property acquired pursuant to this existing or future Central Valley Project rate- latory actions against third parties, the Sec- part is no longer needed to be held by the setting policies. retary is authorized to assist the Department of United States for the furtherance of the Settle- SEC. 10007. COMPLIANCE WITH CENTRAL VALLEY Fish and Game in making improvements to the ment, the Secretary is authorized to dispose of PROJECT IMPROVEMENT ACT. barrier. From funding made available in accord- such property or interest in property on such Congress hereby finds and declares that the ance with section 10009, if third parties along terms and conditions as the Secretary deems ap- Settlement satisfies and discharges all of the ob- the San Joaquin River south of its confluence propriate and in the best interest of the United ligations of the Secretary contained in section with the Merced River are required to install States, including possible transfer of such prop- 3406(c)(1) of the Reclamation Projects Author- fish screens or fish bypass facilities due to the erty to the State of California. ization and Adjustment Act of 1992 (Public Law release of Interim Flows in order to comply with (2) RIGHT OF FIRST REFUSAL.—In the event the 102–575; 106 Stat. 4721), provided, however, the Endangered Species Act of 1973 (16 U.S.C. Secretary determines that property acquired that— 1531 et seq.), the Secretary shall bear the costs pursuant to this part through the exercise of its (1) the Secretary shall continue to assess and of the installation of such screens or facilities if eminent domain authority is no longer nec- collect the charges provided in section 3406(c)(1) such costs would be borne by the Federal Gov- essary for implementation of the Settlement, the of the Reclamation Projects Authorization and ernment under section 10009(a)(3), except to the Secretary shall provide a right of first refusal to Adjustment Act of 1992 (Public Law 102–575; 106 extent that such costs are already or are further the property owner from whom the property was Stat. 4721), as provided in the Settlement; and willingly borne by the State of California or by initially acquired, or his or her successor in in- (2) those assessments and collections shall the third parties. terest, on the same terms and conditions as the continue to be counted toward the requirements (i) FUNDING AVAILABILITY.— property is being offered to other parties. of the Secretary contained in section 3407(c)(2) (1) IN GENERAL.—Funds shall be collected in (3) DISPOSITION OF PROCEEDS.—Proceeds from of the Reclamation Projects Authorization and the San Joaquin River Restoration Fund the disposal by sale or transfer of any such Adjustment Act of 1992 (Public Law 102–575; 106 through October 1, 2019, and thereafter, with property or interests in such property shall be Stat. 4726). substantial amounts available through October deposited in the fund established by section SEC. 10008. NO PRIVATE RIGHT OF ACTION. 1, 2019, pursuant to section 10009 for implemen- 10009(c). (a) IN GENERAL.—Nothing in this part confers tation of the Settlement and parts I and III, in- (d) GROUNDWATER BANK.—Nothing in this upon any person or entity not a party to the cluding— part authorizes the Secretary to operate a Settlement a private right of action or claim for (A) $88,000,000, to be available without further groundwater bank along or adjacent to the San relief to interpret or enforce the provisions of appropriation pursuant to section 10009(c)(2); Joaquin River upstream of the confluence with this part or the Settlement. (B) additional amounts authorized to be ap- the Merced River, and any such groundwater (b) APPLICABLE LAW.—This section shall not propriated, including the charges required bank shall be operated by a non-Federal entity. alter or curtail any right of action or claim for under section 10007 and an estimated $20,000,000 relief under any other applicable law. SEC. 10006. COMPLIANCE WITH APPLICABLE LAW. from the CVP Restoration Fund pursuant to SEC. 10009. APPROPRIATIONS; SETTLEMENT section 10009(b)(2); and (a) APPLICABLE LAW.— FUND. (C) an aggregate commitment of at least (1) IN GENERAL.—In undertaking the measures (a) IMPLEMENTATION COSTS.— $200,000,000 by the State of California. authorized by this part, the Secretary and the (1) IN GENERAL.—The costs of implementing (2) ADDITIONAL AMOUNTS.—Substantial addi- Secretary of Commerce shall comply with all ap- the Settlement shall be covered by payments or tional amounts from the San Joaquin River Res- plicable Federal and State laws, rules, and reg- in-kind contributions made by Friant Division toration Fund shall become available without ulations, including the National Environmental contractors and other non-Federal parties, in- further appropriation after October 1, 2019, pur- Policy Act of 1969 (42 U.S.C. 4321 et seq.) and cluding the funds provided in subparagraphs suant to section 10009(c)(2). the Endangered Species Act of 1973 (16 U.S.C. (A) through (D) of subsection (c)(1), estimated (3) EFFECT OF SUBSECTION.—Nothing in this 1531 et seq.), as necessary. to total $440,000,000, of which the non-Federal subsection limits the availability of funds au- (2) ENVIRONMENTAL REVIEWS.—The Secretary payments are estimated to total $200,000,000 (at thorized for appropriation pursuant to section and the Secretary of Commerce are authorized October 2006 price levels) and the amount from 10009(b) or 10203(c). and directed to initiate and expeditiously com- repaid Central Valley Project capital obligations (j) SAN JOAQUIN RIVER EXCHANGE CON- plete applicable environmental reviews and con- is estimated to total $240,000,000, the additional TRACT.—Subject to section 10006(b), nothing in sultations as may be necessary to effectuate the Federal appropriation of $250,000,000 authorized this part shall modify or amend the rights and purposes of the Settlement. pursuant to subsection (b)(1), and such addi- obligations under the Purchase Contract be- (b) EFFECT ON STATE LAW.—Nothing in this tional funds authorized pursuant to subsection tween Miller and Lux and the United States and part shall preempt State law or modify any ex- (b)(2); provided however, that the costs of imple- the Second Amended Exchange Contract be- isting obligation of the United States under Fed- menting the provisions of section 10004(a)(1) tween the United States, Department of the In- eral reclamation law to operate the Central Val- shall be shared by the State of California pursu- terior, Bureau of Reclamation and Central Cali- ley Project in conformity with State law. ant to the terms of a memorandum of under- fornia Irrigation District, San Luis Canal Com- (c) USE OF FUNDS FOR ENVIRONMENTAL RE- standing executed by the State of California and pany, Firebaugh Canal Water District and Co- VIEWS.— the Parties to the Settlement on September 13, lumbia Canal Company. (1) DEFINITION OF ENVIRONMENTAL REVIEW.— 2006, which includes at least $110,000,000 of SEC. 10005. ACQUISITION AND DISPOSAL OF For purposes of this subsection, the term ‘‘envi- State funds. PROPERTY; TITLE TO FACILITIES. ronmental review’’ includes any consultation (2) ADDITIONAL AGREEMENTS.— (a) TITLE TO FACILITIES.—Unless acquired and planning necessary to comply with sub- (A) IN GENERAL.—The Secretary shall enter pursuant to subsection (b), title to any facility section (a). into 1 or more agreements to fund or implement or facilities, stream channel, levees, or other real (2) PARTICIPATION IN ENVIRONMENTAL REVIEW improvements on a project-by-project basis with property modified or improved in the course of PROCESS.—In undertaking the measures author- the State of California. implementing the Settlement authorized by this ized by section 10004, and for which environ- (B) REQUIREMENTS.—Any agreements entered part, and title to any modifications or improve- mental review is required, the Secretary may into under subparagraph (A) shall provide for ments of such facility or facilities, stream chan- provide funds made available under this part to recognition of either monetary or in-kind con- nel, levees, or other real property— affected Federal agencies, State agencies, local tributions toward the State of California’s share (1) shall remain in the owner of the property; agencies, and Indian tribes if the Secretary de- of the cost of implementing the provisions of sec- and termines that such funds are necessary to allow tion 10004(a)(1).

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(3) LIMITATION.—Except as provided in the (d) LIMITATION ON CONTRIBUTIONS.—Pay- part (including all funds reallocated, all funds Settlement, to the extent that costs incurred ments made by long-term contractors who re- dedicated, and all new funds authorized by this solely to implement this Settlement would not ceive water from the Friant Division and Hid- part and separate from all commitments of State otherwise have been incurred by any entity or den and Buchanan Units of the Central Valley and other non-Federal funds and in-kind com- public or local agency or subdivision of the Project pursuant to sections 3406(c)(1) and mitments), then before the Secretary commences State of California, such costs shall not be borne 3407(d)(2) of the Reclamation Projects Author- actual construction work in reach 4B (other by any such entity, agency, or subdivision of ization and Adjustment Act of 1992 (Public Law than planning, design, feasibility, or other pre- the State of California, unless such costs are in- 102–575; 106 Stat. 4721, 4727) and payments made liminary measures) to expand capacity to 4500 curred on a voluntary basis. pursuant to paragraph 16(b)(3) of the Settlement cubic feet per second to implement this Settle- (b) AUTHORIZATION OF APPROPRIATIONS.— and subsection (c)(1)(B) shall be the limitation ment, Congress must have increased the applica- (1) IN GENERAL.—In addition to the funding of such entities’ direct financial contribution to ble authorization ceiling provided by this part provided in subsection (c), there are also au- the Settlement, subject to the terms and condi- in an amount at least sufficient to cover the thorized to be appropriated not to exceed tions of paragraph 21 of the Settlement. higher estimated Federal costs. $250,000,000 (at October 2006 price levels) to im- (e) NO ADDITIONAL EXPENDITURES RE- SEC. 10010. REPAYMENT CONTRACTS AND ACCEL- plement this part and the Settlement, to be QUIRED.—Nothing in this part shall be con- ERATION OF REPAYMENT OF CON- available until expended; provided however, strued to require a Federal official to expend STRUCTION COSTS. that the Secretary is authorized to spend such Federal funds not appropriated by Congress, or (a) CONVERSION OF CONTRACTS.— additional appropriations only in amounts to seek the appropriation of additional funds by (1) The Secretary is authorized and directed to equal to the amount of funds deposited in the Congress, for the implementation of the Settle- convert, prior to December 31, 2010, all existing San Joaquin River Restoration Fund (not in- ment. long-term contracts with the following Friant cluding payments under subsection (c)(1)(B) (f) REACH 4B.— Division, Hidden Unit, and Buchanan Unit con- and proceeds under subsection (c)(1)(C)), the (1) STUDY.— tractors, entered under subsection (e) of section amount of in-kind contributions, and other non- (A) IN GENERAL.—In accordance with the Set- 9 of the Act of August 4, 1939 (53 Stat. 1196), to Federal payments actually committed to the im- tlement and the memorandum of understanding contracts under subsection (d) of section 9 of plementation of this part or the Settlement. executed pursuant to paragraph 6 of the Settle- said Act (53 Stat. 1195), under mutually agree- (2) USE OF THE CENTRAL VALLEY PROJECT RES- ment, the Secretary shall conduct a study that able terms and conditions: Arvin-Edison Water TORATION FUND.—The Secretary is authorized to specifies— Storage District; Delano-Earlimart Irrigation use monies from the Central Valley Project Res- (i) the costs of undertaking any work required District; Exeter Irrigation District; Fresno Irri- toration Fund created under section 3407 of the under paragraph 11(a)(3) of the Settlement to gation District; Ivanhoe Irrigation District; Reclamation Projects Authorization and Adjust- increase the capacity of reach 4B prior to re- Lindmore Irrigation District; Lindsay- ment Act of 1992 (Public Law 102–575; 106 Stat. initiation of Restoration Flows; Strathmore Irrigation District; Lower Tule River 4727) for purposes of this part in an amount not (ii) the impacts associated with reinitiation of Irrigation District; Orange Cove Irrigation Dis- to exceed $2,000,000 (October 2006 price levels) in such flows; and trict; Porterville Irrigation District; Saucelito Ir- any fiscal year. (iii) measures that shall be implemented to rigation District; Shafter-Wasco Irrigation Dis- (c) FUND.— mitigate impacts. trict; Southern San Joaquin Municipal Utility (1) IN GENERAL.—There is hereby established (B) DEADLINE.—The study under subpara- District; Stone Corral Irrigation District; Tea within the Treasury of the United States a graph (A) shall be completed prior to restoration Pot Dome Water District; Terra Bella Irrigation fund, to be known as the San Joaquin River of any flows other than Interim Flows. District; Tulare Irrigation District; Madera Irri- Restoration Fund, into which the following (2) REPORT.— gation District; and Chowchilla Water District. funds shall be deposited and used solely for the (A) IN GENERAL.—The Secretary shall file a re- Upon request of the contractor, the Secretary is purpose of implementing the Settlement except port with Congress not later than 90 days after authorized to convert, prior to December 31, as otherwise provided in subsections (a) and (b) issuing a determination, as required by the Set- 2010, other existing long-term contracts with of section 10203: tlement, on whether to expand channel convey- Friant Division contractors entered under sub- (A) All payments received pursuant to section ance capacity to 4500 cubic feet per second in section (e) of section 9 of the Act of August 4, 3406(c)(1) of the Reclamation Projects Author- reach 4B of the San Joaquin River, or use an al- 1939 (53 Stat. 1196), to contracts under sub- ization and Adjustment Act of 1992 (Public Law ternative route for pulse flows, that— section (d) of section 9 of said Act (53 Stat. 102–575; 106 Stat. 4721). (i) explains whether the Secretary has decided 1195), under mutually agreeable terms and con- (B) The construction cost component (not oth- to expand Reach 4B capacity to 4500 cubic feet ditions. erwise needed to cover operation and mainte- per second; and nance costs) of payments made by Friant Divi- (ii) addresses the following matters: (2) Upon request of the contractor, the Sec- sion, Hidden Unit, and Buchanan Unit long- (I) The basis for the Secretary’s determina- retary is further authorized to convert, prior to term contractors pursuant to long-term water tion, whether set out in environmental review December 31, 2010, any existing Friant Division service contracts or pursuant to repayment con- documents or otherwise, as to whether the ex- long-term contract entered under subsection tracts, including repayment contracts executed pansion of Reach 4B would be the preferable (c)(2) of section 9 of the Act of August 4, 1939 (53 pursuant to section 10010. The construction cost means to achieve the Restoration Goal as pro- Stat. 1194), to a contract under subsection (c)(1) repayment obligation assigned such contractors vided in the Settlement, including how different of section 9 of said Act, under mutually agree- under such contracts shall be reduced by the factors were assessed such as comparative bio- able terms and conditions. amount paid pursuant to this paragraph and logical and habitat benefits, comparative costs, (3) All such contracts entered into pursuant to the appropriate share of the existing Federal in- relative availability of State cost-sharing funds, paragraph (1) shall— vestment in the Central Valley Project to be re- and the comparative benefits and impacts on (A) require the repayment, either in lump sum covered by the Secretary pursuant to Public water temperature, water supply, private prop- or by accelerated prepayment, of the remaining Law 99–546 (100 Stat. 3050) shall be reduced by erty, and local and downstream flood control. amount of construction costs identified in the an equivalent sum. (II) The Secretary’s final cost estimate for ex- Central Valley Project Schedule of Irrigation (C) Proceeds from the sale of water pursuant panding Reach 4B capacity to 4500 cubic feet Capital Rates by Contractor 2007 Irrigation to the Settlement, or from the sale of property or per second, or any alternative route selected, as Water Rates, dated January 25, 2007, as ad- interests in property as provided in section well as the alternative cost estimates provided justed to reflect payments not reflected in such 10005. by the State, by the Restoration Administrator, schedule, and properly assignable for ultimate (D) Any non-Federal funds, including State and by the other parties to the Settlement. return by the contractor, no later than January cost-sharing funds, contributed to the United (III) The Secretary’s plan for funding the 31, 2011, or if made in approximately equal an- States for implementation of the Settlement, costs of expanding Reach 4B or any alternative nual installments, no later than January 31, which the Secretary may expend without fur- route selected, whether by existing Federal 2014; such amount to be discounted by 1⁄2 the ther appropriation for the purposes for which funds provided under this subtitle, by non-Fed- Treasury Rate. An estimate of the remaining contributed. eral funds, by future Federal appropriations, or amount of construction costs as of January 31, (2) AVAILABILITY.—All funds deposited into some combination of such sources. 2011, as adjusted, shall be provided by the Sec- the Fund pursuant to subparagraphs (A), (B), (B) DETERMINATION REQUIRED.—The Sec- retary to each contractor no later than June 30, and (C) of paragraph (1) are authorized for ap- retary shall, to the extent feasible, make the de- 2010; propriation to implement the Settlement and this termination in subparagraph (A) prior to under- (B) require that, notwithstanding subsection part, in addition to the authorization provided taking any substantial construction work to in- (c)(2), construction costs or other capitalized in subsections (a) and (b) of section 10203, ex- crease capacity in reach 4B. costs incurred after the effective date of the con- cept that $88,000,000 of such funds are available (3) COSTS.—If the Secretary’s estimated Fed- tract or not reflected in the schedule referenced for expenditure without further appropriation; eral cost for expanding reach 4B in paragraph in subparagraph (A), and properly assignable to provided that after October 1, 2019, all funds in (2), in light of the Secretary’s funding plan set such contractor, shall be repaid in not more the Fund shall be available for expenditure out in that paragraph, would exceed the re- than 5 years after notification of the allocation without further appropriation. maining Federal funding authorized by this if such amount is a result of a collective annual

VerDate Mar 15 2010 12:18 Aug 01, 2011 Jkt 079102 PO 00000 Frm 00115 Fmt 0688 Sfmt 6333 E:\BR09\H25MR9.005 H25MR9 erowe on DSK5CLS3C1PROD with BOUND RECORD 8698 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 7 March 25, 2009 allocation of capital costs to the contractors ex- repayment of the construction costs as provided (5) For purposes of this section, ‘‘Treasury ercising contract conversions under this sub- in paragraphs (3)(A) and (4)(A) of subsection Rate’’ shall be defined as the 20 year Constant section of less than $5,000,000. If such amount is (a), the Secretary shall waive the pricing provi- Maturity Treasury (CMT) rate published by the $5,000,000 or greater, such cost shall be repaid as sions of section 3405(d) of the Reclamation United States Department of the Treasury as of provided by applicable Reclamation law, pro- Projects Authorization and Adjustment Act of October 1, 2010. vided that the reference to the amount of 1992 (Public Law 102–575) for such contractor, (e) SATISFACTION OF CERTAIN PROVISIONS.— $5,000,000 shall not be a precedent in any other provided that such contractor shall continue to (1) IN GENERAL.—Upon the first release of In- context; pay applicable operation and maintenance costs terim Flows or Restoration Flows, pursuant to (C) provide that power revenues will not be and other charges applicable to such repayment paragraphs 13 or 15 of the Settlement, any available to aid in repayment of construction contracts pursuant to the then-current rate-set- short- or long-term agreement, to which 1 or costs allocated to irrigation under the contract; ting policy and applicable law. more long-term Friant Division, Hidden Unit, or and (3) Provisions of the Settlement applying to Buchanan Unit contractor that converts its con- (D) conform to the Settlement and this part Friant Division, Hidden Unit, and Buchanan tract pursuant to subsection (a) is a party, pro- and shall continue so long as the contractor Unit long-term water service contracts shall also viding for the transfer or exchange of water not pays applicable charges, consistent with sub- apply to contracts executed pursuant to this sec- released as Interim Flows or Restoration Flows section (c)(2) and applicable law. tion. shall be deemed to satisfy the provisions of sub- (4) All such contracts entered into pursuant to (d) REDUCTION OF CHARGE FOR THOSE CON- section 3405(a)(1)(A) and (I) of the Reclamation Projects Authorization and Adjustment Act of paragraph (2) shall— TRACTS CONVERTED PURSUANT TO SUBSECTION 1992 (Public Law 102–575) without the further (A) require the repayment in lump sum of the (A)(1).— remaining amount of construction costs identi- (1) At the time all payments by the contractor concurrence of the Secretary as to compliance fied in the most current version of the Central required by subsection (a)(3)(A) have been com- with said subsections if the contractor provides, not later than 90 days before commencement of Valley Project Schedule of Municipal and In- pleted, the Secretary shall reduce the charge any such transfer or exchange for a period in dustrial Water Rates, as adjusted to reflect pay- mandated in section 10007(1) of this part, from excess of 1 year, and not later than 30 days be- ments not reflected in such schedule, and prop- 2020 through 2039, to offset the financing costs fore commencement of any proposed transfer or erly assignable for ultimate return by the con- as defined in section 10010(d)(3). The reduction exchange with duration of less than 1 year, tractor, no later than January 31, 2014. An esti- shall be calculated at the time all payments by written notice to the Secretary stating how the mate of the remaining amount of construction the contractor required by subsection (a)(3)(A) proposed transfer or exchange is intended to re- costs as of January 31, 2014, as adjusted, shall have been completed. The calculation shall re- duce, avoid, or mitigate impacts to water deliv- be provided by the Secretary to each contractor main fixed from 2020 through 2039 and shall be eries caused by the Interim Flows or Restoration no later than June 30, 2013; based upon anticipated average annual water Flows or is intended to otherwise facilitate the (B) require that, notwithstanding subsection deliveries, as mutually agreed upon by the Sec- Water Management Goal, as described in the (c)(2), construction costs or other capitalized retary and the contractor, for the period from Settlement. The Secretary shall promptly make costs incurred after the effective date of the con- 2020 through 2039, and the amounts of such re- such notice publicly available. ductions shall be discounted using the Treasury tract or not reflected in the schedule referenced (2) DETERMINATION OF REDUCTIONS TO WATER Rate; provided, that such charge shall not be re- in subparagraph (A), and properly assignable to DELIVERIES.—Water transferred or exchanged such contractor, shall be repaid in not more duced to less than $4.00 per acre foot of project under an agreement that meets the terms of this than 5 years after notification of the allocation water delivered; provided further, that such re- subsection shall not be counted as a replacement if such amount is a result of a collective annual duction shall be implemented annually unless or an offset for purposes of determining reduc- allocation of capital costs to the contractors ex- the Secretary determines, based on the avail- tions to water deliveries to any Friant Division ercising contract conversions under this sub- ability of other monies, that the charges man- long-term contractor except as provided in para- section of less than $5,000,000. If such amount is dated in section 10007(1) are otherwise needed to graph 16(b) of the Settlement. The Secretary $5,000,000 or greater, such cost shall be repaid as cover ongoing federal costs of the Settlement, in- shall, at least annually, make publicly available provided by applicable Reclamation law, pro- cluding any federal operation and maintenance a compilation of the number of transfer or ex- vided that the reference to the amount of costs of facilities that the Secretary determines change agreements exercising the provisions of $5,000,000 shall not be a precedent in any other are needed to implement the Settlement. If the this subsection to reduce, avoid, or mitigate im- context; and Secretary determines that such charges are nec- pacts to water deliveries caused by the Interim (C) conform to the Settlement and this part essary to cover such ongoing federal costs, the Flows or Restoration Flows or to facilitate the and shall continue so long as the contractor Secretary shall, instead of making the reduction Water Management Goal, as well as the volume pays applicable charges, consistent with sub- in such charges, reduce the contractor’s oper- of water transferred or exchanged under such section (c)(2) and applicable law. ation and maintenance obligation by an equiva- agreements. (b) FINAL ADJUSTMENT.—The amounts paid lent amount, and such amount shall not be re- (3) STATE LAW.—Nothing in this subsection al- pursuant to subsection (a) shall be subject to covered by the United States from any Central ters State law or permit conditions, including adjustment following a final cost allocation by Valley Project contractor, provided nothing any applicable geographical restrictions on the the Secretary upon completion of the construc- herein shall affect the obligation of the con- place of use of water transferred or exchanged tion of the Central Valley Project. In the event tractor to make payments pursuant to a transfer pursuant to this subsection. that the final cost allocation indicates that the agreement with a non-federal operating entity. (f) CERTAIN REPAYMENT OBLIGATIONS NOT AL- costs properly assignable to the contractor are (2) If the calculated reduction in paragraph TERED.—Implementation of the provisions of greater than what has been paid by the con- (1), taking into consideration the minimum this section shall not alter the repayment obliga- tractor, the contractor shall be obligated to pay amount required, does not result in the con- tion of any other long-term water service or re- the remaining allocated costs. The term of such tractor offsetting its financing costs, the Sec- payment contractor receiving water from the additional repayment contract shall be no less retary is authorized and directed to reduce, Central Valley Project, or shift any costs that than 1 year and no more than 10 years, how- after October 1, 2019, any outstanding or future would otherwise have been properly assignable ever, mutually agreeable provisions regarding obligations of the contractor to the Bureau of to the Friant contractors absent this section, in- the rate of repayment of such amount may be Reclamation, other than the charge assessed cluding operations and maintenance costs, con- developed by the parties. In the event that the and collected under section 3407(d) of Public law struction costs, or other capitalized costs in- final cost allocation indicates that the costs 102–575, by the amount of such deficiency, with curred after the date of enactment of this Act, properly assignable to the contractor are less such amount indexed to 2020 using the Treasury to other such contractors. than what the contractor has paid, the Sec- Rate and such amount shall not be recovered by (g) STATUTORY INTERPRETATION.—Nothing in retary is authorized and directed to credit such the United States from any Central Valley this part shall be construed to affect the right of overpayment as an offset against any out- Project contractor, provided nothing herein any Friant Division, Hidden Unit, or Buchanan standing or future obligation of the contractor. shall affect the obligation of the contractor to Unit long-term contractor to use a particular (c) APPLICABILITY OF CERTAIN PROVISIONS.— make payments pursuant to a transfer agree- type of financing to make the payments required (1) Notwithstanding any repayment obligation ment with a non-Federal operating entity. in paragraph (3)(A) or (4)(A) of subsection (a). under subsection (a)(3)(B) or subsection (b), (3) Financing costs, for the purposes of this SEC. 10011. CALIFORNIA CENTRAL VALLEY upon a contractor’s compliance with and dis- subsection, shall be computed as the difference SPRING RUN CHINOOK SALMON. charge of the obligation of repayment of the of the net present value of the construction cost (a) FINDING.—Congress finds that the imple- construction costs as provided in subsection identified in subsection (a)(3)(A) using the full mentation of the Settlement to resolve 18 years (a)(3)(A), the provisions of section 213(a) and (b) Treasury Rate as compared to using one half of of contentious litigation regarding restoration of of the Reclamation Reform Act of 1982 (96 Stat. the Treasury Rate and applying those rates the San Joaquin River and the reintroduction of 1269) shall apply to lands in such district. against a calculated average annual capital re- the California Central Valley Spring Run Chi- (2) Notwithstanding any repayment obligation payment through 2030. nook salmon is a unique and unprecedented cir- under paragraph (3)(B) or (4)(B) of subsection (4) Effective in 2040, the charge shall revert to cumstance that requires clear expressions of (a), or subsection (b), upon a contractor’s com- the amount called for in section 10007(1) of this Congressional intent regarding how the provi- pliance with and discharge of the obligation of part. sions of the Endangered Species Act of 1973 (16

VerDate Mar 15 2010 12:18 Aug 01, 2011 Jkt 079102 PO 00000 Frm 00116 Fmt 0688 Sfmt 6333 E:\BR09\H25MR9.005 H25MR9 erowe on DSK5CLS3C1PROD with BOUND RECORD March 25, 2009 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 7 8699 U.S.C. 1531 et seq.) are utilized to achieve the Calaveras, Stanislaus, Tuolumne, Merced, and PART III—FRIANT DIVISION goals of restoration of the San Joaquin River San Joaquin rivers and otherwise consistent IMPROVEMENTS and the successful reintroduction of California with subsection (c) until after the expiration of SEC. 10201. FEDERAL FACILITY IMPROVEMENTS. Central Valley Spring Run Chinook salmon. the term of the Settlement, December 31, 2025, or (a) The Secretary of the Interior (hereafter re- (b) REINTRODUCTION IN THE SAN JOAQUIN the expiration of the designation made pursuant ferred to as the ‘‘Secretary’’) is authorized and RIVER.—California Central Valley Spring Run to subsection (b), whichever ends first. directed to conduct feasibility studies in coordi- Chinook salmon shall be reintroduced in the (2) EFFECT OF SUBSECTION.—Nothing in this nation with appropriate Federal, State, re- San Joaquin River below Friant Dam pursuant subsection shall preclude the Secretary of Com- gional, and local authorities on the following to section 10(j) of the Endangered Species Act of merce from imposing prescriptions pursuant to improvements and facilities in the Friant Divi- 1973 (16 U.S.C. 1539(j)) and the Settlement, pro- section 18 of the Federal Power Act (16 U.S.C. sion, Central Valley Project, California: vided that the Secretary of Commerce finds that 811) solely for other anadromous fish species be- (1) Restoration of the capacity of the Friant- a permit for the reintroduction of California cause those prescriptions provide incidental ben- Kern Canal and Madera Canal to such capacity Central Valley Spring Run Chinook salmon may efits to such reintroduced California Central as previously designed and constructed by the be issued pursuant to section 10(a)(1)(A) of the Valley Spring Run Chinook salmon. Bureau of Reclamation. Endangered Species Act of 1973 (16 U.S.C. (f) EFFECT OF SECTION.—Nothing in this sec- (2) Reverse flow pump-back facilities on the 1539(a)(1)(A)). tion is intended or shall be construed— Friant-Kern Canal, with reverse-flow capacity (c) FINAL RULE.— (1) to modify the Endangered Species Act of of approximately 500 cubic feet per second at the (1) DEFINITION OF THIRD PARTY.—For the pur- 1973 (16 U.S.C. 1531 et seq.) or the Federal Poso and Shafter Check Structures and approxi- pose of this subsection, the term ‘‘third party’’ Power Act (16 U.S.C. 791a et seq.); or mately 300 cubic feet per second at the means persons or entities diverting or receiving (2) to establish a precedent with respect to Woollomes Check Structure. water pursuant to applicable State and Federal any other application of the Endangered Species (b) Upon completion of and consistent with laws and shall include Central Valley Project Act of 1973 (16 U.S.C. 1531 et seq.) or the Federal the applicable feasibility studies, the Secretary contractors outside of the Friant Division of the Power Act (16 U.S.C. 791a et seq.). is authorized to construct the improvements and Central Valley Project and the State Water facilities identified in subsection (a) in accord- PART II—STUDY TO DEVELOP WATER Project. ance with all applicable Federal and State laws. PLAN; REPORT (2) ISSUANCE.—The Secretary of Commerce (c) The costs of implementing this section shall issue a final rule pursuant to section 4(d) SEC. 10101. STUDY TO DEVELOP WATER PLAN; RE- shall be in accordance with section 10203, and of the Endangered Species Act of 1973 (16 U.S.C. PORT. shall be a nonreimbursable Federal expenditure. 1533(d)) governing the incidental take of reintro- (a) PLAN.— SEC. 10202. FINANCIAL ASSISTANCE FOR LOCAL duced California Central Valley Spring Run (1) GRANT.—To the extent that funds are PROJECTS. Chinook salmon prior to the reintroduction. made available in advance for this purpose, the (a) AUTHORIZATION.—The Secretary is author- (3) REQUIRED COMPONENTS.—The rule issued Secretary of the Interior, acting through the ized to provide financial assistance to local under paragraph (2) shall provide that the re- Bureau of Reclamation, shall provide direct fi- agencies within the Central Valley Project, Cali- introduction will not impose more than de mini- nancial assistance to the California Water Insti- fornia, for the planning, design, environmental mus: water supply reductions, additional stor- tute, located at California State University, compliance, and construction of local facilities age releases, or bypass flows on unwilling third Fresno, California, to conduct a study regarding to bank water underground or to recharge parties due to such reintroduction. the coordination and integration of sub-regional groundwater, and that recover such water, pro- (4) APPLICABLE LAW.—Nothing in this sec- integrated regional water management plans vided that the project meets the criteria in sub- tion— into a unified Integrated Regional Water Man- section (b). The Secretary is further authorized (A) diminishes the statutory or regulatory pro- agement Plan for the subject counties in the hy- to require that any such local agency receiving tections provided in the Endangered Species Act drologic basins that would address issues related financial assistance under the terms of this sec- of 1973 for any species listed pursuant to section to— tion submit progress reports and accountings to 4 of the Endangered Species Act of 1973 (16 (A) water quality; the Secretary, as the Secretary deems appro- U.S.C. 1533) other than the reintroduced popu- (B) water supply (both surface, ground water priate, which such reports shall be publicly lation of California Central Valley Spring Run banking, and brackish water desalination); available. Chinook salmon, including protections pursuant (C) water conveyance; (b) CRITERIA.— to existing biological opinions or new biological (D) water reliability; (1) A project shall be eligible for Federal fi- opinions issued by the Secretary or Secretary of (E) water conservation and efficient use (by nancial assistance under subsection (a) only if Commerce; or distribution systems and by end users); all or a portion of the project is designed to re- (B) precludes the Secretary or Secretary of (F) flood control; duce, avoid, or offset the quantity of the ex- Commerce from imposing protections under the pected water supply impacts to Friant Division (G) water resource-related environmental en- Endangered Species Act of 1973 (16 U.S.C. 1531 long-term contractors caused by the Interim or hancement; and et seq.) for other species listed pursuant to sec- Restoration Flows authorized in part I of this tion 4 of that Act (16 U.S.C. 1533) because those (H) population growth. subtitle, and such quantities have not already protections provide incidental benefits to such (2) STUDY AREA.—The study area referred to been reduced, avoided, or offset by other pro- reintroduced California Central Valley Spring in paragraph (1) is the proposed study area of grams or projects. Run Chinook salmon. the San Joaquin River Hydrologic Region and (2) Federal financial assistance shall only (d) REPORT.— Tulare Lake Hydrologic Region, as defined by apply to the portion of a project that the local (1) IN GENERAL.—Not later than December 31, California Department of Water Resources Bul- agency designates as reducing, avoiding, or off- 2024, the Secretary of Commerce shall report to letin 160–05, volume 3, chapters 7 and 8, includ- setting the expected water supply impacts Congress on the progress made on the reintro- ing Kern, Tulare, Kings, Fresno, Madera, caused by the Interim or Restoration Flows au- duction set forth in this section and the Sec- Merced, Stanislaus, and San Joaquin counties thorized in part I of this subtitle, consistent retary’s plans for future implementation of this in California. with the methodology developed pursuant to section. (b) USE OF PLAN.—The Integrated Regional paragraph (3)(C). (2) INCLUSIONS.—The report under paragraph Water Management Plan developed for the 2 hy- (3) No Federal financial assistance shall be (1) shall include— drologic basins under subsection (a) shall serve provided by the Secretary under this part for (A) an assessment of the major challenges, if as a guide for the counties in the study area de- construction of a project under subsection (a) any, to successful reintroduction; scribed in subsection (a)(2) to use as a mecha- unless the Secretary— (B) an evaluation of the effect, if any, of the nism to address and solve long-term water needs (A) determines that appropriate planning, de- reintroduction on the existing population of in a sustainable and equitable manner. sign, and environmental compliance activities California Central Valley Spring Run Chinook (c) REPORT.—The Secretary shall ensure that associated with such a project have been com- salmon existing on the Sacramento River or its a report containing the results of the Integrated pleted, and that the Secretary has been offered tributaries; and Regional Water Management Plan for the hy- the opportunity to participate in the project at (C) an assessment regarding the future of the drologic regions is submitted to the Committee a price that is no higher than the local agency’s reintroduction. on Energy and Natural Resources of the Senate own costs, in order to secure necessary storage, (e) FERC PROJECTS.— and the Committee on Natural Resources of the extraction, and conveyance rights for water that (1) IN GENERAL.—With regard to California House of Representatives not later than 24 may be needed to meet the Restoration Goal as Central Valley Spring Run Chinook salmon re- months after financial assistance is made avail- described in part I of this subtitle, where such introduced pursuant to the Settlement, the Sec- able to the California Water Institute under project has capacity beyond that designated for retary of Commerce shall exercise its authority subsection (a)(1). the purposes in paragraph (2) or where it is fea- under section 18 of the Federal Power Act (16 (d) AUTHORIZATION OF APPROPRIATIONS.— sible to expand such project to allow participa- U.S.C. 811) by reserving its right to file prescrip- There are authorized to be appropriated to carry tion by the Secretary; tions in proceedings for projects licensed by the out this section $1,000,000 to remain available (B) determines, based on information avail- Federal Energy Regulatory Commission on the until expended. able at the time, that the local agency has the

VerDate Mar 15 2010 12:18 Aug 01, 2011 Jkt 079102 PO 00000 Frm 00117 Fmt 0688 Sfmt 6333 E:\BR09\H25MR9.005 H25MR9 erowe on DSK5CLS3C1PROD with BOUND RECORD 8700 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 7 March 25, 2009 financial capability and willingness to fund its be appropriated $50,000,000 (October 2008 price ronmental impact statement prepared by the Bu- share of the project’s construction and all oper- levels) to carry out the purposes of this part reau of Reclamation for the Project dated ation and maintenance costs on an annual which shall be non-reimbursable. March 2007. basis; Subtitle B—Northwestern New Mexico Rural (14) FUND.—The term ‘‘Fund’’ means the Rec- (C) determines that a method acceptable to the Water Projects lamation Waters Settlements Fund established by section 10501(a). Secretary has been developed for quantifying SEC. 10301. SHORT TITLE. (15) HYDROLOGIC DETERMINATION.—The term the benefit, in terms of reduction, avoidance, or This subtitle may be cited as the ‘‘North- ‘‘hydrologic determination’’ means the hydro- offset of the water supply impacts expected to be western New Mexico Rural Water Projects Act’’. caused by the Interim or Restoration Flows au- logic determination entitled ‘‘Water Availability SEC. 10302. DEFINITIONS. from Navajo Reservoir and the Upper Colorado thorized in part I of this subtitle, that will result In this subtitle: River Basin for Use in New Mexico,’’ prepared from the project, and for ensuring appropriate (1) AAMODT ADJUDICATION.—The term adjustment in the recovered water account pur- ‘‘Aamodt adjudication’’ means the general by the Bureau of Reclamation pursuant to sec- suant to section 10004(a)(5); and stream adjudication that is the subject of the tion 11 of the Act of June 13, 1962 (Public Law (D) has entered into a cost-sharing agreement civil action entitled ‘‘State of New Mexico, ex 87–483; 76 Stat. 99), and dated May 23, 2007. (16) LOWER BASIN.—The term ‘‘Lower Basin’’ with the local agency which commits the local rel. State Engineer and United States of Amer- has the same meaning given the term in Article agency to funding its share of the project’s con- ica, Pueblo de Nambe, Pueblo de Pojoaque, II(g) of the Colorado River Compact. struction costs on an annual basis. Pueblo de San Ildefonso, and Pueblo de Tesuque (17) NATION.—The term ‘‘Nation’’ means the (c) GUIDELINES.—Within 1 year from the date v. R. Lee Aamodt, et al.’’, No. 66 CV 6639 MV/ of enactment of this part, the Secretary shall de- Navajo Nation, a body politic and federally-rec- LCS (D.N.M.). ognized Indian nation as provided for in section velop, in consultation with the Friant Division (2) ABEYTA ADJUDICATION.—The term ‘‘Abeyta 101(2) of the Federally Recognized Indian Tribe long-term contractors, proposed guidelines for adjudication’’ means the general stream adju- List of 1994 (25 U.S.C. 497a(2)), also known var- the application of the criteria defined in sub- dication that is the subject of the civil actions iously as the ‘‘Navajo Tribe,’’ the ‘‘Navajo Tribe section (b), and will make the proposed guide- entitled ‘‘State of New Mexico v. Abeyta and of Arizona, New Mexico & Utah,’’ and the lines available for public comment. Such guide- State of New Mexico v. Arrellano’’, Civil Nos. ‘‘Navajo Tribe of Indians’’ and other similar lines may consider prioritizing the distribution 7896–BB (D.N.M) and 7939–BB (D.N.M.) (con- names, and includes all bands of Navajo Indi- of available funds to projects that provide the solidated). ans and chapters of the Navajo Nation. broadest benefit within the affected area and (3) ACRE-FEET.—The term ‘‘acre-feet’’ means (18) NAVAJO-GALLUP WATER SUPPLY PROJECT; the equitable allocation of funds. Upon adop- acre-feet per year. tion of such guidelines, the Secretary shall im- (4) AGREEMENT.—The term ‘‘Agreement’’ PROJECT.—The term ‘‘Navajo-Gallup Water Sup- plement such assistance program, subject to the means the agreement among the State of New ply Project’’ or ‘‘Project’’ means the Navajo- availability of funds appropriated for such pur- Mexico, the Nation, and the United States set- Gallup Water Supply Project authorized under pose. ting forth a stipulated and binding agreement section 10602(a), as described as the preferred al- (d) COST SHARING.—The Federal financial as- signed by the State of New Mexico and the Na- ternative in the Draft Impact Statement. sistance provided to local agencies under sub- tion on April 19, 2005. (19) NAVAJO INDIAN IRRIGATION PROJECT.—The section (a) shall not exceed— (5) ALLOTTEE.—The term ‘‘allottee’’ means a term ‘‘Navajo Indian Irrigation Project’’ means (1) 50 percent of the costs associated with person that holds a beneficial real property in- the Navajo Indian irrigation project authorized planning, design, and environmental compliance terest in a Navajo allotment that— by section 2 of Public Law 87–483 (76 Stat. 96). activities associated with such a project; and (A) is located within the Navajo Reservation (20) NAVAJO RESERVOIR.—The term ‘‘Navajo (2) 50 percent of the costs associated with con- or the State of New Mexico; Reservoir’’ means the reservoir created by the struction of any such project. (B) is held in trust by the United States; and impoundment of the San Juan River at Navajo (e) PROJECT OWNERSHIP.— (C) was originally granted to an individual Dam, as authorized by the Act of April 11, 1956 (1) Title to, control over, and operation of, member of the Nation by public land order or (commonly known as the ‘‘Colorado River Stor- projects funded under subsection (a) shall re- otherwise. age Project Act’’) (43 U.S.C. 620 et seq.). main in one or more non-Federal local agencies. (6) ANIMAS-LA PLATA PROJECT.—The term (21) NAVAJO NATION MUNICIPAL PIPELINE; PIPE- Nothing in this part authorizes the Secretary to ‘‘Animas-La Plata Project’’ has the meaning LINE.—The term ‘‘Navajo Nation Municipal operate a groundwater bank along or adjacent given the term in section 3 of Public Law 100–585 Pipeline’’ or ‘‘Pipeline’’ means the pipeline used to the San Joaquin River upstream of the con- (102 Stat. 2973), including Ridges Basin Dam, to convey the water of the Animas-La Plata fluence with the Merced River, and any such Lake Nighthorse, the Navajo Nation Municipal Project of the Navajo Nation from the City of groundwater bank shall be operated by a non- Pipeline, and any other features or modifica- Farmington, New Mexico, to communities of the Federal entity. All projects funded pursuant to tions made pursuant to the Colorado Ute Settle- Navajo Nation located in close proximity to the this subsection shall comply with all applicable ment Act Amendments of 2000 (Public Law 106– San Juan River Valley in the State of New Mex- Federal and State laws, including provisions of 554; 114 Stat. 2763A–258). ico (including the City of Shiprock), as author- California water law. (7) CITY.—The term ‘‘City’’ means the city of ized by section 15(b) of the Colorado Ute Indian (2) All operation, maintenance, and replace- Gallup, New Mexico, or a designee of the City, Water Rights Settlement Act of 1988 (Public Law ment and rehabilitation costs of such projects with authority to provide water to the Gallup, 100–585; 102 Stat. 2973; 114 Stat. 2763A–263). (22) NON-NAVAJO IRRIGATION DISTRICTS.—The shall be the responsibility of the local agency. New Mexico service area. (8) COLORADO RIVER COMPACT.—The term term ‘‘Non-Navajo Irrigation Districts’’ means— The Secretary shall not provide funding for any ‘‘Colorado River Compact’’ means the Colorado (A) the Hammond Conservancy District; operation, maintenance, or replacement and re- River Compact of 1922 as approved by Congress (B) the Bloomfield Irrigation District; and habilitation costs of projects funded under sub- in the Act of December 21, 1928 (45 Stat. 1057) (C) any other community ditch organization section (a). and by the Presidential Proclamation of June in the San Juan River basin in the State of New SEC. 10203. AUTHORIZATION OF APPROPRIA- 25, 1929 (46 Stat. 3000). Mexico. TIONS. (9) COLORADO RIVER SYSTEM.—The term ‘‘Col- (23) PARTIAL FINAL DECREE.—The term ‘‘Par- (a) The Secretary is authorized and directed orado River System’’ has the same meaning tial Final Decree’’ means a final and binding to use monies from the fund established under given the term in Article II(a) of the Colorado judgment and decree entered by a court in the section 10009 to carry out the provisions of sec- River Compact. stream adjudication, setting forth the rights of tion 10201(a)(1), in an amount not to exceed (10) COMPACT.—The term ‘‘Compact’’ means the Nation to use and administer waters of the $35,000,000. the Upper Colorado River Basin Compact as San Juan River Basin in New Mexico, as set (b) In addition to the funds made available consented to by the Act of April 6, 1949 (63 Stat. forth in Appendix 1 of the Agreement. pursuant to subsection (a), the Secretary is also 31, chapter 48). (24) PROJECT PARTICIPANTS.—The term authorized to expend such additional funds (11) CONTRACT.—The term ‘‘Contract’’ means ‘‘Project Participants’’ means the City, the Na- from the fund established under section 10009 to the contract between the United States and the tion, and the Jicarilla Apache Nation. carry out the purposes of section 10201(a)(2), if Nation setting forth certain commitments, (25) SAN JUAN RIVER BASIN RECOVERY IMPLE- such facilities have not already been authorized rights, and obligations of the United States and MENTATION PROGRAM.—The term ‘‘San Juan and funded under the plan provided for pursu- the Nation, as described in paragraph 6.0 of the River Basin Recovery Implementation Program’’ ant to section 10004(a)(4), in an amount not to Agreement. means the intergovernmental program estab- exceed $17,000,000, provided that the Secretary (12) DEPLETION.—The term ‘‘depletion’’ means lished pursuant to the cooperative agreement first determines that such expenditure will not the depletion of the flow of the San Juan River dated October 21, 1992 (including any amend- conflict with or delay his implementation of ac- stream system in the State of New Mexico by a ments to the program). tions required by part I of this subtitle. Notice of particular use of water (including any depletion (26) SECRETARY.—The term ‘‘Secretary’’ means the Secretary’s determination shall be published incident to the use) and represents the diversion the Secretary of the Interior, acting through the not later than his submission of the report to from the stream system by the use, less return Commissioner of Reclamation or any other des- Congress required by section 10009(f)(2). flows to the stream system from the use. ignee. (c) In addition to funds made available in (13) DRAFT IMPACT STATEMENT.—The term (27) STREAM ADJUDICATION.—The term subsections (a) and (b), there are authorized to ‘‘Draft Impact Statement’’ means the draft envi- ‘‘stream adjudication’’ means the general stream

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United States, et al., No. 75–185 (11th Jud. bank in accordance with subsections (c) and (d) the water diverted by the Navajo Indian Irriga- Dist., San Juan County, New Mexico) (involving shall not be subject to section 11 of Public Law tion Project under subsection (b) may be used claims to waters of the San Juan River and the 87–483 (76 Stat. 99). within the area served by Navajo Indian Irriga- tributaries of that river). ‘‘(c) The top water bank authorized under tion Project facilities for the following purposes: (28) SUPPLEMENTAL PARTIAL FINAL DECREE.— subsection (a) shall be operated in a manner ‘‘(1) Aquaculture purposes, including the The term ‘‘Supplemental Partial Final Decree’’ that— rearing of fish in support of the San Juan River means a final and binding judgment and decree ‘‘(1) is consistent with applicable law, except Basin Recovery Implementation Program au- entered by a court in the stream adjudication, that, notwithstanding any other provision of thorized by Public Law 106–392 (114 Stat. 1602). setting forth certain water rights of the Nation, law, water for purposes other than irrigation ‘‘(2) Domestic, industrial, or commercial pur- as set forth in Appendix 2 of the Agreement. may be stored in the Navajo Reservoir pursuant poses relating to agricultural production and (29) TRUST FUND.—The term ‘‘Trust Fund’’ to the rules governing the top water bank estab- processing. means the Navajo Nation Water Resources De- lished under this section; and ‘‘(3)(A) The generation of hydroelectric power velopment Trust Fund established by section ‘‘(2) does not impair the ability of the Sec- as an incident to the diversion of water by the 10702(a). retary of the Interior to deliver water under Navajo Indian Irrigation Project for authorized (30) UPPER BASIN.—The term ‘‘Upper Basin’’ contracts entered into under— purposes. has the same meaning given the term in Article ‘‘(A) Public Law 87–483 (76 Stat. 96); and ‘‘(B) Notwithstanding any other provision of II(f) of the Colorado River Compact. ‘‘(B) New Mexico State Engineer File Nos. law— SEC. 10303. COMPLIANCE WITH ENVIRONMENTAL 2847, 2848, 2849, and 2917. ‘‘(i) any hydroelectric power generated under LAWS. ‘‘(d)(1) The Secretary of the Interior, in co- this paragraph shall be used or marketed by the (a) EFFECT OF EXECUTION OF AGREEMENT.— operation with the State of New Mexico (acting Navajo Nation; The execution of the Agreement under section through the Interstate Stream Commission), ‘‘(ii) the Navajo Nation shall retain any reve- 10701(a)(2) shall not constitute a major Federal shall develop any terms and procedures for the nues from the sale of the hydroelectric power; action under the National Environmental Policy storage, accounting, and release of water in the and Act of 1969 (42 U.S.C. 4321 et seq.). top water bank that are necessary to comply ‘‘(iii) the United States shall have no trust ob- (b) COMPLIANCE WITH ENVIRONMENTAL with subsection (c). ligation to monitor, administer, or account for LAWS.—In carrying out this subtitle, the Sec- ‘‘(2) The terms and procedures developed the revenues received by the Navajo Nation, or retary shall comply with each law of the Fed- under paragraph (1) shall include provisions re- the expenditure of the revenues. eral Government relating to the protection of the quiring that— ‘‘(4) The implementation of the alternate environment, including— ‘‘(A) the storage of banked water shall be sub- water source provisions described in subpara- (1) the National Environmental Policy Act of ject to approval under State law by the New graph 9.2 of the agreement executed under sec- 1969 (42 U.S.C. 4321 et seq.); and Mexico State Engineer to ensure that impair- tion 10701(a)(2) of the Northwestern New Mexico (2) the Endangered Species Act of 1973 (16 Rural Water Projects Act. U.S.C. 1531 et seq.). ment of any existing water right does not occur, including storage of water under New Mexico ‘‘(d) The Navajo Indian Irrigation Project SEC. 10304. NO REALLOCATION OF COSTS. State Engineer File No. 2849; water diverted under subsection (b) may be (a) EFFECT OF ACT.—Notwithstanding any ‘‘(B) water in the top water bank be subject to transferred to areas located within or outside other provision of law, the Secretary shall not evaporation and other losses during storage; the area served by Navajo Indian Irrigation reallocate or reassign any costs of projects that ‘‘(C) water in the top water bank be released Project facilities, and within or outside the have been authorized under the Act of April 11, for delivery to the owner or assigns of the boundaries of the Navajo Nation, for any bene- 1956 (commonly known as the ‘‘Colorado River banked water on request of the owner, subject to ficial use in accordance with— Storage Project Act’’) (43 U.S.C. 620 et seq.), as reasonable scheduling requirements for making ‘‘(1) the agreement executed under section of the date of enactment of this Act because of— 10701(a)(2) of the Northwestern New Mexico (1) the authorization of the Navajo-Gallup the release; ‘‘(D) water in the top water bank be the first Rural Water Projects Act; Water Supply Project under this subtitle; or ‘‘(2) the contract executed under section (2) the changes in the uses of the water di- water spilled or released for flood control pur- poses in anticipation of a spill, on the condition 10604(a)(2)(B) of that Act; and verted by the Navajo Indian Irrigation Project ‘‘(3) any other applicable law. that top water bank water shall not be released or the waters stored in the Navajo Reservoir au- ‘‘(e) The Secretary may use the capacity of or included for purposes of calculating whether thorized under this subtitle. the Navajo Indian Irrigation Project works to a release should occur for purposes of satisfying (b) USE OF POWER REVENUES.—Notwith- convey water supplies for— standing any other provision of law, no power the flow recommendations of the San Juan River ‘‘(1) the Navajo-Gallup Water Supply Project revenues under the Act of April 11, 1956 (com- Basin Recovery Implementation Program; and under section 10602 of the Northwestern New ‘‘(E) water eligible for banking in the top monly known as the ‘‘Colorado River Storage Mexico Rural Water Projects Act; or Project Act’’) (43 U.S.C. 620 et seq.), shall be water bank shall be water that otherwise would ‘‘(2) other nonirrigation purposes authorized used to pay or reimburse any costs of the Navajo have been diverted and beneficially used in New under subsection (c) or (d). Indian Irrigation Project or Navajo-Gallup Mexico that year. ‘‘(f)(1) Repayment of the costs of construction Water Supply Project. ‘‘(e) The Secretary of the Interior may charge of the project (as authorized in subsection (a)) SEC. 10305. INTEREST RATE. fees to water users that use the top water bank shall be in accordance with the Act of April 11, Notwithstanding any other provision of law, in amounts sufficient to cover the costs incurred 1956 (commonly known as the ‘Colorado River the interest rate applicable to any repayment by the United States in administering the water Storage Project Act’) (43 U.S.C. 620 et seq.), in- contract entered into under section 10604 shall bank.’’. cluding section 4(d) of that Act. be equal to the discount rate for Federal water SEC. 10402. AMENDMENTS TO PUBLIC LAW 87–483. ‘‘(2) The Secretary shall not reallocate, or re- resources planning, as determined by the Sec- (a) NAVAJO INDIAN IRRIGATION PROJECT.— quire repayment of, construction costs of the retary. Public Law 87–483 (76 Stat. 96) is amended by Navajo Indian Irrigation Project because of the PART I—AMENDMENTS TO THE COLO- striking section 2 and inserting the following: conveyance of water supplies for nonirrigation RADO RIVER STORAGE PROJECT ACT ‘‘SEC. 2. (a) In accordance with the Act of purposes under subsection (e).’’. AND PUBLIC LAW 87–483 April 11, 1956 (commonly known as the ‘Colo- (b) RUNOFF ABOVE NAVAJO DAM.—Section 11 rado River Storage Project Act’) (43 U.S.C. 620 SEC. 10401. AMENDMENTS TO THE COLORADO of Public Law 87–483 (76 Stat. 100) is amended RIVER STORAGE PROJECT ACT. et seq.), the Secretary of the Interior is author- by adding at the end the following: (a) PARTICIPATING PROJECTS.—Paragraph (2) ized to construct, operate, and maintain the ‘‘(d)(1) For purposes of implementing in a of the first section of the Act of April 11, 1956 Navajo Indian Irrigation Project to provide irri- year of prospective shortage the water alloca- (commonly known as the ‘‘Colorado River Stor- gation water to a service area of not more than tion procedures established by subsection (a), age Project Act’’) (43 U.S.C. 620(2)) is amended 110,630 acres of land. the Secretary of the Interior shall determine the by inserting ‘‘the Navajo-Gallup Water Supply ‘‘(b)(1) Subject to paragraph (2), the average quantity of any shortages and the appropriate Project,’’ after ‘‘Fruitland Mesa,’’. annual diversion by the Navajo Indian Irriga- apportionment of water using the normal diver- (b) NAVAJO RESERVOIR WATER BANK.—The tion Project from the Navajo Reservoir over any sion requirements on the flow of the San Juan Act of April 11, 1956 (commonly known as the consecutive 10-year period shall be the lesser River originating above Navajo Dam based on ‘‘Colorado River Storage Project Act’’) is amend- of— the following criteria: ed— ‘‘(A) 508,000 acre-feet per year; or ‘‘(A) The quantity of diversion or water deliv- (1) by redesignating section 16 (43 U.S.C. 620o) ‘‘(B) the quantity of water necessary to sup- ery for the current year anticipated to be nec- as section 17; and ply an average depletion of 270,000 acre-feet per essary to irrigate land in accordance with crop- (2) by inserting after section 15 (43 U.S.C. year. ping plans prepared by contractors. 620n) the following: ‘‘(2) The quantity of water diverted for any 1 ‘‘(B) The annual diversion or water delivery ‘‘SEC. 16. (a) The Secretary of the Interior year shall not exceed the average annual diver- demands for the current year anticipated for may create and operate within the available ca- sion determined under paragraph (1) by more non-irrigation uses under water delivery con- pacity of Navajo Reservoir a top water bank. than 15 percent. tracts, including contracts authorized by the

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Northwestern New Mexico Rural Water Projects (2) the Boulder Canyon Project Adjustment (3) USE FOR COMPLETION OF PROJECT AND Act, but excluding any current demand for sur- Act (54 Stat. 774, chapter 643); OTHER SETTLEMENTS.— face water for placement into aquifer storage for (3) the Act of April 11, 1956 (commonly known (A) PRIORITIES.— future recovery and use. as the ‘‘Colorado River Storage Project Act’’) (43 (i) FIRST PRIORITY.— ‘‘(C) An annual normal diversion demand of U.S.C. 620 et seq.); (I) IN GENERAL.—The first priority for expend- 135,000 acre-feet for the initial stage of the San (4) the Act of September 30, 1968 (commonly iture of amounts in the Fund during the entire Juan-Chama Project authorized by section 8, known as the ‘‘Colorado River Basin Project period in which the Fund is in existence shall be which shall be the amount to which any short- Act’’) (82 Stat. 885); for the purposes described in, and in the order age is applied. (5) Public Law 87–483 (76 Stat. 96); of, clauses (i) through (iv) of subparagraph (B). ‘‘(2) The Secretary shall not include in the (6) the Treaty between the United States of (II) RESERVED AMOUNTS.—The Secretary shall normal diversion requirements— America and Mexico respecting utilization of reserve and use amounts deposited into the ‘‘(A) the quantity of water that reliably can waters of the Colorado and Tijuana Rivers and Fund in accordance with subclause (I). be anticipated to be diverted or delivered under of the Rio Grande, signed at Washington Feb- (ii) OTHER PURPOSES.—Any amounts in the a contract from inflows to the San Juan River ruary 3, 1944 (59 Stat. 1219); Fund that are not needed for the purposes de- arising below Navajo Dam under New Mexico (7) the Colorado River Compact of 1922, as ap- scribed in subparagraph (B) may be used for State Engineer File No. 3215; or proved by the Presidential Proclamation of June other purposes authorized in paragraph (2). ‘‘(B) the quantity of water anticipated to be 25, 1929 (46 Stat. 3000); (B) COMPLETION OF PROJECT.— supplied through reuse. (8) the Compact; (i) NAVAJO-GALLUP WATER SUPPLY PROJECT.— ‘‘(e)(1) If the Secretary determines that there (9) the Act of April 6, 1949 (63 Stat. 31, chapter (I) IN GENERAL.—Subject to subclause (II), ef- is a shortage of water under subsection (a), the 48); fective beginning January 1, 2020, if, in the Secretary shall respond to the shortage in the (10) the Jicarilla Apache Tribe Water Rights judgment of the Secretary on an annual basis Navajo Reservoir water supply by curtailing re- Settlement Act (106 Stat. 2237); or the deadline described in section leases and deliveries in the following order: (11) section 205 of the Energy and Water De- 10701(e)(1)(A)(ix) is unlikely to be met because a ‘‘(A) The demand for delivery for uses in the velopment Appropriations Act, 2005 (118 Stat. sufficient amount of funding is not otherwise State of Arizona under the Navajo-Gallup Water 2949). available through appropriations made avail- Supply Project authorized by section 10603 of PART II—RECLAMATION WATER able pursuant to section 10609(a), the Secretary the Northwestern New Mexico Rural Water SETTLEMENTS FUND shall expend from the Fund such amounts on an Projects Act, excluding the quantity of water annual basis consistent with paragraphs (1) and anticipated to be diverted for the uses from SEC. 10501. RECLAMATION WATER SETTLEMENTS (2), as are necessary to pay the Federal share of inflows to the San Juan River that arise below FUND. the costs, and substantially complete as expedi- Navajo Dam in accordance with New Mexico (a) ESTABLISHMENT.—There is established in tiously as practicable, the construction of the State Engineer File No. 3215. the Treasury of the United States a fund, to be water supply infrastructure authorized as part ‘‘(B) The demand for delivery for uses allo- known as the ‘‘Reclamation Water Settlements of the Project. cated under paragraph 8.2 of the agreement exe- Fund’’, consisting of— (II) MAXIMUM AMOUNT.— cuted under section 10701(a)(2) of the North- (1) such amounts as are deposited to the Fund (aa) IN GENERAL.—Except as provided under western New Mexico Rural Water Projects Act, under subsection (b); and item (bb), the amount expended under subclause excluding the quantity of water anticipated to (2) any interest earned on investment of (I) shall not exceed $500,000,000 for the period of be diverted for such uses under State Engineer amounts in the Fund under subsection (d). fiscal years 2020 through 2029. File No. 3215. (b) DEPOSITS TO FUND.— ‘‘(C) The uses in the State of New Mexico that (1) IN GENERAL.—For each of fiscal years 2020 (bb) EXCEPTION.—The limitation on the ex- are determined under subsection (d), in accord- through 2029, the Secretary of the Treasury penditure amount under item (aa) may be ex- ance with the procedure for apportioning the shall deposit in the Fund, if available, ceeded during the entire period in which the water supply under subsection (a). $120,000,000 of the revenues that would other- Fund is in existence if such additional funds ‘‘(2) For any year for which the Secretary de- wise be deposited for the fiscal year in the fund can be expended without limiting the amounts termines and responds to a shortage in the Nav- established by the first section of the Act of identified in clauses (ii) through (iv). ajo Reservoir water supply, the Secretary shall June 17, 1902 (32 Stat. 388, chapter 1093). (ii) OTHER NEW MEXICO SETTLEMENTS.— not deliver, and contractors of the water supply (2) AVAILABILITY OF AMOUNTS.—Amounts de- (I) IN GENERAL.—Subject to subclause (II), ef- shall not divert, any of the water supply for posited in the Fund under paragraph (1) shall fective beginning January 1, 2020, in addition to placement into aquifer storage for future recov- be made available pursuant to this section— the funding made available under clause (i), if ery and use. (A) without further appropriation; and in the judgment of the Secretary on an annual ‘‘(3) To determine the occurrence and amount (B) in addition to amounts appropriated pur- basis a sufficient amount of funding is not oth- of any shortage to contracts entered into under suant to any authorization contained in any erwise available through annual appropriations, this section, the Secretary shall not include as other provision of law. the Secretary shall expend from the Fund such available storage any water stored in a top (c) EXPENDITURES FROM FUND.— amounts on an annual basis consistent with water bank in Navajo Reservoir established (1) IN GENERAL.— paragraphs (1) and (2), as are necessary to pay under section 16(a) of the Act of April 11, 1956 (A) EXPENDITURES.—Subject to subparagraph the Federal share of the remaining costs of im- (commonly known as the ‘Colorado River Stor- (B), for each of fiscal years 2020 through 2034, plementing the Indian water rights settlement age Project Act’). the Secretary may expend from the Fund an agreements entered into by the State of New ‘‘(f) The Secretary of the Interior shall appor- amount not to exceed $120,000,000, plus the in- Mexico in the Aamodt adjudication and the tion water under subsections (a), (d), and (e) on terest accrued in the Fund, for the fiscal year in Abeyta adjudication, if such settlements are an annual volume basis. which expenditures are made pursuant to para- subsequently approved and authorized by an ‘‘(g) The Secretary of the Interior may revise graphs (2) and (3). Act of Congress and the implementation period a determination of shortages, apportionments, (B) ADDITIONAL EXPENDITURES.—The Sec- has not already expired. or allocations of water under subsections (a), retary may expend more than $120,000,000 for (II) MAXIMUM AMOUNT.—The amount ex- (d), and (e) on the basis of information relating any fiscal year if such amounts are available in pended under subclause (I) shall not exceed to water supply conditions that was not avail- the Fund due to expenditures not reaching $250,000,000. able at the time at which the determination was $120,000,000 for prior fiscal years. (iii) MONTANA SETTLEMENTS.— made. (2) AUTHORITY.—The Secretary may expend (I) IN GENERAL.—Subject to subclause (II), ef- ‘‘(h) Nothing in this section prohibits the dis- money from the Fund to implement a settlement fective beginning January 1, 2020, in addition to tribution of water in accordance with coopera- agreement approved by Congress that resolves, funding made available pursuant to clauses (i) tive water agreements between water users pro- in whole or in part, litigation involving the and (ii), if in the judgment of the Secretary on viding for a sharing of water supplies. United States, if the settlement agreement or im- an annual basis a sufficient amount of funding ‘‘(i) Diversions under New Mexico State Engi- plementing legislation requires the Bureau of is not otherwise available through annual ap- neer File No. 3215 shall be distributed, to the Reclamation to provide financial assistance for, propriations, the Secretary shall expend from maximum extent water is available, in propor- or plan, design, and construct— the Fund such amounts on an annual basis con- tionate amounts to the diversion demands of (A) water supply infrastructure; or sistent with paragraphs (1) and (2), as are nec- contractors and subcontractors of the Navajo (B) a project— essary to pay the Federal share of the remaining Reservoir water supply that are diverting water (i) to rehabilitate a water delivery system to costs of implementing Indian water rights settle- below Navajo Dam.’’. conserve water; or ment agreements entered into by the State of SEC. 10403. EFFECT ON FEDERAL WATER LAW. (ii) to restore fish and wildlife habitat or oth- Montana with the Blackfeet Tribe, the Crow Unless expressly provided in this subtitle, erwise improve environmental conditions associ- Tribe, or the Gros Ventre and Assiniboine Tribes nothing in this subtitle modifies, conflicts with, ated with or affected by, or located within the of the Fort Belknap Indian Reservation in the preempts, or otherwise affects— same river basin as, a Federal reclamation judicial proceeding entitled ‘‘In re the General (1) the Boulder Canyon Project Act (43 U.S.C. project that is in existence on the date of enact- Adjudication of All the Rights to Use Surface 617 et seq.); ment of this Act. and Groundwater in the State of Montana’’, if

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a settlement or settlements are subsequently ap- (f) TERMINATION.—On September 30, 2034— (C) the Secretary— proved and authorized by an Act of Congress (1) the Fund shall terminate; and (i) completes an environmental impact state- and the implementation period has not already (2) the unexpended and unobligated balance ment for the Project; and expired. of the Fund shall be transferred to the appro- (ii) has issued a record of decision that pro- (II) MAXIMUM AMOUNT.— priate fund of the Treasury. vides for a preferred alternative; and (aa) IN GENERAL.—Except as provided under PART III—NAVAJO-GALLUP WATER (D) the Secretary has entered into an agree- item (bb), the amount expended under subclause SUPPLY PROJECT ment with the State of New Mexico under which (I) shall not exceed $350,000,000 for the period of SEC. 10601. PURPOSES. the State of New Mexico will provide a share of fiscal years 2020 through 2029. The purposes of this part are— the construction costs of the Project of not less (bb) EXCEPTION.—The limitation on the ex- (1) to authorize the Secretary to construct, op- than $50,000,000, except that the State of New penditure amount under item (aa) may be ex- erate, and maintain the Navajo-Gallup Water Mexico shall receive credit for funds the State ceeded during the entire period in which the Supply Project; has contributed to construct water conveyance Fund is in existence if such additional funds (2) to allocate the capacity of the Project facilities to the Project Participants to the ex- can be expended without limiting the amounts among the Nation, the City, and the Jicarilla tent that the facilities reduce the cost of the identified in clause (i), (ii), and (iv). Apache Nation; and Project as estimated in the Draft Impact State- (cc) OTHER FUNDING.—The Secretary shall en- (3) to authorize the Secretary to enter into ment. sure that any funding under this clause shall be Project repayment contracts with the City and (2) EXCEPTION.—If the Jicarilla Apache Na- provided in a manner that does not limit the the Jicarilla Apache Nation. tion elects not to enter into a contract pursuant funding available pursuant to clauses (i) and SEC. 10602. AUTHORIZATION OF NAVAJO-GALLUP to section 10604, the Secretary, after consulting (ii). WATER SUPPLY PROJECT. with the Nation, the City, and the State of New RIZONA SETTLEMENT (iv) A .— (a) IN GENERAL.—The Secretary, acting Mexico acting through the Interstate Stream (I) IN GENERAL.—Subject to subclause (II), ef- through the Commissioner of Reclamation, is Commission, may make appropriate modifica- fective beginning January 1, 2020, in addition to authorized to design, construct, operate, and tions to the scope of the Project and proceed funding made available pursuant to clauses (i), maintain the Project in substantial accordance with Project construction if all other conditions (ii), and (iii), if in the judgment of the Secretary with the preferred alternative in the Draft Im- for construction have been satisfied. on an annual basis a sufficient amount of fund- pact Statement. (3) EFFECT OF INDIAN SELF-DETERMINATION ing is not otherwise available through annual (b) PROJECT FACILITIES.—To provide for the AND EDUCATION ASSISTANCE ACT.—The Indian appropriations, the Secretary shall expend from delivery of San Juan River water to Project Par- Self-Determination and Education Assistance the Fund such amounts on an annual basis con- ticipants, the Secretary may construct, operate, Act (25 U.S.C. 450 et seq.) shall not apply to the sistent with paragraphs (1) and (2), as are nec- and maintain the Project facilities described in design, construction, operation, maintenance, or essary to pay the Federal share of the remaining the preferred alternative in the Draft Impact replacement of the Project. costs of implementing an Indian water rights Statement, including: (e) POWER.—The Secretary shall reserve, from settlement agreement entered into by the State (1) A pumping plant on the San Juan River in existing reservations of Colorado River Storage of Arizona with the Navajo Nation to resolve the the vicinity of Kirtland, New Mexico. Project power for Bureau of Reclamation water rights claims of the Nation in the Lower (2)(A) A main pipeline from the San Juan projects, up to 26 megawatts of power for use by Colorado River basin in Arizona, if a settlement River near Kirtland, New Mexico, to Shiprock, the Project. is subsequently approved and authorized by an New Mexico, and Gallup, New Mexico, which (f) CONVEYANCE OF TITLE TO PROJECT FACILI- Act of Congress and the implementation period follows United States Highway 491. TIES.— has not already expired. (B) Any pumping plants associated with the (1) IN GENERAL.—The Secretary is authorized AXIMUM AMOUNT.— (II) M pipeline authorized under subparagraph (A). to enter into separate agreements with the City (aa) IN GENERAL.—Except as provided under (3)(A) A main pipeline from Cutter Reservoir and the Nation and, on entering into the agree- item (bb), the amount expended under subclause to Ojo Encino, New Mexico, which follows ments, shall convey title to each Project facility (I) shall not exceed $100,000,000 for the period of United States Highway 550. or section of a Project facility authorized under fiscal years 2020 through 2029. (B) Any pumping plants associated with the subsection (b) (including any appropriate inter- (bb) EXCEPTION.—The limitation on the ex- pipeline authorized under subparagraph (A). penditure amount under item (aa) may be ex- ests in land) to the City and the Nation after— (4)(A) Lateral pipelines from the main pipe- (A) completion of construction of a Project fa- ceeded during the entire period in which the lines to Nation communities in the States of New Fund is in existence if such additional funds cility or a section of a Project facility that is op- Mexico and Arizona. erating and delivering water; and can be expended without limiting the amounts (B) Any pumping plants associated with the identified in clauses (i) through (iii). (B) execution of a Project operations agree- pipelines authorized under subparagraph (A). ment approved by the Secretary and the Project (cc) OTHER FUNDING.—The Secretary shall en- (5) Any water regulation, storage or treatment Participants that sets forth— sure that any funding under this clause shall be facility, service connection to an existing public (i) any terms and conditions that the Sec- provided in a manner that does not limit the water supply system, power substation, power retary determines are necessary— funding available pursuant to clauses (i) and distribution works, or other appurtenant works (I) to ensure the continuation of the intended (ii). (including a building or access road) that is re- benefits of the Project; and (C) REVERSION.—If the settlements described lated to the Project facilities authorized by (II) to fulfill the purposes of this part; in clauses (ii) through (iv) of subparagraph (B) paragraphs (1) through (4), including power (ii) requirements acceptable to the Secretary have not been approved and authorized by an transmission facilities and associated wheeling and the Project Participants for— Act of Congress by December 31, 2019, the services to connect Project facilities to existing (I) the distribution of water under the Project amounts reserved for the settlements shall no high-voltage transmission facilities and deliver or section of a Project facility; and longer be reserved by the Secretary pursuant to power to the Project. (II) the allocation and payment of annual op- subparagraph (A)(i) and shall revert to the (c) ACQUISITION OF LAND.— Fund for any authorized use, as determined by (1) IN GENERAL.—The Secretary is authorized eration, maintenance, and replacement costs of the Secretary. to acquire any land or interest in land that is the Project or section of a Project facility based (d) INVESTMENT OF AMOUNTS.— necessary to construct, operate, and maintain on the proportionate uses of Project facilities; (1) IN GENERAL.—The Secretary shall invest the Project facilities authorized under sub- and such portion of the Fund as is not, in the judg- section (b). (iii) conditions and requirements acceptable to ment of the Secretary, required to meet current (2) LAND OF THE PROJECT PARTICIPANTS.—As a the Secretary and the Project Participants for withdrawals. condition of construction of the facilities au- operating and maintaining each Project facility (2) CREDITS TO FUND.—The interest on, and thorized under this part, the Project Partici- on completion of the conveyance of title, includ- the proceeds from the sale or redemption of, any pants shall provide all land or interest in land, ing the requirement that the City and the Na- obligations held in the Fund shall be credited as appropriate, that the Secretary identifies as tion shall— to, and form a part of, the Fund. necessary for acquisition under this subsection (I) comply with— (e) TRANSFERS OF AMOUNTS.— at no cost to the Secretary. (aa) the Compact; and (1) IN GENERAL.—The amounts required to be (3) LIMITATION.—The Secretary may not con- (bb) other applicable law; and transferred to the Fund under this section shall demn water rights for purposes of the Project. (II) be responsible for— be transferred at least monthly from the general (d) CONDITIONS.— (aa) the operation, maintenance, and replace- fund of the Treasury to the Fund on the basis (1) IN GENERAL.—Except as provided in para- ment of each Project facility; and of estimates made by the Secretary of the Treas- graph (2), the Secretary shall not commence (bb) the accounting and management of water ury. construction of the facilities authorized under conveyance and Project finances, as necessary (2) ADJUSTMENTS.—Proper adjustment shall be subsection (b) until such time as— to administer and fulfill the conditions of the made in amounts subsequently transferred to (A) the Secretary executes the Agreement and Contract executed under section 10604(a)(2)(B). the extent prior estimates were in excess of or the Contract; (2) EFFECT OF CONVEYANCE.—The conveyance less than the amounts required to be trans- (B) the contracts authorized under section of title to each Project facility shall not affect ferred. 10604 are executed; the application of the Endangered Species Act

VerDate Mar 15 2010 12:18 Aug 01, 2011 Jkt 079102 PO 00000 Frm 00121 Fmt 0688 Sfmt 6333 E:\BR09\H25MR9.005 H25MR9 erowe on DSK5CLS3C1PROD with BOUND RECORD 8704 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 7 March 25, 2009 of 1973 (16 U.S.C. 1531 et seq.) relating to the use (i) any hydroelectric power generated under Project Participant to exceed the delivery capac- of the water associated with the Project. this paragraph shall be used or marketed by the ity allocation quantity limit of that Project Par- (3) LIABILITY.— Nation; ticipant if— (A) IN GENERAL.—Effective on the date of the (ii) the Nation shall retain any revenues from (A) delivery capacity is available without im- conveyance authorized by this subsection, the the sale of the hydroelectric power; and pairing any water delivery to any other Project United States shall not be held liable by any (iii) the United States shall have no trust obli- Participant; and court for damages of any kind arising out of gation or other obligation to monitor, admin- (B) the Project Participant benefitting from any act, omission, or occurrence relating to the ister, or account for the revenues received by the the increased allocation of delivery capacity— land, buildings, or facilities conveyed under this Nation, or the expenditure of the revenues. (i) has the right under applicable law to use subsection, other than damages caused by acts (4) STORAGE.— the additional water; (ii) agrees to pay the operation, maintenance, of negligence committed by the United States, or (A) IN GENERAL.—Subject to subparagraph and replacement costs relating to the additional by employees or agents of the United States, (B), any water contracted for delivery under use of any Project facility; and prior to the date of conveyance. paragraph (1) that is not needed for current (iii) agrees, if the Project title is held by the (B) TORT CLAIMS.—Nothing in this section in- water demands or uses may be delivered by the Secretary, to pay a fee established by the Sec- creases the liability of the United States beyond Project for placement in underground storage in retary to assist in recovering capital costs relat- the liability provided in chapter 171 of title 28, the State of New Mexico for future recovery and ing to that additional use. United States Code (commonly known as the use. (c) CONDITIONS FOR USE IN ARIZONA.— ‘‘Federal Tort Claims Act’’). (B) STATE APPROVAL.—Delivery of water (1) REQUIREMENTS.—Project water shall not be (4) NOTICE OF PROPOSED CONVEYANCE.—Not under subparagraph (A) is subject to— delivered for use by any community of the Na- later than 45 days before the date of a proposed (i) approval by the State of New Mexico under tion located in the State of Arizona under sub- conveyance of title to any Project facility, the applicable provisions of State law relating to aq- section (b)(2)(D) until— Secretary shall submit to the Committee on Re- uifer storage and recovery; and (A) the Nation and the State of Arizona have sources of the House of Representatives and to (ii) the provisions of the Agreement and this entered into a water rights settlement agreement the Committee on Energy and Natural Resources subtitle. approved by an Act of Congress that settles and of the Senate notice of the conveyance of each (b) PROJECT WATER AND CAPACITY ALLOCA- waives the Nation’s claims to water in the Project facility. TIONS.— Lower Basin and the Little Colorado River (g) COLORADO RIVER STORAGE PROJECT (1) DIVERSION.—Subject to availability and Basin in the State of Arizona, including those of POWER.—The conveyance of Project facilities consistent with Federal and State law, the the United States on the Nation’s behalf; and under subsection (f) shall not affect the avail- Project may divert from the Navajo Reservoir (B) the Secretary and the Navajo Nation have ability of Colorado River Storage Project power and the San Juan River a quantity of water to entered into a Navajo Reservoir water supply to the Project under subsection (e). be allocated and used consistent with the Agree- delivery contract for the physical delivery and (h) REGIONAL USE OF PROJECT FACILITIES.— ment and this subtitle, that does not exceed in diversion of water via the Project from the San (1) IN GENERAL.—Subject to paragraph (2), any 1 year, the lesser of— Juan River system to supply uses in the State of Project facilities constructed under subsection (A) 37,760 acre-feet of water; or Arizona. (b) may be used to treat and convey non-Project (B) the quantity of water necessary to supply (2) ACCOUNTING OF USES IN ARIZONA.— water or water that is not allocated by sub- a depletion from the San Juan River of 35,890 (A) IN GENERAL.—Pursuant to paragraph (1) section 10603(b) if— acre-feet. and notwithstanding any other provision of (A) capacity is available without impairing (2) PROJECT DELIVERY CAPACITY ALLOCA- law, water may be diverted by the Project from any water delivery to a Project Participant; and TIONS.— the San Juan River in the State of New Mexico (B) the unallocated or non-Project water ben- (A) IN GENERAL.—The capacity of the Project in accordance with an appropriate permit issued eficiary— shall be allocated to the Project Participants in under New Mexico law for use in the State of (i) has the right to use the water; accordance with subparagraphs (B) through Arizona within the Navajo Reservation in the (ii) agrees to pay the operation, maintenance, (E), other provisions of this subtitle, and other Lower Basin; provided that any depletion of and replacement costs assignable to the bene- applicable law. water that results from the diversion of water by ficiary for the use of the Project facilities; and (B) DELIVERY CAPACITY ALLOCATION TO THE the Project from the San Juan River in the State (iii) agrees to pay an appropriate fee that may CITY.—The Project may deliver at the point of of New Mexico for uses within the State of Ari- be established by the Secretary to assist in the diversion from the San Juan River not more zona (including depletion incidental to the di- recovery of any capital cost allocable to that than 7,500 acre-feet of water in any 1 year for version, impounding, or conveyance of water in use. which the City has secured rights for the use of the State of New Mexico for uses in the State of (2) EFFECT OF PAYMENTS.—Any payments to the City. Arizona) shall be administered and accounted the United States or the Nation for the use of (C) DELIVERY CAPACITY ALLOCATION TO NAV- for as either— (i) a part of, and charged against, the avail- unused capacity under this subsection or for AJO NATION COMMUNITIES IN NEW MEXICO.—For water under any subcontract with the Nation or use by the Nation in the State of New Mexico, able consumptive use apportionment made to the the Jicarilla Apache Nation shall not alter the the Project may deliver water out of the water State of Arizona by Article III(a) of the Compact construction repayment requirements or the op- rights held by the Secretary for the Nation and and to the Upper Basin by Article III(a) of the eration, maintenance, and replacement payment confirmed under this subtitle, at the points of Colorado River Compact, in which case any requirements of the Project Participants. diversion from the San Juan River or at Navajo water so diverted by the Project into the Lower Reservoir in any 1 year, the lesser of— Basin for use within the State of Arizona shall SEC. 10603. DELIVERY AND USE OF NAVAJO-GAL- not be credited as water reaching Lee Ferry pur- LUP WATER SUPPLY PROJECT (i) 22,650 acre-feet of water; or WATER. (ii) the quantity of water necessary to supply suant to Article III(c) and III(d) of the Colorado River Compact; or (a) USE OF PROJECT WATER.— a depletion from the San Juan River of 20,780 (ii) subject to subparagraph (B), a part of, (1) IN GENERAL.—In accordance with this sub- acre-feet of water. and charged against, the consumptive use ap- title and other applicable law, water supply (D) DELIVERY CAPACITY ALLOCATION TO NAV- portionment made to the Lower Basin by Article from the Project shall be used for municipal, in- AJO NATION COMMUNITIES IN ARIZONA.—Subject III(a) of the Colorado River Compact, in which dustrial, commercial, domestic, and stock water- to subsection (c), the Project may deliver at the case it shall— ing purposes. point of diversion from the San Juan River not (I) be a part of the Colorado River water that (2) USE ON CERTAIN LAND.— more than 6,411 acre-feet of water in any 1 year is apportioned to the State of Arizona in Article (A) IN GENERAL.—Subject to subparagraph for use by the Nation in the State of Arizona. II(B) of the Consolidated Decree of the Supreme (B), the Nation may use Project water alloca- (E) DELIVERY CAPACITY ALLOCATION TO Court of the United States in Arizona v. Cali- tions on— JICARILLA APACHE NATION.—The Project may de- fornia (547 U.S. 150) (as may be amended or sup- (i) land held by the United States in trust for liver at Navajo Reservoir not more than 1,200 plemented); the Nation and members of the Nation; and acre-feet of water in any 1 year of the water (II) be credited as water reaching Lee Ferry (ii) land held in fee by the Nation. rights of the Jicarilla Apache Nation, held by pursuant to Article III(c) and III(d) of the Colo- (B) TRANSFER.—The Nation may transfer the the Secretary and confirmed by the Jicarilla rado River Compact; and purposes and places of use of the allocated Apache Tribe Water Rights Settlement Act (Pub- (III) be accounted as the water identified in water in accordance with the Agreement and lic Law 102–441; 106 Stat. 2237), for use by the section 104(a)(1)(B)(ii) of the Arizona Water Set- applicable law. Jicarilla Apache Nation in the southern portion tlements Act, (118 Stat. 3478). (3) HYDROELECTRIC POWER.— of the Jicarilla Apache Nation Reservation in (B) LIMITATION.—Notwithstanding subpara- (A) IN GENERAL.—Hydroelectric power may be the State of New Mexico. graph (A)(ii), no water diverted by the Project generated as an incident to the delivery of (3) USE IN EXCESS OF DELIVERY CAPACITY AL- shall be accounted for pursuant to subpara- Project water for authorized purposes under LOCATION QUANTITY.—Notwithstanding each de- graph (A)(ii) until such time that— paragraph (1). livery capacity allocation quantity limit de- (i) the Secretary has developed and, as nec- (B) ADMINISTRATION.—Notwithstanding any scribed in subparagraphs (B), (C), and (E) of essary and appropriate, modified, in consulta- other provision of law— paragraph (2), the Secretary may authorize a tion with the Upper Colorado River Commission

VerDate Mar 15 2010 12:18 Aug 01, 2011 Jkt 079102 PO 00000 Frm 00122 Fmt 0688 Sfmt 6333 E:\BR09\H25MR9.005 H25MR9 erowe on DSK5CLS3C1PROD with BOUND RECORD March 25, 2009 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 7 8705 and the Governors’ Representatives on Colorado (1) authorizes the marketing, leasing, or represent unique and efficient uses of Colorado River Operations from each State signatory to transfer of the water supplies made available to River apportionments in a manner that Con- the Colorado River Compact, all operational and the Nation under the Contract to non-Navajo gress has determined would be consistent with decisional criteria, policies, contracts, guidelines water users in States other than the State of the obligations of the United States to the Nav- or other documents that control the operations New Mexico; or ajo Nation. of the Colorado River System reservoirs and di- (2) authorizes the forbearance of water uses in SEC. 10604. PROJECT CONTRACTS. version works, so as to adjust, account for, and the State of New Mexico to allow uses of water (a) NAVAJO NATION CONTRACT.— offset the diversion of water apportioned to the in other States other than as authorized under (1) HYDROLOGIC DETERMINATION.—Congress State of Arizona, pursuant to the Boulder Can- subsection (d). recognizes that the Hydrologic Determination yon Project Act (43 U.S.C. 617 et seq.), from a (f) COLORADO RIVER COMPACTS.—Notwith- necessary to support approval of the Contract point of diversion on the San Juan River in New standing any other provision of law— has been completed. (1) water may be diverted by the Project from Mexico; provided that all such modifications (2) CONTRACT APPROVAL.— shall be consistent with the provisions of this the San Juan River in the State of New Mexico (A) APPROVAL.— Section, and the modifications made pursuant to for use within New Mexico in the lower basin, (i) IN GENERAL.—Except to the extent that any this clause shall be applicable only for the dura- as that term is used in the Colorado River Com- provision of the Contract conflicts with this sub- tion of any such diversions pursuant to section pact; title, Congress approves, ratifies, and confirms 10603(c)(2)(A)(ii); and (2) any water diverted under paragraph (1) the Contract. shall be a part of, and charged against, the con- (ii) Article II(B) of the Decree of the Supreme (ii) AMENDMENTS.—To the extent any amend- Court of the United States in Arizona v. Cali- sumptive use apportionment made to the State ment is executed to make the Contract con- fornia (547 U.S. 150 as may be amended or sup- of New Mexico by Article III(a) of the Compact sistent with this subtitle, that amendment is au- plemented) is administered so that diversions and to the upper basin by Article III(a) of the thorized, ratified, and confirmed. Colorado River Compact; and from the main stream for the Central Arizona (B) EXECUTION OF CONTRACT.—The Secretary, (3) any water so diverted by the Project into Project, as served under existing contracts with acting on behalf of the United States, shall the lower basin within the State of New Mexico the United States by diversion works heretofore enter into the Contract to the extent that the shall not be credited as water reaching Lee constructed, shall be limited and reduced to off- Contract does not conflict with this subtitle (in- Ferry pursuant to Articles III(c) and III(d) of set any diversions made pursuant to section cluding any amendment that is required to make the Colorado River Compact. 10603(c)(2)(A)(ii) of this Act. This clause shall the Contract consistent with this subtitle). (g) PAYMENT OF OPERATION, MAINTENANCE, not affect, in any manner, the amount of water (3) NONREIMBURSABILITY OF ALLOCATED AND REPLACEMENT COSTS.— apportioned to Arizona pursuant to the Boulder COSTS.—The following costs shall be nonreim- (1) IN GENERAL.—The Secretary is authorized Canyon Project Act (43 U.S.C. 617 et seq.), or to pay the operation, maintenance, and replace- bursable and not subject to repayment by the amend any provisions of said decree or the Colo- ment costs of the Project allocable to the Project Nation or any other Project beneficiary: rado River Basin Project Act (43 U.S.C. 1501 et. Participants under section 10604 until the date (A) Any share of the construction costs of the seq.). on which the Secretary declares any section of Nation relating to the Project authorized by sec- (3) UPPER BASIN PROTECTIONS.— the Project to be substantially complete and de- tion 10602(a). (A) CONSULTATIONS.—Henceforth, in any con- (B) Any costs relating to the construction of livery of water generated by, and through, that sultation pursuant to 16 U.S.C. 1536(a) with re- the Navajo Indian Irrigation Project that may section of the Project can be made to a Project spect to water development in the San Juan otherwise be allocable to the Nation for use of participant. River Basin, the Secretary shall confer with the any facility of the Navajo Indian Irrigation (2) PROJECT PARTICIPANT PAYMENTS.—Begin- States of Colorado and New Mexico, consistent ning on the date described in paragraph (1), Project to convey water to each Navajo commu- with the provisions of section 5 of the ‘‘Prin- each Project Participant shall pay all allocated nity under the Project. ciples for Conducting Endangered Species Act operation, maintenance, and replacement costs (C) Any costs relating to the construction of Section 7 Consultations on Water Development for that substantially completed section of the Navajo Dam that may otherwise be allocable to and Water Management Activities Affecting En- Project, in accordance with contracts entered the Nation for water deliveries under the Con- dangered Fish Species in the San Juan River into pursuant to section 10604, except as pro- tract. Basin’’ as adopted by the Coordination Com- vided in section 10604(f). (4) OPERATION, MAINTENANCE, AND REPLACE- mittee, San Juan River Basin Recovery Imple- (h) NO PRECEDENT.—Nothing in this Act shall MENT OBLIGATION.—Subject to subsection (f), the mentation Program, on June 19, 2001, and as be construed as authorizing or establishing a Contract shall include provisions under which may be amended or modified. precedent for any type of transfer of Colorado the Nation shall pay any costs relating to the (B) PRESERVATION OF EXISTING RIGHTS.— River System water between the Upper Basin operation, maintenance, and replacement of Rights to the consumptive use of water available and Lower Basin. Nor shall anything in this Act each facility of the Project that are allocable to to the Upper Basin from the Colorado River Sys- be construed as expanding the Secretary’s au- the Nation. tem under the Colorado River Compact and the thority in the Upper Basin. (5) LIMITATION, CANCELLATION, TERMINATION, Compact shall not be reduced or prejudiced by (i) UNIQUE SITUATION.—Diversions by the AND RESCISSION.—The Contract may be limited any use of water pursuant to subsection Project consistent with this section address crit- by a term of years, canceled, terminated, or re- 10603(c). Nothing in this Act shall be construed ical tribal and non-Indian water supply needs scinded only by an Act of Congress. so as to impair, conflict with, or otherwise under unique circumstances, which include, (b) CITY OF GALLUP CONTRACT.— change the duties and powers of the Upper Col- among other things— (1) CONTRACT AUTHORIZATION.—Consistent orado River Commission. (1) the intent to benefit an American Indian with this subtitle, the Secretary is authorized to (d) FORBEARANCE.— tribe; enter into a repayment contract with the City (1) IN GENERAL.—Subject to paragraphs (2) (2) the Navajo Nation’s location in both the that requires the City— and (3), during any year in which a shortage to Upper and Lower Basin; (A) to repay, within a 50-year period, the the normal diversion requirement for any use re- (3) the intent to address critical Indian water share of the construction costs of the City relat- lating to the Project within the State of Arizona needs in the State of Arizona and Indian and ing to the Project, with interest as provided occurs (as determined under section 11 of Public non-Indian water needs in the State of New under section 10305; and Law 87–483 (76 Stat. 99)), the Nation may tempo- Mexico, (B) consistent with section 10603(g), to pay the rarily forbear the delivery of the water supply of (4) the location of the Navajo Nation’s capital operation, maintenance, and replacement costs the Navajo Reservoir for uses in the State of city of Window Rock in the State of Arizona in of the Project that are allocable to the City. New Mexico under the apportionments of water close proximity to the border of the State of New (2) CONTRACT PREPAYMENT.— to the Navajo Indian Irrigation Project and the Mexico and the pipeline route for the Project; (A) IN GENERAL.—The contract authorized normal diversion requirements of the Project to (5) the lack of other reasonable options avail- under paragraph (1) may allow the City to sat- allow an equivalent quantity of water to be de- able for developing a firm, sustainable supply of isfy the repayment obligation of the City for livered from the Navajo Reservoir water supply municipal water for the Navajo Nation at Win- construction costs of the Project on the payment for municipal and domestic uses of the Nation in dow Rock in the State of Arizona; and of the share of the City prior to the initiation of the State of Arizona under the Project. (6) the limited volume of water to be diverted construction. (2) LIMITATION OF FORBEARANCE.—The Nation by the Project to supply municipal uses in the (B) AMOUNT.—The amount of the share of the may forebear the delivery of water under para- Window Rock area in the State of Arizona. City described in subparagraph (A) shall be de- graph (1) of a quantity not exceeding the quan- (j) CONSENSUS.—Congress notes the consensus termined by agreement between the Secretary tity of the shortage to the normal diversion re- of the Governors’ Representatives on Colorado and the City. quirement for any use relating to the Project River Operations of the States that are signa- (C) REPAYMENT OBLIGATION.—Any repayment within the State of Arizona. tory to the Colorado River Compact regarding obligation established by the Secretary and the (3) EFFECT.—The forbearance of the delivery the diversions authorized for the Project under City pursuant to subparagraph (A) shall be sub- of water under paragraph (1) shall be subject to this section. ject to a final cost allocation by the Secretary the requirements in subsection (c). (k) EFFICIENT USE.—The diversions and uses on project completion and to the limitations set (e) EFFECT.—Nothing in this subtitle— authorized for the Project under this Section forth in paragraph (3).

VerDate Mar 15 2010 12:18 Aug 01, 2011 Jkt 079102 PO 00000 Frm 00123 Fmt 0688 Sfmt 6333 E:\BR09\H25MR9.005 H25MR9 erowe on DSK5CLS3C1PROD with BOUND RECORD 8706 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 7 March 25, 2009

(3) SHARE OF CONSTRUCTION COSTS.— (3) SHARE OF CONSTRUCTION COSTS.— cause of a lack of availability of Federal fund- (A) IN GENERAL.—Subject to subparagraph (A) IN GENERAL.—Subject to subparagraph ing to pay the costs under paragraph (3) shall (B), the Secretary shall determine the share of (B), the Secretary shall determine the share of not alter the obligations of the Nation or the the construction costs of the Project allocable to the construction costs of the Project allocable to United States under a repayment contract. the City and establish the percentage of the al- the Jicarilla Apache Nation and establish the (5) TERMINATION OF AUTHORITY.—The author- located construction costs that the City shall be percentage of the allocated construction costs of ity of the Secretary to waive costs under para- required to repay pursuant to the contract en- the Jicarilla Apache Nation that the Jicarilla graph (1) with respect to a Project facility trans- tered into under paragraph (1), based on the Apache Nation shall be required to repay based ferred to the Nation under section 10602(f) shall ability of the City to pay. on the ability of the Jicarilla Apache Nation to terminate on the date on which the Project fa- (B) MINIMUM PERCENTAGE.—Notwithstanding pay. cility is transferred. subparagraph (A), the repayment obligation of (B) MINIMUM PERCENTAGE.—Notwithstanding (g) PROJECT CONSTRUCTION COMMITTEE.—The the City shall be at least 25 percent of the con- subparagraph (A), the repayment obligation of Secretary shall facilitate the formation of a struction costs of the Project that are allocable the Jicarilla Apache Nation shall be at least 25 project construction committee with the Project to the City, but shall in no event exceed 35 per- percent of the construction costs of the Project Participants and the State of New Mexico— cent. that are allocable to the Jicarilla Apache Na- (1) to review cost factors and budgets for con- (4) EXCESS CONSTRUCTION COSTS.—Any con- tion, but shall in no event exceed 35 percent. struction and operation and maintenance activi- struction costs of the Project allocable to the (4) EXCESS CONSTRUCTION COSTS.—Any con- ties; City in excess of the repayment obligation of the struction costs of the Project allocable to the (2) to improve construction management City, as determined under paragraph (3), shall Jicarilla Apache Nation in excess of the repay- through enhanced communication; and be nonreimbursable. ment obligation of the Jicarilla Apache Nation (3) to seek additional ways to reduce overall (5) GRANT FUNDS.—A grant from any other as determined under paragraph (3), shall be Project costs. Federal source shall not be credited toward the nonreimbursable. SEC. 10605. NAVAJO NATION MUNICIPAL PIPE- LINE. amount required to be repaid by the City under (5) GRANT FUNDS.—A grant from any other a repayment contract. Federal source shall not be credited toward the (a) USE OF NAVAJO NATION PIPELINE.—In ad- (6) TITLE TRANSFER.—If title is transferred to share of the Jicarilla Apache Nation of con- dition to use of the Navajo Nation Municipal the City prior to repayment under section struction costs. Pipeline to convey the Animas-La Plata Project 10602(f), the City shall be required to provide as- (6) NAVAJO INDIAN IRRIGATION PROJECT water of the Nation, the Nation may use the surances satisfactory to the Secretary of fulfill- COSTS.—The Jicarilla Apache Nation shall have Navajo Nation Municipal Pipeline to convey ment of the remaining repayment obligation of no obligation to repay any Navajo Indian Irri- non-Animas La Plata Project water for munic- the City. gation Project construction costs that might oth- ipal and industrial purposes. ONVEYANCE OF TITLE TO PIPELINE.— (7) WATER DELIVERY SUBCONTRACT.—The Sec- erwise be allocable to the Jicarilla Apache Na- (b) C (1) IN GENERAL.—On completion of the Navajo retary shall not enter into a contract under tion for use of the Navajo Indian Irrigation Nation Municipal Pipeline, the Secretary may paragraph (1) with the City until the City has Project facilities to convey water to the Jicarilla enter into separate agreements with the City of secured a water supply for the City’s portion of Apache Nation, and any such costs shall be Farmington, New Mexico and the Nation to con- the Project described in section 10603(b)(2)(B), nonreimbursable. vey title to each portion of the Navajo Nation by entering into, as approved by the Secretary, (d) CAPITAL COST ALLOCATIONS.— Municipal Pipeline facility or section of the a water delivery subcontract for a period of not (1) IN GENERAL.—For purposes of estimating Pipeline to the City of Farmington and the Na- less than 40 years beginning on the date on the capital repayment requirements of the tion after execution of a Project operations which the construction of any facility of the Project Participants under this section, the Sec- agreement approved by the Secretary, the Na- Project serving the City is completed, with— retary shall review and, as appropriate, update tion, and the City of Farmington that sets forth (A) the Nation, as authorized by the Contract; the Draft Impact Statement allocating capital (B) the Jicarilla Apache Nation, as authorized any terms and conditions that the Secretary de- construction costs for the Project. by the settlement contract between the United termines are necessary. (2) FINAL COST ALLOCATION.—The repayment States and the Jicarilla Apache Tribe, author- (2) CONVEYANCE TO THE CITY OF FARMINGTON contracts entered into with Project Participants ized by the Jicarilla Apache Tribe Water Rights OR NAVAJO NATION.—In conveying title to the under this section shall require that the Sec- Settlement Act (Public Law 102–441; 106 Stat. Navajo Nation Municipal Pipeline under this retary perform a final cost allocation when con- 2237); or subsection, the Secretary shall convey— struction of the Project is determined to be sub- (C) an acquired alternate source of water, (A) to the City of Farmington, the facilities stantially complete. subject to approval of the Secretary and the and any land or interest in land acquired by the (3) REPAYMENT OBLIGATION.—The Secretary State of New Mexico, acting through the New United States for the construction, operation, shall determine the repayment obligation of the Mexico Interstate Stream Commission and the and maintenance of the Pipeline that are lo- Project Participants based on the final cost allo- New Mexico State Engineer. cated within the corporate boundaries of the (c) JICARILLA APACHE NATION CONTRACT.— cation identifying reimbursable and nonreim- City; and (1) CONTRACT AUTHORIZATION.—Consistent bursable capital costs of the Project consistent (B) to the Nation, the facilities and any land with this subtitle, the Secretary is authorized to with this subtitle. or interests in land acquired by the United enter into a repayment contract with the (e) OPERATION, MAINTENANCE, AND REPLACE- States for the construction, operation, and Jicarilla Apache Nation that requires the MENT COST ALLOCATIONS.—For purposes of de- maintenance of the Pipeline that are located Jicarilla Apache Nation— termining the operation, maintenance, and re- outside the corporate boundaries of the City of (A) to repay, within a 50-year period, the placement obligations of the Project Partici- Farmington. share of any construction cost of the Jicarilla pants under this section, the Secretary shall re- (3) EFFECT OF CONVEYANCE.—The conveyance Apache Nation relating to the Project, with in- view and, as appropriate, update the Draft Im- of title to the Pipeline shall not affect the appli- terest as provided under section 10305; and pact Statement that allocates operation, mainte- cation of the Endangered Species Act of 1973 (16 (B) consistent with section 10603(g), to pay the nance, and replacement costs for the Project. U.S.C. 1531 et seq.) relating to the use of water operation, maintenance, and replacement costs (f) TEMPORARY WAIVERS OF PAYMENTS.— associated with the Animas-La Plata Project. of the Project that are allocable to the Jicarilla (1) IN GENERAL.—On the date on which the (4) LIABILITY.— Apache Nation. Secretary declares a section of the Project to be (A) IN GENERAL.—Effective on the date of the (2) CONTRACT PREPAYMENT.— substantially complete and delivery of water conveyance authorized by this subsection, the (A) IN GENERAL.—The contract authorized generated by and through that section of the United States shall not be held liable by any under paragraph (1) may allow the Jicarilla Project can be made to the Nation, the Secretary court for damages of any kind arising out of Apache Nation to satisfy the repayment obliga- may waive, for a period of not more than 10 any act, omission, or occurrence relating to the tion of the Jicarilla Apache Nation for construc- years, the operation, maintenance, and replace- land, buildings, or facilities conveyed under this tion costs of the Project on the payment of the ment costs allocable to the Nation for that sec- subsection, other than damages caused by acts share of the Jicarilla Apache Nation prior to the tion of the Project that the Secretary determines of negligence committed by the United States or initiation of construction. are in excess of the ability of the Nation to pay. by employees or agents of the United States (B) AMOUNT.—The amount of the share of (2) SUBSEQUENT PAYMENT BY NATION.—After a prior to the date of conveyance. Jicarilla Apache Nation described in subpara- waiver under paragraph (1), the Nation shall (B) TORT CLAIMS.—Nothing in this subsection graph (A) shall be determined by agreement be- pay all allocated operation, maintenance, and increases the liability of the United States be- tween the Secretary and the Jicarilla Apache replacement costs of that section of the Project. yond the liability provided under chapter 171 of Nation. (3) PAYMENT BY UNITED STATES.—Any oper- title 28, United States Code (commonly known (C) REPAYMENT OBLIGATION.—Any repayment ation, maintenance, or replacement costs waived as the ‘‘Federal Tort Claims Act’’). obligation established by the Secretary and the by the Secretary under paragraph (1) shall be (5) NOTICE OF PROPOSED CONVEYANCE.—Not Jicarilla Apache Nation pursuant to subpara- paid by the United States and shall be nonreim- later than 45 days before the date of a proposed graph (A) shall be subject to a final cost alloca- bursable. conveyance of title to the Pipeline, the Secretary tion by the Secretary on project completion and (4) EFFECT ON CONTRACTS.—Failure of the shall submit to the Committee on Natural Re- to the limitations set forth in paragraph (3). Secretary to waive costs under paragraph (1) be- sources of the House of Representatives and the

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Committee on Energy and Natural Resources of wells under paragraph (1) shall not affect the (2) ADJUSTMENTS.—The amount under para- the Senate, notice of the conveyance of the application of the Endangered Species Act of graph (1) shall be adjusted by such amounts as Pipeline. 1973 (16 U.S.C. 1531 et seq.). may be required by reason of changes since 2007 SEC. 10606. AUTHORIZATION OF CONJUNCTIVE (g) USE OF PROJECT FACILITIES.—The capac- in construction costs, as indicated by engineer- USE WELLS. ities of the treatment facilities, main pipelines, ing cost indices applicable to the types of con- (a) CONJUNCTIVE GROUNDWATER DEVELOP- and lateral pipelines of the Project authorized struction involved. MENT PLAN.—Not later than 1 year after the by section 10602(b) may be used to treat and (3) USE.—In addition to the uses authorized date of enactment of this Act, the Nation, in convey groundwater to Nation communities if under paragraph (1), amounts made available consultation with the Secretary, shall complete the Nation provides for payment of the oper- under that paragraph may be used for the con- a conjunctive groundwater development plan for ation, maintenance, and replacement costs asso- duct of related activities to comply with Federal the wells described in subsections (b) and (c). ciated with the use of the facilities or pipelines. environmental laws. (b) WELLS IN THE SAN JUAN RIVER BASIN.—In (h) LIMITATIONS.—The diversion and use of (4) OPERATION AND MAINTENANCE.— accordance with the conjunctive groundwater groundwater by wells constructed or rehabili- (A) IN GENERAL.—There are authorized to be development plan, the Secretary may construct tated under this section shall be made in a man- appropriated such sums as are necessary to op- or rehabilitate wells and related pipeline facili- ner consistent with applicable Federal and State erate and maintain the Project consistent with ties to provide capacity for the diversion and law. this subtitle. distribution of not more than 1,670 acre-feet of SEC. 10607. SAN JUAN RIVER NAVAJO IRRIGATION (B) EXPIRATION.—The authorization under groundwater in the San Juan River Basin in the PROJECTS. subparagraph (A) shall expire 10 years after the State of New Mexico for municipal and domestic (a) REHABILITATION.—Subject to subsection year the Secretary declares the Project to be uses. (b), the Secretary shall rehabilitate— substantially complete. (c) WELLS IN THE LITTLE COLORADO AND RIO (1) the Fruitland-Cambridge Irrigation Project (b) APPROPRIATIONS FOR CONJUNCTIVE USE GRANDE BASINS.— to serve not more than 3,335 acres of land, WELLS.— (1) IN GENERAL.—In accordance with the which shall be considered to be the total service- (1) SAN JUAN WELLS.—There is authorized to Project and conjunctive groundwater develop- able area of the project; and be appropriated to the Secretary for the con- ment plan for the Nation, the Secretary may (2) the Hogback-Cudei Irrigation Project to struction or rehabilitation and operation and construct or rehabilitate wells and related pipe- serve not more than 8,830 acres of land, which maintenance of conjunctive use wells under sec- line facilities to provide capacity for the diver- shall be considered to be the total serviceable tion 10606(b) $30,000,000, as adjusted under sion and distribution of— area of the project. paragraph (3), for the period of fiscal years 2009 (A) not more than 680 acre-feet of ground- (b) CONDITION.—The Secretary shall not com- through 2019. water in the Little Colorado River Basin in the mence any construction activity relating to the (2) WELLS IN THE LITTLE COLORADO AND RIO State of New Mexico; rehabilitation of the Fruitland-Cambridge Irri- GRANDE BASINS.—There are authorized to be ap- (B) not more than 80 acre-feet of groundwater gation Project or the Hogback-Cudei Irrigation propriated to the Secretary for the construction in the Rio Grande Basin in the State of New Project under subsection (a) until the Secretary or rehabilitation and operation and mainte- Mexico; and executes the Agreement. nance of conjunctive use wells under section (C) not more than 770 acre-feet of ground- (c) OPERATION, MAINTENANCE, AND REPLACE- 10606(c) such sums as are necessary for the pe- water in the Little Colorado River Basin in the MENT OBLIGATION.—The Nation shall continue riod of fiscal years 2009 through 2024. State of Arizona. to be responsible for the operation, mainte- (3) ADJUSTMENTS.—The amount under para- (2) USE.—Groundwater diverted and distrib- nance, and replacement of each facility rehabili- graph (1) shall be adjusted by such amounts as uted under paragraph (1) shall be used for mu- tated under this section. may be required by reason of changes since 2008 nicipal and domestic uses. SEC. 10608. OTHER IRRIGATION PROJECTS. in construction costs, as indicated by engineer- (d) ACQUISITION OF LAND.— (a) IN GENERAL.—Not later than 2 years after ing cost indices applicable to the types of con- (1) IN GENERAL.—Except as provided in para- the date of enactment of this Act, the Secretary, struction or rehabilitation involved. graph (2), the Secretary may acquire any land in consultation with the State of New Mexico (4) NONREIMBURSABLE EXPENDITURES.— or interest in land that is necessary for the con- (acting through the Interstate Stream Commis- Amounts made available under paragraphs (1) struction, operation, and maintenance of the sion) and the Non-Navajo Irrigation Districts and (2) shall be nonreimbursable to the United wells and related pipeline facilities authorized that elect to participate, shall— States. under subsections (b) and (c). (1) conduct a study of Non-Navajo Irrigation (5) USE.—In addition to the uses authorized (2) LIMITATION.—Nothing in this subsection District diversion and ditch facilities; and under paragraphs (1) and (2), amounts made authorizes the Secretary to condemn water (2) based on the study, identify and prioritize available under that paragraph may be used for rights for the purposes described in paragraph a list of projects, with associated cost estimates, the conduct of related activities to comply with (1). that are recommended to be implemented to re- Federal environmental laws. (e) CONDITION.—The Secretary shall not com- pair, rehabilitate, or reconstruct irrigation di- (6) LIMITATION.—Appropriations authorized mence any construction activity relating to the version and ditch facilities to improve water use under paragraph (1) shall not be used for oper- wells described in subsections (b) and (c) until efficiency. ation or maintenance of any conjunctive use the Secretary executes the Agreement. (b) GRANTS.—The Secretary may provide wells at a time in excess of 3 years after the well (f) CONVEYANCE OF WELLS.— grants to, and enter into cooperative agreements is declared substantially complete. (1) IN GENERAL.—On the determination of the with, the Non-Navajo Irrigation Districts to (c) SAN JUAN RIVER IRRIGATION PROJECTS.— Secretary that the wells and related facilities plan, design, or otherwise implement the (1) IN GENERAL.—There are authorized to be are substantially complete and delivery of water projects identified under subsection (a)(2). appropriated to the Secretary— generated by the wells can be made to the Na- (c) COST-SHARING.— (A) to carry out section 10607(a)(1), not more tion, an agreement with the Nation shall be en- (1) FEDERAL SHARE.—The Federal share of the than $7,700,000, as adjusted under paragraph tered into, to convey to the Nation title to— total cost of carrying out a project under sub- (2), for the period of fiscal years 2009 through (A) any well or related pipeline facility con- section (b) shall be not more than 50 percent, 2016, to remain available until expended; and structed or rehabilitated under subsections (a) and shall be nonreimbursable. (B) to carry out section 10607(a)(2), not more and (b) after the wells and related facilities (2) FORM.—The non-Federal share required than $15,400,000, as adjusted under paragraph have been completed; and under paragraph (1) may be in the form of in- (2), for the period of fiscal years 2009 through (B) any land or interest in land acquired by kind contributions, including the contribution 2019, to remain available until expended. the United States for the construction, oper- of any valuable asset or service that the Sec- (2) ADJUSTMENT.—The amounts made avail- ation, and maintenance of the well or related retary determines would substantially con- able under paragraph (1) shall be adjusted by pipeline facility. tribute to a project carried out under subsection such amounts as may be required by reason of (2) OPERATION, MAINTENANCE, AND REPLACE- (b). changes since January 1, 2004, in construction MENT.— (3) STATE CONTRIBUTION.—The Secretary may costs, as indicated by engineering cost indices (A) IN GENERAL.—The Secretary is authorized accept from the State of New Mexico a partial or applicable to the types of construction involved to pay operation and maintenance costs for the total contribution toward the non-Federal share in the rehabilitation. wells and related pipeline facilities authorized for a project carried out under subsection (b). (3) NONREIMBURSABLE EXPENDITURES.— under this subsection until title to the facilities SEC. 10609. AUTHORIZATION OF APPROPRIA- Amounts made available under this subsection is conveyed to the Nation. TIONS. shall be nonreimbursable to the United States. (B) SUBSEQUENT ASSUMPTION BY NATION.—On (a) AUTHORIZATION OF APPROPRIATIONS FOR (d) OTHER IRRIGATION PROJECTS.—There are completion of a conveyance of title under para- NAVAJO-GALLUP WATER SUPPLY PROJECT.— authorized to be appropriated to the Secretary graph (1), the Nation shall assume all responsi- (1) IN GENERAL.—There is authorized to be ap- to carry out section 10608 $11,000,000 for the pe- bility for the operation and maintenance of the propriated to the Secretary to plan, design, and riod of fiscal years 2009 through 2019. well or related pipeline facility conveyed. construct the Project $870,000,000 for the period (e) CULTURAL RESOURCES.— (3) EFFECT OF CONVEYANCE.—The conveyance of fiscal years 2009 through 2024, to remain (1) IN GENERAL.—The Secretary may use not of title to the Nation of the conjunctive use available until expended. more than 2 percent of amounts made available

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under subsections (a), (b), and (c) for the sur- amend the Contract if the Secretary determines (B) MAXIMUM TERM.—The term of any water vey, recovery, protection, preservation, and dis- that the amendment is— use subcontract (including a renewal) under play of archaeological resources in the area of a (A) consistent with the Agreement; and this subsection shall be not more than 99 years. Project facility or conjunctive use well. (B) in the interest of conserving water or fa- (3) NONINTERCOURSE ACT COMPLIANCE.—This (2) NONREIMBURSABLE EXPENDITURES.—Any cilitating beneficial use by the Nation or a sub- subsection— amounts made available under paragraph (1) contractor of the Nation. (A) provides congressional authorization for shall be nonreimbursable. (3) RIGHTS OF THE NATION.—The Nation may, the subcontracting rights of the Nation; and (f) FISH AND WILDLIFE FACILITIES.— under the Contract— (B) is deemed to fulfill any requirement that (1) IN GENERAL.—In association with the de- (A) use tail water, wastewater, and return may be imposed by section 2116 of the Revised velopment of the Project, the Secretary may use flows attributable to a use of the water by the Statutes (25 U.S.C. 177). not more than 4 percent of amounts made avail- Nation or a subcontractor of the Nation if— (4) FORFEITURE.—The nonuse of the water able under subsections (a), (b), and (c) to pur- (i) the depletion of water does not exceed the supply secured by a subcontractor of the Nation chase land and construct and maintain facilities quantities described in paragraph (1); and under this subsection shall not result in for- to mitigate the loss of, and improve conditions (ii) the use of tail water, wastewater, or re- feiture, abandonment, relinquishment, or other for the propagation of, fish and wildlife if any turn flows is consistent with the terms, condi- loss of any part of a right decreed to the Nation such purchase, construction, or maintenance tions, and limitations of the Agreement, and under the Contract or this section. will not affect the operation of any water any other applicable law; and (5) NO PER CAPITA PAYMENTS.—No part of the project or use of water. (B) change a point of diversion, change a pur- revenue from a water use subcontract under this (2) NONREIMBURSABLE EXPENDITURES.—Any pose or place of use, and transfer a right for de- subsection shall be distributed to any member of amounts expended under paragraph (1) shall be pletion under this subtitle (except for a point of the Nation on a per capita basis. nonreimbursable. diversion, purpose or place of use, or right for (d) WATER LEASES NOT REQUIRING SUB- PART IV—NAVAJO NATION WATER RIGHTS depletion for use in the State of Arizona under CONTRACTS.— section 10603(b)(2)(D)), to another use, purpose, SEC. 10701. AGREEMENT. (1) AUTHORITY OF NATION.— place, or depletion in the State of New Mexico to (a) AGREEMENT APPROVAL.— (A) IN GENERAL.—The Nation may lease, con- (1) APPROVAL BY CONGRESS.—Except to the ex- meet a water resource or economic need of the tract, or otherwise transfer to another party or tent that any provision of the Agreement con- Nation if— to another purpose or place of use in the State flicts with this subtitle, Congress approves, rati- (i) the change or transfer is subject to and of New Mexico (on or off land that is held by fies, and confirms the Agreement (including any consistent with the terms of the Agreement, the the United States in trust for the Nation or a amendments to the Agreement that are executed Partial Final Decree described in paragraph 3.0 member of the Nation or held in fee by the Na- to make the Agreement consistent with this sub- of the Agreement, the Contract, and any other tion) a water right that— title). applicable law; and (i) is decreed to the Nation under the Agree- (ii) a change or transfer of water use by the (2) EXECUTION BY SECRETARY.—The Secretary ment; and shall enter into the Agreement to the extent that Nation does not alter any obligation of the (ii) is not subject to the Contract. United States, the Nation, or another party to the Agreement does not conflict with this sub- (B) COMPLIANCE WITH OTHER LAW.—In car- title, including— pay or repay project construction, operation, rying out an action under this subsection, the (A) any exhibits to the Agreement requiring maintenance, or replacement costs under this Nation shall comply with the Agreement, the the signature of the Secretary; and subtitle and the Contract. Partial Final Decree described in paragraph 3.0 (c) SUBCONTRACTS.— (B) any amendments to the Agreement nec- of the Agreement, the Supplemental Partial (1) IN GENERAL.— essary to make the Agreement consistent with Final Decree described in paragraph 4.0 of the (A) SUBCONTRACTS BETWEEN NATION AND this subtitle. Agreement, and any other applicable law. THIRD PARTIES.—The Nation may enter into sub- (3) AUTHORITY OF SECRETARY.—The Secretary (2) ALIENATION; MAXIMUM TERM.— contracts for the delivery of Project water under may carry out any action that the Secretary de- (A) ALIENATION.—The Nation shall not per- the Contract to third parties for any beneficial termines is necessary or appropriate to imple- manently alienate any right granted to the Na- use in the State of New Mexico (on or off land ment the Agreement, the Contract, and this sec- tion under the Agreement. held by the United States in trust for the Nation tion. (B) MAXIMUM TERM.—The term of any water or a member of the Nation or land held in fee by (4) ADMINISTRATION OF NAVAJO RESERVOIR RE- use lease, contract, or other arrangement (in- the Nation). LEASES.—The State of New Mexico may admin- cluding a renewal) under this subsection shall ister water that has been released from storage (B) APPROVAL REQUIRED.—A subcontract en- tered into under subparagraph (A) shall not be be not more than 99 years. in Navajo Reservoir in accordance with sub- (3) NO LIABILITY.—The Secretary shall not be paragraph 9.1 of the Agreement. effective until approved by the Secretary in ac- cordance with this subsection and the Contract. liable to any party, including the Nation, for (b) WATER AVAILABLE UNDER CONTRACT.— any term of, or any loss or other detriment re- (1) QUANTITIES OF WATER AVAILABLE.— (C) SUBMITTAL.—The Nation shall submit to sulting from, a lease, contract, or other agree- (A) IN GENERAL.—Water shall be made avail- the Secretary for approval or disapproval any able annually under the Contract for projects in subcontract entered into under this subsection. ment entered into pursuant to this subsection. (4) NONINTERCOURSE ACT COMPLIANCE.—This the State of New Mexico supplied from the Nav- (D) DEADLINE.—The Secretary shall approve ajo Reservoir and the San Juan River (including or disapprove a subcontract submitted to the subsection— tributaries of the River) under New Mexico State Secretary under subparagraph (C) not later (A) provides congressional authorization for Engineer File Numbers 2849, 2883, and 3215 in than the later of— the lease, contracting, and transfer of any the quantities described in subparagraph (B). (i) the date that is 180 days after the date on water right described in paragraph (1)(A); and (B) WATER QUANTITIES.—The quantities of which the subcontract is submitted to the Sec- (B) is deemed to fulfill any requirement that water referred to in subparagraph (A) are as fol- retary; and may be imposed by the provisions of section 2116 lows: (ii) the date that is 60 days after the date on of the Revised Statutes (25 U.S.C. 177). which a subcontractor complies with— (5) FORFEITURE.—The nonuse of a water right Diversion Depletion (I) section 102(2)(C) of the National Environ- of the Nation by a lessee or contractor to the (acre-feet/ (acre-feet/ mental Policy Act of 1969 (42 U.S.C. 4332(2)(C)); Nation under this subsection shall not result in year) year) and forfeiture, abandonment, relinquishment, or other loss of any part of a right decreed to the Navajo Indian Irrigation (II) any other requirement of Federal law. Project 508,000 270,000 (E) ENFORCEMENT.—A party to a subcontract Nation under the Contract or this section. Navajo-Gallup Water Sup- may enforce the deadline described in subpara- (e) NULLIFICATION.— ply Project 22,650 20,780 (1) DEADLINES.— Animas-La Plata Project 4,680 2,340 graph (D) under section 1361 of title 28, United Total 535,330 293,120 States Code. (A) IN GENERAL.—In carrying out this section, (F) COMPLIANCE WITH OTHER LAW.—A sub- the following deadlines apply with respect to (C) MAXIMUM QUANTITY.—A diversion of contract described in subparagraph (A) shall implementation of the Agreement: water to the Nation under the Contract for a comply with the Agreement, the Partial Final (i) AGREEMENT.—Not later than December 31, project described in subparagraph (B) shall not Decree described in paragraph 3.0 of the Agree- 2010, the Secretary shall execute the Agreement. exceed the quantity of water necessary to sup- ment, and any other applicable law. (ii) CONTRACT.—Not later than December 31, ply the amount of depletion for the project. (G) NO LIABILITY.—The Secretary shall not be 2010, the Secretary and the Nation shall execute (D) TERMS, CONDITIONS, AND LIMITATIONS.— liable to any party, including the Nation, for the Contract. The diversion and use of water under the Con- any term of, or any loss or other detriment re- (iii) PARTIAL FINAL DECREE.—Not later than tract shall be subject to and consistent with the sulting from, a lease, contract, or other agree- December 31, 2013, the court in the stream adju- terms, conditions, and limitations of the Agree- ment entered into pursuant to this subsection. dication shall have entered the Partial Final ment, this subtitle, and any other applicable (2) ALIENATION.— Decree described in paragraph 3.0 of the Agree- law. (A) PERMANENT ALIENATION.—The Nation ment. (2) AMENDMENTS TO CONTRACT.—The Sec- shall not permanently alienate any right grant- (iv) FRUITLAND-CAMBRIDGE IRRIGATION retary, with the consent of the Nation, may ed to the Nation under the Contract. PROJECT.—Not later than December 31, 2016, the

VerDate Mar 15 2010 12:18 Aug 01, 2011 Jkt 079102 PO 00000 Frm 00126 Fmt 0688 Sfmt 6333 E:\BR09\H25MR9.005 H25MR9 erowe on DSK5CLS3C1PROD with BOUND RECORD March 25, 2009 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 7 8709 rehabilitation construction of the Fruitland- other river basins in the State of New Mexico for which, funds of the Nation remaining in the Cambridge Irrigation Project authorized under shall be forborne to the extent that the Nation Trust Fund will be used. section 10607(a)(1) shall be completed. supplies the uses for which the water rights (C) APPROVAL.—On receipt of an expenditure (v) SUPPLEMENTAL PARTIAL FINAL DECREE.— exist by diversions of water from the San Juan plan under subparagraph (A), the Secretary Not later than December 31, 2016, the court in River Basin under the Project consistent with shall approve the plan if the Secretary deter- the stream adjudication shall enter the Supple- subparagraph 9.13 of the Agreement. mines that the plan is reasonable and consistent mental Partial Final Decree described in sub- SEC. 10702. TRUST FUND. with this subtitle. paragraph 4.0 of the Agreement. (a) ESTABLISHMENT.—There is established in (5) ANNUAL REPORT.—The Nation shall submit (vi) HOGBACK-CUDEI IRRIGATION PROJECT.— the Treasury a fund to be known as the ‘‘Nav- to the Secretary an annual report that describes Not later than December 31, 2019, the rehabilita- ajo Nation Water Resources Development Trust any expenditures from the Trust Fund during tion construction of the Hogback-Cudei Irriga- Fund’’, consisting of— the year covered by the report. tion Project authorized under section 10607(a)(2) (1) such amounts as are appropriated to the (6) LIMITATION.—No portion of the amounts in shall be completed. Trust Fund under subsection (f); and the Trust Fund shall be distributed to any Na- (vii) TRUST FUND.—Not later than December (2) any interest earned on investment of tion member on a per capita basis. 31, 2019, the United States shall make all depos- amounts in the Trust Fund under subsection (7) CONDITIONS.—Any amount authorized to its into the Trust Fund under section 10702. (d). be appropriated to the Trust Fund under sub- (viii) CONJUNCTIVE WELLS.—Not later than De- (b) USE OF FUNDS.—The Nation may use section (f) shall not be available for expenditure cember 31, 2019, the funds authorized to be ap- amounts in the Trust Fund— or withdrawal— propriated under section 10609(b)(1) for the con- (1) to investigate, construct, operate, main- (A) before December 31, 2019; and junctive use wells authorized under section tain, or replace water project facilities, includ- (B) until the date on which the court in the 10606(b) should be appropriated. ing facilities conveyed to the Nation under this stream adjudication has entered— (ix) NAVAJO-GALLUP WATER SUPPLY PROJECT.— subtitle and facilities owned by the United (i) the Partial Final Decree; and Not later than December 31, 2024, the construc- States for which the Nation is responsible for (ii) the Supplemental Partial Final Decree. tion of all Project facilities shall be completed. operation, maintenance, and replacement costs; (f) AUTHORIZATION OF APPROPRIATIONS.— (B) EXTENSION.—A deadline described in sub- and There are authorized to be appropriated for de- paragraph (A) may be extended if the Nation, (2) to investigate, implement, or improve a posit in the Trust Fund— the United States (acting through the Sec- water conservation measure (including a meter- (1) $6,000,000 for each of fiscal years 2010 retary), and the State of New Mexico (acting ing or monitoring activity) necessary for the Na- through 2014; and through the New Mexico Interstate Stream Com- tion to make use of a water right of the Nation (2) $4,000,000 for each of fiscal years 2015 mission) agree that an extension is reasonably under the Agreement. through 2019. necessary. (c) MANAGEMENT.—The Secretary shall man- SEC. 10703. WAIVERS AND RELEASES. (2) REVOCABILITY OF AGREEMENT, CONTRACT age the Trust Fund, invest amounts in the Trust (a) CLAIMS BY THE NATION AND THE UNITED AND AUTHORIZATIONS.— Fund pursuant to subsection (d), and make STATES.—In return for recognition of the Na- (A) PETITION.—If the Nation determines that amounts available from the Trust Fund for dis- tion’s water rights and other benefits, including a deadline described in paragraph (1)(A) is not tribution to the Nation in accordance with the but not limited to the commitments by other par- substantially met, the Nation may submit to the American Indian Trust Fund Management Re- ties, as set forth in the Agreement and this sub- court in the stream adjudication a petition to form Act of 1994 (25 U.S.C. 4001 et seq.). title, the Nation, on behalf of itself and members enter an order terminating the Agreement and (d) INVESTMENT OF THE TRUST FUND.—Begin- of the Nation (other than members in the capac- Contract. ning on October 1, 2019, the Secretary shall in- ity of the members as allottees), and the United (B) TERMINATION.—On issuance of an order to vest amounts in the Trust Fund in accordance States acting in its capacity as trustee for the terminate the Agreement and Contract under with— Nation, shall execute a waiver and release of— subparagraph (A)— (1) the Act of April 1, 1880 (25 U.S.C. 161); (1) all claims for water rights in, or for waters (i) the Trust Fund shall be terminated; (2) the first section of the Act of June 24, 1938 of, the San Juan River Basin in the State of (ii) the balance of the Trust Fund shall be de- (25 U.S.C. 162a); and New Mexico that the Nation, or the United posited in the general fund of the Treasury; (3) the American Indian Trust Fund Manage- States as trustee for the Nation, asserted, or (iii) the authorizations for construction and ment Reform Act of 1994 (25 U.S.C. 4001 et seq.). could have asserted, in any proceeding, includ- rehabilitation of water projects under this sub- (e) CONDITIONS FOR EXPENDITURES AND WITH- ing but not limited to the stream adjudication, title shall be revoked and any Federal activity DRAWALS.— up to and including the effective date described related to that construction and rehabilitation (1) TRIBAL MANAGEMENT PLAN.— in subsection (e), except to the extent that such shall be suspended; and (A) IN GENERAL.—Subject to paragraph (7), on rights are recognized in the Agreement or this (iv) this part and parts I and III shall be null approval by the Secretary of a tribal manage- subtitle; and void. ment plan in accordance with the American In- (2) all claims for damages, losses, or injuries to (3) CONDITIONS NOT CAUSING NULLIFICATION OF dian Trust Fund Management Reform Act of water rights or claims of interference with, di- SETTLEMENT.— 1994 (25 U.S.C. 4001 et seq.), the Nation may version, or taking of water (including but not (A) IN GENERAL.—If a condition described in withdraw all or a portion of the amounts in the limited to claims for injury to lands resulting subparagraph (B) occurs, the Agreement and Trust Fund. from such damages, losses, injuries, interference Contract shall not be nullified or terminated. (B) REQUIREMENTS.—In addition to any re- with, diversion, or taking) in the San Juan (B) CONDITIONS.—The conditions referred to quirements under the American Indian Trust River Basin in the State of New Mexico that ac- in subparagraph (A) are as follows: Fund Management Reform Act of 1994 (25 crued at any time up to and including the effec- (i) A lack of right to divert at the capacities U.S.C. 4001 et seq.), the tribal management plan tive date described in subsection (e); of conjunctive use wells constructed or rehabili- shall require that the Nation only use amounts (3) all claims of any damage, loss, or injury or tated under section 10606. in the Trust Fund for the purposes described in for injunctive or other relief because of the con- (ii) A failure— subsection (b), including the identification of dition of or changes in water quality related to, (I) to determine or resolve an accounting of water conservation measures to be implemented or arising out of, the exercise of water rights; the use of water under this subtitle in the State in association with the agricultural water use of and of Arizona; the Nation. (4) all claims against the State of New Mexico, (II) to obtain a necessary water right for the (2) ENFORCEMENT.—The Secretary may take its agencies, or employees relating to the nego- consumptive use of water in Arizona; judicial or administrative action to enforce the tiation or the adoption of the Agreement. (III) to contract for the delivery of water for provisions of any tribal management plan to en- (b) CLAIMS BY THE NATION AGAINST THE use in Arizona; or sure that any amounts withdrawn from the UNITED STATES.—The Nation, on behalf of itself (IV) to construct and operate a lateral facility Trust Fund are used in accordance with this and its members (other than in the capacity of to deliver water to a community of the Nation in subtitle. the members as allottees), shall execute a waiver Arizona, under the Project. (3) NO LIABILITY.—Neither the Secretary nor and release of— (f) EFFECT ON RIGHTS OF INDIAN TRIBES.— the Secretary of the Treasury shall be liable for (1) all claims against the United States, its (1) IN GENERAL.—Except as provided in para- the expenditure or investment of any amounts agencies, or employees relating to claims for graph (2), nothing in the Agreement, the Con- withdrawn from the Trust Fund by the Nation. water rights in or waters of the San Juan River tract, or this section quantifies or adversely af- (4) EXPENDITURE PLAN.— Basin in the State of New Mexico that the fects the land and water rights, or claims or en- (A) IN GENERAL.—The Nation shall submit to United States, acting in its capacity as trustee titlements to water, of any Indian tribe or com- the Secretary for approval an expenditure plan for the Nation, asserted, or could have asserted, munity other than the rights, claims, or entitle- for any portion of the amounts in the Trust in any proceeding, including but not limited to ments of the Nation in, to, and from the San Fund made available under this section that the the stream adjudication; Juan River Basin in the State of New Mexico. Nation does not withdraw under this subsection. (2) all claims against the United States, its (2) EXCEPTION.—The right of the Nation to (B) DESCRIPTION.—The expenditure plan shall agencies, or employees relating to damages, use water under water rights the Nation has in describe the manner in which, and the purposes losses, or injuries to water, water rights, land,

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or natural resources due to loss of water or (2) DEADLINE.—If the deadlines described in of the East Fork of the Owyhee River in the water rights (including but not limited to dam- section 10701(e)(1)(A) have not been met by the State; ages, losses, or injuries to hunting, fishing, later of March 1, 2025, or the date of any exten- (3) to ratify and provide for the enforcement gathering, or cultural rights due to loss of water sion under section 10701(e)(1)(B)— of the Agreement among the parties to the litiga- or water rights; claims relating to inference (A) the waivers and releases described in sub- tion; with, diversion, or taking of water or water sections (a) and (b) shall be of no effect; and (4) to resolve the Tribes’ water-related claims rights; or claims relating to failure to protect, (B) section 10701(e)(2)(B) shall apply. for damages against the United States; acquire, replace, or develop water or water SEC. 10704. WATER RIGHTS HELD IN TRUST. (5) to require the Secretary to perform all obli- rights) in the San Juan River Basin in the State A tribal water right adjudicated and described gations of the Secretary under the Agreement of New Mexico that first accrued at any time up in paragraph 3.0 of the Partial Final Decree and and this subtitle; and to and including the effective date described in in paragraph 3.0 of the Supplemental Partial (6) to authorize the actions and appropria- subsection (e); Final Decree shall be held in trust by the United tions necessary to meet the obligations of the (3) all claims against the United States, its States on behalf of the Nation. United States under the Agreement and this agencies, or employees relating to the pending subtitle. Subtitle C—Shoshone-Paiute Tribes of the litigation of claims relating to the Nation’s Duck Valley Reservation Water Rights Set- SEC. 10803. DEFINITIONS. water rights in the stream adjudication; and tlement In this subtitle: (4) all claims against the United States, its (1) AGREEMENT.—The term ‘‘Agreement’’ agencies, or employees relating to the negotia- SEC. 10801. FINDINGS. means the agreement entitled the ‘‘Agreement to tion, execution, or the adoption of the Agree- Congress finds that— Establish the Relative Water Rights of the Sho- ment, the decrees, the Contract, or this subtitle. (1) it is the policy of the United States, in ac- shone-Paiute Tribes of the Duck Valley Res- (c) RESERVATION OF CLAIMS.—Notwith- cordance with the trust responsibility of the ervation and the Upstream Water Users, East standing the waivers and releases authorized in United States to Indian tribes, to promote In- Fork Owyhee River’’ and signed in counterpart this subtitle, the Nation on behalf of itself and dian self-determination and economic self-suffi- between, on, or about September 22, 2006, and its members (including members in the capacity ciency and to settle Indian water rights claims January 15, 2007 (including all attachments to of the members as allottees) and the United without lengthy and costly litigation, if prac- that Agreement). States acting in its capacity as trustee for the ticable; (2) DEVELOPMENT FUND.—The term ‘‘Develop- Nation and allottees, retain— (2) quantifying rights to water and develop- ment Fund’’ means the Shoshone-Paiute Tribes (1) all claims for water rights or injuries to ment of facilities needed to use tribal water sup- Water Rights Development Fund established by water rights arising out of activities occurring plies is essential to the development of viable In- section 10807(b)(1). outside the San Juan River Basin in the State of dian reservation economies and the establish- (3) EAST FORK OF THE OWYHEE RIVER.—The New Mexico, subject to paragraphs 8.0, 9.3, 9.12, ment of a permanent reservation homeland; term ‘‘East Fork of the Owyhee River’’ means 9.13, and 13.9 of the Agreement; (3) uncertainty concerning the extent of the the portion of the east fork of the Owyhee River (2) all claims for enforcement of the Agree- Shoshone-Paiute Tribes’ water rights has re- that is located in the State. ment, the Contract, the Partial Final Decree, sulted in limited access to water and inadequate (4) MAINTENANCE FUND.—The term ‘‘Mainte- the Supplemental Partial Final Decree, or this financial resources necessary to achieve self-de- nance Fund’’ means the Shoshone-Paiute Tribes subtitle, through any legal and equitable rem- termination and self-sufficiency; Operation and Maintenance Fund established edies available in any court of competent juris- (4) in 2006, the Tribes, the State of Idaho, the by section 10807(c)(1). diction; affected individual water users, and the United (5) RESERVATION.—The term ‘‘Reservation’’ (3) all rights to use and protect water rights States resolved all tribal claims to water rights means the Duck Valley Reservation established acquired pursuant to State law after the date of in the Snake River Basin Adjudication through by the Executive order dated April 16, 1877, as enactment of this Act; a consent decree entered by the District Court of adjusted pursuant to the Executive order dated (4) all claims relating to activities affecting the Fifth Judicial District of the State of Idaho, May 4, 1886, and Executive order numbered 1222 the quality of water not related to the exercise requiring no further Federal action to quantify and dated July 1, 1910, for use and occupation of water rights, including but not limited to any the Tribes’ water rights in the State of Idaho; by the Western Shoshones and the Paddy Cap claims the Nation might have under— (5) as of the date of enactment of this Act, Band of Paiutes. (A) the Comprehensive Environmental Re- proceedings to determine the extent and nature (6) SECRETARY.—The term ‘‘Secretary’’ means sponse, Compensation, and Liability Act of 1980 of the water rights of the Tribes in the East the Secretary of the Interior. (42 U.S.C. 9601 et seq.); Fork of the Owyhee River in Nevada are pend- (7) STATE.—The term ‘‘State’’ means the State (B) the Safe Drinking Water Act (42 U.S.C. ing before the Nevada State Engineer; of Nevada. 300f et seq.); and (6) final resolution of the Tribes’ water claims (C) the Federal Water Pollution Control Act (8) TRIBAL WATER RIGHTS.—The term ‘‘tribal in the East Fork of the Owyhee River adjudica- water rights’’ means rights of the Tribes de- (33 U.S.C. 1251 et seq.); tion will— (5) all claims relating to damages, losses, or scribed in the Agreement relating to water, in- (A) take many years; cluding groundwater, storage water, and sur- injuries to land or natural resources not due to (B) entail great expense; loss of water or water rights; and face water. (C) continue to limit the access of the Tribes (9) TRIBES.—The term ‘‘Tribes’’ means the (6) all rights, remedies, privileges, immunities, to water, with economic and social con- and powers not specifically waived and released Shoshone-Paiute Tribes of the Duck Valley Res- sequences; ervation. under the terms of the Agreement or this sub- (D) prolong uncertainty relating to the avail- title. (10) UPSTREAM WATER USER.—The term ‘‘up- ability of water supplies; and stream water user’’ means a non-Federal water (d) TOLLING OF CLAIMS.— (E) seriously impair long-term economic plan- (1) IN GENERAL.—Each applicable period of user that— ning and development for all parties to the liti- limitation and time-based equitable defense re- (A) is located upstream from the Reservation gation; lating to a claim described in this section shall on the East Fork of the Owyhee River; and (7) after many years of negotiation, the be tolled for the period beginning on the date of (B) is a signatory to the Agreement as a party Tribes, the State, and the upstream water users enactment of this Act and ending on the earlier to the East Fork of the Owyhee River adjudica- have entered into a settlement agreement to re- of— tion. solve permanently all water rights of the Tribes (A) March 1, 2025; or SEC. 10804. APPROVAL, RATIFICATION, AND CON- in the State; and (B) the effective date described in subsection FIRMATION OF AGREEMENT; AU- (8) the Tribes also seek to resolve certain (e). THORIZATION. water-related claims for damages against the (2) EFFECT OF SUBSECTION.—Nothing in this (a) IN GENERAL.—Except as provided in sub- subsection revives any claim or tolls any period United States. section (c) and except to the extent that the of limitation or time-based equitable defense SEC. 10802. PURPOSES. Agreement otherwise conflicts with provisions of that expired before the date of enactment of this The purposes of this subtitle are— this subtitle, the Agreement is approved, rati- Act. (1) to resolve outstanding issues with respect fied, and confirmed. (3) LIMITATION.—Nothing in this section pre- to the East Fork of the Owyhee River in the (b) SECRETARIAL AUTHORIZATION.—The Sec- cludes the tolling of any period of limitations or State in such a manner as to provide important retary is authorized and directed to execute the any time-based equitable defense under any benefits to— Agreement as approved by Congress. other applicable law. (A) the United States; (c) EXCEPTION FOR TRIBAL WATER MAR- (e) EFFECTIVE DATE.— (B) the State; KETING.—Notwithstanding any language in the (1) IN GENERAL.—The waivers and releases de- (C) the Tribes; and Agreement to the contrary, nothing in this sub- scribed in subsections (a) and (b) shall be effec- (D) the upstream water users; title authorizes the Tribes to use or authorize tive on the date on which the Secretary pub- (2) to achieve a fair, equitable, and final set- others to use tribal water rights off the Reserva- lishes in the Federal Register a statement of tlement of all claims of the Tribes, members of tion, other than use for storage at Wild Horse findings documenting that each of the deadlines the Tribes, and the United States on behalf of Reservoir for use on tribal land and for the allo- described in section 10701(e)(1) have been met. the Tribes and members of Tribes to the waters cation of 265 acre feet to upstream water users

VerDate Mar 15 2010 12:18 Aug 01, 2011 Jkt 079102 PO 00000 Frm 00128 Fmt 0688 Sfmt 6333 E:\BR09\H25MR9.005 H25MR9 erowe on DSK5CLS3C1PROD with BOUND RECORD March 25, 2009 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 7 8711 under the Agreement, or use on tribal land off (iii) For purposes of cultural preservation. shall retain any liability for the expenditure or the Reservation. (iv) To restore or improve fish or wildlife habi- investment of the amounts. (d) ENVIRONMENTAL COMPLIANCE.—Execution tat. (2) EXPENDITURE PLAN.— of the Agreement by the Secretary under this (v) For fish or wildlife production, water re- (A) IN GENERAL.—The Tribes shall submit to section shall not constitute major Federal action source development, or agricultural develop- the Secretary for approval an expenditure plan under the National Environmental Policy Act ment. for any portion of the amounts in the Funds (42 U.S.C. 4321 et seq.). The Secretary shall (vi) For water resource planning and develop- that the Tribes do not withdraw under the tribal carry out all environmental compliance required ment. management plan. by Federal law in implementing the Agreement. (vii) To pay the costs of— (B) DESCRIPTION.—The expenditure plan shall (e) PERFORMANCE OF OBLIGATIONS.—The Sec- (I) designing and constructing water supply describe the manner in which, and the purposes retary and any other head of a Federal agency and sewer systems for tribal communities, in- for which, amounts of the Tribes remaining in obligated under the Agreement shall perform ac- cluding a water quality testing laboratory; the Funds will be used. tions necessary to carry out an obligation under (II) other appropriate water-related projects (C) APPROVAL.—On receipt of an expenditure the Agreement in accordance with this subtitle. and other related economic development plan under subparagraph (A), the Secretary SEC. 10805. TRIBAL WATER RIGHTS. projects; shall approve the plan if the Secretary deter- (a) IN GENERAL.—Tribal water rights shall be (III) the development of a water code; and mines that the plan is reasonable and consistent held in trust by the United States for the benefit (IV) other costs of implementing the Agree- with this subtitle and the Agreement. of the Tribes. ment. (D) ANNUAL REPORT.—For each Fund, the (b) ADMINISTRATION.— (3) AUTHORIZATION OF APPROPRIATIONS.— Tribes shall submit to the Secretary an annual (1) ENACTMENT OF WATER CODE.—Not later There is authorized to be appropriated to the report that describes all expenditures from the than 3 years after the date of enactment of this Secretary for deposit in the Development Fund Fund during the year covered by the report. Act, the Tribes, in accordance with provisions of $9,000,000 for each of fiscal years 2010 through (3) FUNDING AGREEMENT.—Notwithstanding the Tribes’ constitution and subject to the ap- 2014. any other provision of this subtitle, on receipt of proval of the Secretary, shall enact a water code (c) MAINTENANCE FUND.— a request from the Tribes, the Secretary shall in- to administer tribal water rights. (1) ESTABLISHMENT.—There is established in clude an amount from funds made available (2) INTERIM ADMINISTRATION.—The Secretary the Treasury of the United States a fund to be under this section in the funding agreement of shall regulate the tribal water rights during the known as the ‘‘Shoshone-Paiute Tribes Oper- the Tribes under title IV of the Indian Self-De- period beginning on the date of enactment of ation and Maintenance Fund’’. termination and Education Assistance Act (25 this Act and ending on the date on which the (2) USE OF FUNDS.—The Tribes shall use U.S.C. 458aa et seq.), for use in accordance with Tribes enact a water code under paragraph (1). amounts in the Maintenance Fund to pay or subsections (b)(2) and (c)(2). No amount made (c) TRIBAL WATER RIGHTS NOT SUBJECT TO provide reimbursement for— available under this subtitle may be requested LOSS.—The tribal water rights shall not be sub- (A) operation, maintenance, and replacement until the waivers under section 10808(a) take ef- ject to loss by abandonment, forfeiture, or non- costs of the Duck Valley Indian Irrigation fect. use. Project and other water-related projects funded (g) NO PER CAPITA PAYMENTS.—No amount SEC. 10806. DUCK VALLEY INDIAN IRRIGATION under this subtitle; or from the Funds (including any interest income PROJECT. (B) operation, maintenance, and replacement that would have accrued to the Funds after the (a) STATUS OF THE DUCK VALLEY INDIAN IRRI- costs of water supply and sewer systems for trib- effective date) shall be distributed to a member GATION PROJECT.—Nothing in this subtitle shall al communities, including the operation and of the Tribes on a per capita basis. affect the status of the Duck Valley Indian Irri- maintenance costs of a water quality testing SEC. 10808. TRIBAL WAIVER AND RELEASE OF gation Project under Federal law. laboratory. CLAIMS. (b) CAPITAL COSTS NONREIMBURSABLE.—The (3) AUTHORIZATION OF APPROPRIATIONS.— (a) WAIVER AND RELEASE OF CLAIMS BY capital costs associated with the Duck Valley There is authorized to be appropriated to the TRIBES AND UNITED STATES ACTING AS TRUSTEE Indian Irrigation Project as of the date of enact- Secretary for deposit in the Maintenance Fund FOR TRIBES.—In return for recognition of the ment of this Act, including any capital cost in- $3,000,000 for each of fiscal years 2010 through Tribes’ water rights and other benefits as set curred with funds distributed under this subtitle 2014. forth in the Agreement and this subtitle, the for the Duck Valley Indian Irrigation Project, (d) AVAILABILITY OF AMOUNTS FROM FUNDS.— Tribes, on behalf of themselves and their mem- shall be nonreimbursable. Amounts made available under subsections bers, and the United States acting in its capac- SEC. 10807. DEVELOPMENT AND MAINTENANCE (b)(3) and (c)(3) shall be available for expendi- ity as trustee for the Tribes are authorized to FUNDS. ture or withdrawal only after the effective date execute a waiver and release of— (a) DEFINITION OF FUNDS.—In this section, the described in section 10808(d). (1) all claims for water rights in the State of term ‘‘Funds’’ means— (e) ADMINISTRATION OF FUNDS.—Upon comple- Nevada that the Tribes, or the United States (1) the Development Fund; and tion of the actions described in section 10808(d), acting in its capacity as trustee for the Tribes, (2) the Maintenance Fund. the Secretary, in accordance with the American asserted, or could have asserted, in any pro- (b) DEVELOPMENT FUND.— Indian Trust Fund Management Reform Act of ceeding, including pending proceedings before (1) ESTABLISHMENT.—There is established in 1994 (25 U.S.C. 4001 et seq.) shall manage the the Nevada State Engineer to determine the ex- the Treasury of the United States a fund to be Funds, including by investing amounts from the tent and nature of the water rights of the Tribes known as the ‘‘Shoshone-Paiute Tribes Water Funds in accordance with the Act of April 1, in the East Fork of the Owyhee River in Ne- Rights Development Fund’’. 1880 (25 U.S.C. 161), and the first section of the vada, up to and including the effective date, ex- (2) USE OF FUNDS.— Act of June 24, 1938 (25 U.S.C. 162a). cept to the extent that such rights are recog- (A) PRIORITY USE OF FUNDS FOR REHABILITA- (f) EXPENDITURES AND WITHDRAWAL.— nized in the Agreement or this subtitle; and TION.—The Tribes shall use amounts in the De- (1) TRIBAL MANAGEMENT PLAN.— (2) all claims for damages, losses or injuries to velopment Fund to— (A) IN GENERAL.—The Tribes may withdraw water rights or claims of interference with, di- (i) rehabilitate the Duck Valley Indian Irriga- all or part of amounts in the Funds on approval version or taking of water rights (including tion Project; or by the Secretary of a tribal management plan as claims for injury to lands resulting from such (ii) for other purposes under subparagraph described in the American Indian Trust Fund damages, losses, injuries, interference with, di- (B), provided that the Tribes have given written Management Reform Act of 1994 (25 U.S.C. 4001 version, or taking of water rights) within the notification to the Secretary that— et seq.). State of Nevada that accrued at any time up to (I) the Duck Valley Indian Irrigation Project (B) REQUIREMENTS.—In addition to the re- and including the effective date. has been rehabilitated to an acceptable condi- quirements under the American Indian Trust (b) WAIVER AND RELEASE OF CLAIMS BY tion; or Fund Management Reform Act of 1994 (25 TRIBES AGAINST UNITED STATES.—The Tribes, (II) sufficient funds will remain available U.S.C. 4001 et seq.), the tribal management plan on behalf of themselves and their members, are from the Development Fund to rehabilitate the shall require that the Tribes spend any amounts authorized to execute a waiver and release of— Duck Valley Indian Irrigation Project to an ac- withdrawn from the Funds in accordance with (1) all claims against the United States, its ceptable condition after expending funds for the purposes described in subsection (b)(2) or agencies, or employees, relating in any manner other purposes under subparagraph (B). (c)(2). to claims for water rights in or water of the (B) OTHER USES OF FUNDS.—Once the Tribes (C) ENFORCEMENT.—The Secretary may take States of Nevada and Idaho that the United have provided written notification as provided judicial or administrative action to enforce the States acting in its capacity as trustee for the in subparagraph (A)(ii)(I) or (A)(ii)(II), the provisions of any tribal management plan to en- Tribes asserted, or could have asserted, in any Tribes may use amounts from the Development sure that any amounts withdrawn from the proceeding, including pending proceedings be- Fund for any of the following purposes: Funds under the plan are used in accordance fore the Nevada State Engineer to determine the (i) To expand the Duck Valley Indian Irriga- with this subtitle and the Agreement. extent and nature of the water rights of the tion Project. (D) LIABILITY.—If the Tribes exercise the right Tribes in the East Fork of the Owyhee River in (ii) To pay or reimburse costs incurred by the to withdraw amounts from the Funds, neither Nevada, and the Snake River Basin Adjudica- Tribes in acquiring land and water rights. the Secretary nor the Secretary of the Treasury tion in Idaho;

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(2) all claims against the United States, its (e) FAILURE TO PUBLISH STATEMENT OF FIND- (A) interpret Federal law regarding the agencies, or employees relating in any manner INGS.—If the Secretary does not publish a state- health, safety, or the environment or determine to damages, losses, or injuries to water, water ment of findings under subsection (d) by March the duties of the United States or other parties rights, land, or other resources due to loss of 31, 2016— pursuant to such Federal law; or water or water rights (including damages, losses (1) the Agreement and this subtitle shall not (B) conduct judicial review of a Federal agen- or injuries to fishing and other similar rights take effect; and cy action. due to loss of water or water rights; claims relat- (2) any funds that have been appropriated TITLE XI—UNITED STATES GEOLOGICAL ing to interference with, diversion or taking of under this subtitle shall immediately revert to SURVEY AUTHORIZATIONS water; or claims relating to failure to protect, the general fund of the United States Treasury. (f) TOLLING OF CLAIMS.— SEC. 11001. REAUTHORIZATION OF THE NA- acquire, replace, or develop water, water rights TIONAL GEOLOGIC MAPPING ACT OF (1) IN GENERAL.—Each applicable period of or water infrastructure) within the States of Ne- 1992. limitation and time-based equitable defense re- vada and Idaho that first accrued at any time (a) FINDINGS.—Section 2(a) of the National lating to a claim described in this section shall up to and including the effective date; Geologic Mapping Act of 1992 (43 U.S.C. 31a(a)) be tolled for the period beginning on the date of (3) all claims against the United States, its is amended— enactment of this Act and ending on the date on agencies, or employees relating to the operation, (1) by striking paragraph (1) and inserting the which the amounts authorized to be appro- maintenance, or rehabilitation of the Duck Val- following: ley Indian Irrigation Project that first accrued priated under subsections (b)(3) and (c)(3) of ‘‘(1) although significant progress has been at any time up to and including the date upon section 10807 are appropriated. made in the production of geologic maps since (2) EFFECT OF SUBPARAGRAPH.—Nothing in which the Tribes notify the Secretary as pro- the establishment of the national cooperative this subparagraph revives any claim or tolls any vided in section 10807(b)(2)(A)(ii)(I) that the re- geologic mapping program in 1992, no modern, period of limitation or time-based equitable de- habilitation of the Duck Valley Indian Irriga- digital, geologic map exists for approximately 75 fense that expired before the date of enactment tion Project under this subtitle to an acceptable percent of the United States;’’; and of this Act. level has been accomplished; (2) in paragraph (2)— (4) all claims against the United States, its SEC. 10809. MISCELLANEOUS. (A) in subparagraph (C), by inserting ‘‘home- agencies, or employees relating in any manner (a) GENERAL DISCLAIMER.—The parties to the land and’’ after ‘‘planning for’’; to the litigation of claims relating to the Tribes’ Agreement expressly reserve all rights not spe- (B) in subparagraph (E), by striking ‘‘pre- water rights in pending proceedings before the cifically granted, recognized, or relinquished dicting’’ and inserting ‘‘identifying’’; Nevada State Engineer to determine the extent by— (C) in subparagraph (I), by striking ‘‘and’’ (1) the settlement described in the Agreement; and nature of the water rights of the Tribes in after the semicolon at the end; or the East Fork of the Owyhee River in Nevada or (D) by redesignating subparagraph (J) as sub- (2) this subtitle. paragraph (K); and the Snake River Basin Adjudication in Idaho; (b) LIMITATION OF CLAIMS AND RIGHTS.— and (E) by inserting after subparagraph (I) the Nothing in this subtitle— following: (5) all claims against the United States, its (1) establishes a standard for quantifying— ‘‘(J) recreation and public awareness; and’’; agencies, or employees relating in any manner (A) a Federal reserved water right; to the negotiation, execution, or adoption of the (B) an aboriginal claim; or and Agreement, exhibits thereto, the decree referred (C) any other water right claim of an Indian (3) in paragraph (9), by striking ‘‘important’’ to in subsection (d)(2), or this subtitle. tribe in a judicial or administrative proceeding; and inserting ‘‘available’’. URPOSE (c) RESERVATION OF RIGHTS AND RETENTION (2) affects the ability of the United States, act- (b) P .—Section 2(b) of the National OF CLAIMS.—Notwithstanding the waivers and ing in its sovereign capacity, to take actions au- Geologic Mapping Act of 1992 (43 U.S.C. 31a(b)) releases authorized in this subtitle, the Tribes thorized by law, including any laws relating to is amended by inserting ‘‘and management’’ be- on their own behalf and the United States act- health, safety, or the environment, including fore the period at the end. ing in its capacity as trustee for the Tribes re- the Comprehensive Environmental Response, (c) DEADLINES FOR ACTIONS BY THE UNITED tain— Compensation, and Liability Act of 1980 (42 STATES GEOLOGICAL SURVEY.—Section 4(b)(1) of (1) all claims for enforcement of the Agree- U.S.C. 9601 et seq.), the Safe Drinking Water the National Geologic Mapping Act of 1992 (43 ment, the decree referred to in subsection (d)(2), Act (42 U.S.C. 300f et seq.), the Federal Water U.S.C. 31c(b)(1)) is amended in the second sen- or this subtitle, through such legal and equi- Pollution Control Act (33 U.S.C. 1251 et seq.), tence— (1) in subparagraph (A), by striking ‘‘not later table remedies as may be available in the decree the Solid Waste Disposal Act (42 U.S.C. 6901 et than’’ and all that follows through the semi- court or the appropriate Federal court; seq.) (commonly known as the ‘‘Resource Con- colon and inserting ‘‘not later than 1 year after (2) all rights to acquire a water right in a servation and Recovery Act of 1976’’), and the the date of enactment of the Omnibus Public State to the same extent as any other entity in regulations implementing those Acts; Land Management Act of 2009;’’; the State, in accordance with State law, and to (3) affects the ability of the United States to (2) in subparagraph (B), by striking ‘‘not later use and protect water rights acquired after the take actions, acting in its capacity as trustee for than’’ and all that follows through ‘‘in accord- date of enactment of this Act; any other Tribe, Pueblo, or allottee; ance’’ and inserting ‘‘not later than 1 year after (3) all claims relating to activities affecting (4) waives any claim of a member of the Tribes the date of enactment of the Omnibus Public the quality of water including any claims the in an individual capacity that does not derive Land Management Act of 2009 in accordance’’; Tribes might have under the Comprehensive En- from a right of the Tribes; or (5) limits the right of a party to the Agreement and vironmental Response, Compensation, and Li- (3) in the matter preceding clause (i) of sub- ability Act of 1980 (42 U.S.C. 9601 et seq.) (in- to litigate any issue not resolved by the Agree- ment or this subtitle. paragraph (C), by striking ‘‘not later than’’ and cluding claims for damages to natural re- all that follows through ‘‘submit’’ and inserting sources), the Safe Drinking Water Act (42 U.S.C. (c) ADMISSION AGAINST INTEREST.—Nothing in this subtitle constitutes an admission against in- ‘‘submit biennially’’. 300f et seq.), the Federal Water Pollution Con- (d) GEOLOGIC MAPPING PROGRAM OBJEC- trol Act (33 U.S.C. 1251 et seq.), and the regula- terest by a party in any legal proceeding. (d) RESERVATION.—The Reservation shall be— TIVES.—Section 4(c)(2) of the National Geologic tions implementing those Acts; and (1) considered to be the property of the Tribes; Mapping Act of 1992 (43 U.S.C. 31c(c)(2)) is (4) all rights, remedies, privileges, immunities, and amended— and powers not specifically waived and released (2) permanently held in trust by the United (1) by striking ‘‘geophysical-map data base, pursuant to this subtitle. States for the sole use and benefit of the Tribes. geochemical-map data base, and a’’; and (d) EFFECTIVE DATE.—Notwithstanding any- (e) JURISDICTION.— (2) by striking ‘‘provide’’ and inserting ‘‘pro- thing in the Agreement to the contrary, the (1) SUBJECT MATTER JURISDICTION.—Nothing vides’’. waivers by the Tribes, or the United States on in the Agreement or this subtitle restricts, en- (e) GEOLOGIC MAPPING PROGRAM COMPO- behalf of the Tribes, under this section shall larges, or otherwise determines the subject mat- NENTS.—Section 4(d)(1)(B)(ii) of the National take effect on the date on which the Secretary ter jurisdiction of any Federal, State, or tribal Geologic Mapping Act of 1992 (43 U.S.C. publishes in the Federal Register a statement of court. 31c(d)(1)(B)(ii)) is amended— findings that includes a finding that— (2) CIVIL OR REGULATORY JURISDICTION.— (1) in subclause (I), by striking ‘‘and’’ after (1) the Agreement and the waivers and re- Nothing in the Agreement or this subtitle im- the semicolon at the end; leases authorized and set forth in subsections pairs or impedes the exercise of any civil or reg- (2) in subclause (II), by striking the period at (a) and (b) have been executed by the parties ulatory authority of the United States, the the end and inserting ‘‘; and’’; and and the Secretary; State, or the Tribes. (3) by adding at the end the following: (2) the Fourth Judicial District Court, Elko (3) CONSENT TO JURISDICTION.—The United ‘‘(III) the needs of land management agencies County, Nevada, has issued a judgment and de- States consents to jurisdiction in a proper forum of the Department of the Interior.’’. cree consistent with the Agreement from which for purposes of enforcing the provisions of the (f) GEOLOGIC MAPPING ADVISORY COM- no further appeal can be taken; and Agreement. MITTEE.— (3) the amounts authorized under subsections (4) EFFECT OF SUBSECTION.—Nothing in this (1) MEMBERSHIP.—Section 5(a) of the National (b)(3) and (c)(3) of section 10807 have been ap- subsection confers jurisdiction on any State Geologic Mapping Act of 1992 (43 U.S.C. 31d(a)) propriated. court to— is amended—

VerDate Mar 15 2010 12:18 Aug 01, 2011 Jkt 079102 PO 00000 Frm 00130 Fmt 0688 Sfmt 6333 E:\BR09\H25MR9.005 H25MR9 erowe on DSK5CLS3C1PROD with BOUND RECORD March 25, 2009 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 7 8713 (A) in paragraph (2)— this section and any other applicable law, con- (4) develop and implement, in consultation (i) by inserting ‘‘the Secretary of the Interior duct a study of water resources in the State, in- with the National Science Foundation, a trans- or a designee from a land management agency cluding— parent, competitive process for merit-based peer- of the Department of the Interior,’’ after ‘‘Ad- (1) a survey of groundwater resources, includ- review and approval of proposals for activities ministrator of the Environmental Protection ing an analysis of— to be conducted under this program, taking into Agency or a designee,’’; (A) aquifers in the State, including the quan- consideration advice of the Board established (ii) by inserting ‘‘and’’ after ‘‘Energy or a des- tity of water in the aquifers; under section 12005; ignee,’’; and (B) the availability of groundwater resources (5) enhance the technical capability of the (iii) by striking ‘‘, and the Assistant to the for human use; United States marine science community by pro- President for Science and Technology or a des- (C) the salinity of groundwater resources; moting the development of improved oceano- ignee’’; and (D) the potential of the groundwater resources graphic research, communication, navigation, (B) in paragraph (3)— to recharge; and data collection systems, as well as under- (i) by striking ‘‘Not later than’’ and all that (E) the interaction between groundwater and water platforms and sensor and autonomous ve- follows through ‘‘consultation’’ and inserting surface water; hicles; and ‘‘In consultation’’; (F) the susceptibility of the aquifers to con- (6) establish an ocean exploration forum to (ii) by striking ‘‘Chief Geologist, as Chair- tamination; and encourage partnerships and promote commu- man’’ and inserting ‘‘Associate Director for Ge- (G) any other relevant criteria; and nication among experts and other stakeholders (2) a characterization of surface and bedrock ology, as Chair’’; and in order to enhance the scientific and technical geology, including the effect of the geology on (iii) by striking ‘‘one representative from the expertise and relevance of the national program. groundwater yield and quality. private sector’’ and inserting ‘‘2 representatives (b) DONATIONS.—The Administrator may ac- (b) STUDY AREAS.—The study carried out from the private sector’’. cept donations of property, data, and equipment under subsection (a) shall include the Estancia (2) DUTIES.—Section 5(b) of the National Geo- to be applied for the purpose of exploring the Basin, Salt Basin, Tularosa Basin, Hueco logic Mapping Act of 1992 (43 U.S.C. 31d(b)) is oceans or increasing knowledge of the oceans. Basin, and middle Rio Grande Basin in the amended— SEC. 12004. OCEAN EXPLORATION AND UNDERSEA State. (A) in paragraph (2), by striking ‘‘and’’ at the RESEARCH TECHNOLOGY AND IN- (c) REPORT.—Not later than 2 years after the FRASTRUCTURE TASK FORCE. end; date of enactment of this Act, the Secretary (B) by redesignating paragraph (3) as para- (a) IN GENERAL.—The Administrator of the shall submit to the Committee on Energy and National Oceanic and Atmospheric Administra- graph (4); and Natural Resources of the Senate and the Com- (C) by inserting after paragraph (2) the fol- tion, in coordination with the National Science mittee on Resources of the House of Representa- Foundation, the National Aeronautics and lowing: tives a report that describes the results of the ‘‘(3) provide a scientific overview of geologic Space Administration, the United States Geo- study. logical Survey, the Department of the Navy, the maps (including maps of geologic-based haz- (d) AUTHORIZATION OF APPROPRIATIONS.— ards) used or disseminated by Federal agencies Mineral Management Service, and relevant gov- There are authorized to be appropriated such ernmental, non-governmental, academic, indus- for regulation or land-use planning; and’’. sums as are necessary to carry out this section. (3) CONFORMING AMENDMENT.—Section 5(a)(1) try, and other experts, shall convene an ocean of the National Geologic Mapping Act of 1992 TITLE XII—OCEANS exploration and undersea research technology (43 U.S.C. 31d(a)(1)) is amended by striking ‘‘10- Subtitle A—Ocean Exploration and infrastructure task force to develop and im- member’’ and inserting ‘‘11-member’’. PART I—EXPLORATION plement a strategy— (1) to facilitate transfer of new exploration (g) FUNCTIONS OF NATIONAL GEOLOGIC-MAP SEC. 12001. PURPOSE. and undersea research technology to the pro- DATABASE.—Section 7(a) of the National Geo- The purpose of this part is to establish the na- grams authorized under this part and part II of logic Mapping Act of 1992 (43 U.S.C. 31f(a)) is tional ocean exploration program and the na- this subtitle; amended— tional undersea research program within the (2) to improve availability of communications (1) in paragraph (1), by striking ‘‘geologic National Oceanic and Atmospheric Administra- infrastructure, including satellite capabilities, to map’’ and inserting ‘‘geologic-map’’; and tion. such programs; (2) in paragraph (2), by striking subparagraph SEC. 12002. PROGRAM ESTABLISHED. (A) and inserting the following: (3) to develop an integrated, workable, and The Administrator of the National Oceanic comprehensive data management information ‘‘(A) all maps developed with funding pro- and Atmospheric Administration shall, in con- vided by the National Cooperative Geologic processing system that will make information on sultation with the National Science Foundation unique and significant features obtained by Mapping Program, including under the Federal, and other appropriate Federal agencies, estab- State, and education components;’’. such programs available for research and man- lish a coordinated national ocean exploration agement purposes; (h) BIENNIAL REPORT.—Section 8 of the Na- program within the National Oceanic and At- (4) to conduct public outreach activities that tional Geologic Mapping Act of 1992 (43 U.S.C. mospheric Administration that promotes collabo- improve the public understanding of ocean 31g) is amended by striking ‘‘Not later’’ and all ration with other Federal ocean and undersea science, resources, and processes, in conjunction that follows through ‘‘biennially’’ and inserting research and exploration programs. To the ex- with relevant programs of the National Oceanic ‘‘Not later than 3 years after the date of enact- tent appropriate, the Administrator shall seek to and Atmospheric Administration, the National ment of the Omnibus Public Land Management facilitate coordination of data and information Science Foundation, and other agencies; and Act of 2009 and biennially’’. management systems, outreach and education (5) to encourage cost-sharing partnerships (i) AUTHORIZATION OF APPROPRIATIONS; ALLO- programs to improve public understanding of with governmental and nongovernmental enti- CATION.—Section 9 of the National Geologic ocean and coastal resources, and development ties that will assist in transferring exploration Mapping Act of 1992 (43 U.S.C. 31h) is amend- and transfer of technologies to facilitate ocean and undersea research technology and technical ed— and undersea research and exploration. expertise to the programs. (1) by striking subsection (a) and inserting the SEC. 12003. POWERS AND DUTIES OF THE ADMIN- (b) BUDGET COORDINATION.—The task force following: ISTRATOR. shall coordinate the development of agency ‘‘(a) IN GENERAL.—There is authorized to be (a) IN GENERAL.—In carrying out the program budgets and identify the items in their annual appropriated to carry out this Act $64,000,000 for authorized by section 12002, the Administrator budget that support the activities identified in each of fiscal years 2009 through 2018.’’; and of the National Oceanic and Atmospheric Ad- the strategy developed under subsection (a). (2) in subsection (b)— ministration shall— SEC. 12005. OCEAN EXPLORATION ADVISORY (A) in the matter preceding paragraph (1), by (1) conduct interdisciplinary voyages or other BOARD. striking ‘‘2000’’ and inserting ‘‘2005’’; scientific activities in conjunction with other (a) ESTABLISHMENT.—The Administrator of (B) in paragraph (1), by striking ‘‘48’’ and in- Federal agencies or academic or educational in- the National Oceanic and Atmospheric Adminis- serting ‘‘50’’; and stitutions, to explore and survey little known tration shall appoint an Ocean Exploration Ad- (C) in paragraph (2), by striking 2 and insert- areas of the marine environment, inventory, ob- visory Board composed of experts in relevant ing ‘‘4’’. serve, and assess living and nonliving marine fields— SEC. 11002. NEW MEXICO WATER RESOURCES resources, and report such findings; (1) to advise the Administrator on priority STUDY. (2) give priority attention to deep ocean re- areas for survey and discovery; (a) IN GENERAL.—The Secretary of the Inte- gions, with a focus on deep water marine sys- (2) to assist the program in the development of rior, acting through the Director of the United tems that hold potential for important scientific a 5-year strategic plan for the fields of ocean, States Geological Survey (referred to in this sec- discoveries, such as hydrothermal vent commu- marine, and Great Lakes science, exploration, tion as the ‘‘Secretary’’), in coordination with nities and seamounts; and discovery; the State of New Mexico (referred to in this sec- (3) conduct scientific voyages to locate, define, (3) to annually review the quality and effec- tion as the ‘‘State’’) and any other entities that and document historic shipwrecks, submerged tiveness of the proposal review process estab- the Secretary determines to be appropriate (in- sites, and other ocean exploration activities that lished under section 12003(a)(4); and cluding other Federal agencies and institutions combine archaeology and oceanographic (4) to provide other assistance and advice as of higher education), shall, in accordance with sciences; requested by the Administrator.

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(b) FEDERAL ADVISORY COMMITTEE ACT.—Sec- SEC. 12105. RESEARCH, EXPLORATION, EDU- (B) $7,321,000 for the National Technology In- tion 14 of the Federal Advisory Committee Act (5 CATION, AND TECHNOLOGY PRO- stitute; U.S.C. App.) shall not apply to the Board ap- GRAMS. (5) for fiscal year 2013— pointed under subsection (a). (a) IN GENERAL.—The following research, ex- (A) $20,131,000 for the regional centers, of (c) APPLICATION WITH OUTER CONTINENTAL ploration, education, and technology programs which 50 percent shall be for West Coast re- SHELF LANDS ACT.—Nothing in part supersedes, shall be conducted through the network of re- gional centers and 50 percent shall be for East or limits the authority of the Secretary of the gional centers and the National Institute for Coast regional centers; and Interior under the Outer Continental Shelf Undersea Science and Technology: (B) $8,053,000 for the National Technology In- Lands Act (43 U.S.C. 1331 et seq.). (1) Core research and exploration based on stitute; national and regional undersea research prior- (6) for fiscal year 2014— SEC. 12006. AUTHORIZATION OF APPROPRIA- ities. (A) $22,145,000 for the regional centers, of TIONS. (2) Advanced undersea technology develop- which 50 percent shall be for West Coast re- There are authorized to be appropriated to the ment to support the National Oceanic and At- gional centers and 50 percent shall be for East National Oceanic and Atmospheric Administra- mospheric Administration’s research mission Coast regional centers; and tion to carry out this part— and programs. (B) $8,859,000 for the National Technology In- (1) $33,550,000 for fiscal year 2009; (3) Undersea science-based education and out- stitute; and (2) $36,905,000 for fiscal year 2010; reach programs to enrich ocean science edu- (7) for fiscal year 2015— (A) $24,359,000 for the regional centers, of (3) $40,596,000 for fiscal year 2011; cation and public awareness of the oceans and which 50 percent shall be for West Coast re- (4) $44,655,000 for fiscal year 2012; Great Lakes. gional centers and 50 percent shall be for East (5) $49,121,000 for fiscal year 2013; (4) Development, testing, and transition of ad- Coast regional centers; and (6) $54,033,000 for fiscal year 2014; and vanced undersea technology associated with (B) $9,744,000 for the National Technology In- (7) $59,436,000 for fiscal year 2015. ocean observatories, submersibles, advanced div- stitute. ing technologies, remotely operated vehicles, au- PART II—NOAA UNDERSEA RESEARCH Subtitle B—Ocean and Coastal Mapping PROGRAM ACT OF 2009 tonomous underwater vehicles, and new sam- pling and sensing technologies. Integration Act SEC. 12101. SHORT TITLE. (5) Discovery, study, and development of nat- SEC. 12201. SHORT TITLE. This part may be cited as the ‘‘NOAA Under- ural resources and products from ocean, coastal, This subtitle may be cited as the ‘‘Ocean and sea Research Program Act of 2009’’. and aquatic systems. Coastal Mapping Integration Act’’. SEC. 12102. PROGRAM ESTABLISHED. (b) OPERATIONS.—The Director of the pro- SEC. 12202. ESTABLISHMENT OF PROGRAM. (a) IN GENERAL.—The President, in coordina- (a) IN GENERAL.—The Administrator of the gram, through operation of the extramural re- National Oceanic and Atmospheric Administra- gional centers and the National Institute for tion with the Interagency Committee on Ocean tion shall establish and maintain an undersea Undersea Science and Technology, shall lever- and Coastal Mapping and affected coastal research program and shall designate a Director age partnerships and cooperative research with states, shall establish a program to develop a co- of that program. academia and private industry. ordinated and comprehensive Federal ocean and coastal mapping plan for the Great Lakes and (b) PURPOSE.—The purpose of the program is SEC. 12106. COMPETITIVENESS. coastal state waters, the territorial sea, the ex- to increase scientific knowledge essential for the (a) DISCRETIONARY FUND.—The Program shall clusive economic zone, and the continental shelf informed management, use, and preservation of allocate no more than 10 percent of its annual of the United States that enhances ecosystem oceanic, marine, and coastal areas and the budget to a discretionary fund that may be used approaches in decision-making for conservation Great Lakes. only for program administration and priority and management of marine resources and habi- SEC. 12103. POWERS OF PROGRAM DIRECTOR. undersea research projects identified by the Di- rector but not covered by funding available from tats, establishes research and mapping prior- The Director of the program, in carrying out centers. ities, supports the siting of research and other the program, shall— (b) COMPETITIVE SELECTION.—The Adminis- platforms, and advances ocean and coastal (1) cooperate with institutions of higher edu- trator shall conduct an initial competition to se- science. EMBERSHIP.—The Committee shall be cation and other educational marine and ocean lect the regional centers that will participate in (b) M comprised of high-level representatives of the science organizations, and shall make available the program 90 days after the publication of the Department of Commerce, through the National undersea research facilities, equipment, tech- final program direction under section 12104 and Oceanic and Atmospheric Administration, the nologies, information, and expertise to support every 5 years thereafter. Funding for projects Department of the Interior, the National Science undersea research efforts by these organiza- conducted through the regional centers shall be Foundation, the Department of Defense, the En- tions; awarded through a competitive, merit-reviewed vironmental Protection Agency, the Department (2) enter into partnerships, as appropriate and process on the basis of their relevance to the of Homeland Security, the National Aeronautics using existing authorities, with the private sec- goals of the program and their technical feasi- and Space Administration, and other appro- tor to achieve the goals of the program and to bility. promote technological advancement of the ma- priate Federal agencies involved in ocean and rine industry; and SEC. 12107. AUTHORIZATION OF APPROPRIA- coastal mapping. TIONS. (c) PROGRAM PARAMETERS.—In developing (3) coordinate the development of agency There are authorized to be appropriated to the budgets and identify the items in their annual such a program, the President, through the National Oceanic and Atmospheric Administra- Committee, shall— budget that support the activities described in tion— paragraphs (1) and (2). (1) identify all Federal and federally-funded (1) for fiscal year 2009— programs conducting shoreline delineation and SEC. 12104. ADMINISTRATIVE STRUCTURE. (A) $13,750,000 for the regional centers, of ocean or coastal mapping, noting geographic (a) IN GENERAL.—The program shall be con- which 50 percent shall be for West Coast re- coverage, frequency, spatial coverage, resolu- ducted through a national headquarters, a net- gional centers and 50 percent shall be for East tion, and subject matter focus of the data and work of extramural regional undersea research Coast regional centers; and location of data archives; centers that represent all relevant National Oce- (B) $5,500,000 for the National Technology In- (2) facilitate cost-effective, cooperative map- anic and Atmospheric Administration regions, stitute; ping efforts that incorporate policies for con- and the National Institute for Undersea Science (2) for fiscal year 2010— tracting with non-governmental entities among and Technology. (A) $15,125,000 for the regional centers, of all Federal agencies conducting ocean and (b) DIRECTION.—The Director shall develop which 50 percent shall be for West Coast re- coastal mapping, by increasing data sharing, the overall direction of the program in coordina- gional centers and 50 percent shall be for East developing appropriate data acquisition and tion with a Council of Center Directors com- Coast regional centers; and metadata standards, and facilitating the inter- prised of the directors of the extramural regional (B) $6,050,000 for the National Technology In- operability of in situ data collection systems, centers and the National Institute for Undersea stitute; data processing, archiving, and distribution of Science and Technology. The Director shall (3) for fiscal year 2011— data products; publish a draft program direction document not (A) $16,638,000 for the regional centers, of (3) facilitate the adaptation of existing tech- later than 1 year after the date of enactment of which 50 percent shall be for West Coast re- nologies as well as foster expertise in new ocean this Act in the Federal Register for a public gional centers and 50 percent shall be for East and coastal mapping technologies, including comment period of not less than 120 days. The Coast regional centers; and through research, development, and training Director shall publish a final program direction, (B) $6,655,000 for the National Technology In- conducted among Federal agencies and in co- including responses to the comments received stitute; operation with non-governmental entities; during the public comment period, in the Fed- (4) for fiscal year 2012— (4) develop standards and protocols for testing eral Register within 90 days after the close of (A) $18,301,000 for the regional centers, of innovative experimental mapping technologies the comment period. The program director shall which 50 percent shall be for West Coast re- and transferring new technologies between the update the program direction, with opportunity gional centers and 50 percent shall be for East Federal Government, coastal state, and non- for public comment, at least every 5 years. Coast regional centers; and governmental entities;

VerDate Mar 15 2010 12:18 Aug 01, 2011 Jkt 079102 PO 00000 Frm 00132 Fmt 0688 Sfmt 6333 E:\BR09\H25MR9.005 H25MR9 erowe on DSK5CLS3C1PROD with BOUND RECORD March 25, 2009 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 7 8715 (5) provide for the archiving, management, (2) international mapping activities; for an integrated ocean and coastal mapping and distribution of data sets through a national (3) coastal states; initiative within the National Oceanic and At- registry as well as provide mapping products (4) user groups through workshops and other mospheric Administration. and services to the general public in service of appropriate mechanisms; and (b) PLAN REQUIREMENTS.—The plan shall— statutory requirements; (5) representatives of nongovernmental enti- (1) identify and describe all ocean and coastal (6) develop data standards and protocols con- ties. mapping programs within the agency, including sistent with standards developed by the Federal (g) ADVISORY PANEL.—The Administrator may those that conduct mapping or related activities Geographic Data Committee for use by Federal, convene an ocean and coastal mapping advisory in the course of existing missions, such as hy- coastal state, and other entities in mapping and panel consisting of representatives from non- drographic surveys, ocean exploration projects, otherwise documenting locations of federally governmental entities to provide input regarding living marine resource conservation and man- permitted activities, living and nonliving coastal activities of the committee in consultation with agement programs, coastal zone management and marine resources, marine ecosystems, sen- the interagency committee. projects, and ocean and coastal observations sitive habitats, submerged cultural resources, SEC. 12204. BIENNIAL REPORTS. and science projects; undersea cables, offshore aquaculture projects, No later than 18 months after the date of en- (2) establish priority mapping programs and offshore energy projects, and any areas des- actment of this Act, and biennially thereafter, establish and periodically update priorities for ignated for purposes of environmental protec- the co-chairmen of the Committee shall transmit geographic areas in surveying and mapping tion or conservation and management of living to the Committees on Commerce, Science, and across all missions of the National Oceanic and and nonliving coastal and marine resources; Transportation and Energy and Natural Re- Atmospheric Administration, as well as min- (7) identify the procedures to be used for co- sources of the Senate and the Committee on Nat- imum data acquisition and metadata standards ordinating the collection and integration of Fed- ural Resources of the House of Representatives for those programs; eral ocean and coastal mapping data with a report detailing progress made in imple- (3) encourage the development of innovative coastal state and local government programs; ocean and coastal mapping technologies and ap- (8) facilitate, to the extent practicable, the col- menting this subtitle, including— plications, through research and development lection of real-time tide data and the develop- (1) an inventory of ocean and coastal map- through cooperative or other agreements with ment of hydrodynamic models for coastal areas ping data within the territorial sea and the ex- to allow for the application of V-datum tools clusive economic zone and throughout the Con- joint or cooperative research institutes or cen- that will facilitate the seamless integration of tinental Shelf of the United States, noting the ters and with other non-governmental entities; onshore and offshore maps and charts; age and source of the survey and the spatial (4) document available and developing tech- (9) establish a plan for the acquisition and resolution (metadata) of the data; nologies, best practices in data processing and collection of ocean and coastal mapping data; (2) identification of priority areas in need of distribution, and leveraging opportunities with and survey coverage using present technologies; other Federal agencies, coastal states, and non- (10) set forth a timetable for completion and (3) a resource plan that identifies when pri- governmental entities; implementation of the plan. ority areas in need of modern ocean and coastal (5) identify training, technology, and other re- SEC. 12203. INTERAGENCY COMMITTEE ON OCEAN mapping surveys can be accomplished; source requirements for enabling the National AND COASTAL MAPPING. (4) the status of efforts to produce integrated Oceanic and Atmospheric Administration’s pro- (a) IN GENERAL.—The Administrator of the digital maps of ocean and coastal areas; grams, vessels, and aircraft to support a coordi- National Oceanic and Atmospheric Administra- (5) a description of any products resulting nated ocean and coastal mapping program; tion, within 30 days after the date of enactment from coordinated mapping efforts under this (6) identify a centralized mechanism or office of this Act, shall convene or utilize an existing subtitle that improve public understanding of for coordinating data collection, processing, interagency committee on ocean and coastal the coasts and oceans, or regulatory decision- archiving, and dissemination activities of all mapping to implement section 12202. making; such mapping programs within the National (b) MEMBERSHIP.—The committee shall be (6) documentation of minimum and desired Oceanic and Atmospheric Administration that comprised of senior representatives from Federal standards for data acquisition and integrated meets Federal mandates for data accuracy and agencies with ocean and coastal mapping and metadata; accessibility and designate a repository that is surveying responsibilities. The representatives (7) a statement of the status of Federal efforts responsible for archiving and managing the dis- shall be high-ranking officials of their respective to leverage mapping technologies, coordinate tribution of all ocean and coastal mapping data agencies or departments and, whenever possible, mapping activities, share expertise, and ex- to simplify the provision of services to benefit the head of the portion of the agency or depart- change data; Federal and coastal state programs; and ment that is most relevant to the purposes of (8) a statement of resource requirements for (7) set forth a timetable for implementation this subtitle. Membership shall include senior organizations to meet the goals of the program, and completion of the plan, including a sched- representatives from the National Oceanic and including technology needs for data acquisition, ule for submission to the Congress of periodic Atmospheric Administration, the Chief of Naval processing, and distribution systems; progress reports and recommendations for inte- Operations, the United States Geological Sur- (9) a statement of the status of efforts to de- grating approaches developed under the initia- vey, the Minerals Management Service, the Na- classify data gathered by the Navy, the Na- tive into the interagency program. tional Science Foundation, the National tional Geospatial-Intelligence Agency, and other (c) NOAA JOINT OCEAN AND COASTAL MAP- Geospatial-Intelligence Agency, the United agencies to the extent possible without jeopard- PING CENTERS.—The Administrator may main- States Army Corps of Engineers, the Coast izing national security, and make it available to tain and operate up to 3 joint ocean and coastal Guard, the Environmental Protection Agency, partner agencies and the public; mapping centers, including a joint hydrographic the Federal Emergency Management Agency, (10) a resource plan for a digital coast inte- center, which shall each be co-located with an the National Aeronautics and Space Adminis- grated mapping pilot project for the northern institution of higher education. The centers tration, and other appropriate Federal agencies Gulf of Mexico that will— shall serve as hydrographic centers of excellence involved in ocean and coastal mapping. (A) cover the area from the authorized coastal and may conduct activities necessary to carry O-CHAIRMEN.—The Committee shall be co- (c) C counties through the territorial sea; out the purposes of this subtitle, including— chaired by the representative of the Department (B) identify how such a pilot project will le- (1) research and development of innovative of Commerce and a representative of the Depart- verage public and private mapping data and re- ocean and coastal mapping technologies, equip- ment of the Interior. sources, such as the United States Geological ment, and data products; (d) SUBCOMMITTEE.—The co-chairmen shall Survey National Map, to result in an oper- establish a subcommittee to carry out the day- (2) mapping of the United States Outer Conti- ational coastal change assessment program for nental Shelf and other regions; to-day work of the Committee, comprised of sen- the subregion; ior representatives of any member agency of the (3) data processing for nontraditional data (11) the status of efforts to coordinate Federal and uses; committee. Working groups may be formed by programs with coastal state and local govern- the full Committee to address issues of short du- (4) advancing the use of remote sensing tech- ment programs and leverage those programs; ration. The subcommittee shall be chaired by the nologies, for related issues, including mapping (12) a description of efforts of Federal agen- representative from the National Oceanic and and assessment of essential fish habitat and of cies to increase contracting with nongovern- Atmospheric Administration. The chairmen of coral resources, ocean observations, and ocean mental entities; and the Committee may create such additional sub- exploration; and (13) an inventory and description of any new committees and working groups as may be need- (5) providing graduate education and training Federal or federally funded programs con- ed to carry out the work of Committee. in ocean and coastal mapping sciences for mem- ducting shoreline delineation and ocean or (e) MEETINGS.—The committee shall meet on a bers of the National Oceanic and Atmospheric quarterly basis, but each subcommittee and each coastal mapping since the previous reporting Administration Commissioned Officer Corps, working group shall meet on an as-needed basis. cycle. personnel of other agencies with ocean and (f) COORDINATION.—The committee shall co- SEC. 12205. PLAN. coastal mapping programs, and civilian per- ordinate activities when appropriate, with— (a) IN GENERAL.—Not later than 6 months sonnel. (1) other Federal efforts, including the Digital after the date of enactment of this Act, the Ad- (d) NOAA REPORT.—The Administrator shall Coast, Geospatial One-Stop, and the Federal ministrator, in consultation with the Committee, continue developing a strategy for expanding Geographic Data Committee; shall develop and submit to the Congress a plan contracting with non-governmental entities to

VerDate Mar 15 2010 12:18 Aug 01, 2011 Jkt 079102 PO 00000 Frm 00133 Fmt 0688 Sfmt 6333 E:\BR09\H25MR9.005 H25MR9 erowe on DSK5CLS3C1PROD with BOUND RECORD 8716 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 7 March 25, 2009 minimize duplication and take maximum advan- presentations depicting natural or manmade ment, basic and applied technology research tage of nongovernmental capabilities in ful- physical features, phenomena, and legal bound- and development, and public education and out- filling the Administration’s mapping and chart- aries of the Earth. reach programs, that are managed by member ing responsibilities. Within 120 days after the (8) OUTER CONTINENTAL SHELF.—The term agencies of the Council. date of enactment of this Act, the Administrator ‘‘Outer Continental Shelf’’ means all submerged (4) INTERAGENCY OCEAN OBSERVATION COM- shall transmit a report describing the strategy lands lying seaward and outside of lands be- MITTEE.—The term ‘‘Interagency Ocean Obser- developed under this subsection to the Com- neath navigable waters (as that term is defined vation Committee’’ means the committee estab- mittee on Commerce, Science, and Transpor- in section 2 of the Submerged Lands Act (43 lished under section 12304(c)(2). tation of the Senate and the Committee on Nat- U.S.C. 1301)), and of which the subsoil and sea- (5) NON-FEDERAL ASSETS.—The term ‘‘non- ural Resources of the House of Representatives. bed appertain to the United States and are sub- Federal assets’’ means all relevant coastal and SEC. 12206. EFFECT ON OTHER LAWS. ject to its jurisdiction and control. ocean observation technologies, related basic Nothing in this subtitle shall be construed to Subtitle C—Integrated Coastal and Ocean and applied technology research and develop- supersede or alter the existing authorities of any Observation System Act of 2009 ment, and public education and outreach pro- Federal agency with respect to ocean and coast- grams that are integrated into the System and SEC. 12301. SHORT TITLE. are managed through States, regional organiza- al mapping. This subtitle may be cited as the ‘‘Integrated SEC. 12207. AUTHORIZATION OF APPROPRIA- tions, universities, nongovernmental organiza- Coastal and Ocean Observation System Act of tions, or the private sector. TIONS. 2009’’. (a) IN GENERAL.—In addition to the amounts (6) REGIONAL INFORMATION COORDINATION EN- SEC. 12302. PURPOSES. authorized by section 306 of the Hydrographic TITIES.— Services Improvement Act of 1998 (33 U.S.C. The purposes of this subtitle are to— (A) IN GENERAL.—The term ‘‘regional informa- (1) establish a national integrated System of 892d), there are authorized to be appropriated to tion coordination entity’’ means an organiza- ocean, coastal, and Great Lakes observing sys- the Administrator to carry out this subtitle— tional body that is certified or established by (1) $26,000,000 for fiscal year 2009; tems, comprised of Federal and non-Federal contract or memorandum by the lead Federal (2) $32,000,000 for fiscal year 2010; components coordinated at the national level by agency designated in section 12304(c)(3) of this (3) $38,000,000 for fiscal year 2011; and the National Ocean Research Leadership Coun- subtitle and coordinates State, Federal, local, (4) $45,000,000 for each of fiscal years 2012 cil and at the regional level by a network of re- and private interests at a regional level with the through 2015. gional information coordination entities, and responsibility of engaging the private and public (b) JOINT OCEAN AND COASTAL MAPPING CEN- that includes in situ, remote, and other coastal sectors in designing, operating, and improving TERS.—Of the amounts appropriated pursuant and ocean observation, technologies, and data regional coastal and ocean observing systems in to subsection (a), the following amounts shall be management and communication systems, and is order to ensure the provision of data and infor- used to carry out section 12205(c) of this sub- designed to address regional and national needs mation that meet the needs of user groups from title: for ocean information, to gather specific data on the respective regions. (1) $11,000,000 for fiscal year 2009. key coastal, ocean, and Great Lakes variables, (B) CERTAIN INCLUDED ASSOCIATIONS.—The (2) $12,000,000 for fiscal year 2010. and to ensure timely and sustained dissemina- term ‘‘regional information coordination entity’’ (3) $13,000,000 for fiscal year 2011. tion and availability of these data to— includes regional associations described in the (4) $15,000,000 for each of fiscal years 2012 (A) support national defense, marine com- System Plan. through 2015. merce, navigation safety, weather, climate, and (7) SECRETARY.—The term ‘‘Secretary’’ means (c) COOPERATIVE AGREEMENTS.—To carry out marine forecasting, energy siting and produc- the Secretary of Commerce, acting through the interagency activities under section 12203 of this tion, economic development, ecosystem-based National Oceanic and Atmospheric Administra- subtitle, the head of any department or agency marine, coastal, and Great Lakes resource man- tion. may execute a cooperative agreement with the agement, public safety, and public outreach (8) SYSTEM.—The term ‘‘System’’ means the Administrator, including those authorized by training and education; National Integrated Coastal and Ocean Obser- section 5 of the Act of August 6, 1947 (33 U.S.C. (B) promote greater public awareness and vation System established under section 12304. 883e). stewardship of the Nation’s ocean, coastal, and (9) SYSTEM PLAN.—The term ‘‘System Plan’’ SEC. 12208. DEFINITIONS. Great Lakes resources and the general public means the plan contained in the document enti- In this subtitle: welfare; and tled ‘‘Ocean. US Publication No. 9, The First In- (C) enable advances in scientific under- (1) ADMINISTRATOR.—The term ‘‘Adminis- tegrated Ocean Observing System (IOOS) Devel- trator’ ’’ means the Administrator of the Na- standing to support the sustainable use, con- opment Plan’’, as updated by the Council under tional Oceanic and Atmospheric Administration. servation, management, and understanding of this subtitle. (2) COASTAL STATE.—The term ‘‘coastal state’’ healthy ocean, coastal, and Great Lakes re- SEC. 12304. INTEGRATED COASTAL AND OCEAN has the meaning given that term by section sources; OBSERVING SYSTEM. 304(4) of the Coastal Zone Management Act of (2) improve the Nation’s capability to meas- (a) ESTABLISHMENT.—The President, acting 1972 (16 U.S.C. 1453(4). ure, track, explain, and predict events related through the Council, shall establish a National (3) COMMITTEE.—The term ‘‘Committee’’ directly and indirectly to weather and climate Integrated Coastal and Ocean Observation Sys- means the Interagency Ocean and Coastal Map- change, natural climate variability, and inter- tem to fulfill the purposes set forth in section ping Committee established by section 12203. actions between the oceanic and atmospheric 12302 of this subtitle and the System Plan and to (4) EXCLUSIVE ECONOMIC ZONE.—The term environments, including the Great Lakes; and fulfill the Nation’s international obligations to ‘‘exclusive economic zone’’ means the exclusive (3) authorize activities to promote basic and contribute to the Global Earth Observation Sys- economic zone of the United States established applied research to develop, test, and deploy in- tem of Systems and the Global Ocean Observing by Presidential Proclamation No. 5030, of March novations and improvements in coastal and System. 10, 1983. ocean observation technologies, modeling sys- (b) SYSTEM ELEMENTS.— (5) OCEAN AND COASTAL MAPPING.—The term tems, and other scientific and technological ca- (1) IN GENERAL.—In order to fulfill the pur- ‘‘ocean and coastal mapping’’ means the acqui- pabilities to improve our conceptual under- poses of this subtitle, the System shall be na- sition, processing, and management of physical, standing of weather and climate, ocean-atmos- tional in scope and consist of— biological, geological, chemical, and archae- phere dynamics, global climate change, phys- (A) Federal assets to fulfill national and ological characteristics and boundaries of ocean ical, chemical, and biological dynamics of the international observation missions and prior- and coastal areas, resources, and sea beds ocean, coastal and Great Lakes environments, ities; through the use of acoustics, satellites, aerial and to conserve healthy and restore degraded (B) non-Federal assets, including a network photogrammetry, light and imaging, direct sam- coastal ecosystems. of regional information coordination entities pling, and other mapping technologies. SEC. 12303. DEFINITIONS. identified under subsection (c)(4), to fulfill re- (6) TERRITORIAL SEA.—The term ‘‘territorial In this subtitle: gional observation missions and priorities; sea’’ means the belt of sea measured from the (1) ADMINISTRATOR.—The term ‘‘Adminis- (C) data management, communication, and baseline of the United States determined in ac- trator’’ means the Under Secretary of Commerce modeling systems for the timely integration and cordance with international law, as set forth in for Oceans and Atmosphere in the Under Sec- dissemination of data and information products Presidential Proclamation Number 5928, dated retary’s capacity as Administrator of the Na- from the System; December 27, 1988. tional Oceanic and Atmospheric Administration. (D) a research and development program con- (7) NONGOVERNMENTAL ENTITIES.—The term (2) COUNCIL.—The term ‘‘Council’’ means the ducted under the guidance of the Council, con- ‘‘nongovernmental entities’’ includes non- National Ocean Research Leadership Council sisting of— governmental organizations, members of the established by section 7902 of title 10, United (i) basic and applied research and technology academic community, and private sector organi- States Code. development to improve understanding of coast- zations that provide products and services asso- (3) FEDERAL ASSETS.—The term ‘‘Federal as- al and ocean systems and their relationships to ciated with measuring, locating, and preparing sets’’ means all relevant non-classified civilian human activities and to ensure improvement of maps, charts, surveys, aerial photographs, sat- coastal and ocean observations, technologies, operational assets and products, including re- ellite imagines, or other graphical or digital and related modeling, research, data manage- lated infrastructure, observing technologies, and

VerDate Mar 15 2010 12:18 Aug 01, 2011 Jkt 079102 PO 00000 Frm 00134 Fmt 0688 Sfmt 6333 E:\BR09\H25MR9.005 H25MR9 erowe on DSK5CLS3C1PROD with BOUND RECORD March 25, 2009 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 7 8717 information and data processing and manage- (F) identify gaps in observation coverage or and transmitted to the Interagency Ocean Ob- ment technologies; and needs for capital improvements of both Federal serving Committee; (ii) large scale computing resources and re- assets and non-Federal assets; (J) develop and be responsible for a data man- search to advance modeling of coastal and (G) subject to the availability of appropria- agement and communication system, in accord- ocean processes. tions, establish through one or more partici- ance with standards and protocols established (2) ENHANCING ADMINISTRATION AND MANAGE- pating Federal agencies, in consultation with by the Council, by which all data collected by MENT.—The head of each Federal agency that the System advisory committee established under the System regarding ocean and coastal waters has administrative jurisdiction over a Federal subsection (d), a competitive matching grant or of the United States including the Great Lakes, asset shall support the purposes of this subtitle other programs— are processed, stored, integrated, and made and may take appropriate actions to enhance (i) to promote intramural and extramural re- available to all end-user communities; internal agency administration and manage- search and development of new, innovative, and (K) implement a program of public education ment to better support, integrate, finance, and emerging observation technologies including and outreach to improve public awareness of utilize observation data, products, and services testing and field trials; and global climate change and effects on the ocean, developed under this section to further its own (ii) to facilitate the migration of new, innova- coastal, and Great Lakes environment; agency mission and responsibilities. tive, and emerging scientific and technological (L) report annually to the Interagency Ocean (3) AVAILABILITY OF DATA.—The head of each advances from research and development to Observing Committee on the accomplishments, Federal agency that has administrative jurisdic- operational deployment; operational needs, and performance of the Sys- tion over a Federal asset shall make available (H) periodically review and recommend to the tem to contribute to the annual and long-term data that are produced by that asset and that Council, in consultation with the Administrator, plans developed pursuant to subsection are not otherwise restricted for integration, revisions to the System Plan; (c)(2)(A)(i); and management, and dissemination by the System. (I) ensure collaboration among Federal agen- (M) develop a plan to efficiently integrate into (4) NON-FEDERAL ASSETS.—Non-Federal assets cies participating in the activities of the Com- the System new, innovative, or emerging tech- shall be coordinated, as appropriate, by the mittee; and nologies that have been demonstrated to be use- Interagency Ocean Observing Committee or by (J) perform such additional duties as the ful to the System and which will fulfill the pur- regional information coordination entities. Council may delegate. poses of this subtitle and the System Plan. (c) POLICY OVERSIGHT, ADMINISTRATION, AND (3) LEAD FEDERAL AGENCY.—The National (4) REGIONAL INFORMATION COORDINATION EN- REGIONAL COORDINATION.— Oceanic and Atmospheric Administration shall TITIES.— N GENERAL (1) COUNCIL FUNCTIONS.—The Council shall function as the lead Federal agency for the im- (A) I .—To be certified or established serve as the policy and coordination oversight plementation and administration of the System, under this subtitle, a regional information co- body for all aspects of the System. In carrying in consultation with the Council, the Inter- ordination entity shall be certified or established out its responsibilities under this subtitle, the agency Ocean Observation Committee, other by contract or agreement by the Administrator, Council shall— Federal agencies that maintain portions of the and shall agree to meet the certification stand- (A) approve and adopt comprehensive System System, and the regional information coordina- ards and compliance procedure guidelines issued budgets developed and maintained by the Inter- tion entities, and shall— by the Administrator and information needs of agency Ocean Observation Committee to support (A) establish an Integrated Ocean Observing user groups in the region while adhering to na- System operations, including operations of both Program Office within the National Oceanic tional standards and shall— (i) demonstrate an organizational structure Federal and non-Federal assets; and Atmospheric Administration utilizing to the capable of gathering required System observa- (B) ensure coordination of the System with extent necessary, personnel from member agen- tion data, supporting and integrating all aspects other domestic and international earth observ- cies participating on the Interagency Ocean Ob- of coastal and ocean observing and information ing activities including the Global Ocean Ob- servation Committee, to oversee daily operations programs within a region and that reflects the serving System and the Global Earth Observing and coordination of the System; needs of State and local governments, commer- System of Systems, and provide, as appropriate, (B) implement policies, protocols, and stand- cial interests, and other users and beneficiaries support for and representation on United States ards approved by the Council and delegated by of the System and other requirements specified delegations to international meetings on coastal the Interagency Ocean Observing Committee; under this subtitle and the System Plan; and ocean observing programs; and (C) promulgate program guidelines to certify (ii) identify gaps in observation coverage (C) encourage coordinated intramural and ex- and integrate non-Federal assets, including re- needs for capital improvements of Federal assets tramural research and technology development, gional information coordination entities, into and non-Federal assets of the System, or other and a process to transition developing tech- the System to provide regional coastal and recommendations to assist in the development of nology and methods into operations of the Sys- ocean observation data that meet the needs of the annual and long-term plans created pursu- tem. user groups from the respective regions; ant to subsection (c)(2)(A)(i) and transmit such (2) INTERAGENCY OCEAN OBSERVATION COM- (D) have the authority to enter into and over- information to the Interagency Ocean Observing MITTEE.—The Council shall establish or des- see contracts, leases, grants or cooperative Committee via the Program Office; ignate an Interagency Ocean Observation Com- agreements with non-Federal assets, including (iii) develop and operate under a strategic mittee which shall— regional information coordination entities, to operational plan that will ensure the efficient (A) prepare annual and long-term plans for support the purposes of this subtitle on such and effective administration of programs and consideration and approval by the Council for terms as the Administrator deems appropriate; assets to support daily data observations for in- the integrated design, operation, maintenance, (E) implement a merit-based, competitive tegration into the System, pursuant to the enhancement and expansion of the System to funding process to support non-Federal assets, standards approved by the Council; meet the objectives of this subtitle and the Sys- including the development and maintenance of (iv) work cooperatively with governmental tem Plan; a network of regional information coordination and non-governmental entities at all levels to (B) develop and transmit to Congress at the entities, and develop and implement a process identify and provide information products of the time of submission of the President’s annual for the periodic review and evaluation of all System for multiple users within the service area budget request an annual coordinated, com- non-Federal assets, including regional informa- of the regional information coordination enti- prehensive budget to operate all elements of the tion coordination entities; ties; and System identified in subsection (b), and to en- (F) provide opportunities for competitive con- (v) comply with all financial oversight re- sure continuity of data streams from Federal tracts and grants for demonstration projects to quirements established by the Administrator, in- and non-Federal assets; design, develop, integrate, deploy, and support cluding requirements relating to audits. (C) establish required observation data vari- components of the System; (B) PARTICIPATION.—For the purposes of this ables to be gathered by both Federal and non- (G) establish efficient and effective adminis- subtitle, employees of Federal agencies may par- Federal assets and identify, in consultation trative procedures for allocation of funds among ticipate in the functions of the regional informa- with regional information coordination entities, contractors, grantees, and non-Federal assets, tion coordination entities. priorities for System observations; including regional information coordination en- (d) SYSTEM ADVISORY COMMITTEE.— (D) establish protocols and standards for Sys- tities in a timely manner, and contingent on ap- (1) IN GENERAL.—The Administrator shall es- tem data processing, management, and commu- propriations according to the budget adopted by tablish or designate a System advisory com- nication; the Council; mittee, which shall provide advice as may be re- (E) develop contract certification standards (H) develop and implement a process for the quested by the Administrator or the Interagency and compliance procedures for all non-Federal periodic review and evaluation of regional infor- Ocean Observing Committee. assets, including regional information coordina- mation coordination entities; (2) PURPOSE.—The purpose of the System ad- tion entities, to establish eligibility for integra- (I) formulate an annual process by which visory committee is to advise the Administrator tion into the System and to ensure compliance gaps in observation coverage or needs for capital and the Interagency Ocean Observing Com- with all applicable standards and protocols es- improvements of Federal assets and non-Federal mittee on— tablished by the Council, and ensure that re- assets of the System are identified by the re- (A) administration, operation, management, gional observations are integrated into the Sys- gional information coordination entities, the and maintenance of the System, including inte- tem on a sustained basis; Administrator, or other members of the System gration of Federal and non-Federal assets and

VerDate Mar 15 2010 12:18 Aug 01, 2011 Jkt 079102 PO 00000 Frm 00135 Fmt 0688 Sfmt 6333 E:\BR09\H25MR9.005 H25MR9 erowe on DSK5CLS3C1PROD with BOUND RECORD 8718 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 7 March 25, 2009 data management and communication aspects of Commerce may execute cooperative agreements, acquisition, operation, and maintenance of new the System, and fulfillment of the purposes set or any other agreements, with, and receive and Federal assets for the System, including oper- forth in section 12302; expend funds made available by, any State or ation facilities, observation equipment, modeling (B) expansion and periodic modernization and subdivision thereof, any Federal agency, or any and software, data management and commu- upgrade of technology components of the Sys- public or private organization, or individual. nication, and other essential components. The tem; (b) RECIPROCITY.—Member Departments and independent cost estimate shall be transmitted (C) identification of end-user communities, agencies of the Council shall have the authority unabridged and without revision by the Admin- their needs for information provided by the Sys- to create, support, and maintain joint centers, istrator to Congress. tem, and the System’s effectiveness in dissemi- and to enter into and perform such contracts, SEC. 12310. INTENT OF CONGRESS. nating information to end-user communities and leases, grants, and cooperative agreements as It is the intent of Congress that funding pro- the general public; and may be necessary to carry out the purposes of vided to agencies of the Council to implement (D) any other purpose identified by the Ad- this subtitle and fulfillment of the System Plan. this subtitle shall supplement, and not replace, ministrator or the Interagency Ocean Observing SEC. 12306. APPLICATION WITH OTHER LAWS. existing sources of funding for other programs. Committee. Nothing in this subtitle supersedes or limits It is the further intent of Congress that agencies (3) MEMBERS.— the authority of any agency to carry out its re- of the Council shall not enter into contracts or (A) IN GENERAL.—The System advisory com- sponsibilities and missions under other laws. agreements for the development or procurement mittee shall be composed of members appointed of new Federal assets for the System that are es- by the Administrator. Members shall be quali- SEC. 12307. REPORT TO CONGRESS. timated to be in excess of $250,000,000 in life- fied by education, training, and experience to (a) REQUIREMENT.—Not later than 2 years cycle costs without first providing adequate no- evaluate scientific and technical information re- after the date of the enactment of this Act and tice to Congress and opportunity for review and lated to the design, operation, maintenance, or every 2 years thereafter, the Administrator shall comment. use of the System, or use of data products pro- prepare and the President acting through the SEC. 12311. AUTHORIZATION OF APPROPRIA- vided through the System. Council shall approve and transmit to the Con- TIONS. (B) TERMS OF SERVICE.—Members shall be ap- gress a report on progress made in implementing There are authorized to be appropriated to the pointed for 3-year terms, renewable once. A va- this subtitle. Secretary of Commerce for fiscal years 2009 cancy appointment shall be for the remainder of (b) CONTENTS.—The report shall include— through 2013 such sums as are necessary to ful- the unexpired term of the vacancy, and an indi- (1) a description of activities carried out under fill the purposes of this subtitle and support ac- vidual so appointed may subsequently be ap- this subtitle and the System Plan; tivities identified in the annual coordinated Sys- pointed for 2 full 3-year terms if the remainder (2) an evaluation of the effectiveness of the tem budget developed by the Interagency Ocean of the unexpired term is less than 1 year. System, including an evaluation of progress Observation Committee and submitted to the (C) CHAIRPERSON.—The Administrator shall made by the Council to achieve the goals identi- Congress. designate a chairperson from among the mem- fied under the System Plan; Subtitle D—Federal Ocean Acidification bers of the System advisory committee. (3) identification of Federal and non-Federal Research and Monitoring Act of 2009 (D) APPOINTMENT.—Members of the System assets as determined by the Council that have SEC. 12401. SHORT TITLE. advisory committee shall be appointed as special been integrated into the System, including as- This subtitle may be cited as the ‘‘Federal Government employees for purposes of section sets essential to the gathering of required obser- Ocean Acidification Research And Monitoring 202(a) of title 18, United States Code. vation data variables necessary to meet the re- Act of 2009’’ or the ‘‘FOARAM Act’’. (4) ADMINISTRATIVE PROVISIONS.— spective missions of Council agencies; SEC. 12402. PURPOSES. (A) REPORTING.—The System advisory com- (4) a review of procurements, planned or initi- (a) PURPOSES.—The purposes of this subtitle mittee shall report to the Administrator and the ated, by each Council agency to enhance, ex- Interagency Ocean Observing Committee, as ap- are to provide for— pand, or modernize the observation capabilities (1) development and coordination of a com- propriate. and data products provided by the System, in- prehensive interagency plan to— (B) ADMINISTRATIVE SUPPORT.—The Adminis- cluding data management and communication (A) monitor and conduct research on the proc- trator shall provide administrative support to subsystems; esses and consequences of ocean acidification on the System advisory committee. (5) an assessment regarding activities to inte- marine organisms and ecosystems; and (C) MEETINGS.—The System advisory com- grate Federal and non-Federal assets, nation- (B) establish an interagency research and mittee shall meet at least once each year, and at ally and on the regional level, and discussion of monitoring program on ocean acidification; other times at the call of the Administrator, the the performance and effectiveness of regional (2) establishment of an ocean acidification Interagency Ocean Observing Committee, or the information coordination entities to coordinate program within the National Oceanic and At- chairperson. regional observation operations; mospheric Administration; (D) COMPENSATION AND EXPENSES.—Members (6) a description of benefits of the program to (3) assessment and consideration of regional of the System advisory committee shall not be users of data products resulting from the System and national ecosystem and socioeconomic im- compensated for service on that Committee, but (including the general public, industries, sci- pacts of increased ocean acidification; and may be allowed travel expenses, including per entists, resource managers, emergency respond- (4) research adaptation strategies and tech- diem in lieu of subsistence, in accordance with ers, policy makers, and educators); niques for effectively conserving marine eco- subchapter I of chapter 57 of title 5, United (7) recommendations concerning— systems as they cope with increased ocean acidi- States Code. (A) modifications to the System; and fication. (E) EXPIRATION.—Section 14 of the Federal (B) funding levels for the System in subse- SEC. 12403. DEFINITIONS. Advisory Committee Act (5 U.S.C. App.) shall quent fiscal years; and In this subtitle: not apply to the System advisory committee. (8) the results of a periodic external inde- (1) OCEAN ACIDIFICATION.—The term ‘‘ocean (e) CIVIL LIABILITY.—For purposes of deter- pendent programmatic audit of the System. acidification’’ means the decrease in pH of the mining liability arising from the dissemination SEC. 12308. PUBLIC-PRIVATE USE POLICY. Earth’s oceans and changes in ocean chemistry and use of observation data gathered pursuant caused by chemical inputs from the atmosphere, to this section, any non-Federal asset or re- The Council shall develop a policy within 6 months after the date of the enactment of this including carbon dioxide. gional information coordination entity incor- (2) SECRETARY.—The term ‘‘Secretary’’ means Act that defines processes for making decisions porated into the System by contract, lease, the Secretary of Commerce, acting through the about the roles of the Federal Government, the grant, or cooperative agreement under sub- Administrator of the National Oceanic and At- States, regional information coordination enti- section (c)(3)(D) that is participating in the Sys- mospheric Administration. ties, the academic community, and the private tem shall be considered to be part of the Na- (3) SUBCOMMITTEE.—The term ‘‘Sub- tional Oceanic and Atmospheric Administration. sector in providing to end-user communities en- committee’’ means the Joint Subcommittee on Any employee of such a non-Federal asset or re- vironmental information, products, technologies, Ocean Science and Technology of the National gional information coordination entity, while and services related to the System. The Council Science and Technology Council. shall publish the policy in the Federal Register operating within the scope of his or her employ- SEC. 12404. INTERAGENCY SUBCOMMITTEE. for public comment for a period not less than 60 ment in carrying out the purposes of this sub- (a) DESIGNATION.— title, with respect to tort liability, is deemed to days. Nothing in this section shall be construed (1) IN GENERAL.—The Joint Subcommittee on be an employee of the Federal Government. to require changes in policy in effect on the date Ocean Science and Technology of the National (f) LIMITATION.—Nothing in this subtitle shall of enactment of this Act. Science and Technology Council shall coordi- be construed to invalidate existing certifications, SEC. 12309. INDEPENDENT COST ESTIMATE. nate Federal activities on ocean acidification contracts, or agreements between regional infor- Within 1 year after the date of enactment of and establish an interagency working group. mation coordination entities and other elements this Act, the Interagency Ocean Observation (2) MEMBERSHIP.—The interagency working of the System. Committee, through the Administrator and the group on ocean acidification shall be comprised SEC. 12305. INTERAGENCY FINANCING AND Director of the National Science Foundation, of senior representatives from the National Oce- AGREEMENTS. shall obtain an independent cost estimate for anic and Atmospheric Administration, the Na- (a) IN GENERAL.—To carry out interagency operations and maintenance of existing Federal tional Science Foundation, the National Aero- activities under this subtitle, the Secretary of assets of the System, and planned or anticipated nautics and Space Administration, the United

VerDate Mar 15 2010 12:18 Aug 01, 2011 Jkt 079102 PO 00000 Frm 00136 Fmt 0688 Sfmt 6333 E:\BR09\H25MR9.006 H25MR9 erowe on DSK5CLS3C1PROD with BOUND RECORD March 25, 2009 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 7 8719 States Geological Survey, the United States Fish eral research and monitoring on ocean acidifica- (2) Research to understand the species specific and Wildlife Service, and such other Federal tion that will provide for an assessment of the physiological responses of marine organisms to agencies as appropriate. impacts of ocean acidification on marine orga- ocean acidification, impacts on marine food (3) CHAIRMAN.—The interagency working nisms and marine ecosystems and the develop- webs of ocean acidification, and to develop envi- group shall be chaired by the representative ment of adaptation and mitigation strategies to ronmental and ecological indices that track ma- from the National Oceanic and Atmospheric Ad- conserve marine organisms and marine eco- rine ecosystem responses to ocean acidification. ministration. systems. In developing the plan, the Sub- (3) Modeling to predict changes in the ocean (b) DUTIES.—The Subcommittee shall— committee shall consider and use information, carbon cycle as a function of carbon dioxide (1) develop the strategic research and moni- reports, and studies of ocean acidification that and atmosphere-induced changes in tempera- toring plan to guide Federal research on ocean have identified research and monitoring needed ture, ocean circulation, biogeochemistry, eco- acidification required under section 12405 of this to better understand ocean acidification and its system and terrestrial input, and modeling to subtitle and oversee the implementation of the potential impacts, and recommendations made determine impacts on marine ecosystems and in- plan; by the National Academy of Sciences in the re- dividual marine organisms. (2) oversee the development of— view of the plan required under subsection (d). (4) Technology development and standardiza- (A) an assessment of the potential impacts of (b) CONTENTS OF THE PLAN.—The plan shall— tion of carbonate chemistry measurements on ocean acidification on marine organisms and (1) provide for interdisciplinary research moorings and autonomous floats. (5) Assessment of socioeconomic impacts of marine ecosystems; and among the ocean sciences, and coordinated re- ocean acidification and development of adapta- (B) adaptation and mitigation strategies to search and activities to improve the under- tion and mitigation strategies to conserve ma- conserve marine organisms and ecosystems ex- standing of ocean chemistry that will affect ma- rine organisms and marine ecosystems. posed to ocean acidification; rine ecosystems; (d) NATIONAL ACADEMY OF SCIENCES EVALUA- (3) facilitate communication and outreach op- (2) establish, for the 10-year period beginning TION.—The Secretary shall enter into an agree- portunities with nongovernmental organizations in the year the plan is submitted, the goals and ment with the National Academy of Sciences to and members of the stakeholder community with priorities for Federal research and monitoring review the plan. interests in marine resources; which will— (e) PUBLIC PARTICIPATION.—In developing the (4) coordinate the United States Federal re- (A) advance understanding of ocean acidifica- plan, the Subcommittee shall consult with rep- search and monitoring program with research tion and its physical, chemical, and biological resentatives of academic, State, industry and and monitoring programs and scientists from impacts on marine organisms and marine eco- environmental groups. Not later than 90 days other nations; and systems; before the plan, or any revision thereof, is sub- (5) establish or designate an Ocean Acidifica- (B) improve the ability to assess the socio- mitted to the Congress, the plan shall be pub- tion Information Exchange to make information economic impacts of ocean acidification; and lished in the Federal Register for a public com- on ocean acidification developed through or uti- (C) provide information for the development of ment period of not less than 60 days. lized by the interagency ocean acidification pro- adaptation and mitigation strategies to conserve SEC. 12406. NOAA OCEAN ACIDIFICATION ACTIVI- gram accessible through electronic means, in- marine organisms and marine ecosystems; TIES. cluding information which would be useful to (3) describe specific activities, including— (a) IN GENERAL.—The Secretary shall estab- policymakers, researchers, and other stake- (A) efforts to determine user needs; lish and maintain an ocean acidification pro- holders in mitigating or adapting to the impacts (B) research activities; gram within the National Oceanic and Atmos- of ocean acidification. (C) monitoring activities; pheric Administration to conduct research, mon- (c) REPORTS TO CONGRESS.— (D) technology and methods development; itoring, and other activities consistent with the (1) INITIAL REPORT.—Not later than 1 year (E) data collection; strategic research and implementation plan de- after the date of enactment of this Act, the Sub- (F) database development; veloped by the Subcommittee under section 12405 committee shall transmit a report to the Com- (G) modeling activities; that— mittee on Commerce, Science, and Transpor- (H) assessment of ocean acidification impacts; (1) includes— tation of the Senate and the Committee on and (A) interdisciplinary research among the Science and Technology and the Committee on (I) participation in international research ef- ocean and atmospheric sciences, and coordi- Natural Resources of the House of Representa- forts; nated research and activities to improve under- tives that— (4) identify relevant programs and activities of standing of ocean acidification; (A) includes a summary of federally funded the Federal agencies that contribute to the (B) the establishment of a long-term moni- ocean acidification research and monitoring ac- interagency program directly and indirectly and toring program of ocean acidification utilizing tivities, including the budget for each of these set forth the role of each Federal agency in im- existing global and national ocean observing as- activities; and plementing the plan; sets, and adding instrumentation and sampling (B) describes the progress in developing the (5) consider and utilize, as appropriate, re- stations as appropriate to the aims of the re- plan required under section 12405 of this sub- ports and studies conducted by Federal agen- search program; (C) research to identify and develop adapta- title. cies, the National Research Council, or other en- tion strategies and techniques for effectively (2) BIENNIAL REPORT.—Not later than 2 years tities; conserving marine ecosystems as they cope with after the delivery of the initial report under (6) make recommendations for the coordina- increased ocean acidification; paragraph (1) and every 2 years thereafter, the tion of the ocean acidification research and Subcommittee shall transmit a report to the (D) as an integral part of the research pro- monitoring activities of the United States with grams described in this subtitle, educational op- Committee on Commerce, Science, and Transpor- such activities of other nations and inter- tation of the Senate and the Committee on portunities that encourage an interdisciplinary national organizations; and international approach to exploring the im- Science and Technology and the Committee on (7) outline budget requirements for Federal Natural Resources of the House of Representa- pacts of ocean acidification; ocean acidification research and monitoring and (E) as an integral part of the research pro- tives that includes— assessment activities to be conducted by each grams described in this subtitle, national public (A) a summary of federally funded ocean agency under the plan; outreach activities to improve the understanding acidification research and monitoring activities, (8) identify the monitoring systems and sam- of current scientific knowledge of ocean acidifi- including the budget for each of these activities; pling programs currently employed in collecting cation and its impacts on marine resources; and and data relevant to ocean acidification and (F) coordination of ocean acidification moni- (B) an analysis of the progress made toward prioritize additional monitoring systems that toring and impacts research with other appro- achieving the goals and priorities for the inter- may be needed to ensure adequate data collec- priate international ocean science bodies such agency research plan developed by the Sub- tion and monitoring of ocean acidification and as the International Oceanographic Commis- committee under section 12405. its impacts; and sion, the International Council for the Explo- (3) STRATEGIC RESEARCH PLAN.—Not later (9) describe specific activities designed to fa- ration of the Sea, the North Pacific Marine than 2 years after the date of enactment of this cilitate outreach and data and information ex- Science Organization, and others; Act, the Subcommittee shall transmit the stra- change with stakeholder communities. (2) provides grants for critical research tegic research plan developed under section (c) PROGRAM ELEMENTS.—The plan shall in- projects that explore the effects of ocean acidifi- 12405 to the Committee on Commerce, Science, clude at a minimum the following program ele- cation on ecosystems and the socioeconomic im- and Transportation of the Senate and the Com- ments: pacts of increased ocean acidification that are mittee on Science and Technology and the Com- (1) Monitoring of ocean chemistry and biologi- relevant to the goals and priorities of the stra- mittee on Natural Resources of the House of cal impacts associated with ocean acidification tegic research plan; and Representatives. A revised plan shall be sub- at selected coastal and open-ocean monitoring (3) incorporates a competitive merit-based mitted at least once every 5 years thereafter. stations, including satellite-based monitoring to process for awarding grants that may be con- SEC. 12405. STRATEGIC RESEARCH PLAN. characterize— ducted jointly with other participating agencies (a) IN GENERAL.—Not later than 2 years after (A) marine ecosystems; or under the National Oceanographic Partner- the date of enactment of this Act, the Sub- (B) changes in marine productivity; and ship Program under section 7901 of title 10, committee shall develop a strategic plan for Fed- (C) changes in surface ocean chemistry. United States Code.

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(b) ADDITIONAL AUTHORITY.—In conducting government, for the purposes of protecting im- minish their natural, undeveloped, or rec- the Program, the Secretary may enter into and portant coastal and estuarine areas that have reational state; and perform such contracts, leases, grants, or coop- significant conservation, recreation, ecological, ‘‘(ii) serve to mitigate the adverse impacts erative agreements as may be necessary to carry historical, or aesthetic values, or that are caused by coastal population growth in the out the purposes of this subtitle on such terms threatened by conversion from their natural, coastal environment. as the Secretary considers appropriate. undeveloped, or recreational state to other uses ‘‘(8) In developing guidelines under this sec- SEC. 12407. NSF OCEAN ACIDIFICATION ACTIVI- or could be managed or restored to effectively tion, the Secretary shall consult with coastal TIES. conserve, enhance, or restore ecological func- states, other Federal agencies, and other inter- (a) RESEARCH ACTIVITIES.—The Director of tion. The program shall be administered by the ested stakeholders with expertise in land acqui- the National Science Foundation shall continue National Ocean Service of the National Oceanic sition and conservation procedures. to carry out research activities on ocean acidifi- and Atmospheric Administration through the ‘‘(9) Eligible coastal states or National Estua- cation which shall support competitive, merit- Office of Ocean and Coastal Resource Manage- rine Research Reserves may allocate grants to based, peer-reviewed proposals for research and ment. local governments or agencies eligible for assist- monitoring of ocean acidification and its im- ‘‘(b) PROPERTY ACQUISITION GRANTS.—The ance under section 306A(e). pacts, including— Secretary shall make grants under the program ‘‘(10) The Secretary shall develop performance (1) impacts on marine organisms and marine to coastal states with approved coastal zone measures that the Secretary shall use to evalu- ecosystems; management plans or National Estuarine Re- ate and report on the program’s effectiveness in (2) impacts on ocean, coastal, and estuarine search Reserve units for the purpose of acquir- accomplishing its purposes, and shall submit biogeochemistry; and ing property or interests in property described in such evaluations to Congress triennially. (3) the development of methodologies and subsection (a) that will further the goals of— ‘‘(d) LIMITATIONS AND PRIVATE PROPERTY technologies to evaluate ocean acidification and ‘‘(1) a Coastal Zone Management Plan or Pro- PROTECTIONS.— its impacts. gram approved under this title; ‘‘(1) A grant awarded under this section may be used to purchase land or an interest in land, (b) CONSISTENCY.—The research activities ‘‘(2) a National Estuarine Research Reserve shall be consistent with the strategic research management plan; including an easement, only from a willing sell- plan developed by the Subcommittee under sec- ‘‘(3) a regional or State watershed protection er. Any such purchase shall not be the result of tion 12405. or management plan involving coastal states a forced taking under this section. Nothing in this section requires a private property owner to (c) COORDINATION.—The Director shall en- with approved coastal zone management pro- courage coordination of the Foundation’s ocean grams; or participate in the program under this section. acidification activities with such activities of ‘‘(4) a State coastal land acquisition plan that ‘‘(2) Any interest in land, including any ease- other nations and international organizations. is consistent with an approved coastal zone ment, acquired with a grant under this section management program. shall not be considered to create any new liabil- SEC. 12408. NASA OCEAN ACIDIFICATION ACTIVI- ‘‘(c) GRANT PROCESS.—The Secretary shall al- ity, or have any effect on liability under any TIES. locate funds to coastal states or National Estua- other law, of any private property owner with (a) OCEAN ACIDIFICATION ACTIVITIES.—The rine Research Reserves under this section respect to any person injured on the private Administrator of the National Aeronautics and through a competitive grant process in accord- property. Space Administration, in coordination with ance with guidelines that meet the following re- ‘‘(3) Nothing in this section requires a private other relevant agencies, shall ensure that space- quirements: property owner to provide access (including based monitoring assets are used in as produc- ‘‘(1) The Secretary shall consult with the Federal, State, or local government access) to or tive a manner as possible for monitoring of coastal state’s coastal zone management pro- use of private property unless such property or ocean acidification and its impacts. gram, any National Estuarine Research Reserve an interest in such property (including a con- (b) PROGRAM CONSISTENCY.—The Adminis- in that State, and the lead agency designated by servation easement) has been purchased with trator shall ensure that the Agency’s research the Governor for coordinating the implementa- funds made available under this section. and monitoring activities on ocean acidification tion of this section (if different from the coastal ‘‘(e) RECOGNITION OF AUTHORITY TO CONTROL are carried out in a manner consistent with the zone management program). LAND USE.—Nothing in this title modifies the strategic research plan developed by the Sub- ‘‘(2) Each participating coastal state, after authority of Federal, State, or local govern- committee under section 12405. consultation with local governmental entities ments to regulate land use. (c) COORDINATION.—The Administrator shall and other interested stakeholders, shall identify ‘‘(f) MATCHING REQUIREMENTS.— encourage coordination of the Agency’s ocean priority conservation needs within the State, the ‘‘(1) IN GENERAL.—The Secretary may not acidification activities with such activities of values to be protected by inclusion of lands in make a grant under the program unless the Fed- other nations and international organizations. the program, and the threats to those values eral funds are matched by non-Federal funds in SEC. 12409. AUTHORIZATION OF APPROPRIA- that should be avoided. accordance with this subsection. TIONS. ‘‘(3) Each participating coastal state shall to ‘‘(2) COST SHARE REQUIREMENT.— (a) NOAA.—There are authorized to be appro- the extent practicable ensure that the acquisi- ‘‘(A) IN GENERAL.—Grant funds under the priated to the National Oceanic and Atmos- tion of property or easements shall complement program shall require a 100 percent match from pheric Administration to carry out the purposes working waterfront needs. other non-Federal sources. of this subtitle— ‘‘(4) The applicant shall identify the values to ‘‘(B) WAIVER OF REQUIREMENT.—The Sec- (1) $8,000,000 for fiscal year 2009; be protected by inclusion of the lands in the retary may grant a waiver of subparagraph (A) (2) $12,000,000 for fiscal year 2010; program, management activities that are for underserved communities, communities that (3) $15,000,000 for fiscal year 2011; and planned and the manner in which they may af- have an inability to draw on other sources of (4) $20,000,000 for fiscal year 2012. fect the values identified, and any other infor- funding because of the small population or low (b) NSF.—There are authorized to be appro- mation from the landowner relevant to adminis- income of the community, or for other reasons priated to the National Science Foundation to tration and management of the land. the Secretary deems appropriate and consistent carry out the purposes of this subtitle— ‘‘(5) Awards shall be based on demonstrated with the purposes of the program. (1) $6,000,000 for fiscal year 2009; need for protection and ability to successfully ‘‘(3) OTHER FEDERAL FUNDS.—Where financial (2) $8,000,000 for fiscal year 2010; leverage funds among participating entities, in- assistance awarded under this section represents (3) $12,000,000 for fiscal year 2011; and cluding Federal programs, regional organiza- only a portion of the total cost of a project, (4) $15,000,000 for fiscal year 2012. tions, State and other governmental units, land- funding from other Federal sources may be ap- Subtitle E—Coastal and Estuarine Land owners, corporations, or private organizations. plied to the cost of the project. Each portion Conservation Program ‘‘(6) The governor, or the lead agency des- shall be subject to match requirements under the ignated by the governor for coordinating the im- applicable provision of law. SEC. 12501. SHORT TITLE. plementation of this section, where appropriate ‘‘(4) SOURCE OF MATCHING COST SHARE.—For This Act may be cited as the ‘‘Coastal and Es- in consultation with the appropriate local gov- purposes of paragraph (2)(A), the non-Federal tuarine Land Conservation Program Act’’. ernment, shall determine that the application is cost share for a project may be determined by SEC. 12502. AUTHORIZATION OF COASTAL AND consistent with the State’s or territory’s ap- taking into account the following: ESTUARINE LAND CONSERVATION proved coastal zone plan, program, and policies ‘‘(A) The value of land or a conservation ease- PROGRAM. prior to submittal to the Secretary. ment may be used by a project applicant as non- The Coastal Zone Management Act of 1972 (16 ‘‘(7)(A) Priority shall be given to lands de- Federal match, if the Secretary determines U.S.C. 1451 et seq.) is amended by inserting after scribed in subsection (a) that can be effectively that— section 307 the following new section: managed and protected and that have signifi- ‘‘(i) the land meets the criteria set forth in sec- ‘‘AUTHORIZATION OF THE COASTAL AND cant ecological value. tion 2(b) and is acquired in the period beginning ESTUARINE LAND CONSERVATION PROGRAM ‘‘(B) Of the projects that meet the standard in 3 years before the date of the submission of the ‘‘SEC. 307A. (a) IN GENERAL.—The Secretary subparagraph (A), priority shall be given to grant application and ending 3 years after the may conduct a Coastal and Estuarine Land lands that— date of the award of the grant; Conservation Program, in cooperation with ap- ‘‘(i) are under an imminent threat of conver- ‘‘(ii) the value of the land or easement is held propriate State, regional, and other units of sion to a use that will degrade or otherwise di- by a non-governmental organization included in

VerDate Mar 15 2010 12:18 Aug 01, 2011 Jkt 079102 PO 00000 Frm 00138 Fmt 0688 Sfmt 6333 E:\BR09\H25MR9.006 H25MR9 erowe on DSK5CLS3C1PROD with BOUND RECORD March 25, 2009 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 7 8721 the grant application in perpetuity for conserva- TITLE XIII—MISCELLANEOUS of other educational or charitable institutions; tion purposes of the program; and SEC. 13001. MANAGEMENT AND DISTRIBUTION OF and to provide a contingent effective date’’ and ‘‘(iii) the land or easement is connected either NORTH DAKOTA TRUST FUNDS. approved by the voters of the State of North Da- physically or through a conservation planning (a) NORTH DAKOTA TRUST FUNDS.—The Act of kota on November 7, 2006. process to the land or easement that would be February 22, 1889 (25 Stat. 676, chapter 180), is SEC. 13002. AMENDMENTS TO THE FISHERIES acquired. amended by adding at the end the following: RESTORATION AND IRRIGATION MITIGATION ACT OF 2000. ‘‘(B) The appraised value of the land or con- ‘‘SEC. 26. NORTH DAKOTA TRUST FUNDS. RIORITY ROJECTS servation easement at the time of the grant clos- ‘‘(a) DISPOSITION.—Notwithstanding section (a) P P .—Section 3(c)(3) of the ing will be considered and applied as the non- 11, the State of North Dakota shall, with respect Fisheries Restoration and Irrigation Mitigation Federal cost share. to any trust fund in which proceeds from the Act of 2000 (16 U.S.C. 777 note; Public Law 106– ‘‘(C) Costs associated with land acquisition, sale of public land are deposited under this Act 502) is amended by striking ‘‘$5,000,000’’ and in- land management planning, remediation, res- (referred to in this section as the ‘trust fund’)— serting ‘‘$2,500,000’’. toration, and enhancement may be used as non- ‘‘(1) deposit all revenues earned by a trust (b) COST SHARING.—Section 7(c) of Fisheries Federal match if the activities are identified in fund into the trust fund; Restoration and Irrigation Mitigation Act of the plan and expenses are incurred within the ‘‘(2) deduct the costs of administering a trust 2000 (16 U.S.C. 777 note; Public Law 106–502) is period of the grant award, or, for lands de- fund from each trust fund; and amended— scribed in (A), within the same time limits de- ‘‘(3) manage each trust fund to— (1) by striking ‘‘The value’’ and inserting the scribed therein. These costs may include either ‘‘(A) preserve the purchasing power of the following: cash or in-kind contributions. trust fund; and ‘‘(1) IN GENERAL.—The value’’; and ‘‘(g) RESERVATION OF FUNDS FOR NATIONAL ‘‘(B) maintain stable distributions to trust (2) by adding at the end the following: ESTUARINE RESEARCH RESERVE SITES.—No less fund beneficiaries. ‘‘(2) BONNEVILLE POWER ADMINISTRATION.— than 15 percent of funds made available under ‘‘(b) DISTRIBUTIONS.—Notwithstanding section ‘‘(A) IN GENERAL.—The Secretary may, with- this section shall be available for acquisitions 11, any distributions from trust funds in the out further appropriation and without fiscal benefitting National Estuarine Research Re- State of North Dakota shall be made in accord- year limitation, accept any amounts provided to serves. ance with section 2 of article IX of the Constitu- the Secretary by the Administrator of the Bon- ‘‘(h) LIMIT ON ADMINISTRATIVE COSTS.—No tion of the State of North Dakota. neville Power Administration. more than 5 percent of the funds made available ‘‘(c) MANAGEMENT OF PROCEEDS.—Notwith- ‘‘(B) NON-FEDERAL SHARE.—Any amounts pro- to the Secretary under this section shall be used standing section 13, the State of North Dakota vided by the Bonneville Power Administration by the Secretary for planning or administration shall manage the proceeds referred to in that directly or through a grant to another entity for of the program. The Secretary shall provide a section in accordance with subsections (a) and a project carried under the Program shall be report to Congress with an account of all ex- (b). credited toward the non-Federal share of the penditures under this section for fiscal year 2009 ‘‘(d) MANAGEMENT OF LAND AND PROCEEDS.— costs of the project.’’. and triennially thereafter. Notwithstanding sections 14 and 16, the State of (c) REPORT.—Section 9 of the Fisheries Res- ‘‘(i) TITLE AND MANAGEMENT OF ACQUIRED North Dakota shall manage the land granted toration and Irrigation Mitigation Act of 2000 PROPERTY.—If any property is acquired in under that section, including any proceeds from (16 U.S.C. 777 note; Public Law 106–502) is whole or in part with funds made available the land, and make distributions in accordance amended— through a grant under this section, the grant re- with subsections (a) and (b).’’. (1) by inserting ‘‘any’’ before ‘‘amounts are cipient shall provide— (b) MANAGEMENT AND DISTRIBUTION OF MOR- made’’; and ‘‘(1) such assurances as the Secretary may re- RILL ACT GRANTS.—The Act of July 2, 1862 (com- (2) by inserting after ‘‘Secretary shall’’ the quire that— monly known as the ‘‘First Morrill Act’’) (7 following: ‘‘, after partnering with local govern- ‘‘(A) the title to the property will be held by U.S.C. 301 et seq.), is amended by adding at the mental entities and the States in the Pacific the grant recipient or another appropriate pub- end the following: Ocean drainage area,’’. lic agency designated by the recipient in per- ‘‘SEC. 9. LAND GRANTS IN THE STATE OF NORTH (d) AUTHORIZATION OF APPROPRIATIONS.—Sec- petuity; DAKOTA. tion 10 of the Fisheries Restoration and Irriga- ‘‘(B) the property will be managed in a man- ‘‘(a) EXPENSES.—Notwithstanding section 3, tion Mitigation Act of 2000 (16 U.S.C. 777 note; ner that is consistent with the purposes for the State of North Dakota shall manage the Public Law 106–502) is amended— which the land entered into the program and land granted to the State under the first section, (1) in subsection (a), by striking ‘‘2001 shall not convert such property to other uses; including any proceeds from the land, in ac- through 2005’’ and inserting ‘‘2009 through and cordance with this section. 2015’’; and ‘‘(C) if the property or interest in land is sold, ‘‘(b) DISPOSITION OF PROCEEDS.—Notwith- (2) in subsection (b), by striking paragraph (2) exchanged, or divested, funds equal to the cur- standing section 4, the State of North Dakota and inserting the following: rent value will be returned to the Secretary in shall, with respect to any trust fund in which ‘‘(2) ADMINISTRATIVE EXPENSES.— accordance with applicable Federal law for re- proceeds from the sale of land under this Act ‘‘(A) DEFINITION OF ADMINISTRATIVE EX- distribution in the grant process; and are deposited (referred to in this section as the PENSE.—In this paragraph, the term ‘adminis- ‘‘(2) certification that the property (including ‘trust fund’)— trative expense’ means, except as provided in any interest in land) will be acquired from a ‘‘(1) deposit all revenues earned by a trust subparagraph (B)(iii)(II), any expenditure relat- willing seller. fund into the trust fund; ing to— ‘‘(j) REQUIREMENT FOR PROPERTY USED FOR ‘‘(2) deduct the costs of administering a trust ‘‘(i) staffing and overhead, such as the rental NON-FEDERAL MATCH.—If the grant recipient fund from each trust fund; and of office space and the acquisition of office elects to use any land or interest in land held by ‘‘(3) manage each trust fund to— equipment; and a non-governmental organization as a non-Fed- ‘‘(A) preserve the purchasing power of the ‘‘(ii) the review, processing, and provision of eral match under subsection (g), the grant re- trust fund; and applications for funding under the Program. cipient must to the Secretary’s satisfaction dem- ‘‘(B) maintain stable distributions to trust ‘‘(B) LIMITATION.— onstrate in the grant application that such land fund beneficiaries. ‘‘(i) IN GENERAL.—Not more than 6 percent of or interest will satisfy the same requirements as ‘‘(c) DISTRIBUTIONS.—Notwithstanding section amounts made available to carry out this Act for the lands or interests in lands acquired under 4, any distributions from trust funds in the each fiscal year may be used for Federal and the program. State of North Dakota shall be made in accord- State administrative expenses of carrying out ‘‘(k) DEFINITIONS.—In this section: ance with section 2 of article IX of the Constitu- this Act. ‘‘(1) CONSERVATION EASEMENT.—The term tion of the State of North Dakota. ‘‘(ii) FEDERAL AND STATE SHARES.—To the ‘conservation easement’ includes an easement or ‘‘(d) MANAGEMENT.—Notwithstanding section maximum extent practicable, of the amounts restriction, recorded deed, or a reserve interest 5, the State of North Dakota shall manage the made available for administrative expenses deed where the grantee acquires all rights, title, land granted under the first section, including under clause (i)— and interest in a property, that do not conflict any proceeds from the land, in accordance with ‘‘(I) 50 percent shall be provided to the State with the goals of this section except those rights, this section.’’. agencies provided assistance under the Program; title, and interests that may run with the land (c) CONSENT OF CONGRESS.—Effective July 1, and that are expressly reserved by a grantor and are 2009, Congress consents to the amendments to ‘‘(II) an amount equal to the cost of 1 full- agreed to at the time of purchase. the Constitution of North Dakota proposed by time equivalent Federal employee, as determined ‘‘(2) INTEREST IN PROPERTY.—The term ‘inter- House Concurrent Resolution No. 3037 of the by the Secretary, shall be provided to the Fed- est in property’ includes a conservation ease- 59th Legislature of the State of North Dakota eral agency carrying out the Program. ment. entitled ‘‘A concurrent resolution for the ‘‘(iii) STATE EXPENSES.—Amounts made avail- ‘‘(l) AUTHORIZATION OF APPROPRIATIONS.— amendment of sections 1 and 2 of article IX of able to States for administrative expenses under There are authorized to be appropriated to the the Constitution of North Dakota, relating to clause (i)— Secretary to carry out this section $60,000,000 for distributions from and the management of the ‘‘(I) shall be divided evenly among all States each of fiscal years 2009 through 2013.’’. common schools trust fund and the trust funds provided assistance under the Program; and

VerDate Mar 15 2010 12:18 Aug 01, 2011 Jkt 079102 PO 00000 Frm 00139 Fmt 0688 Sfmt 6333 E:\BR09\H25MR9.006 H25MR9 erowe on DSK5CLS3C1PROD with BOUND RECORD 8722 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 7 March 25, 2009 ‘‘(II) may be used by a State to provide tech- (A) is the approximately 135 acres of land (A) take fee title to the parcel and any im- nical assistance relating to the program, includ- identified as ‘‘Parcel A’’ on the map; provements to the parcel, as contaminated; ing any staffing expenditures (including staff (B) includes any improvements to the land de- (B) be responsible for undertaking and com- travel expenses) associated with— scribed in subparagraph (A); and pleting all environmental remediation required ‘‘(aa) arranging meetings to promote the Pro- (C) excludes any portion of the utility system at, in, under, from, or on the parcel for all envi- gram to potential applicants; and infrastructure reserved by the Secretary of ronmental conditions relating to or arising from ‘‘(bb) assisting applicants with the prepara- the Air Force under paragraph (4). the release or threat of release of waste mate- tion of applications for funding under the Pro- (3) OTHER FEDERAL AGENCIES.—The Secretary rial, substances, or constituents, in the same gram; and of the Interior and the Secretary of the Air manner and to the same extent as required by ‘‘(cc) visiting construction sites to provide Force shall complete any real property actions, law applicable to privately owned facilities, re- technical assistance, if requested by the appli- including the revocation of any Federal with- gardless of the date of the contamination or the cant.’’. drawals of the parcel conveyed under para- responsible party; SEC. 13003. AMENDMENTS TO THE ALASKA NAT- graph (1) and the parcel described in subsection (C) indemnify the United States for— URAL GAS PIPELINE ACT. (c)(1), that are necessary to allow the Secretary (i) any environmental remediation or response Section 107(a) of the Alaska Natural Gas Pipe- of Energy to— costs the United States reasonably incurs if the line Act (15 U.S.C. 720e(a)) is amended by strik- (A) convey the parcel under paragraph (1); or Institute fails to remediate the parcel; or (B) transfer administrative jurisdiction under ing paragraph (3) and inserting the following: (ii) contamination at, in, under, from, or on ‘‘(3) the validity of any determination, permit, subsection (c). the land, for all environmental conditions relat- (4) RESERVATION OF UTILITY INFRASTRUCTURE approval, authorization, review, or other related ing to or arising from the release or threat of re- AND ACCESS.—The Secretary of the Air Force action taken under any provision of law relat- lease of waste material, substances, or constitu- may retain ownership and control of— ing to a gas transportation project constructed (A) any portions of the utility system and in- ents; and operated in accordance with section 103, in- frastructure located on the parcel conveyed (D) indemnify, defend, and hold harmless the cluding— under paragraph (1); and United States from any damages, costs, ex- ‘‘(A) subchapter II of chapter 5, and chapter (B) any rights of access determined to be nec- penses, liabilities, fines, penalties, claim, or de- 7, of title 5, United States Code (commonly essary by the Secretary of the Air Force to oper- mand for loss, including claims for property known as the ‘Administrative Procedure Act’); ate and maintain the utilities on the parcel. damage, personal injury, or death resulting ‘‘(B) the Endangered Species Act of 1973 (16 (5) RESTRICTIONS ON USE.— from releases, discharges, emissions, spills, stor- U.S.C. 1531 et seq.); (A) AUTHORIZED USES.—The Institute shall age, disposal, or any other acts or omissions by ‘‘(C) the National Environmental Policy Act allow only research, scientific, or educational the Institute and any officers, agents, employ- of 1969 (42 U.S.C. 4321 et seq.); uses of the parcel conveyed under paragraph ees, contractors, sublessees, licensees, succes- ‘‘(D) the National Historic Preservation Act (1). sors, assigns, or invitees of the Institute arising (16 U.S.C. 470 et seq.); and (B) REVERSION.— from activities conducted, on or after October 1, ‘‘(E) the Alaska National Interest Lands Con- (i) IN GENERAL.—If, at any time, the Secretary 1996, on the parcel conveyed under paragraph servation Act (16 U.S.C. 3101 et seq.).’’. of Energy, in consultation with the Secretary of (1); and SEC. 13004. ADDITIONAL ASSISTANT SECRETARY the Air Force, determines, in accordance with (E) reimburse the United States for all legal FOR DEPARTMENT OF ENERGY. clause (ii), that the parcel conveyed under para- and attorney fees, costs, and expenses incurred (a) IN GENERAL.—Section 203(a) of the Depart- graph (1) is not being used for a purpose de- in association with the defense of any claims de- ment of Energy Organization Act (42 U.S.C. scribed in subparagraph (A)— scribed in subparagraph (D). 7133(a)) is amended in the first sentence by (I) all right, title, and interest in and to the (8) CONTINGENT ENVIRONMENTAL RESPONSE OB- striking ‘‘7 Assistant Secretaries’’ and inserting entire parcel, or any portion of the parcel not LIGATIONS.—If the Institute does not undertake ‘‘8 Assistant Secretaries’’. being used for the purposes, shall revert, at the or complete environmental remediation as re- (b) CONFORMING AMENDMENT.—Section 5315 of option of the Secretary, to the United States; quired by paragraph (7) and the United States title 5, United States Code, is amended by strik- and is required to assume the responsibilities of the ing ‘‘Assistant Secretaries of Energy (7)’’ and (II) the United States shall have the right of remediation, the Secretary of Energy shall be re- inserting ‘‘Assistant Secretaries of Energy (8)’’. immediate entry onto the parcel. sponsible for conducting any necessary environ- (ii) REQUIREMENTS FOR DETERMINATION.—Any SEC. 13005. LOVELACE RESPIRATORY RESEARCH mental remediation or response actions with re- INSTITUTE. determination of the Secretary under clause (i) spect to the parcel conveyed under paragraph shall be made on the record and after an oppor- (a) DEFINITIONS.—In this section: (1). tunity for a hearing. (1) INSTITUTE.—The term ‘‘Institute’’ means (9) NO ADDITIONAL COMPENSATION.—Except as (6) COSTS.— the Lovelace Respiratory Research Institute, a otherwise provided in this section, no additional (A) IN GENERAL.—The Secretary of Energy consideration shall be required for conveyance nonprofit organization chartered under the laws shall require the Institute to pay, or reimburse of the parcel to the Institute under paragraph of the State of New Mexico. the Secretary concerned, for any costs incurred (1). (2) MAP.—The term ‘‘map’’ means the map en- by the Secretary concerned in carrying out the (10) ACCESS AND UTILITIES.—On conveyance of titled ‘‘Lovelace Respiratory Research Institute conveyance under paragraph (1), including any the parcel under paragraph (1), the Secretary of Land Conveyance’’ and dated March 18, 2008. survey costs related to the conveyance. the Air Force shall, on behalf of the United (3) SECRETARY CONCERNED.—The term ‘‘Sec- (B) REFUND.—If the Secretary concerned col- States and subject to any terms and conditions retary concerned’’ means— lects amounts under subparagraph (A) from the as the Secretary determines to be necessary (in- (A) the Secretary of Energy, with respect to Institute before the Secretary concerned incurs cluding conditions providing for the reimburse- matters concerning the Department of Energy; the actual costs, and the amount collected ex- ment of costs), provide the Institute with— (B) the Secretary of the Interior, with respect ceeds the actual costs incurred by the Secretary (A) access for employees and invitees of the to matters concerning the Department of the In- concerned to carry out the conveyance, the Sec- Institute across Kirtland Air Force Base to the terior; and retary concerned shall refund to the Institute parcel conveyed under that paragraph; and (C) the Secretary of the Air Force, with re- an amount equal to difference between— spect to matters concerning the Department of (i) the amount collected by the Secretary con- (B) access to utility services for the land and the Air Force. cerned; and any improvements to the land conveyed under (4) SECRETARY OF ENERGY.—The term ‘‘Sec- (ii) the actual costs incurred by the Secretary that paragraph. retary of Energy’’ means the Secretary of En- concerned. (11) ADDITIONAL TERM AND CONDITIONS.—The ergy, acting through the Administrator for the (C) DEPOSIT IN FUND.— Secretary of Energy, in consultation with the National Nuclear Security Administration. (i) IN GENERAL.—Amounts received by the Secretary of the Interior and Secretary of the (b) CONVEYANCE OF LAND.— United States under this paragraph as a reim- Air Force, may require any additional terms and (1) IN GENERAL.—Notwithstanding section bursement or recovery of costs incurred by the conditions for the conveyance under paragraph 120(h) of the Comprehensive Environmental Re- Secretary concerned to carry out the convey- (1) that the Secretaries determine to be appro- sponse, Compensation, and Liability Act of 1980 ance under paragraph (1) shall be deposited in priate to protect the interests of the United (42 U.S.C. 9620(h)) and subject to valid existing the fund or account that was used to cover the States. rights and this section, the Secretary of Energy, costs incurred by the Secretary concerned in (c) TRANSFER OF ADMINISTRATIVE JURISDIC- in consultation with the Secretary of the Inte- carrying out the conveyance. TION.— rior and the Secretary of the Air Force, may (ii) USE.—Any amounts deposited under (1) IN GENERAL.—After the conveyance under convey to the Institute, on behalf of the United clause (i) shall be available for the same pur- subsection (b)(1) has been completed, the Sec- States, all right, title, and interest of the United poses, and subject to the same conditions and retary of Energy shall, on request of the Sec- States in and to the parcel of land described in limitations, as any other amounts in the fund or retary of the Air Force, transfer to the Secretary paragraph (2) for research, scientific, or edu- account. of the Air Force administrative jurisdiction over cational use. (7) CONTAMINATED LAND.—In consideration the parcel of approximately 7 acres of land iden- (2) DESCRIPTION OF LAND.—The parcel of land for the conveyance of the parcel under para- tified as ‘‘Parcel B’’ on the map, including any referred to in paragraph (1)— graph (1), the Institute shall— improvements to the parcel.

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(2) REMOVAL OF IMPROVEMENTS.—In concur- the public regarding such programs and activi- ment of a population-based database that may rence with the transfer under paragraph (1), the ties. be used for longitudinal and other research on Secretary of Energy shall, on request of the Sec- Subtitle B—Paralysis Rehabilitation Research paralysis and other disabling conditions; and retary of the Air Force, arrange and pay for re- and Care (4) the replication and translation of best practices and the sharing of information across moval of any improvements to the parcel trans- SEC. 14201. ACTIVITIES OF THE NATIONAL INSTI- ferred under that paragraph. TUTES OF HEALTH WITH RESPECT States, as well as the development of com- SEC. 13006. AUTHORIZATION OF APPROPRIA- TO RESEARCH WITH IMPLICATIONS prehensive, unique, and innovative programs, TIONS FOR NATIONAL TROPICAL BO- FOR ENHANCING DAILY FUNCTION services, and demonstrations within existing TANICAL GARDEN. FOR PERSONS WITH PARALYSIS. State-based disability and health programs of Chapter 1535 of title 36, United States Code, is (a) IN GENERAL.—The Director, pursuant to the Centers for Disease Control and Prevention amended by adding at the end the following: the general authority of the Director, may make which are designed to support and advance ‘‘§ 153514. Authorization of appropriations awards of grants to public or private entities to quality of life programs for persons living with pay all or part of the costs of planning, estab- paralysis and other physical disabilities focus- ‘‘(a) IN GENERAL.—Subject to subsection (b), lishing, improving, and providing basic oper- ing on— there is authorized to be appropriated to the ating support to multicenter networks of clinical (A) caregiver education; corporation for operation and maintenance ex- sites that will collaborate to design clinical re- (B) promoting proper nutrition, increasing penses $500,000 for each of fiscal years 2008 habilitation intervention protocols and measures physical activity, and reducing tobacco use; through 2017. of outcomes on one or more forms of paralysis (C) education and awareness programs for ‘‘(b) LIMITATION.—Any Federal funds made that result from central nervous system trauma, health care providers; available under subsection (a) shall be matched disorders, or stroke, or any combination of such (D) prevention of secondary complications; on a 1-to-1 basis by non-Federal funds.’’. conditions. (E) home- and community-based interven- TITLE XIV—CHRISTOPHER AND DANA (b) RESEARCH.—A multicenter network of clin- tions; REEVE PARALYSIS ACT ical sites funded through this section may— (F) coordinating services and removing bar- SEC. 14001. SHORT TITLE. (1) focus on areas of key scientific concern, riers that prevent full participation and integra- This title may be cited as the ‘‘Christopher including— tion into the community; and and Dana Reeve Paralysis Act’’. (A) improving functional mobility; (G) recognizing the unique needs of under- (B) promoting behavioral adaptation to func- served populations. Subtitle A—Paralysis Research tional losses, especially to prevent secondary (c) GRANTS.—The Secretary may award grants SEC. 14101. ACTIVITIES OF THE NATIONAL INSTI- complications; in accordance with the following: TUTES OF HEALTH WITH RESPECT (C) assessing the efficacy and outcomes of (1) To State and local health and disability TO RESEARCH ON PARALYSIS. medical rehabilitation therapies and practices agencies for the purpose of— (a) COORDINATION.—The Director of the Na- and assisting technologies; (A) establishing a population-based database tional Institutes of Health (referred to in this (D) developing improved assistive technology that may be used for longitudinal and other re- title as the ‘‘Director’’), pursuant to the general to improve function and independence; and search on paralysis and other disabling condi- authority of the Director, may develop mecha- (E) understanding whole body system re- tions; nisms to coordinate the paralysis research and sponses to physical impairments, disabilities, (B) developing comprehensive paralysis and rehabilitation activities of the Institutes and and societal and functional limitations; and other physical disability action plans and ac- Centers of the National Institutes of Health in (2) replicate the findings of network members tivities focused on the items listed in subsection order to further advance such activities and or other researchers for scientific and trans- (b)(4); avoid duplication of activities. lation purposes. (C) assisting State-based programs in estab- (b) CHRISTOPHER AND DANA REEVE PARALYSIS (c) COORDINATION OF CLINICAL TRIALS NET- lishing and implementing partnerships and col- RESEARCH CONSORTIA.— WORKS; REPORTS.—The Director may, as appro- laborations that maximize the input and support (1) IN GENERAL.—The Director may make priate, provide for the coordination of informa- of people with paralysis and other physical dis- awards of grants to public or private entities to tion among networks funded through this sec- abilities and their constituent organizations; pay all or part of the cost of planning, estab- tion and ensure regular communication among (D) coordinating paralysis and physical dis- lishing, improving, and providing basic oper- members of the networks, and may require the ability activities with existing State-based dis- ating support for consortia in paralysis re- periodic preparation of reports on the activities ability and health programs; search. The Director shall designate each con- of the networks and submission of reports to the (E) providing education and training opportu- sortium funded through such grants as a Chris- Director. nities and programs for health professionals and topher and Dana Reeve Paralysis Research Subtitle C—Improving Quality of Life for Per- allied caregivers; and Consortium. sons With Paralysis and Other Physical Dis- (F) developing, testing, evaluating, and repli- (2) RESEARCH.—Each consortium under para- abilities cating effective intervention programs to main- graph (1)— tain or improve health and quality of life. SEC. 14301. PROGRAMS TO IMPROVE QUALITY OF (2) To private health and disability organiza- (A) may conduct basic, translational, and LIFE FOR PERSONS WITH PARALYSIS clinical paralysis research; AND OTHER PHYSICAL DISABILITIES. tions for the purpose of— (B) may focus on advancing treatments and (a) IN GENERAL.—The Secretary of Health and (A) disseminating information to the public; developing therapies in paralysis research; Human Services (in this subtitle referred to as (B) improving access to services for persons (C) may focus on one or more forms of paral- the ‘‘Secretary’’) may study the unique health living with paralysis and other physical disabil- ysis that result from central nervous system challenges associated with paralysis and other ities and their caregivers; (C) testing model intervention programs to im- trauma or stroke; physical disabilities and carry out projects and prove health and quality of life; and (D) may facilitate and enhance the dissemina- interventions to improve the quality of life and (D) coordinating existing services with State- tion of clinical and scientific findings; and long-term health status of persons with paral- based disability and health programs. (E) may replicate the findings of consortia ysis and other physical disabilities. The Sec- (d) COORDINATION OF ACTIVITIES.—The Sec- members or other researchers for scientific and retary may carry out such projects directly and retary shall ensure that activities under this translational purposes. through awards of grants or contracts. section are coordinated as appropriate by the (3) COORDINATION OF CONSORTIA; REPORTS.— (b) CERTAIN ACTIVITIES.—Activities under sub- agencies of the Department of Health and The Director may, as appropriate, provide for section (a) may include— the coordination of information among con- (1) the development of a national paralysis Human Services. (e) AUTHORIZATION OF APPROPRIATIONS.—For sortia under paragraph (1) and ensure regular and physical disability quality of life action the purpose of carrying out this section, there is communication among members of the consortia, plan, to promote health and wellness in order to authorized to be appropriated $25,000,000 for and may require the periodic preparation of re- enhance full participation, independent living, each of fiscal years 2008 through 2011. ports on the activities of the consortia and the self-sufficiency, and equality of opportunity in submission of the reports to the Director. partnership with voluntary health agencies fo- TITLE XV—SMITHSONIAN INSTITUTION (4) ORGANIZATION OF CONSORTIA.—Each con- cused on paralysis and other physical disabil- FACILITIES AUTHORIZATION sortium under paragraph (1) may use the facili- ities, to be carried out in coordination with the SEC. 15101. LABORATORY AND SUPPORT SPACE, ties of a single lead institution, or be formed State-based Disability and Health Program of EDGEWATER, MARYLAND. from several cooperating institutions, meeting the Centers for Disease Control and Prevention; (a) AUTHORITY TO DESIGN AND CONSTRUCT.— such requirements as may be prescribed by the (2) support for programs to disseminate infor- The Board of Regents of the Smithsonian Insti- Director. mation involving care and rehabilitation options tution is authorized to design and construct lab- (c) PUBLIC INPUT.—The Director may provide and quality of life grant programs supportive of oratory and support space to accommodate the for a mechanism to educate and disseminate in- community-based programs and support systems Mathias Laboratory at the Smithsonian Envi- formation on the existing and planned programs for persons with paralysis and other physical ronmental Research Center in Edgewater, Mary- and research activities of the National Institutes disabilities; land. of Health with respect to paralysis and through (3) in collaboration with other centers and na- (b) AUTHORIZATION OF APPROPRIATIONS.— which the Director can receive comments from tional voluntary health agencies, the establish- There is authorized to be appropriated to carry

VerDate Mar 15 2010 12:18 Aug 01, 2011 Jkt 079102 PO 00000 Frm 00141 Fmt 0688 Sfmt 6333 E:\BR09\H25MR9.006 H25MR9 erowe on DSK5CLS3C1PROD with BOUND RECORD 8724 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 7 March 25, 2009 out this section a total of $41,000,000 for fiscal strengthen the National Park System, Mr. HASTINGS of Washington. Mr. years 2009 through 2011. Such sums shall remain restore our national forests, preserve Speaker, I yield myself such time as I available until expended. our Wild and Scenic Rivers, protect our may consume. SEC. 15102. LABORATORY SPACE, GAMBOA, PAN- sacred battlefields, and restore balance Mr. Speaker, this bill has gone AMA. to the management of our public lands. through quite a process. And although (a) AUTHORITY TO CONSTRUCT.—The Board of this bill contains several meritorious Regents of the Smithsonian Institution is au- After nearly a decade during which thorized to construct laboratory space to accom- our parks were taken for granted and separate pieces of legislation, and modate the terrestrial research program of the our rangelands were scarred by a spider three parts of this omnibus bill are Smithsonian tropical research institute in web of roads and well pads—after near- mine, I might add, the negatives in this Gamboa, Panama. ly a decade during which responsible bill and the failure to consider it under (b) AUTHORIZATION OF APPROPRIATIONS.— stewardship was abandoned—this omni- regular order of any kind of open, in- There is authorized to be appropriated to carry bus package represents a new dawn. A clusive process outweigh any reason, in out this section a total of $14,000,000 for fiscal new dawn for America’s heritage and my mind, to go forward. years 2009 and 2010. Such sums shall remain America’s values. By now, it is well known that Repub- available until expended. licans have tried to amend this bill to SEC. 15103. CONSTRUCTION OF GREENHOUSE FA- b 1230 restore needed House provisions, to re- CILITY. It will preserve pristine wilderness, move egregious provisions, and add (a) IN GENERAL.—The Board of Regents of the Smithsonian Institution is authorized to con- such as in my home State of West Vir- protections for Americans’ second struct a greenhouse facility at its museum sup- ginia, protect our national monuments amendment rights. port facility in Suitland, Maryland, to maintain and conservation areas, conserve our If we had been allowed to offer these the horticultural operations of, and preserve the free-flowing rivers, establish new park amendments, we might have produced orchid collection held in trust by, the Smithso- units, guarantee abundant clean water legislation almost all Members of the nian Institution. for thousands of families, and more. House could support; however, we have (b) AUTHORIZATION OF APPROPRIATIONS.— At a time when so much of the news been blocked at every opportunity There is authorized to be appropriated from participating in this process. $12,000,000 to carry out this section. Such sums is bad, when so much about our future seems uncertain, enactment of this This package is largely a product of shall remain available until expended. closed-door deal-making. It is designed Amend the title so as to read: ‘‘An Act to public lands bill will serve as a re- designate certain land as components of the minder that our Nation is truly to ensure that just enough congres- National Wilderness Preservation System, to blessed; and that, no matter what hap- sional districts receive something to authorize certain programs and activities in pens, if we pass those blessings on to induce support for very controversial the Department of the Interior and the De- our children, our Nation will survive measures that underwent no public partment of Agriculture, and for other pur- and endure. hearing. poses.’’. One advantage of having considered The Democrat leadership likes to MOTION OFFERED BY MR. RAHALL this package before is that we have argue that the full House has acted on The text of the motion is as follows: heard all the arguments. We have more than 70 provisions in this bill. What they don’t say is that at least 100 Mr. Rahall moves that the House concur in heard all the arguments against it, and provisions have not been considered by the amendments of the Senate. we know that they have been proven The SPEAKER pro tempore. Pursu- the full House. wrong. Mr. Speaker, this may look familiar ant to House Resolution 280, the mo- For example, we were told that this tion shall be debatable for 1 hour to some people. It is a large, large bill. package costs a great deal of money. Of that, only this amount has been equally divided and controlled by the The Congressional Budget Office has considered by the House. It seems like Chair and ranking minority member of made it clear; it does not. We were told we haven’t learned from what past ex- the Committee on Natural Resources. that this is a big Federal land grab; but perience has taught us about trying to The gentleman from West Virginia Members now understand that this put massive bills through the House (Mr. RAHALL) and the gentleman from package contains no condemnation nor without having somewhat of an open Washington (Mr. HASTINGS) each will taking of land of any kind. We were process. control 30 minutes. told this package contained a provision Every motion, procedure, and action The Chair recognizes the gentleman that would put children in jail for col- of this body has been used to deny the from West Virginia. lecting fossils. We know now that only House Republicans any meaningful par- GENERAL LEAVE large commercial companies who take ticipation in this bill. The House’s fail- Mr. RAHALL. Mr. Speaker, I ask public resources and sell them for pri- ure to study these 100 provisions will unanimous consent that all Members vate profit will be penalized. have serious consequences, in my view, may have 5 legislative days in which to The truth is, this package of bills for an ailing economy. revise and extend their remarks and in- will make small but meaningful im- Before the House rejected this pack- clude extraneous material on the mat- provements in the quality of life for age under suspension of the rules, our ter under consideration. millions of Americans across our great friends on the other side of the aisle ar- The SPEAKER pro tempore. Is there country. The arguments made by oppo- gued that this bill is just what America objection to the request of the gen- nents are petty by comparison. That is needs in difficult times. Well, it seems tleman from West Virginia? why an overwhelming and bipartisan to me the discussion in this new Con- There was no objection. majority of 77 members of the other gress has been around the economy and Mr. RAHALL. Mr. Speaker, I yield body and 282 Members of this House the need for American jobs. And I myself such time as I may consume. have already voted for this bill. think that we can all agree that Amer- Mr. Speaker, the road leading us here We have all heard the saying: That icans need jobs. Although H.R. 146 today has been a long one and it has which does not kill us makes us strong- might create a few jobs, these jobs will contained a few twists and turns along er. Attempts to kill this important be mostly limited to bureaucrats put- the way. As my colleagues are well package have failed, making our com- ting up ‘‘Do Not Enter and No Access’’ aware, a series of procedural hurdles in mitment to getting it enacted that signs all over America’s public lands. both the House and the Senate has de- much stronger. And these few jobs will be far out- layed enactment of this legislation. It The road leading us here has indeed numbered by the jobs that would be would truly be a shame, however, to had some twists and turns, but today killed by this bill. allow those difficulties to overshadow we arrive at the end. I urge my col- Are our memories so short that we just how important this bill is. leagues to support H.R. 146 and, finally, have forgotten the energy crisis of just The Omnibus Public Lands Manage- send this bill to the President for his last summer and the role that it played ment Act of 2009 is landmark legisla- signature. in the economic downturn that we ex- tion. It combines measures that will I reserve the balance of my time. perienced in the second half of last

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year? Evidently, the Democrat leader- over this bill had any hearing on the concerns of Mr. HASTINGS, Mr. BISHOP, ship’s answer to this is to close off en- troubling provisions within this bill. and others, about the recent district ergy-rich public lands forever. So, Mr. Speaker, that is not how the court decision limiting the ability of This package contains 19 provisions people’s House ought to work. This citizens to carry concealed weapons in to block American-made energy pro- House is the House wherein no Member national parks. However, that decision duction, locking away hundreds of mil- has ever served that was not elected. It does not in any way relate to my lions of barrels of oil and trillions of is the closest to the people. And when amendment, and it certainly doesn’t cubic feet of natural gas. More than 3 we have concerns, then let’s debate create a loophole. I agree that the million acres of public land are perma- those concerns, and let’s have a vote. right-to-carry issue is vitally impor- nently locked away from energy devel- And I understand how that works. We tant, but it is a separate issue based on opment. Now, these are public lands, in have three buttons, but I generally a court ruling that took place after a time when our economy is slowing, in only press two, yes and no; and, who- this bill was finalized. I look forward to a time when we need to try to get the ever has the most votes prevails. But working closely with Mr. HASTINGS and economy going, and no sector could be we have been denied even that basic op- Mr. BISHOP to address this important better I think than the energy sector, portunity in the people’s House on this issue through a more appropriate legis- especially the American energy sector; bill. lative vehicle. yet, this bill goes the opposite way of The amendments I offered, for exam- Today’s action by the House protects what I just cited. ple, last night in the Rules Committee the rights of our Nation’s sportsmen It is ironic, while Democrat leaders that were rejected, all on a party-line and their ability to hunt, fish, and trap accuse industry of stockpiling Federal vote, I might add, were bills that only on millions of acres of public land. The oil and gas leases, the truth is that the address the most egregious parts. We language that I worked to include Federal Government, through the ac- had a discussion with some of the makes it clear that the fundamental tions of the Democrat majority in this members of the Rules Committee rights are protected, and I ask my col- Congress, is stockpiling lands to block where they were talking about some of leagues to support this bill. energy production. the provisions they worked on were Mr. HASTINGS of Washington. Mr. H.R. 146 has many other problems. It carefully crafted. In fact, the distin- Speaker, before I yield to the gen- could—and I say ‘‘could’’—result in a guished chairman mentioned that. And tleman from California, I yield myself ban on the use of vehicles and other I totally agree; I know there are provi- 15 seconds to simply say that the NRA technology to patrol the U.S. border. It sions that have been crafted. But for does not endorse this bill. The NRA en- bans recreational access to millions of those provisions in the bill that have dorsed the gentleman’s amendment acres of public lands. Even worse, it de- some dissension, some difference of that he offered 2 weeks ago, but it does nies those dependent on wheelchairs, opinion, then let’s discuss that, and not endorse this bill. including disabled veterans, from fully then we can have a vote and whichever NATIONAL RIFLE ASSOCIATION OF enjoying public lands like everyone side prevails, prevails. That is the way AMERICA, INSTITUTE FOR LEGISLA- else. It fails to address a Federal TION ACTION, the people’s House ought to work. But, Fairfax, VA, March 10, 2009. judge’s decision of only last week, once again, that process is being denied Hon. NANCY PELOSI, when we could have acted on this, that with this huge bill that is slightly larg- Speaker, House of Representatives, H–232, The overturned the Bush administration’s er, I think, than the stimulus bill, if Capitol, Washington, DC. regulations to protect second amend- you want to make some sort of a com- Hon. JOHN BOEHNER, ment rights in parks and wildlife ref- parison. But here we are again, today, Republican Leader, House of Representatives, uges. In other words, to make con- going through that same procedure. H–204, The Capitol, Washington, DC. sistent our laws on public lands. H.R. So with that, Mr. Speaker, while DEAR SPEAKER PELOSI AND LEADER BOEH- NER, on behalf of the National Rifle Associa- 146 even hurts civil liberties. It could there are three provisions in this bill tion, I am writing to express our support for mean jail time and asset forfeiture for that I have worked several Congresses the Altmire amendment to S. 22, the Omni- several innocent actions by Americans. on, I have to say that this bill on the bus Public Land Management Act of 2009. Yesterday, we received a letter from whole is not worthy of my support, and The Altmire amendment would ensure that a coalition of civil rights groups, in- I urge my colleagues to vote ‘‘no.’’ the provisions of S. 22 will not be used to cluding the American Civil Liberties I reserve the balance of my time. close lands that are currently open to hunt- Union, the Competitive Enterprise In- Mr. RAHALL. Mr. Speaker, I am ing, fishing, trapping, target shooting and happy to yield 1 minute to the gen- other forms of traditional recreation. In ad- stitute, the National Association of dition, the amendment clarifies that the Criminal Defense Lawyers, and others, tleman from Pennsylvania (Mr. ALT- states retain the authority to manage resi- who have grave concerns. And I will MIRE) who has helped us craft some lan- dent fish and wildlife. quote, ‘‘The bill creates many new Fed- guage in the bill that is supported by Encroaching development and the increas- eral crimes using language that is so the National Rifle Association. ing population demand for open space has re- broad that the provisions could cover Mr. ALTMIRE. I thank the gen- sulted the closure of federal lands that were innocent human error.’’ tleman, and I rise today in support of once open to traditional forms of recreation, such as hunting and target shooting. Wheth- These organizations also say, and, the public lands bill which includes my er it is the closure of a trail that served as again, I am quoting, ‘‘Above all, we are amendment to protect the rights of our the access point for a generations-old hunt- concerned that a bill containing new Nation’s sportsmen. The language that ing camp or the closure of large areas to tar- Federal crimes, fines and imprison- I worked to include in today’s bill is a get shooting, the sportsman’s way of life has ment and forfeiture provisions may hard-fought victory for sportsmen and been under attack. There are those who come to the House floor without first the preservation of their access to pub- would exacerbate this situation by attempt- being marked up by the House Judici- lic lands. ing to use land designations to further close ary Committee.’’ Within the three main sections of federal lands to sportsmen. This is why the Altmire amendment is necessary. Mr. Speaker, this bill was not even this bill, those related to the National The Altmire amendment has already been marked up by the House Natural Re- landscape conservation system, rivers, applied to the National Landscape Conserva- sources Committee. This bill was not and trails, and heritage areas, protec- tion System Act within S. 22. It is critical to marked up by any committee in the tions are included to ensure sportsmen extend this protection for sportsmen to House. This is a bill that came over, are able to hunt, fish, and trap on mil- other areas of the bill, specifically Titles V again, over 1,100 pages, from the Sen- lions of acres of public lands. These and VIII pertaining to Rivers and Trails and ate. So this wasn’t even marked up, protections and my amendment are National Heritage Areas, respectively. This is precisely what the Altmire amendment and it has these provisions in it. strongly supported by the National would do. I just have to ask you, Mr. Speaker, Rifle Association. While the NRA takes no position on S. 22 does this sound familiar? None of the And as an unwavering supporter of as a whole, the meaningful protections pro- several committees with jurisdiction the second amendment, I share the vided by the Altmire amendment are critical

VerDate Mar 15 2010 12:18 Aug 01, 2011 Jkt 079102 PO 00000 Frm 00143 Fmt 0688 Sfmt 0634 E:\BR09\H25MR9.006 H25MR9 erowe on DSK5CLS3C1PROD with BOUND RECORD 8726 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 7 March 25, 2009 to preserve access for sportsmen and the au- ing by this administration has begun dition, the amendment clarifies that the thority of the states to manage resident to desensitize us to figures that are states retain the authority to manage resi- wildlife populations. For these reasons, we under $1 trillion. But let’s try to put dent fish and wildlife. Encroaching development and the increas- support its inclusion in S. 22. this $10 billion in perspective. The Na- Should you have any questions or need ad- ing population demand for open space has re- ditional information, please do not hesitate tional Park Service reports a mainte- sulted the closure of federal lands that were to contact me directly at (202) 651–2560. nance backlog of $9 billion on the land once open to traditional forms of recreation, Sincerely, we already own. So, we can’t take care such as hunting and target shooting. Wheth- CHRIS W. COX, of the land we already have, but we are er it is the closure of a trail that served as Executive Director NRA–ILA. going to spend $10 billion on acquiring the access point for a generations-old hunt- additional land that we can’t take care ing camp or the closure of large areas to tar- Mr. Speaker, I am pleased to yield 5 get shooting, the sportsman’s way of life has minutes to the gentleman from Cali- of. This bill withdraws 3 million acres of been under attack. There are those who fornia (Mr. MCCLINTOCK), a new Mem- would exacerbate this situation by attempt- ber, and a new member of the Re- land from energy leasing. Just from re- ing to use land designations to further close sources Committee. serves that we know about, that is federal lands to sportsmen. This is why the Mr. MCCLINTOCK. I thank the gen- going to cost the American economy Altmire amendment is necessary. tleman for yielding. 330 million barrels of oil and 9 trillion The Altmire amendment has already been cubic feet of natural gas in Wyoming applied to the National Landscape Conserva- Mr. Speaker, Abraham Lincoln once tion System Act within S. 22. It is critical to told of a farmer who said, ‘‘I ain’t alone. I was particularly struck by a provi- extend this protection for sportsmen to greedy for land. All I want is what is other areas of the bill, specifically Titles V next to mine.’’ I think our Federal sion that allows the Federal Govern- and VIII pertaining to Rivers and Trails and Government is starting to resemble ment to condemn private property National Heritage Areas, respectively. This that farmer. where fossils are found. So if you find is precisely what the Altmire amendment H.R. 146 is a massive land grab that a fossil in your backyard, Mother and would do. While the NRA takes no position on S. 22 would literally put more land in the Father America, be very careful. You will be well advised to keep it a secret. as a whole, the meaningful protections pro- United States into wilderness designa- vided by the Altmire amendment are critical tion than we currently have actually Under this bill, such a discovery could to preserve access for sportsmen and the au- developed from coast to coast. That cost you your property. thority of the states to manage resident pretty much means no human activi- This bill also means new restrictions wildlife populations. For these reasons, we ties other than walking through it—as on BLM lands. Now these public lands support its inclusion in S. 22. long as you don’t touch anything. So I currently contribute to our Nation’s Should you have any questions or need ad- economy by providing multiple uses ditional information, please do not hesitate have to ask a question, when is enough to contact me directly at (202) 651–2560. enough? such as farming, ranching, timber har- vesting and offroad vehicle recreation, Sincerely, The Federal Government already CHRIS W. COX, owns nearly 650 million acres of land. all for the broader public good. I have Executive Director, NRA–ILA. an awful lot of land in my district that That is 30 percent of the entire land Mr. RAHALL. Mr. Speaker, I am is under Federal jurisdiction and under area of the United States. It owns 45 forced to yield myself 30 seconds to re- BLM management, and the constant percent of my home State of Cali- spond to the total inaccuracies just fornia. Now, compare that to the Dis- complaints that I get from the public stated by the gentleman. trict of Columbia, Washington, D.C., are not that there is too much access First of all, the fossil collection the Federal Capital, the home to every to public lands, but that there is too measure in this bill applies only to agency in our vast Federal bureauc- little access and too many restrictions public lands, no private lands whatso- racy. The Federal Government owns to those lands. This bill codifies the ever. And if the gentleman had heard only 25 percent of the District of Co- National Landscape Conservation Sys- my opening statement or even seen lumbia. tem, which means less public access what the Senate passed, he would rec- The bill is estimated to cost about and more restrictions on the public’s ognize—that the other body passed—he $10 billion, not only to pay for this land use of the public’s land. would recognize that the casual col- So I ask again, when is enough grab but for all of the other bells and lector of fossils is exempt from this enough? The preservation of public whistles that are attached to it. That legislation. It only applies to those land is not an end in itself. It is a includes congressional earmarks like who are in the professional collection means to an end, that end being the $3.5 million to celebrate the birthday of of fossils on public lands once again. public good. And the public good is not St. Augustine, Florida, and $250,000 to In regard to the locking away of land served by the mindless and endless ac- decide—to decide—what we are going from oil and gas developments, what quisition of property at the expense of to do with Alexander Hamilton’s boy- you are going to keep hearing through- the sustainable use of our natural re- hood home in the Virgin Islands. out today from the other side is that sources, the responsible stewardship of Now, $1 billion of the $10 billion of old mantra ‘‘drill, baby, drill’’ that we our public lands and the freedom and this bill is for salmon population res- are hearing over and over and again, property rights of our citizens. toration on the San Joaquin River in and they just don’t get it anymore. California, with the stated objective of NATIONAL RIFLE ASSOCIATION OF I am glad to yield 2 minutes to the establishing a population of at least 500 AMERICA, INSTITUTE FOR LEGISLA- gentleman from New Jersey (Mr. PAS- TIVE ACTION, salmon. CRELL). Fairfax, VA, March 10, 2009. Mr. PASCRELL. Mr. Speaker, I b 1245 Hon. NANCY PELOSI, proudly rise today in strong support of Speaker, House of Representatives, Washington, Five hundred salmon. One billion dol- DC. H.R. 146, a bipartisan piece of legisla- lars. tion that will do wonders for conserva- Hon. JOHN BOEHNER, Mr. Speaker, that comes to $2 million Republican Leader, House of Representatives, tion and historic preservation across per fish. And that is without account- Washington, DC. the United States. If one, Mr. Speaker, ing for all of the costs that will be in- DEAR SPEAKER PELOSI AND LEADER BOEH- were to add up all the hours that were curred by central valley farmers as NER: On behalf of the National Rifle Associa- devoted to each part of this legislation water that is already in critically short tion, I am writing to express our support for in the House and the Senate, it would supply is diverted to this project. the Altmire amendment to S. 22, the Omni- minimize basically what I just heard Overall, this bill spends $10 billion of bus Public Land Management Act of 2009. from the other side, over 100 hours of The Altmire amendment would ensure that people’s earnings. In real world num- the provisions of S. 22 will not be used to debate on these bills separately. And bers, that means about $130 from an av- close lands that are currently open to hunt- now we are bringing them together in erage family of four through their ing, fishing, trapping, target shooting and one omnibus public land management taxes. I’m afraid that the mega-spend- other forms of traditional recreation. In ad- bill.

VerDate Mar 15 2010 12:18 Aug 01, 2011 Jkt 079102 PO 00000 Frm 00144 Fmt 0688 Sfmt 0634 E:\BR09\H25MR9.006 H25MR9 erowe on DSK5CLS3C1PROD with BOUND RECORD March 25, 2009 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 7 8727 This bill includes the Paterson Great on the right to own private property Protect the fifth amendment. Protect Falls National Park Act. It was origi- and on the second amendment right of the second amendment. Vote ‘‘no’’ on nally introduced in the 109th Congress law-abiding citizens to have and use S. 22. and passed the House in October of firearms. The fifth amendment con- Mr. RAHALL. Mr. Speaker, many 2007, like many of these other bills that cludes with these words ‘‘nor be de- Members on the minority side have are part of this omnibus bill, which is prived of life, liberty or property with- been helping us with this legislation. I a bipartisan piece of legislation. out due process of law; nor shall pri- now am pleased to recognize one such As a lifelong Paterson resident and vate property be taken for public use Member, the gentleman from Cali- the city’s former mayor, I have fought without just compensation.’’ fornia (Mr. MCKEON), for 2 minutes. for many years to bring recognition to Our Nation is facing an economic cri- Mr. MCKEON. Mr. Speaker, I thank the site that has played such a seminal sis today. Yet Democrats are forcing the chairman for the time and for his role in American history. Alexander this Chamber to rush through a bill leadership in bringing this important Hamilton knew what he was doing, be- that will increase government spending bill to the floor. cause it became the gateway to indus- by as much as $10 billion. The Federal I rise in strong support of the omni- try in this country so that immigrants Government already owns over 650 mil- bus lands bill, which includes my legis- could come here, go to work and build lion acres of land that they can’t take lation, the Eastern Sierra and North- the greatest country in the world. care of. The National Park Service ern San Gabriel Mountains Wild Herit- With a National Park designation, alone faces a backlog of $9 billion age Act, about which I’m going to the Great Falls will be transformed worth of projects that need to be fund- speak. I have the great privilege of rep- into an attraction for visitors and ed. resenting one of the most rugged and Patersonians alike that could lead to If S. 22 passes, there will be more wil- beautiful areas of the country, includ- the economic revitalization of derness areas in the United States than ing the vast Eastern Sierras of Cali- Paterson, joining together of public the total developed land, 109-plus mil- fornia represented in a few of the pic- and private investment. Isn’t that lion acres versus 108.1 million acres. We tures that I have here. My district is also one of the largest what we are here for? should not be permanently locking up in the country, with over 95 percent of As soon as President Obama signs tens of millions of acres of the people’s the land in Mono and Inyo Counties this bill into law, Federal resources land. The second amendment rights of law- owned and managed by the Federal will be leveraged to revitalize the abiding citizens to have firearms and Government. We need land for recre- Great Falls area, refurbish the beau- use firearms are also in danger today. ation, hunting and fishing. We need tiful historic mill buildings, maintain The second amendment to the U.S. land for mining. We need some land and protect the waterfalls, and create a Constitution declares that ‘‘a well reg- protected as wilderness. But, most im- living reminder of our Nation’s rich in- ulated militia being necessary to the portantly, we need commonsense, lo- dustrial history. I’m proud and thank- security of a free state, the right of the cally driven solutions to land use. ful that Congress and the President people to keep and bear arms shall not This legislation is a product of count- fully recognize the vision of Hamilton, be infringed.’’ Last week, Democratic less hours of community involvement the design of L’Enfant, and the cul- leaders in the House and the Senate between Senator BOXER and I working tural and historic landmarks that have added the Altmire amendment to the together with virtually every local shaped America’s history. omnibus lands bill to prevent the Fed- stakeholder, county official, local The SPEAKER pro tempore (Mr. eral Government from banning hunting sportsman and recreational advocate, ALTMIRE). The time of the gentleman and fishing on certain types of Federal BLM and Forest Service. We also pre- has expired. land. sented the legislation directly to the Mr. RAHALL. I yield the gentleman At the time this amendment was public through county hearings. 30 additional seconds. added, the right of Americans to carry Specifically, this legislation would Mr. PASCRELL. After this bill is concealed firearms on park lands and designate over 470,000 acres of wilder- signed into law, I would be honored to wildlife refuges, in accordance with ness in the Eastern Sierras of Mono have my colleagues visit the Great State law, was already recognized in and Inyo Counties and the San Gabriel Falls where they can all see firsthand Federal regulations. However, last Mountains north of Los Angeles. While the value that urban parks bring to the Thursday, a U.S. District Court judge many of these areas are already suc- National Park System and to the local single-handedly decided to block this cessfully protected from many destruc- communities. right. And it was an unconstitutional tive human activities by the manage- I want to thank Speaker PELOSI, decision by this judge. Now there is a ment plans of the Forest Service and Chairman RAHALL and Chairman GRI- giant hole in the current Altmire lan- BLM, I feel strongly that these areas JALVA for bringing this bill to the guage, and Congress should fix it. Con- should have a higher level of protec- floor. I urge my colleagues to vote gress must not allow one Federal judge tion. ‘‘yes.’’ to single-handedly deny Americans In addition, my legislation strikes I think, Mr. Chairman, when we are their second amendment rights on Fed- that important land use balance and involved more in substance rather than eral lands. releases over 50,000 acres of Wilderness process, we get a lot done in the House My colleagues Mr. HASTINGS and Mr. Study Areas from further consider- of Representatives. BISHOP introduced an amendment to ation as wilderness. Finally, my legis- Mr. HASTINGS of Washington. Mr. this bill that would write into law the lation creates the first ever dedicated Speaker, how much time remains on very protections struck down by this winter recreation area, 11,000 acres for both sides? one Federal judge. Unfortunately, snowmobile use which will bring much- The SPEAKER pro tempore. The gen- Democratic leadership would not allow needed tourism to the community of tleman has 163⁄4 minutes. The gen- a vote on this amendment that would Bridgeport in northern Mono County. tleman from West Virginia has 221⁄2 repair the massive void in the current This is a locally driven, practical so- minutes remaining. Altmire language. The omnibus lands lution to the many land uses in my dis- Mr. HASTINGS of Washington. Mr. bill was the best place to fix what this trict. This isn’t Congress telling my Speaker, I am pleased to yield 31⁄2 min- one Federal judge in Washington, D.C., district how to manage our land. This utes to the gentleman from Georgia, a has done, but we won’t even be allowed is my community, my constituents member of the Natural Resources Com- a vote today. asking Congress to approve a land use mittee, Mr. BROUN. It is not the role of the Federal Gov- compromise developed and vetted back Mr. BROUN of Georgia. As Members ernment to hoard massive amounts of home in California. of Congress, we have taken an oath to land. And it is not the role to take I strongly urge a ‘‘yes’’ vote. uphold the U.S. Constitution. Today’s away law-abiding citizens’ second Mr. HASTINGS of Washington. Mr. vote on the omnibus lands bill is a vote amendment rights. Speaker, the last time I inquired about

VerDate Mar 15 2010 12:18 Aug 01, 2011 Jkt 079102 PO 00000 Frm 00145 Fmt 0688 Sfmt 0634 E:\BR09\H25MR9.006 H25MR9 erowe on DSK5CLS3C1PROD with BOUND RECORD 8728 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 7 March 25, 2009 time there was a disparity. So I think The SPEAKER pro tempore. The gen- record straight about this legislation. I will reserve my time until we catch tleman from Washington has 131⁄4 min- We need to be clear that this bill is up. utes. The gentleman from West Vir- about conservation and preservation of Mr. RAHALL. Mr. Speaker, I am glad ginia has 181⁄2 minutes remaining. our public lands. It’s about improving to yield 2 minutes to the gentleman Mr. HASTINGS of Washington. Mr. our water supplies in the West. It’s from Colorado (Mr. SALAZAR), who has Speaker, I will reserve my time again about improving the health of our for- been very instrumental in crafting this so we can equalize the time. ests and creating economic opportuni- legislation. Mr. RAHALL. Mr. Speaker, I am very ties for rural communities. Mr. SALAZAR. I would like to thank happy to yield 2 minutes to the gen- This legislation will also establish a Chairman RAHALL and Chairman GRI- tleman from Oregon (Mr. WU), who has new national park unit, conserve wild JALVA for all their hard work on this been very helpful to us as well on this and scenic rivers, protect historic Omnibus Public Lands Management legislation. American battlefields where brave pa- Act. The public lands package includes Mr. WU. Thank you, Mr. Chairman. triots fought and died for this Nation, five bills critical to my district in Mr. Speaker, I rise today to express and establish miles of new hiking trails western and southern Colorado, and we my strong support for H.R. 146, The and much, much more. have been working on this ever since Omnibus Public Land Management Act Bills in this package will give fami- day one that I got here to Congress. of 2009. This legislation includes many The Jackson Gulch project supplies lies places to enjoy, to enjoy outdoor important provisions that will protect recreation; it will preserve our history water to the town of Mancos, the and preserve America’s public land her- Mancos Water Conservancy District, so the children can learn the story of itage. It is a compilation of bills that America on field trips. It will protect the Mancos Rural Water Company, and enjoys broad bipartisan support in both it is the sole supplier of municipal rivers for boaters and anglers so they Chambers of Congress, and I hope that can enjoy it themselves. water for Mesa Verde National Park. the majority of the House will see fit The project provides irrigation water H.R. 146 is wildly popular, both to pass this omnibus legislation today. among a large bipartisan majority of for over 13,000 areas. Included in this package are several the Members of Congress and among The Baca Wildlife Refuge Manage- bills that highlight my home State of the American people. In fact, this ment Act will amend the Great Sand Oregon’s scenic and ecological diver- package is so popular that those that Dunes National Park and Preservation sity, including the salmon-producing oppose new parks, those who think pro- Act of 2000 to explain the purpose and Coast Range waters of the Elk River in tecting rivers and trails is not a good provide for the administration of the southeastern Oregon, the high desert use of our time, are placed in a very Baca National Wildlife Refuge. badlands near Bend, the prairies over- difficult position. They have no choice This legislation defines the purpose looking the John Day River in central but to try to insert issues in this de- of the refuge ‘‘to restore, enhance, and Oregon, and the high alpine forests of bate that simply don’t belong in this maintain wetlands, upland, riparian the Siskiyous. debate. and other habitats for native wildlife, One provision of particular impor- plant and fish species in the San Luis tance to me adds additional land pro- This is not about guns. The Court Valley.’’ tections within the Columbia River ruling that has become the crucible of The Sangre de Cristo National Herit- Gorge, which I and many other Orego- discussion with this legislation regard- age Area will designate a national her- nians consider the crown jewel of Or- ing the second amendment, that ruling, itage area in Conejos, Costilla and egon’s natural heritage. The Gorge and let me quote from it, from the Alamosa Counties. It will bring de- Face wilderness additions reflect the judge’s order, ‘‘Because the Court finds served attention to the rich culture, continued commitment of this Con- that the final rule which was rushed by heritage and landscape of the San Luis gress to keep this remarkable area safe the Bush administration on their way Valley. out the door, is a product of Defend- The Arkansas Valley Conduit will es- from inappropriate development. I would also like to voice my support ant’s astoundingly flawed process, the tablish a 65 percent Federal cost share for the provisions that will protect Court holds that the Plaintiffs are for the construction of the conduit, a nearly 127,000 acres around Mount Hood highly likely to prevail on the merits proposed 130-mile water delivery sys- and almost 80 miles on nine free-flow- of their NEPA claims. Accordingly, the tem from Pueblo Dam to communities ing stretches of river, as well as create Court expresses no views on the merits throughout the Arkansas River Valley. a 34,550-acre National Recreation Area. of any laws or regulations related to Generations of people in southeast Col- Mount Hood is one of the enduring concealed weapons or firearms gen- orado have waited long enough for symbols of Oregon’s love of the out- erally.’’ clean and safe drinking water. doors, and this bill is an important sig- This was a ruling on a flawed process, The Dominguez-Escalante National on a process that ignored public input, Conservation Area will conserve water nal to future generations that we wish to continue providing opportunities to that ignored transparency, and that’s and land resources in approximately why that rule by the Bush administra- 210,000 acres of federally owned land on enjoy all that nature has to give. In these tough economic times, the tion was enjoined. It was not enjoined the Uncompahgre Plateau in lands in on the merits of the concealed weapon Montrose, Delta and Mesa Counties. protection of these natural spaces also supports Oregon’s economy. Oregon’s issue that time and time again is b 1300 vibrant outdoor recreation industry brought up as the ruling itself. Mr. Speaker, this is actually one of supplies 73,000 jobs, and it injects al- This bill is not about locking any- the proudest days of my legislative ca- most $6 billion annually into Oregon’s thing up or locking anybody out. I am reer. I worked side by side with my economy. told that during debate on the measure younger brother, the now Secretary of Mr. Speaker, I would like to reiterate in the Rules Committee yesterday, op- the Interior, when he was in the Sen- my strong support for H.R. 146. ponents of this bill took more time ate, Ken Salazar, for the past 4 years to Mr. RAHALL. Mr. Speaker, I am very talking about AIG than they did about make these efforts a reality. This will happy to yield now to the gentleman parks and forests. help protect Colorado’s land, water, from Arizona, the chairman of our The truth is, this package of bills is and natural beauty for generations to Parks Subcommittee, who has under- as popular as mom, as apple pie, and I come. I want to thank the chairman gone this tortuous path with us all the do not envy those few Members who once again and thank you, Mr. Speak- way, the gentleman from Arizona, the have to come to the House floor today er. Park Subcommittee Chair, Mr. GRI- and manufacture reasons to oppose it. Mr. HASTINGS of Washington. Mr. JALVA, 3 minutes. But let’s be clear. These arguments are Speaker, once again can I inquire of Mr. GRIJALVA. Mr. Speaker, I think manufactured and should not be given the time on both sides. to some extent we need to set the any weight.

VerDate Mar 15 2010 12:18 Aug 01, 2011 Jkt 079102 PO 00000 Frm 00146 Fmt 0688 Sfmt 0634 E:\BR09\H25MR9.006 H25MR9 erowe on DSK5CLS3C1PROD with BOUND RECORD March 25, 2009 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 7 8729 This legislation is good for the land, people had done what I asked and read my support for their continued re- it’s good for our Nation, and our chil- the stinking bills before we rushed in search. dren, and our grandchildren. They will and passed them. But I digress. Mr. RAHALL. Mr. Speaker, I com- all thank us later for passing this legis- Sometimes we just look at 1 day. mend the gentleman from Washington lation. They look way down the road. And it for recognizing the scientific contribu- Mr. Speaker, after a long, dark pe- was interesting to me, these individ- tions made by Aquarius, and I thank riod where protection of our natural uals said, we know what the United them for supporting the provisions in and cultural resources was ignored, States is doing. You keep putting your the underlying legislation that will today we can change that. I urge pas- energy off limits, more and more of it. promote the development of future in- sage of H.R. 146. We know what you’re doing. You’re novations in undersea research tech- Mr. HASTINGS of Washington. Mr. smart. You’re smarter than somebody nologies. Speaker, I am pleased to yield 4 min- gives the United States credit for, they Mr. HASTINGS of Washington. Mr. utes to the gentleman from Texas (Mr. said, because we know what you’re Speaker, again, to equalize the time, I GOHMERT), a member of the Natural doing. You keep putting your energy will reserve my time. Resources Committee. off limits, knowing that other coun- Mr. RAHALL. I yield 1 minute to the Mr. GOHMERT. Mr. Speaker, there tries will use up all of the rest of the gentleman from New Jersey (Mr. are some good provisions in this bill. resources in the world, and then you’ll HOLT). There have been hearings on 70 out of be the only country with those re- Mr. HOLT. Mr. Speaker, I thank the 170 provisions in the House and this sources, and you’ll be able to maintain Chair of the Committee on Natural Re- Congress. But our esteemed and fine your status as the one superpower in sources. chairman of the committee said the ar- the world because you’ve got all the re- This bill is the kind of bill that I guments against this bill, in his word, sources. You were smart enough to love. I am especially pleased that we are petty. hold them and wait to use them until could preserve New Jersey’s heritage as I guess when you spend $1.68 trillion, after everybody else exhausted theirs. one of the leaders of the industrial rev- whatever we have spent already in the And I wished I could say, ‘‘You’re olution by giving the American public last few months, $10 billion can seem right; we see that far down the road in the Paterson Great Falls National His- like petty cash. You know, 10 billion this Congress.’’ But it’s not true. We toric Park and the Edison National here, there. I understand it can seem keep hurting ourselves at the worst Historic Park. And I thank Chairman like petty. But that is an argument. possible time. RAHALL for bringing the bill along. This is $10 billion without hearings in So with this big bill here, Mr. Speak- When I introduced this H.R. 146, lit- this House over 100 of these provisions er, 100 provisions out of the 170 that tle did I suspect that my bill to protect on whether they will help the economy. didn’t get a hearing in the House, we the battlefields of the American Revo- You know, we heard over and over need to practice, and we can start now. lution and the War of 1812 would grow that people are losing jobs every day. I’m shocked. I’m outraged. I’m out- to 1,300 pages and attract so much at- Let’s do something about it. And in the raged and I’m shocked. I’m shocked tention. But I am pleased that my bill meantime, we’re going to go spend $10 and outraged, because once people to protect the battlefields of the Amer- billion in this bill; don’t know that it start finding out what’s in the bill, ican Revolution and the War of 1812 has will help the economy. Maybe eventu- what all provisions didn’t get a hearing been used as a vehicle to bring this im- ally. that could have been tweaked to avoid portant lands bill through the legisla- Well, how about the people that are the outrages that will come, we’ll need tive process. However, I regret that my out of work right now? How about the to have people saying this to save their language to protect the battlefields of people that might be able to utilize jobs. Some may be comforted that the the American Revolution and the War some areas that won’t be able to now Senate has had Senators—and I don’t of 1812 has vanished. for certain purposes? know if Senator DODD examined all the And so, I am here to ask the chair- Or like energy, for example. Oh, yes, language to make sure it was perfect, man of the Committee on Natural Re- has anybody noticed the price of gaso- but I’m sure some Senators did. But sources if I may have his assurances line is going up again, just like every- get ready to say you’re shocked and that he will assist me in moving this body expected it to go up. And it will outraged. noncontroversial legislation to protect go up more and more as we approach Mr. RAHALL. You forgot ‘‘drill, the battlefields of the War of 1812 and the summer. baby, drill.’’ the American Revolution expedi- And what is happening, what are we Mr. Speaker, I yield 1 minute to the tiously. doing in this sensitive body that we gentleman from Washington (Mr. b 1315 have here in Congress? We are going to BAIRD) for a colloquy. put more of it off limits, more of it off Mr. BAIRD. Mr. Chairman, thank Mr. RAHALL. Will the gentleman limits at a time when the price is going you for the opportunity to highlight yield? up, the economy is struggling, people the NOAA Underseas Research Pro- Mr. HOLT. I will yield. are losing jobs, people are having their gram Act which is included in this bill, Mr. RAHALL. I thank the gentleman pay cut, people are allowing their pay and establishes an important and prov- from New Jersey for his patience and to be cut so others don’t lose their en system of undersea research tech- willingness to work with us, and I jobs. niques. pledge to work with him to move H.R. And what are we going to do to help? The language in the present legisla- 1694 quickly and to work towards its By golly, we are going to put some tion does not specifically mention the passage in the other body in the near more land off limits so we can’t get the Aquarius Undersea Laboratory, and I future. energy and help ourselves in this coun- would like to recognize the crucial and Mr. HASTINGS of Washington. I con- try. cutting-edge work done at Aquarius, tinue to reserve the balance of my I was talking to some people from and I want to mention for the record it time. China not long ago. And the way they is owned by NOAA. Therefore, I wish to Mr. RAHALL. Mr. Speaker, I am very look at things, they don’t look at just, clarify that whenever the legislation honored to yield 11⁄2 minutes to the dis- you know, 10 years, 100 years, they we are considering mentions the extra- tinguished subcommittee chair on our look way down the road. And as we mural centers and the National Insti- Committee on Natural Resources, the have seen in this body, for example, tute for Science and Technology, it is Chair of the Water Resources Sub- last week, we just looked at what’s understood that Aquarius is included. committee, the gentlewoman from popular today. Gee, let’s have a 90 per- In closing, I wish to commend the California (Mrs. NAPOLITANO). cent tax on bonuses that we should not staff at Aquarius for the critical work Mrs. NAPOLITANO. Mr. Speaker, the have ever allowed in the first place if they have done, and I wish to express Public Land Management Act includes

VerDate Mar 15 2010 12:18 Aug 01, 2011 Jkt 079102 PO 00000 Frm 00147 Fmt 0688 Sfmt 0634 E:\BR09\H25MR9.006 H25MR9 erowe on DSK5CLS3C1PROD with BOUND RECORD 8730 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 7 March 25, 2009 30 separate water bills that my sub- Mrs. DAHLKEMPER. Mr. Speaker, I tion. It did not meet the standards. It committee passed/approved with the rise today to express my strong support was expensive. Even though at one Bureau of Reclamation, the USGS and, for H.R. 146, a bill that will set aside time they said that they might be com- of course with the 17 Western States on millions of acres of public wilderness fortable with it, last night, in talking water environment. and that will create more than 1,000 to a reporter, they once again stood by It authorizes conservation, water-use miles of scenic river designations. This that analysis of that park, especially efficiencies and title XVI water recy- will provide recreation for millions of when we have $9 billion of needs in the cling projects, addressing the aging in- Americans while supporting the com- rest of the National Park System that frastructure in the United States’ 17 munities and industries that depend is yet to be met. I reject it when, in Western States, and allowing for the upon these precious resources. fact, some judge includes the fact that feasibility studies of many of those I would also like to express my sup- 8 months of study and of public input is much needed water projects. port for the amendment included by not long enough or that NEPA actually The West, of course, is having an un- my good friend and fellow Pennsylva- has more importance than the second precedented drought, and this will help nian (Mr. ALTMIRE). In our home State amendment. not only to bring up those shovel-ready of Pennsylvania, we believe that the I actually want to speak a little bit projects that will bring 500,000 acre-feet second amendment is not only a right differently right now. I want to explain of water and thousands of jobs for the but a way of life. Hunting and fishing to my good friends who live east of the reclaimed reuse water and added stor- are important American outdoor tradi- Rocky Mountains why I feel so pas- age capacity, but this will lessen a lot tions that have been passed down from sionate about this particular bill. of the areas’ reliance on costly water generation to generation. Therefore, This is a map of the United States, and unreliable sources. we have an obligation not only to de- and everything that is colored in red is We urge your vote, and hope that we owned by the Federal Government. You will be successful in being able to get fend our God-given right to self-defense but to protect against any encroach- will notice it is all concentrated in the those shovel-ready projects to develop West. Even though most of our forest those jobs. ment on the rights of our sportsmen and -women. Therefore, I am proud to land is in the East, the Forest Service Mr. HASTINGS of Washington. Mr. land is all in the West. stand in support of Mr. ALTMIRE’s Speaker, I continue to reserve the bal- Does this make a difference to peo- amendment, which will ensure that ance of my time. ple? In a way, I think it does because lands currently open to hunting, fish- Mr. RAHALL. Mr. Speaker, I am very this map illustrates the difference in ing, trapping, target shooting, and honored to yield 1 minute to a new education. member of our committee who is from other forms of traditional recreation The States in red are the States that the State of New Mexico (Mr. HEIN- are protected. are having the most difficult time rais- RICH). In Congress, I will continue to stand ing money to fund their own public Mr. HEINRICH. Mr. Speaker, I cer- in support of this second amendment, a education system. As you know, there tainly stand in strong support of this fundamental right guaranteed in the is a strong correlation between the legislation because of its importance to Constitution. Furthermore, I will con- amount of public land and the dif- the New Mexico families that I rep- tinue to oppose reductions in Federal ficulty in funding education. In Utah, resent. hunting acreage, and will fight to en- The Rio Grande has been the life- it is a common statement. We will al- sure that opportunities for hunting and ways simply say: The reason we are blood of our community in New Mexico sport are maintained. for thousands of years, and for the having such a hard time in funding I urge my colleagues to vote in favor education is we do not control enough Pueblo of Sandia, this bill will cer- of H.R. 146 with the addition of Mr. tainly make possible much needed in- of our land. ALTMIRE’s amendment in defense of the If the Federal Government even paid vestments in their water infrastructure U.S. Constitution. and vital agricultural irrigation sys- at the lowest tax rate for the land that Mr. HASTINGS of Washington. Mr. it owns in the State of Utah, that tems. Speaker, I am pleased to yield 6 min- Further south along the Rio Grande, would be $116 million every year. That utes to the gentleman from Utah, a does not count government funding; it this bill will clarify ownership of member of the Natural Resources Com- Tingley Beach in Albuquerque, a his- is just for the education portion—$116 mittee (Mr. BISHOP). torical gathering spot that has been re- million that we would get every year. Mr. BISHOP of Utah. Mr. Speaker, I When decisions are made in the Depart- vitalized into a popular zoo, a biopark, suppose it is a sense of poetic irony an aquarium, and numerous fishing ment of the Interior that take leases that Mr. HOLT’s language was removed ponds open to the public. off the land, that is a $3 million cut to when you amended his bill. I hope you From east to west, this bill will reau- education in the State of Utah, not thorize the Route 66 Corridor program, can fix that at some time. only counting the State trust lands You have a pattern of individuals which is essential to preserving the that develop money for education but coming down here, speaking of good historical character and vibrancy of above those lands that now become parts to this bill. There are good parts our beloved Central Avenue in Albu- sterile at the same time. querque. to this bill. I actually have two meas- The New York Times recently wrote These improvements, along with pro- ures in here that, I think, are good to an article in which they compared a tecting the incredible piece of New this bill, but it doesn’t cover up the school district in Utah and one in Wyo- Mexico that is the Sabinoso Wilder- fact that, within that, there are some ming, across the border. The one in ness, will protect critical resources for problems in this particular bill. Wyoming is awash with money, and New Mexican families. I urge all of my It does not cover up the fact that will get more money in the stimulus colleagues to support this legislation. there are heritage areas when the De- package than the district in Utah. Mr. HASTINGS of Washington. Mr. partment of the Interior specifically They said: Well, that is simply an Speaker, I continue to reserve the bal- asked us to wait until they could come anomaly of the distribution formulas ance of my time. up with rules on what heritage areas that we use. I really don’t care about The SPEAKER pro tempore. The should be and how they should be con- the distribution formula. The amount time is equal on both sides. There are stituted, because the way we are doing of Federal money that goes to edu- 91⁄4 minutes remaining for the gen- it right now is chaotic. There are ele- cation in Utah only rates at about 7 tleman from Washington, and there are ments in here that create national percent. What is significant is why the 91⁄2 minutes remaining for the gen- parks which I will visit when they in- State of Utah has less money to begin tleman from West Virginia. clude a baseball stadium, and not until. with, and it goes back to the issue of Mr. RAHALL. Mr. Speaker, I yield 2 Those national parks were actually resources. minutes to the gentlewoman from rejected by the Park Service because This chart shows you the difference Pennsylvania (Mrs. DAHLKEMPER). they have enough of this generic por- in teachers’ salaries between the two

VerDate Mar 15 2010 12:18 Aug 01, 2011 Jkt 079102 PO 00000 Frm 00148 Fmt 0688 Sfmt 0634 E:\BR09\H25MR9.006 H25MR9 erowe on DSK5CLS3C1PROD with BOUND RECORD March 25, 2009 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 7 8731 States of Wyoming and Montana. Wyo- Mr. HASTINGS of Washington. I The SPEAKER pro tempore. The gen- ming starts their teachers at $20,000 a yield the gentleman an additional 30 tleman from Washington has 23⁄4 min- year higher than Montana’s. Why? Be- seconds. utes. The gentleman from West Vir- cause Wyoming is much more aggres- Mr. BISHOP of Utah. Mr. Speaker, ginia has 6 minutes. Satchel Paige used to say, ‘‘Just throw sive at the way they develop their re- b 1330 sources. Even though this particular strikes. Home plate don’t move.’’ bill, once again, takes resource land off We do not need to have this omnibus Mr. RAHALL. Mr. Speaker, I am very the table in Wyoming, threatening bill to go through these particular pro- honored to yield 2 minutes to the dis- them, acknowledged by the chairman cedures, and my kids are worth fight- tinguished dean of the House of Rep- who says it is not a problem, it could, ing for: They are worth fighting the resentatives, the gentleman from indeed, be a problem, but for us in provisions of this bill that would not Michigan, my dear friend and an indi- Utah, well, this is a problem that we pass if they were standing on their vidual who has helped us tremendously still face. own. That is the problem. That is the in not only crafting this legislation but This is the State of Utah. Everything problem, and that is why I am pas- so much of the legislation that passes that is a color is owned by the Federal sionate. through the Congress, the Honorable Government. Now, this is the problem Mr. RAHALL. Mr. Speaker, I yield 2 JOHN DINGELL. that we simply have. The problem we minutes to the gentleman from Oregon Mr. DINGELL. Mr. Speaker, I begin simply have is that two of the three (Mr. BLUMENAUER). by thanking the great chairman of the Mr. BLUMENAUER. Mr. Speaker, I most important decisions recently committee, my dear friend from West listened to my good friend from Utah. made by the Interior Department also Virginia, Mr. NICKY JOE RAHALL. You know, the irony is that all the affect the resources that are in Utah Thank you. This is a great bill, and I lands we are talking about are already that we need desperately to fund our rise in support of it. And I thank you publicly owned. They are not on the education system, but when you create for what you have done for me and my tax rolls. They have been publicly more wild and scenic areas in the West, people in Monroe and Monroe County, owned since the United States first ac- you make it much more difficult for us Michigan, in setting up the River Rai- quired them. We give these states 25 to fund our education system. When sin National Battlefield Park in this percent of timber receipts, 50 percent you create more wild and scenic areas legislation. This is a proposal which of oil and gas, and Federal payment in in the East, you cut into the PILT has the strongest possible support from lieu of taxes (PILT). all of the people in the area. It will pre- money that goes into the West, which I come from one of those States is necessary to fund our education sys- serve a battleground from the War of where there are some serious questions 1812, which was a major engagement tem. about the Federal balance of resources, We have yet to discuss the funda- west of the Appalachian Mountains but I just want to say that adding the where the Americans suffered a dev- mental issue of the role of Federal 126,000 acres and 80 miles of wild and astating military defeat. Out of better ownership of this land—if it is, indeed, scenic rivers has no effect on the rev- than 1,000 American regulars and mili- appropriate, if it is right, if it should enue flow to our State. In fact, I would tia who participated in the battle, only be more or if it should be less or if it be prepared to make the argument that 33 escaped death or capture. should be balanced between the West having this certainty, having this en- The future President of the United and the East. hanced protection, is actually going to States, then-General William Henry I’m sorry for my experience in the add value. It is going to protect water Harrison, described the loss at the legislature in Utah. We have difficul- resources. It is going to encourage River Raisin as a ‘‘national calamity.’’ ties in Utah in being able to fund our tourism. It is going to enhance both But it went beyond this. That was roads and to pay for our colleges and to the environment and our economy. the battle which became the battle cry pay for our public education, and it That is why my colleague GREG WAL- in the War of 1812. And it is that which goes back to this basic fact: We are not DEN, and I, spent 7 years on this piece just creating nice, pretty vistas again. of legislation. We had the bipartisan probably led to the saving for the We have an ancillary harm that takes support of former Republican Senator United States of all of the lands west of place to real kids. I’m sorry, Mr. Smith and Senator WYDEN and new the Appalachians and certainly the Speaker. My kids in Utah are more im- Senator MERKLEY. We had Native Great Lakes Basin. portant to me than a park that is cre- Americans, environmentalists, local The park designation is so important ated that the National Park Service government, bicyclists—a wide range to my people in the local community does not want. It is more important to of people who came together—realizing that they will give the land necessary me than a wild and scenic river that is this is a vision for the future. for this to the Park Service without created when it violates the standards Now, Mr. Chairman, you have put to- any compensation or charge. And this of the Wild and Scenic River Act. My gether a piece of legislation that goes is certainly something which is impor- kids are more important to me than far beyond preserving our special tant to us because this kind of local heritage areas that are chaotically places in Oregon. It is an opportunity support is going to lead to an extraor- done because my kids’ future is harmed not only to save hundreds of thousands dinary relationship between the Park by these decisions. Even though those of acres across America, but it is an op- Service and the people in the area who create these decisions are well-in- portunity to develop an approach where volunteers will come forward to tentioned and well-meaning, my kids’ where we can come together. This leg- help make this park a tremendous suc- decisions and my kids’ futures are still islation is going to get broad bipar- cess. controlled by what Nelson Rockefeller tisan support, and I think it is going to So I urge my colleagues to support used to say is the deadening hand of show a way where we can protect more this legislation. I commend and I bureaucracy. of America’s special places and not dis- thank my dear friend, the chairman of I realize that this particular bill has advantage anybody economically but the committee, for his leadership, per- had more procedural twists than Lom- actually strengthen the economy, sistence and hard work. Getting this bard Street, but at the same time, strengthen the environment and pre- legislation to this point where it is there are many provisions in this bill serve these areas for generations to going to the White House is an extraor- that would easily pass if they stood come. dinary accomplishment and shows ex- alone, and there are provisions in this I thank the committee for the work traordinary dedication and persistence bill that would not. There is no reason they have done. I look forward to this by my dear friend, the chairman. we need to lump all of these things to- bipartisan support. I want to say that this is going to be gether. Mr. HASTINGS of Washington. Mr. a great piece of legislation. It is a great The SPEAKER pro tempore. The Speaker, I will reserve my time. I am event in the history of the country, and time of the gentleman has expired. the last speaker on this side. I am proud of my dear friend for the

VerDate Mar 15 2010 12:18 Aug 01, 2011 Jkt 079102 PO 00000 Frm 00149 Fmt 0688 Sfmt 0634 E:\BR09\H25MR9.006 H25MR9 erowe on DSK5CLS3C1PROD with BOUND RECORD 8732 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 7 March 25, 2009 leadership that he has shown. I thank But as it is, Mr. Speaker, because it ness in Virginia, to the Mount Hood you, Mr. Chairman. is a bill in which a lot was vetted, in Wilderness also in Oregon; from the Mr. HASTINGS of Washington. Mr. which there are a lot of unanswered Eastern Sierra Wilderness in Cali- Speaker, I will reserve my time. questions and unintended con- fornia, to the Trail of Tears in Ten- Mr. RAHALL. Mr. Speaker, I am pre- sequences—which we see is becoming a nessee; the establishment of the Taun- pared to close on our side. I am our last pattern in this Congress by taking up ton Wild and Scenic River in Massa- speaker. bills that don’t get a lot of time to be chusetts, to the Pacific Northwest Na- Mr. HASTINGS of Washington. Mr. looked at—we will probably come back tional Scenic Trail in Washington Speaker, I yield myself the balance of and have to make some changes. In State, to the Paterson National His- my time. fact, I would not be surprised that toric Park in New Jersey, my friends, Mr. Speaker, in my opening remarks, there will be a bill to address the issue this is America the beautiful, of spa- I talked a bit about process, that we of the judge’s decision very shortly. I cious skies and purple mountain maj- seem to have a pattern in this new bet probably there will be a bill that esties. Congress of taking up bills like this will clarify the border security. Well, This is what our great land is all that are not fully vetted. This is just we could have done that with this about. This is what we, who have a re- the latest example of that. I hope it is lands bill. sponsibility to steward and guard our the last, but I am not holding my So, Mr. Speaker, even though I have public resources, have a responsibility breath. as well to pass on to generations to But I also made an observation in my pieces of legislation in here, I am going come after us. opening remarks that there are enough to urge my colleagues to vote ‘‘no’’ on My colleagues, in these trying eco- individual bills in here to cover enough this bill. nomic times, let us today give assur- individual congressional districts that With that, I yield back my time. Mr. RAHALL. Mr. Speaker, as we ances to the American people that this this bill will probably pass, and I sus- close this debate, to some of the gen- Nation does remain great and that we pect that it probably will. I listened very intently to all of my tlemen on the other side of the aisle have something to celebrate, a heritage friends on both sides of the aisle that who are expressing opposition to this of which we can all be proud. The open spoke in favor of this bill. In every one measure—some rather vociferously—I skies, the public wilderness, the herit- of the projects they talked about, at would quote William Shakespeare: Me age areas, the wild and scenic trails, least one way or the other, they sug- thinks ye doth protest too much. the beautiful, open-flowing and clean gested that there is a lot of work at The Ice Age Floods National Geologic rivers, let us all think about those maj- home, there is a lot of vetting on that. Trail, which the gentleman from Wash- esties that we have in this country as And I totally agree. ington—my ranking member who I re- we move toward final passage of this When I went to the Rules Committee spect—has been working on for many legislation and indeed turn it to where last night to try to address some of the years will now become a reality. And it belongs, in the heavens above. problems I had, none of those projects the Park City and Bountiful land ex- Mr. PASCRELL. Mr. Speaker, I rise today in that the Members on the other side changes, which the gentleman from strong support of H.R. 146, the Omnibus Pub- talked about were what I was talking Utah has been advocating for some lic Lands Act, a bipartisan piece of legislation about with what I had problems with time, will also become a reality. that will do wonders for conservation and his- this bill. And that gets us then back to The Santa Margarita River and toric preservation across the United States. the point that we are making. On those Elsinore Valley Water projects, which This bill includes the Paterson Great Falls Na- areas where there is disagreement, in the gentleman from California wants, tional Park Act, which I originally introduced in the people’s House, Mr. Speaker, we will now become a reality. And the the 109th Congress and passed this House in should have an opportunity to discuss Chisholm-Great Western Trail study, October of 2007. the differences and then have a vote advanced by the gentlemen from Okla- As a lifelong Paterson resident and the and find out which side prevails. But homa, will now become a reality. city’s former mayor, I have fought for many all we heard today on debate on this Many of you are in the enviable posi- years to bring recognition to this site that has was those that had good projects. I cer- tion, I guess, of protesting against this played such a seminal role in American his- tainly don’t argue with that. I men- bill—perhaps voting against it—yet tory. A National Historical Park is the only way tioned I have three of them in here my- still getting what you want. I guess to properly showcase the significant cultural self. being in the minority sometimes has and historic landmarks and natural beauty that And so, the process, I guess, is what its advantages. the Great Falls Historic District has to offer, I disturbs me more than anything else. The fact of the matter is that the am proud and thankful that the Congress will The issue that I had a concern with was pending matter has twice been ap- soon pass this legislation and President the issue of the judge’s decision last proved by the Senate by overwhelming Obama will sign it into law. week on second amendment rights. No- majorities, and 2 weeks ago in this Fifteen miles west of New York City, the body talked to defend that. The issue I body, it received 282 votes in favor and majestic Great Falls in Paterson, New Jersey had was the language that was taken 144 opposed. was the second largest waterfall in colonial out as to homeland security environ- It is now time, my colleagues, for the America. No other natural landmark has mental concerns. Nobody came down to will of the Congress to be made final on played such an important role in our nation’s the floor to discuss that or defend that this measure. We have heard repeat- quest for freedom and prosperity. position. I raised concerns about the edly from the malcontents, but they do Alexander Hamilton recognized the gran- interpretation of people with disabil- not represent the majority view. The deur and unique power of the Great Falls ities having access to our wilderness famous photographer Ansel Adams when he founded Paterson in 1792 as Amer- areas. Nobody came down to the floor once said, ‘‘Let us leave a splendid leg- ica’s first planned industrial city. Hamilton was to discuss that. acy for our children. Let us turn to committed to demonstrating the profitability of Those are the issues that we should them and say, this you inherit: guard it manufacturing in America rather than depend- have had a discussion on, not the issues well, for it is far more precious than ing upon foreign goods. As Paterson rapidly that everybody agreed upon. Had we money, and once destroyed, nature’s rose into a thriving industrial city, it became gone through normal process, that beauty cannot be repurchased at any the living manifestation of Hamilton’s prescient probably would have been vetted. price.’’ belief in the capitalist revolution. There probably would have been a com- That, my friends, is what this legisla- Development of the raceway system to har- promise worked out so that we could tion is all about. ness the power of the 77-foot Great Falls, the have resolved the issues for everybody From the Wild Mon wilderness in my second largest waterfall east of the Mississippi and a bill like this truly could have home State of West Virginia, to the River, created one of the country’s first manu- passed with well-overwhelming sup- Copper Salmon Wilderness in Oregon; facturing centers. Paterson was the site of the port. the Virginia Ridge and Valley Wilder- first water-powered cotton spinning mill, and

VerDate Mar 15 2010 12:18 Aug 01, 2011 Jkt 079102 PO 00000 Frm 00150 Fmt 0688 Sfmt 9920 E:\BR09\H25MR9.006 H25MR9 erowe on DSK5CLS3C1PROD with BOUND RECORD March 25, 2009 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 7 8733 the first continuous roll paper mill. It was the Public Lands Management Act, which includes or memorials within the boundaries of the park site of the manufacture of the Colt Revolver, my Kalaupapa Memorial Act (H.R. 3332 in the at Kalawao or Kalaupapa. the Rogers Steam Locomotive, the Wright 110th Congress; H.R. 410 in the 111th Con- Ka ’Ohana O Kalaupapa has made a com- aeronautic engines and the first practical sub- gress). The Kalaupapa Memorial Act author- mitment to raise the funds needed to design marine. Its mills manufactured paper, cotton, izes establishment of a memorial at and build the memorial and will work with the and famously, silk, earning Paterson the name Kalaupapa National Historical Park on the is- National Park Service on design and location of ‘‘Silk City.’’ land of Molokai, Hawaii, to honor the memory of the memorial. The National Park Service has long been and sacrifices of the some 8,000 Hansen’s The residents of Kalaupapa and the families aware of the importance of protecting and pre- disease patients who were forcibly relocated of those who have passed want to make sure serving the Great Falls district. In 1969, the to the Kalaupapa peninsula between 1866 and not only that the story of Kalaupapa is told but Great Falls was listed as a National Natural 1969. that the patients are recognized as individuals Landmark and the 117 acres surrounding Last August, I visited Kalaupapa and met by having the names of each of those exiled them were entered on the Department of Inte- with the mostly elderly former patients who re- to Kalaupapa and buried there recorded for rior’s National Register as a Historic District. In side there. Many expressed a strong desire to posterity. Families that have visited Kalaupapa 1976, the Great Falls became a National see the Memorial become a reality in their life- and Kalawao searching in vain for the graves Landmark. Since 1988, the Interior Depart- times. Unfortunately, that dream did not come of their family members will find comfort in ment has listed the district as a Priority One true for two of the community’s most beloved seeing those names recorded on a memorial. threatened National Historic Landmark. and distinguished residents: Mrs. KIRKPATRICK of Arizona. Mr. Speak- In a special Bicentennial speech in Paterson Kuulei Bell, the president of Ka ’Ohana O er, I rise today in support of H.R. 146, the with the spectacular natural beauty of the Kalaupapa, passed away in February 8, 2009 Omnibus Public Lands Bill, in part because of Great Falls in the background, the late Presi- after a long illness. Despite her illness, she the important designations it makes for areas dent Gerald R. Ford said, ‘‘We can see the continued to champion establishment of the in Arizona’s First Congressional District. Great Falls as a symbol of the industrial might Memorial until shortly before her death. Among the many natural treasures that make which helps to make America the most power- Bernard Punikai’a, who fought all his life for our country beautiful, several of the most ful nation in the world.’’ equality and human rights for persons with beautiful are in Greater Arizona, including the With a National Park designation, the Great Hansen’s Disease throughout the world, 58,000 square miles that comprise the district Falls will be transformed into an attraction for passed away on February 25, 2009. I represent. visitors and Patersonians alike that could lead Today, I pay special tribute to Kuulei and One such treasure, Fossil Creek, runs along to the economic revitalization of Paterson. Bernard in casting my vote for this bill. The the border between Gila and Yavapai Coun- As soon as President Obama signs this bill policy of exiling persons with the disease that ties, as well as between the Coconino and into law, federal resources will be leveraged to was then known as leprosy began under the Tonto National Forests. The entire watershed revitalize the Great Falls area, refurbish the Kingdom of Hawaii and continued under the is within National Forest land and is sur- beautiful, historic mill buildings, maintain and governments of the Republic of Hawaii, the rounded by Fossil Springs Wilderness and protect the waterfall, and create a living re- Territory of Hawaii, and the State of Hawaii. Mazatal Wilderness areas. These fourteen minder of our nation’s rich industrial history. I Children, mothers, and fathers were forcibly miles of spring-fed water provide families with am proud and thankful that Congress and the separated and sent to the isolated peninsula opportunities for camping, birding, hiking, President will fully recognize the vision of of Kalaupapa, which for most of its history horseback riding, and other recreational activi- Hamilton, the design of L’Enfant, and the cul- could only be accessed by water or via a ties. tural and historic landmarks that have shaped steep mule trail. Children born to parents at In addition to the remarkable beauty of the America’s history. Kalaupapa were taken away from their moth- area, Fossil Creek represents a cultural treas- After this bill is signed into law I would be ers and sent to orphanages or to other family ure as well. The creek sustained the Yavapai- honored to have my colleagues visit Paterson members outside of Kalaupapa. Hawaii’s iso- Apache people who have inhabited the area, and tour the new Great Falls National Historic lation laws for people with Hansen’s disease and the Yavapai-Apache Nation still considers Park, where they can all see first hand the were not repealed until 1969, even though Fossil Creek sacred ancestral homeland. An- value that urban parks bring to the National medications to control the disease had been cient artifacts, ruins, and pictographs have Park System and to their local communities. available since the late 1940s. been found on numerous locations along Fos- This has been a long road we have traveled While most of us know about the sacrifices sil Creek’s terraces, and undiscovered archae- to get to this point. The Great Falls National of Father Damien (his statue is one of two ological treasures surely remain. Historic Park would not be at this point without representing Hawaii in DC), who dedicated his I commend the efforts of folks in Cotton- the work of many dedicated staff members life to care for those exiled to Kalaupapa fewer wood, Camp Verde, and Clarkdale commu- who have worked on this proposal. Obviously know of the courage and sacrifices of the pa- nities to have Fossil Creek included in the the patient staffers working under Chairman tients who were torn from their families and Wild and Scenic River System, which will RAHALL and Chairman GRIJALVA at the Natural left to make a life in this isolated area. It is im- rightly highlight the beautiful and unique fea- Resources Committee deserve our thanks and portant that their lives be remembered. tures of the area for generations. appreciation. Since 2001, the many staffers Of the some 8,000 former patients buried in Walnut Canyon National Monument is an- from my office working towards this goal have Kalaupapa, only some 1,300 have marked other great treasure in Northern Arizona, and included Mia Dell, Susan Quatrone, Caley graves. A memorial listing the names of those this bill includes a study to help develop a Gray, Stephanie Krenrich and Arthur Mandel. who were exiled to Kalaupapa and died there long-term management plan that addresses On the other side of the Capitol, Arvin is a fitting tribute and is consistent with the pri- the recreational, cultural, and natural re- Ganesan with Senator LAUTENBERG and Hal mary purpose of the park, which is ‘‘to pre- sources in the area. The study has had the Connolly with Senator MENENDEZ deserve our serve and interpret the Kalaupapa settlement strong backing of Coconino County and the appreciation. for the education and inspiration of present City of Flagstaff, and through their efforts we And let me conclude by extending special and future generations.’’ will protect the natural habitat and sacred thanks to Leonard Zax, a good friend and Ka ’Ohana O Kalaupapa, a non-profit orga- grounds surrounding the Walnut Canyon Na- Paterson native, who has testified in commit- nization consisting of patient residents at tional Monument. tees, drafted support letters, brought parties Kalaupapa National Historical Park and their Mr. Speaker, thank you for the opportunity together and has basically worked tirelessly to family members and friends, was established to consider this legislation, which includes so see this bill through from concept to comple- in August 2003 to promote the value and dig- many provisions to protect and enhance our tion. nity of the more than 8,000 persons some 90 nation’s natural and cultural treasures. We have a great deal of work left to do, but percent of whom were Native Hawaiian—who Ms. HERSETH SANDLIN. Mr. Speaker, let us celebrate this important milestone for were forcibly relocated to the Kalaupapa pe- today, the House of Representatives passed the City of Paterson and the preservation of ninsula. A central goal of Ka ’Ohana O H.R. 146: Omnibus Public Land Management the Great Falls on the Passaic River. Kalaupapa is to make certain that the lives of Act 2009. Included in this bill is the authoriza- Ms. HIRONO. Mr. Speaker, I rise today in these individuals are honored and remem- tion of Preserve America and Save America’s enthusiastic support of H.R. 146, the Omnibus bered through the establishment of a memorial Treasures.

VerDate Mar 15 2010 12:18 Aug 01, 2011 Jkt 079102 PO 00000 Frm 00151 Fmt 0688 Sfmt 9920 E:\BR09\H25MR9.006 H25MR9 erowe on DSK5CLS3C1PROD with BOUND RECORD 8734 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 7 March 25, 2009 I want to take this opportunity to express my in H.R. 146, the Omnibus Public Land Man- Some previous speakers have erroneously appreciation of and support for the role that agement Act of 2009 in no way resembles the claimed that the Omnibus Public Land Man- State and Tribal Historic Preservation Offices legislation I cosponsored when I lent my name agement Act would harm our water supplies. play in national historic preservation efforts. In and support in favor of the Revolutionary War Nothing could be further from the truth. The 1966, Congress passed the National Historic and War of 1812 Battlefield Protection Act. fact of the matter is that this bill increases the Preservation Act. This Act charged State His- It was not my intention or desire to be listed clean water supply available to the American toric Preservation Offices with several respon- as a cosponsor of the Omnibus Public Land West, and it settles years of costly litigation sibilities, from locating historic resources to Management Act of 2009. This legislation over water. California, for example, will see providing technical assistance to federal agen- does have several laudable provisions, includ- seven Title XVI water recycling projects au- cies. ing language I sponsored: H.R 548, the Civil thorized by this package, in addition to two Furthermore, the National Historic Preserva- War Battlefield Preservation Act to preserve groundwater recharge projects. These projects tion Act emphasizes the need for cooperation and protect Civil War Battlefields and H.R. will allow local communities across our state and coordination among federal, tribal, state, 530, the Santa Ana River Water Supply En- to produce almost half a million acre-feet of and local governments as well as private orga- hancement Act to increase Southern Califor- reclaimed reuse water and added storage ca- nizations and individuals. In South Dakota, nia’s water supply. However, this omnibus bill pacity. These water provisions are environ- State and Tribal Historic Preservation Officers taken as a whole would withdraw millions of mentally sustainable and they are cost-effec- play a crucial part in many projects and initia- acres of public land from energy development, tive, and should be supported by our state’s tives, such as preserving significant buildings increase government spending by almost $9 entire congressional delegation. and landmarks and ensuring that Native Amer- billion, and add even greater restrictions to Because of the widespread benefits of these ican sacred sites are protected. federally managed lands. Title XVI and groundwater water supply au- South Dakota has received a handful of I have been a long time advocate for pres- thorizations, this bill is supported by a broad grants through both the Save America’s ervation of our nation’s historic battlefields. coalition that includes the Association of Cali- Treasures and Preserve America programs. These battlefields offer a porthole to the past. fornia Water Agencies, the Metropolitan Water However, the majority of our preservation The vivid imagery of an epic conflict can re- District of Southern California, the National funding comes from, and I expect will continue mind visitors of the struggles our country has Water Resources Association, and the West- to come from, the State and Tribal Historic gone through to preserve the banner of liberty ern Urban Water Coalition. I ask unanimous ECORD a letter of Preservation Programs. and justice for all. Memorializing the Civil War, consent to include in the R While I support the Save America’s Treas- Oliver Wendell Holmes said, ‘‘We have shared support sent by this coalition earlier this month ures and Preserve America programs, it is im- the incommunicable experience of war. We to Speaker PELOSI and Minority Leader BOEH- perative that we also recognize the statutory felt, we still feel, the passion of life to its top. NER. These agencies and associations are responsibilities of State and Tribal Historic In our youths, our hearts were touched by supporting the Omnibus Public Land Manage- ment Act because they know that this bill rep- Preservation Offices to carry out federal his- fire.’’ By preserving this Nation’s historic bat- resents a historic chance to meet our water toric preservation activities. In turn, I want to tlefields, we can give visitors a sense of what challenges head-on. I strongly support contin- state my support for ensuring that State and Mr. Holmes was talking about. Unfortunately, ued investment in these and other alternative Tribal Historic Preservation Offices have the this legislation stripped the language to which water supplies, and encourage the Bureau of funding and resources that they need to carry I originally lent my support, and therefore do Reclamation to move expeditiously on these out their multifaceted missions. I anticipate not wish to appear as a cosponsor of the Om- projects. that authorizing Save America’s Treasures nibus Public Lands Management Act of 2009. Mr. GEORGE MILLER of California. Mr. The bill before us today also provides us and Preserve America will complement the Speaker, I rise in strong support of H.R. 146, with the remarkable opportunity to resolve work conducted by State and Tribal Historic the Omnibus Public Land Management Act of nearly two decades of litigation over the res- Preservation Offices across the United States. 2009. This legislation is the culmination of toration of the San Joaquin River in California. My hope is that Congress recognizes that years of hard work, negotiation, and con- The San Joaquin Restoration Settlement Act the Preserve American and Save America’s sensus-building, and I commend Chairman is supported by the local affected water dis- Treasures programs are meant to supplement RAHALL and his subcommittee chairs, including tricts and the Friant Water Users Authority, the the baseline activities of State and Tribal His- RAU´ L GRIJALVA and GRACE NAPOLITANO, and environmental and fishing group plaintiffs who toric Preservation Offices (S/THPOs) which the Natural Resources Committee staff, for all brought the lawsuit, and by the state and fed- carry out the mandates of the National Historic of their efforts to bring this bill before us today. eral government. By approving H.R. 146, we Preservation Act. The work of the States and The Omnibus Public Land Management Act are voting to restore water and salmon to the Tribes provides the necessary foundation for is a compilation of many of the most important once-mighty San Joaquin River, as well as to the supplemental assistance provided by Pre- conservation measures that the Congress has authorize programs to help local farmers avoid serve America and Save America’s Treasures considered in years, and it is supported by a potential negative impacts from the restoration grants. diverse coalition that includes the outdoor in- program. Mr. GARY G. MILLER of California. Mr. dustry, sportsmen’s associations, parks and Without this legislation, the parties to the Speaker, I rise today to clarify my position as wilderness advocates, faith groups, and lit- lawsuit would have no choice but to return to it relates to H.R. 146, the Revolutionary War erally dozens of individual conservation and court, meaning wasted time and energy, a and War of 1812 Battlefield Protection Act. I wildlife protection organizations from across lack of certainty for both sides, and the loss of cosponsored this legislation when it was origi- the country. significant nonfederal funding. By passing this nally introduced into the House of Representa- In California, for example, this bill will pro- legislation today, we provide the funding and tives by my friend Congressman RUSH HOLT of tect significant stretches of federal land for fu- legal authority the Department of the Interior New Jersey, to create a grant program to gen- ture generations by enacting the California needs to ensure a timely and robust restora- erate partnerships at the State and local level, Desert and Mountain Heritage Act, the Se- tion program, which is so essential to the suc- encouraging the private sector to preserve, quoia-Kings Canyon National Park Wilderness cess of this settlement. conserve, and enhance nationally significant Act, and the Eastern Sierra and Northern San As many of my colleagues know, the contin- Revolutionary War and War of 1812 battle- Gabriel Wild Heritage Act. ued shutdown of the sport and commercial fields. But this bill is not just about protecting na- salmon fisheries in our state has resulted in This bill passed by an overwhelming margin tional treasures for future generations. It’s also significant economic losses. While California on the House floor on March 3, 2009, and was about taking very significant steps to resolve must do more to restore the health of the Bay- subsequently sent to the Senate. Senate lead- water conflicts. All of us who represent Cali- Delta and the Sacramento River, restoring ers then removed all language the House of fornia and the arid West are very concerned 30,000 spring run Chinook salmon to the San Representatives had voted for and replaced it about drought, and this bill provides solutions: Joaquin River each year, as this legislation in- with the Omnibus Public Land Management the legislation before us today resolves con- tends, will help ensure that California’s salm- Act of 2009. The Senate proceeded to pass flicts that have dragged on for decades, and it on, and the considerable statewide economic the legislation and send it back to the House will bring substantial clean water supplies on- activity that depends on healthy salmon runs, of Representatives where we stand to vote on line. We owe it to our constituents to support are restored and sustained for future genera- it today. To be clear, the language contained this bill. tions.

VerDate Mar 15 2010 12:18 Aug 01, 2011 Jkt 079102 PO 00000 Frm 00152 Fmt 0688 Sfmt 9920 E:\BR09\H25MR9.006 H25MR9 erowe on DSK5CLS3C1PROD with BOUND RECORD March 25, 2009 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 7 8735 Approving the San Joaquin River Settlement Atwater, General Manager, Inland Em- derstanding that this legislation is not intended will help bring the State’s second largest river pire Utilities Agency; John R. Mundy, to preclude or limit the State of California, the back to life, improving water quality for the General Manager, Las Virgenes Munic- Department of Water Resources of the State Bay-Delta, and it will achieve some of the ipal Water District; Jeffrey of California, the United Water Conservation Kightlinger, General Manager, Metro- goals of the 1992 Central Valley Project Im- politan Water District of Southern District, and other governmental entities from provement Act. Perhaps most importantly, California. releasing water for water conservation pur- Congress’s approval of this settlement will Tom Donnelly, Executive Director, Na- poses. demonstrate that environmentalists and farm- tional Water Resources Association; Mrs. CAPPS. Mr. Speaker, I rise today to ers can work together with federal and state Michael R. Markus, General Manager, express my support for the Senate amend- agencies to resolve California’s water chal- Orange County Water District; Matt ments to H.R. 146, which incorporates the lenges in a way that all parties can live with. Stone, General Manager, Rancho Cali- Omnibus Public Land Management Act of While passage of this legislation is not the fornia Water District; Leroy Goodson, 2009. General Manager, Texas Water Con- final step in the restoration of the river, and al- I want to thank Chairman RAHALL for his servation Association; G. Wade Miller, leadership in bringing this legislation back to though we will need to watch the agencies’ Executive Director, Watereuse Associa- implementation of the settlement carefully, this tion; Richard Nagal, General Manager, the House floor for a vote. While we were un- vote today is a critical step in a very long West Basin Municipal Water District; able to vote on this package earlier this process. Charles L. Nylander, President, Wester month, it is time that we pass these bills. For those of us who represent California Coalition of Arid States; Guy Martin, This legislation is a bipartisan package of and the West, it’s very clear that this bill offers National Counsel, Western Urban more than 160 individual bills, and incor- a significant opportunity to protect our natural Water Coalition. porates a wide range of public lands, water re- resources, address serious economic prob- Mr. STARK. Mr. Speaker, I rise today in sources, and ocean and coastal protection lems, and resolve conflicts over water. We strong support of H.R. 146, the Omnibus Pub- measures that impact various regions of our can’t afford to miss this chance. lic Land Management Act of 2009. Nation. All of the bills included in the package For all these reasons and more, I strongly This long overdue legislation has been have been thoroughly reviewed and approved urge my colleagues to support H.R. 146—the many years in the making. It will be the first by the House or favorably reported by the Omnibus Public Land Management Act of major environmental bill signed into law by Senate committee of jurisdiction during the 2009. President Obama and it includes the largest 110th Congress. MARCH 10, 2009. wilderness designation of land in 15 years. Today, I wish to highlight four bills in the Re S. 22 Omnibus Public Lands Act. The bill will designate 2.1 million acres of omnibus package that I sponsored during the Hon. NANCY PELOSI, wildlands as federally protected wilderness, in- 111th Congress. House of Representatives, Capitol Building, cluding over 735,000 acres of land in my First, the Coastal and Estuarine Land Con- Washington, DC home state of California. servation Program Act. Hon. JOHN A. BOEHNER, In California, this bill will permanently pro- This legislation codifies and strengthens an House of Representtives, Capitol Building, tect half a million acres in the eastern Sierra, existing NOAA program—the Coastal and Es- Washington, DC. tuarine Land Conservation Program, or DEAR SPEAKER PELOSI AND REPRESENTA- White Mountains, Mojave Desert, San Gabriel CELCP—that awards grants to coastal states TIVE BOEHNER: The undersigned organiza- Mountains, San Jacinto Mountains, and Se- tions urge your support for key provisions of quoia, Kings Canyon, and Joshua Tree Na- to protect environmentally sensitive lands. S. 22, the Omnibus Public Land Management tional Parks. Over 100 miles of California’s riv- As someone who represents over 200 miles Act of 2009 and ask that you oppose any par- ers will be designated as Wild and Scenic Riv- of California’s coastline, I’m well aware of the liamentary or procedural efforts to delay or ers, ensuring their ecological health in the fu- pressures of urbanization and pollution along disrupt S. 22. our nation’s coasts. These activities threaten This legislation includes many key water ture. The legislation also includes vital provi- sions to restore the vitality of the San Joaquin to impair our watersheds, impact wildlife habi- provisions and authorizations for critically tat and cause damage to the fragile coastal important water projects and water resource River and its historic salmon runs. ecology. management programs that would help in- As cities and towns across our nation con- Coastal land protection partnership pro- crease local water supplies. The bill could tinue to develop and expand, it is essential grams, like CELCP, can help our Nation meet not come at a more important time as Cali- that we set aside wilderness lands and wild fornia and the southwest grapple with a these growing challenges. rivers for ecological preservation and rec- For example, in my congressional district multi-year drought—one of the most severe reational enjoyment. These wilderness areas we have experienced in the last hundred I’ve worked collaboratively with environmental years. provide us with clean air and drinking water. groups, willing sellers, and the State to con- Additionally, S. 22 authorizes the terms of They are part of our national heritage and we serve lands and waters around Morro Bay, on two historic environmental settlement need to ensure that they are protected for our the Gaviota Coast, and near the Piedras Blan- agreements, the Lower Colorado River Mul- grandchildren and our grandchildren’s grand- cas Light Station. tiple Species Habitat Conservation Plan, and children to experience and appreciate. the San Joaquin River Restoration settle- These projects have offered numerous ben- The Omnibus Public Land Management Act efits to local communities by preserving water ment agreement. The Secure Water Act, as of 2009 is truly historic legislation that rep- detailed in S. 2156, is also included in the quality, natural areas for wildlife and birds, and Omnibus Public Land Management Act. resents a huge victory for our environment. I’m outdoor recreation opportunities—thereby pro- Your support of S. 22 is imperative and we proud to support this bill and I urge my col- tecting for the future the very things we love ask that you move expeditiously to help en- leagues to join me in voting for it. about the coasts. sure that the key water provisions of S. 22 Mr. GALLEGLY. Mr. Speaker, subsection Although the program has been in existence including the San Joaquin River Restoration 199 of H.R. 146, the Omnibus Public Land for six years, it has yet to be formally author- Settlement Agreement, the Lower Colorado Management Act of 2009, concerns two ized. This legislation seeks to do just that. It River Multiple Species Habitat Conservation stream segments on Piru Creek located on Plan can be enacted as soon as possible. expands the federal/state partnership program Thank you for your consideration of our re- National Forest lands in Southern California explicitly for conservation of coastal lands. quest which would greatly benefit all Cali- and those segments flow to and from existing Under this program, coastal states can com- fornians. hydroelectric facilities and water supply oper- pete for matching funds to acquire land or Very truly yours, ations. Water is released from Pyramid Lake easements to protect coastal areas that have Tim Quinn Executive Director, Associa- into Piru Creek for conveyance and delivery to considerable conservation, recreation, ecologi- tion of California Water Agencies; Don- Lake Piru for the United Water Conservation cal, historical or aesthetic values threatened ald R. Kendall, General Manager, District and water is also released from Lake by development or conversion. Calleguas Municipal Water District. Piru. The amount and timing of water deliv- It will not only improve the quality of coastal Art Aguilar, General Manager, Central Basin Municipal, Water District; Tony ered or released may need to change to ad- areas and the marine life they support, but Pack, General Manager, Eastern Mu- dress the community’s water needs and to also sustain surrounding communities and nicipal Water District; Ronald E. protect the endangered Arroyo Toad. their way of life. Young, General Manager, Elsinore Val- According to a statement by the author of I would also like to acknowledge the work of ley Municpal Water District; Richard this subsection of the legislation, it is my un- former Congressman Jim Saxton. Mr. Saxton

VerDate Mar 15 2010 12:18 Aug 01, 2011 Jkt 079102 PO 00000 Frm 00153 Fmt 0688 Sfmt 9920 E:\BR09\H25MR9.006 H25MR9 erowe on DSK5CLS3C1PROD with BOUND RECORD 8736 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 7 March 25, 2009 introduced this legislation in the 109th and population, have exceeded its local water re- The only step remaining to complete the 110th Congresses. His longstanding commit- sources. As a result, over 50 percent of its process is an act of Congress enabling the ment to passage of this legislation will ensure water has to be imported from outside Secretary of the Interior to transfer title. the protection of the important coastal habitat sources. However, through a series of local, It is important to note that the proposed and provide for increased recreational oppor- state and federal restrictions the amount of im- transfer would apply only to lands and facilities tunities throughout his home state of New Jer- ported water available to the city is shrinking, associated with the District and would not af- sey. while the cost of that water is rising. fect the District’s existing water service con- The Omnibus Public Land Management Act Recognizing these challenges, Oxnard de- tract with the Santa Barbara County Water also includes my Integrated Coastal and veloped the GREAT Program to address its Agency, nor the Federal government receipts Ocean Observation System Act. long term water needs. from water deliveries under the contract. This legislation seeks to establish a national The GREAT Program elements include a In addition, the proposed transfer does not ocean and coastal observing, monitoring, and new regional groundwater desalination facility envision any new physical modification or ex- forecasting system to gather real-time data on to serve potable water customers in Oxnard pansion of the service infrastructure. the marine environment, to refine and en- and adjacent communities; a recycled water I’m pleased the Bureau supported my legis- hance predictive capabilities, and to provide system to serve agricultural water users and lation, which will allow the Bureau to focus its other benefits, such as improved fisheries provide added protection against seawater in- limited resources where they are needed management and safer navigation. trusion and saltwater contamination; and a most. To safeguard our coastal communities and wetlands restoration and enhancement com- In my view, this is an example of local prob- lem-solving at its best. I commend the staff of nation, we must invest in the integration and ponent that efficiently reuses the brine dis- the water district and the Bureau for their ef- enhancement of our coastal and ocean ob- charges from both the groundwater desalina- forts to reach this agreement. I know that they serving systems. tion and recycled water treatment facilities. have been working on this for several years The devastation caused by tsunamis, hurri- Implementation of the GREAT Program will canes, and other coastal storms demonstrates now. provide many significant regional benefits. In closing, Mr. Speaker, all of these bills the critical need for better observation and First, the new desalination project will serve could not have been accomplished without the warning systems to provide timely detection, ratepayers in Oxnard and adjacent commu- assessment and warnings to millions of people strong support and hard work and dedication nities, guaranteeing sufficient water supplies living in coastal regions around the world. of the House Leadership and Chairman for the area. The U.S. Commission on Ocean Policy, the RAHALL, and I thank them for successfully Second, Oxnard’s current water infrastruc- Pew Oceans Commission, and many govern- moving these priorities in my congressional ture delivers approximately 30 million gallons ment ocean advisory groups have called for district. of treated wastewater per day to an ocean the establishment of a national integrated I urge all of my colleagues to support the outfall. The GREAT Program will utilize the re- coastal and ocean observing system as the Omnibus Public Land Management Act of source currently wasted to the ocean and treat answer to this challenge. 2009 by voting for the Senate amendments to Specifically, the National Integrated Coastal it so that it can be reused by the agricultural H.R. 146. and Ocean Observing System Act would for- water users in the area. Mrs. MALONEY. Mr. Speaker, I am pleased mally authorize the President to develop and During the non-growing season, it will inject to support H.R. 146, the Omnibus Public Land operate a genuine national coastal and ocean the resource into the ground to serve as a Management Act of 2009. The rivers, moun- observing system to measure, track, explain, barrier against seawater intrusion and salt- tains, parks and forests of the United States and predict events related to climate change, water contamination. To alleviate severely de- are a fundamental part of our national herit- natural climate variability, and interactions be- pressed groundwater levels, this component age, and it is crucial that these resources are tween the oceans and atmosphere, including also pumps groundwater into the aquifer to protected for future generations to enjoy. the Great Lakes; promote basic and applied enhance groundwater recharge. The majority of the bills in this monumental science research; and institutionalize coordi- Finally, the brine produced as a by-product legislation had been considered and enjoyed nated public outreach, education, and training. of the desalination and recycling plants will strong bipartisan support in previous Con- Importantly, this system will build on recent provide a year-round supply of nutrient-rich gresses, and the passage of these provisions advances in technology and data management water to the existing wetlands at Ormond for public land management, forest preserva- to fully integrate and enhance the nation’s ex- Beach. tion, and other crucial conservation measures isting regional observing assets, like the I commend Oxnard for finding innovative is long overdue. I would like to take this op- Southern and Central and Northern California and effective ways of extending water supplies portunity to commend the work of Senate Ma- Ocean Observing Systems, which operate off in the West. In my view, the City of Oxnard jority Leader HARRY REID, Speaker of the California’s coastline. These systems have Water Recycling and Desalination Act sup- House NANCY PELOSI, the bill’s sponsor Sen- proven invaluable in understanding and man- ports one such creative solution. ator JEFF BINGAMAN, and Representative NICK aging our ocean and coastal resources. It will reduce the consumption of ground- RAHALL in keeping this legislation moving for- I would also like to commend our former water for agricultural and industrial purposes, ward. colleague from Maine, Congressman Tom cut imported water delivery requirements, and I would also like to congratulate my friend Allen, for championing this legislation in the improve local reliability of high quality water Congresswoman LOUISE SLAUGHTER for the in- 110th Congress. Congressman Allen worked deliveries. clusion of her provision on the Women’s tirelessly to enact this important legislation in Finally, the package includes my Goleta Rights National Historic Park in this important the last session, and he deserves a tremen- Water Distribution System Conveyance Act. legislation. It is fitting that, as we work to pro- dous amount of credit when this measure is This bill authorizes the title transfer of a fed- tect the landmarks that help to make this signed into law. erally owned water distribution system in my country great, we commemorate the central This legislation also includes my City of congressional district from the Bureau of Rec- role women have played in our Nation’s his- Oxnard Water Recycling and Desalination Act. lamation to the Goleta Water District. tory. This bill authorizes a proposed regional The purpose of the legislation is to simplify On July 19, 1848, a group of women activ- water resources project—the Groundwater Re- the operation and maintenance of the District’s ists including Elizabeth Cady Stanton, Lucretia covery Enhancement and Treatment, or water distribution system and eliminate unnec- Mott, and Mary Ann M’Clintock organized the GREAT, Program—located in my congres- essary paperwork and consultation between first Women’s Rights Convention at Wesleyan sional district. Many communities today are the District and the Bureau. Chapel in Seneca Falls, New York. The docu- faced with the difficult task of providing reliable The Goleta Water District has operated and ment produced at the Convention, entitled the and safe water to their customers. The City of maintained the facilities proposed for transfer Declaration of Sentiments, articulated the then Oxnard is no exception. since the 1950s. They have worked through radical idea that certain rights accrued to Oxnard is one of California’s fastest growing all requirements of the Bureau’s title transfer women, such as the freedom to own property cities and is facing an ever growing crisis: it’s process, including public meetings, fulfillment and the right to an education. That meeting running out of affordable water. of their repayment obligations, completion of spearheaded a 72-year struggle for women’s The water needs for the city’s agricultural an environmental assessment, and compli- suffrage, ending with the ratification of the and industrial base, together with its growing ance with all other applicable laws. 19th amendment on August 18, 1920.

VerDate Mar 15 2010 12:18 Aug 01, 2011 Jkt 079102 PO 00000 Frm 00154 Fmt 0688 Sfmt 9920 E:\BR09\H25MR9.006 H25MR9 erowe on DSK5CLS3C1PROD with BOUND RECORD March 25, 2009 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 7 8737 This provision in the Omnibus Public Lands Mr. HASTINGS of Washington. Mr. Salazar Smith (WA) Walden ´ Act would pay tribute to a milestone event in Speaker, on that I demand the yeas Sanchez, Linda Snyder Walz T. Space Wamp the women’s rights movement by allowing for and nays. Sanchez, Loretta Speier Wasserman the construction of a trail in the Women’s The yeas and nays were ordered. Sarbanes Spratt Schultz Rights Historical Park in Seneca Falls, New Schakowsky Stark Waters The SPEAKER pro tempore. Pursu- Schauer Sutton York, and permitting the establishment of a Watson ant to clause 8 of rule XX, this 15- Schiff Tanner Watt network of historical sites relevant to women’s Schrader Tauscher minute vote on concurring in the Sen- Waxman Schwartz Taylor history. ate amendments will be followed by a Weiner The park would serve as a physical re- Scott (GA) Teague 5-minute vote on suspending the rules Scott (VA) Thompson (CA) Welch minder of women’s historical contributions to and agreeing to House Resolution 273, Serrano Thompson (MS) Wexler Whitfield equality of rights and opportunity, values if ordered. Sestak Tierney which are central to the legacy of the United Shea-Porter Titus Wilson (OH) The vote was taken by electronic de- Wittman States. I ask my colleagues to join me in cele- Sherman Tonko vice, and there were—yeas 285, nays Shuler Towns Wolf brating these accomplishments by ensuring 140, not voting 6, as follows: Simpson Tsongas Woolsey that the landmarks of the women’s rights Sires Turner Wu movement are remembered and preserved. [Roll No. 153] Skelton Upton Yarmuth Slaughter Van Hollen Mr. BLUMENAUER. Mr. Speaker, I am YEAS—285 Young (AK) Smith (NJ) Vela´ zquez Young (FL) pleased to vote ‘‘yes’’ on the Omnibus Public Abercrombie Ehlers Lipinski Smith (TX) Visclosky Land Management Act of 2009. This bill will Ackerman Ellison LoBiondo designate more than 2 million acres of wilder- Adler (NJ) Ellsworth Loebsack NAYS—140 ness in nine states, including 127,000 acres Altmire Eshoo Lofgren, Zoe Aderholt Flake McMorris Andrews Etheridge Lowey Akin Fleming Rodgers on Mt. Hood and in the Columbia River Gorge. ´ Arcuri Farr Lujan Alexander Forbes Mica Baca Fattah Lynch It also includes wilderness protection for other Austria Foxx Miller (FL) Baird Filner Maffei Oregon treasures in the Cascade Siskiyou, Bachmann Franks (AZ) Moran (KS) Baldwin Fortenberry Maloney Bachus Gallegly Murphy, Tim Oregon Badlands, Spring Basin, and Copper Barrow Foster Markey (CO) Barrett (SC) Garrett (NJ) Myrick Salmon areas. Bean Frank (MA) Markey (MA) Bartlett Gingrey (GA) It is worth noting that in addition to wilder- Becerra Frelinghuysen Massa Neugebauer Barton (TX) Gohmert Nunes Berkley Gerlach Matheson Biggert Goodlatte ness on Mt. Hood, the legislation contains Olson Berman Giffords Matsui Bilbray Graves nearly 80 miles of Wild and Scenic Rivers, in- Paul Berry Gonzalez McCarthy (NY) Bilirakis Guthrie Pence cluding stretches of Fish Creek, which con- Bishop (GA) Gordon (TN) McCollum Bishop (UT) Hall (TX) tains crucial habitat for endangered fish, the Bishop (NY) Grayson McDermott Blackburn Harper Peterson East Fork of the Hood River, where wildlife Blumenauer Green, Al McGovern Blunt Hastings (WA) Pitts Boccieri Green, Gene McIntyre Poe (TX) habitat and low impact recreation opportunities Boehner Heller Bono Mack Griffith McKeon Bonner Hensarling Posey abound, and Fifteen Mile Creek, another crit- Boswell Grijalva McMahon Boozman Herger Price (GA) ical area for fish and wildlife, recreation, and Boucher Gutierrez McNerney Boren Hoekstra Putnam Boyd Hall (NY) Meek (FL) Boustany Hunter Radanovich scenic beauty. The bill designates 34,000 Brady (PA) Halvorson Meeks (NY) acres of new National Recreation Areas in the Brady (TX) Issa Rehberg Braley (IA) Hare Melancon Broun (GA) Jenkins Roe (TN) Mt. Hood National Forest and creates a long Bright Harman Michaud Brown (SC) Johnson, Sam Rogers (AL) term transportation plan to address the chal- Brown, Corrine Hastings (FL) Miller (MI) Buchanan Jordan (OH) Rogers (KY) Brown-Waite, Heinrich Miller (NC) Burgess King (IA) Rogers (MI) lenges of getting to and from the mountain. It Ginny Herseth Sandlin Miller, George Burton (IN) King (NY) Rohrabacher also directs the Forest Service to participate in Butterfield Higgins Minnick Buyer Kingston Roskam Capito Hill Mitchell three land conveyances. These exchanges will Calvert Kline (MN) Royce Capps Himes Mollohan provide additional protection for the North side Camp Lamborn Ryan (WI) Capuano Hinchey Moore (KS) Campbell Latham of Mt. Hood, the Pacific Crest Trail, and a par- Cardoza Hinojosa Moore (WI) Scalise Cantor Latta Schmidt cel of land that is critical to the community in Carnahan Hirono Moran (VA) Cao Lewis (CA) Carney Hodes Murphy (CT) Schock Clackamas County. Carter Linder Sensenbrenner Carson (IN) Holden Murphy, Patrick Chaffetz Lucas In 2003, I worked with other members of the Sessions Cassidy Holt Murtha Coble Luetkemeyer Oregon delegation to hold a Mt. Hood Summit Shadegg Castle Honda Nadler (NY) Coffman (CO) Lummis Shimkus at Timberline Lodge, inviting local stake- Castor (FL) Hoyer Napolitano Cole Lungren, Daniel holders to share their vision for the challenges Chandler Inglis Neal (MA) Conaway E. Shuster and opportunities facing the Mt. Hood National Childers Inslee Nye Crenshaw Mack Smith (NE) Clarke Israel Oberstar Culberson Manzullo Stearns Forest. Over the past six years a committed Clay Jackson (IL) Obey Davis (KY) Marchant Stupak group of citizens, organizations, Native Ameri- Cleaver Jackson-Lee Olver Deal (GA) Marshall Sullivan cans, local, state and federal jurisdictions, and Clyburn (TX) Ortiz Diaz-Balart, L. McCarthy (CA) Terry Cohen Johnson (GA) Pallone private interests have spent countless hours Diaz-Balart, M. McCaul Thompson (PA) Connolly (VA) Johnson (IL) Pascrell Dreier McClintock Thornberry negotiating a long term stewardship and pro- Conyers Johnson, E. B. Pastor (AZ) Duncan McCotter Tiahrt tection plan for Mt. Hood’s forests and rivers. Cooper Jones Paulsen Emerson McHenry Tiberi Oregonians have worked tirelessly and wait- Costa Kagen Payne Fallin McHugh Wilson (SC) Costello Kanjorski Perlmutter ed years to have these treasured natural Courtney Kaptur Perriello NOT VOTING—6 areas protected. I am extremely pleased that Crowley Kennedy Peters Engel Granger Souder the hard work of so many committed local Cuellar Kildee Petri Cummings Kilpatrick (MI) Pingree (ME) Fudge Miller, Gary Westmoreland stakeholders is coming to fruition, and I hope Dahlkemper Kilroy Platts that we pass this bill today and send it swiftly Davis (AL) Kind Polis (CO) b 1404 to President Obama for his signature. Davis (CA) Kirk Pomeroy Mr. RAHALL. I yield back the bal- Davis (IL) Kirkpatrick (AZ) Price (NC) Messrs. HALL of Texas and ROYCE, Davis (TN) Kissell Rahall ance of my time. DeFazio Klein (FL) Rangel and Ms. FALLIN changed their vote The SPEAKER pro tempore. All time DeGette Kosmas Reichert from ‘‘yea’’ to ‘‘nay.’’ for debate has expired. Delahunt Kratovil Reyes Ms. GINNY BROWN-WAITE of Flor- Pursuant to House Resolution 280, DeLauro Kucinich Richardson ida and Mr. MCINTYRE changed their the previous question is ordered. Dent Lance Rodriguez Dicks Langevin Rooney vote from ‘‘nay’’ to ‘‘yea.’’ The question is on the motion offered Dingell Larsen (WA) Ros-Lehtinen So the motion was agreed to. by the gentleman from West Virginia Doggett Larson (CT) Ross (Mr. RAHALL). Donnelly (IN) LaTourette Rothman (NJ) The result of the vote was announced The question was taken; and the Doyle Lee (CA) Roybal-Allard as above recorded. Driehaus Lee (NY) Ruppersberger Speaker pro tempore announced that Edwards (MD) Levin Rush A motion to reconsider was laid on the ayes appeared to have it. Edwards (TX) Lewis (GA) Ryan (OH) the table.

VerDate Mar 15 2010 12:18 Aug 01, 2011 Jkt 079102 PO 00000 Frm 00155 Fmt 0688 Sfmt 0634 E:\BR09\H25MR9.006 H25MR9 erowe on DSK5CLS3C1PROD with BOUND RECORD 8738 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 7 March 25, 2009 RECOGNIZING 188TH ANNIVERSARY Himes McDermott Ryan (WI) b 1412 OF GREEK INDEPENDENCE Hinchey McGovern Salazar Hinojosa McHenry Sa´ nchez, Linda So (two-thirds being in the affirma- The SPEAKER pro tempore. The un- Hirono McHugh T. tive) the rules were suspended and the finished business is the question on Hodes McIntyre Sanchez, Loretta resolution was agreed to. Hoekstra McKeon Sarbanes The result of the vote was announced suspending the rules and agreeing to Holden McMahon Scalise the resolution, H. Res. 273. Holt McMorris Schakowsky as above recorded. The Clerk read the title of the resolu- Honda Rodgers Schauer A motion to reconsider was laid on tion. Hoyer McNerney Schiff the table. Meek (FL) Schmidt The SPEAKER pro tempore. The Hunter f Inglis Meeks (NY) Schock question is on the motion offered by Inslee Melancon Schrader PROVIDING FOR CONSIDERATION the gentleman from California (Mr. Israel Mica Schwartz OF H.R. 1404, FEDERAL LAND AS- BERMAN) that the House suspend the Issa Michaud Scott (GA) Jackson (IL) Miller (FL) Scott (VA) SISTANCE, MANAGEMENT AND rules and agree to the resolution, H. ENHANCEMENT ACT Res. 273. Jackson-Lee Miller (MI) Sensenbrenner (TX) Miller (NC) Serrano Mr. POLIS. Mr. Speaker, by direction The question was taken. Jenkins Miller, George Sessions The SPEAKER pro tempore. In the Johnson (GA) Minnick Sestak of the Committee on Rules, I call up opinion of the Chair, two-thirds being Johnson (IL) Mitchell Shadegg House Resolution 281 and ask for its in the affirmative, the ayes have it. Johnson, E. B. Mollohan Shea-Porter immediate consideration. Johnson, Sam Moore (KS) Sherman The Clerk read the resolution, as fol- RECORDED VOTE Jones Moore (WI) Shimkus lows: Mr. MCGOVERN. Mr. Speaker, I de- Jordan (OH) Moran (KS) Shuler H. RES. 281 mand a recorded vote. Kagen Moran (VA) Shuster Kanjorski Murphy (CT) Simpson Resolved, That at any time after the adop- A recorded vote was ordered. Kaptur Murphy, Patrick Sires tion of this resolution the Speaker may, pur- The SPEAKER pro tempore. This is a Kennedy Murphy, Tim Skelton suant to clause 2(b) of rule XVIII, declare the 5-minute vote. Kildee Murtha Slaughter House resolved into the Committee of the The vote was taken by electronic de- Kilpatrick (MI) Myrick Smith (NE) Whole House on the state of the Union for Kilroy Nadler (NY) Smith (NJ) consideration of the bill (H.R. 1404) to au- vice, and there were—ayes 423, noes 0, Kind Napolitano Smith (TX) thorize a supplemental funding source for not voting 8, as follows: King (IA) Neal (MA) Smith (WA) catastrophic emergency wildland fire sup- [Roll No. 154] King (NY) Neugebauer Snyder Kingston Nunes Space pression activities on Department of the In- AYES—423 Kirk Nye Speier terior and National Forest System lands, to Abercrombie Calvert Doyle Kirkpatrick (AZ) Oberstar Spratt require the Secretary of the Interior and the Ackerman Camp Dreier Kissell Obey Stark Secretary of Agriculture to develop a cohe- Aderholt Campbell Driehaus Klein (FL) Olson Stearns sive wildland fire management strategy, and Adler (NJ) Cantor Duncan Kline (MN) Olver Stupak for other purposes. The first reading of the Akin Cao Edwards (MD) Kosmas Ortiz Sullivan bill shall be dispensed with. All points of Alexander Capito Edwards (TX) Kucinich Pallone Sutton order against consideration of the bill are Altmire Capps Ehlers Lamborn Pascrell Tanner Andrews Capuano Ellison waived except those arising under clause 9 or Lance Pastor (AZ) Tauscher Arcuri Cardoza Ellsworth 10 of rule XXI. General debate shall be con- Langevin Paul Taylor Austria Carnahan Emerson fined to the bill and shall not exceed one Larsen (WA) Paulsen Teague Baca Carney Eshoo hour equally divided and controlled by the Bachmann Carson (IN) Etheridge Larson (CT) Payne Terry Latham Pence Thompson (CA) chair and ranking minority member of the Bachus Carter Fallin Committee on Natural Resources. After gen- Baird Cassidy Farr LaTourette Perlmutter Thompson (MS) Baldwin Castle Fattah Latta Perriello Thompson (PA) eral debate the bill shall be considered for Barrett (SC) Castor (FL) Filner Lee (CA) Peters Thornberry amendment under the five-minute rule. The Barrow Chaffetz Flake Lee (NY) Peterson Tiahrt bill shall be considered as read. All points of Bartlett Chandler Fleming Levin Petri Tiberi order against provisions in the bill are Barton (TX) Childers Forbes Lewis (CA) Pingree (ME) Tierney waived. Notwithstanding clause 11 of rule Bean Clarke Fortenberry Lewis (GA) Pitts Titus XVIII, no amendment to the bill shall be in Becerra Clay Foster Linder Platts Tonko order except those printed in the report of Berkley Cleaver Foxx Lipinski Poe (TX) Towns the Committee on Rules accompanying this Berman Clyburn Frank (MA) LoBiondo Polis (CO) Tsongas resolution. Each such amendment may be of- Berry Coble Franks (AZ) Loebsack Pomeroy Turner Biggert Coffman (CO) Frelinghuysen Lofgren, Zoe Price (GA) Upton fered only in the order printed in the report, Bilbray Cohen Gallegly Lowey Price (NC) Van Hollen may be offered only by a Member designated Bilirakis Cole Garrett (NJ) Lucas Putnam Vela´ zquez in the report, shall be considered as read, Bishop (GA) Conaway Gerlach Luetkemeyer Radanovich Visclosky shall be debatable for the time specified in Bishop (NY) Connolly (VA) Giffords Luja´ n Rahall Walden the report equally divided and controlled by Bishop (UT) Conyers Gingrey (GA) Lummis Rangel Walz Blackburn Cooper Gohmert the proponent and an opponent, shall not be Lungren, Daniel Rehberg Wamp Blumenauer Costa Gonzalez subject to amendment, and shall not be sub- E. Reichert Blunt Costello Goodlatte Wasserman ject to a demand for division of the question Boccieri Courtney Gordon (TN) Lynch Reyes Schultz in the House or in the Committee of the Mack Richardson Waters Boehner Crenshaw Graves Whole. All points of order against such Bonner Crowley Grayson Maffei Rodriguez Watson Maloney Roe (TN) Watt amendments are waived except those arising Bono Mack Cuellar Green, Al under clause 9 or 10 of rule XXI. At the con- Boozman Culberson Green, Gene Manzullo Rogers (AL) Waxman Boren Cummings Griffith Marchant Rogers (KY) Weiner clusion of consideration of the bill for Boswell Dahlkemper Grijalva Markey (CO) Rogers (MI) Welch amendment the Committee shall rise and re- Boucher Davis (AL) Guthrie Markey (MA) Rohrabacher Wexler port the bill to the House with such amend- Boustany Davis (CA) Gutierrez Marshall Rooney Whitfield ments as may have been adopted. The pre- Boyd Davis (IL) Hall (NY) Massa Ros-Lehtinen Wilson (OH) vious question shall be considered as ordered Brady (PA) Davis (KY) Hall (TX) Matheson Roskam Wilson (SC) on the bill and amendments thereto to final Brady (TX) Davis (TN) Halvorson Matsui Ross Wittman passage without intervening motion except Braley (IA) Deal (GA) Hare McCarthy (CA) Rothman (NJ) Wolf one motion to recommit with or without in- Bright DeFazio Harman McCarthy (NY) Roybal-Allard Woolsey Broun (GA) DeGette Harper McCaul Royce Wu structions. Brown (SC) Delahunt Hastings (FL) McClintock Ruppersberger Yarmuth The SPEAKER pro tempore (Mr. Brown, Corrine DeLauro Hastings (WA) McCollum Rush Young (AK) ROSS). The gentleman from Colorado is Brown-Waite, Dent Heinrich McCotter Ryan (OH) Young (FL) Ginny Diaz-Balart, L. Heller recognized for 1 hour. Buchanan Diaz-Balart, M. Hensarling NOT VOTING—8 Mr. POLIS. Mr. Speaker, for the pur- Burgess Dicks Herger pose of debate only, I yield the cus- Burton (IN) Dingell Herseth Sandlin Engel Kratovil Souder Butterfield Doggett Higgins Fudge Miller, Gary Westmoreland tomary 30 minutes to my colleague on Buyer Donnelly (IN) Hill Granger Posey the Rules Committee, the gentleman

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from Florida (Mr. LINCOLN DIAZ- in Grand County near Granby, Colo- sure that, as these fires grow in scope BALART). All time yielded during con- rado. My district has many tourists and number, we are not forced to make sideration of the rule is for debate coming through it; and I have Vail, hard choices between money and safe- only. Beaver Creek, Copper Mountain, Win- ty, between dealing with catastrophes GENERAL LEAVE ter Park. Recently, I had somebody and preventing them from occurring. Mr. POLIS. I ask unanimous consent who came through in July and noticed This is exactly what this legislation is that all Members have 5 legislative that many of our trees were red and designed to do. days within which to revise and extend said, ‘‘Fall comes early in Colorado.’’ I The FLAME Act addresses the anx- their remarks and to insert extraneous had to respond that, ‘‘No, it is not fall. iety of our communities by removing materials. Our trees are dying.’’ This is a typical hurdles that currently restrict the For- The SPEAKER pro tempore. Is there landscape across many parts of the est Service and BLM’s ability to pro- objection to the request of the gen- Mountain West of Colorado. The red ceed with projects. By establishing the tleman from Colorado? trees are actually dead or in the proc- FLAME fund, this bill separates the in- There was no objection. ess of dying, having been felled by the creasing costs of fighting fires from the Mr. POLIS. Mr. Speaker, I yield my- pine beetle. The danger is that when we annual budget that agencies rely on for self such time as I may consume. have a forest of dead trees, it is in ef- maintenance and mitigation. This bill Mr. Speaker, House Resolution 281 fect a tinderbox and is a major forest keeps the critical budget of—our For- provides for consideration of H.R. 1404, fire risk. est Service from being consumed by po- the Federal Land Assistance Manage- This bill includes amendments in the tentially just one or two major ment and Enhancement, or FLAME, underlying language that free up re- wildfires each year. Act under a structured rule. The rule sources to help address the underlying Mr. Speaker, this bill has gained the provides 1 hour of general debate con- causes of forest fires rather than just support of every environmentally con- trolled by the Committee on Natural after the fact dealing with emer- scious constituency, from land man- Resources. gencies. agement agencies to environmental The rule makes in order 13 amend- The culprit in this particular case, and community leaders to local gov- ments, which are listed on the Rules the mountain pine beetle, a small little ernments. It has garnered bipartisan Committee report accompanying the fellow, dendroctonus ponderosae. I support, as reported out of the Natural resolution. Each amendment is debat- have some here, life-size. Again, not Resources Committee in the 110th Con- able for 10 minutes. The rule also pro- just affecting Colorado, but affecting gress by a voice vote. vides one motion to recommit, with or Mr. Speaker, I want to reiterate the many areas of our Mountain West; and, without instructions. importance and the critical nature of in addition to the devastation of our All Members were given an oppor- this legislation to thousands of com- forests, visually and ecologically, cre- tunity to submit amendments to the munities like mine across the Nation ating a very real risk of forest fires, Rules Committee on the bill, and a and to millions of acres of our public which this bill gives us the ability to number of Members on both sides of lands. This is an excellent opportunity begin to address. the aisle did so: 21 amendments were to provide necessary resources to our Our land management agencies are submitted to the Rules Committee on Forest Service and BLM so they can do working quickly to reduce the poten- this bill; two amendments were subse- the work that they are meant to do, tial fire risks where communities and quently withdrawn; and three amend- and prevent forest fires from occurring. wildlands come face to face. These ments were nongermane to the under- I urge passage of the bill and the rule. lying bill. Of the remaining 16, 13 were wildland-urban interface zones, or WUI I reserve the balance of my time. made in order, five of those from Re- zones, are critical in decreasing the Mr. LINCOLN DIAZ-BALART of publican sponsors. This was a very fair number and threat of catastrophic Florida. Mr. Speaker, I would like to rule and a very fair process. wildfires. But our agencies simply thank my friend, the gentleman from My district and the State of Colorado don’t have the resources to effectively Colorado (Mr. POLIS) for the time, and are tied closely to the lands and land- respond to the risk or the increased I yield myself such time as I may con- scapes that our citizens interact with risk because of the changes. The Forest sume. on a daily basis. These landscapes are Service and Bureau of Land Manage- With the serious conditions in our majestic and rugged, and define the ment have multiple environmentally Nation’s forests, drought and more and character of Colorado. The FLAME Act friendly projects simply waiting to be more development closer to our forests, ends a cycle of growing costs for fight- funded. the size and severity of wildfires have ing wildfires. These costs are draining Fire suppression costs have increased dramatically increased. The costs to the coffers of our Federal land manage- with alarming speed in recent years. In our public lands, wildlife, private prop- ment agencies. 2008, fire suppression costs consumed 46 erty, and, most importantly, to human The character of our wilderness is percent of the Forest Service’s budget life have been tragic. being tested every summer when dis- compared to 13 percent in 1991. The ac- Federal fire suppression spending has tricts like mine and many others face count established in the FLAME Act grown substantially over the past sev- the threat of wildfires, and anxiety frees up capital and resources for need- eral years, with approximately 48 per- grows in the minds of mountain resi- ed and lasting forest health improve- cent of the Department of Agri- dents and local communities. This anx- ments. culture’s Forest Service budget now ac- iety has grown in recent years due to Mr. Speaker, the beetle epidemic in counting for these activities. Just over the health of forests, which has wors- the West puts Coloradans on the front a decade ago, only 18 percent of the ened. lines of changing climate, which only Forest Service budget was dedicated to Mr. Speaker, the FLAME Act is a bill further strains our national land man- fire suppression. Much to the det- of personal interest to me and the resi- agement budgets. Across the Nation, riment of other important programs, dents of Colorado. My district, like climate and weather modeling shows the Forest Service and the Department many Western districts, is dealing with our future to be growing both drier and of the Interior have been forced to bor- a mountain pine beetle outbreak of hotter. These models point to extreme row funds from other agency accounts catastrophic proportions. This out- intense thunderstorms with insuffi- to cover these emergency costs. When break has killed millions of acres of cient quantities of rain. agencies transfer funds from other ac- lodgepole pines, altering the landscape, Our communities deserve a land man- counts, they must reimburse those ac- and has put more Colorado, New Mex- agement policy that not only reflects counts when additional funds become ico, Wyoming, Montana, and Idaho crucial priorities, but is unimpeded by available, usually through emergency communities at risk of wildfire. the costs of frequent and overwhelming supplement appropriations. I bring your attention to this pic- fires and the crises that arise from This legislation that is being brought ture. This is some land in my district time to time. Our policy needs to make to the floor today establishes a fund

VerDate Mar 15 2010 12:18 Aug 01, 2011 Jkt 079102 PO 00000 Frm 00157 Fmt 0688 Sfmt 0634 E:\BR09\H25MR9.006 H25MR9 erowe on DSK5CLS3C1PROD with BOUND RECORD 8740 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 7 March 25, 2009 that will be separate from budgeted One amendment, for example, by Rep- Mr. Speaker, while I support the un- wildland fire suppression funding for resentative HERGER would have re- derlying goals and indeed the idea of the Forest Service and the Department quired that any wildlife suppression this bill, I have fundamental concerns of the Interior. This fund will only be funds in excess of amounts annually with what is lacking in both the bill used for the suppression of cata- appropriated be made available for haz- and the rule. strophic emergency wildland fires. The ardous fuels reduction projects. An- This rule and bill have focused on annual agency budgets will continue to other amendment by Ranking Member clearing up how to budget for fighting fund anticipated and predicted HASTINGS that was blocked would have forest fires. That is good. But the Dem- wildland fire suppression activities. included fire prevention activities as ocrat leadership is averting its eyes Thus, this fund will help ensure that part of the fire management strategy. and its legislative power from the need fire prevention resources of the Forest Mr. Speaker, I am not going to go to prevent forest fires from happening Service and the Department of the In- into the rest of the amendments, but in the first place. terior are not completely overwhelmed none of them seem so objectionable Under the Democrat majority, not a by emergency firefighting expenses. that the House should be prevented single hearing has been held on Appropriations for the fund will be from even considering them. The pat- wildland fire prevention in this Con- based on the average costs incurred by tern is clear. The pattern of procedural gress, and only one hearing was held in these agencies to suppress catastrophic unfairness by this majority continues. the last Congress. Hundreds of millions emergency wildland fires over the pro- It is petty and it is unfortunate. of dollars have been provided to place ceeding 5 fiscal years. I reserve the balance of my time. more forested land under Federal con- Although I support the underlying Mr. POLIS. Mr. Speaker, of the 16 trol. But little has been allocated to legislation, I know there is concern amendments that were germane and actively manage these lands or help that the legislation is reactive and not were offered, 13 were made in order, the Forest Service and Department of proactive. A number of Members in the and indeed five of those were by Repub- the Interior clear areas and create fire- minority have expressed their concern lican sponsors. And I know that the walls between populated areas and po- that the legislation only addresses one Rules Committee did give every consid- tential tinder boxes. aspect of the problem, the suppression eration to amendments from both sides I note that while this rule has been funding side, without providing real re- and indeed allow a reasonable number much more generous, and sometimes lief and dealing with the underlying for discussion. when I say that with all the closed rules we have had, even one amend- problem to help prevent wildfires. I b 1430 hope that the Natural Resources Com- ment would be generous, but while this mittee will review these concerns and The issue is an urgent one. By freeing rule has been much more generous in work to prevent these devastating up the pot of money that is otherwise making amendments in order than re- fires. able to be used for single events or ca- cent examples, of the five amendments Last week, I had the honor of ad- tastrophes as sometimes in the past it that I filed, the two which explicitly dressing the International Association has been used for one or two events, it address fire prevention were not al- of Firefighters, IAFF. It was a great prevents ongoing forest maintenance lowed by the Rules Committee, as was honor to stand before those courageous and prevention activities. As my col- Congressman HERGER’s amendment, a men and women to thank them for league from Florida mentioned, this commonsense, budget-neutral one that their noble service to the Nation. Fire- bill does have strong bipartisan sup- the gentleman from Florida pointed fighters put their lives in danger in port. I too would like to applaud Chair- out would simply say excess funds in order to rescue their fellow citizens man RAHALL and Ranking Member this account should go to fire preven- from peril and to protect our commu- HASTINGS for their work in bringing tion. nities. Our heartfelt gratitude goes out this bill before us. I don’t understand what is wrong to them, and I am pleased that the un- Not only my district, but many other with even debating it. Keep in mind, derlying legislation recognizes the self- parts of the country deserve a better Mr. Speaker, when we allow these less acts of bravery of these men and equipped agency that can work to ad- amendments to be made in order, we women by ensuring that our fire- dress the challenges faced by our com- are not saying they are going to pass. fighters have the resources necessary munities on public lands. The pine bee- We are simply going to say that they and readily available to combat the tle epidemic will leave an increased will be made in order to debate. Why catastrophic fires that ravage our pub- risk of forest fire for many years to wouldn’t we want to have a debate that lic lands and threaten surrounding come. And the further effects of cli- says we have excess funds, and if there communities. mate change will put many more is no fires, so there is some funds left I would like to thank Chairman strains on our ecosystems and the over, we will put that in fire preven- RAHALL and Ranking Member HAS- economy, not just in Colorado, not just tion? Why, for goodness’ sakes, could TINGS for their bipartisan work on the for the southern pine beetle in Florida, we not even debate something like that legislation. Unfortunately, in what is not just in areas that are currently af- on the floor? But that seems to be a becoming quite a familiar pattern, the fected, but indeed in public lands and pattern, unfortunately, in this Con- House majority leadership and the ma- areas across our great Nation. In many gress. jority on the Rules Committee con- ways, this is one of the costs of climate Mr. Speaker, we immunize our chil- tinue to block an open debate even on change which this body talks about in dren to prevent illnesses and suffering. noncontroversial legislation. other pieces of legislation from time to We treat our homes for termites and This legislation passed the House of time. other pests to save us from expensive Representatives by a unanimous voice I would like to reserve the balance of extermination and repairs down the vote last Congress. That vote clearly my time. line. Farmers spray their crops to pre- shows that this legislation has broad Mr. LINCOLN DIAZ-BALART of vent plant disease and infestation and support from both sides of the aisle. Florida. Mr. Speaker, it is my privilege to produce healthy products. Why can’t Yet, the majority is apparently so to yield such time as he may consume we extend the same principle to our afraid of losing control of the debate to my friend, the former member of the forests? Preventing devastating forest that even on something with obvious Rules Committee, who now is the rank- fires or reducing their severity will consensus support the majority blocks ing member of the Resources Com- save money, property and even lives. Members from offering amendments to mittee, Mr. HASTINGS of Washington. I note that my friend from Colorado improve the legislation. Mr. HASTINGS of Washington. Mr. in his opening remarks made mention I reviewed some of the amendments Speaker, I want to thank my good of a forest that is devastated by a bee- blocked by the majority, and I cannot friend and former seatmate on the tle. There is nothing in this bill that understand what is so objectionable. Rules Committee for yielding the time. prevents the beetle infestation. Now

VerDate Mar 15 2010 12:18 Aug 01, 2011 Jkt 079102 PO 00000 Frm 00158 Fmt 0688 Sfmt 0634 E:\BR09\H25MR9.006 H25MR9 erowe on DSK5CLS3C1PROD with BOUND RECORD March 25, 2009 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 7 8741 there are some amendments that may other vital projects, indeed prevention- my goodness, how could these AIG ex- address, and frankly my amendments related and forest health-related ecutives get the bonuses? that I wanted to offer would address it projects as a result. And what is ironic about this, we more fully. I think that this bill of I would like to reserve the balance of found out now that one Senator admit- carving out something to say that the my time. ted, yes, in fact, I did put that provi- Forest Service or anybody that fights Mr. LINCOLN DIAZ-BALART of sion in there at the beckoning of the forest fires will have a dedicated sum Florida. I yield such time as he may administration. We still don’t know of money to fund those, I think that is consume to the distinguished gen- who in the administration told that good policy. But, once again, this does tleman from Washington (Mr. HAS- Senator that that provision should be not address the underlying issues, and TINGS). in there. But I only make that observa- that is really where we should be focus- Mr. HASTINGS of Washington. I tion because it seems to me we should ing. thank the gentleman for yielding, and learn. We should learn that some of So I hope in the future my majority I wish my friend from Colorado had these things don’t work good. Because colleagues will heed the words of the yielded to me. the laws that we are passing are affect- beloved icon of the Forest Service, He is right. I served on the Rules ing all Americans. And if we have to Smokey the Bear, when he says, ‘‘Only Committee for 12 years. And I under- come back and say, goodness, we didn’t you can prevent forest fires.’’ stand what it is like for the majority know that was in a particular bill, that With that, I thank the gentleman for to have to control their agenda. I fully doesn’t do justice to what we as rep- yielding. understand that. But this is the peo- resentatives, people’s representatives, Mr. POLIS. Mr. Speaker, the gen- ple’s House. And we ought to be able to should be doing in this House. tleman from Washington had three debate issues on where there may be So I’m pleased that at least some of amendments that were ruled in order some disagreement. my amendments were made in order. I of the several he submitted before the Now you’re a new Member here. I wish they all could have been made in Rules Committee, and those, of course, hope that at some time you will enjoy, order. I would have taken the con- will be given consideration. There are and I say that in all sincerity, enjoy sequences if the majority of my col- also two amendments that directly re- having a bill on the floor under an open leagues didn’t agree with my approach late to our friends, the invasive species rule to debate under the 5-minute rule. to that. I would hope to have an oppor- in this case, dendroctonus ponderosae, Now I’m not sure if you know what tunity to at least debate that. But I and other species in other areas. that is, but that allows every Member wasn’t allowed that opportunity. And I Mr. HASTINGS of Washington. Will to speak for 5 minutes on a rule for un- think that is a bad trend in this House, the gentleman yield? limited time. I see my friend from Cali- and I hope it gets more open. But I sus- Mr. POLIS. Yes. fornia (Mr. MILLER) sitting here. And I pect that will not be the case. Mr. HASTINGS of Washington. I ap- remember in my first term in 1995, we With that, Mr. Speaker, I thank my preciate the gentleman yielding. And had some humongous debates on the friend for yielding. I’m very thankful that you made three floor here on forest lands, probably ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE of my amendments in order. But as I some other things. And those debates The SPEAKER pro tempore. Mem- explained in my remarks regarding the went well into the night. I remember bers are reminded to address their re- Herger amendment, when you make an very specifically. And at end of the marks to the Chair. amendment in order, you are not en- day, we voted. And one side won and Mr. POLIS. Mr. Speaker, I was begin- suring its passage. All you are ensuring one side lost, and we went on to the ning to wonder when our friends would is you are going to have a debate on next issue. But the pattern in this Con- try to connect AIG with forest health the issue. And so I wonder why you gress has been not even to have a de- and preventing forest fires. Indeed we wouldn’t, because there were some 20 bate. I don’t expect you to totally did not have to wait too long. amendments, why didn’t you make agree with me. You’re new here. Maybe This bill promotes accountability by them all in order and then we would you ought to go back and look at some requiring the Secretaries of Agri- have a debate on all of them. debates that we have had in the past or culture and Interior to monitor their Mr. POLIS. Reclaiming my time, of look at some rules. accounts and anticipate relevant costs. all individuals, those who have served We are coming to a time here in this This is a valuable tool in the long term on the Rules Committee are well aware process where we call appropriations to improve the efficacy and sustain- of the functions of that committee and season. Appropriations season has his- ability of our public lands manage- have, in fact, in previous sessions of torically been a time when there is ment. We will note that the arguments Congress undertaken even more severe open debate. Now, I hope I am wrong. I being made are purely procedural. We restrictions on a number of bills. hope I am wrong. But I suspect that should not allow these procedural Again, with regard to allowing 13 of the the Rules Committee will come up with issues to get in the way of what is sub- 16 amendments that were germane I what they call preprinting requirement stantively agreed on. think is an excellent example of the open rules. Well, that is not an open I have heard very positive comments Rules Committee not only doing their rule. Just by definition, if you have a with regard to the substance of this job but actually working to improve preprinting requirement, how can it be bill from both sides of the aisle, indeed the bill. open? But I suspect that that is what is giving our land management agencies Our land management agencies going to happen. the flexibility they need to make sure shouldn’t have to choose between fight- And so, one more step here where the that their budgets are not consumed by ing fires and preventing them or pre- people, I think, will be denied access to signal events and to focus on what they paring our communities or promoting their Members, their Representatives need to do and are, in fact, required to healthier forests. Our agencies should having access to an open debate. It just do under law in terms of forest man- be given the tools that allow them to seems to me that we have gone through agement and forest fire risk mitiga- fulfill their mission statements, pro- this year in the ruckus we had on the tion. tecting our forests and serving our floor with AIG last week, oh, my gosh, For nearly a decade, the GAO has communities. The FLAME Act address- we were shocked because of that provi- called for our agencies to draft a strat- es these problems by providing a source sion that was in the bill. It was an egy which will identify agencies to en- of emergency funds to suppress severe 1,100-page bill under which we had ab- vironmental and community leaders fires that pose a threat to life and solutely no chance to read it. alike. This bill has garnered strong bi- property. It ensures that during fire- Now, clearly, people on your side of partisan support, and it was reported, fighting seasons when the agencies’ the aisle didn’t read it. Clearly, people as I mentioned before, by a voice vote budgeted fire suppression funds are ex- in the other body didn’t read it, be- from the Natural Resources Com- hausted, they won’t be forced to cut cause the whole debate on that was, mittee.

VerDate Mar 15 2010 12:18 Aug 01, 2011 Jkt 079102 PO 00000 Frm 00159 Fmt 0688 Sfmt 0634 E:\BR09\H25MR9.006 H25MR9 erowe on DSK5CLS3C1PROD with BOUND RECORD 8742 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 7 March 25, 2009 I want to reiterate the importance of doesn’t want every amendment pos- Our public lands management agen- this legislation to thousands of com- sible to be presented, at least issues of cies remain constrained every day by munities across the Nation and to mil- contention that were taken before the the costs of fighting wildfires, which lions upon millions of acres of public Rules Committee in the form of will only worsen in coming years from lands. This is an excellent opportunity amendments should be allowed to be a changing climate and increasing fuel to provide the necessary resources to heard. load. our Forest Service so they can do the Mr. HASTINGS has pointed out that Some critics may point fingers, but work they are meant to do and indeed there is an issue in this with regard to today we stand here with an intel- must do. this legislation, and this is consensus ligent, well-designed, responsible and I urge the passage of the bill and the legislation. The underlying legislation bipartisan solution that puts our tax- rule. has support from both sides of the payer money to good use by protecting I would inquire if the gentleman from aisle. But there is an issue of conten- our communities and preserving our Florida has any remaining speakers. tion that was brought before the com- national treasures. Mr. LINCOLN DIAZ-BALART of mittee, and that is on fire prevention. This rule allows for 13 amendments, Florida. I don’t have any other speak- Apparently, and I’m not an expert on including five from the minority party, ers, but I have not yielded back. this area. But apparently, there are ob- and has given fair and due consider- Mr. POLIS. I would like to reserve jections from the extreme environ- ation to all the ideas that have been the balance of my time. mental lobby with regard to fire pre- Mr. LINCOLN DIAZ-BALART of promoted to enhance this legislation, vention being able to be debated. And Florida. Mr. Speaker, I have appre- including many that actually impact, the majority party, listening to that ciated this discussion, and again, I at least two amendments that reflect extreme lobby, has not allowed that invasive species such as the pine bee- thank Ranking Member HASTINGS for issue of contention which should be having come down during the time of tle. brought before this floor to be even de- debate on the rule. He has perhaps a Thank you, Mr. Speaker. I urge a bated. And I think that’s unfortunate. very unique perspective having served ‘‘yes’’ vote on the previous question So beyond even the pattern of unfair- on the Rules Committee for so many and the rule. ness that has been set by this majority, years. He knows the importance of I yield back the balance of my time, where not even one piece of legislation process to the functioning of the and I move the previous question on has been brought under an open rule House. And in addition, obviously, now the resolution. where everybody can file, every Mem- he is an expert, he always has been, but The previous question was ordered. ber of this House can file amendments, especially now that he is day in and The SPEAKER pro tempore. The beyond that even, significant issues of day out working on these issues in the question is on the resolution. contention that Mr. FRANK of Massa- The question was taken; and the Resources Committee, he is very much chusetts has made clear, and I’ve heard an expert on the underlying legisla- Speaker pro tempore announced that him. He’s been very explicit and, I the ayes appeared to have it. tion. think, eloquent when he said, no, no, Hearing the discussion, one thing Mr. POLIS. Mr. Speaker, on that I all such issues of contention should be comes to mind. Mr. HASTINGS pointed, demand the yeas and nays. allowed by the Rules Committee. And Mr. Speaker, to the fact that we recog- The yeas and nays were ordered. he’s gone so far even to protest his own nize, and I agree with him, we recog- The SPEAKER pro tempore. Pursu- leadership excluding genuine issues of nize that the majority obviously has a ant to clause 8 of rule XX, further pro- contention from prior bills brought be- right to carry forth its agenda and ob- ceedings on this question will be post- fore this House, and I think that he de- viously a right under the rules to pass poned. serves commendation for that. out resolutions establishing the frame- f So, here’s another example. Mr. HAS- work for debate. But some things I TINGS talks about an issue of conten- MESSAGE FROM THE SENATE think are important to point out with tion that has been shut out by the regard to that. In this Congress, I men- A message from the Senate by Ms. Rules Committee. So yes, Mr. HAS- tioned there has been a pattern, really Curtis, one of its clerks, announced TINGS may have had three amendments an excessive pattern. I don’t believe we that the Senate has agreed to a concur- made in order, but two amendments have passed out an open rule. rent Resolution of the following title that deal with the issues of contention in which the concurrence of the House b 1445 have not been made in order, and that’s is requested: In other words, I don’t think any leg- unfortunate. That’s what I’m saying S. Con. Res. 12. Concurrent resolution rec- islation in this Congress; am I correct? with regard to it being, I believe, un- ognizing and honoring the signing by Presi- I don’t remember any open rules. fortunate to see unnecessary, totally dent Abraham Lincoln of the legislation au- That’s really breaking with tradition. unnecessary closing of the process, thorizing the establishment of collegiate Let me explain that, Mr. Speaker. shutting out debate by the majority, programs at Gallaudet University. Open rules are, as Mr. HASTINGS said, even on noncontroversial underlying The message also announced that frameworks by which bills are brought pieces of legislation like the one we’re pursuant to Public Law 101–509, the to the floor, where any Member can bringing to the floor today. Chair, on behalf of the Secretary of the have an amendment, and any Member So we have no further speakers. Senate, announces the appointment of can speak on any amendment, for 5 Again, I thank my friend from Colo- Sheryl B. Vogt, of Georgia, to the Ad- minutes. And we have not seen that at rado for his courtesy. visory Committee on Records of Con- all in this Congress. Now, that is a very At this time, since we have no fur- gress. significant and, I believe, unfair pat- ther speakers, we yield back the bal- The message also announced that tern that’s been set. ance of our time. pursuant to Public Law 111–5, the Now, even having said that, there is Mr. POLIS. Mr. Speaker, I believe Chair, on behalf of the Majority Lead- another point that I think should be that it is noteworthy of the issues er, appoints the following individual to brought out. And I think our colleague raised by our friends, none speak to the the Health Information Technology from Massachusetts (Mr. FRANK) has lack of merit of this bill or, indeed, the Policy Committee: Dr. Frank Nemec of made this point more than once, and I 13 amendments that are allowed under Nevada. think he’s made it very eloquently. this rule which will be subsequently f Issues of genuine contention, all of discussed. We must make sure that such issues should be able to be de- substance takes priority over proce- RAISING A QUESTION OF THE bated. dural processes which could otherwise PRIVILEGES OF THE HOUSE Now, in other words, if the majority delay a critical bill for the manage- Mr. FLAKE. Mr. Speaker, I rise to a doesn’t want to have an open rule, ment of our public lands. question of the privileges of the House

VerDate Mar 15 2010 12:18 Aug 01, 2011 Jkt 079102 PO 00000 Frm 00160 Fmt 0688 Sfmt 0634 E:\BR09\H25MR9.006 H25MR9 erowe on DSK5CLS3C1PROD with BOUND RECORD March 25, 2009 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 7 8743 and offer the resolution previously no- Mr. FLAKE. Mr. Speaker, on that I NAYS—182 ticed. demand the yeas and nays. Aderholt Garrett (NJ) Mica The SPEAKER pro tempore. The The yeas and nays were ordered. Akin Gerlach Miller (FL) Clerk will report the resolution. Alexander Giffords Miller (MI) The Clerk read as follows: The SPEAKER pro tempore. Pursu- Austria Gingrey (GA) Minnick ant to clause 8 of rule XX, this 15- Bachmann Gohmert Mitchell H. RES. 286 minute vote on tabling House Resolu- Bachus Goodlatte Moran (KS) Whereas, The Hill reported that a promi- Bartlett Granger Neugebauer nent lobbying firm specializing in obtaining tion 286 will be followed by a 5-minute Barton (TX) Graves Nunes defense earmarks for its clients, the subject vote on adopting House Resolution 281. Bean Guthrie Olson Biggert Hall (TX) Paul of a ‘‘federal investigation into potentially The vote was taken by electronic de- Bilbray Halvorson corrupt political contributions,’’ has given Paulsen vice, and there were—yeas 223, nays Bilirakis Harper Pence $3.4 million in political donations to no less 182, answered ‘‘present’’ 16, not voting Bishop (UT) Heller Perriello than 284 Members of Congress. Blackburn Hensarling 10, as follows: Petri Whereas, multiple press reports have noted Blunt Herger Pitts questions related to campaign contributions [Roll No. 155] Boccieri Herseth Sandlin Platts made by or on behalf of the firm; including Boehner Hill Posey questions related to ‘‘straw man’’ contribu- YEAS—223 Bono Mack Himes Price (GA) Boozman Hodes tions, the reimbursement of employees for Abercrombie Gutierrez Pallone Putnam Boustany Hoekstra Ackerman Hall (NY) Pascrell Radanovich political giving, pressure on clients to give, a Brady (TX) Hunter Adler (NJ) Hare Pastor (AZ) Rehberg suspicious pattern of giving, and the timing Bright Inglis Altmire Harman Payne Reichert of donations relative to legislative activity. Broun (GA) Issa Andrews Hastings (FL) Perlmutter Roe (TN) Whereas, Roll Call has taken note of the Brown (SC) Jenkins Arcuri Heinrich Rogers (AL) Peters Brown-Waite, Johnson (IL) timing of contributions from employees of Baca Higgins Rogers (KY) Peterson Ginny Johnson, Sam the firm and its clients when it reported that Baird Hinchey Rogers (MI) Pingree (ME) Buchanan Jordan (OH) they ‘‘have provided thousands of dollars Baldwin Hinojosa Rooney Polis (CO) Burgess Kind worth of campaign contributions to key Barrow Hirono Ros-Lehtinen Pomeroy Burton (IN) King (IA) Becerra Holden Roskam Members in close proximity to legislative ac- Price (NC) Buyer King (NY) Berkley Holt Royce tivity, such as the deadline for earmark re- Rahall Calvert Kingston Berman Honda Ryan (WI) quest letters or passage of a spending bill.’’ Rangel Camp Kirk Berry Hoyer Whereas, CQ Today specifically noted a Reyes Campbell Kirkpatrick (AZ) Scalise Bishop (GA) Inslee Richardson Cao Kosmas Schmidt Member getting ‘‘$25,000 in campaign con- Bishop (NY) Israel Rodriguez Capito Lamborn Schock tribution money from [the founder of the Blumenauer Jackson (IL) Rohrabacher Carter Lance Sensenbrenner firm] and his relatives right after his sub- Boren Jackson-Lee Ross Cassidy LaTourette Sessions committee approved its spending bill in Boswell (TX) Rothman (NJ) Castle Latta Shadegg Boucher Johnson (GA) 2005.’’ Roybal-Allard Chaffetz Lee (NY) Shimkus Boyd Johnson, E. B. Whereas, the Associated Press also noted Coble Lewis (CA) Simpson Brady (PA) Jones Ruppersberger that Members received campaign contribu- Coffman (CO) Linder Smith (NE) Braley (IA) Kagen Rush Cole LoBiondo Smith (NJ) tions from employees of the firm ‘‘around Brown, Corrine Kanjorski Ryan (OH) Crenshaw Loebsack Smith (TX) the time they requested’’ earmarks for com- Capps Kaptur Salazar Culberson Lucas Smith (WA) panies represented by the firm. Capuano Kennedy Sa´ nchez, Linda Davis (KY) Luetkemeyer Stearns Whereas, clients of the firm received at Cardoza Kildee T. Diaz-Balart, M. Lummis Sullivan least $300 million worth of earmarks in fiscal Carnahan Kilpatrick (MI) Sanchez, Loretta Donnelly (IN) Lungren, Daniel Teague Carney Kilroy Sarbanes year 2009 appropriations legislation, includ- Dreier E. Terry Carson (IN) Kissell Schakowsky ing several that were approved even after Duncan Mack Thompson (PA) Childers Klein (FL) Schauer news of the FBI raid of the firm’s offices and Ehlers Manzullo Thornberry Clarke Kratovil Schiff Ellsworth Marchant Tiahrt Justice Department investigation into the Clay Kucinich Schrader Emerson McCarthy (CA) Tiberi firm was well known. Cleaver Langevin Schwartz Fallin McCaul Turner Whereas, the persistent media attention Clyburn Larsen (WA) Scott (GA) Flake McClintock Upton focused on questions about the nature and Cohen Larson (CT) Scott (VA) Fleming McCotter Visclosky timing of campaign contributions related to Connolly (VA) Lee (CA) Serrano Forbes McHenry Walz Conyers Levin Sestak the firm, as well as reports of the Justice De- Fortenberry McHugh Wamp Cooper Lewis (GA) Shea-Porter partment conducting research on earmarks Foster McIntyre Whitfield Costa Lipinski Sherman and campaign contributions, raise concern Foxx McKeon Wilson (SC) Costello Lowey Shuler about the integrity of Congressional pro- Franks (AZ) McMorris Wittman Courtney Luja´ n Sires Frelinghuysen Rodgers Wolf ceedings and the dignity of this institution. Crowley Lynch Skelton Gallegly McNerney Young (FL) Now, therefore, be it Resolved, That Cuellar Maffei Slaughter (a) the Committee on Standards of Official Cummings Maloney Snyder ANSWERED ‘‘PRESENT’’—16 Conduct, or a subcommittee of the com- Dahlkemper Markey (CO) Space mittee designated by the committee and its Davis (AL) Markey (MA) Barrett (SC) Dent Myrick Speier Bonner Diaz-Balart, L. Poe (TX) members appointed by the chairman and Davis (CA) Marshall Spratt Butterfield Hastings (WA) Walden Davis (IL) Massa Stark ranking member, shall immediately begin an Castor (FL) Kline (MN) Welch investigation into the relationship between Davis (TN) Matheson Stupak DeFazio Matsui Chandler Latham the source and timing of past contributions Sutton Conaway Lofgren, Zoe DeGette McCarthy (NY) Tanner to Members of the House related to the raid- Delahunt McCollum Tauscher NOT VOTING—10 ed firm and earmark requests made by Mem- DeLauro McDermott Taylor Dicks McGovern Cantor Miller, Gary Waters bers of the House on behalf of clients of the Thompson (CA) Dingell McMahon Deal (GA) Olver Westmoreland raided firm. Thompson (MS) Doggett Meek (FL) Engel Shuster (b) The Committee on Standards of Official Tierney Doyle Meeks (NY) Melancon Souder Conduct shall submit a report of its findings Titus Driehaus Michaud b 1520 to the House of Representatives within 2 Edwards (MD) Miller (NC) Tonko months after the date of adoption of this res- Edwards (TX) Miller, George Towns Messrs. COFFMAN of Colorado, olution. Ellison Mollohan Tsongas SMITH of Nebraska and LOEBSACK The SPEAKER pro tempore. The res- Eshoo Moore (KS) Van Hollen Etheridge Moore (WI) Vela´ zquez changed their vote from ‘‘yea’’ to olution qualifies. Farr Moran (VA) Wasserman ‘‘nay.’’ MOTION TO TABLE Fattah Murphy (CT) Schultz Mr. LUJA´ N changed his vote from Mr. GEORGE MILLER of California. Filner Murphy, Patrick Watson Watt ‘‘nay’’ to ‘‘yea.’’ Mr. Speaker, I move to lay the resolu- Frank (MA) Murphy, Tim Fudge Murtha Waxman Mr. WELCH changed his vote from tion on the table. Gonzalez Nadler (NY) Weiner ‘‘yea’’ to ‘‘present.’’ The SPEAKER pro tempore. The Gordon (TN) Napolitano Wexler Mrs. MYRICK changed her vote from question is on the motion to table. Grayson Neal (MA) Wilson (OH) ‘‘nay’’ to ‘‘present.’’ The question was taken; and the Green, Al Nye Woolsey So the motion to table was agreed to. Green, Gene Oberstar Wu Speaker pro tempore announced that Griffith Obey Yarmuth The result of the vote was announced the ayes appeared to have it. Grijalva Ortiz Young (AK) as above recorded.

VerDate Mar 15 2010 12:18 Aug 01, 2011 Jkt 079102 PO 00000 Frm 00161 Fmt 0688 Sfmt 0634 E:\BR09\H25MR9.006 H25MR9 erowe on DSK5CLS3C1PROD with BOUND RECORD 8744 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 7 March 25, 2009 A motion to reconsider was laid on Sanchez, Loretta Snyder Van Hollen The result of the vote was announced the table. Sarbanes Space Vela´ zquez as above recorded. Schakowsky Speier Visclosky Schauer Spratt A motion to reconsider was laid on f Walz Schiff Stark Wasserman the table. Schrader Stupak Schultz f PROVIDING FOR CONSIDERATION Schwartz Sutton Waters OF H.R. 1404, FEDERAL LAND AS- Scott (GA) Tanner Watson GENERAL LEAVE Scott (VA) Tauscher Watt SISTANCE, MANAGEMENT AND Serrano Taylor Mr. RAHALL. Mr. Speaker, I ask Waxman ENHANCEMENT ACT Sestak Teague Weiner unanimous consent that all Members Shea-Porter Thompson (CA) may have 5 legislative days to revise The SPEAKER pro tempore. The un- Sherman Thompson (MS) Welch finished business is the vote on adop- Shuler Tierney Wexler and extend their remarks and include tion of House Resolution 281, on which Sires Titus Wilson (OH) extraneous material on H.R. 1404. the yeas and nays were ordered. Skelton Tonko Woolsey The SPEAKER pro tempore. Is there Slaughter Towns Wu The Clerk read the title of the resolu- Smith (WA) Tsongas Yarmuth objection to the request of the gen- tion. tleman from West Virginia? The SPEAKER pro tempore. The NAYS—175 There was no objection. question is on the resolution. Aderholt Frelinghuysen Moran (KS) f This will be a 5-minute vote. Akin Gallegly Murphy, Tim Alexander Garrett (NJ) Myrick FEDERAL LAND ASSISTANCE, The vote was taken by electronic de- Austria Gerlach Neugebauer MANAGEMENT AND ENHANCE- vice, and there were—yeas 248, nays Bachmann Gingrey (GA) Nunes MENT ACT 175, not voting 8, as follows: Bachus Gohmert Olson Barrett (SC) Goodlatte Paul The SPEAKER pro tempore. Pursu- [Roll No. 156] Bartlett Granger Paulsen Barton (TX) Graves ant to House Resolution 281 and rule YEAS—248 Pence XVIII, the Chair declares the House in Biggert Guthrie Petri Abercrombie Edwards (TX) Lowey Bilbray Hall (TX) Pitts the Committee of the Whole House on Ackerman Ellison Luja´ n Bilirakis Harper Platts the state of the Union for the consider- Adler (NJ) Ellsworth Lynch Bishop (UT) Hastings (WA) Poe (TX) Altmire Eshoo Maffei Blackburn Heller ation of the bill, H.R. 1404. Andrews Etheridge Maloney Posey Blunt Hensarling b 1531 Arcuri Farr Markey (CO) Boehner Herger Price (GA) Putnam Baca Fattah Markey (MA) Bonner Hill IN THE COMMITTEE OF THE WHOLE Baird Filner Marshall Radanovich Bono Mack Hoekstra Accordingly, the House resolved Baldwin Foster Massa Boozman Hunter Rehberg Barrow Frank (MA) Matheson Boustany Inglis Reichert itself into the Committee of the Whole Bean Fudge Matsui Brady (TX) Issa Roe (TN) House on the state of the Union for the Becerra Giffords McCarthy (NY) Broun (GA) Jenkins Rogers (AL) consideration of the bill (H.R. 1404) to Berkley Gonzalez McCollum Brown (SC) Johnson (IL) Rogers (KY) Berman Gordon (TN) McDermott Brown-Waite, Johnson, Sam Rogers (MI) authorize a supplemental funding Berry Grayson McGovern Ginny Jones Rohrabacher source for catastrophic emergency Bishop (GA) Green, Al McIntyre Buchanan Jordan (OH) Rooney wildland fire suppression activities on Bishop (NY) Green, Gene McMahon Burgess King (IA) Ros-Lehtinen Department of the Interior and Na- Blumenauer Griffith McNerney Burton (IN) King (NY) Roskam Boccieri Grijalva Meek (FL) Buyer Kingston Royce tional Forest System lands, to require Boren Gutierrez Meeks (NY) Calvert Kirk Ryan (WI) the Secretary of the Interior and the Boswell Hall (NY) Melancon Camp Kline (MN) Scalise Boucher Halvorson Michaud Secretary of Agriculture to develop a Campbell Lamborn Schmidt Boyd Hare Miller (NC) cohesive wildland fire management Cao Lance Schock Brady (PA) Harman Miller, George Capito Latham Sensenbrenner strategy, and for other purposes, with Braley (IA) Hastings (FL) Minnick Carter LaTourette Sessions Mr. LUJA´ N in the chair. Bright Heinrich Mitchell Cassidy Latta Shadegg The Clerk read the title of the bill. Brown, Corrine Herseth Sandlin Mollohan Castle Lee (NY) Butterfield Higgins Moore (KS) Shimkus The CHAIR. Pursuant to the rule, the Chaffetz Lewis (CA) Shuster Capps Himes Moore (WI) Coble Linder bill is considered read the first time. Simpson Capuano Hinchey Moran (VA) Coffman (CO) LoBiondo Smith (NE) The gentleman from West Virginia Cardoza Hinojosa Murphy (CT) Cole Lucas Smith (NJ) (Mr. RAHALL) and the gentleman from Carnahan Hirono Murphy, Patrick Conaway Luetkemeyer Smith (TX) Carney Hodes Murtha Crenshaw Lummis Washington (Mr. HASTINGS) each will Stearns Carson (IN) Holden Nadler (NY) Culberson Lungren, Daniel control 30 minutes. Castor (FL) Holt Napolitano Davis (KY) E. Sullivan The Chair recognizes the gentleman Chandler Honda Neal (MA) Terry Dent Mack from West Virginia. Childers Hoyer Nye Diaz-Balart, L. Manzullo Thompson (PA) Clarke Inslee Oberstar Diaz-Balart, M. Marchant Thornberry Mr. RAHALL. Mr. Chairman, I yield Clay Jackson (IL) Obey Donnelly (IN) McCarthy (CA) Tiahrt myself such time as I may consume. Cleaver Jackson-Lee Ortiz Dreier McCaul Tiberi I am pleased to bring before this body Clyburn (TX) Pallone Turner Duncan McClintock proactive legislation which would es- Cohen Johnson (GA) Pascrell Ehlers McCotter Upton Connolly (VA) Johnson, E. B. Pastor (AZ) Emerson McHenry Walden tablish a new arsenal to provide the Conyers Kagen Payne Fallin McHugh Wamp necessary resources to combat cata- Cooper Kanjorski Perlmutter Flake McKeon Whitfield strophic wildfires. Costa Kaptur Perriello Fleming McMorris Wilson (SC) Costello Kennedy Peters Forbes Rodgers Wittman We are all aware of the raging fires Courtney Kildee Peterson Fortenberry Mica Wolf which annually sweep across parts of Crowley Kilpatrick (MI) Pingree (ME) Foxx Miller (FL) Young (AK) America. Over the last decade, Cuellar Kilroy Polis (CO) Franks (AZ) Miller (MI) Young (FL) Cummings Kind Pomeroy wildfires have become increasingly Dahlkemper Kirkpatrick (AZ) Price (NC) NOT VOTING—8 dangerous and destructive, burning Davis (AL) Kissell Rahall Cantor Israel Souder more acreage and more property more Davis (CA) Klein (FL) Rangel Deal (GA) Miller, Gary Westmoreland often. Yet, financially, the Federal Davis (IL) Kosmas Reyes Engel Olver Davis (TN) Kratovil Richardson Government continues to be ill-pre- DeFazio Kucinich Rodriguez ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE pared to respond to these fires. DeGette Langevin Ross Every year the Forest Service, the Delahunt Larsen (WA) Rothman (NJ) The SPEAKER pro tempore (during DeLauro Larson (CT) Roybal-Allard the vote). Two minutes remain on the Bureau of Land Management, and the Dicks Lee (CA) Ruppersberger vote. other Federal agencies are forced to Dingell Levin Rush dramatically shift spending priorities, Doggett Lewis (GA) Ryan (OH) rapidly increasing funding for fire Doyle Lipinski Salazar b 1529 Driehaus Loebsack Sa´ nchez, Linda fighting at the expense of other vital Edwards (MD) Lofgren, Zoe T. So the resolution was agreed to. programs.

VerDate Mar 15 2010 12:18 Aug 01, 2011 Jkt 079102 PO 00000 Frm 00162 Fmt 0688 Sfmt 0634 E:\BR09\H25MR9.007 H25MR9 erowe on DSK5CLS3C1PROD with BOUND RECORD March 25, 2009 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 7 8745 This ‘‘Rob Peter to Pay Paul’’ ap- important aspects of their missions, in- trillion. A new report from Moody’s In- proach requires these agencies to bor- cluding those that will prevent fires vestor Service predicts that cap-and- row funds from other accounts, causing from devastating our communities in trade would cause electricity prices to everything from basic maintenance to the future. jump between 15 and 30 percent. This visitor services to suffer. In fact, as it I ask my colleagues to support pas- could cost American families up to stands, nearly half of the Forest Serv- sage of the FLAME Act. $3,100 a year. ice’s annual budget is spent putting I reserve the balance of my time. These are prices that are too high for out fires, causing some to point out Mr. HASTINGS of Washington. Mr. Americans to pay, especially when the that the agency is no longer the U.S. Chairman, I yield myself as much time impact of wildfires is not even being Forest Service, but rather, the U.S. as I may consume. considered. A better way of budgeting Fire Service. Mr. Chairman, I want to compliment for fire fighting is needed, and the bill The legislation before us, the Federal the distinguished chairman of the Nat- that we will be considering does pre- Land Assistance Management En- ural Resources Committee, Mr. cisely that, and I support that. But hancement Act, or FLAME Act, is a bi- RAHALL, for sponsoring this legislation, there is far more to this problem than partisan effort to correct course by and I urge my Republican colleagues to bookkeeping. getting out in front of these tragic fire support it. The simple fact is that our national seasons. The legislation would address This bill makes budgeting and ac- forests now have four to five times the the funding problem by establishing a counting for fighting fires easier for amount of trees per acre compared to dedicated fund for catastrophic, emer- Federal agencies and for Congress, but when Lewis and Clark ventured West. gency wildland fire suppression activi- Mr. Chairman, as written, it does noth- Today, these lands are a tinderbox ties, separate from appropriated, fire- ing to prevent forest fires. This is an waiting for a match strike. fighting funding. This pot of money accounting bill but not a wildfire pre- I hope this bill is improved through would be available when appropriated vention bill. the limited number of amendments funds run out, saving the agencies from It is regrettable that, since taking that were made in order by the Rules having to cut into nonfire programs. control of the House, Democrats have Committee, but it is clear that after The Secretaries of Agriculture and not moved a single piece of legislation enactment of this bill there is still far, Interior would be authorized to use that gives our land managers new au- far more that needs to be done to pre- money from the FLAME fund only thority or tools to manage the disas- vent wildfires across this country. after making a specific declaration trous situation on our Nation’s forests. With that, Mr. Chairman, I reserve that a fire was large enough and dan- Funding is important, but it will not the balance of my time. gerous enough to warrant such action. solve the problem if our land manage- Mr. RAHALL. Mr. Chairman, I’m The bill would also require the For- ment agencies are handcuffed to very happy to yield 2 minutes to the est Service and the Department of the wrong-headed policies backed up by gentlelady from California (Mrs. Interior to present to Congress a long- special interest lawsuits. CAPPS), a very valued member of our overdue, comprehensive strategy for Jobs are also at stake with the man- Committee on Natural Resources that combating wildland fire, a strategy agement of our Federal lands. Since was so instrumental in bringing this that would address the troubling short- 2006, Mr. Chairman, the logging, wood, legislation, as well as many other comings in the agencies’ response to paper, and cabinetry industries have pieces of legislation out of our com- fires identified by the Government Ac- lost 242,000 jobs. Two weeks ago, a Si- mittee, to the floor. countability Office and the Agriculture erra Pacific timber mill in Quincy, Mrs. CAPPS. I thank Chairman Department’s Inspector General. California, closed, which means that RAHALL for giving me time. I would note that this legislation close to 10 percent of the town’s econ- Mr. Chairman, I rise in very strong complements proposals in President omy will be closed down. This is an support of this FLAME Act. This Obama’s proposed budget to establish a area that has had double-digit unem- much-needed legislation comes at an dedicated fund for catastrophic ployment since the early 1990s. One of important time. Our Nation will be fac- wildfires. the main reasons the company cited for ing longer and more intense fire sea- This legislation also enjoys the sup- the mill closing is the lawsuits by envi- sons due to global warming and port of the five former chiefs of the ronmental groups on every single tim- drought. The cost of fighting fires has Forest Service, the National Associa- ber sale. grown enormously in recent years, and tion of State Foresters, the National On the issue of climate change and projections indicate that this trend Association of Counties, the National the President’s proposal of a new cap- will only increase, especially in popu- Federation of Federal Employees, the and-trade energy tax, we know that lated wildland-urban interface areas. Western Governors’ Association, and forests provide large and beneficial in- The Forest Service has spent over $1 nearly 40 other organizations. ventory of stored carbon and that for- billion per year in 5 of the last 7 years I am honored to be joined by our sub- est fires contribute huge amounts of to extinguish fires. And as the chair- committee chairman, the gentleman carbon dioxide emissions. man just said, wildland fire manage- from Arizona (Mr. GRIJALVA); our Inte- We lose millions of acres of our na- ment activities are estimated to con- rior Appropriations chairman NORM tional forests to wildfire every year, sume close to half of the Forest Serv- DICKS; Interior Appropriations ranking and these fires and their aftermath ice’s budget this year. member SIMPSON; and Congressman produce billions of tons of pollutants. These escalating costs are having a GREG WALDEN as original cosponsors of A medium-sized fire can release 200,000 significant impact on the Forest Serv- H.R. 1404. Agriculture chairman COLLIN tons of CO2, but if the burned trees are ice. For example, the Forest Service is PETERSON is also a cosponsor of the left to decompose, several times that forced to pull funds from other pro- bill. amount will be emitted. grams, leaving fewer funds available Each of these Members understands At a time when the Democrat major- for campground maintenance and for- that fire, and the cost of fighting it, is ity in Congress are working to make est restoration. among the most serious issues facing carbon emissions the number one issue The emergency fund created by the our Federal land management agen- on their legislative agenda, it is trou- FLAME Act will reduce the need to de- cies. If not addressed, this issue will bling that action is not being taken to plete important Forest Service pro- continue to cost homes, businesses, prevent wildfires that emit so much grams and will provide more reliable communities, public lands, and lives. carbon into the atmosphere. funding than uncertain year-to-year The FLAME Act will allow the For- Instead, Congress is working over- supplementals. est Service and the Department of the time on imposing a cap-and-trade tax Even more important, the FLAME Interior to respond to these dangerous scheme that the Obama administration Act will ensure the Forest Service has fires while also accomplishing other says may cost our economy over $2 regular funding available for day-to-

VerDate Mar 15 2010 12:18 Aug 01, 2011 Jkt 079102 PO 00000 Frm 00163 Fmt 0688 Sfmt 0634 E:\BR09\H25MR9.007 H25MR9 erowe on DSK5CLS3C1PROD with BOUND RECORD 8746 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 7 March 25, 2009 day fire management. This includes this Luddite ideology that human spending so much putting out fires and important prevention steps, like beings shouldn’t touch our natural re- we’d have a lot more revenue to do it FIREWISE Communities, hazardous sources. with if we would spend a little more ef- fuels treatment, and restoration work. My region in northeastern California fort on restoring sound forest manage- It’s absolutely essential that our ef- has been tormented by devastating ment practices to our national forests. forts to fight today’s fires don’t hurt fires in the last few years, and the rea- Mr. RAHALL. I yield myself such our efforts to prevent tomorrow’s fires. son is quite simple. As one forester ex- time as I may consume, Mr. Chairman. This bill will ensure this is the case. plained it at a hearing we conducted in The Congress, under the previous ma- Mr. Chairman, the Zaca fire that Sacramento, the excess timber is going jority, in 2003 enacted the Healthy For- burned 240,000 acres in my congres- to come out of the forests one way or ests Restoration Act under the guise sional district 2 years ago burned for 3 the other. It’s either going to be car- that it was the solution to preventing months, from July through September, ried out or it’s going to be burned out. wildland fires on Federal lands. Today, and it cost the Forest Service $120 mil- b 1545 nearly 6 years later, fires are still rag- lion. One fire. With close to 3,000 fires ing across the country and the Federal A generation ago, we carried it out, in California last year alone, and the land managers are breaking the bank and it fueled prosperity throughout our fire season expected to start earlier trying to pay for them. Clearly, it’s region and produced a cornucopia of than usual, it’s very clear that we have time to try something new—and that’s revenues to the Federal Government. a real need to create—— what we are attempting to do in this The CHAIR. The time of the gentle- But today, it’s being burned out, fuel- ing devastating fires that are destroy- legislation. woman has expired. I would certainly note that in pass- ing vast tracts of land and destroying Mr. RAHALL. I yield the gentlelady ing the Healthy Forests Restoration another 30 seconds. the abundance and prosperity that we Act, Congress authorized $760 million Mrs. CAPPS. It’s very clear that we once enjoyed. annually for hazardous fuels treat- need to create an emergency Federal The first victim of this wrongheaded fund dedicated solely to fighting dev- policy is the environment itself. Our ments on Federal lands. Sadly, the astating wildland fires, a rainy day recent forest fires have made a mock- Bush administration continuously un- fund for forest fires. This idea is long ery of all our clean air regulations. As derfunded hazardous fuels treatments overdue. the gentleman from Washington point- at only 65 percent of the level author- This legislation deserves to be ap- ed out, those concerned about carbon ized by Congress. proved by the House, and I urge all of dioxide might be interested in a report The skyrocketing cost of fighting my colleagues to address the long-term by scientists from the National Center fires forced drastic reductions in other wildfire suppression fund situation by for Atmospheric Research and the Uni- Forest Service accounts under the supporting this FLAME Act. versity of Colorado at Boulder. They Bush administration. This included Mr. HASTINGS of Washington. Mr. estimated that a single forest fire in cuts to fire preparedness, State fire as- Chairman, I’m pleased to yield 5 min- California in 2007 produced about 25 sistance, cooperative fire assistance, utes to the gentleman from California percent of the average monthly emis- and hazardous fuels treatments. (Mr. MCCLINTOCK), a member of the sions from all fossil fuel burning The lack of investment in fire pre- Natural Resources Committee. throughout all of California. Anyone vention under the Bush administration Mr. MCCLINTOCK. I thank the gen- who’s seen a forest after one of these led to a situation where communities tleman for yielding. fires knows that the environmental around the country have NEPA-ap- Mr. Chairman, I certainly support devastation could not possibly be more proved hazardous fuels projects waiting H.R. 1404. It is going to add some flexi- complete. for Federal funding. bility in managing firefighting costs on But the cost of these policies doesn’t In western States last year, there our Federal lands, but my friend, the end there. Timber is a renewable re- were over 1 million acres of NEPA-ap- gentleman from Washington, is abso- source. If properly managed, it’s lit- proved hazardous fuels projects that lutely correct. Our firefighting costs erally an inexhaustible source of pros- were awaiting funding from the Bush would be much lower and our revenues perity. And yet my region, blessed with administration. would be much higher if we’d restore one of the most bountiful renewable re- The FLAME Act will relieve the the sound forest management practices sources in the Nation, has been ren- drain on the Forest Service and the De- that this Congress long ago abandoned. dered economically prostrate. A region partment of the Interior budgets to en- Instead, we’ve embraced a radical and that once prospered from its surplus sure that funding is not swept away retrograde ideology that we should timber is now ravaged by fires that are from vital fire prevention activities. abandon our public lands to over- fueled by that surplus timber. This is why the FLAME Act has re- population, overgrowth, and benign ne- The gentleman from Washington ceived support from those organiza- glect. Bills like this one are made nec- mentioned the little town of Quincy, tions I mentioned in my opening state- essary precisely because of this public California, that happens to be in my ment—a rather broad-based list of or- falling. district—population 2,000. About 500 ganizations, well over 40, that are in A generation ago we recognized the families. As of May 4, 150 of those fami- support of the pending legislation. importance of proper wildlands man- lies are going to be out of work because I reserve the balance of my time, Mr. agement. We recognized that nothing is the sawmill had to shut down. Environ- Chairman. more devastating to the ecology of a mental litigation has tied up about Mr. HASTINGS of Washington. Mr. forest than a forest fire, and we recog- two-thirds of their timber harvest. Chairman, I am pleased to yield 5 min- nized that in any living community, in- The company that owns that saw- utes to the gentleman from Virginia cluding forests, dense overpopulation is mill, Sierra Pacific, also just an- (Mr. GOODLATTE). unhealthy. nounced today that it’s shutting down Mr. GOODLATTE. I thank the rank- And so we carefully groomed our pub- its sawmills in Sonora and Camino for ing member for yielding to me. lic lands. We removed excessive vegeta- the same reason. That’s another 310 I want to commend him and Chair- tion, and we gave timber the room it families out of work. man RAHALL for addressing this impor- needs to go. Surplus timber and over- This is not environmentalism. A true tant issue over the last 2 years. The growth were sold for the benefit of our environmentalist recognizes the dam- wildfire funding problems for the For- communities. Our forests prospered, age done by overgrowth and over- est Service are some of the most chal- our economy prospered, and forest fires population and they recognize the role lenging issues the agency faces today. were far less numerous and far less se- of sound forest management practices Wildfire funding costs have sky- vere than we suffer today. in maintaining healthy forests. rocketed over the last decade and are Today, we’re seeing the damage done So, Mr. Chairman, while I support consuming the Forest Service’s budget, to our forests and to our economy by this legislation, we wouldn’t need to be which means that there’s much less

VerDate Mar 15 2010 12:18 Aug 01, 2011 Jkt 079102 PO 00000 Frm 00164 Fmt 0688 Sfmt 0634 E:\BR09\H25MR9.007 H25MR9 erowe on DSK5CLS3C1PROD with BOUND RECORD March 25, 2009 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 7 8747 funding for other Forest Service needs. prised of American foresters want and hope that my colleagues on both sides We will continue to see high costs and need in this legislation. So I hope that of the aisle will support that. more damage to our forests and com- there will be bipartisan support. I But this is a good bill. It’s a start in munities unless we take steps to re- know in the Rules Committee there the right direction. I hear this all the duce fire risk in our national forests. was bipartisan support for bringing time when we have forest fires in my We must provide the Forest Service this amendment forward. I certainly district—and they happen virtually with additional tools to get our Fed- hope that that will continue as we try every year. People want to know: Are eral forests in a healthy, more fire-re- to maintain the type of bipartisan co- there sufficient funds in order to pay sistant condition. operation that has led to the point that for those forest fires? This is a bill of great importance to we have reached thus far in bringing Now we can say that there’s a mecha- States and communities across the this legislation forward in a way to sig- nism put in place that will take care of country. The problems of forest man- nificantly enhance it. that, and I commend the chairman for agement affect not just western States, Mr. RAHALL. I yield 2 minutes to his sponsorship of that. but those along the eastern seaboard as someone who knows well the problems With that, Mr. Chairman, I yield well. Virginia is one such example. this legislation seeks to address, the back the balance of my time. Last year, Virginia had more acres gentleman from New Mexico (Mr. HEIN- Mr. RAHALL. I yield myself such burn than any year since 1963, which RICH). time as I may consume. shows how the problem of forest man- Mr. HEINRICH. Thank you, Mr. I certainly understand what the gen- agement has progressively worsened. Chairman. tleman from Washington is ref- This version of the FLAME Act is an I rise in support of the FLAME Act, erencing. I said last year during debate improvement from the one passed by an absolutely critical strategy for on this floor to the gentleman from the House in the last Congress. How- fighting the catastrophic forest fires Virginia (Mr. GOODLATTE) that I cer- ever, the bill does not do enough to ad- that face communities across the west- tainly understand the need to develop dress the problem causing the increas- ern United States, particularly in com- comprehensive preventive legislation ing costs of fighting fires—that is, the munities in New Mexico that I have that is aimed at truly getting at the unhealthy conditions of our forests. seen impacted directly by these fires in root causes of these forest fires. I My amendment to the FLAME Act, recent years. would repeat to the gentleman from which I will offer tomorrow, will pro- In New Mexico’s First Congressional Washington, my respected ranking vide the Forest Service with an addi- District, both the Sandia and member, that if he introduces such leg- tional tool to address these problems Mountainair Ranger Districts of the islation—any member introduces such that will ultimately be a cost-saving Cibola National Forest tower over the legislation—we will certainly bring it measure. valley where most of my residents live. forth before our committee and give it My amendment creates a new con- Both are afflicted with severe drought due consideration and certainly try to tracting tool for the Forest Service to conditions that have contributed to a work on it as well as we have on this partner with States. This will give the dangerous tinderbox effect in these for- legislation to bring it to the floor of Forest Service permanent authority to ests. As a result of climate change, the the House. contract with States to reduce wildfire Mountainair Ranger District has gone Mr. Chairman, I’m going to recap risks across boundary lines. into fire restrictions earlier than ever very quickly since we are closing gen- This practice is commonly known as before. eral debate at this point. For much of ‘‘good neighbor authority’’ and has Still, much of the funding to fight the last decade, the wildlands fire sea- been tested in States like Colorado and these fires has been reappropriated on son has been expanding due to factors Utah, where it has proven to be effec- an ad hoc basis from Federal land agen- such as climate change and drought. tive. cy budgets. For those agencies, that Unfortunately, future trends appear to Currently, H.R. 1404 contains no such has often meant cutting funding for indicate that this increase will only tool for the Forest Service. The signifi- employees, for scientific research, and continue. cance of this measure is that it will en- education—the very kinds of things Within the Forest Service, wildlands courage both Federal and State agen- that help prevent forest fires in the fire activity now accounts for nearly cies to work together to address first place. half of their budget. The Forest Service unhealthy conditions in Federal for- The FLAME Act will create a critical spent over $1 billion fighting wildland ests. Federal fund specifically to fight cata- fires last year. The skyrocketing cost Fires know no boundaries. They can strophic wildfires, keep our commu- of fighting fires has led to the Forest start on Federal land and easily spread nities safe, and ensure the safety of our Service and the Department of the In- to State and private forest land and firefighters who risk their lives to pro- terior to rob Peter to pay Paul and bor- vice versa. My amendment provides a tect us every fire season. row funds from other agency accounts. more comprehensive approach to pre- I would urge all my colleagues to venting dangerous fires and fighting support this legislation. b 1600 them when they happen. Mr. HASTINGS of Washington. Mr. There were cuts to fire preparedness, I’m pleased that my amendment has Chairman, I yield myself the balance of State fire assistance, cooperative fire the support of the Society of American my time. assistance, and hazardous fuel treat- Foresters, the Western Council of State As I stated in my opening remarks, ments in Forest Service budgets. Foresters, the Forest Foundation, and this is a good bill and I commend the The FLAME Act will allow the For- other forestry groups. chairman for introducing it. This bill est Service and the Department of the I have also spoken with the Forest passed on the suspension calendar in Interior to respond to dangerous fires Service and they have told me they the last Congress. Nobody even asked while also accomplishing other impor- have no objections to this amendment. for a recorded vote. So it has broad bi- tant parts of their mission. The act I might also add that we have cleared partisan support, yet the underlying will relieve the drain on the Forest this amendment in the Ag Committee, issue is—and it’s something this Con- Service and the Department of the In- which shares jurisdiction with the Re- gress should take up in the future—and terior budgets to ensure that funding is sources Committee for forestry issues, that is to try to go to the core of pre- not swept away from vital fire preven- and they also have no objection to this venting forest fires, and that is proper tion activities. I conclude by urging amendment. maintenance. adoption of the pending measure. This is something that the profes- There is one amendment that ad- Mr. HERGER. Mr. Chair. I rise today in op- sionals who fight forest fires around dresses that tomorrow. I think that position to the rule for H.R. 1404, the Federal our country—the professional fight- amendment offered by Mr. GOODLATTE Land Assistance, Enhancement, and Manage- ers—and the societies that are com- will make this bill that much better. I ment Act of 2009.

VerDate Mar 15 2010 12:18 Aug 01, 2011 Jkt 079102 PO 00000 Frm 00165 Fmt 0688 Sfmt 9920 E:\BR09\H25MR9.007 H25MR9 erowe on DSK5CLS3C1PROD with BOUND RECORD 8748 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 7 March 25, 2009 While this legislation is important to address $10,000,000 and requires the Secretaries to The CHAIR. All time for general de- the very serious issue of funding shortfalls notify Congress whenever the FLAME Fund bate has expired. faced by the Federal wildland firefighting drops to a level estimated to cover just two Mr. RAHALL. Mr. Chairman, I move agencies each year, I believe that it does not months worth of expenditures. that the Committee do now rise. do enough to address the cause of these The FLAME Act establishes a wildfire grant The motion was agreed to. soaring wildfire suppression costs. program within each department that will as- Accordingly, the Committee rose; We need to drastically increase manage- sist communities in preparing for wildfires. and the Speaker pro tempore (Mr. ment on our Federal forests to reduce these Grants will go towards purchasing firefighting DRIEHAUS) having assumed the chair, fuels and the risk of catastrophic wildfire in the equipment and training programs for local fire- Mr. LUJA´ N, Chair of the Committee of first place. fighters. The money will also be used for edu- the Whole House on the State of the For this reason, I introduced an amendment cation and public awareness of wildfires and Union, reported that that Committee, to make some of these funds available for to development community wildfire protection having had under consideration the bill hazardous fuel reduction projects. plans. (H.R. 1404) to authorize a supplemental While unfortunately it was not made in This bill is necessary so that agencies no funding source for catastrophic emer- order, I am pleased to see that we will be al- longer have to move funding around to make gency wildland fire suppression activi- lowed the opportunity to debate Mr. GOOD- up for the increased costs of wildfire suppres- ties on Department of the Interior and LATTE’s amendment to expand the ‘‘Good sion programs. The fund will provide a safety National Forest System lands, to re- Neighbor’’ authority to assist in getting some net in the event of catastrophic fires, such as quire the Secretary of the Interior and work done on the ground. those that occurred in California last year. It the Secretary of Agriculture to develop I urge my colleagues to support this amend- will also ensure that the Federal Government a cohesive wildland fire management ment and others that bring additional focus to has an effective and comprehensive plan for strategy, and for other purposes, had the real root of the problem. wildland fire management. come to no resolution thereon. Ms. ESHOO. Mr. Chair, I rise today to ex- I’m proud to support this bill and I urge my f press my strong support for H.R. 1404, the colleagues to support this important legisla- ANNOUNCEMENT BY THE SPEAKER Federal Land Assistance, Management and tion. PRO TEMPORE Enhancement (FLAME) Act and I salute Chair- Mr. GRIJALVA. Mr. Chair, I rise in opposi- man RAHALL for bringing this important bill to tion to the Goodlatte Amendment and I urge The SPEAKER pro tempore. Pursu- the floor today. my colleagues to join me in opposing this ant to clause 8 of rule XX, the Chair Last year a series of wildfires devastated harmful amendment. will postpone further proceedings counties across California, including Santa While I strongly support the FLAME Act, I today on motions to suspend the rules Cruz County in my Congressional District. The am opposed to this amendment because it on which a recorded vote or the yeas fires burned 1.4 billion acres of land across would undermine current protections for forest and nays are ordered, or on which the the State and cost over $1 billion to contain. workers as well as preventing proper environ- vote incurs objection under clause 6 of Experts expect a similarly difficult fire season mental review of projects. It would do this by rule XX. in California this year. Over the past decade dramatically expanding existing good neighbor Record votes on postponed questions wildland fires have increased in size and authority that only applies to certain projects will be taken tomorrow. quantity, and projections indicate that this on National Forests in Colorado and Utah right f trend will continue due to climate change, now. STANLEY J. ROSZKOWSKI UNITED drought, and other factors. Specifically, this amendment would waive STATES COURTHOUSE The skyrocketing costs of fighting wildland provisions of the National Forest Management Mr. COSTELLO. Mr. Speaker, I move fires have forced the Forest Service and De- Act protecting taxpayer interests. It would give to suspend the rules and pass the Sen- partment of Interior to ‘‘borrow’’ funds from discretion over projects on National Forests to ate bill (S. 520) to designate the United non-fire programs, distracting these agencies state foresters, eliminating federal oversight States courthouse under construction from their core missions. Wildland fire activi- and accountability, and it would limit the at 327 South Church Street, Rockford, ties now account for 48 percent of the Forest public’s knowledge of when timber is sold. Service budget and more than 10 percent of I am also concerned that the amendment, if Illinois, as the ‘‘Stanley J. Roszkowski the Interior Department budget. successful, would put into question federal United States Courthouse’’. The Clerk read the title of the Senate This bill will create the FLAME Fund to help labor standards and current wage protections bill. cover the costs of fighting fires after the for forest workers. The text of the Senate bill is as fol- money appropriated by the federal govern- My subcommittee held a hearing last year lows: ment runs out. Agencies may use this fund which shined a light on how pineros, literally only if the Secretary of Interior or the Sec- men of the pines, were not being adequately S. 520 retary of Agriculture deems the fire large compensated or paid for their work under ex- Be it enacted by the Senate and House of Rep- enough or dangerous enough to warrant using isting law. Delegating this to the state or some resentatives of the United States of America in Congress assembled, the fund. subcontractor or the state without assurances SECTION 1. STANLEY J. ROSZKOWSKI UNITED The FLAME Act requires the Secretaries of for workers is foolish. STATES COURTHOUSE. Interior and Agriculture to submit a report to Directly to this issue, the GAO released a (a) DESIGNATION.—The United States court- Congress containing a comprehensive report yesterday recommending caution on al- house under construction, as of the date of wildland fire management strategy. The Gov- lowing broader authority until the federal gov- enactment of this Act, at 327 South Church ernment Accountability Office (GAO) found ernment could ensure greater ‘‘transparency, Street, Rockford, Illinois, shall be known that the federal land management agencies competition, and oversight.’’ and designated as the ‘‘Stanley J. lack such a plan and the USDA Inspector I agree with the GAO and believe that this Roszkowski United States Courthouse’’. (b) REFERENCES.—Any reference in a law, General found that the Forest Service lacks amendment is just too broad and would waive map, regulation, document, paper, or other any system to ensure that the highest priority too many existing laws that protect workers record of the United States to the United fuel reduction projects are being funded first. and the environment. States courthouse referred to in subsection This report by the Secretaries of Interior and In sum, I want to voice my strong support (a) shall be deemed to be a reference to the Agriculture will address the recommendations for the FLAME Act, which will enable our pub- ‘‘Stanley J. Roszkowski United States made by both GAO and the USDA Inspector lic lands agencies to finally get ahead of the Courthouse’’. General. vicious cycle of budget-consuming cata- The SPEAKER pro tempore. Pursu- To ensure that the money is going to where strophic fires, and begin the process of work- ant to the rule, the gentleman from Il- it is most needed, the bill requires that yearly ing to protect communities and restore the na- linois (Mr. COSTELLO) and the gen- reports be made available to the public on the tion’s lands. I urge opposition to this amend- tleman from Kentucky (Mr. GUTHRIE) use of the FLAME Fund. It also requires the ment and support for the underlying bill. each will control 20 minutes. Secretaries to conduct a review of wildland fire Mr. RAHALL. I yield back the bal- The Chair recognizes the gentleman incidents that result in expenses greater than ance of my time. from Illinois.

VerDate Mar 15 2010 12:18 Aug 01, 2011 Jkt 079102 PO 00000 Frm 00166 Fmt 0688 Sfmt 0634 E:\BR09\H25MR9.007 H25MR9 erowe on DSK5CLS3C1PROD with BOUND RECORD March 25, 2009 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 7 8749 GENERAL LEAVE linois in 1949, and a law degree from a nose gunner on a B–26 bomber, flying over Mr. COSTELLO. Mr. Speaker, I ask the University of Illinois College of 35 missions in Italy and Germany between unanimous consent that all Members Law in 1954. In 1955, he moved to Rock- 1943 and 1945. Service in the Army Air Corps may have 5 legislative days within ford, Illinois, and began his practice of was an extremely hazardous occupation, with which to revise and extend their re- law, until his appointment in 1977 by one of the highest casualty rates out of all the marks and include therein extraneous President Carter to the U.S. District branches of the service. materials on S. 520. Court, Northern District of Illinois. In Many Allied bombers were blown out of the The SPEAKER pro tempore. Is there 1991, Judge Roszkowski assumed senior sky by German fighters or by flak. For those objection to the request of the gen- status on the Federal bench, and served who survived being shot down, a dismal stay tleman from Illinois? in that capacity until his retirement in at a German Prisoner of War (POW) camp There was no objection. 1998. awaited them where many did not live to see Mr. COSTELLO. I yield myself such Among his many accomplishments, the end of the war. The fact that Staff Ser- time as I may consume. Judge Roszkowski was a member of the geant Stanley Roszkowski survived the Mr. Speaker, I rise today in support Illinois, Florida, and American Bar As- daunting odds of completing 35 separate mis- of S. 520, legislation introduced by the sociations, and served on the board of sions is a reflection of his skill and courage senior Senator from Illinois, Senator directors of the Federal Judges Asso- and those of his fellow crewmembers. DICK DURBIN, to name the United ciation. He also lectured extensively at After the war, Stanley Roszkowski earned States district courthouse in Rockford, seminars for various bar associations his Bachelor’s degree from the University of Il- Illinois, after Stanley J. Roszkowski. in U.S. courts, and participated in linois in 1949 and subsequently earned his Judge Roszkowski has ably served our countless workshops and mediation law degree from the College of Law at the country in times of war and peace, and courses sponsored by the Federal Judi- University of Illinois in 1954. He paid for I am pleased to be here today to speak cial Center. school by working as an appliance salesman on behalf of this bill. Early in his career, he was elected a and is where he met his lovely wife, Cath- Stanley J. Roszkowski was raised in fellow with the American College of erine. the village of Royalton, Illinois, which Trial Lawyers, and served as the chair- is located in Franklin County in south- man and member of the Rockford Fire Stanley Roszkowski decided to locate his ern Illinois. One of 15 children, he vol- and Police Commission. new law practice in Rockford, Illinois and be- unteered for the Army Air Corps dur- Naming this new courthouse in Rock- come active in the local community. He was ing World War II, and served as a nose ford, Illinois seems appropriate in rec- the founder and eventually became Chairman gunner on a B–26 bomber, flying over 35 ognition of Judge Roszkowski’s dedica- of the Board of the First State Bank and Trust missions in Italy and Germany. tion to public service and the legal pro- of Rockford. After the war, he went on to earn his fession. I have no objections to the pas- He also was a member and Chairman of the bachelor’s degree from the University sage of this bill, and support its adop- Rockford Fire and Police Commission. Judge of Illinois and then his law degree, tion. Roszkowski was also honored with the Gen- working as an appliance salesman to Mr. OBERSTAR. Mr. Speaker, I rise in eral Pulaski Heritage Award for Outstanding pay for his college tuition. He moved to strong support of S. 520, a bill to designate Service to the Polish-American Community in Rockford, Illinois, opened a successful the United States Courthouse under construc- 1982. law practice, and became involved in tion at 327 South Church Street in Rockford, In 1977, President Jimmy Carter appointed his community. Illinois, as the Stanley J. Roszkowski United and the U.S. Senate confirmed Stanley He gave up his practice of law when States Courthouse. Roszkowski to the federal bench where he President Carter appointed him to the Stanley Roszkowski was born on January served for the next 20 years as a Federal bench in 1977, where he served for the 22, 1923, and was raised in Royalton, Illinois. Judge in the Northern District of Illinois. After next 20 years as a Federal judge in the He was one of 15 children. He served a deco- his retirement from the bench in 1997, Judge Northern District of Illinois. Judge rated tour in World War II as a nose gunner Roszkowski now serves as a mediator/arbi- Roszkowski took senior status in 1991, on a B26 bomber. After his discharge from the trator for the Judicial Arbitration and Mediation and was known for running a business- United States Air Force, he enrolled at the Services (JAMS). The aim of JAMS is to re- like but relaxed courtroom. He was University of Illinois where he received his solve some of the nations largest and most praised by his peers for being ex- B.S. in 1949, and his J.D. in 1954. He then complex and contentious disputes. Given the tremely knowledgeable, competent, opened up a successful law practice in Rock- depth of experience, knowledge, and profes- fair, and objective, and a gentleman at ford. sionalism of Judge Roszkowski, JAMS is well all times. Stanley Roszkowski was appointed judge served to have him as a resource to help with Through his long service to our coun- for the United States District Court for the alternative dispute resolutions. try, in the military and on the Federal Northern District of Illinois on October 11, Mr. Speaker, it is appropriate to name the bench, Judge Roszkowski has given a 1977. He took senior status on January 9, new federal courthouse in Rockford after great deal to all of us, and naming this 1991, and retired in January of 1998 after Judge Roszkowski because of his role in the courthouse in his honor is a fitting serving for more than 20 years. community and his driving force in making this tribute to his career. Judge Roszkowski was instrumental in hav- project a reality today. I urge my colleagues to Mr. Speaker, I urge my colleagues to ing the courthouse constructed in Rockford, Il- support S. 520. support S. 520. linois, and this designation is a tribute to his Mr. GUTHRIE. Mr. Speaker, I yield I reserve the balance of my time. years of service to the court and community. back the balance of my time. Mr. GUTHRIE. Mr. Speaker, I yield I urge my colleagues to join me in sup- Mr. COSTELLO. Mr. Speaker, I urge myself such time as I may consume. porting S. 520. passage of this legislation. I yield back This bill names the United States Mr. MANZULLO. Mr. Speaker, I am pleased the balance of my time. courthouse currently under construc- to rise in support of S. 520, which would name tion in Rockford, Illinois as the Stan- the new federal courthouse currently under The SPEAKER pro tempore. The ley J. Roszkowski United States Court- construction in Rockford, Illinois after Stanley question is on the motion offered by house. J. Roszkowski, former Federal Judge in the the gentleman from Illinois (Mr. COS- Judge Roszkowski was raised in Roy- Northern District of Illinois. Judge Roszkowski TELLO) that the House suspend the alton, Illinois, and during World War II played an integral role in bringing a new fed- rules and pass the Senate bill, S. 520. he volunteered for the Army Air Corps eral courthouse to Rockford. The question was taken; and (two- and served as a nose gunner on a B–26 Stanley Roszkowski was raised in Royalton, thirds being in the affirmative) the bomber, flying more than 35 missions Illinois, one of 15 children. As a testimony to rules were suspended and the Senate in Italy and Germany. his courage and love of country, he volun- bill was passed. After the war, he earned his bach- teered during World War II to serve in the U.S. A motion to reconsider was laid on elor’s degree from the University of Il- Army Air Corps and was assigned the role of the table.

VerDate Mar 15 2010 12:18 Aug 01, 2011 Jkt 079102 PO 00000 Frm 00167 Fmt 0688 Sfmt 0634 E:\BR09\H25MR9.007 H25MR9 erowe on DSK5CLS3C1PROD with BOUND RECORD 8750 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 7 March 25, 2009 CREDITWORTHINESS OF THE cious cartel army and put them out of recognize the courageous that are UNITED STATES the business. among us, those who are bold and (Mr. KIRK asked and was given per- And that’s just the way it is. strong. mission to address the House for 1 f b 1615 minute and to revise and extend his re- Let me explain, Mr. Speaker. This marks.) HARD WORK, SOUND INVESTMENT, Monday, the gentlelady from Florida Mr. KIRK. Mr. Speaker, this morning LOWER TAXES, AND LESS DEBT (Ms. WASSERMAN SCHULTZ) shared with the British Government failed to auc- (Mr. CASSIDY asked and was given us a deeply moving story about the tion its debt. This news lowered de- permission to address the House for 1 personal battle that she has had with mand for U.S. debt at the auction we minute.) breast cancer. It is a situation that held this afternoon. In short, no one Mr. CASSIDY. Mr. Speaker, in times many of our mothers, wives and daugh- would lend the British Government of hardship, leaders must inspire hope; ters have also struggled with. About 1 money, and now they are increasingly and, to his credit, President Obama in- year ago, Ms. WASSERMAN SCHULTZ was reluctant to lend to Uncle Sam. When spires hope. But without planning, rea- diagnosed with breast cancer. And news of this development hit the mar- son, and a sense of what works, in- after medical treatment and, in the kets this afternoon, Wall Street fell by spired hope can be a hoax. History in end, surgery, the cancer was removed over 200 points. economics demonstrates that the path from her body and she is now cancer But this news is more important than to prosperity is hard work, sound in- free. just market movements today. After vestment, lower taxes, and less debt. What makes Representative approving the stimulus and the omni- Whether in a family business or gov- WASSERMAN SCHULTZ so remarkable is bus, we now know the Treasury Depart- ernment, debt imprisons. the way she responded to this difficult ment’s Bureau of the Public Debt must In the short term, debt can elevate situation. Rather than become discour- auction $150 billion of U.S. Treasuries a the standard of living; but if income aged by her circumstances, she decided week. grows slower than debt, debt destroys she was going to help other women who Like canaries falling over in a mine, that standard of living. And my fear is might also be battling breast cancer the markets are now telling us that that the trillions in debt that the and other forms of cancer that really they are increasingly unwilling to lend President is creating will swallow eco- affect America’s women. us money. China is reluctant to lend, nomic growth and destroy that stand- So, this week she is introducing leg- as are others. ard of living. Our economic future will islation meant to empower women to Mr. Speaker, we are entering into a be pawned, our future in debtor’s pris- know how to deal with breast cancer very dangerous time in which the cred- on. and teach women and doctors alike itworthiness of the United States, the The President is ambitious and impa- about the risk factors and the warning legacy of President George Washington tient, but I ask that his ambition not signs. I was pleased to become one of and his successors, is being called into deafen him to the lessons of history the first cosponsors of this legislation doubt. Will the President listen? and economics. I ask him to inspire to make America’s women healthier. f hope not just for the present, but also Mr. Speaker, I don’t know how many for the future. BORDER WAR WITH CARTELS people who would have the courage to (Mr. POE of Texas asked and was f use their own personal story to help given permission to address the House SPECIAL ORDERS change the lives of others. But as the for 1 minute.) father of three daughters and the Mr. POE of Texas. Mr. Speaker, I The SPEAKER pro tempore. Under grandfather of four girls, it doesn’t sur- bring you news from the border war the Speaker’s announced policy of Jan- prise me that it is a woman who is set- with the cartels. Our Homeland Secu- uary 6, 2009, and under a previous order ting the example for the rest of us. rity Director has recently announced of the House, the following Members Representative WASSERMAN SCHULTZ is the effort to beef up the ports of entry will be recognized for 5 minutes each. a model of courage and conviction. I’m on our southern border by using the f proud to serve along with her in the Federal agencies of the ATF, the DEA, people’s House. and more Border Patrol, mainly at the A TRIBUTE TO REPRESENTATIVE My grandmother used to tell me that ports of entry. WASSERMAN SCHULTZ—TENA- nothing is more powerful than a I am encouraged that we have finally CIOUS COURAGE woman that has made up her mind. recognized that we have a problem on The SPEAKER pro tempore. Under a Grandma was right. And DEBBIE the southern border, but the plan un- previous order of the House, the gen- WASSERMAN SCHULTZ is one of those fortunately omits the obvious: The tleman from Texas (Mr. POE) is recog- women who has faced the enemy of problem is not at the legal ports of nized for 5 minutes. cancer, fought it, defeated it and has entry; the problem is between the legal Mr. POE of Texas. Mr. Speaker, it is made up her mind to help other women ports of entry; and between the legal not every day that Members of this of this Nation do the same. ports of entry we ought to use the Na- Chamber come to the floor and share And that’s just the way it is. tional Guard. The reason being is Mex- personal stories of sacrifice and ulti- f ico is engaged with the battle of the mately triumph. But this week, a col- cartels, and they use the military. league of mine that I deeply admire H.R. 1380, THE JOSH MILLER They have several thousand on their and respect came to this floor and did HEARTS ACT border. Why? The cartels are an army just that, and I think she deserves to The SPEAKER pro tempore. Under a of evildoers. They commit beheadings, be recognized for her tenacious courage previous order of the House, the gentle- murder, corruption, and terror along and even her willingness to be vulner- woman from Ohio (Ms. SUTTON) is rec- the border. It is violent, and it is now able. ognized for 5 minutes. becoming a cross-border problem. We both came into Congress the same Ms. SUTTON. Mr. Speaker, I rise So let’s be serious about the border year, but we come from different parts today to share the story of a boy from war with the cartel. Let’s join Mexico, of the country, we are of different par- my hometown of Barberton, Ohio. To and put our National Guard on the bor- ties, and we don’t always agree on the know Josh Miller was to know a kind- der. The Texas Governor and the Ari- answers for the issues the people of our hearted and generous young man with zona Governor have both asked for the Nation face every day. limitless potential. Josh was a Bar- National Guard. They should know Even so, as we in the people’s House berton High School sophomore with a that they need that help. We need the continue to busily deal with our na- 4.0 grade point average. He was a line- National Guard to squeeze out the vi- tional concerns, we should never fail to backer who dreamed of playing football

VerDate Mar 15 2010 12:18 Aug 01, 2011 Jkt 079102 PO 00000 Frm 00168 Fmt 0688 Sfmt 0634 E:\BR09\H25MR9.007 H25MR9 erowe on DSK5CLS3C1PROD with BOUND RECORD March 25, 2009 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 7 8751 for Ohio State. He was the kind of a for their support on this issue, and I benefit from Dick’s work and leader- kid who could walk into a room and look forward to working with them on ship. light it up. AED awareness. The legacy he left on our State and But one day, without warning, his Losing a young life like Josh’s can this Nation will continue to benefit us dreams were cut short. Josh never bring about a sense of helplessness. But all. showed any signs of heart trouble. But today we have an opportunity to act. I Mr. Speaker, I ask that you and right after the final game of the 2000 urge my colleagues to join me in sup- Members of the U.S. House of Rep- football season, he collapsed after leav- porting this effort to bring AEDs into resentatives join me in honoring Dick ing the field. By the time his heart was every single school across this country Webb and the lasting legacy he shocked with an automated external because AEDs in schools will save achieved with his life. defibrillator, it was too late to save lives. f him. Josh suffered a sudden cardiac ar- f TRIBUTE TO MRS. CHRISTINE rest which, according to the American SARBANES Heart Association, claims the lives of RECOGNIZING CHARLES R. ‘‘DICK’’ The SPEAKER pro tempore. Under a 330,000 Americans every year. WEBB previous order of the House, the gen- Like Josh, the vast majority of these The SPEAKER pro tempore. Under a tleman from Maryland (Mr. CUMMINGS) individuals do not display any prior previous order of the House, the gen- is recognized for 5 minutes. tleman from Kansas (Mr. MORAN) is signs of heart trouble. Yet there is an Mr. CUMMINGS. Mr. Speaker, it is recognized for 5 minutes. easy-to-use, relatively inexpensive with a heavy heart that we in the Mr. MORAN of Kansas. Mr. Speaker, piece of medical equipment that more Maryland delegation join our col- I rise this afternoon in recognition of a than doubles the odds of survival for leagues in paying tribute to the late someone experiencing a sudden cardiac respected business leader in the State Mrs. Christine Sarbanes who passed arrest. An automated external of Kansas who died earlier this week. away this week. She was indeed a ray defibrillator, or AED, is the single Charles R. ‘‘Dick’’ Webb of Pittsburg, of sunshine in the lives of many. She is most effective treatment for starting Kansas, and founder of Watco Compa- already dearly missed. JOHN, her son, the heart after a sudden cardiac arrest. nies passed away on Monday, March 23, our colleague, said to me just a few And because the chances of survival de- at the young age of 70. He was a great days ago that he did not realize that he crease by up to 10 percent for every Kansan and an exemplary American could miss someone so much in such a minute that passes, every second is who will be greatly missed. short period of time. critical. Dick Webb made his mark on the If there was only one word that could Last week, I reintroduced the Josh Kansas business community through be used to describe Christine Sarbanes, Miller HEARTS Act to increase the Watco, a company he founded in 1983 it would be ‘‘enthusiastic.’’ But there availability of AEDs in our commu- along with his wife, Kaye Lynne. are so many other words, ‘‘kind,’’ nities. This bill, H.R. 1380, will estab- Watco was started literally at the ‘‘gentle,’’ and ‘‘concerned.’’ For over 20 lish a grant program to help schools kitchen table. A rail service provider, years, she was an outstanding educator across the country purchase these life- the Webbs’ startup would evolve into a and showed a genuine interest in her saving devices. titan of Midwestern business. Watco students. She encouraged them to set Schools are central gathering places Companies now supports 2,000 employ- positive goals for themselves and en- in our communities. Placing AEDs in ees in over 26 States. couraged and challenged them to do our schools will not only save the lives This expansive network of Watco em- their best. of the students enrolled there, but they ployees and products has benefited mil- In fact, she was instrumental in help- will be available for teachers and staff, lions of Americans through efficient ing students develop an appreciation parents and volunteers and the many commodity shipping and gainful em- for Latin, which had proved quite use- other members of the community who ployment. Watco railroad tracks con- ful for those seeking admission to col- pass through their halls every single tinue to move the products that move lege. With her dedication to teaching day. America. Food and fuel find their way also came a love of community in- This legislation is modeled on a simi- across our Nation’s heartland thanks volvement with books. Mrs. Sarbanes lar program for the State of Ohio. Dr. to the foresight of Dick Webb. His en- often talked about her love of the Terry Gordon, a cardiologist at Akron durance in times of uncertainty in his Enoch Pratt Free Library and of librar- General Hospital, has dedicated his life industry allowed Watco to emerge as a ies in general. She would often say that to this campaign. His tireless efforts in leader in rail service and technology. the library was her place to escape Ohio led to the adoption of a statewide Entrepreneurship is highly valued in when she was a child to be able to basi- initiative to put an AED into every our society, and Dick epitomized that cally move all around the world by sit- school in our State. quality. ting in one room. Christine Sarbanes was able to com- I hope we in Congress can build on With the success Watco experienced, bine both passions as a board member Dr. Gordon’s good work and carry out it would have been easy to relocate the of the Enoch Pratt Free Library which this program at the national level. company’s headquarters to a more is located in Baltimore, in my home Last year, this bill had 100 cosponsors densely populated area. But being a city, and her dedication to the libraries loyal Kansan, Dick remained in Pitts- and passed the House unanimously. To in the community recently led to the all of my colleagues who cosponsored burg to grow his business and his com- opening of the first two libraries in and supported this legislation, thank munity. Whether it was his support for Baltimore in over 30 years. you, and I urge you to cosponsor H.R. his alma mater, Pittsburg State Uni- Mrs. Sarbanes served at one point as 1380. And to all of my colleagues who versity, or his support for other local the vice chairman of our board of the did not cosponsor the bill, I ask for startup businesses, Dick added to the independent library. But the thing that your support in this Congress. overall quality of life for every Pitts- she prized the most was being the head This bill is endorsed by the Red burg resident. of the community outreach committee Cross, the American Heart Association, Dick is survived by his wife, his two of Enoch Pratt. She was one who con- the Heart Rhythm Society, the Sudden children, Susan Lundy and Rick Webb, sistently said that the library was the Cardiac Arrest Association, the Inter- as well as six grandchildren who all great equalizer. As a matter of fact, I national Association of Firefighters, were raised to remain in Pittsburg. But think she met her husband in a library. the American College of Cardiology, knowing of Dick’s devotion to his em- Over and over again, she did every- the National Education Association, ployees, it may well be said that he is thing she could to make sure that Parent Heart Watch, American Federa- survived by his Watco family as well. there was outreach into the commu- tion of Teachers and the National Safe- The employees and their families that nity. She also would say that the li- ty Council. I thank these organizations aided the building of Watco continue to braries in the various communities

VerDate Mar 15 2010 12:18 Aug 01, 2011 Jkt 079102 PO 00000 Frm 00169 Fmt 0688 Sfmt 0634 E:\BR09\H25MR9.007 H25MR9 erowe on DSK5CLS3C1PROD with BOUND RECORD 8752 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 7 March 25, 2009 were the neighborhood community cen- ‘‘The entire time they were con- I’m not an anti-union person, but ters. And she really meant that. stantly badgering us to sign the cards. there ought to be a free choice for peo- The other thing she consistently did I refused to sign the card every time ple to join the union or not to join it, was reach out to those who were com- they asked, and I know that many of and they should not be coerced by Card ing here from foreign countries and my colleagues shared my sentiment. Check. coming in as immigrants. She would But none of that mattered to the UAW, f constantly get the library to take the because the pressure did not let up. HONORING THE LIFE OF materials and put them in various lan- ‘‘In fact, one day, an official ap- CHRISTINE SARBANES guages so that when people came here, proached me again claiming 50 percent they could take full advantage of the of the plant had signed, so now I was The SPEAKER pro tempore. Under a services and those resources that the going to have to sign the card to ‘get previous order of the House, the gen- library had. my information in the system.’ I tleman from Maryland (Mr. VAN HOL- Despite these successes, nothing signed the card because I thought I had LEN) is recognized for 5 minutes. could match the devotion that Chris- to.’’ Mr. VAN HOLLEN. Mr. Speaker, I tine Sarbanes had for her family as a rise today to remember Christine Sar- b 1630 wife, mother and grandmother. She banes and offer my heartfelt condo- was active in the campaigns of her hus- I didn’t learn until later that even lences to former Senator Sarbanes and band, former Senator Paul Sarbanes, then, I should not have been forced to our colleague, JOHN SARBANES, and the and she proudly watched her son and sign the card. entire Sarbanes family. They have lost our colleague, JOHN, become a Member In the end, the UAW did succeed in a cherished loved one, and our State of of the United States House of Rep- organizing our plant, but I thought Maryland has lost a good, kind and resentatives. they succeeded only because of their gracious friend. It is through her family that the leg- confrontational tactics and not be- Christine Sarbanes was a dedicated acy of this kind, intelligent and dig- cause the majority of our workers wife and loving mother who worked nified woman will continue. To every- wanted UAW representation. tirelessly with her husband to serve one in the Sarbanes family, Michael, So immediately, after the union their beloved State of Maryland. She JOHN and Janet and all of the grand- came in, I began a decertification ef- was an educator, improving the lives of children, please know that our prayers fort. The only reason I was able to her students with her incredible enthu- are with you. This world is a better fight back was because other Dana Cor- siasm and her intellect, which she place due to the contributions of Chris- poration employees in Ohio appealed to brought to the classroom every single tine Sarbanes. the National Labor Relations Board day. Christine Sarbanes believed with f after facing aggression from the UAW, every fiber of her body and her being TESTIMONY OF LARRY GETTS, and the NLRB decided that workers that we all have the potential to be EMPLOYEE OF DANA CORPORA- should be allowed to seek decertifica- great, and she channeled her passion TION tion. into a career in education which Of course, the UAW responded to my The SPEAKER pro tempore. Under a touched the lives of thousands of Mary- effort by increasing the pressure, and previous order of the House, the gen- landers. even started visiting me at my home, tleman from Indiana (Mr. BURTON) is I will always remember Christine and my coworkers. Despite their in- recognized for 5 minutes. Sarbanes as a pillar of strength and the Mr. BURTON of Indiana. Mr. Speak- timidation, my coworkers and I voted embodiment of grace. She accompanied er, there was testimony before the Sen- to decertify the UAW 45 days after the her husband and family on countless ate Committee on Health, Education, Card Check drive in a secret ballot. I Labor Day, Memorial Day and Fourth Labor and Pensions just recently by a believe the results of the secret ballot of July parades that she faithfully par- fellow named Larry Getts who is an election showed the true free choice of ticipated in as the spouse of a Member employee of the Dana Corporation in my coworkers regarding UAW rep- of Congress. Charming her way through Indiana. He was very concerned that resentation. We didn’t want the UAW the crowd, stopping to share her spe- the secret ballot on whether or not representation that was foisted on us cial concern with young people in our they were going to join a union was not through Card Check. great State, she had a special eye for being given to them. And I would like At the end of the day, the voice of young people, and young people came to read part of his testimony. the worker needs to be considered. to her and understood that this was a He said, ‘‘Before I begin, I’d like to Union officials say they speak for the special person who cared about them. say that, as many workers have workers, and they say passage of the Whether it was in Baltimore at a bull learned firsthand, I believe Card Check Card Check bill is needed to give work- roast or a crab feast in Crisfield or a organizing drives put the interests of ers a free choice. But the only way to folk festival in Takoma Park, Chris- the union officials ahead of those of the give workers a free choice is the way tine Sarbanes felt at home, and she workers. we vote in this country, and that’s to made all the people she touched feel ‘‘While the bill has been officially give them a secret ballot. If they want special. Her loss is felt not only by her named the Employee Free Choice Act to join the union, they should be able family and friends, but by the thou- by its proponents in organized labor to join the union through a secret bal- sands of lives in Maryland and around and their allies in Congress, my own lot. But if they don’t want to join the the country that she touched and the personal experience shows a more ap- union, they should not be coerced into countless others she inspired. propriate name would be the Worker joining the union by signing a card. Mr. Speaker, please join me in hon- Coercion Act.’’ They should have the right, as every oring the life of Christine Sarbanes. He talks about the union officials American citizen does, to a secret vote Her kindness and legacy of public serv- and how they came to the company to on whether or not they want to be em- ice serves as an example to all of us, try to get them to join the union ployed in a union shop. Now, if they and she will be deeply missed. through what they call Card Check don’t want to do that, they shouldn’t f without a secret ballot. have to vote for it. He said, ‘‘After this first attempt to And that’s exactly what the gen- VETERANS’ HEALTHCARE FACILI- organize our shop failed, the UAW tleman went through and all of his co- TIES/COMMEMORATING EARTH changed tactics and sent in a whole workers. And after they went through HOUR new crew. At that point, it became it and were forced to join the union, The SPEAKER pro tempore. Under a clear to all of us that the UAW was they found out they could have a secret previous order of the House, the gentle- going to do whatever was necessary to ballot, they did a secret ballot, and woman from Illinois (Mrs. BIGGERT) is get the required number of signatures. they threw the union out. recognized for 5 minutes.

VerDate Mar 15 2010 12:18 Aug 01, 2011 Jkt 079102 PO 00000 Frm 00170 Fmt 0688 Sfmt 0634 E:\BR09\H25MR9.007 H25MR9 erowe on DSK5CLS3C1PROD with BOUND RECORD March 25, 2009 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 7 8753 Mrs. BIGGERT. Mr. Speaker, I rise Hawaii as the final stop. In my district, Mr. RUPPERSBERGER. Mr. Speak- today deeply concerned about yester- three municipalities, Aurora, er, I rise today with several of my col- day’s reports regarding nearly 10,000 of Naperville and Homer Glen, and nu- leagues from Maryland to honor Mrs. our Nation’s veterans who may have merous businesses have signed up to Christine Sarbanes, and the impact her been exposed to HIV and other commu- participate. passing will have on the citizens of our nicable diseases at Veteran’s Adminis- We need to start addressing climate great State of Maryland and on our tration hospitals. Like those veterans change now, and Earth Hour is one of country. and their families, I’m shocked and ap- the many steps that we can take to do Mrs. Sarbanes is the wife of Senator palled that this could have happened. just that. That’s why I introduced Paul Sarbanes and the mother of JOHN Our veterans deserve better. House Resolution 268, with my good SARBANES, who is a Member of the A couple of weeks ago I had the privi- friend from Georgia, Mr. BARROW, to House of Representatives. Christine lege of meeting with the new VA Sec- support these goals and ideas of Earth was the quintessential lady, polished, retary, Eric Shinseki, at the North Hour. The resolution will help increase well-educated and warmhearted. Chicago VA Hospital to discuss improv- education, awareness and action on Many times, as lawmakers, our ing care for our veterans. We’ve heard this important environmental issue. spouses chose to sit on the sidelines, a lot about change in the past several I encourage my colleagues to cospon- but Christine was very much involved months. Well, we have the duty to sor House Resolution 268 and join in in her husband’s career. In fact, polit- change our VA health system so re- this inspiring and historical event. ical activism brought Senator Sar- ports of occurrences like we heard ear- I will submit an article entitled, banes and Christine together at Oxford lier this week never happen again. This ‘‘3,000 Vets Face HIV Risk After in England. A champion for women’s means taking a serious look at every Unsterile Procedure,’’ from the Associ- rights, she was trying to get women ac- option to improve our veterans’ care. ated Press, for the RECORD. cepted into his all-male debating soci- One option is right in my backyard. [From the Associated Press, Mar. 24, 2009] ety. It is actually in my good friend from Il- 3,000 VETS FACE HIV RISK AFTER UNSTERILE On the occasions when she would rep- linois, Mrs. HALVORSON’s district. PROCEDURE resent her husband at events, Christine There’s a hospital named Silver Cross A Veterans Affairs hospital here has noti- was very knowledgeable on the issues. that will be moving to a new location fied thousands of patients that their She was a hearty campaigner for her in 2012. The facility that they are leav- colonoscopies were performed with improp- husband, but was even more tenacious ing has an emergency room that was erly sterilized equipment, officials said Mon- when her son, JOHN, campaigned for built in 2006 and a specialty care wing day. this seat in the House of Representa- that is less than 7 years old. The hospital urged about 3,260 patients tives. She shared her love of politics Instead of being opportunistic and who had colonoscopies between May 2004 and and public service with her three chil- March 12 of this year to get tests for HIV, selling the facility to the highest bid- hepatitis and other diseases. dren, and they each have taken her ex- der, the hospital formed a Healthy The VA insisted the risk of infection was ample to serve the greater community. Community Commission, whose focus minimal, saying the tubing that was improp- She was the true matriarch of a great is to give back to the Will County com- erly cleaned didn’t make contact with pa- and distinguished political family. munity. Our veterans are at the top of tients. In addition to finding time to raise their list, and I commend them for It was the second recent announcement of three children and helping her hus- that. errors during colonoscopies at VA facilities. band’s career, she managed a full-time I look forward to working with Sec- ‘‘The very notion that veterans have to contemplate this new reality now before job teaching Latin, Greek, and French retary Shinseki, Congresswoman HAL- them and visit special care clinics to under- at Goucher College and Gilman High VORSON and Members of both sides of go blood testing is stomach-turning,’’ U.S. School, all located in Baltimore, where the aisle to explore this and other op- Rep. Kendrick Meek, D-Fla., said in a letter she taught for more than 20 years. tions to make sure that our veterans Monday to the VA’s inspector general. ‘‘This In fact, one of my staffers, Walter never again have to put up with inad- information is shocking.’’ Gonzalez, had the privilege of studying equate care. Meek urged a door-to-door campaign to under her at Gilman. He described her And with that, Mr. Speaker, this Sat- alert veterans of the error. as firm, but effective. She taught his urday, March 28, 2009, at 8:30 p.m. mil- ‘‘Although there is minimal risk, we feel 11th-grade speech class and advised that even a slight risk is unacceptable to the lions of people around the world will veterans we care for,’’ said Susan Ward, a him on his senior class speech. Laugh- join together to turn off their lights for spokeswoman for the VA in Miami. ing, he recalled yesterday how she 1 hour, Earth Hour, to raise awareness Last month, 6,378 patients at a clinic in coached him day after day. She would about climate change. Communities, Murfreesboro, Tenn., were told they may say, ‘‘Speed up, slow down, enunciate individuals, businesses and organiza- have been exposed to infectious body fluids your words, too loud, emphasize the tions will turn off non-essential light- during colonoscopies. points.’’ He said Christine was a pas- ing and cast a virtual vote for global The VA said 1,800 veterans treated at an sionate teacher who communicated her education, awareness and action on ear, nose and throat clinic in Augusta, Ga., were also alerted they could have been ex- respect for her subjects with grace and this important issue. posed to an infection due to improper dis- humor. Earth Hour began in 2007 in Sydney, infection of an instrument, though officials A lifelong lover of libraries and art, Australia where more than 2.2 million said the risk was ‘‘extremely small.’’ Christine also found time to serve on people turned off their lights. Last The VA hasn’t said whether it expects several cultural boards and talked the year, World Wildlife Fund took Earth more facilities to announce similar prob- Walters Art Gallery into eliminating Hour global and more than 50 million lems. though Meek cautioned the number of their admission fees. She wanted all people in more than 400 cities, on all affected people ‘‘could quickly expand to in- people, and especially children, to have seven continents participated, dark- clude a much larger pool of people.’’ the ability to experience culture. But ‘‘That, somehow, these standard protocols ening some of the world’s most famous were not followed will undoubtedly leave our she also wanted them to have basic skylines and icons, including the Em- veterans with serious misgivings about our survival needs. She did this through pire State Building, the Golden Gate VA system,’’ he said. tireless work with the United Nations Bridge, the Coliseum in Rome, and the f children’s fund. Sears Tower in Chicago. Even Google’s Christine enjoyed high regard from home page went dark for that day. HONORING THE LIFE OF important people. But I will always re- This year, more than 1,700 cities in CHRISTINE SARBANES member how she treated everyday peo- some 80 countries already have signed The SPEAKER pro tempore. Under a ple who crossed her path with dignity up to participate, with more joining previous order of the House, the gen- and respect. each day. The event itself will begin in tleman from Maryland (Mr. RUPPERS- Maryland has lost a truly admired Fiji, cascading across the world with BERGER) is recognized for 5 minutes. political presence. And on behalf of the

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residents of Maryland’s Second District with the rest of the world. So while our league, Congressman JOHN SARBANES, and the State of Maryland, I would like government punishes American compa- and to the entire Sarbanes family. to express my sympathies to the Sar- nies who actually make things with f banes family and thank them for shar- high taxes, burdensome regulations, HONORING THE LIFE OF ing a talented and giving woman with petty environmental restrictions and CHRISTINE SARBANES our State and our country. unfair trade laws, foreign countries are f getting American tax dollars to invest The SPEAKER pro tempore. Under a in their business infrastructure so they previous order of the House, the gen- TARP FUNDS ABROAD can take away more American jobs tleman from Maryland (Mr. BARTLETT) The SPEAKER pro tempore. Under a during an American recession. is recognized for 5 minutes. previous order of the House, the gen- We allowed Bank of America to give Mr. BARTLETT. Mr. Speaker, I am tleman from California (Mr. HUNTER) is $7 billion in taxpayer money to China, going to speak from this side of the recognized for 5 minutes. $7 billion in Americans’ money to com- aisle because it is where Paul Sarbanes Mr. HUNTER. Mr. Speaker, recently munist China, so they can build up would have stood. released documents from AIG accounts their military and steal American jobs. When I came here almost 17 years for some of the more than $180 billion That’s criminal. ago, I would see Senator Sarbanes at in aid that AIG has received. And it’s The AIG bonus scandal is a big deal. social functions with this very attrac- revealed that over $58 billion of that The Treasury losing track of where the tive brunette on his arm, and I said to $180 billion has gone to foreign banks bailout money is going is appalling. myself: Paul married well, didn’t he? around the world. And $58 billion have But it’s too late to just ask where the Then Christine came to my office as an gone to French banks, German banks. money’s going or to try to get back the advocate for schools and teachers, and French and German banks, respec- taxpayer-subsidized bonuses, although I was wowed. When she left, I said to tively, pulled in $19 billion and $17 bil- those are good starts. myself: Paul not only married well, he lion of American taxpayer money. married up. Then, one day, my wife, I understand the outrage over bo- b 1645 when I came home, told me that at a nuses, $166 million in bonuses, but What we need to do now is stop spouse’s event that day she had talked that’s a pittance compared to the $58 spending. Just stop. No more TARP. No to Christine and that Christine told her billion that have gone to overseas more stimulus. No cap-and-trade en- that they had decided to retire be- banks. Societe Generale, based in ergy tax on small businesses, and sure- cause, as she told my wife—and Mr. France, was the top foreign recipient, ly, no more bailing out foreign coun- Speaker, I am going to have a little at $11.9 billion. Deutsche Bank of Ger- tries like China and India while we trouble with this—they wanted to re- many received $11.8 billion of taxpayer spend and tax and borrow our way into tire while they could still both climb money. Barclays, based in England, got oblivion. steps. $8.5 billion. BNB Parabas, based in I respectfully ask the President of I regret very much that Christine France, got $5 billion. the United States to put the checkbook The House Oversight Committee also had far too few years to climb those down. discovered a list of questionable for- steps with Paul. eign investments conducted by the f f largest recipients of TARP funds. HONORING THE LIFE OF HONORING THE LIFE OF Citigroup, JP Morgan and Bank of CHRISTINE SARBANES CHRISTINE SARBANES America each received $25 billion in The SPEAKER pro tempore. Under a The SPEAKER pro tempore. Under a TARP funds on October 26th of last previous order of the House, the gen- year. Citigroup then loaned Dubai $8 previous order of the House, the gentle- billion of American taxpayer money. tleman from Maryland (Mr. KRATOVIL) woman from Maryland (Ms. EDWARDS) JP Morgan invested $1 billion of Amer- is recognized for 5 minutes. is recognized for 5 minutes. ican taxpayer money in India. And Mr. KRATOVIL. Mr. Speaker, I rise Ms. EDWARDS of Maryland. Mr. Bank of America gave communist to honor the life of one of Maryland’s Speaker, I rise today as a Marylander China $7 billion of the American peo- finest public servants, Christine Sar- in honor of another Marylander, Chris- ple’s money. banes—a woman of grace, passion and tine Sarbanes, and in honor of her serv- Now, the American people have the compassion. ice and of her legacy to the State of right to be outraged at the fact that She was a teacher, an activist and a Maryland and to the people of the they are being taxed so that a govern- volunteer who gave selflessly to her Fourth Congressional District, which I ment-owned, failed company like AIG community, to Maryland, to the Na- represent. can give bonuses to the very same ex- tion, and to the greater world commu- I did not know Christine Sarbanes in ecutives who brought about the ruin of nity. Her belief that every individual the way that you know a person. I their company. Mr. Speaker, $166 mil- had the potential to be great fueled her knew her as a public person. I first met lion in bonuses is a lot of money. But passion for teaching, for spreading lit- Christine Sarbanes at an elementary it’s a pittance, again, compared to that eracy worldwide and for providing ac- school at an event, and she didn’t even $58 billion that AIG used to bail out cess to higher learning for each and know I was at the back of the school, the rest of the world. every student who had a desire to but what I observed of Christine Sar- So while hundreds of thousands of learn. banes was her gentleness and tenacity Americans get laid off each month, and Christine Sarbanes was a dedicated and her love of education and her love even people with good credit can’t get mother, a full-time educator and both of children. homes, can’t get home loans, can’t get a political partner and adviser to her I think, in some ways, you know a car loans, our tax dollars are hard at husband, Senator Paul Sarbanes. person sometimes by the people around work making sure foreign countries get For many of us, each job alone would them—by their children, by their helped first. constitute enough to leave a legacy, spouses—and so we know Christine Instead of giving billions of dollars but for Christine, she chose to go above Sarbanes by her husband, our beloved worth of tax breaks and incentives to and beyond as a community servant, as Senator Paul Sarbanes, by her son and American companies who manufacture an active board member for a number our colleague—JOHN SARBANES—and American products and hire American of community and international orga- her other children. We see in them the workers, our government has sided nizations, and as a tireless fundraiser gentleness and the smarts and the te- with foreign countries instead of being for causes near to her heart. nacity and the passion that was Chris- on the side of the American worker. I would like to extend the thoughts tine Sarbanes. So it is with a heavy To compound the problem, the and prayers of my family and constitu- heart that we celebrate Christine Sar- United States has record trade deficits ents to Senator Sarbanes, to my col- banes’ legacy.

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I said to JOHN SARBANES yesterday, sible manner that is expected of a ris- nament. They are the products of thou- as he mentioned that it is difficult to ing global power. sands of hours of practice, conditioning know how much you miss a person For that reason, I introduced H. Con. and study long before the first game. until they are gone, that when one Res. 72 with Congressional China Cau- Thereafter, championships are won by loses a parent—and I know about the cus cochair MADELEINE BORDALLO, urg- the team that establishes the strongest loss of a parent—that the sadness of ing China to avoid necessary esca- bonds of trust and respect among one today becomes a joy of tomorrow when lations that could harm U.S.-China re- another and the ability to overcome you remember a smile, when you re- lations and to condemn their attack on every adversity. Throughout a grueling member something that happened our unarmed U.S. naval ship, but so season of 62 games, the young men and when you were growing up, and it far, the leadership of the House has not women of both teams showed that the touches your heart in a different way. found time to allow that resolution to physical and mental preparation, team- So I wish for former Senator Paul come to the floor. work and, above all, character are re- Sarbanes, for JOHN SARBANES and for Mr. Speaker, it bothers me that warded. the entire Sarbanes family that there today, when China had a proposal for a Archbishop John Carroll High School will be days down the line when they new global currency to replace the dol- offers faith- and values-based edu- will remember Christine Sarbanes with lar, that Secretary of Treasury cation under the leadership of Presi- that joy and with a little bit more Geithner said that he was open to the dent Reverend William E. Grogan and lightness of their hearts than they are proposal and that White House eco- Principal David R. Dickens that con- experiencing today. nomic adviser Austin Goolsbee de- firms the wisdom of the great John f clined to rule it out. Wooden, who remarked, ‘‘I always tried Mr. Speaker, if we don’t know our po- to make clear that basketball is not DOD REPORT ON CHINA’S sitions on these issues, we are inviting the ultimate. It is of small importance MILITARY POWER the Chinese to push us further and fur- in comparison to the total life we live. The SPEAKER pro tempore. Under a ther. The future course in U.S.-China There is only one kind of life that truly previous order of the House, the gen- relations hinges on China’s ability to wins, and that is the one that places tleman from Virginia (Mr. FORBES) is provide the necessary transparency faith in the hands of the Savior. Until recognized for 5 minutes. with regard to its military buildup and that is done, we are on an aimless Mr. FORBES. Mr. Speaker, today, cyber warfare capabilities. Mr. Speak- course that runs in circles and goes no- the Department of Defense released its er, I hope that we will continue to push where.’’ annual report to Congress on China’s for that kind of transparency. Mr. Speaker, the young men and military power. f women we honor today are on the right The report released is an important course. They are on course in a journey HONORING ARCHBISHOP JOHN reminder of why the Congressional to lead, to teach, to solve difficult CARROLL HIGH SCHOOL China Caucus, the Congress and the problems in the arts, sciences, busi- American people should continue to The SPEAKER pro tempore. Under a nesses, and most importantly, to raise monitor not only the expansion of Chi- previous order of the House, the gen- wonderful children who will carry on na’s military power but the way they tleman from Pennsylvania (Mr. SES- the proud traditions of Archbishop exercise judgment in the use of it and TAK) is recognized for 5 minutes. John Carroll High School. other elements of national influence. Mr. SESTAK. Mr. Speaker, I rise To the players of these magnificent China’s continuing buildup of ad- today to honor a remarkable institu- teams and their classmates, this Cham- vanced cruise missiles that can target tion that stands as a center of aca- ber and our Nation wish you Godspeed aircraft carriers and other ships, its demic and spiritual excellence in the on your journey. We are proud to know 260-ship Navy as compared to our 283- Seventh Congressional District of you, and look forward to even greater ship Navy, and its continued arm ship- Pennsylvania. That the motto of this challenges and victories that await ments to unstable countries dem- school is ‘‘Pro Deo et Patria’’ tells us you. onstrates a global focus rather than a much about its tradition and about the f regional one. wisdom of its founders. That the school Regrettably, over the past year, sev- nickname is the Patriots tells us even INTRODUCTION OF RESOLUTION eral incidents have threatened the more about the values and principles of REGARDING PMA GROUP strength of U.S.-Sino relations. In the its students, faculty, administrators, The SPEAKER pro tempore. Under a last year, the FBI has stated that parents, and alumni. However, in the previous order of the House, the gen- China has the most aggressive espio- past year, this school has also estab- tleman from Arizona (Mr. FLAKE) is nage program facing our Nation. U.S. lished a new and unprecedented stand- recognized for 5 minutes. authorities continue to investigate ard for athletic excellence. I am speak- Mr. FLAKE. Mr. Speaker, in just a whether PRC officials copied the con- ing of the community that is Arch- few minutes, I will introduce a privi- tents of a government computer during bishop John Carroll High School of the leged resolution, the purpose of which a trip to China by the Secretary of Philadelphia Catholic League. is to have the House Ethics Committee Commerce, and just this month, Sen- Last weekend, both the boys’ and look into the relationship between the ator NELSON’s office reported three sep- girls’ basketball teams won their re- PMA Group—a lobbying firm that has arate instances of cyber attacks from spective Pennsylvania Intercollegiate been raided by the FBI—earmarks re- China, which follow multiple instances Athletic Association State champion- ceived by the raided firm for their cli- last year. ships. In that remarkable feat, the ents and the source and timing of cam- In addition, a routine Thanksgiving Archbishop Carroll coaches, players, paign contributions made by the raided holiday port call by a U.S. aircraft car- trainers, parents, families, and fans firm to Members of the House. rier, the USS Kitty Hawk, to Hong fulfilled a covenant to one another. Mr. Speaker, this will be the sixth Kong was inexplicably cancelled at the Well before the season began, they resolution that I have introduced on eleventh hour. Most recently, five Chi- pledged that, although other teams the same topic. I want to stress again nese vessels harassed an unarmed U.S. might seem to have more advantage, that this is not a partisan resolution. naval ship. none would ever out-work, out-think, These resolutions have not been intro- Mr. Speaker, this House has refused or out-cheer the Patriots of Archbishop duced at the behest of any Republican to respond to that attack as yet. I am Carroll. or of any Democrat. No Member of troubled at the prospect for mis- The people of the Philadelphia region Congress is mentioned in these resolu- calculation or unnecessary escalation are renowned for their knowledge of tions. No party is mentioned either. of one of these situations if China does sports, and it is well established that This is a problem that this House sim- not act in a transparent and respon- championships are not won in a tour- ply must address.

VerDate Mar 15 2010 12:18 Aug 01, 2011 Jkt 079102 PO 00000 Frm 00173 Fmt 0688 Sfmt 0634 E:\BR09\H25MR9.007 H25MR9 erowe on DSK5CLS3C1PROD with BOUND RECORD 8756 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 7 March 25, 2009 The bottom line, Mr. Speaker, is tion season, and that is a reason we proved even after news of the FBI raid of the that, as long as Members of Congress need to move forward quickly on this. firm’s offices and Justice Department inves- have the ability, which we currently We looked at the 2008 defense bill. tigation into the firm was well known. The PMA group, the firm that again Whereas, the Associated Press reported have, to award no-bid contracts to indi- that ‘‘the FBI says the investigation is con- viduals or organizations—nonprofit or has been raided by the FBI, received tinuing, highlighting the close ties between for profit—then you are going to have more than $300 million in earmarks for special-interest spending provisions known problems, and that is what we are see- its clients. The 2009 defense bill was a as earmarks and the raising of campaign ing with the investigations that are number slightly higher than that or cash.’’ going on with the PMA Group. still totaling that number but looks to Whereas, the persistent media attention The PMA Group is a powerhouse lob- be above $300 million. It is worthy to focused on questions about the nature and bying firm that last year had revenues note that that bill, the 2009 defense bill timing of campaign contributions related to the firm, as well as reports of the Justice De- in excess of $17 million. That firm, as I which we passed last September, was partment conducting research on earmarks have mentioned, has been raided by the not even considered by the full Appro- and campaign contributions, raise concern FBI, and is now in the process of dis- priations Committee in the House. So about the integrity of Congressional pro- banding. By the end of this month, in it wasn’t vetted, there was virtually no ceedings and the dignity of the institution. just a few days, it will be gone, from oversight there, and when the bill came Now, therefore, be it: Resolved, that (a) the $17 million—boom—overnight to noth- to the House, there was no ability for Committee on Standards of Official Conduct, ing because somebody got on to them any Member of this body to challenge or a subcommittee of the committee des- and because they were able to get ear- any of the thousands of earmarks that ignated by the committee and its members appointed by the chairman and ranking marks for their clients who should not were in that bill, a few thousand of member, shall immediately begin an inves- have been awarded in this way. which represented no-bid contracts. tigation into the relationship between the We simply should not have the abil- f source and timing of past campaign con- ity here in Congress to award no-bid tributions to Members of the House related NOTICE OF INTENTION TO OFFER contracts to anyone, let alone those to the raided firm and earmark requests RESOLUTION RAISING A QUES- who turn around and make big con- made by Members of the House on behalf of TION OF THE PRIVILEGES OF tributions back to our congressional clients of the raided firm. THE HOUSE (b) The Committee on Standards of Official campaigns. That is what we are asking Mr. FLAKE. Mr. Speaker, pursuant Conduct shall submit a report of its findings the Ethics Committee to look into. to the House of Representatives within 2 Right now, the Ethics Committee has to clause 2(a)(1) of rule IX, I hereby no- months after the date of adoption of the res- issued guidance, saying that, when you tify the House of my intention to offer olution. want to request an earmark, you have a resolution as a question of the privi- The SPEAKER pro tempore. Under to sign a certification saying that you leges of the House. rule IX, a resolution offered from the have no financial interest in the ear- The form of my resolution is as fol- floor by a Member other than the ma- mark that you are signing—that you lows: jority leader or the minority leader as don’t have a spouse working for the Whereas, The Hill reported that a promi- a question of the privileges of the firm or that money is not somehow nent lobbying firm specializing in obtaining House has immediate precedence only going to come back to you. The Ethics defense earmarks for its clients, the subject at a time designated by the Chair with- Committee has also said that that does of a ‘‘federal investigation into potentially corrupt political contributions,’’ has given in 2 legislative days after the resolu- not include campaign contributions. $3.4 million in political donations to no less tion is properly noticed. b 1700 than 284 members of Congress. Pending that designation, the form of Whereas, multiple press reports have noted the resolution noticed by the gen- Yet we have examples of just thou- questions related to campaign contributions tleman from Arizona will appear in the sands of dollars, hundreds of thousands made by or on behalf of the firm; including RECORD at this point. of dollars coming back to those who questions related to ‘‘straw man’’ contribu- The Chair will not at this point de- have requested these earmarks from tions, the reimbursement of employees for termine whether the resolution con- the firms who got the earmarks, the political giving, pressure on clients to give, a stitutes a question of privilege. That suspicious pattern of giving, and the timing lobbying firms who requested the ear- determination will be made at the time marks for the client and from political of donations relative to legislative activity. Whereas, Roll Call has taken note of the designated for consideration of the res- action committees established by the timing of contributions from employees the olution. lobbying firm. That doesn’t reflect well firm and its clients when it reported that f on the House. they ‘‘have provided thousands of dollars As I said, this is not a Republican worth of campaign contributions to key THE ECONOMY problem or a Democratic problem. This Members in close proximity to legislative ac- The SPEAKER pro tempore. Under a is a problem that all of us have here, tivity, such as the deadline for earmark re- previous order of the House, the gentle- quest letters or passage of a spending bill.’’ and it needs to be addressed by the bi- woman from Ohio (Ms. KAPTUR) is rec- partisan Ethics Committee. That’s the Whereas, CQ Today specifically noted a Member getting ‘‘$25,000 in campaign con- ognized for 5 minutes. purpose of the resolution that I will tribution money from [the founder of the Ms. KAPTUR. Mr. Speaker, I join offer in just a minute firm] and his relatives right after his sub- with the President in expressing hope As I mentioned, this is the sixth one. committee approved its spending bill in that our economy will begin to recover The five prior to this have been tabled. 2005.’’ soon. No one should underestimate the I don’t know what the fate of this one Whereas, the Associated Press noted that pain and worry that the American peo- will be. Perhaps it will be tabled as Members received campaign contributions ple are experiencing during this eco- well. But if it is, we need to come back from employees of the firm ‘‘around the time nomic crisis. they requested’’ earmarks for companies rep- and do the same thing because we can’t resented by the firm. Every weekend when I am back in stop until we address this issue. Whereas, the Associated Press highlighted Ohio’s Ninth Congressional District, I We are going into a season of appro- the ‘‘huge amounts of political donations’’ hear more worried stories from people priations where the Appropriations from the firm and its clients to select mem- about the trouble they are having mak- Committee, in fact, the earmark dead- bers and noted that ‘‘those political dona- ing ends meet and planning for their line, request deadline, is next week. tions have followed a distinct pattern: The futures with confidence. For the sake Are we going to continue to allow giving is especially heavy in March, which is of our country, we simply have to get Members of this body to secure no-bid prime time for submitting written earmark the economy right. requests.’’ contracts for people who turn around Whereas, clients of the firm received at Thus, I am troubled by several as- and give them campaign contributions? least three hundred million dollars worth of pects of the most recent financial sta- That is a question that should be an- earmarks in fiscal year 2009 appropriations bility plan that Treasury Secretary swered before we go into the appropria- legislation, including several that were ap- Geithner unveiled this week. I am most

VerDate Mar 15 2010 12:18 Aug 01, 2011 Jkt 079102 PO 00000 Frm 00174 Fmt 0688 Sfmt 0634 E:\BR09\H25MR9.007 H25MR9 erowe on DSK5CLS3C1PROD with BOUND RECORD March 25, 2009 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 7 8757 concerned by the fact that the Amer- I have said all along that the solu- ate. I was a few months out of George- ican taxpayers once again are shoul- tion to this crisis lies in using the ex- town Law School. And elected at the dering far, far too much of the risk isting full authority of agencies such same time was an extraordinary rep- that was created by unscrupulous trad- as the Federal Deposit Insurance Cor- resentative of our State. He was elect- ers on Wall Street in the biggest mega poration and the Securities and Ex- ed to the House of Delegates. banks and investment houses. And the change Commission. I was outraged by In 1970, he was elected to the Con- plan does not place rigor and market the failure of the Bush administration gress of the United States and served discipline to correct what faces us. to use these existing instruments of in the Congress until 1976. In 1976, the By committing taxpayer dollars to the Federal Government, and I am baf- citizens of our State elected him to the leveraging minimal private investment fled by this administration’s failure to United States Senate. Paul Sarbanes in the private banking system, a pri- do so as yet. I am concerned that the retired 2 years ago as the longest-serv- vate system that is now substantially Geithner plan will actually place at ing member of the United States Sen- owned by the public, the Geithner plan risk the FDIC’s insurance fund. ate in the history of our State. once again places taxpayers on a very Dr. William Black, a law professor at His partner in all of those efforts was large hook. Why should we use tax- the University of Missouri, Kansas an extraordinary woman. Her name payer dollars to eliminate discipline City, who was a key player in resolving was Christine. She was born in Eng- and most risk for private investors to the savings and loan crisis in the 1980s land. She was an extraordinary indi- purchase the bad loans in order to and 1990s has pointed to one expla- vidual. Paul Sarbanes was a great in- clean up the banks’ books? Taxpayers nation: The Bush administration, in its tellect. Christine matched his intel- didn’t create this problem. zealous pursuit of deregulation, ‘‘gut- lect. Paul Sarbanes was a person of ex- In this new deal, private investors ted the FDIC and its sister agencies’ traordinary integrity, and his partner, may put up as little as 3 percent while staffs. The FDIC is trying to staff up, Christine, matched that integrity. government—which means our people— but it has put some absurd limits on Paul Sarbanes was a person of great put up 97 percent of the rest as a loan, hiring the best bank examiners. The depth and great compassion, mirrored and a nonrecourse loan at that, which FDIC shortages are critical in exam- by his wife, Christine. means if something goes sour, they ination, not in the use of receivership.’’ Christine Sarbanes, the mother of pick it all up. And guess who gets the Mr. Black goes on to say: ‘‘We didn’t re- our colleague, JOHN SARBANES, who profits on the upside if there is any? solve the S&L crisis by appointing ‘political represents the district that his father That’s not a good deal. commisars’ to govern failed S&Ls. We hired once represented. Christine Sarbanes This is what should be the focus of competent bankers with records of integrity to passed away this weekend. Christine our concern. According to an Associ- run the receiverships. was a loving friend and partner to her The academic literature concludes that they ated Press investigation reported re- husband for nearly half a century, and did an excellent job. It is bizarre that (Presi- cently, these bailed-out banks sought those of us who were active with her dent) Obama and (Secretary) Geithner are to hire 21,800 foreign workers in the husband in the public sphere and got to channeling President Reagan and claiming the past 6 years. Major U.S. banks sought know her well and got to be her friend government can’t do anything and the market government permission to bring thou- were blessed by that relationship. is all knowing.’’ sands of foreign workers into our coun- We have learned that the market is not all She took the partnership with Paul try for high-paying jobs even as the knowing, especially when it is distorted by very seriously. From the days when she system was melting down last year. greed and avarice and government complicity. and Paul knocked on hundreds of doors So, as Americans were getting laid We have learned the hard way the costs of each afternoon to get him elected to off across our country, according to an ‘‘too big to fail.’’ We have learned not to trust the House of Delegates to the days Associated Press review of visa appli- the right-wing ideologues who peddled a dev- when she acted as Senator Sarbanes’s cations, these mega banks were hiring il’s brew of deregulated and free market fun- most trusted adviser. Like her hus- foreign workers. damentalism. band, Christine possessed, as I have Dr. Peter Morici, an economist at the We have learned a hard lesson about free said, tremendous political savvy, deep University of Maryland, described the market fundamentalism. Just as we have intelligence and a love of learning. Geithner plan as ‘‘structured to create learned a hard lesson about free trade fun- In fact, she once said that she and more risk for the Federal Govern- damentalism. This snake oil was peddled by Paul bought their house because it was ment.’’ Why? Because ‘‘it is going to be the big banks and the big corporations. You within walking distance of a library. the fund manager who raised the pri- can see the effects by walking down the main No one was surprised at that criteria vate money and then borrowed with a street of almost any city or town in any state for purchasing a home. government guarantee who is going to surely in the State of Ohio. Christine passed that love of learning be paid on the number of loans he or We need to learn the lessons of history and to generations of students as a teacher she buys and he or she will have the apply them. We need to use the proper gov- of Latin, Greek, and French. temptation to bid whatever it takes. ernment instrumentalities. The proper use of b 1715 There is going to be real incentive here the market to resolve this economic crisis. Her son reflects that deep intellect as for people to overbid.’’ Otherwise we will make the same mistakes. he serves the constituents of the Third Again, the proposal has no market And again the American people will again be Congressional District of Maryland. discipline. Price setting will be taken left holding the bag of bad debts for genera- As a tireless worker for UNICEF, out of the normal market process. That tions to come, throttling economic growth and Christine served the international is never a good idea. compromising our future. ‘‘As a result,’’ says Dr. Morici, ‘‘the In the end, we must do what is right, community. Among the many other Geithner plan creates the potential for not what might be politically expe- charities she served, Christine took up another bubble. You have created the dient. the fight for children around the world. potential for a synthetic bubble inside So today, Mr. Speaker, we mourn the f the government,’’ inside the public cof- loss of an honored teacher, wise coun- fers, ‘‘which could cost the govern- IN MEMORY OF CHRISTINE selor, passionate advocate, and her ment’’ and, in turn, the American tax- SARBANES family mourns the loss of an irreplace- payers, a whole lot more money down The SPEAKER pro tempore (Mr. able mother and wife. the road. GRIFFITH). Under a previous order of I lost my wife Judy 12 years ago. So Doctor Morici describes the plan as the House, the gentleman from Mary- I know something of the pain that Sen- low risk and high reward for the pri- land (Mr. HOYER) is recognized for 5 ator Sarbanes is experiencing. He’s one vate investor and high-risk and high- minutes. of my closest friends. We’ve been in- reward for everybody else, the tax- Mr. HOYER. Mr. Speaker, in 1966, I volved in politics for over four decades payer. was elected to the Maryland State Sen- together, but I also know that love

VerDate Mar 15 2010 12:18 Aug 01, 2011 Jkt 079102 PO 00000 Frm 00175 Fmt 0688 Sfmt 0634 E:\BR09\H25MR9.007 H25MR9 erowe on DSK5CLS3C1PROD with BOUND RECORD 8758 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 7 March 25, 2009 outlasts grief. As Oscar Wilde said, in the next decade or two, and he did tricity that we can generate at a com- ‘‘Where there is sorrow, there is sacred that by proposing something called a mercially viable price that doesn’t pol- ground.’’ cap-and-trade bill which will essen- lute. Ausra is now manufacturing a As long as her loved ones live—her tially limit the amount of dirty pollu- plant to do that. They’re not the only grandchildren will survive for a long tion industries put in the air and drive one. period of time—their memories of the investment into the new jobs of the fu- The Bright Source company is an- wife, their mother, their grandmother, ture that can really give us the new, other company that uses what’s called will be sacred to them. Something of clean technologies and clean energy concentrated solar energy. They do a her will live on, on the sacred ground that can lead us to this new future. similar technology, and they just of memory, as long as those memories So I come tonight to talk about two signed contracts for I think over 2,000 last. things that are fundamental to our megawatts of concentrated solar en- I know that all the Members of this ability to realize this vision. The first ergy to provide our grid system. House in which Paul Sarbanes and is, I’d like to discuss tonight some of Christine, although not elected, served the companies that are actually real- So here are two companies that are so ably for 6 years, and the colleagues izing this vision. leaders that could potentially create of his in the United States Senate who Now, President Obama wasn’t just massive new job creation, not only giv- grew to know Christine as well as they sort of daydreaming when he said that ing us electricity, but as importantly, knew Paul and respected her and loved this is a vision that we Americans are developing technology that we can sell her as they loved Paul, I know they capable of. Some of the companies I to the rest of the world. share in his grief, in JOHN SARBANES’S will note tonight are on the cusp of I met the environmental minister of grief, in his brother’s grief, and their creating commercially viable tech- India this afternoon, and they are des- grandchildren’s grief. nologies that can create literally mil- perate for clean energy. Now, President So, Mr. Speaker, I know that the lions of new jobs where we can create Obama has a vision that I think can House joins me in expressing our deep high-tech components and energy come to reality. Ausra and Bright regrets and that our prayers and sym- sources and ship them around the Source make this technology. We build pathy are with the Sarbanes family, a world. it here, we design it here, and we sell it family of immigrants, that came to So the first thing I’d like to talk to India, and we sell it to China, and this country and have made it better, about tonight are some of those new we sell these products to Korea. This is like so many others. Paul Sarbanes technologies that we can build in the vision of economic growth that he still lives, still serves. Christine is America. The second thing I’d like to recognizes, and I think the country gone, but her memory is not. We honor talk about is how we can build a cap- will come to recognize is our best way her this evening. and-trade bill that will assuage some of out of the economic morass we’re in. f the concerns. Go to Boston. In Boston is a company Now, President Obama knows that A CLEAN ENERGY FUTURE called A123. A123 has developed a lith- this is not an easy setting. When you ium ion battery that is capable of pro- The SPEAKER pro tempore. Under propose something big, a big idea like ducing a plug-in electric car where we the Speaker’s announced policy of Jan- this, people get nervous. They get con- can run our cars for 40 miles on noth- uary 6, 2009, the gentleman from Wash- cerned. They want to know the details. ing but electricity, home-grown, Amer- ington (Mr. INSLEE) is recognized for 60 And there are concerns tonight about ican electricity. Imagine a future minutes as the designee of the major- the cap-and-trade bill, and I want to where you’re generating electricity ity leader. address some of those about how we’re with solar power, and you’re feeding it Mr. INSLEE. Mr. Speaker, I’ve come going to build jointly a cap-and-trade in at night, you plug your car in at to the House today to talk about a bold bill that will work for all the country home at night, you unplug it, and you vision and an act of leadership by and all segments of the country. So let drive to work. It goes 40 miles, which President Obama that was again noted me, if I can, first talk about why I be- 60 percent of our trips are less than 40 last night by President Obama. lieve President Obama’s vision is based miles a day, on all electricity. You get In his news conference, he again stat- on optimism but also a really sound an infinite miles per gallon of gasoline ed his commitment to lead our country sense of realism. because you don’t use any, at least in to the adoption of a clean energy fu- I want to talk about some of the peo- your first 40 miles. ture by means of a bill called a cap- ple I’ve come to know in America who and-trade bill, which we’re going to are now engaged in building the jobs of Now, A123 battery company is com- talk about this evening, that he be- the future. Go to Nevada, where there’s peting with a loan guarantee, again lieves and I believe and many people a company called Ausra. Two years ago under President Obama’s plan, to start believe will be a wellspring and main- it just had eight people. Now, Ausra the manufacture essentially of this spring of our economic transition to a has several hundred people working for type of component, and this is an ex- clean energy future for this country. them. tremely important realization by our And I was very pleased to hear him What the Ausra concentrated solar new President. He realizes that we’re say that last night, because he has not energy company does, they have fig- going to have electrified cars, and been timid about recognizing the need ured out a way to use long mirrors to we’re going to need advanced batteries for economic growth in our country, concentrate the sun’s energy that to run them, and we want those bat- for job creation growth in our country, heats up a pipe with a liquid in it, some teries made in America. We don’t want for taking on new markets in this type of oil usually, captures the sun’s us to be driving cars with electric bat- country so that we can really rebuild radiant energy, uses that oil to essen- teries made in Korea or China. We the economy of this country. tially heat water and turn a steam tur- want to drive cars with batteries made And I heard him last night yet again bine and generate electricity. And now in the United States, and we want to recognizing that we’re not going to get we have the first manufacturing plant sell those batteries to Chinese car buy- our economy back on our feet unless in the United States to build these sys- ers and Korean car buyers. That’s a vi- we actually take some action. It’s not tem of mirrors that can now be arrayed sion we need to pursue. going to happen just by the tooth fairy. anywhere the sun shines to create en- So we need policies that will drive So last night what he proposed to do ergy and electricity with no carbon di- that investment into the United is for the Congress, in as bipartisan a oxide, no pollution whatsoever of glob- States, to build these new electric bat- way as we possibly can, to adopt a pro- al warming gases while you’re pro- teries here, not Korea, not China. And vision that will drive investment into ducing that electricity. why is that important? Well, it’s im- the new companies that can create mil- Why is this a big deal? It’s a big deal portant because if we don’t do this, lions of jobs in our green-collar future because the world is desperate for elec- we’re going to trade our addiction to

VerDate Mar 15 2010 12:18 Aug 01, 2011 Jkt 079102 PO 00000 Frm 00176 Fmt 0688 Sfmt 0634 E:\BR09\H25MR9.007 H25MR9 erowe on DSK5CLS3C1PROD with BOUND RECORD March 25, 2009 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 7 8759 Saudi Arabian oil, which we’re ad- book on this subject, ‘‘Apollo’s Fire.’’ Madam Speaker. dicted to now, for an addiction to lith- That’s not a shameless plug for roy- Ms. PELOSI. I thank the gentleman ium ion batteries made in Korea or alty’s sake, but it was a good read, be- for yielding. I wish to also acknowledge China. cause you did cite in the book many his leadership and that of Mr. KIND on Now, if we don’t start taking some examples, a lot of the innovation and this important issue—the issue of glob- action here in Congress, that’s the type creativity that’s happening throughout al warming, of clean energy, of how we of fate that our economy would have. the country now in this field. reduce our dependence on foreign oil, Fortunately, we have a President with b 1730 and how we do so as a national security a plan to, in fact, do this domestically. issue, as an economic issue, as an envi- So now I will travel West to Michi- That’s why I’m excited with the cur- ronmental issue, and as a moral issue gan to see General Motors, who is get- rent Obama administration and the ur- to preserve our beautiful planet, which ting ready to build the GM Volt, which gency that they see and the priority is God’s creation. is a plug-in electric car so that our car that they’re making in a new energy I listened attentively to what you manufacturers can start to build this future for our country. had to say and look forward to your Just today, I had the owner of a com- new generation of vehicle, leading the weighing in as we write legislation to pany in Manitowoc, Wisconsin—I rep- third generation to an all-electric vehi- do just that. resent a district in Wisconsin—called cle. I rise to call attention to the serious Orion Energy, which has developed And just to show you that our car challenges facing the people of North what is called the Apollo Light Tube. manufacturers, even if there’s disloca- Dakota—the record crest of the Red It doesn’t use any electricity. It merely tion in the car manufacturing business, River threatening the city of Fargo, harvests the light of the day in order I’ll tell you about another little com- the ice jam causing flooding on the to focus it in the light-up manufac- pany I heard about called Infinia. Missouri River and forcing evacuations turing of floors, churches, schools— Infinia is a company in Tri-Cities, in Bismarck, and flood and other re- zero CO2 emission, obviously—and it’s Washington. It’s in southeast Wash- tapped into the electric grid of that lated impacts in other parts of the ington. building so that if it’s a cloudy day, State. They have developed a concentrated As you know, our colleague, Con- the regular energy source kicks in so solar energy machine. It is called a ARL OMEROY you maintain a constant light ambient gressman E P , has flown sterling engine, a sterling engine. It’s for work conditions or for customers in home already to get back into making very old, but they’re now figuring out a that building. sandbags, as he has done already this way to make it commercially viable. But the payback is roughly 4 or 5 week. North Dakotans are no strangers Essentially, it uses a pressure differen- years on it. And this is the type of to floods, Mr. Speaker. Grand Forks tial created by solar thermal energy thinking that we need to keep spurring was devastated by the Red River flood that drives a piston, and it creates and keep encouraging in the country in 1997, forcing the entire city to re- electricity. And the beauty of the that’s going to help us get out of the build. Infinia product is that people who have energy box that we’re in right now. North Dakotans are no stranger ei- made cars, this is exactly the type of I think you’ve recognized for a long ther to the ideal of neighbors helping technology to now start making ster- time that time is of the essence on it. neighbors. Through the weekend and ling engines because it’s essentially President Obama understands that the early parts of this week, thousands of automobile technology. It involves a recent reduction in energy prices are people—including high school and col- cylinder, a transmission, and people in very temporary in nature and that lege students, National Guardsmen and the auto industry can transition into once a recovery starts taking place women, and our own Congressman this new industry. both at home and abroad, we are in all EARL POMEROY, among many others, So here are five companies I’ve listed likelihood going to see a rapid esca- have stood shoulder-to-shoulder filling that if we adopt the Obama cap-and- lation of energy costs and then every- sandbags to protect Fargo and other trade system and energy plan, we’ve one looking at each other trying to fig- cities from the dangers of rising got a chance to really drive the eco- ure out who to blame that we are back waters. Others have come together to nomic development. in this energy box again. offer shelter to those forced to leave So, I have a few others I thought I So I would hope that, again, with their homes. might share with you, but we’re joined your leadership and like minds in the As of late last night, Fargo residents by RON KIND from Wisconsin. He is the Congress today, working with the cur- and out-of-town volunteers had filled leader of the New Democratic Coalition rent administration, who I think really over 1 million sandbags—over 1 million that’s invested in pushing ideas about does get it, that we have an oppor- sandbags—and they aren’t stopping. I how we really innovate, and I’m glad tunity to lay the foundation for a sus- salute the work of these Americans you’ve joined me. I wonder if you have tainable energy future in our country coming together in common purpose in some comments. in anticipation of this cycle coming this time of need. Mr. KIND. Well, I appreciate my good back again with increased energy While there is and will be a signifi- friend from Washington for yielding a costs. cant Federal role assisting those im- little bit of time, and I want to join I think time is of the essence. We pacted, the work of the community is you in this Special Order a little bit be- have got to work hard to get it right at the first line of defense. Congressman cause there are a lot of exciting things home so we can share this with the rest POMEROY has briefed me about the seri- happening right now in the area of al- of the world. If we’re ever going to ousness of this situation, and I have as- ternative and renewable energy devel- have any chance of averting the global sured him that this Congress will be opment, but especially to commend catastrophe of global warming, a lot of following the situation closely and are you for the leadership that you’ve that leadership and creativity is going prepared to respond as required. given, not only to the Congress but the to have to occur right here first at President Obama has swiftly acted, rest of the Nation, in trying to chal- home, with the right incentives and declaring North Dakota a Federal dis- lenge our vision, where we’re going to with the right blueprint to accomplish aster area. Congress will act with no go as a country, as a people, to put us it. less speed to ensure that the people of on a glide path toward energy inde- I thank my friend from Washington North Dakota have everything they pendence, to break our addiction to State again for his leadership. need as the flood waters recede. foreign energy sources, and to be Mr. INSLEE. I would like to yield to I know that the Governor is working smarter consumers of energy at the a tremendous leader in the clean air with Mr. POMEROY in a bipartisan way end of the day. revolution, our Speaker, NANCY PELOSI, and I look forward to communicating I was one of probably many in this who is truly leading the House in the with the Governor to see how we can be Chamber that read my good friend’s right direction. helpful.

VerDate Mar 15 2010 12:18 Aug 01, 2011 Jkt 079102 PO 00000 Frm 00177 Fmt 0688 Sfmt 0634 E:\BR09\H25MR9.007 H25MR9 erowe on DSK5CLS3C1PROD with BOUND RECORD 8760 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 7 March 25, 2009 The thoughts and prayers of this en- Mr. KIND. If the gentleman would So we need to essentially close the tire Congress and the American people yield on that point. huge loophole in our laws right now are with the people of North Dakota Mr. INSLEE. Yes, sir. and put a cap on the amount of pollu- and we will work with them to ensure Mr. KIND. If there’s anything worse tion that’s going in the atmosphere. that they have all they need in the than having to deal with rising waters, Then we need to charge polluting in- days and weeks ahead. flood waters, it’s having to deal with it dustries for the right to put this into As we extend expressions of sadness in freezing temperatures. That’s ex- the atmosphere because obviously we to the people of North Dakota for what actly what has hit North Dakotans don’t want it to be allowed to go up they are going through, I want to also right now. As a Member who I think there for free because it will be put in associate myself with the remarks ear- has more miles along the Mississippi the air for free. And we can’t do that as lier of our distinguished Democratic River than anyone else in this place, citizens. Leader, Mr. HOYER, in acknowledging we’ve had our fair share of flooding in We can’t go to the garbage dump and the passing of a great lady, Christine the upper Mississippi region. Even take our pickup load of all the junk in Sarbanes. While you could say wife of when the waters recede, it takes weeks our basement that accumulates—I Senator Paul Sarbanes, she is also the and months for the cleanup to occur. don’t know how, but it ends up there. mother of JOHN and her other children, I share in offering our best wishes We can’t go to the garbage dump and of whom she was very proud—JOHN, our and hopes and prayers for those going dump it for free. We’ve got to pay $25, colleague—and other children of whom through this very difficult time and $30. That should be true too, including she was very proud. But she was a star I’m confident that the United States industries who put pollution into the in her own right—in academia as a Congress and the current administra- atmosphere, which has a limited car- teacher, and a great lady, who will be tion will respond with the type of help rying capacity before the climate sadly missed by all who knew her. and assistance that those communities changes. Everyone who did know her had the are going to need in order to battle out So President Obama has proposed we highest respect for her and extend to of this mess right now. simply extend an American law we her family our sympathy. I hope it is a Of course, Representative POMEROY is have for several other pollutants, in- comfort to them that so many people probably the most distinguished sand- cluding sulfur dioxide, to the gas of loved Christine Sarbanes, mourn their bagger in this place. It’s an area of ex- carbon dioxide. loss, and are praying for them at this pertise you really don’t want to claim. Now there are six things I want to sad time. Unfortunately, he’s had his fair share address about that bill and then I will With that, my colleagues, I thank of experience. I’m sure those commu- yield to Mr. TONKO. I’ll just note a cou- you for yielding and for your leader- nities are going to fight through this ple of them. ship on the important subject of cli- again. The first thing in this bill is that the mate change and clean energy. Mr. INSLEE. Thank you, Madam money that is generated when these Mr. INSLEE. Madam Speaker, before Speaker. permits are auctioned off to these pol- you go, just one comment. Our col- Ms. PELOSI. I thank the gentleman. luting industries, the bulk of it is league EARL POMEROY is a very good Mr. INSLEE. We’ll turn our atten- going to go right back to American sandbagger and sandbag filler. I talked tion now, again, to the issue of how we citizens. It’s going to go right back. to him this morning about that effort. promote this job creation in this new It’s going to be recycled so that Amer- He’s been working hard. energy world. I want to perhaps now ican citizens have assistance with their He was on the floor this afternoon talk about the second thing this energy bills. making sure that all of his colleagues evening we want to talk about, which So that money is going to be paid knew about this problem and I saw him is how a cap-and-trade bill will actu- into a pool by polluting industries. The talking to several folks about some ally promote job creation. vast bulk of it is going to be recycled ideas to help his constituents. Thank It’s very important, obviously, for right back to American households for you for caring about his great State. environmental reasons, why we want help on their utility bills. Ms. PELOSI. Well, he impressed us to prevent global warming. It is obvi- We’re going to have a way to get that all when Fargo was flooded before—and ous why we want to get off of our ad- job done. We are designing it now. We now Bismarck, which was really kind diction to Middle Eastern oil. It is ob- want to have bipartisan help, if we can of a surprise. He told me that when he vious that we have national security do that. We would love Republicans to was sandbagging, he was standing next concerns that promote the develop- help us to do that because we hope that to I think a heart surgeon on one side ment of clean energy. they’d want that to be the case, that a and a prison inmate on another. And it What is not so obvious always is the significant part of this go back to the really didn’t matter. They were all fact that we can create jobs by making American taxpayers. there to help the community. smart and commonsense policies. I So for those who are concerned about But those of us who have experienced want to briefly talk about six things in the utility bills, the first thing to real- natural disasters in our communities the bill President Obama is ultimately ize about a cap-and-trade bill is the know that this is a very fragile time going to help us pass that will be very most significant part of this money is for people because they have lost their helpful. going to go right back to citizens. And personal resources—their home, their First off, in his cap-and-trade bill, he that’s perhaps the first thing people clothes, the rest—and it’s hard to be a will pass and we will pass a cap on the should know about it. neighbor when you don’t even have a amount of pollution that goes into the The second thing they should know home to go home to yourself. But the atmosphere, which our grandchildren about it is that some people are con- spirit that they have is something that deserve and we deserve and our homes cerned from coal-producing States that will see them through. deserve so that the climate does not if we pass this cap-and-trade bill, it We have to do our part so that as change dramatically. will be too disruptive to their econo- soon as they have fought and met the We have a cap right now on many mies. emergency rescue needs and the re- pollutants. We limit the amount of, for Here’s a very important point for building, that they have no doubt that instance, sulfur dioxide and other pol- those who are in regions of our country the Federal Government and this Con- lutants that go into the air. But, unfor- that use coal, which is tremendously gress will be there for them. tunately, polluting industries are still abundant and has been a very effective I join you in saluting Congressman free to put unlimited amounts of one of energy source for us, but in fact has POMEROY and his work on behalf of the the worst pollutants in the globe right the problem now that if we continue to entire State—he has an entire State. A now—carbon dioxide—which is respon- burn it, if we burn all the coal we have, Member of Congress with the entire sible for changing the climate of the we will cook the planet, unless we find State of North Dakota. planet. a way to sequester carbon dioxide and

VerDate Mar 15 2010 12:18 Aug 01, 2011 Jkt 079102 PO 00000 Frm 00178 Fmt 0688 Sfmt 0634 E:\BR09\H25MR9.007 H25MR9 erowe on DSK5CLS3C1PROD with BOUND RECORD March 25, 2009 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 7 8761 put it where it can’t get in the atmos- on average with a 3 percent investment they are going to be dedicated for clean phere. in R&D, 3 percent of our GDP. Think of energy research and development. For those who are concerned about what happens when we enhance that And when President Obama talks this, it’s important to note that a sig- number, when we go well beyond the 3 about that, what I am particularly im- nificant part of this pool of money that percent investment in R&D. We should pressed about is he is not focusing on will be generated is going to go to re- expect, rightfully, that then that pro- one little silver bullet here like he has search to help the coal industry figure duces a tremendous impact on our got some favorite technology, he is out a way to bury carbon dioxide so GDP, on the growth of our GDP. putting it in the whole vast array of that it doesn’t get into the atmos- The President has said, I believe cor- new possibilities; solar photovoltaic phere. rectly, in a very visionally sense that energy, concentrated solar energy, en- For those who worry about this—of this struggling economy that we are gineered geothermal energy, advanced the continuation of the coal industry— working to improve now, a struggling biofuels, lithium ion batteries, coal se- they ought to support this approach economy which he inherited as Presi- questration to find out if we can burn because we’re going to generate money dent, can be improved if we provide as- coal in a way that doesn’t put CO2 in to help the industry develop a way not sistance and reforms to our health care the atmosphere. to put carbon dioxide in the atmos- arena and to our energy arena. That So this is a mechanism he has pro- phere. If we do that, coal could have a produces jobs, that produces a response posed to do for energy what John F. long-term future in our economy. If we to the needs of the American society in Kennedy did for space. don’t, it does not. Because we have to a way that is cutting edge, state-of- Mr. TONKO. Absolutely. And I think find a way to reduce the amount of car- the-art. And as we grow that greening that that sort of vision that was shared bon dioxide going into the atmosphere. up of our energy supply, as we produce with the public back in the early 1960s So here’s two central points that here locally in the USA rather than re- by President Kennedy is the sort of se- those who are looking at a cap-and- lying on foreign importation, we are quence here that we have with Presi- trade bill and are worried about it. I then going to then strengthen the out- dent Obama, where he is expressing to hope they will realize the first thing, come because we are going to embrace the Nation: We can do better than we the money is going back to the con- the intellectual capacity of this Na- are doing today. I believe that totally. sumers; second, we’re helping indus- tion. We are going to take those R&D I am optimistic about growing out of tries that might otherwise be in dire, situations. Where there are success sto- this energy situation in a very power- dire trouble if we don’t help them out. ries, we will deploy them to the com- ful way, in a very expressive way that With that, I’d like to turn to a new mercial sector. allows us to put an American stamp on Member of Congress, PAUL TONKO, who We have today shelf-ready tech- this. has a tremendous energy background. nology that can assist in so many ways I represent Schenectady, New York. I’d love your thoughts this evening. that speak to energy efficiency, that They are the city that lights and hauls Mr. TONKO. Thank you, Congress- speak to job production, that speak to the world. They earned that reputation man INSLEE. I appreciate your leader- a much better use of resources, that because of the inventions and innova- ship in regard to the environment and provides for a favorable response to re- tion that came out of that city through the energy and what that means to this ducing that carbon footprint. names like Edison and Steinmetz that Nation’s economy and certainly to job Mr. INSLEE. The good news is that determined our energy future over a growth. President Obama is right on the beam century ago, and then manufacturing of what you are suggesting; because in that took place in that city and in that b 1745 this cap-and-trade bill, he is not sug- Mohawk Valley region was all about I think to summarize where we can gesting using the money that is gen- invention and innovation. We saw what be with this innovation economy is to erated by the polluting industries buy- happened when they built the loco- speak to American energy produced by ing these permits for museums or nick- motives that hauls, again, the world. American jobs. That, in and of itself, is nacks. He wants to put the money that All of this is part of a spark of inven- a powerful statement, knowing that we doesn’t go back to consumers, that is tion that drove an economy for dec- can grow our energy security, we can recycled right back to consumers, ades. spark an innovation economy driven by which will be the bulk of it, he wants We are at that same juncture now. As a greening up of our energy policy, and to put it in a research and develop- we have hit rock bottom with this reduce our dependency on the foreign ment, and he is proposing $15 billion— economy it challenges us. We are fac- imports of oil and petroleum from frankly, we think it may end up being ing a crises, but out of that can come some of the most troubled spots in the higher than that—to develop these opportunity. world. And I believe that, as we do American industrial technologies so we Here is the opportunity. When you that, not only do we address our energy can put Americans to work in green- talk, Congressman, about the geo- security, but we address our national collar jobs. And I think that is so im- thermal and solar and PV and all of security. It becomes an issue that al- portant, because if you look at the en- those aspects, let me throw another lows us to better deal with inter- ergy research we have been doing, it is one out there, kinetic hydropower. national relations and to avoid the sort pretty pathetic until President Obama When I was at NYSERDA, which was of involvement that we have had in the was President. my workplace before entering Con- Middle East. So I think it is an impor- I will give you what was an eye open- gress, we were involved with a kinetic tant issue well beyond energy and job er to me. The dog food industry of the hydropower project on the East River creation; it is also an international af- United States spends more on research along the island of Manhattan. We fairs issue, as we grow our inter- and development than the entire elec- were in demonstration project address- national security, our national secu- trical utility industry of the United ing this situation, and it is forecasted rity. States. We have not done our knitting that we can produce as much as 1,000 The fact that American energy can when it comes to research and develop- megawatts of power through kinetic produce American jobs that then pro- ment funds. hydro, which is similar to a wind tur- vides a benefit in many ways to the Now, we started in this new bill we bine but beneath the turbulent waters American families from coast to coast just passed, which put about $70 billion of the East River. is an important factor. Economists into research, but we need the second, There are so many ways to deal with have estimated that well over one-half third, and fourth year out. And Presi- the environment in a benign way to of the growth of our Nation’s GDP was dent Obama, in this cap-and-trade, we produce energy. Over 8,300 megawatts in relation to the development and are going to dedicate these funds. They in this country of wind power are exist- adoption of new technologies, of are not going to be used by Member of ing today. We can do far better in the emerging technologies. That was done Congress for just some pet project; solar, wind, geothermal, kinetic hydro

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Second, there is a way in this cap- pride ourselves on eating cheap. Dairy Mr. INSLEE. By the way, there are and-trade bill that farmers may be able farmers work 24/7. They need a fair people who might be listening to us to essentially get paid for using their price for their milk. But what we could talk about this tonight who might look topsoil to sequester carbon dioxide. If do at that State level was reduce their askance at some of these new tech- they can find ways, tillage practices cost of business, and we had done that, nologies. They might think it is people and the like, they can sell the seques- which I thought was tremendously with funny hats on talking about some tration service, the service of their soil powerful. The opportunity to invest in kind of crazy thing that is never going of taking carbon dioxide out of the air wasted energy projects on our various to come to pass. And some of these and burying it in the soil; and we think farms, of all sectors in this country, to technologies will not become commer- there is a way we might be able to de- deal with digesters. cially viable. The nature of exploration sign a system to do that. You know, you talked about job cre- is that you try things, and some of Third, biofuels. You know, we still ation and perhaps people seeing it as them don’t work and some of them do have advanced biofuels. It is not just some sort of magic wand out there that work. And some of the things we are biodiesel and corn-based ethanol. That is being waved. Let us just look over talking about tonight may not work. was sort of the first generation. Now our shoulder at recent passed history But I would just hearken back to a re- we have got to move to the second gen- just over the last century. What hap- cent experience. eration of cellulosic ethanol and then pened when we put our minds to work Ten years ago, when we were arguing the third generation of algae-based to R&D and innovation and invention? that we should try to develop wind gasoline. By the way, there is a com- We went and produced an internal com- power people thought those were just pany called Sapphire Energy right now bustion engine, we went and developed going to be little Dutch windmills that that just opened up their plant in New electricity. That created unprece- could never really generate electricity. Mexico to do that. dented amounts of jobs in the manufac- Well, this year the United States of So we want to make the point that turing sector. And then, we put people America became the largest producer those who care about the agricultural to work on those manufacturing lines of wind power, electricity generated by communities, there is a tremendous in the auto industry, and then put wind in the world. We are number one upside to moving forward with this many people to work building dams, in the world of wind-power generation. cap-and-trade system. building power plants, and putting to- And, more people today are working in Mr. TONKO. Congressman INSLEE, gether our national grid system. the wind power industry than are you mentioned agriculture. I will tell So we know what these jobs can look working in the coal mining industry. you that the State of New York like. We know that when we invest in That is not to diminish the importance through its SUNY operation, the State R&D, when we provide for our own of the coal mining industry. It is im- University of New York, has a number American generation of power through portant. Those are good although very of ag and tech campuses. I can name American jobs, we can create a tremen- difficult jobs. But the point is, ten one that I represent, Cobleskill, that is dous amount of economic recovery. years ago people would have laughed at going through a transformational 1800 us if we would have said we are going project of creating energy. There is a b to have more people working in the SUNY campus that is dealing with hy- Mr. INSLEE. You mentioned the wind turbine industry than coal. And, brid types of soy that they are devel- electrical grid. It is very important in fact, that has come to pass, and wind oping so that it could be used in the that we build an electrical grid that is is still going gang busters. We cannot biofuels system. Others are looking at up to these new technologies. And I put up wind turbines fast enough. We beet produce that can be created in a will be introducing a bill in the next have to build the lines to get to them, way that will allow for ag diversifica- week or so to create a new Federal way and that is another part of President tion. of siting, planning and financing these Obama’s plan to build the lines to get I represent many dairy farmers in my new high-density, high-capacity grid to the wind turbines, and he has com- given area. We worked on a project systems to get that job done. mitted significant dollars to make sure when I was still in the New York State Before I yield to Mr. POLIS, I want to we do that. Assembly serving as energy chair, and just mention one thing before I forget. I want to point out something about we incorporated the services of There is a fifth concern about our cap- the fourth point of some people’s con- NYSERDA, the New York State Energy and-trade bill that the President has cerns about this cap-and-trade bill. Research and Development Authority, proposed. Some people have rightly Some people have expressed concerns the local utility, Cornell University been concerned about a market mecha- that it would only help the coastal re- with its R&D efforts, and some ESCOs, nism to allow companies to swap these gions, the Seattles of the world where energy services company, and the permits. And given what we have gone I am from, the Bostons of the world, Farm Bureau. We worked together, and through in the recent past, we all are and leave out the heartland, and noth- created energy efficiency programs rightfully skeptical of a new market ing could be more further from the that drove down energy demand at system that could be manipulated by truth. I just want to mention a couple these dairy farms by anywhere from 30 those who let greed overcome their reasons. to a 45 percent, and we started with common sense. So it is very important Number one, one of the big winners two demonstrations and people were so that when we design this system, we in this new transition is the agricul- favorably touched by that exercise, and design a new regulatory system that is tural part of America, the heartland, then opened it up to 70 participants of fully capable of being the most aggres- for a couple reasons. Number one, it is different dairy farms that, again, real- sive, most hard-nosed, toughest, most where the wind is. And farmers today ized a reduction in their bill, not by ambitious, most foolproof regulatory are getting $3,000 to $6,000 a year just any change in the rate that was pro- system known on planet Earth. We in- in lease payments to leases a few hun- duced, but by the amount of energy tend to accomplish that. We do not in- dred square feet to put a wind turbine they had consumed. tend to allow this market to be abused, on. And there are a lot of happy farm- And you are dealing with a perish- as other markets have been, including ers in my State right now, and there able product, one that is highly regu- by regulating derivatives that have

VerDate Mar 15 2010 12:18 Aug 01, 2011 Jkt 079102 PO 00000 Frm 00180 Fmt 0688 Sfmt 0634 E:\BR09\H25MR9.007 H25MR9 erowe on DSK5CLS3C1PROD with BOUND RECORD March 25, 2009 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 7 8763 been the bane of some of these market ington and Florida have an infestation. market protection. We will have a reg- disasters. So we hope to use this as a As a result of a changing climate, we ulatory program that will keep the ras- template on how to really do other have not had a cold enough winter in cals out of our till in these markets. markets so that we don’t have that over a decade to kill off the larvae of And it will be a template of further problem. those pine beetles. Now, of course, in markets. I want to now yield to Mr. POLIS any one particular event, you can’t de- Number five, we will do for research from Colorado, who has been a great termine causality and say it was abso- and development what Kennedy did for leader on these measures that have had lutely this or absolutely that. But the space in the original Apollo project and tremendous success in the development truth of the matter is we have not had finally get this country up to speed on of job creation in Colorado. We are en- a cold enough winter to kill these off. generating these new technologies. So vious of some of the things you’re It has killed, in Grand County, in one we hope people will take a good look at doing there. of my counties, 90 percent of the pine this. Mr. POLIS. Right in my district, trees. It is sweeping through Summit We are very appreciative of President which includes Boulder County and and Clear Creek Counties. These are Obama’s inspirational leadership here, Adams County, green jobs, green en- counties that our viewers tonight will and we intend to do our part. ergy jobs have really been the fastest know because they contain popular ski Mr. POLIS. If the gentleman will growing job sector in the last several resorts, Vail, Copper Mountain, Beaver yield for a moment before he departs, years. It has really been a huge boon to Creek, Winter Park. And, of course, not you hit all the objections. That is ev- us. As my colleague from New York only is it changing the ecosystems in erything that we have heard on the other side. Anybody who objects, it (Mr. TONKO) said, when we are talking these areas, it is also creating a huge falls into those categories. And you about building a green energy econ- forest fire risk. omy, we are talking about creating This is just the tip of the envelope have a response. And there is a re- jobs. And we are talking about creating with regard to the vast, vast environ- sponse for every one of those. All of good jobs. mental changes that will affect our these arguments fade away. There is not a single argument against taking Some of this ties into the job prepa- country with regards to climate bold action on cap-and-trade that we ration we need to do. I had the oppor- change. And when we are talking about tunity to join Representative TONKO haven’t addressed here today. a farmer supporting himself, the cost Mr. INSLEE. If you find anyone ob- earlier this week and learned about of not taking action and having the jecting, give them those five points, some of the projects that General Elec- weather dry up, having more sun where and we hope they will see the light. tric has training wind energy engineers there is sun, less sun where there isn’t With that, I ask unanimous consent in Upstate New York. It is a terrific sun, the cost of that needs to be taken that the gentleman from New York be program. Near my district, we have the into account. When you compare what- redesignated the time. National Renewable Energy Labora- ever we’re talking about in terms of The SPEAKER pro tempore. The bal- tory, and we have a wind turbine test- the costs here, with the cost of not ance of the majority leader’s hour is ing laboratory. These partnerships taking action, it is not even close. And reallocated to the gentleman from New with community colleges and partner- I think that is an important point to York (Mr. TONKO). ships with workplace training are abso- make as well. Mr. TONKO. Thank you very much, lutely critical to make sure that people Mr. INSLEE. I appreciate that com- Congressman INSLEE, and thank you have the job skills of the future. ment. I’m going to make a couple of for your leadership. These are areas that America will closing comments and turn it over to You are very right in acknowledging not only be competitive in but will be my friends here. We have come tonight the role that our new President is play- growth sectors for jobs. The truth is we to try to assuage some concerns about ing and his sense of vision that has are not going to have the same strong this program. We know we have to been shared with the American public. economy, the same opportunity to sup- move. Inaction is not an option. Fail- It is that sort of boldness to take a port the middle class lifestyle with the ure is not an option here given what is golden opportunity and turn it green same kinds of jobs that America did in going to happen to our country other- that this President has really em- the 1950s. Some of these jobs will still wise. But I just want to mention five braced. He and his administration, Sec- be around. But those are not the things. retary Chu from the Department of En- growth sectors of the 21st century. Those who are concerned about the ergy, and others are anxiously looking One of those critical growth sectors, impact on consumers, we will be recy- forward to creating that new era of en- in addition to health care and others, cling the money generated from this, ergy generation for this country. And is green energy jobs. And by having to a large extent, back to consumers, certainly Speaker PELOSI in our House public policy that sets a framework na- right back into their pockets, number and all of the leadership here and the tionally through a cap-and-trade, we one. respective chairs are fast at work, and are encouraging the creation of these Number two, for those who are con- the membership at large, because we very kinds of jobs that will help us cerned about the impact on coal-domi- know this is a great way for us to ad- emerge from this recession. nated regions, this is the only plan out dress this economic recovery that is so One more thing that sometimes gets there to help the coal industry survive necessary. lost in talking about the benefits and long term by doing research to find out Congressman POLIS, you mentioned some of the individual things we need if we can sequester carbon dioxide and the hearing the other day chaired by to address like, of course, we need a allow coal to remain a viable option for Congressman HINOJOSA who chairs the way to get farmers on board. We need this country. Subcommittee on Higher Education, a way to broaden the appeal and make Number three, those who are con- looking at higher education and work- sure that the money goes back to those cerned about the impact on agri- force opportunities. And you’re right in who deserve it. One thing that some- culture, we know agriculture is going that we create many jobs in that direct times gets lost are the costs of doing to suffer if global warming continues. ripple that is caused by dropping the nothing, the costs of not taking action Take a look at the drought and the al- stone into the water here. That first on climate change. Earlier today I was mond farmers who are losing their or- ripple does speak to wind technicians on the floor, and I have a little vial of chards in California right now because and site operators, for instance, for pine beetles here, Dendroctorus of the drought. And farmers are going wind turbine operations across the ponderosae. I used them when we were to be able to make money from this country. GE spoke to that at the hear- talking about the FLAME bill earlier program in wind power, in sequestra- ing. But then it is all the other ancil- today, and the rule passed. But these tion and in advanced forms of biofuels. lary impacts that can be made in a way are in epidemic proportions across Col- Number four, we will provide the for our manufacturing sector, our agri- orado and other States. I know Wash- American people what they deserve in cultural sector and our service sector

VerDate Mar 15 2010 12:18 Aug 01, 2011 Jkt 079102 PO 00000 Frm 00181 Fmt 0688 Sfmt 0634 E:\BR09\H25MR9.007 H25MR9 erowe on DSK5CLS3C1PROD with BOUND RECORD 8764 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 7 March 25, 2009 as we apply these funds to energy effi- come in New York State the campus of change. The American people should ciency retrofits, as we work with var- choice. Because of the economics of the hear, this is a solution to a whole host ious States to provide the resources times, I believe a lot of people, if they of national security issues and our reli- that allows our manufacturing to be as have been displaced, are looking to ance on foreign oil that weakens our smart and energy innovative as pos- train or retrain for other opportuni- country, and this is the solution to get- sible. Then when they are competing in ties. And now with the growth of com- ting our economy going again and cre- that global marketplace, they will be munity colleges and the strengthening ating good jobs. winning the race because of doing it in that they have been part of, they offer When Representative INSLEE was a smarter and more energy-efficient hands-on experience. So to watch some here, he addressed all of the objections way. of the construction majors at Hudson that I heard. Have you heard any other I think that is an important part Valley Community College being objections, Representative TONKO? here because there are many, many taught the state-of-the-art application Mr. TONKO. No. Not at all. winners across the board as we move of photovoltaic on solar array systems Mr. POLIS. They are valid points, forward with these technologies. Look- for rooftop application is a wonderful where people say our farmers need to ing at the inspiration that comes from outcome. To witness that and know be part of it, absolutely. Representa- the labs where we are developing some that there will be those individuals tive INSLEE is right. Our farmers need of these projects, it is important to in- who can maintain, install and repair to have a stake in reducing carbon dicate the success that has been driven these systems and be part of that solu- emissions. It makes economic sense for by engineers, inventors and innovators. tion, because we need the human infra- them. Our farmers have the most to But this is also about reaching to the structure to be developed so as to move lose. Those who derive their living trades, making certain that our trades into this energy revolution, as we look from the weather, from the grace of people are allowed to participate in at our campuses, they hold great prom- God, the sun and the rain, have the this green-collar job growth so that as ise for this. In the State of New York, most to lose with regard to global cli- the white- and blue-collar traditional Hudson Valley has been working with mate change. I rank our farmers high jobs now get in some ways transformed NYSERDA, New York State Energy in that category. And absolutely, they in certain sectors to green-collar job Research and Development Authority, should have an incentive to be part of opportunities, we will have room for through resources, through a plan, that solution. The money should stay everyone from the skill set of the through a sense of vision that is shared within the system. We should address trades people over to the 2-year, 4-year and then incorporated into the work the market protection and make sure graduate levels of the workforce that that they do. They reach out and deal this isn’t just a giveaway to big busi- can really inspire this sort of innova- with some seven or eight different ness or any kind of business. tion economy that holds great promise community college campuses. They All of those concerns have been for an economic recovery. then train those people that will be the looked at. And what we have before us, Mr. POLIS. I think that is an excel- trainers in their given campus commu- and what we are talking about, and, of lent point because sometimes when nity. course, we are still in the process of people talk about the jobs that are Just recently I had met with Fulton- formulating it, is going to be a huge being created, I think that our viewers Montgomery Community College, win for our country. This is probably might envision, oh, well, you need a again in the congressional district that going to be one of the most important Ph.D. for that, or you need to be a re- I represent. And they are talking about bills that we can pass. searcher. No. The vast majority of the the nano sciences, the nanotechnology It is not just this bill. As Representa- jobs that are created are jobs that are growth in the capital region of New tive TONKO also mentioned, this goes good-paying jobs for working families, York. They are going to train people to across all different areas. Representa- where we can do a good job in our high work in clean rooms. They are going to tive TONKO and I both happen to be on schools running vocational programs make certain that they have that gift the Education and Labor Committee. to prepare kids into these jobs. In com- to be able to be there in all sorts of ca- When we are talking about job training munity colleges, again, you talked pacities, at all levels, to make this for adults, when we are talking about about the testimony, most of the jobs work so that as people look to growing vocational programs in our schools for created require associate degrees, 2- incubator opportunity, they are going kids, that is part of it, too. There is a year degrees, we are not even talking 4 to need a workforce, as people not only tax component. There is a subsidy com- years, we are talking a 2-year degree to deal with startups but grow those given ponent. There is an international com- do a lot of these great green economy businesses that are there today that ponent to this because, of course, we jobs. are energy and technology related, need to use diplomacy to get other This goes across the entire spectrum. they will require the workforce that is countries to be a part of our reducing Of course, there are some jobs for specifically trained and ready to go. our carbon emissions. America has Ph.D.s and for college graduates. This is a package that comes to- been a global laggard this last decade, Across the board, this is going to be a gether nicely with the vision that is hasn’t it, Representative TONKO? critical growth sector and a growth shared by this President, with the lead- sector in an area that makes America ership that he has executed and with b 1815 stronger. This is a patriotic sector. the outstanding leadership here with Mr. TONKO. Absolutely. This is something that fundamentally Speaker PELOSI and our many chairs Mr. POLIS. And we have the oppor- helps the national security needs of our and our leadership of the House. tunity to be a leader. Nation, helps put America back to Mr. POLIS. In addition to the energy Mr. TONKO. Absolutely. And Rep- work and helps address the biggest production side, there are also good resentative POLIS is right. We have global issue that we are facing, which jobs in the energy conservation side, reached over all of the sectors, from is global climate change due to carbon when we are talking about weatheriza- agriculture to service, to small busi- emissions. tion, when we are talking about reduc- ness to larger business and manufac- Mr. TONKO. It is interesting, because ing our energy consumption. There are turing and then industry, all of these as we heard from a representative from two parts of the equation for carbon areas are benefited, as are our homes, a community college dealing with the emission reduction and they are both because housing in this country is a big greening up of jobs from Hudson Coun- equally as valid. There are a lot of part of the looming issue out there of ty Community College in the capital great jobs in that area, too. So when carbon footprint, of energy consump- region of New York, it is interesting to we are talking about cap-and-trade, the tion, and certainly it’s a great oppor- note that across this Nation, we are American people should hear win-win. tunity for us to reduce demand. gifted with several campuses that are The American people should hear this But let’s also look at that transpor- community colleges. And that has be- is the solution to global climate tation sector. In this effort to grow

VerDate Mar 15 2010 12:18 Aug 01, 2011 Jkt 079102 PO 00000 Frm 00182 Fmt 0688 Sfmt 0634 E:\BR09\H25MR9.007 H25MR9 erowe on DSK5CLS3C1PROD with BOUND RECORD March 25, 2009 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 7 8765 new opportunities, we are going to look CHALLENGES AND TROUBLES look ahead and solve problems. I think at that transportation sector and pro- WITH OUR ECONOMY it’s also possible to take a look and see vide for advanced battery manufac- The SPEAKER pro tempore (Mr. where did we make mistakes and what turing, taking, again, R&D experiences BRIGHT). Under the Speaker’s an- do we need to make sure that we don’t that are working today, and put them nounced policy of January 6, 2009, the do again. I90[H25MR9-R1]{H4012} to use, not only in the transportation gentleman from Missouri (Mr. AKIN) is And if you take a look at how we got area, but in energy generation and en- recognized for 60 minutes as the des- the economy in trouble, the story goes ergy storage. Some of our intermittent ignee of the minority leader. back, actually, a good number of years. power, whether it be solar or wind, Mr. AKIN. Mr. Speaker, it’s a pleas- It goes back even as far back as 1968, needs to be bolstered by the fact that ure to join you this evening and to talk and that was when Fannie Mae was we can store that power so that when about some issues that are of signifi- created. It’s called a government-spon- we are at peak situations, it is then cance to all of us. And I thought that sored enterprise. It’s not really private. It’s not really government. It’s sort of most useful, and we can create that what we might do this evening, start- half and half. And so ’68 we created battery storage issue. ing out, was just take a look at—many people are conscious of the fact that Fannie Mae, and then in 1970, Freddie I am convinced. We heard again we’ve got some challenges and troubles Mac. And the purpose of these organi- about various efforts to improve bat- with the economy. People are aware zations was to make it so that Ameri- tery operations out there. And the fact that we have a problem with jobs and cans could afford to own homes. And that $2 billion, as part of the Recovery having enough jobs to go around. We that is, of course a good thing. We all Act and certainly, additional involve- have some difficulties on Wall Street, appreciate the American dream, par- ment in the Federal budget will allow as people know. We have difficulties on ticularly having, when you come home us to, then, move forward with the bat- Main Street. after a hard day’s work, have a place teries of the future, be they Lithium We have been told over a period of that’s really your palace. Maybe not a batteries, Lithium ion battery or oth- the last six or 7 years that we spent a fancy palace, but it’s at least a place ers that are being developed that will whole lot, too much money in the war where there should be some peace and now allow us to really transform the in Iraq and in Afghanistan. In fact, we when you can say yeah, this is my transportation sector. have been regaled every day with sto- house. And that’s always been part of You know, when gas prices were hit- ries about oh, we’re spending more and the American dream. And the idea was to create these ting the $4 and beyond mark, everyone more money. agencies, to allow more people to have was exploding with the need for us to But just to kind of put perspective on a chance to own their own home. And do something about it. Well, this takes how much we have been spending late- ly, let’s just consider the 6 years of the that was what a good enough idea to a plan, and it’s not going to happen start with. But then we started to tam- overnight. We were warned in the ’70s war in Iraq and add up all the money we spent in the war in Iraq, and then per with the idea some in 1977 with the to begin to do your greening up of en- Community Reinvestment Act, which ergy policy. That didn’t happen. So we let’s add to that the amount of money that we spent in Afghanistan. And you mandated that Freddie and Fannie—or need to move forward and make certain put the two together, and it’s less in the Community Reinvestment Act it that this innovation comes in the bold- money than we’ve spent in the first mandated more banks had to make ness that it requires and deserves and five weeks when this Congress was in loans that were risky loans, not the certainly that the American public de- session. That’s kind of an amazing sort of loan that a local bank would serves. number. know the people living in their area So Representative POLIS, I think our We spent this, supposedly stimulus and they’d say, oh, this is a good guy time is coming to a near end, so I will bill, $840 billion. What is $840 billion? and he wants to buy a home, but we use that as my final statement, and Well, it’s more money than we’ve spent know he’ll be able to pay his loan, so then allow you to offer some com- in both of these wars over the past six we’ll go ahead and make that loan and ments. and 7 years all added up, combined. we’ll keep that on our books and allow So how did we get into this situation that to go forward. And then every Mr. POLIS. Well, thank you, Rep- that we are spending so tremendously month we know this man in our com- resentative TONKO. And Representative much money? munity, we know he’ll pay off his loan INSLEE had some tremendous com- I recall, the President made a state- and soon he’ll be a proud homeowner. ments. I just want to address one more ment. It said, ‘‘We cannot simply spend No, this was not what happened with misconception that’s out there. Rep- as we please and defer the con- the Community Reinvestment Act. resentative TONKO, when he mentioned sequences.’’ And many of the Presi- What we’re saying now is that banks storage and batteries, got me thinking. dent’s statements are noteworthy. This have to lend money to people who I hear the naysayers say oh, the carbon is a good statement. ‘‘We cannot sim- might not be able to repay those loans, footprint of creating these batteries is ply spend as we please and defer the and the government’s starting to say, more than the carbon that’s saved by consequences.’’ you’ve got to make these loans that using them. Well, through a cap-and- The only question is, when you take are not so good. trade system, all of that is taken into a look at the level of spending, these Well, in 1992, the Federal Housing En- account. If you’re using carbon to cre- blue bars was President Bush, and terprise Financial Safety and Sound- ate the batteries, then you don’t have these red bars, now, become the Demo- ness Act mandated that Freddie and any net carbon savings, and that’s re- crats and particularly, here, this is this Fannie buy risky loans from the banks. flected in the pricing. This creates a year. Now, this is not, doesn’t have So now pretty soon, you’ve got this and market mechanism that takes that projections in it for economists mak- it’s gone a little further. It’s not just into account. ing all kinds of predictions. This is ac- that the bank is going to make some They’re looking at compressed air. tually what we are spending. And you risky loans, but now the bank has the They’re looking at elevation, they’re see how much the spending has gone option of dumping the risky loans on Freddie and Fannie. So you can see looking at a variety of techniques for up. And so this line doesn’t square too where this is going. What’s starting to energy conservation and together we well with ‘‘We can’t simply spend as we happen is that we’re passing the ac- can make it happen. please and defer the consequences.’’ So how did we get into this really countability. And guess who’s finally Mr. TONKO. Mr. Speaker, we thank heavy, big spending kind of situation? going to end up holding the bag? You you for the time allotted here this I think it’s helpful—people say, oh, guessed it, the U.S. taxpayer. evening, and we most appreciate your we just have to keep looking ahead and Well, here’s what’s going on. Now, courtesy. solving problems. I think it’s good to this enterprise is saying you can take

VerDate Mar 15 2010 12:18 Aug 01, 2011 Jkt 079102 PO 00000 Frm 00183 Fmt 0688 Sfmt 0634 E:\BR09\H25MR9.007 H25MR9 erowe on DSK5CLS3C1PROD with BOUND RECORD 8766 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 7 March 25, 2009 these bad loans, pass them on to ulatory overhaul in the housing fi- more and more out of control, and as Freddie and Fannie. Well. nance industry since the savings and they did so, they started to create Then we go to 1999, and under the loan crisis a decade ago.’’ havoc in other parts of the economy. Gramm-Leach-Bliley Act, this is where So here you have, Republican Presi- Now, was this problem created entirely President Clinton expanded the number dent Bush is saying, uh-oh, guys. We’ve because Democrats refused to regulate of bad loans, not maybe bad loans, but got trouble. We need to get into Freddie and Fannie? No, not entirely much more risky loans that Freddie Freddie and Fannie. We need to regu- because of that. It was a very impor- and Fannie had to take. And so Freddie late them some because they’re start- tant component. Certainly, the bad and Fannie now are picking up more ing to get wild and wooly with their fi- loans are what put us on track for a and more of loans where it’s not so nancial wheeling and dealing, and very serious world economic situation. clear people are going to be able to pay what’s going to happen is the govern- There was more to it, though. these things. And so Freddie and ment and the taxpayer are going to end There were people on Wall Street, Fannie start to do some exciting foot- up getting caught on the hook. such as Standard & Poor’s and two work with their finances, and start Well, what was the response? And did other rating agencies—the ones that packaging these loans up in unique we go ahead and take the President’s give us our credit ratings personally. ways, and selling them, through Wall recommendation and move forward They are the ones that said that all of Street, all over the world. And so this with further regulations of Freddie and these mortgage-backed securities were is going on in ’99. Fannie? a AAA rating. Well, that turns out to Now, other things are starting to Well, he was opposed. The same arti- also have been not a very wise thing, take effect here. The economy was not cle in the New York Times, same one, and they were not AAA rated. In fact, so good in ’99. And so, Greenspan, at September 11, 2003, the ranking Demo- most of them have gone into default that time, lowered the interest rate, crat of the Financial Services Com- enough so that there is no longer any took it way down so it created a whole mittee, Congressman FRANK, is quoted market for these mortgage-backed se- lot of available liquidity, and the hous- in this article. ‘‘These two entities, curities. So now we are at the point in ing bubble starts going. And this was Fannie Mae and Freddie Mac, are not the last year or two where we have the year that I was elected to Congress, facing any kind of financial crisis’’ said what is clearly a recession on our 2000. So 2001, if I’d come down here, I Representative BARNEY FRANK of Mas- hands. So what do you do with a reces- was really kicking myself by 2005 be- sachusetts. Now, I think he didn’t sion? There are two basic theories cause anybody who bought a house in think they were facing any particular about how you handle this. Washington, D.C., why, that house kind of crisis. But he was the ranking The first one goes back to FDR and would have doubled in value in about 5 member on this committee. That to his Secretary of the Treasury, Henry years. You’re saying why in the world means he was in the minority party in Morgenthau. Morgenthau, along with a didn’t I buy some big house in D.C.? 2003. But he was opposed to what the guy, little Lord Keynes—he was a little And then later on you think, I’m glad President was suggesting, and that was weird, but he was an economist any- I didn’t. a strong reining in of Freddie and way—came up with this idea that when But anyway, we haven’t gotten there Fannie’s practices. Now, he, by him- the economy gets in trouble what you yet. So this is what’s happening in 1999. self, of course, couldn’t stop a legisla- have got to do is to stimulate it, and so Then things start to—the train starts tion because he was in the minority what we are going to do is spend a to come off the track. party. whole lot of money, and that is going In 2003, Freddie and Fannie get inves- So, following 2003, you have, in addi- to make the economy a lot better. So tigated by The Securities and Ex- tion, you have the Bush administration they tried that during the Great De- change, and they admit that $1.2 bil- in 2004, again, this is committee testi- pression. After 8 years of stimulating— lion accounting error. At that par- mony saying, we’ve got to get on to that is, spending tons and tons of tax- ticular time, President Bush, seeing Freddie and Fannie. And then by 2005, payer money—you have the guy who that, had been warned. Now there’d a bill was passed in the House. It was really came up with this scheme, been some warnings before, back in mostly, the one in the House was most- Henry Morgenthau, now appearing be- 1999. New York Times, there’s an edi- ly voted for by Republicans. It was op- fore the House Ways and Means Com- torial saying, we are setting up a prob- posed by a majority of Democrats, or mittee in the year 1939. He talks about: lem. And here’s the problem. You’ve quite a number of Democrats. And the How well does it work if the govern- got a whole bunch of loans that are bill passes out of the House and then ment spends a whole lot of money to very questionable, more and more goes over to the Senate. get itself out of an economic fix? Well, questionable loans. And who is going to Now, the Senate is kind of an odd here is what his quote was: back up those loans? Who’s going to body because over there it takes 60 ‘‘We have tried spending money. We end up having to pay for them if people votes to get something passed. And as are spending more than we have ever default on their loans? So this is, who’s the New York Times reported, the spent before, and it does not work.’’ going to pay? Well, Freddie and Fannie Democrats were not in favor of this ad- This is the guy who supports this have all of these things. What’s the im- ditional regulation on Freddie and Keynesian model of economics, which plication? Well, Freddie and Fannie are Fannie. So here is another version, the says, hey, the more you spend money, backed by who? By the U.S. govern- Senate bill 190, it’s the Federal Hous- the more it’s going to fix the economy. ment. So if the loans are bad, now the ing Enterprise Regulatory Reform Act After 8 years of the administration, we U.S. government is, maybe not obli- 2005. And the Senate, it was passed out have just as much unemployment as gated, but pretty much obligated. By of the Committee on Banking and when we started—and an enormous this time, Freddie and Fannie have got Housing and Urban Affairs, but the debt to boot. more than half of the home loans in floor action was blocked by the Demo- Now, this is a lesson that Henry Mor- America. So is the government going crat minority. genthau learned in 1939. He learned it to turn their back and say, oops, all of So there’s a difference, a political at the cost of 8 years of Americans this is stuff is just going to go away? difference here, that the Republicans being out of jobs. He realized that this No, of course. So this is starting to were in support of more regulation of does not work. The Japanese did not come along. Freddie and Fannie. Democrats were learn the lesson, and in the ’70s, they By 2003, the President sees these opposed to that, killed it over in the took their economy through 10 years of problems, and in this article, on Sep- Senate. big government spending to try to get tember 11, 2003, the article, this is New their economy going, and it did not York Times, September 11, 2003, it says b 1830 work. hear, ‘‘The Bush administration today Now, what happened then, of course, So what we have then is the problem recommended the most significant reg- is that all of these bad loans spiraled of an approach to fixing an economic

VerDate Mar 15 2010 12:18 Aug 01, 2011 Jkt 079102 PO 00000 Frm 00184 Fmt 0688 Sfmt 0634 E:\BR09\H25MR9.007 H25MR9 erowe on DSK5CLS3C1PROD with BOUND RECORD March 25, 2009 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 7 8767 crisis which creates unemployment, much? Well, you know, $3 billion to our children and grandchildren—be- and of course unemployment—lost $400 billion worth. That’s a lot of cause this is money we don’t have— jobs—really, really hurt an awful lot of money. Here we had a couple of good coupled with record tax increases. common people. A lot of people who years where we actually made some These are not just tax increases on the have worked hard all of their lives, who money. This was a Republican Con- rich—and I don’t think class warfare is are trying to pay their mortgages off, gress. Bill Clinton and the Congress a good thing at any time. It is surely lose their jobs, and now their houses said we’re not going to spend much not a good thing now, during these are foreclosed. I think sometimes, in money, and there were some disagree- tough economic times, to be threat- my own mind, of being the father of a ments. We actually saved some money ening over $600 billion in new taxes, the family with a wife and with kids de- for a couple of years. These years right bulk of which will fall on the backs of pending on me. I think of what it in here are the 8 years of Bush, and our small business owners—on the peo- would be like to come home at night Bush was criticized for spending too ple who actually hire and employ 70 and see your living room furniture sit- much money. I voted against some of percent of the American workforce ting on the sidewalk, and you’re being that spending, and here is what the right now. tossed out of your house. That is the spending was: Mr. AKIN. Reclaiming my time just kind of thing we risk when we start You can see that probably the worst for a second, you are talking about using bad government policies. When spending was somewhere in the range these different tax increases and dif- we start to take this process of having of about $400 billion. Now take a look ferent things that are spending money. people being encouraged to take loans at what happened this year in 2009. My It’s starting to get a little bit hazy be- that they cannot afford to take, we goodness, this is absolutely unprece- cause there are a number of them com- lose jobs, and things start to come un- dented. That is the level of spending in ing along, and it’s easy to get them done. 2009. Guess what? We’re not done with confused in your mind where it was There is a different approach, an- 2009 yet. So this tells you that we have that we spent money and how much. So other way, of dealing with a recession. taken an approach which is saying, I have put together some of the real big One way of dealing with a recession boy, are we going to spend some ticket items. I mean we’re only into that we mentioned is, of course, the money. You can say that, maybe, March, right? I mean it’s only the first Keynesian model, or the idea of spend- President Bush spent too much money. quarter. Let’s take a look here. ing your way out of trouble. Now, we I think he did, but it is nowhere near This is the Wall Street bailout. It need a little bit of common sense down what we’re seeing, and so this spending started, actually, at the end of the in Washington, D.C. We need a little pattern seems to be in great contradic- Bush administration. They did, I think common sense in Congress. Most people tion with the statement that says: We it was, $300 billion or $350 billion, some- in a lot of our districts know that, if cannot simply spend as we please and thing like that. you get in trouble economically, the defer the consequences. This is what he Mr. SCALISE. $350 billion. thing you do is you don’t go buy a said, but look at what we are doing. Mr. AKIN. $350 billion. brand new car and spend money like I am joined here in the Chamber to- Then, under President Obama, we got mad, hoping it’s going to get better. night by a very good friend of mine the other $350 billion. So half of this is That’s just plain crazy, and yet that from Louisiana, Congressman SCALISE. Bush and half of this is President seems to be what the government is I know that you’ve been paying at- Obama. Then we’ve got this economic doing. tention to some of these issues and stimulus—I call this the porkulus bill— Let’s take a look and see what our have already, rapidly, distinguished and that was $787 billion in its final response has been, because there is an- yourself here in the Congress. I would form. Then we’ve got the appropria- other approach. There was the same appreciate it if you would give us your tions bill that we passed. That’s an- approach that was used by JFK, by perspective on what’s going on this other $410 billion. So, you know, we are Ronald Reagan and by President Bush, evening. well over $1 trillion here in less than— all three times effectively turning a re- Mr. SCALISE. Well, I want to first what is it?—3 months. cession into good, solid economic thank my friend from Missouri for Mr. SCALISE. Sixty-five days to be times. I’ve got a couple of charts here. yielding and for hosting this hour to exact. I just want to throw a couple of these talk about the real dangers of this road Mr. AKIN. Sixty-five days. up because this is the heart of where that we’re going down. This is a budget I just thought it would be helpful to we are in America today, and it affects proposal, this budget that we’re talk- have those numbers up there. The main every man, woman and child in our ing about, especially these record lev- thing was the Wall Street bailout, then country. els of spending, but they are all pro- this porkulus bill and then this appro- What I have here right in front of me posals right now that have been filed priations bill. is the danger of using that Keynesian by President Obama. Some of these are I yield. model—spending money out of control. bills that have not even gone through Mr. SCALISE. What you are pointing Let’s take a look at this chart. This is committee yet but that are going to be out is exactly the concern that is going a pretty easy one to understand. I going through committee. on throughout the country, the fact know charts are sometimes a little I think what is happening and what that, in the 65 days President Obama confusing or you have to try and figure we are seeing around the country is has been in office, our country has al- out what they’re saying, but this just that the American public, during these ready incurred over $1 trillion in new tells you whether or not the family tough economic times, is dealing with debt. We keep hearing the word ‘‘inher- budget got balanced. Every single one their problems. Families are cutting ited’’ a lot, and the President tries to of these bars is a line, and if the line back right now. We are seeing that all imply that every problem that is out goes down, it means the government across the country. People are saving there and all of these spending bills are spent too much money. If the line goes money. They are paying down debt be- all things that he inherited. up, it says we actually did not spend as cause they know that we are in tough First of all, the porkulus bill, as you much as we took in. So, just like the times. We all hope that we get out of call it—the spending bill that added family budget, the down lines mean, these tough times soon, but I think over $1 trillion of new debt, which was uh-oh, we went into debt. We’re going what is concerning people are some of his major initiative, his first initia- back all the way here to 1980 and are the policy decisions coming out of tive—actually was something that going out here to this very year where Washington right now: these proposals President Obama decided to do on his we are. by President Obama for these record own. That added another $1 trillion. So what has happened? Well, we’ve levels of spending, with record levels of His budget that he has filed is a record. been spending too much money for a borrowing and of not borrowing from a This is a chart here that depicts the long time here. About how much too savings account but borrowing from budget deficits over the last few years,

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but then project it forward under Louisiana. I was born in New Orleans. judge from Texas, and Judge CARTER President Obama’s budget, and you can We’ve got some of the best restaurants usually has some very interesting per- see the first year of President Obama’s in the world in New Orleans, and that spectives and a little bit of straight budget is a record. It was $1.7 trillion. is an undisputed fact, and I’m very shooting and straight talk. Just on Friday of last week, the Con- proud of that fact, but if I were to de- Judge CARTER, please join us. gressional Budget Office updated the cide tomorrow to go out every single Mr. CARTER. I thank the gentleman numbers because they recognize now night and eat at these world-class res- for yielding. there is even more deficit spending, taurants and, let’s say, starting tomor- Actually I have been listening to and they recognize the fact that now row and for a couple of days that I what you have got to say, and I think there will be over $1.9 trillion of deficit gained about 40 pounds while eating it is a really interesting concept, but it spending just in President Obama’s out and I say I’m going to cut my is not one we haven’t seen before. first budget. weight gain in half, after a couple of When I first came to this Congress This is not a budget President Bush weeks, I’m down to a 20-pound in- when the Republicans were in the ma- proposed. In fact, President Bush’s last crease. Well, at that point, I’m still 20 jority, I happened to be on the Edu- budget, as you can see, was somewhere pounds heavier than when I started. cation and Workforce Committee, and No Child Left Behind, everybody was in the $400 billion number, a number b 1845 I’m not comfortable and, I’m sure, that screaming they would need more my friend from Missouri is not com- And so what happens is he starts off money. I don’t remember the funding fortable with. by raising, by actually going on, in- numbers, but they were something like Mr. AKIN. Reclaiming my time, we stead of an eating binge where you can $8 billion. So we decided we would ac- have gone from $400 billion to $1.7 tril- get some good enjoyment out of the celerate that to $10 billion because it lion? food, he goes on a spending binge was needed. Mr. SCALISE. More than tripling the spending money that we don’t have, The minority offered an amendment deficit in just 1 year, and this is the that our children and grandchildren to make it $15 billion and then put out latest projection. Now it is $1.9 trillion, who, I am sure, would not approve of a press release that said, ‘‘Republicans roughly, in deficit spending that Presi- this. And, of course, I have got a 2- cut No Child Left Behind $5 billion.’’ dent Obama’s budget has. year-old daughter. Nobody’s asked her And they never changed it. And I kept Clearly, this is not an inherited num- if she approves of this spending because saying, Wait a minute. That’s not ber. This is something that he has pro- she is going to have to pay for it. And right. We raised it $2 billion. posed spending and that we are going yet they go on this spending binge in But from their proposal—which is the to fight. We are actively fighting it the first year and continue it all the right proposal—if you look at this over right now. I think, if you look across way out through the full 4-year term of here, I mean, it is pretty obvious in the country, the American people are President Obama. those out-years, that line is half as big seeing what these record deficits would In fact, the Congressional Budget Of- as this big line. It is actually less than mean. When the President says—and he fice has estimated that in the first 51⁄2 half as big, if you look at this. Nobody said it again last night—that he wants years since President Obama took the is lying right here. I cut this line more to cut the deficit in half, I think a lot oath of office, the national debt will than half. Of course, it exceeds this of people are starting to realize now double in those 5 years—double from line and far exceeds this line and far that what he is saying is kind of a play the point that this country started, exceeds this line. on words, because he is not talking going back to George Washington So to say before you propose a budg- about cutting the deficit in half from through President Bush, all the debt et, you’re going to cut the spending in the deficit that he truly inherited. He that has been inherited in our country half, and then you say but first I am inherited a $400 billion deficit—again, a for that entire period of time, over 230 going to jack it up 21⁄2 times and I am number that, I think, is too high. years, President Obama, in just 51⁄2 going to raise it down to this level. No- So, if we agree that that number is years, will double that record level of body is telling a story. It’s half this. too high and the President, himself— debt. But this is the record of all-time and of course, he was a Senator for the Mr. AKIN. Reclaiming my time. spending in the history of the Republic. last 4 years, and he voted for some of We have a chart here. It is kind of an It is not half of this, which is the these budgets—agrees that a $400 bil- interesting chart in a way in that these Democratic Congress with Bush, or lion deficit is too high and he wants to are all of our Presidents. You start half of this, the Republican Congress cut it in half, then you would think over here with George Washington and with Bush. But it’s half of this, which that means he is going to have a $200 you end up down here with President is President Obama with a Democrat billion deficit, but that is not what is Bush. And if you add all of the debt Congress. I think that’s an interesting happening in his budget. that all of these Presidents all the way concept. He actually proposes in his very first through Bush put together every time Mr. AKIN. We’ve heard about how year a $1.7 trillion deficit, triple the when they overspent the family budg- bad Republicans and President Bush budget deficit that he ‘‘inherited.’’ By et, if you will, and you keep adding all were, so I just made a couple of real his fourth year, he is still over $1 tril- of that together, you come up with $5.8 simple comparisons. lion now in deficits. So, clearly, he is trillion, which is bad. We shouldn’t This is the average annual deficit not cutting it in half. He has raised the overspend that way. under President Bush, and it was $300 bar the first year to a record-level-high But here, take a look at just from billion. Now we don’t like that. But deficit, and still his fourth year is more 2009 to 2016. That’s not so many years. that was what the deficit was on an av- than double the deficit that he inher- We’re only talking about, what is that, erage under the Bush years—$300 bil- ited in the first year. 7 years. That’s assuming, let’s say he lion. Mr. AKIN. Reclaiming my time, that were President for 8 years and so this Now under Barack Obama’s proposed is really clever politically. So, in other is all during his Presidency. What he’s budget—these are his numbers; we’re words, what you’re saying is the first proposing is $8.7 trillion. So he’s going not doctoring them—this is what he’s year, you kick it up—and it is what- to create more debt in 7 years than we proposing. His annual deficit is going ever it is, three or four times more have in 232 years of all the previous to be 600. He’s doubled the deficit of than it has ever been for a long, long Presidents. This is kind of getting seri- President Bush. And we heard all of time—and then you say, ‘‘But I am ous. this stuff about how bad Bush’s spend- going to cut it back so it’s just a lot I have noticed that we’re joined in ing level is. Here is another way of say- more than it has ever been.’’ the Chamber here by a judge. You ing it. Mr. SCALISE. I’ll give my friend know, judges are kind of sober and The highest deficit under George from Missouri an example. I come from straightforward. And this guy is a Bush happened to be 2008, and that, of

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And gave us a State of the Union or State the debt, from 2000 to 2008, $2.5 trillion. we don’t have to keep spending. of the State, whatever the address was But take a look under Barack Obama, We did the $300-some billion bank called, he said, Look. I am going to we’re looking at almost double. bailout. That water is over the dam or guarantee you something. If you’re So everywhere down the line we’re down the river, however you want to making less than $250,000, I have got doubling. And we are not fighting the look at it. And that porkulus bill at al- good news for you. I am not going to war in Iraq, and we’re pulling the war most $800 billion, you know, you’re tax you. in Iraq back, and we’re, in fact, dou- talking about more than the war in He said that. We were sitting in here. bling everything. Iraq and Afghanistan added together. And then he’s proposing this cap-and- So these numbers really need some We’re talking about just 5 weeks here trade which really is a tax on the use attention, I think, and I appreciate in the Chamber, and we have gone of energy, particularly carbon. your sharing. hugely into debt. And who is it that uses this carbon? I would yield to the gentleman from I am on Armed Services. One of the Well, anybody who’s got a house that’s Louisiana. most expensive things we buy on my heated with fuel oil or coal or elec- Mr. SCALISE. As we look at all of committee is aircraft carriers. We have tricity or natural gas. All of those these numbers—and, of course, it can 11 of them in the U.S.A., and this bill, things are going to get taxed. become overwhelming. It looks like for $800 billion, we could get 250 air- So this little tax, this $646 billion something that’s almost hard to be- craft carriers. End-to-end I can’t even tax, is going to come from somebody. lieve when you look at these record imagine how many aircraft carriers Guess who? The average homeowner. In levels. But I think all across the coun- that would be. We only have 11. The fact, it has been estimated by one orga- try what you’re seeing is people really debt service and the money would buy nization that you’re talking about are looking at this level of spending, 9 brand new aircraft carriers. We’re $3,100 per average household. That’s and it is something that people don’t talking a lot of money, and the Amer- some money for a lot of us. want to stomach. It’s something that ican public is starting to get wise to Mr. CARTER. If you look at that, di- they don’t feel comfortable with. They this deal. vide that $3,100 by 12, it’s, what—I am realize how reckless this level of spend- Mr. CARTER. I was thinking as you not a mathematician—about $300. ing is. all were talking, these numbers will Mr. AKIN. Three hundred dollars a In fact, all across the country right glaze over the eyes of almost anybody month. now we’re starting to see TEA parties listening to them because there is such Mr. CARTER. A $300-a-month in- sprouting up. These are things that a tremendous amount of money that crease in your fuel bill. aren’t being even organized. There was people just kind of go, whoa, this is Now, the way to remember all of one I heard of in Orlando, Florida, the more than I can think about. And I this, when you think of this national other day. Two housewives got very think that could happen. energy tax that they are proposing, is angry. They got mad. They wanted to There’s been several examples that from now until we get through with channel all their anger that’s been have been coming out. Recently I saw this debate, every time you turn off a going on in Washington and all of the one in either Roll Call or The Hill, just light or turn on a light, realize that borrowing from our children and grand- the day before yesterday, where they you have increased out of your pocket children, and they decided they were were talking about if you spent a dol- probably 50 cents. Every time you turn just going to put together a protest lar a second, that 32,000 years from now one on and maybe if you turn it off against all of this spending. Over 3,000 you would have spent $1 trillion. you’re saving 50 cents. But the bottom line is about $300 a people showed up at this rally. In my Mr. AKIN. Thirty-two thousand month, next month, if this tax were to district on April 15 in the largest par- years? Now, wait a minute. What year go into effect, would be coming out of ish in Louisiana they are planning a is this? This is 2009 and you’re saying your pocket. Okay. It wouldn’t be TEA party. 32,000? They are also planning another one Mr. CARTER. Yes. Thirty-two thou- something you did. And the real issue in a place called St. Tammany because sand years from now you’d spend $1 is more important because let me point people are angry about the spending. trillion. out, and I pointed this out the other They want to stop this because the Mr. AKIN. This isn’t the year of night. Everything in this room was brought good news is—and as we have been 32,000. This is the year 2009. Mr. CARTER. It’s a number that to you by a truck, including the talking about all of this there is a sil- shakes the imagination. clothes on your back and the food that ver lining—and the silver lining is this But there is more in this budget that you ate for lunch. And that truck ran budget has not passed yet. This budget we ought to be talking about that I on diesel, and diesel is going to be has been proposed by President Obama, think and I want to suggest, do you taxed. Therefore, that tax is going to but I think as he’s laid it out there, not have information about this carbon be passed on to who? The consumer. just Republicans but Democrats, Inde- tax? So everything in here is going to go pendents all across the country are Mr. AKIN. Oh, yeah. up by a percentage. speaking up just like we are here to- Mr. CARTER. Let’s talk about the Mr. AKIN. If you buy a chair or a night on the House floor. People all carbon tax because I think that’s some- table or a microphone, anything that across the country are speaking up thing that people can relate to. you see sitting around us, you’re going saying, Enough is enough. Stop this Mr. AKIN. Reclaiming my time. to move that by rail. runaway spending. And I think that’s The special hour that the Democrats Mr. CARTER. Or the wood or the encouraging because there is an oppor- did just before we came on here, they plumbing or the cement or the carpet tunity to slow this train down to re- were talking about the glories and the or the clothing or the food you eat. gain fiscal responsibility. benefits of this carbon tax and all the Mr. AKIN. There is energy tied up in Mr. AKIN. You talked about the TEA things they’re doing with renewables everything. And it’s all going up. party. We were flushing a little tea and those kinds of things. But a tax is Mr. CARTER. Just the transpor- down the Mississippi River from St. a tax is a tax. tation costs are going to go up. Louis. We had a TEA party, too, and I What we’re talking about here is this People need to realize if it’s raising don’t know whether that’s gotten down thing that’s called cap-and-trade. I your heating bill and air-conditioning

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I can tell you one thing pane and electricity. tion is in Brazil. So they’re not even about steel mills, they use energy. Mr. CARTER. And coal. looking in the United States if they They use a lot of energy. If you’re Mr. AKIN. We’re talking about the don’t go to this location. going to put this big, whopping tax in- price of all of the things that that en- Mr. AKIN. Reclaiming my time a sec- crease on energy, guess what you’re ergy goes into as well. ond, what you are saying is you’ve got going to do. You’re going to do the same thing that’s going on here. You b 1900 some very hard manufacturing jobs. These are the kind that support other are sending jobs straight out of our That would affect small businesses, jobs in the community. You’re talking country, and that’s not what we should too. I yield to my good friend from about steel mill. You’re talking about be doing in these economic times. It Louisiana and I know that you have production. You’re talking about a lot makes no common sense whatsoever. had some small business experience. of investment, good solid jobs in the Mr. CARTER. If the gentleman would Maybe you can share your thoughts community, and your competition is yield for just a moment, in the Wash- about does this make sense for us to be not Missouri, is it? ington Post a couple of weeks ago, I doing this great big tax increase on en- Mr. SCALISE. The competition is not saw an article about Germany, and ergy when the economy is struggling? Missouri. In fact, the only competition Germany has had a cap-and-tax proce- Does that make sense to you? I yield. is really the United States Congress is dure over there now for 5 years. I be- Mr. SCALISE. It absolutely does not because what this company has said is lieve that’s what the article said. make sense to be doing this in good they want to build this plant in the Mr. AKIN. And how well is it work- times or in bad, but especially when we United States. They want to keep these ing? talk about the economic times our jobs in the United States. This is a $2 Mr. CARTER. Well, according to the country’s facing, where unemployment billion investment, and we’re not talk- scientists, they actually are putting more carbon in the air and in the at- is going up and just exceeded 8 percent ing about government money. We’re mosphere since they put the cap-and- nationally. not talking about bailouts. It seems trade proceedings in because those The estimates that are just starting like some people in the White House companies that were dirty could just to come out on the President’s cap- and the leadership in Congress, they pay the tax and continue to be dirty. If and-trade—and he calls it a cap-and- only want to give taxpayer money you have got a dirty plant that’s put- trade bill, but clearly, this is an energy away to people to create jobs. ting carbon dioxide, if it’s bad, into the tax, a tax on energy to the tune, ac- This is a private company that wants atmosphere and they say, well, fine, cording to the President’s budget, and to spend $2 billion of their own money how much is the tax, here’s the tax, I this is not our number. This is the to build this steel plant which would will pass it on to my customers down numbers that the President gave us. He create 700 good, high-paying jobs, and here that are buying my product, does expects to generate over $640 billion in they want to do that here in United that keep this stuff from going into the new revenue through this energy tax, States. And they said there’s one thing and this is something that’s going to air? No. It’s still there in the air. holding them back, and that’s the Mr. AKIN. Reclaiming my time, what be paid for by every American family. President cap-and-trade plan. If the you’re talking about, we see this when His budget director, Peter Orszag, a President’s cap-and-trade plan, the en- you really look at legislation we pass year ago when he was working for the ergy tax, passes, they will not be able all the time, we pass legislation that’s Congressional Budget Office actually to build that plant in the United supposed to do one thing, and fre- said this type of plan, this cap-and- States. quently it does the exact opposite. You trade energy tax, would cost every Now, that plant will still be built. So know what I’m thinking, if I’m from American family that uses energy people that think that this plant’s the good old State of Missouri, we have roughly $1,200 a month minimum more going to do some damage to the envi- plenty of guys. There’s a lot of oak in their electricity bill. Plus, anything ronment, first of all, they don’t have trees and a lot of chain saws, and you that is produced by energy, any prod- science backing them up on that. But if all of the sudden start taxing people’s uct that’s produced by energy, would they think that, first of all, they’re natural gas or their propane or if they also increase in cost because this tax wrong because that plant will be built, have electric heat pumps and things would be passed on. but it’s going to be built in Brazil. and their family budget gets tight, And so, as the judge said, these Those 700 good, high-paying jobs, the $2 guess what’s going to happen. That old, goods, food, clothes, anything that’s billion of private sector investment dead oak tree out behind in the back shipped by rail, by car, by truck, by will all be sent to Brazil. And Brazil’s 40, they’re going to get that chain saw, ship, all of these goods will be taxed not going to use the same environ- they’re going to fire that thing up, and through this energy tax, the cost being mental controls, the same safeguards they’re going to get themselves a big, passed on to the consumer. that we would use if that plant was run old, wood burning stove. And it may What’s more, early estimates in the here. not be very efficient, and they’re going first year alone, numbers we got from So that’s a real direct example, and to really put some CO2 out. the U.S. Chamber of Commerce, showed that’s one example. That’s one of And the thing that is supposed to be that we would lose, the United States, countless examples of what the Presi- not making CO2, instead of building a would lose over 600,000 jobs that would dent’s cap-and-trade energy tax would nuclear plant that makes no CO2, leave this country. And we talk about do, not only to raise taxes on every which is if you were really serious that the dangers of exporting jobs, losing American family, as even his own you’re worried about CO2, well, then jobs to foreign countries. Countries budget director pointed out, but also you’d want to go with a nuclear be- like China and India are not be going the direct loss in American jobs that cause it makes no CO2. But by doing to be complying with this tax. would be shipped overseas if this plan this tax, all that’s going to happen, I will give you an example of a busi- passed. And this isn’t something that we’re going to make more CO2. It ness, an opportunity, that is delayed we’re just coming up with. This is doesn’t even make a whole lot of sense, right now, a job-creating opportunity something a corporation has said pub- does it? in a time when we want to be creating licly that they want to spend $2 billion Mr. CARTER. It doesn’t make sense. jobs. In south Louisiana, there is a to create 700 jobs here in America. And the other thing is, at least some

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So are we going to have a This country has been through a lot of try, but what we’ve got to be very care- little monitor that sits right here that crises, and we’re in a whale of a crisis ful about as we discuss the dangers of monitors how much carbon we breathe now because of mismanagement. That this spending proposal and these taxes as we go through the day? doesn’t mean we have to keep going is what it does to future generations. It’s ridiculous to talk about taxing down the same, dumb path that didn’t And there’s one final chart I wanted something like that if it’s not pre- work for FDR. It didn’t work for the to show, and that is what President venting the situation. You’re right, nu- Japanese. We need to go for the things Obama’s budget does to raid the Social clear is a major solution to big power. that work. Security trust fund. This is a promise I’m all for alternative vehicles, and So what we are saying is we’re op- that was made not only to our senior they will be a solution at some time posed to stuff that doesn’t work. We citizens of today but to our workers of that will help a lot and let’s do it. But love our country, and we know how to today and our children of tomorrow if we don’t have an electrical engine big make it better. they want to expect that Social Secu- enough to pull a big load down the Mr. CARTER. If the gentleman yield, rity program to be there for them, that highway unless it’s a ship engine which here’s not a ‘‘no’’ issue on the CO2 but they’re paying into right now. is as big as this room. an opportunity. We right now know The fact, President Obama’s budget So we’ve got to be practical about that we can recapture oil in played out in the first four years takes over $200 this stuff and say, all energy sources, oil fields by charging those oil fields billion a year out of the Social Secu- let’s clean them up, make them as good with, guess what, CO2. So there’s an in- rity trust fund. It actually raids those as we can, but let’s continue to thrive dustry out there for capturing CO2 and funds after the first four years of Presi- by being the most productive place on charging oil fields with it. Louisiana dent Obama’s term in office. He would the face of the globe. knows about it, Texas knows about it, raid over $900 billion from the Social Mr. AKIN. Just reclaiming my time, and so does the rest of the world. Security trust fund alone, and then, of you know, the thing I’d like—we’re That means if you put together a course, he still goes other places. He going to be wrapping things up here plant that captures the CO2, rather tries to sell debts to countries like pretty soon, and one of the things than paying a tax so you release it in China. sometimes that there’s some that the atmosphere, and then you take it We just saw today—today, something would like to portray us as being just and put it in trucks and take it down very frightening happened. The mar- say ‘‘no’’ on everything. I think we there and put it in the oil fields, you kets reacted very negatively to it. need to deal with that for just a actually produce more of the oil and They went out and tried to sell debt, as minute in our discussion here. gas energy that’s in the ground, and the country does throughout the course It’s not that we think ‘‘no’’ on every- the CO2 is in the ground. That will ac- of each week. A few times a week the thing. We really think ‘‘yes’’ on every- tually keep CO2 out of the environ- country goes and actually sells debt. thing, on a whole lot of things. We just ment. b 1915 don’t believe that the solution to the Mr. AKIN. That seems like a whole economic problems that have been cre- lot better idea than taxing everybody When they went today to sell debt, ated by these bad loans and bad mort- that uses any form of energy and add- the number of people that wanted to gages and things, which were a failed ing that to the price of everything else. buy that debt dropped to a low level— socialist policy, there was no failure of That’s just brutal in a rough economy. dangerously low level—and in fact they free enterprise. We don’t think the so- There’s a lot of families in my district had to pull back. And you saw the mar- lution to the economy is just spending that are hurting, and to be doing this kets drop dramatically because I think tons and tons of money. And so that kind of budget imbalance, take a look it is a sign. It’s a sign that people are doesn’t make us just ‘‘no.’’ at this, these are President after Presi- very concerned about these runaway There are ways to get an economy dent after President, you can see, you deficits and what this is going to do to that’s in a recession getting it going, know, this is the wrong track. This is the value of the dollar down the road. and we’ve seen examples of people that just not the way to do something. The And that’s why we’ve got to be fiscally have done it. Why don’t we copy what gentleman from Louisiana. responsible. We’ve got to say ‘‘yes’’ to works? JFK did it, Ronald Reagan did Mr. SCALISE. There are a lot of fiscal responsibility and stop this out- it, and Bush 2 did it in some of the tax things that we are saying ‘‘yes’’ to. We of-control spending that is going on in cuts. If you do tax cuts and you cut are saying ‘‘yes’’ to fiscal responsi- Washington. Federal spending and you allow small bility. We’re saying ‘‘yes’’ to lower Mr. AKIN. I guess you could say we business entrepreneurs, investors to taxes. I think people all across the are spending too much, we are taxing have enough liquidity to invest, then country are saying ‘‘yes’’ to that, too, too much, we are borrowing too much. you can get the economy going. and that’s why they’re all pointing to That is kind of a summary of it. And so we’ve got a bunch of different Washington, and they’re saying, ‘‘no,’’ If you just take a look at these bar kinds of solutions, but the bottom line don’t continue going down this road of charts about the budget imbalance, is you’ve got to back off on the Federal runaway spending, runaway deficit, you can see that. This is not the equa- Government sucking all of the liquid- runaway borrowing from our children tion of how to fix an economy that’s in ity out of the economy, and you have and grandchildren. trouble. That’s not what JFK did. got to allow small businesses to invest. We can pursue new technologies, as That’s not what Ronald Reagan did. And you don’t do that by taxing them the judge talked about. There are com- That’s not what Bush II did to stop to death, taxing them on their energy, panies right now pursuing technologies those recessions. This is even worse taxing anybody who makes over for carbon capture and sequestration than what FDR did. $250,000. That’s more than half of the where they literally would be going The problem we have is if something small business owners in the country. into those coal plants and capturing doesn’t work, it just doesn’t work. It’s And so we’ve got a solution, don’t the carbon and storing it, holding on to not like you’re being negative. You’re we? It’s not like we’re saying ‘‘no.’’ Our it so it doesn’t go into the air. We’re saying, Look, it’s never worked in his- solution is straightforward. You have pursuing and continuing to encourage tory. What we have to do is go back to to allow the investors and the small the development of wind power, of nu- the time-tested principles of the coun- businesspeople to have enough liquid- clear power, of solar power, but all of try we love—and that’s just to trust

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Under But the key is both formulas cut been sleeping under a park bench 10 the Speaker’s announced policy of Jan- taxes and cut spending and the econ- years before and some guy and his wife uary 6, 2009, the gentleman from Texas omy will blossom. It has and it will. realize they’re millionaires and they (Mr. CARTER) is recognized for 60 min- And it always has and always will. didn’t even know it was going to hap- utes. That’s what the message is about. pen to them. That’s what this country Mr. CARTER. Thank you, Mr. Speak- People say, Well, that’s the same old is all about. er. thing. I’m sorry, but let’s be honest. The government can never create any I enjoyed visiting with my neighbors Let’s look at the last 8 years and then wealth but, boy, we can sure keep and talking in the previous hour. They look at any time in the history of the other people from ever doing any by are welcome to join me if they would country where you were involved in overtaxing them. like to talk some more. two major wars, came in with a reces- Mr. CARTER. I’m glad you made I’m going to be joined here in a sion, and had the largest single weath- that point. What makes America great minute by a good colleague of mine, er disaster in the history of the Repub- is the giving of the opportunity to suc- LOUIE GOHMERT, a Congressman from lic in an 8-year period, and yet the ceed. The parents right now that are east Texas, and we are going to talk economy after the first three quarters sending their children off to college about an idea that LOUIE has got. It’s grew every quarter up until the last and times are tight. Now they’re not an idea that an awful lot of people find quarter of the Bush administration. throwing money out the window for interesting. It’s the idea that maybe This is what you look at to say: Are we other projects. They’re not going out the easiest way in the world to get in a recession or are we not in a reces- and buying five flat screen TVs as a money in the hands of the American sion? Are we growing? We were always good idea to make things better for people is to just give them their own growing. We are not growing now. No- themselves. No. They’re saving that money. body’s anticipating we’re going to grow money. They’re cutting those costs. It’s not real complicated. It’s pretty for the rest of this year, although some They’re not eating out every night. simple. But I want to let him talk to say maybe around Christmas Santa They’re doing these things so that they you about it because the option that Claus is going to bring us some growth. can do the projects that they want to we’ve got right now is that as we look And maybe he is. But I have my do, which is send their kids to college. at that stimulus package that was sup- doubts. That’s normal budgeting. What we’re posed to stimulate the economy, and if My friend LOUIE GOHMERT, who doing here, what the President’s pro- you look closely at it—and I don’t should be here in a few minutes, has posing is not commonsense budgeting. want anybody to take my word for it. basically said, You know, if you want It’s voodoo economics. I want you to go to the library or on to stimulate the economy, there’s an Mr. AKIN. It strikes me as it may be the Internet and pull either a review of easy way to do it. Let’s just give people worse than that. What we’re doing that bill, or that bill, and look into it a tax holiday. Just tell them for a cou- here, we’re killing the American and see how the money is spent. And ple of months, You don’t have to pay Dream. That is what’s going on. We’re you will see that it’s spent on indus- taxes. You get your full paycheck. You killing the dream for people that want- tries that don’t exist, but maybe they know what? That might just be the so- ed to come to this country, own their can make them exist. It’s spent on lution. own house, be able to send their kids to things that people wish existed, and So I’m looking forward to LOUIE get a better education than they got maybe they can exist. But they are in- talking about this tax holiday. In the before. vesting in those things. meantime, let’s talk about the budget This is a country that is so unlike Maybe they won’t create jobs over just a little bit and what we’re looking anything else in the world. We are such the next 5 years, but maybe they will at. a special country. We are unique in so create jobs in the next 10 years. That’s I see that one of my classmates is many different ways. Whenever you see great, except that stimulus is supposed here, all dressed up and looking dapper. there’s a tsunami or hurricane, you see to be about now. It’s supposed to be Doctor, would you like to let me yield our people out there helping. We’ve about doing it right now. If you believe you a little bit of time to say a couple been a bastion of freedom for people all that the economy gets saved by spend- of things? around the world. They look at Amer- ing money, you need to spend the Dr. PHIL GINGREY. ica and say, Hey those Americans have money now to stimulate the economy. Mr. GINGREY of Georgia. Mr. Speak- got it down. You could live the Amer- If you’re not, then you’re putting off er, I appreciate very much my good ican Dream over there. They come the rescue that you anticipate. friend JOHN CARTER for yielding time. I flooding into our country. We’re wor- I would argue, however, that govern- know I came in kind of late in the dis- ried about the immigration because ment spending was tried very exten- cussion, but I had a couple of things they understand what this country has sively from 1931 until 1941, and the un- that I wanted to offer as suggestions. always been about. It’s never been employment in 1939, according to the As we look at the budget and what about this kind of stuff—this irrespon- Secretary of the Treasury at the time, President Obama and the Democratic sible, runaway government spending. was the same as it had been in 1931. In majority want to do in regard to spend- This is killing the dream that Ameri- that 10-year period, the largest expend- ing, it’s based on some projections. I cans have always come to believe in. itures in the history of the Republic at was watching television this weekend I yield to my friend from Louisiana. the time—we’re fixing to top those to- and I think the chairperson of the Mr. SCALISE. Thank you. I see our morrow—but at the time had been Council of Economic Advisers, Chris- time has about expired, but I think the spent, and we had not gotten out of tina Romer, was saying over and over important note that we’re finishing on, what is called the Great Depression. how confident she was that this budget and I appreciate your passion because I want to make a point, too, that and this plan of stimulating and restor- there are so many people that are pas- what TODD said in the other hour that ing the vigor in the economy would sionate, and that’s what’s great about I think is important that you hear. I work and that the President would be this country, and we can stop this run- want to tell you because I believe it’s able to afford to cut taxes, let the Bush away train by continuing to have this important that anybody that stands up tax cuts expire, and that the GDP debate tonight. here, confess your own sins. would grow and be robust.

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Why don’t ward a good plan—a place where those tions. we put some triggers on this budget who have seen their 401(k)s go to We have proposed suspending capital and say that you can’t let those tax 201(k)s, as we like to joke, that they be gains tax. That would bring in a tre- cuts expire until you’ve had two or able to invest in people who would offer mendous influx of cash offshore that is three consecutive 4 percent or more a group—but become involved in buy- just sitting there. It would bring in a growth in the GDP and until the unem- ing these at 5 percent down and 50 per- tremendous influx of cash into the fi- ployment rate comes back down to 6 cent of the profits, these bad assets. nancial system that would be placed in banks so that they would have money percent. If you’re that confident in b 1930 your program, put those triggers in to capitalize loans. And, it would help there. But don’t let the guys that put us stop some of the problems that we have If my colleague will continue to here get out of the mess and make 50 with frozen credit markets in this yield, I’ve got one other suggestion, percent of the profit for a 5 percent in- country. and that’s based on this new program vestment. As my friend from back We have proposed suspending the that we heard from Secretary Geithner home said, it is criminal. And I agree mark-to-market accounting that the and the Federal Reserve in regard to with you, I think that may be part of Federal regulators are still requiring buying those toxic assets or troubled what the plan is. And it frightens me the banks to go by, which is continuing assets. They want the government to with this bonus money we have already to freeze up assets so that banks can- go—we, the taxpayers, Mr. Speaker—to battled with that someone would plan not lend out money to people with good go into partnership with the private a $1 trillion expenditure of our Federal credit. It makes absolutely no sense. sector. But who they mean by the pri- funds that basically is going to prop up We need to suspend mark-to-market vate sector is these Wall Street Fat the very guys that put us in this mess. and find some other means of account- Cats—maybe some of them who got us Mr. GINGREY of Georgia. If the gen- ing that makes sense, that doesn’t just in trouble in the first place. They’ve tleman would yield for just 15 more totally torpedo the capital assets of all got cash on the sidelines. So they go seconds. I want to pay attribution to these financial institutions. into this partnership with the Federal my colleague, a financial wizard, real- Republicans have presented these Government but they get the best end ly, and a good friend, Tom Garr from plans. Unfortunately, the leadership, of the deal and we, the taxpayer—my Marietta, Georgia in the 11th Congres- last year President Bush and under the colleagues may have already gone over sional District. Because it is, Mr. directions of Hank Paulson, wouldn’t this, Mr. Speaker—but it’s like the pri- Speaker, our constituents a lot of even listen to us. They wouldn’t con- vate sector has everything to gain, times that bring us these great ideas. sider those things. And it is one of the very little to lose, and the public sec- And we think we know everything up big mistakes I think that the last ad- tor—we, the taxpayer—has very little here in the halls of Congress, and some- ministration made. But, more impor- to gain and quite a lot to potentially times we don’t, or a lot of times we tantly, we see the same kind of policy lose. don’t and it gets to be bizarro world, I coming on right now today through Here’s what I would suggest. If it’s so call it. Even though the President is a Secretary of Treasury, as well as this good a program, why don’t we just sim- great basketball fan, there is no place current administration, as well as the ply do this: To every person in this in this Congress or over down there on leadership here in this House. And we country who has an IRA or 401(k), Pennsylvania Avenue for March Mad- as Republicans presented proposal after maybe they’re retired, to be able then ness. It seems like that is what we proposal after proposal, and the leader- for a one-time deal to put up to 10,000 have had here for the last couple or 3 ship here in this House and in the Sen- extra dollars in their IRA and put that weeks, and we need to get over that ate have been obstructionist. They will into a government fund and let them and move on. And I yield back to my not listen to any other alternative but have the opportunity to invest in these friend. their own steamroller of socialism that troubled assets. Let the public invest Mr. CARTER. I am going to yield is being shoved down the throats of the and not just give this sweetheart deal some time to another good Georgian, American public. And it is going to to all these Wall Street Fat Cats and Dr. BROUN, to take as much time as he strangle the American economy. It is we, the taxpayer, who don’t want to be chooses to use. going to choke the American people involved in that, we would not be on Mr. BROUN of Georgia. I want to economically. the hook at all. commend Dr. GINGREY, because we So I commend Dr. GINGREY for a pro- Honestly, I think a lot of people who have been proposing all along some posal of creating a market for these so- have sat here and watched over the last method of trying to develop a market called toxic assets. They have value as year and a half, particularly the last 6 for these toxic assets so that the tax- you, Judge CARTER, and Dr. GINGREY months, Mr. Speaker, their IRA value, payers don’t have to bail out Wall were just discussing, and I applaud their 401(k)s drop by 40 percent, the Street by giving money to the individ- that. value of their home drop by 40 percent, uals that have created this mess We can solve an economic problem, this would give them an opportunity— through their own greed, through seek- and we can do it in the private sector, praise God, hopefully—to recoup some ing their own end and putting the bill without increasing the debt of the Fed- of their money. on the backs of the taxpayers, in fact, eral Government; because the Federal I just wanted to make those sugges- the people who can least afford to have Government is borrowing too much, it tions. It was brought to me by one of that burden put on them, and that is is taxing too much, and it is spending my constituents and a good friend in small business in this country. too much, and we have got to stop it. I my district. I want to remind the Speaker, as well believe very firmly that if we don’t Mr. CARTER. Reclaiming my time, as those here in the House and those have these alternatives considered, it’s pretty amazing because I got an e- listening, that Republicans offered an that it is going to strangle the Amer- mail from a very good friend of mine, a alternative to the TARP bill that was ican economy, it is going to lengthen very good businessman, John Avery presented in the last Congress. Sec- the recession, it is going to deepen the back in my district, basically saying retary of Treasury Hank Paulson was recession, and maybe even push us into exactly the same thing. He said it totally wrong. A lot of us on the Re- a frank depression. And we have got to

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stop it; not only for the good of small them bail themselves out with a 5 per- GOHMERT, my colleague from Texas, business, which is the engine that cre- cent investment. I agree with that. has a proposal that deserves to be ates jobs and is the economic engine That is perfectly good common sense. heard. And so I am going to yield such that pulls along the train of economic And I think every American in Amer- time as my good friend LOUIE GOHMERT prosperity here in America, but also ica would say, I don’t want those guys may choose to use tonight, and I will for the people who are going to be most that created these bad assets to be able just be here to try to help. disserved by this philosophy that the to pay 5 percent of the value that they Mr. GOHMERT. I appreciate my leadership in this House and the Senate are going to set, understand that, and friend from Texas yielding, also a are proposing, and that is, it is going then get 50 percent of the profits when former judge. Actually, he served on to hurt the people on limited incomes, they clean up those assets and sell the bench longer than I did. And, Mr. it is going to hurt the people that are them. And that is what is available po- Speaker, we appreciate the opportunity on the lower end of the economic lad- tentially under the plan that has been to try to point out some of these things der here. We need to help them up the put forward by Secretary Geithner. tonight. ladder by giving them good jobs, good- Now, if he will step up, and I think What struck me months ago was paying jobs. And the policies that have we owe a duty now to tell him the hearing that trillions and trillions of been proposed by this administration, American people don’t want that, so dollars were being committed on behalf particularly this new budget, are going that he can make rules that say all you of the Federal Government to try to to hurt the people that our colleagues guys that bought all these bad assets, help the economy recover. So I wanted on the other side supposedly want to don’t you come in here with your 5 per- to know how much money gets spent help the most. But it is going to hurt cent and try to bail this deal out. We into the Federal Government by tax- those poor people. It is going to help to have other people who want to invest payers just paying their taxes, ordi- put those people in more economic in it. And then a great idea would be nary individual taxpayers. And the an- straits, dire straits, where they are let people who lost on their 401(k)s join swer we got was $1.21 trillion was what going to be struggling even more. investment pools and maybe invest in was expected to be paid from individual So I do congratulate Dr. GINGREY for some of these that might make them taxpayers for the entire year of 2008. bringing us another proposal, one that good money. A 50 percent return on a 5 So I am thinking $1.21 trillion, that makes sense economically, one that percent investment is not a bad deal. is less than supposedly Fed Chairman makes sense to get us out of this eco- Mr. BROUN of Georgia. If the gen- Bernanke and Chairman Paulson and nomic downturn that we are suffering tleman will yield. now Secretary Geithner are commit- under. Mr. CARTER. Yes, I will. ting of our money. Can you imagine Mr. CARTER. Reclaiming my time, if Mr. BROUN of Georgia. I appreciate what would happen with the United I may. Actually, I agree with every- the gentleman for yielding. States’ economy if you just told all the thing you have to say. You made a couple points that I taxpayers in America: No taxes. For And the real point here is that the would like to point out to the folks the whole year of 2008, no taxes. And if American people have common sense. who are listening to us tonight, is that you paid it, you are going to get it We talk about all of this budgetary we have a proposal by the Democratic back; and if you haven’t paid it yet, language here. If we are honest, it is leadership, by Secretary Geithner and don’t worry about it before April 15th, confusing to us, and it is certainly con- by the administration, that is going to because you are getting all your money fusing to the American people. But continue to borrow and borrow and that you have already paid in. they understand that when they have a borrow. And who are they borrowing Can you imagine the cars that would budget shortfall in their budget back from? Short term, they are borrowing be bought, the car dealers and the car home, they have either got to make from China and other foreign entities; manufacturers that would be bailed out more money, work harder and make but long term, they are borrowing from by Americans choosing which car they more money, or they are going to have our children and grandchildren. wanted to buy? That was my thinking. to save. And if they don’t have the op- But, Judge CARTER, you made an ex- That was the thought process. portunity to make more money, they cellent point, a good commonsense I got a message from Newt Gingrich; are going to have to cut back on some- point that people all over this country he liked the idea. He said, what would thing. do when they have economic problems, you do if you added FICA in there? Like I said a minute ago, you know, and that is that they tighten their belt Well, if you added FICA, that is $65 bil- I have talked to people who say, I am and stop spending. And that is exactly lion per month. You could have 2 sending my kid to a State school in what the Federal Government needs to months of allowing every American to Texas, which we are very blessed to do. We need to live on a balanced budg- get back every dime that was being have. They are expensive, but they are et, just like the American people do withheld for Federal withholding, both still reasonable, State schools. And, I every day. Unfortunately, there is not FICA and individual income tax, and have found that if my wife and I will much common sense around here in the do that for 2 months and still have just cut out buying our lunch every Federal Government, and we just see spent less than the $350 billion that the day at work and just take a sack lunch this policy of borrowing and borrowing Obama administration was looking to from home, we have got almost enough and borrowing. We are borrowing way get from the half that was left over. money to pay the tuition. We save al- too much. And all it is going to do is 1945 most enough money to pay the tuition. just continue us into a deeper and b So the American people know how to deeper hole, because you cannot borrow It turns out there was more than half budget. They know how to look at and spend yourself to prosperity. And I left over. There may have been $450 bil- what they have got and what they have think that is a great point that you lion from the original 750. We haven’t got to get, and figure out a way to just made. got the final figures, which is another make it work. And these assets, these so-called reason we all opposed that bailout back So Dr. GINGREY’s suggestion, which toxic assets have value, they have real in September. It was a terrible idea be- happens to be a suggestion of one of my value. They are not zero that the cause it was just too open-ended. constituents, too, is an outstanding mark-to-marketing accounting rules So anyway, Human Events had an ar- suggestion because it basically makes require banks to mark them down to ticle, this was their headline, Nobody sense. Sure as heck, if somebody puts just because they don’t have a market Pays Taxes For 2 Months, the Gohmert the country at risk by their poor deci- today. Tax Holiday Plan. Now one Texas con- sions on investing, then certainly don’t Mr. CARTER. Reclaiming my time. I servative is challenging Congress and let them get the benefit of a govern- think we have made an excellent point the White House with a commonsense ment program spending $1 trillion here, as we both talked about; we came plan that is much more likely to help worth of taxpayers’ money by letting here because our good friend LOUIE our economy recover more than bank

VerDate Mar 15 2010 12:18 Aug 01, 2011 Jkt 079102 PO 00000 Frm 00192 Fmt 0688 Sfmt 0634 E:\BR09\H25MR9.008 H25MR9 erowe on DSK5CLS3C1PROD with BOUND RECORD March 25, 2009 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 7 8775 bailouts or any handouts to car mak- the bottom of your tax form ‘‘exer- and interest. So there ought to be a ers. Two months’ break from income or cising the Rangel Rule,’’ and the IRS number of things, Rangel Rule perhaps, withholding for all taxpayers. The won’t be able to charge you penalties but TurboTax Rule. Maybe that would total cost would be actually less than and interest. They will have to treat also free you up from interest or pen- $350 billion. It is effectively a 70 per- you just like Mr. RANGEL. I thought alty on your taxes. cent tax reduction for a year. that was fair. And I thought I was I yield back to my friend. Also it was indicated by Moody’s being reasonable about that. Mr. CARTER. And I thank you. Economy, they did their own study and Then we have the Secretary of the We have got here, what’s really inter- found that this idea would increase the Treasury come along, and he took a 4- esting is when the IRS gives you the 1-year gross domestic product more year tax holiday on $43,200. Although money to pay the taxes, and gives you than any other plan that involved he did pay some interest, he still hasn’t a form that tells you you owe the taxes. So I thought it was a good idea. had any penalty assessed against him taxes, and says, now here is the check, And then I had my friend, Judge CAR- either. So I guess we could change it to you’re responsible for your own taxes, TER from Texas, point out that appar- the Rangel-Geithner tax holiday or the be sure and pay them, and you sign ently other people had beat me to the Rangel-Geithner Rule. But I just kind that form agreeing to pay them, and tax holiday idea. of like Rangel Rule. It has a nice ring then you say, it was only $42,000, and I Mr. CARTER. I have been on the to it. just forgot. I mean, that is kind of floor of this House talking about the Mr. BROUN of Georgia. Will the gen- what like our friend, Mr. Martin, said. fact that we need to resolve some eth- tleman yield? We make a little bit light of this, and ics problems that are out there so that Let’s call it the Rangel Dangle Rule. we do that because, quite frankly, I we can be sure that we feel comfortable I like that better. don’t want to be accused of being trusting people that are making deci- It seems like people around here mean-spirited. But the facts are that sions around here. And then when my don’t mind, there are a number of peo- we want people that are giving us ideas to save us from what could be an eco- friend, Brother GOHMERT, talked to me ple around here that don’t mind raising nomic disaster. We want them to speak about his tax holiday, I realized that other people’s taxes because they don’t openly and honestly and come from a I’ve been talking about two tax holi- pay any themselves. So I compliment situation that we can trust them. And days now for a month. Mr. RANGEL the gentleman. I appreciate your allow- my whole issue that I have been raising took a tax holiday for $10,800 for 20 ing me to throw in that. But I like are these issues of trust. I am not years. He didn’t pay his taxes on his your Rangel Rule. Can I do that? doing what has been done in the past Dominican Republic rentals for 20 Mr. CARTER. Reclaiming my time, and accusing people of being corrupt years. He took a tax holiday. And then you can certainly sign on to my Rangel and that type of thing. I am not doing when he finally ended up paying them, Rule bill, and we are going to try to get that thing before this Congress, that. he didn’t pay any penalty or any inter- I am pointing out accusations made and we are going to start getting pret- est. So that’s a tax holiday. by other people. And I’m saying that ty serious about getting it done. Mr. GOHMERT. What gets inter- these accusations need to be resolved Mr. GOHMERT. It is really ironic, esting, CNN had this report and had so the American people can trust the but it has been about 30 years ago, the quote from our President. He said, folks they are counting on to fix this back then, a comedian, he wasn’t so ‘‘I campaigned on changing Wash- economy. And the head of the tax com- much an actor back then, I think he ington and bottom-up politics. I don’t mittee of the House of Representatives, had been with a group called the Nitty want to send a message to the Amer- they need to be confident they can ican people that there are two sets of Gritty Dirt Band. But he was out on trust him. Our Ethics Committee needs standards, one for powerful people and his own as a comedian. Steve Martin to finish the investigation and get that one for ordinary folks who are working was originally from Waco, Texas. He done. And if he is exonerated, wonder- every day and paying their taxes.’’ went to Waco High. Anyway, as part of ful. But the American people have the That was February 3, 2009. his comedy schtick, he would say, you right to know. The Americans have the Well, here is a chart that indicates know, I’m going to write a book, ‘‘How right to know, can they trust the Sec- that may have been going on, anyway, to Have $10 Million and Not Pay retary of the Treasury when he doesn’t in spite of what the President said. You Taxes.’’ And then he would lead the au- pay his taxes and he says, ‘‘TurboTax have got some powerful people here dience on. Well, they would want to messed up’’? that have taken a tax holiday for a know, how do you get $10 million and First off, I kind of thought he was in number of years, no penalties, no inter- not pay taxes? He would eventually a pay grade a little higher than est, where on the other side you have say, okay, okay, I’ll let you in on the TurboTax. But the point is, it’s about ordinary folks who are paying their secret how you do it. First, you accept trust. It is about the American people taxes, and that is the quote from our $10 million, which is pretty funny, be- trusting the people they send here. President, ‘‘ordinary folks who are cause nobody just gets themselves $10 That is why I continue to come up here paying their taxes,’’ he said he didn’t million unless you’re a special person every week and talk about these issues want two sets of standards. Well, we or something. And then he said, you of lapse of memory or whatever it may have had two sets of standards. They just don’t pay taxes. This is what Steve be, and they need to be resolved by a don’t get any tax holiday. The leader- Martin said 30 years ago. Just don’t finder of fact, whoever that may be, to ship here has fought it tooth and nail. pay taxes. And if they ever catch you, resolve this issue. If you don’t make your payments, all you have to do is say, ‘‘I forgot.’’ Let me yield to my friend from Geor- there are no excuses. They come after Now, 30 years later, it is basically gia for a moment. you for the penalty and interest and all what we are seeing. People, powerful Mr. BROUN of Georgia. I thank the kinds of stuff to go with it. So, unfor- people. We don’t want two sets of gentleman for yielding. tunately, despite the assurances of the standards, one for powerful people. We were just speaking a few mo- President, there are two standards that Well, the powerful people are able to ments ago about many alternatives have been taking place here. file their forms, and if they have not that have been presented to this House Mr. CARTER. Reclaiming my time paid their taxes, then they could just that would be in the private sector for just 1 minute. write, yes, ‘‘Rangel Rule,’’ or perhaps that wouldn’t borrow from our grand- That has been my exact point. And they could say, ‘‘I forgot.’’ Or ‘‘it was children, and our good friend, Mr. GOH- that is why I introduced legislation to just an honest mistake,’’ or, the favor- MERT, with his Federal tax holiday, has put forward the Rangel Rule. And the ite one apparently of powerful people, provided us with a plan that would Rangel Rule is very simple. Everybody ‘‘Look, I used TurboTax. It’s not my stimulate the economy and help hard- that owes taxes that doesn’t want to fault. TurboTax did that. I didn’t do working Americans without growing pay penalty and interest, just write at it.’’ And then that saves you penalty the size of government.

VerDate Mar 15 2010 12:18 Aug 01, 2011 Jkt 079102 PO 00000 Frm 00193 Fmt 0688 Sfmt 0634 E:\BR09\H25MR9.008 H25MR9 erowe on DSK5CLS3C1PROD with BOUND RECORD 8776 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 7 March 25, 2009 My friend from Texas serves as a con- natives that return power to the people And what I struggled with, as I heard stant reminder that we are spending instead of promoting the Treasury’s our President saying not only are we the people’s money and that policies grab for more and more power, particu- going to make it harder to get energy, like those supported by Secretary larly in view of the fact that it is un- because for folks, Mr. Speaker, that Geithner are just the most recent ex- constitutional and they have no con- might not know at home, today, we amples of policies from this adminis- stitutional authority to do that. I am passed an omnibus land bill that was tration that are not for the people, of very concerned about the Secretary’s 170 different land bills combined into the people, or by the people. grab for power, nationalization of one, 100 of which or so that had not Mr. GOHMERT’s plan is especially nec- banks, nationalization of all busi- been properly through committee proc- essary as Secretary Geithner attempts nesses, such as they want to control ess and had the vetting they required. to increase his power while moving AIG and others. And so many of those put more and away from the dollar, now that he is We have got to stop it. We have a more land off limits to production of apparently open to moving the world steamroller of socialism going on here. energy, took natural gas and oil away. economy towards an IMF-controlled That steamroller of socialism is being It’s going to help raise the price of gas- currency system. Maybe he was at IMF shoved down the throats of the Amer- oline at a time when people have lost too long and he is embracing a world ican people. It is going to strangle the their jobs, other people are cutting currency based on IMF. I believe that American economy. It is going to what they’re willing to take, so that the Secretary of the Treasury needs re- choke the American people economi- others will keep from losing their jobs. minding that we are part of a govern- cally. That steamroller of socialism is It is a tough time for many people. ment that is directed by the Constitu- being driven by NANCY PELOSI, HARRY Now, I really feel like if the Presi- tion of the United States. REID and the President of the United dent would quit spreading the gloom In fact, Congresswoman BACHMANN States. And that steamroller needs a and doom that our President did just yesterday asked him where in the speed bump. It needs a stop sign. start—George Bush went out first and Constitution is the authority that he is b 2000 said, you know, depression’s coming. wanting to claim and expand his pow- But, good grief, you know, President And Mr. GOHMERT’s plan is an excel- ers? He couldn’t answer that because lent plan. In fact, I’m a cosponsor of Obama, with his gifts of communica- there is none there. your bill. And I applaud this ingenious tion, I thought, would help turn that And that document, the Constitu- way of helping to stimulate the econ- around. Then he came in and also tried tion, does not provide for any evolu- omy. And I’m also, should be a cospon- to set the bar low so it would be easier tionary changes in the Secretary’s sor of Judge CARTER’s bill, for the Ran- to get over it. Turns out that’s been power without explicit Congressional gel rule. I love it. I think it’s a com- hurting the economy. Market’s up a approval, and, by extension, approval monsense way of saying that every- little bit this week, but good grief, at from the people of the United States. body should be treated equal under the what price? Look at what’s happened Right now, neither has granted such law. That’s what the Constitution calls in the past. approval. for. Everybody should be treated equal So then when I hear our President This expansion of the powers of the under the law. And if Mr. RANGEL, Mr. say, you know what? We’re going to Treasury Department is a cause of Geithner, and others have the ability cut the amount you can deduct for great concern and should be of great to do that, every American in this charitable deduction. And as I heard concern to every American. I was con- country should have the ability to him, as I heard a replay of the inter- cerned when former Secretary Henry write ‘‘Rangel rule’’ on the bottom of view, he said, basically, that a deduc- Paulson first started us down this path their tax form. And I love it. I think tion shouldn’t be the reason that you towards nationalization and govern- it’s something that just puts a micro- make a contribution to a charity. Well, ment-run industries. And I’m even scopic focus on the problem we have in that’s nice. But it encourages people to more concerned as I stand before the this country today. The powerful, the make charitable deductions. So we American public today and before this elite, want to live in a way that all the start demeaning people who are mak- House today. other people in this country cannot, ing charitable deductions. Goodness, There are many good and justified and it’s wrong. It’s absolutely wrong. they shouldn’t be doing it just to get actions that Congress can take to get And we must stop it. And I congratu- a—you shouldn’t make charitable con- us back on the path to economic pros- late you, Judge CARTER. tributions to get a deduction. So you’re perity, like a Federal tax holiday of Mr. CARTER. Reclaiming my time, going to belittle the people that are Mr. GOHMERT’s. But these recent devel- and I thank you for those comments. helping the charities, when most of us opments, spearheaded by Secretary Now I’d like to yield so much time as know it’s the charities, after a dis- Geithner, are not only ill-advised, but he chooses to consume again to my aster, that can move straight in and they do not begin to fall into the realm friend, LOUIE GOHMERT from Texas. immediately start helping people, not of constitutional duties or authority. Mr. GOHMERT. Thank you. I appre- only in this country, but in other coun- I hope and pray that there is eco- ciate the time. And I appreciate your tries around the world. But whereas nomic success in America’s near fu- leading this debate. the U.S. government, we have to go ture. But I believe that any gains to be Mr. Speaker, it’s good to have a through the government in another made will come in spite of the actions chance to talk about these things. And country, and often, whether it’s a fam- of Treasury Secretary Geithner and I appreciate so much my friend from ine or something, we’ve been propping not because of them. Georgia, Dr. BROUN, points being made. up governments that had no business It is my sincerest hope that people And as he said, this is an incredible being propped up because we’re trying all over this great Nation will contact power grab that’s going on. to get charity to the people, whereas their friends, contact their family and Now, we’ve had, made some light and charities can run right in and take care contract their elected representatives been a little tongue-in-cheek tonight. of it. to tell them to prevent the unconstitu- But it’s a little scary what’s going on. But anyway, I’ve struggled. Now, tional extension of the Secretary’s And when you look at all the things why would the President here, at this power. that have happened so fast in 3 months, time when we’re taking over AIG, tak- I’m pleased that Mr. GOHMERT has led I’m telling you, I had no idea we could ing over the car dealers, taking over the charge today to discuss these com- ever move this far this fast down the Wall Street, why, at this time, would monsense plans to restore power back wrong road. And some say, a road to you choose to limit the deductible of to the people of this country, and I socialized, or to socialism like Europe, charitable contributions? wish that congressional leaders would European socialism. It’s not European And then it hit me. It hit me. It’s all spend much more time considering our, socialism. It’s socialism. That’s what it about the GRE. All about the GRE. the Republicans’, commonsense alter- is. That’s what all of this is about, the

VerDate Mar 15 2010 12:18 Aug 01, 2011 Jkt 079102 PO 00000 Frm 00194 Fmt 0688 Sfmt 0634 E:\BR09\H25MR9.008 H25MR9 erowe on DSK5CLS3C1PROD with BOUND RECORD March 25, 2009 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 7 8777 GRE, the Government Running Every- sure everybody plays by the same So, yeah, we’re worried. And yeah, thing. That’s what it’s about, the Gov- rules, and if they don’t, then punish that’s one of the reasons that I come ernment Running Everything. And them. But we should not be running ev- up here every week and talk about it’s that’s what all of these things are erything, and that’s what we see over time for us to resolve these issues of about. and over. trust. And I want to make it very You know, people in positions that And I hope the American people will clear, I sat here, when we were in the should have known better, not paying think about these things, Mr. Speaker, majority, in the chair that the Speak- taxes. People, I mean, Secretary as they start seeing gas prices go high- er’s in sitting here tonight, and heard Geithner, for goodness sakes. I was on er and higher, at the very same time the term ‘‘corruption’’ used to every a conference call with constituents. we’re putting more and more of our en- member of the Republican Party every One lady I didn’t know before the call ergy, our own energy off limits. And single night. And I’ll tell you, there was telling me she had just retired we’re making, having more and more were some people that deserved it. But from the IRS. She said, IRS employees dictation, this cap-and-tax, going to the vast majority of the people didn’t. are incensed that they now have a boss add thousands of dollars to people’s And those issues got resolved, and they who didn’t pay his taxes when he knew budgets they have to pay when we’ve got it resolved in the Court and they he was supposed to. got a budget here running out of con- got it resolved by the rules of the Re- And she went on to say at one point, trol. And it is deeply disconcerting. publican conference. I’d gone over to the boats at Bossier I know there are some people that There’s nothing resolving the issues City in Louisiana, and won $600. And are saying, well, maybe the American that are being brought up. And there’s when I went to file my tax return and people will forgive the Republicans for lot more than I’ve talked about here filed it, I forgot I had gotten that $600 overspending previously now that today, and I will talk about those too, that I won over there. So I imme- they’ve seen the Democratic majority because nobody’s accusing anybody of diately filed an amended return. And has just more than doubled anything being corrupt, but somebody is saying because I was filing an amended return, Republicans ever did, and give us an- there are accusations that should be under the IRS rules, she said, an IRS other chance. I hope they will. I know resolved. And it’s a trust issue. agent who underpays taxes, no ifs, ands those who were pushing the over- Can the American people trust our or buts, there’s no excuses. You’re spending before have learned their les- economy, trust our soldiers on the bat- fired. That’s it. No recourse. son. tlefield, trust our health care to people She said, I was being fired, and the But the trouble is, I don’t know how who have trust issues with the Amer- only thing that saved me was my su- much more of this damage to the coun- ican people? pervisor pointed out that I had not un- try we can survive for the next year And I think the American people derpaid my taxes. I was getting money and a half before the next election. But should say, whoever’s in charge of re- back, so the amended tax return didn’t I appreciate the chance to point these solving it, resolve it. Tell us, is this actually cause her to have to pay any- out. something we should be concerned And I would yield back to my dear thing. Therefore, she was able to about? Because they are. Or shouldn’t friend, fellow former judge, Judge CAR- scramble, with her supervisor’s help, we be concerned about it? and keep her job over $600, where she’d TER. That’s the reason I’m here. I think paid all the taxes that was due. Mr. CARTER. Reclaiming my time, I that’s the reason Dr. BROUN’s here. But now, everybody else in the IRS thank Judge GOHMERT, Congressman We’re here to say, these are serious has a boss that has done exactly what GOHMERT, for a really heartfelt expla- issues, serious issues for the American she was about to be fired for if she nation of why he is trying to come up people. hadn’t overpaid her taxes. with alternative ideas. It’s the same It isn’t right. And it appears that reason that Dr. BROUN and I are trying I would like to have a little more there are two standards already under to come up with alternative ideas. We time at the end. But I would like to this administration, one for powerful just see this phenomenal number that yield some time to my friend, Dr. people, and then the other one for ordi- is looming on the horizon of expendi- BROUN from Georgia. nary folks who are working every day tures, and we can’t help but be just ab- Mr. BROUN of Georgia. Thank you, and paying their taxes. That isn’t solutely scared to death as to what it Judge CARTER. I appreciate your yield- right. means for our grandchildren. I don’t ing. And we don’t need the government have any right now, but, by golly, I You brought up a whole lot of very, running everything. Look at what plan to, and I want to make sure that very good points here. The American we’ve done. You know, the government when I do, that I’m not leaving them people should not trust this budget should be about making sure there’s a $100,000 a person debt, which is some- that’s being presented because all it’s level playing field so everybody can thing that at least one of the pundits going to do, in my opinion, is deepen play fairly. And then we’re to provide has said, that when they finish with the depression or recession, and prob- for a common defense against enemies, this, every American’s portion of the ably put us into a recession. foreign and domestic. That means debt will be over $100,000. That’s today, I believe very firmly that if there is cheaters. So if people are cheating out without any interest stacking up on it. corruption, people should go to jail. If on the playing field, we move in, we go What’s it going to be for our grand- there are people who we cannot trust, after them. children and our great grandchildren? as Congressman GOHMERT was talking But it turns out we have been so busy Because, believe me, the kind of num- about, if an IRS agent can’t be trusted, trying to tell auto makers how to bers that they, the Obama administra- they’re fired. The American people make cars, trying to tell banks who tion, is putting forward in 60 days, need to be firing people who can’t be they have to loan to, what they have to they’ve done almost $3 trillion. There’s trusted. do, we have been so busy trying to tell another trillion on the drawing board And we, as Republicans, are pre- everybody how to run their life, the that we just heard about that we’re senting a lot of things that the Amer- government running everything, that going to bring out of the Fed, which is ican people can trust in that look to we haven’t been taking care of going ultimately still got to be paid back. the private sector, and will solve this after the cheats like Madoff. That We’re not even looking at the numbers economic problem. I applaud Congress- should never have happened. I don’t that are over in the Fed. And then man GOHMERT’s plan of a 2-month tax care which administration’s in charge. we’ve got a $3.6 trillion budget pro- holiday. That’s the reason I very Apparently it was going on under a lot posed, which supposedly is going to be strongly endorsed his bill. In fact, I more than one. It doesn’t matter. The crammed down our throats next week, presented my own bill, or actually it government needs to quit trying to run without much participation on the side was an amendment to that stimulus or everything. Go after the cheats. Make of the minority. nonstimulus, ‘‘porkulus’’ bill that we

VerDate Mar 15 2010 12:18 Aug 01, 2011 Jkt 079102 PO 00000 Frm 00195 Fmt 0688 Sfmt 0634 E:\BR09\H25MR9.008 H25MR9 erowe on DSK5CLS3C1PROD with BOUND RECORD 8778 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 7 March 25, 2009 had here. My idea was if the Demo- Representatives and will let them EXECUTIVE COMMUNICATIONS, cratic majority was so bent on spend- know how they feel about things and ETC. ing $835 billion, let’s just divide it will give them the good ideas, because Under clause 8 of rule XII, executive amongst the American people who are that is what a representative form of communications were taken from the taxpayers, legal resident taxpayers in government is all about, and that is Speaker’s table and referred as follows: this country, and bail them out, in- why we have a Republic. I am proud to stead of bailing out Wall Street. And if be a small part of this Republic. 1048. A letter from the Assistant Secretary you divide that out, per legal resident With that, I would like to yield back for Installations and Environment, Depart- taxpayer, we would have sent every the balance of my time. ment of the Navy, transmitting notification of the result of a public-private competition, single legal resident taxpayer in this f in accordance with 10 U.S.C. 2462(a); to the country right at $9,000. A couple would Committee on Armed Services. LEAVE OF ABSENCE have got almost $18,000. 1049. A letter from the Director, Regu- b 2015 By unanimous consent, leave of ab- latory Management Division, Environmental sence was granted to: Protection Agency, transmitting the Agen- But the Democratic majority would Mr. WESTMORELAND (at the request of cy’s final rule — Approval and Promulgation not consider my amendment, one Mr. BOEHNER) for today and the bal- of Air Quality Implementation Plans; Dis- which makes sense and one which does ance of the week on account of an ill- trict of Columbia; Update to Materials Incor- not borrow from our grandchildren and porated by Reference [DC103-2051; FRL-8775- ness. put them in hock the way we see with 3] received March 13, 2009, pursuant to 5 this new budget coming forth on this f U.S.C. 801(a)(1)(A); to the Committee on En- ergy and Commerce. floor next week. SPECIAL ORDERS GRANTED So I applaud you, Judge CARTER, for 1050. A letter from the Director, Regu- bringing out these issues of trust. I By unanimous consent, permission to latory Management Division, Environmental Protection Agency, transmitting the Agen- know the American people did not address the House, following the legis- lative program and any special orders cy’s final rule — Approval and Promulgation trust Republicans, and they took us of Air Quality Implementation Plans; Penn- out of the majority in 2006. I was not heretofore entered, was granted to: sylvania; Redesignation of the Greene Coun- here then. In 2008, they actually took (The following Members (at the re- ty 8-Hour Ozone Nonattainment Area to At- more Republicans out of office. quest of Mr. CUMMINGS) to revise and tainment and Approval of the Maintenance We have, I think, presented many extend their remarks and include ex- Plan and 2002 Base-Year Inventory [EPA- things to the American people that traneous material:) R03-OAR-2007-0176; FRL-8777-3] received they can look at, and they can trust Mr. HOYER, for 5 minutes, today. March 13, 2009, pursuant to 5 U.S.C. Mr. CUMMINGS, for 5 minutes, today. 801(a)(1)(A); to the Committee on Energy and the Republicans to bring forth ideas Commerce. and to stand firm on good ethics. On Mr. VAN HOLLEN, for 5 minutes, today. 1051. A letter from the Director, Regu- the trust of the American people, we latory Management Division, Environmental Mr. RUPPERSBERGER, for 5 minutes, are presenting solutions after solutions Protection Agency, transmitting the Agen- that make sense economically and that today. cy’s final rule — Approval and Promulgation do not borrow from our grandchildren, Mr. KRATOVIL, for 5 minutes, today. of Air Quality Implementation Plans; Vir- and hopefully, the American people Ms. WOOLSEY, for 5 minutes, today. ginia; Amendments to the Open Burning will trust us. Ms. SUTTON, for 5 minutes, today. Regulation [EPA-R03-OAR-2007-0200; FRL- I just applaud what you are doing, Mr. SESTAK, for 5 minutes, today. 8773-1] received March 13, 2009, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on En- Judge CARTER. I yield back. Mr. DEFAZIO, for 5 minutes, today. ergy and Commerce. Mr. CARTER. I thank you for your Ms. KAPTUR, for 5 minutes, today. 1052. A letter from the Director, Regu- comments. Mr. SHERMAN, for 5 minutes, today. (The following Members (at the re- latory Management Division, Environmental I want to thank my friends for com- Protection Agency, transmitting the Agen- ing out tonight and for joining me in quest of Mr. GUTHRIE) to revise and ex- cy’s final rule — Approval and Promulgation this hour of talk and discussion. I want tend their remarks and include extra- of Air Quality Implementation Plans; Penn- to thank the Speaker for being patient neous material:) sylvania; Redesignation of the Clearfield/In- with us tonight and for staying here Mr. HUNTER, for 5 minutes, today. diana 8-Hour Ozone Nonattainment Area to with us, and I thank those who work to Mr. POE of Texas, for 5 minutes, April Attainment and Approval of the Mainte- make a recording of what is said here, 1. nance Plan and 2002 Base-Year Inventory Mr. JONES, for 5 minutes, April 1. [EPA-R03-OAR-2007-0624; FRL-8777-4] re- which I happen to know from long ceived March 13, 2009, pursuant to 5 U.S.C. Mr. BURTON of Indiana, for 5 minutes, years of experience is a very difficult 801(a)(1)(A); to the Committee on Energy and job, and I always have a lot of sym- March 30, 31 and April 1. Commerce. Mr. CASSIDY, for 5 minutes, March 30, pathy for the court reporters who have 1053. A letter from the Director, Regu- to take down people who talk like I do, 31 and April 1. latory Management Division, Environmental so I want to give them some credit here Mr. FORBES, for 5 minutes, today. Protection Agency, transmitting the Agen- tonight. Mrs. BIGGERT, for 5 minutes, today. cy’s final rule — Approval and Promulgation I want to thank the American people. (The following Members (at their own of Air Quality Implementation Plans; Ala- To those who did listen in, let’s use request) to revise and extend their re- bama; Update to Materials Incorporated by some common sense, and let’s get ev- marks and include extraneous mate- Reference [AL-200822; FRL-8759-9] received rial:) March 13, 2009, pursuant to 5 U.S.C. erything out on the table, and let’s re- 801(a)(1)(A); to the Committee on Energy and Mr. BARTLETT, for 5 minutes, today. solve any ethics issues we’ve got so Commerce. Ms. EDWARDS of Maryland, for 5 min- that America can trust the people who 1054. A letter from the Director, Regu- are talking to them. If we talk straight utes, today. latory Management Division, Environmental and if we try to come up with straight Mr. FLAKE, for 5 minutes, today. Protection Agency, transmitting the Agen- ideas, I think the American people f cy’s final rule — Approval and Promulgation know that good, solid, commonsense of Implementation Plans; Texas; Revisions ideas can fix things. I hope that they ADJOURNMENT to Permits by Rule and Regulations for Con- will participate in this representative Mr. CARTER. Mr. Speaker, I move trol of Air Pollution by Permits for New Construction or Modification [EPA-R06- form of government by contacting that the House do now adjourn. OAR-2005-TX-0026; FRL-8780-5] received their Representatives and by making The motion was agreed to; accord- March 13, 2009, pursuant to 5 U.S.C. suggestions. I have gotten good ones ingly (at 8 o’clock and 17 minutes 801(a)(1)(A); to the Committee on Energy and from my constituents. They will send p.m.), the House adjourned until to- Commerce. me more good ones, and I hope that ev- morrow, Thursday, March 26, 2009, at 10 1055. A letter from the Director, Regu- erybody in America will contact their a.m. latory Management Division, Environmental

VerDate Mar 15 2010 12:18 Aug 01, 2011 Jkt 079102 PO 00000 Frm 00196 Fmt 0688 Sfmt 0634 E:\BR09\H25MR9.008 H25MR9 erowe on DSK5CLS3C1PROD with BOUND RECORD March 25, 2009 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 7 8779 Protection Agency, transmitting the Agen- 1065. A letter from the Director, Adminis- By Mr. MILLER of North Carolina (for cy’s final rule — Final Determination to Ap- trative Office of the United States Courts, himself, Mr. PRICE of North Carolina, prove Research, Development, and Dem- transmitting the Office’s report entitled, Mr. CASTLE, Mr. HINCHEY, Mr. ELLI- onstration Request for the Salt River Land- ‘‘Report of the Proceedings of the Judicial SON, Ms. MOORE of Wisconsin, and Mr. fill [EPA-R09-RCRA-2008-0354; FRL-8777-9] re- Conference of the United States’’ for the JACKSON of Illinois): ceived March 13, 2009, pursuant to 5 U.S.C. September 2008 session and the June 2008 spe- H.R. 1702. A bill to authorize assistance for 801(a)(1)(A); to the Committee on Energy and cial session; to the Committee on the Judici- affordable housing and sustainable urban de- Commerce. ary. velopment in developing countries, and for 1056. A letter from the Director, Regu- f other purposes; to the Committee on Foreign latory Management Division, Environmental Affairs. Protection Agency, transmitting the Agen- REPORTS OF COMMITTEES ON By Mr. FATTAH: cy’s final rule — Pendimethalin; Pesticide PUBLIC BILLS AND RESOLUTIONS H.R. 1703. A bill to require a study and Tolerances for Emergency Exemptions [EPA- Under clause 2 of rule XIII, reports of comprehensive analytical report on trans- HQ-OPP-2008-0513; FRL-8400-1] received forming America by reforming the Federal March 13, 2009, pursuant to 5 U.S.C. committees were delivered to the Clerk tax code through elimination of all Federal 801(a)(1)(A); to the Committee on Energy and for printing and reference to the proper taxes on individuals and corporations and re- Commerce. calendar, as follows: placing the Federal tax code with a trans- 1057. A letter from the Director, Regu- Mr. OBERSTAR: Committee on Transpor- action fee-based system; to the Committee latory Management Division, Environmental tation and Infrastructure. H.R. 608. A bill to on Ways and Means. Protection Agency, transmitting the Agen- authorize the Board of Regents of the Smith- By Ms. SCHAKOWSKY: cy’s final rule — Pyraclostrobin; Pesticide sonian Institution to carry out certain con- H.R. 1704. A bill to amend the Public Tolerances for Emergency Exemptions [EPA- struction projects, and for other purposes Health Service Act to improve mental and HQ-OPP-2008-0936; FRL-8402-8] received (Rept. 111–53, Pt. 1). Ordered to be printed. behavioral health services on college cam- March 13, 2009, pursuant to 5 U.S.C. f puses; to the Committee on Energy and Com- 801(a)(1)(A); to the Committee on Energy and merce, and in addition to the Committee on Commerce. TIME LIMITATION OF REFERRED Education and Labor, for a period to be sub- 1058. A letter from the Director, Regu- BILL sequently determined by the Speaker, in latory Management Division, Environmental Pursuant to clause 2 of rule XII the each case for consideration of such provi- Protection Agency, transmitting the Agen- sions as fall within the jurisdiction of the cy’s final rule — Approval and Promulgation following action was taken by the committee concerned. of Air Quality Implementation Plans; Mary- Speaker: By Mr. DELAHUNT (for himself and land; Update to Materials Incorporated by H.R. 608. Referral to the Committee on Mr. MILLER of North Carolina): Reference [MD202-3118; FRL-8775-2] received House Administration extended for a period H.R. 1705. A bill to create a Financial Prod- 13, 2009, pursuant to 5 U.S.C. 801(a)(1)(A); to ending not later than April 24, 2009. uct Safety Commission, to provide con- the Committee on Energy and Commerce. f sumers with stronger protections and better 1059. A letter from the Acting Assistant information in connection with consumer fi- Secretary for Legislative Affairs, Depart- PUBLIC BILLS AND RESOLUTIONS nancial products, and to give providers of ment of State, transmitting certification of Under clause 2 of rule XII, public consumer financial products more regu- a proposed manufacturing license agreement bills and resolutions of the following latory certainty; to the Committee on Fi- for the export of defense articles, including nancial Services. technical data, and defense services in the titles were introduced and severally re- By Mr. RUSH (for himself, Mr. WAX- amount of $50,000,000 or more (Transmittal ferred, as follows: MAN, Mr. DINGELL, Mr. DOYLE, Mr. No. DDTC 147-08), pursuant to 22 U.S.C. 39, By Mr. ALTMIRE (for himself, Mr. TIM MARKEY of Massachusetts, Mr. STU- section 36(c); to the Committee on Foreign MURPHY of Pennsylvania, and Ms. PAK, Ms. SCHAKOWSKY, and Ms. Affairs. ESHOO): DEGETTE): 1060. A letter from the Acting Assistant H.R. 1699. A bill to require that certain H.R. 1706. A bill to prohibit brand name Secretary for Legislative Affairs, Depart- complex diagnostic laboratory tests per- drug companies from compensating generic ment of State, transmitting certification of formed by an independent laboratory after a drug companies to delay the entry of a ge- a proposed technical assistance agreement hospital outpatient encounter or inpatient neric drug into the market, and for other for the export of technical data, defense serv- stay during which the specimen involved was purposes; to the Committee on Energy and ices, and defense articles to Australia collected shall be treated as services for Commerce, and in addition to the Committee (Transmittal No. DDTC 144-08), pursuant to which payment may be made directly to the on the Judiciary, for a period to be subse- 22 U.S.C. 39, 36(c); to the Committee on For- laboratory under part B of title XVIII of the quently determined by the Speaker, in each eign Affairs. Social Security Act; to the Committee on case for consideration of such provisions as 1061. A letter from the Acting Assistant Energy and Commerce, and in addition to fall within the jurisdiction of the committee Secretary for Legislative Affairs, Depart- the Committee on Ways and Means, for a pe- concerned. ment of State, transmitting certification of riod to be subsequently determined by the By Ms. GRANGER (for herself, Mr. a proposed technical assistance agreement Speaker, in each case for consideration of WOLF, Mr. YOUNG of Florida, Mr. for the export of technical data, defense serv- such provisions as fall within the jurisdic- KING of New York, Mr. CRENSHAW, ices, and defense articles to the Republic of tion of the committee concerned. and Mr. BURTON of Indiana): Korea (Transmittal No. DDTC 148-08), pursu- By Mrs. MALONEY (for herself, Mrs. H.R. 1707. A bill to increase housing, ant to 22 U.S.C. 39, 36(c); to the Committee CAPITO, Ms. NORTON, Ms. KAPTUR, Ms. awareness, and navigation demonstration on Foreign Affairs. DELAURO, Ms. BORDALLO, Mr. MORAN services (HANDS) for individuals with au- 1062. A letter from the Chief Human Cap- of Virginia, Ms. WATSON, Ms. HIRONO, tism spectrum disorders; to the Committee ital Officer, Corporation for National and Ms. FALLIN, Ms. KILPATRICK of Michi- on Energy and Commerce, and in addition to Community Service, transmitting a report gan, Mrs. BLACKBURN, Ms. SCHA- the Committee on Financial Services, for a pursuant to the Federal Vacancies Reform KOWSKY, and Mr. MARIO DIAZ-BALART period to be subsequently determined by the Act of 1998; to the Committee on Oversight of Florida): Speaker, in each case for consideration of and Government Reform. H.R. 1700. A bill to authorize the Adminis- such provisions as fall within the jurisdic- 1063. A letter from the Chief Executive Of- trator of General Services to convey a parcel tion of the committee concerned. ficer, Neighborhood Reinvestment Corpora- of real property in the District of Columbia By Mr. GENE GREEN of Texas (for tion, transmitting the Corporation’s Fiscal to provide for the establishment of a Na- himself and Mr. TERRY): Year 2008 Annual Program Performance Re- tional Women’s History Museum; to the H.R. 1708. A bill to amend title II of the So- port, prepared in accordance with the provi- Committee on Transportation and Infra- cial Security Act to phase out the 24-month sions of The Government Performance and structure. waiting period for disabled individuals to be- Results Act of 1993; to the Committee on By Mr. JONES (for himself and Mr. come eligible for Medicare benefits, to elimi- Oversight and Government Reform. TAYLOR): nate the waiting period for individuals with 1064. A letter from the Chairman, Railroad H.R. 1701. A bill to amend title 10, United life-threatening conditions, and for other Retirement Board, transmitting a copy of States Code, to direct the Secretary of De- purposes; to the Committee on Ways and the annual report for Calendar Year 2008, in fense to establish a special review board for Means, and in addition to the Committees on compliance with the Government in the Sun- certain former members of the Armed Forces Energy and Commerce, and Transportation shine Act, pursuant to 5 U.S.C. 552b(j); to the with post-traumatic stress disorder or a and Infrastructure, for a period to be subse- Committee on Oversight and Government traumatic brain injury, and for other pur- quently determined by the Speaker, in each Reform. poses; to the Committee on Armed Services. case for consideration of such provisions as

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fall within the jurisdiction of the committee By Ms. DEGETTE: the Committees on Ways and Means, Rules, concerned. H.R. 1715. A bill to amend the Public and the Budget, for a period to be subse- By Mr. GORDON of Tennessee (for him- Health Service Act with respect to the pro- quently determined by the Speaker, in each self, Mr. HALL of Texas, Mr. LIPINSKI, tection of human subjects in research; to the case for consideration of such provisions as and Mr. EHLERS): Committee on Energy and Commerce. fall within the jurisdiction of the committee H.R. 1709. A bill to establish a committee By Mr. HILL (for himself, Mr. ADLER of concerned. under the National Science and Technology New Jersey, Mr. CARSON of Indiana, By Mr. SARBANES (for himself, Mr. Council with the responsibility to coordinate Mr. BURTON of Indiana, Mr. DON- WOLF, Mr. CONNOLLY of Virginia, Mr. science, technology, engineering, and mathe- NELLY of Indiana, Mr. VISCLOSKY, and LYNCH, Mr. DAVIS of Illinois, Mr. matics education activities and programs of Mr. STUPAK): MORAN of Virginia, and Mr. RUPPERS- all Federal agencies, and for other purposes; H.R. 1716. A bill to amend the Internal Rev- BERGER): to the Committee on Science and Tech- enue Code of 1986 to allow the deduction for H.R. 1722. A bill to improve teleworking in nology, and in addition to the Committee on real property taxes on the principal resi- executive agencies by developing a telework Education and Labor, for a period to be sub- dences to all individuals whether or not they program that allows employees to telework sequently determined by the Speaker, in itemize other deductions; to the Committee at least 20 percent of the hours worked in each case for consideration of such provi- on Ways and Means. every 2 administrative workweeks, and for sions as fall within the jurisdiction of the By Mr. HOEKSTRA (for himself, Mr. other purposes; to the Committee on Over- committee concerned. AKIN, Mrs. BACHMANN, Mr. BARRETT sight and Government Reform. By Mr. SOUDER (for himself, Mr. KEN- of South Carolina, Mr. BARTLETT, Mr. By Mr. STARK (for himself, Mr. NEDY, Mr. GRIJALVA, Mr. HARE, and BISHOP of Utah, Mrs. BLACKBURN, Mr. GEORGE MILLER of California, Ms. Mr. YARMUTH): BLUNT, Mr. BONNER, Mr. BURTON of WOOLSEY, and Mrs. MALONEY): H.R. 1710. A bill to include family thera- Indiana, Mr. BROUN of Georgia, Mr. H.R. 1723. A bill to provide for a paid fam- pists on the list of professionals recognized CAMPBELL, Mr. CANTOR, Mr. CARTER, ily and medical leave insurance program, to provide public school mental health serv- Mr. COFFMAN of Colorado, Mr. CON- and for other purposes; to the Committee on ices under the Elementary and Secondary AWAY, Mr. CULBERSON, Ms. FALLIN, Education and Labor, and in addition to the Education Act of 1965; to the Committee on Mr. FLAKE, Ms. FOXX, Mr. FRANKS of Committees on Oversight and Government Education and Labor. Arizona, Mr. GARRETT of New Jersey, Reform, and Ways and Means, for a period to By Mr. ABERCROMBIE (for himself, Mr. GINGREY of Georgia, Mr. GOH- be subsequently determined by the Speaker, Mr. SABLAN, Ms. HIRONO, Mr. YOUNG MERT, Mr. HENSARLING, Mr. HERGER, in each case for consideration of such provi- of Alaska, Ms. BORDALLO, Mr. MORAN Mr. INGLIS, Mr. ISSA, Mr. JONES, Mr. sions as fall within the jurisdiction of the of Virginia, Mr. FALEOMAVAEGA, and KINGSTON, Mr. KLINE of Minnesota, committee concerned. Mr. KILDEE): Mr. LAMBORN, Mr. LINDER, Mr. By Mr. TURNER (for himself and Ms. H.R. 1711. A bill to express the policy of the LUCAS, Mr. DANIEL E. LUNGREN of SUTTON): United States regarding the United States California, Mr. MCHENRY, Mr. MAN- H.R. 1724. A bill to amend the Internal Rev- relationship with Native Hawaiians, to pro- ZULLO, Mrs. MILLER of Michigan, Mr. enue Code of 1986 to provide tax incentives vide a process for the reorganization of a Na- tive Hawaiian government and the recogni- MILLER of Florida, Mr. MORAN of for the remediation of contaminated sites; to tion by the United States of the Native Ha- Kansas, Mr. PAUL, Mr. PENCE, Mr. the Committee on Ways and Means. waiian government, and for other purposes; PITTS, Mr. PRICE of Georgia, Mr. ROG- By Mr. VAN HOLLEN (for himself, Ms. to the Committee on Natural Resources. ERS of Michigan, Mr. ROHRABACHER, PINGREE of Maine, Mr. RUPPERS- By Mrs. BLACKBURN (for herself, Mr. Mr. RYAN of Wisconsin, Mr. SENSEN- BERGER, Mr. KRATOVIL, and Mr. BRENNER, Mr. SHADEGG, Mr. THORN- RAHALL): GINGREY of Georgia, Mr. MARCHANT, BERRY, Mr. TIAHRT, Mr. WESTMORE- H.R. 1725. A bill to amend title XIX of the Mr. WESTMORELAND, Ms. GINNY LAND, and Mr. WILSON of South Caro- Social Security Act to require, at the option BROWN-WAITE of Florida, and Mr. lina): of a State, drug manufacturers to pay re- PITTS): H.R. 1712. A bill to amend title II of the So- H.R. 1717. A bill to allow a State to submit bates to State prescription drug discount cial Security Act to establish a Social Secu- a declaration of intent to the Secretary of programs as a condition of participation in a rity Surplus Protection Account in the Fed- Education to combine certain funds to im- rebate agreement for outpatient prescription eral Old-Age and Survivors Insurance Trust prove the academic achievement of students; drugs under the Medicaid Program; to the Fund to hold the Social Security surplus, to to the Committee on Education and Labor. Committee on Energy and Commerce. provide for suspension of investment of By Mr. KIND (for himself, Mr. HERGER, By Mrs. BACHMANN (for herself, Mr. amounts held in the Account until enact- Mr. DAVIS of Alabama, Mr. PASCRELL, HENSARLING, Mr. PRICE of Georgia, ment of legislation providing for investment and Mr. THOMPSON of California): Mr. SHADEGG, Mr. KIRK, Ms. FOXX, of the Trust Fund in investment vehicles H.R. 1718. A bill to amend the Internal Rev- Mr. PITTS, Mr. BARTLETT, Mr. other than obligations of the United States, enue Code of 1986 to treat amounts paid for MCCLINTOCK, Mr. GINGREY of Georgia, and to establish a Social Security Invest- umbilical cord blood banking services as Mr. WAMP, Ms. FALLIN, Mr. FLEMING, ment Commission to make recommendations medical care expenses; to the Committee on Mrs. BLACKBURN, Mr. BROUN of Geor- for alternative forms of investment of the Ways and Means. gia, Mr. AKIN, Mr. ISSA, Mr. KING of Social Security surplus in the Trust Fund; to By Ms. ZOE LOFGREN of California: Iowa, Mr. BURTON of Indiana, Mr. the Committee on Ways and Means. H.R. 1719. A bill to amend the National GOHMERT, Mr. THOMPSON of Pennsyl- By Mr. BOREN (for himself, Mr. COLE, Voter Registration Act of 1993 and the Help vania, Mr. LAMBORN, Mr. PAUL, Mr. Ms. FALLIN, Mr. SULLIVAN, and Mr. America Vote Act of 2002 to promote the use CULBERSON, Mrs. BIGGERT, Mr. BROWN LUCAS): of the Internet by State and local election of South Carolina, Mr. JONES, Mr. H.R. 1713. A bill to name the South Central officials in carrying out voter registration POSEY, Mr. ROE of Tennessee, and Mr. Agricultural Research Laboratory of the De- activities, and for other purposes; to the CONAWAY): partment of Agriculture in Lane, Oklahoma, Committee on House Administration. H.J. Res. 41. A joint resolution proposing and the facility of the United States Postal By Ms. NORTON: an amendment to the Constitution of the Service located at 310 North Perry Street in H.R. 1720. A bill to permit statues honoring United States to prohibit the President from Bennington, Oklahoma, in honor of former citizens of the District of Columbia to be entering into a treaty or other international Congressman Wesley ‘‘Wes’’ Watkins; to the placed in Statuary Hall in the same manner agreement that would provide for the United Committee on Agriculture, and in addition as statues honoring citizens of the States are States to adopt as legal tender in the United to the Committee on Oversight and Govern- placed in Statuary Hall, and for other pur- States a currency issued by an entity other ment Reform, for a period to be subsequently poses; to the Committee on House Adminis- than the United States; to the Committee on determined by the Speaker, in each case for tration. the Judiciary. consideration of such provisions as fall with- By Mr. PALLONE (for himself, Mr. By Mr. ABERCROMBIE (for himself in the jurisdiction of the committee con- DINGELL, and Mr. KENNEDY): and Ms. HIRONO): cerned. H.R. 1721. A bill to amend the Public H. Con. Res. 81. Concurrent resolution rec- By Mr. BRADY of Pennsylvania: Health Service Act to help individuals with ognizing the 150th anniversary of the arrival H.R. 1714. A bill to require that the Board functional impairments and their families of the Sisters of the Sacred Hearts in Compensation Committees required for fi- pay for services and supports that they need Hawai‘i; to the Committee on Education and nancial institutions receiving assistance to maximize their functionality and inde- Labor. under the Troubled Assets Relief Program pendence and have choices about community By Mr. THOMPSON of Mississippi: include the representation of the financial participation, education, and employment, H. Con. Res. 82. Concurrent resolution ex- institution’s lowest paid employees; to the and for other purposes; to the Committee on pressing the sense of the Congress that a Committee on Financial Services. Energy and Commerce, and in addition to commemorative postage stamp should be

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issued honoring James Chaney, Andrew H.R. 985: Mr. MAFFEI. New York, Mrs. DAVIS of California, Mr. Goodman, and Michael Schwerner; to the H.R. 997: Mr. CAMPBELL and Mr. THOMPSON MORAN of Virginia, Mr. MORAN of Kansas, Committee on Oversight and Government of Pennsylvania. Mr. POLIS, Mr. REYES, Mr. SERRANO, Ms. Reform. H.R. 998: Mr. YOUNG of Florida. DEGETTE, Ms. CLARKE, Mr. MCHUGH, Mr. By Mr. FLAKE H.R. 1083: Mr. LAMBORN. FRANK of Massachusetts, and Ms. SLAUGH- H. Res. 286. A resolution raising a question H.R. 1171: Mr. MICHAUD. TER. of the privileges of the House. H.R. 1185: Mr. MCMAHON. H.R. 1683: Mr. DOGGETT. By Ms. BEAN (for herself, Mr. COOPER, H.R. 1189: Mr. SESTAK and Mr. GALLEGLY. H.R. 1684: Mr. THOMPSON of Pennsylvania, Mr. KIND, Mr. HELLER, Mr. FLAKE, H.R. 1210: Mr. DAVIS of Alabama. Mr. DREIER, Mr. ROONEY, Mr. MORAN of Kan- and Mr. CAMPBELL): H.R. 1214: Ms. WASSERMAN SCHULTZ. sas, Mr. NYE, Mr. PAUL, and Mr. CASSIDY. H. Res. 287. A resolution directing the H.R. 1220: Mr. LUCAS and Mr. BURTON of In- H.R. 1685: Ms. DELAURO and Ms. LEE of Clerk of the House of Representatives to post diana. California. H.R. 1231: Mr. SERRANO and Mr. SIRES. on the public Internet site of the Office of H.R. 1694: Mr. MCGOVERN. H.R. 1232: Ms. JACKSON-LEE of Texas. the Clerk a record, organized by Member H.J. Res. 18: Mr. ROTHMAN of New Jersey. name, of recorded votes taken in the House, H.R. 1242: Mr. ROONEY. H. Con. Res. 36: Mr. BILIRAKIS. and directing each Member who maintains H.R. 1255: Mr. MCGOVERN and Mr. BOU- H. Con. Res. 42: Mr. LEWIS of Georgia. an official public Internet site to provide an STANY. H. Con. Res. 43: Mr. LEWIS of Georgia. electronic link to such record; to the Com- H.R. 1256: Mr. SESTAK and Mr. MASSA. mittee on House Administration. H.R. 1261: Mr. SHUSTER and Mr. KISSELL. H. Con. Res. 60: Mr. GONZALEZ, Mr. MASSA, H.R. 1264: Mr. HARPER and Mr. GRAYSON. Mr. BACHUS, Mr. REYES; Ms. GINNY BROWN- f H.R. 1274: Mr. SERRANO. WAITE of Florida, and Mr. MCHUGH. ADDITIONAL SPONSORS H.R. 1285: Mr. FATTAH. H. Res. 20: Mr. YOUNG of Alaska. H.R. 1303: Mr. RANGEL and Mr. SESTAK. H. Res. 65: Mr. SESTAK. Under clause 7 of rule XII, sponsors H.R. 1305: Mr. COSTA and Mr. DOYLE. H. Res. 86: Mr. PLATTS. were added to public bills and resolu- H.R. 1330: Ms. WASSERMAN SCHULTZ and Mr. H. Res. 111: Mr. ALTMIRE, Mr. DEAL of tions as follows: MOORE of Kansas. Georgia, Mr. ISRAEL, Mr. LINCOLN DIAZ- H.R. 22: Mr. FATTAH, Mr. SHERMAN, Mr. H.R. 1339: Ms. KILPATRICK of Michigan. BALART of Florida, Mr. NEUGEBAUER, Mr. DICKS, Mr. KLINE of Minnesota, Mr. WALDEN, H.R. 1341: Mr. ETHERIDGE. SARBANES, and Mr. JORDAN of Ohio. Mr. SMITH of Washington, and Mrs. BONO H.R. 1380: Mr. SIRES, Mr. MEEKs of New H. Res. 130: Mr. MOORE of Kansas and Mr. MACK. York, Mr. PAYNE, Mr. LEWIS of Georgia, Mr. WU. H.R. 31: Mr. LATOURETTE. BARROW, Ms. NORTON, Mr. JACKSON of Illi- H. Res. 164: Mr. MCCOTTER. H.R. 67: Mr. VAN HOLLEN. nois, Mr. HONDA, Mr. MCMAHON, Mr. SAR- H. Res. 171: Ms. SLAUGHTER. H.R. 111: Mr. WAXMAN and Mr. CASSIDY. BANES, Ms. HIRONO, Mr. KENNEDY, Mr. HOLT, H. Res. 175: Mr. WU and Mr. LAMBORN. ESTAK RALEY HEA H.R. 154: Mr. HINOJOSA. Mr. S , Mr. B of Iowa, Ms. S - H. Res. 244: Mr. LAMBORN. H.R. 179: Mr. DOYLE. PORTER, Mr. ALTMIRE, Mr. CUMMINGS, and H. Res. 254: Mr. MAFFEI, Mr. LYNCH, Mr. H.R. 197: Mr. MICA, Mr. KLINE of Min- Mr. SPACE. ACKERMAN, Mr. BRADY of Pennsylvania, Mr. nesota, Mr. POE of Texas, Mr. MARIO DIAZ- H.R. 1385: Mr. KILDEE. DOYLE, Mr. HARE, Mr. ENGEL, Ms. MCCOL- BALART of Florida, Mr. TIAHRT, Ms. FOXX, H.R. 1404: Mr. TEAGUE and Mr. COFFMAN of LUM, Mr. MORAN of Virginia, Ms. KILPATRICK Mr. BILIRAKIS, Mr. JORDAN of Ohio, and Mr. Colorado. of Michigan, Mr. PAYNE, Mr. WEXLER, Mr. MORAN of Kansas. H.R. 1406: Mrs. BLACKBURN. KILDEE, Mr. KENNEDY, Mr. PASCRELL, Mr. H.R. 272: Mr. BOSWELL. H.R. 1427: Mr. KINGSTON. MARKEY of Massachusetts, Mr. BISHOP of H.R. 303: Mr. GRIFFITH, Mr. DOYLE, and Mr. H.R. 1437: Mr. OLSON and Mr. CARNEY. New York, Mr. DAVIS of Tennessee, Mr. LINCOLN DIAZ-BALART of Florida. H.R. 1449: Mr. DUNCAN. CROWLEY, Mr. DUNCAN, Mr. PATRICK J. MUR- H.R. 327: Mr. PIERLUISI. H.R. 1454: Mr. KIRK, Mr. BOOZMAN, and Mr. PHY of Pennsylvania, Mr. KANJORSKI, Mr. H.R. 422: Mr. MCNERNEY. SHUSTER. BOSWELL, Ms. HIRONO, Mr. CARNEY, Mr. HIG- H.R. 444: Mrs. CHRISTENSEN. H.R. 1458: Mr. SESTAK. GINS, Ms. SHEA-PORTER, Mr. ROTHMAN of New H.R. 498: Mrs. MYRICK. H.R. 1460: Mr. SESTAK and Mr. YOUNG of Jersey, and Mr. TONKO. H.R. 560: Mr. OLSON and Mr. MARCHANT. Florida. H. Res. 258: Mr. SIRES, Mr. ORTIZ, Mr. H.R. 574: Ms. SHEA-PORTER. H.R. 1470: Mr. MILLER of Florida, Mr. ENGEL, Mrs. MCCARTHY of New York, Mr. H.R. 606: Mr. MOORE of Kansas. THORNBERRY, Ms. SCHWARTZ, Mr. GERLACH, GRIJALVA, Mr. FILNER, and Mr. POLIS. H.R. 618: Mr. DAVIS of Alabama. and Mr. SMITH of Nebraska. H. Res. 268: Ms. ZOE LOFGREN of California, H.R. 622: Mr. PERRIELLO. H.R. 1475: Mr. BRADY of Pennsylvania. ORAN ARNAHAN H.R. 626: Mr. SERRANO, Mr. SESTAK, and H.R. 1509: Mrs. MCMORRIS RODGERS, Mr. Mr. M of Virginia, and Mr. C . Mr. MOORE of Kansas. SMITH of Nebraska, and Ms. KOSMAS. H. Res. 269: Ms. BORDALLO, Mr. PLATTS, and H.R. 650: Mr. BOREN. H.R. 1521: Mr. DENT, Mr. SMITH of Ne- Mr. BROWN of South Carolina. H.R. 653: Mr. SESTAK. braska, Mrs. MYRICK, Mr. ALEXANDER, and H. Res. 272: Mr. CHAFFETZ. H.R. 699: Mr. SESTAK. Mr. SCOTT of Georgia. H. Res. 274: Mr. BRALEY of Iowa, Ms. H.R. 729: Mr. SPRATT, Mr. MURPHY of Con- H.R. 1548: Mr. CARSON of Indiana. DELAURO, Mr. HINCHEY, Mr. BISHOP of Geor- necticut, Mr. CHANDLER, and Ms. JACKSON- H.R. 1550: Mr. BLUMENAUER and Mr. YAR- gia, Mr. LEWIS of Georgia, Mr. GENE GREEN LEE of Texas. MUTH. of Texas, Ms. BALDWIN, Mr. DONNELLY of In- H.R. 745: Mr. CARNEY. H.R. 1569: Mr. JACKSON of Illinois and Ms. diana, Mr. COURTNEY, Mr. MURPHY of Con- H.R. 775: Mr. BARRETT of South Carolina, KILPATRICK of Michigan. necticut, Mr. PALLONE, Mr. BUTTERFIELD, Mr. LATTA, Mr. HIGGINS, and Mr. BISHOP of H.R. 1585: Ms. SLAUGHTER, Mr. ELLISON, Mr. WATT, Ms. EDDIE BERNICE JOHNSON of Georgia. Mrs. BONO MACK, Mr. SESTAK, Mr. MCNER- Texas, Ms. KILPATRICK of Michigan, Ms. H.R. 785: Mr. SESTAK. NEY, Mr. BERMAN, Ms. KILPATRICK of Michi- DEGETTE, Ms. BERKLEY, Mrs. MCCARTHY of H.R. 873: Mr. MATHESON, Mr. SHERMAN, Ms. gan, Mr. REYES, and Mr. CLEAVER. New York, Mr. TOWNS, Ms. WATSON, Mr. KILPATRICK of Michigan, and Ms. LINDA T. H.R. 1615: Mr. TOWNS, Mr. HUNTER, Ms. KLEIN of Florida, Ms. WOOLSEY, Ms. HIRONO, SA´ NCHEZ of California. CORRINE BROWN of Florida, Mr. RUSH, Mr. Mr. LIPINSKI, Mr. SNYDER, Mr. MCNERNEY, H.R. 927: Mr. KAGEN. GORDON of Tennessee, and Ms. ROS-LEHTINEN. Mr. SHULER, Mr. ELLSWORTH, Mr. BOREN, Mr. H.R. 936: Ms. EDDIE BERNICE JOHNSON of H.R. 1616: Ms. NORTON and Mr. SERRANO. NYE, Mr. HILL, Mr. TANNER, Mr. CARDOZA, Texas, Mr. LUJA´ N, Mr. BACA, Ms. GIFFORDS, H.R. 1624: Ms. GINNY BROWN-WAITE of Flor- Mr. GRIFFITH, Mr. KRATOVIL, Mrs. MALONEY, Mr. COHEN, and Mr. BLUMENAUER. ida. Mr. DRIEHAUS, Mr. MINNICK, Mr. WALZ, Mr. H.R. 946: Mr. SIRES. H.R. 1625: Ms. CORRINE BROWN of Florida, CAPUANO, Mr. BERRY, Mr. MELANCON, Mr. H.R. 949: Ms. CORRINE BROWN of Florida Mr. RUSH, Mr. JACKSON of Illinois, Mr. ROG- SIRES, Mr. BARROW, Mr. SERRANO, Mr. GRI- and Mr. WALZ. ERS of Alabama, Mr. ROSS, Mr. ISRAEL, and JALVA, Mr. CARNEY, Ms. VELA´ ZQUEZ, Mr. SAR- H.R. 953: Ms. GINNY BROWN-WAITE of Flor- Mr. VISCLOSKY. BANES, Mr. HODES, Mr. MCCARTHY of Cali- ida. H.R. 1660: Mr. MASSA and Mr. LEE of New fornia, Ms. CORRINE BROWN of Florida, Mrs. H.R. 958: Mr. MCHUGH, Mr. ROSS, Ms. Linda York. NAPOLITANO, Mrs. CHRISTENSEN and Mrs. T. Sa´ nchez of California, and Mr. SESTAK. H.R. 1663: Mr. ROONEY. CAPPS. H.R. 978: Mrs. BACHMANN, Mr. MOORE of H.R. 1670: Mr. RANGEL, Ms. SCHAKOWSKY, H. Res. 283: Mr. MCCOTTER, and Mr. MUR- Kansas, Mr. MCMAHON, and Mr. MCHENRY. Mr. LOEBSACK, Mr. GRIJALVA, Mr. NADLER of PHY of Connecticut.

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EARMARK DECLARATION of Juvenile Justice wants to increase their life ergy and energy efficiency technologies, with chances according to the Models of Change a special emphasis on Hispanic and Haitian HON. ILEANA ROS-LEHTINEN (Systems Reform in Juvenile Justice). ARISE communities. OF FLORIDA provides juvenile, justice facilities with special- Project Name: Miami Harbor Channel IN THE HOUSE OF REPRESENTATIVES ized staff training and its unique curricula de- Dredging signed specifically for populations reading at Amount Funded: $478,000 Wednesday, March 25, 2009 approximately a third grade level. With over Account: Corps of Engineers, O&M Ms. ROS-LEHTINEN. Madam Speaker, pur- 260 easy-to-administer ARISE life-manage- Contact: Eric Olafson, Assistant Director, suant to Republican Leadership standards on ment lessons, ARISE materials contain vital Miami-Dade County earmarks, I am submitting the following Infor- information necessary for reducing recidivism. Address: 444 North Capitol Street, NW, mation regarding earmarks I received as part The ARISE program provides both staff train- Washington, DC 20001 of H.R. 1109, The Omnibus Appropriations ing and educational materials for teaching life Description: This funding request is for the Act, 2009. lessons to incarcerated youth through inter- first phase of implementation, which includes Project Name: Police Department Photog- active methods and help develop critical think- the design, preparation of plans and specifica- raphy Lab Upgrades for the City of Miami ing skills needed to break the cycle of violence tions for bidding. Miami-Dade County is also Amount Funded: $400,000 and crime that would otherwise doom many of seeking an additional source of PED funds Account: COPS Law Enforcement Tech- these juvenile offenders to tragic lives of gang through utilizing the funds that will be restored nology involvement, crime, drugs, disease and pov- to the project, once the Port of Miami reim- Contact: Pedro G. Hernandez, City Man- erty. burses the Army Corps for its share of the ager, City of Miami Due to inherent problems staff have in deal- costs of the General Reevaluation Report Address: 3500 Pan American Drive, Miami, ing with incarcerated high risk youth, ARISE (GRR). The Chief of Engineers has rec- Florida 33143 will expand its training program for Juvenile ommended the deepening project to 50–52 Description: The City of Miami Police De- Care and Detention Officers in Florida’s Juve- feet and Congress has authorized the project partment Photo Lab Upgrades Project will up- nile Justice facilities, by introducing additional (Title I, Water Resources Development Act of grade and digitize the City’s police department training topics such as anger management, 2007). photo lab. Funds will be used to incorporate non-judgmental listening and conflict resolu- Project: Intracoastal Waterway, Jacksonville digital cameras, memory card readers and a tion. This training will be directed at reducing to Miami, Florida digital photographic laboratory system which staff on youth conflict, and severe turnover of Amount Funded: $4,019,000 will replace the antiquated film technology that staff. Account: Corps of Engineers, O&M is currently in use. Funding for photo lab up- Project Name: City of Coral Gables Waste- Contact: David Roach, Executive Director, grades will facilitate the investigative and pros- water Infrastructure Improvements Florida Inland Navigation District ecutorial efforts of the law enforcement com- Amount Funded: $500,000 Address: 1314 Marcinski Road, Jupiter, munity in the City of Miami, with national crime Account: EPA–STAG Water and Waste- Florida 33477 fighting implications that extend beyond South- water Infrastructure Description: Funds would be used to dredge ern Florida in circumstances when fugitives Contact: Alberto Delgado, Department of the IWW in two locations: (1) Matanzas Inlet flee the City to avoid prosecution. Public Works, City of Coral Gables (St. Johns County) and in the vicinity of St. Project Name: Miami Beach After School Address: 405 Biltmore Way, Coral Gables, Augustine. In addition, funds would be used to Gang and Drug Prevention Program Florida 33144 (1) restore a Dredged Material Management Amount Funded: $200,000 Description: The project meets the STAG Area in St. Johns County and (2) construct a Account: OJP—Bryne Discretionary Grants match requirement. Funding would be used to Dredged Material Management Area in Indian Contact: Kevin Crowder, City of Miami make state-mandated upgrades to the City’s River County. The organization does not have Beach wastewater infrastructure. a local match requirement with the Corps of Address: 1700 Convention Center Drive, Project Name: Florida Keys Water Quality Engineers. Miami Beach, Florida 33139 Improvements Project: Miami River Maintenance Dredging Description: Continued After-School and Amounted Funded: $2,392,000 Project summer programs ensure youth ‘‘growing-up’’ Account: Corps of Engineers, Construction Amount Funded: $10,043,000 within the system. These youth are less likely Contact: Clyde Burnett, City Manager, City Account: Corps of Engineers, O&M to entertain outside and detrimental participa- of Marathon Contact: Eric Olafson, Assistant Director, tion in other unsupervised activities, such as Address: 9805 Overseas Highway, Mara- Miami-Dade County involvement in gangs and/or drugs. Participa- thon, Florida 33050 Address: 444 North Capitol Street, NW, tion in the recently created Teen Intervention Description: The Florida Keys are required Washington, DC 20001 Program in North Beach has increased dra- to meet rigid wastewater and stormwater man- Description: This request is for the final matically during the past year, as have the agement restrictions as well as near shore phase of the Miami River Dredging Project to various programmatic offerings by the City. water quality and environmental protection restore authorized depth and width to the navi- City of Miami Beach local funding is $642,167, standards. gation channel. This project, funded by the US or 23% of the program cost. Justification for Project Name: Miami Museum of Science Army Corps of Engineers with a coalition of use of federal taxpayer dollars. Renewable Energy Research Project local sponsors led by Miami-Dade County, re- Project Name: Life-Management Skill Inter- Amount Funded: $713,625 moves contaminated sediments from the vention Program for At-Risk Youth Account: Department of Energy, EERE Miami River, Florida’s 4th largest port with an Amount Funded: $300,000 Contact: Gillian Thomas, President and economic value of $4 billion. The local spon- Account: OJP—Juvenile Justice CEO, Miami Museum of Science sor has exceeded all match requirements. Contact: Susan Benson, ARISE Foundation Address: 3280 S. Miami Avenue, Miami, Project: Lower Keys Shuttle Bus Facilities Address: 824 U.S. Highway 1, Suite 420, Florida 33122 Amount Funded: $950,000 North Palm Beach, Florida 33408 Description: Funding is requested for a re- Account: Transportation, Bus and Bus Fa- Description: During 2006–07 Florida com- search and development program aimed at cilities mitted 7,187 juvenile offenders to residential enhancing understanding by Miami-Dade resi- Contact: Jim Scholl, City Manager, City of delinquent treatment facilities. The Department dents of programs related to alternative en- Key West

● This ‘‘bullet’’ symbol identifies statements or insertions which are not spoken by a Member of the Senate on the floor. Matter set in this typeface indicates words inserted or appended, rather than spoken, by a Member of the House on the floor.

VerDate Mar 15 2010 14:40 Aug 05, 2011 Jkt 059102 PO 00000 Frm 00001 Fmt 0689 Sfmt 9920 E:\BR09\E25MR9.000 E25MR9 erowe on DSK5CLS3C1PROD with BOUND RECORD 8784 EXTENSIONS OF REMARKS, Vol. 155, Pt. 7 March 25, 2009 Address: 525 Angela Street, Key West, Flor- Project: Jackson Health System Facilities CELEBRATING THE 100TH BIRTH- ida 33140 and Equipment DAY OF ROGERS STATE UNIVER- Description: Federal funds will assist the Amount Funded: $190,000 SITY City in its efforts to improve the City’s bus fa- Account: HHS–HRSA cilities. Specifically, funding will provide a modern maintenance facility to assist in im- Contact: Jeanette Nunez, VP HON. DAN BOREN proved bus facilities as well as passenger Address: 1611 NW 12th Avenue, Miami, OF OKLAHOMA amenities such as waiting areas, bus transfer Florida 33136 IN THE HOUSE OF REPRESENTATIVES areas and ticketing areas Description: Funding will be used to up- Wednesday, March 25, 2009 Project: Atlantic Greenway Corridor grade Jackson Health System’s information Netowork technology infrastructure. Jackson is a fully in- Mr. BOREN. Madam Speaker, I rise today Amount Funded: $570,000 tegrated health care system with 3 major hos- to honor a milestone for a prestigious institu- Account: Transportation, TCSP pitals, 12 primary care centers, 16 school- tion of higher learning in Oklahoma. Rogers Contact: Kevin Crowder, City of Miami based clinics, a mental health facility, 2 mobile State University, with campuses located in Beach health vans and a major health plan. Jackson Claremore, Bartlesville, and Pryor is turning Address: 1700 Convention Center Drive, is also the primary safety net provider in 100 years old this month. Miami Beach, Florida 33139 Miami-Dade County. Founded in 1909, Rogers State University Description: Through the development of the Project: Mercy Hospital Equipment Up- has been a center of excellence and learning Atlantic Corridor Greenway Network, the City grades for thousands of Oklahomans. of Miami Beach is creating a regional alter- Amount Funded: $95,000 In 1998, the Oklahoma Legislature solidified native transportation network which will inter- the role of Rogers State University as a world connect key intermodal centers, area business Account: HHS–HRSA class regional university by granting them full districts, cultural/tourism centers, residential Contact: Lois Blume, Grants Coordinator, accreditation. RSU is one of only two univer- neighborhoods, parking facilities, parks, Mercy Foundation sities in the state of Oklahoma to offer both schools and the beaches. The Network will be Address: 3663 South Miami Avenue, Miami, associate of arts and bachelors degrees in comprised of a citywide system of bicycle/pe- Florida 33133 various disciplines. destrian accessways, enhanced public transit Description: Mercy Hospital in Miami is Rogers State University is one of the fast- facilities, expanded bus service and innovative seeking funding to upgrade equipment in three est-growing universities in Oklahoma. Over the regional parking improvement programs. key healthcare areas: advanced cardiac video last eight years Rogers State University’s en- Project: Little Venice Road Improvement imaging technology, cardiac mapping tech- rollment has jumped 70 percent. At one time Project, Phase II nology, anesthesia machines, and a steriliza- RSU’s enrollment registered just over 400, but Amount Funded: $95,000 tion machine for surgical equipment. in recent years it has swelled to boast a di- Account: Transportation, TCSP Project: Miami-Dade College Medical Center verse student body of 4,000. Contact: Clyde Burnett, City Manager, City Nursing Program Equipment RSU is a national leader and pioneer in on- of Marathon Amount Funded: $95,000 line learning. They are the first public univer- Address: 9805 Overseas Highway, Mara- sity in the state of Oklahoma to offer associate Account: HHS–HRSA thon, Florida 33050 and bachelor degrees completely online. Description: The proposed project includes Contact: Joe Pena, Director of Federal Re- In athletics, the future looks just as prom- the installation of drainage and retention struc- lations ising for Rogers State. A few years ago, the tures to minimize the destructive impacts from Address: 300 NW 2nd Avenue, Suite 1402, RSU Hillcats gained acceptance into the Na- serious weather events. Additionally, the Miami, Florida 33132 tional Association of Intercollegiate Athletics, project proposes the installation of an asphal- Description: To address a growing demand NAIA. RSU currently fields a multitude of ath- tic overlay for all road surfaces in the imme- for healthcare professionals, Miami Dade Col- letic teams and competes in the Sooner Ath- diate area. This area constitutes 95th Streets lege (MDC) School of Nursing requires addi- letic Conference. to 117th Street south of the highway and con- tional programs and advanced training equip- During their university’s Centennial this necting cross streets. ment in order to expand their successful nurs- year, the Hillcats won the Sooner Athletic Project: Pedestrian Bridges in Coral Gables, ing program. Conference championship in men’s basketball, Florida and represented their school this month as the Amount Funded: $142,500 f No. 1 seed in the NAIA Championship Tour- Account: HUD, EDI nament. In 2008, just their first year of Sooner Contact: Maria Jimenez, Interim City Man- HONORING KIRKSVILLE HIGH Athletic Conference play, the RSU women’s ager, City of Coral Gables SCHOOL WRESTLING TEAM Address: 405 Biltmore Way, Coral Gables, soccer team earned a conference champion- Florida 33144 ship. Description: The requested federal funding HON. BLAINE LUETKEMEYER RSU is the only university in Oklahoma to operate a full-power public television station. It will be used to build pedestrian bridges next to OF MISSOURI also operates a radio station, and boasts a the Hardee, Granada and Maynada bridges IN THE HOUSE OF REPRESENTATIVES where vehicular traffic has created safety con- 120-acre nature conservatory located on the cerns for crossing pedestrians and cyclists. Wednesday, March 25, 2009 main campus in Claremore. The university has also added significantly These new bridges will allow for more efficient Mr. LUETKEMEYER. Madam Speaker, I ask and safer traffic flow throughout the City. Im- to their university infrastructure and facilities. my colleagues to join me in congratulating the Recently, the school opened a $13 million Stu- proved pedestrian safety along busy roadways Kirksville High School wrestling team for win- in the City of Coral Gables will be the benefit dent Services Center at its main campus and ning the Class 2 A Missouri State Champion- a $1.3 million expansion that will double the of this project. ship in February. Project: Barry University Community Health size of the campus at the Pryor location. and Minority Medicine Project Not only did the Kirksville High Tigers cap In these times of limited educational dollars, Amount Funded: $95,000 off an impressive season with a state cham- it is important for the United States Congress Account: DOE-Higher Education pionship, but they dominated in winning their to remember the local and regional univer- Contact: Ann Paton, VP for Institutional Ad- conference and district titles. sities that educate so many of our citizens and vancement The city of Kirksville should take pride in allow them to benefit both the future of their Address: 11300 NE 2nd Avenue, Miami their high school wrestling team, who won the family and our entire society. Rogers State Shores, Florida 33161 school’s third state sports championship. University is an enormous asset to eastern Description: Funding will be utilized to ex- I ask that you join me in recognizing the Oklahoma and I come to the floor today to pand current lab facilities at Barry University’s Kirksville High Tigers for an outstanding sea- honor all they do. center for community health. son and a job well done! Happy Birthday Rogers State University!

VerDate Mar 15 2010 14:40 Aug 05, 2011 Jkt 059102 PO 00000 Frm 00002 Fmt 0689 Sfmt 9920 E:\BR09\E25MR9.000 E25MR9 erowe on DSK5CLS3C1PROD with BOUND RECORD March 25, 2009 EXTENSIONS OF REMARKS, Vol. 155, Pt. 7 8785 TRIBUTE TO MRS. NANCY HAITIAN DEPORTATIONS—A HU- some of their land. The outcome for the US DAWKINS MANITARIAN OPPORTUNITY was significant—the land included in the pur- GONE UNNOTICED chase comprised of around 23% of the terri- tory of the United States today. HON. KENDRICK B. MEEK HON. CHARLES B. RANGEL The historical relationship and the humani- tarian concerns are important facts to consider OF FLORIDA OF NEW YORK IN THE HOUSE OF REPRESENTATIVES before deporting this group of Haitian refu- IN THE HOUSE OF REPRESENTATIVES gees. Also consider that the Haitian economy Wednesday, March 25, 2009 has become increasingly reliant on the money Wednesday, March 25, 2009 Mr. RANGEL. Madam Speaker, I stand be- sent by the Haitian Diaspora living abroad. Mr. MEEK of Florida. Madam Speaker, I rise fore you today to acknowledge the unjust and Haiti’s remittances make up one-third of their to pay tribute to Mrs. Nancy Dawkins, who will inhumane treatment of 30,000 Haitians living GDP and no other national group anywhere in be recognized by the Heritage Trail Advisory in the United States who have been threat- the world sends money home in higher pro- ened with deportation. These Haitian nationals Committee in collaboration with the Martin Lu- portions. These 30,000 Haitians should be al- have contributed to our society for several ther King Economic Development Corporation, lowed to remain in this country and continue years as hard-working, law-abiding tax-payers Liberty City Trust and the City of Miami for her to send remittances to their homeland, while and are now being asked to return to a coun- invaluable service to the residents of Liberty still paying their tax dollars and helping our try that is in no position to support them. City and the City of Miami. Mrs. Dawkins’ gen- economy grow. Haiti is the poorest nation in the Western Madam Speaker, I hope that our govern- erosity and community activism in the fields of Hemisphere and it has furthermore been rav- ment will make the right decision and allow education, counseling and leadership develop- aged by natural disasters during the last year. this country, a friend of ours, to rebound from ment serve as hallmarks to her unwavering The impact of hurricanes and floods has been these tragic natural disasters. As an example dedication to the South Florida community and devastating to the Haitian economy and has to the world, we must not let this humanitarian the 17th Congressional District. resulted in an unprecedented level of suffering opportunity go unnoticed. Mrs. Dawkins, a teacher in the Miami-Dade requiring emergency assistance for the people County Public School System for 35 years, of Haiti. The idea of sending thousands of ref- f has been at the forefront of various community ugees into such a desperate situation is so in- OWYHEE INITIATIVE endeavors. She co-authored the program con- humane as to be unthinkable. cept that became the COPE school program The UN estimates the lives of approximately for pregnant teenagers, served as a career 800,000 have been affected by the storms of HON. MICHAEL K. SIMPSON and occupational specialist at Booker T. the previous year. These people have no via- OF IDAHO Washington Middle School and was a former ble country to return to—what is the rationale IN THE HOUSE OF REPRESENTATIVES behind sending an additional 30,000 people early childhood education instructor of Miami- Wednesday, March 25, 2009 Dade College North Campus. Among her back to a country that already has close to a Mr. SIMPSON. Madam Speaker, I rise today many awards and accolades throughout the million displaced individuals? This is a Bush to congratulate Senator CRAPO for his efforts years, Mrs. Dawkins has received the Dade policy that needs to be reconsidered—it is un- in creating Idaho’s newest wilderness areas in Heritage Trust Plaque for Outstanding Con- certain who would support such a policy that the Owyhee region of Southwestern Idaho. tribution in Promoting Commemorative Serv- threatens an already fragile environment. The humanitarian thing to do would be to The designation of wilderness in Idaho is long ices, the Miami Police Department’s Recogni- offer these Haitians Temporary Protection Sta- overdue, as it has been nearly thirty years tion Plaque for Community Service and the tus (TPS) which is consistent with concessions since the late Senator Frank Church created Metropolitan Dade County Appreciation given to other countries given the same cir- the River of No Return Wilderness. Plaque from former Mayor Stephen P. Clark. cumstances. In the past, we have made this I applaud the Senator for having the pa- As a tireless activist devoted to the ad- compromise with countries such as El Sal- tience and perseverance to develop the com- vancement of equality and human rights, Mrs. vador, Nicaragua, and Honduras, even as re- promises he has made with numerous ranch- Dawkins received The Miami Herald’s Spirit of cent as 2008. This is blatantly inconsistent ers, county officials, sportsman groups and Excellence Award. She currently serves on the with the treatment given to Haitian immigrants conservation groups. The years of effort he board of the Children’s Home Society and has despite the fact that economic and social con- put into creating this legislation are a testa- been a driving force in the largest African- ditions are worse, in addition to the reality that ment to just how special these lands are. It is American chapter of the American Association the country has not overcome the recent assured that Idahoans will be enjoying these of Retired Persons, AARP, in the northwestern floods and hurricanes. Considering the com- unspoiled vistas and areas for generations to Miami community where she actively partici- pelling humanitarian reasons against returning come. pates by attending state and national conven- Haitians to a homeland that cannot now sup- There are numerous individuals in Idaho to tions. port them, I must wonder what the real mo- congratulate for their hard work. I won’t name Throughout the years Mrs. Dawkins has tives behind such a policy are. them all, but Fred Grant, Chad Gibson, Bren- da Richards and Craig Gherke put a lot of ef- served as a charter member, organizer and It is unfortunate to see the treatment of fort into this process. In addition, John Hoehne past president of the National Association of these Haitians by the United States govern- and Layne Bangerter of Senator CRAPO’s staff Negro Business and Professional Women’s ment given the fact that Haiti has had such a did tremendous staff work on the ground in Club, South Florida chapter, which has spear- rich, long history with the United States. Dur- ing the American Revolution about 750 Haitian Idaho. If they and so many others didn’t com- headed the establishment of several nationally freemen fought alongside colonial troops mit themselves to the Owyhee initiative, there recognized programs for children who provide against the British in the Siege of Savannah in would have been nothing to work with here in countless hours of volunteer community serv- 1779. This level of sacrifice by a country D.C. ice. Moreover, Mrs. Dawkins sought out sum- should not be forgotten, especially during Finally, I saw first hand here in Washington mer jobs for her students in order to broaden times of need. how this legislation could not have been com- their experiences in cultural affairs and in her The defeat of the French Napoleon Army by pleted without the efforts of Peter Fischer on continued activism, encouraged her students the Haitians, albeit indirectly, helped America Senator CRAPO’s staff, David Brooks on Sen- at Miami-Dade Community College to estab- expand its territories towards the West with ator BINGAMAN’s staff, and Marcia Argust with lish early childhood centers. the Louisiana Purchase. At the time, Haiti was the Campaign for America’s Wilderness. Their Madam Speaker, I ask that my distinguished the producer of 40 percent of the world’s commitment and belief in the product devel- colleagues join me in recognizing Mrs. Nancy sugar, was the most profitable colony the oped in Idaho made it possible for this legisla- Dawkins’ tremendous humanitarian efforts and French owned and in fact the wealthiest and tion to move forward. overwhelming dedication to our South Florida most flourishing of the slave colonies in the Idaho can be proud of the work that Senator community. I wish her every happiness and Caribbean. This was a tremendous loss to the CRAPO, his staff and its stakeholders have continued success. French, and as a result was forced to sell off done in creating the Owyhee legislation.

VerDate Mar 15 2010 14:40 Aug 05, 2011 Jkt 059102 PO 00000 Frm 00003 Fmt 0689 Sfmt 9920 E:\BR09\E25MR9.000 E25MR9 erowe on DSK5CLS3C1PROD with BOUND RECORD 8786 EXTENSIONS OF REMARKS, Vol. 155, Pt. 7 March 25, 2009 THE TELEWORK IMPROVEMENTS To address these flaws, the Telework Im- TRIBUTE TO FORMER NASA AD- ACT OF 2009 provements Act of 2009 will: instruct the Office MINISTRATOR DR. MICHAEL D. of Personnel Management to develop a uni- GRIFFIN HON. JOHN P. SARBANES form, government-wide telework policy for fed- OF MARYLAND eral employees; ensure that federal employ- HON. KEN CALVERT IN THE HOUSE OF REPRESENTATIVES ees who wish to telework and are eligible to OF CALIFORNIA Wednesday, March 25, 2009 telework are able to do so for at least 20 per- IN THE HOUSE OF REPRESENTATIVES Mr. SARBANES. Madam Speaker, I rise cent of the hours they work in a two-week Wednesday, March 25, 2009 today to introduce the Telework Improvements work period; designate a Telework Managing Act of 2009. Telework allows workers to per- Officer within every agency and department to Mr. CALVERT. Madam Speaker, I rise today form their duties and responsibilities from oversee telework; provide greater access to to honor and pay tribute to an individual whose dedication and contributions to the home or at another work site removed from and opportunities for telework training and aerospace and aeronautics communities, and their regular place of employment. The education to both employees and supervisors, Telework Improvements Act encourages a uni- to our country, have been exceptional. The while providing employees electing to telework National Aeronautics and Space Administra- form and consistent telework policy across the with greater protection against discriminatory federal government, while imposing strict over- tion (NASA) has been fortunate to have a dy- punitive treatment by supervisors and man- sight and accountability that will ensure the namic and dedicated leader who has given his success of this pragmatic yet innovative work- agers; require the Office of Personnel Man- time and talent to advance U.S. interests in force management policy. agement to compile government-wide data on space, science and aeronautics. On January First and foremost, this bill is about good telework; and require the Government Ac- 20, 2009, Administrator Michael Griffin con- government. According to an estimate by the countability Office (GAO) to evaluate agency cluded nearly four years of service as the nonpartisan Partnership for Public Service, in compliance, produce an annual report to Con- NASA Administrator. the next five years approximately 550,000 fed- gress and make that report publicly available Dr. Griffin was nominated by President eral employees—almost 30 percent of the fed- on the internet. George W. Bush and confirmed by the United eral workforce—will leave government, largely States Senate as the 11th Administrator of the In closing, I would like to salute Congress- through retirement. Broadband and other tech- National Aeronautics and Space Administra- nological advances have made remote work man FRANK WOLF for his vision and tireless tion. He began his term on April 14, 2005. As arrangements widely possible and the govern- advocacy for telework in the federal govern- Administrator, Mike led the NASA team and ment should use telework as a powerful re- ment. Over the last decade, he has put managed its resources to advance the U.S. cruitment and retention tool to compete with telework on the map as a management option Vision for Space Exploration which included more highly paid private sector jobs. The flexi- within the federal workforce and I thank him returning the space shuttle to flight, completing bility that telework provides will make a career for his leadership. assembly of the International Space Station and development of the Ares rocket and Orion in government more attractive to the next gen- I would also like to thank Congressman eration of civil servants. crew vehicle to return us to the moon and Telework will also help mitigate congestion GERRY CONNOLLY for joining Congressman eventually to Mars. in high-traffic areas such as the National Cap- WOLF and myself in writing this legislation. Prior to his tenure with NASA, Griffin served ital Region—reducing carbon emissions from Though Congressman CONNOLLY is new to as Space Department Head at Johns Hopkins vehicles and improving the quality of life for all this body, he is not new to telework. As Chair- University’s Applied Physics Laboratory in commuters. I commute from my home in Tow- man of the Fairfax County, Virginia Board of Laurel, Maryland. He was previously President son, Maryland to our nation’s capital, tracing Supervisors, Congressman CONNOLLY insti- and Chief Operating Officer of In-Q-Tel, Inc., the length of my district. Each day, I sit in suf- tuted a far-reaching telework policy—per- and also served in several positions within Or- focating traffic with thousands of federal em- forming a great service to the employees of bital Sciences Corporation, Dulles, Virginia, in- ployees and other commuters. The gridlock re- Fairfax County and offering a model solution cluding Chief Executive Officer of Orbital’s Ma- gellan Systems division and General Manager sults in lost productivity, less time spent with for the federal government. families, and pollution that poisons our air and of the Space Systems Group. Griffin also pre- alters our climate. If we offer an innovative al- Finally, I would like to thank Congressman viously served as chief engineer and as asso- ternative so that some in the federal workforce DANNY K. DAVIS for his support. Congressman ciate administrator for exploration at NASA, can avoid these commutes through telework, DAVIS and I introduced a similar piece of legis- and as deputy for technology at the Strategic not only will we improve their quality of life, we lation in the 110th Congress. As chairman of Defense Initiative Organization. will relieve the overall strain on our regional the Federal Workforce Subcommittee of the Mike Griffin is a true rocket scientist and transportation infrastructure and improve the House Committee on Oversight and Govern- has the post-secondary degrees to prove it. daily commute for all area workers. ment Reform, the Congressman shepherded He received a bachelor’s degree in physics Select agencies within the federal govern- this crucial legislation through the House of from Johns Hopkins University; a master’s de- ment like the United States Patent and Trade- gree in aerospace science from Catholic Uni- Representatives, but unfortunately the meas- mark Office, the Defense Information Systems versity of America; a Ph.D. in aerospace engi- Agency, and the General Services Administra- ure stalled in the Senate. We are hopeful that neering from the University of Maryland; a tion have shown strong leadership—from we will get a bill to the President’s desk during master’s degree in electrical engineering from agency heads down to individual managers— the 111th Congress. the University of Southern California; a mas- by putting in place an efficient and effective Madam Speaker, the federal government ter’s degree in applied physics from Johns telework policy. They have demonstrated ex- should lead the way as a model employer and Hopkins University; a master’s degree in busi- traordinary results and are a template for other embrace innovative personnel policies that in- ness administration from Loyola College; and agencies to follow. But even though telework crease productivity while striking the right bal- a master’s degree in Civil Engineering from has been available to federal employees for George Washington University. ance between family and work. By enacting over a decade, there are no uniform policies Mike Griffin is a certified flight instructor with the Telework Improvements Act, we have the in place. Agencies are hampered by a lack of instrument and multiengine ratings. In addition, guidance and training for federal employees opportunity to bolster the federal workforce, he is a member of the National Academy of who wish to telework. Uneven application reduce traffic and carbon emissions, and im- Engineering and International Academy of As- among managers and supervisors has too prove the quality of life for our dedicated civil tronautics, an Honorary Fellow of the Amer- often rendered telework policies ineffective. Fi- servants all in one fell swoop. I hope my col- ican Astronautical Society, a Senior Member nally, the absence of uniform data collection leagues will join me in supporting this prag- of the Institute of Electrical and Electronic En- and meaningful oversight make the best prac- matic, commonsense legislation. gineers, and a previous adjunct professor at tices employed by agencies with effective the University of Maryland, Johns Hopkins telework programs all but impossible to imple- University, and George Washington University, ment elsewhere in government. where he taught courses in spacecraft design,

VerDate Mar 15 2010 14:40 Aug 05, 2011 Jkt 059102 PO 00000 Frm 00004 Fmt 0689 Sfmt 9920 E:\BR09\E25MR9.000 E25MR9 erowe on DSK5CLS3C1PROD with BOUND RECORD March 25, 2009 EXTENSIONS OF REMARKS, Vol. 155, Pt. 7 8787 applied mathematics, guidance and naviga- HOUSING CRISIS IN THE CENTRAL ment issues that are vital to the area are off- tion, compressible flow, computational fluid dy- VALLEY shoots of Morris Tomorrow—the Ten Towns namics, spacecraft attitude control, astro- Great Swamp Watershed Management Com- dynamics and introductory aerospace engi- HON. DENNIS A. CARDOZA mittee, the Rockaway River Watershed Cabi- neering. He is the lead author of more than OF CALIFORNIA net, and the Raritan Highlands Compact. We are privileged to have such a dynamic two dozen technical papers, as well as the IN THE HOUSE OF REPRESENTATIVES and dedicated non-profit organization in Morris textbook, ‘‘Space Vehicle Design.’’ Mike is Wednesday, March 25, 2009 County. also the recipient of the Department of De- Mr. CARDOZA. Madam Speaker, I rise Madam Speaker, I urge you and my col- fense’s Distinguished Public Service Medal, today to remind my colleagues that the hous- leagues to join me in congratulating Morris to- the highest award given to a non-government ing crisis continues to devastate communities morrow on the celebration of its 25 years serv- employee. across the country. ing Morris County. Mike has demonstrated his ongoing passion By all measures my district has been among f the hardest hit by the foreclosure epidemic for NASA and provided tremendous leadership EARMARK DECLARATION for the agency in the Second Space Age. I am and the recession. Constituents in Merced, California, near my proud to call Mike a fellow American and hometown of Atwater, are suffering from HON. LEE TERRY friend. I know that many people around the 19.9% unemployment, the highest rate of fore- OF NEBRASKA country are grateful for his service and join me closures in the nation, and a loss of 70% of IN THE HOUSE OF REPRESENTATIVES in saluting his many achievements. Whatever their home equity over the last three years. Wednesday, March 25, 2009 the future holds for him, Godspeed Mike Grif- They are experiencing an economic tsunami fin. that will leave the Central Valley struggling for Mr. TERRY. Madam Speaker, pursuant to many years to come. the Republican Leadership standards on ear- f I am working on an effort to devise an Eco- marks, I am submitting the following informa- nomic Disaster Area designation. tion for publication in the CONGRESSIONAL CONGRATULATIONS LEXINGTON So places like my district, whose commu- RECORD regarding earmarks received as part HIGH SCHOOL nities have been disproportionately affected by of H.R. 1105, Omnibus Appropriations Act, the country’s recession, can receive the addi- 2009. tional federal funding they need to keep from Name of the Requesting Member: LEE HON. JOE WILSON falling off the map. TERRY. The future of my constituents and my district The bill number: H.R. 1105, Omnibus Ap- OF SOUTH CAROLINA is in jeopardy. propriations Act, 2009. IN THE HOUSE OF REPRESENTATIVES That is why I am asking my colleagues to Project Name: Special Olympics Educational support me in my efforts to create this Eco- Programs. Wednesday, March 25, 2009 nomic Disaster Area designation and to help Amount Requested: $6,000,000. Mr. WILSON of South Carolina. Madam my constituents and the entire Central Valley The legal name and address of requesting entity: 2010 Special Olympics USA National Speaker, during this year’s Southeastern The- recover from this economic downturn. f Games 8801 F Street, Omaha, Nebraska atre Conference (SETC) convention, which 68127. took place March 4th to 8th in Birmingham, MORRIS TOMORROW CELEBRATES Description of earmark: The request I made Alabama, South Carolina’s own Lexington 25TH ANNIVERSARY was for the 2010 Special Olympics USA Na- High School earned runner-up honors for their tional Games to assist in funding the Special production of ‘‘Scooter Thomas Makes It To HON. RODNEY P. FRELINGHUYSEN Olympics’ Second USA National Games. This The Top Of The World’’ in the High School OF NEW JERSEY money would be spent on logistics, security, Theatre Festival. Three Lexington High School IN THE HOUSE OF REPRESENTATIVES transportation, housing and meals for athletes during the 2010 games in Nebraska. It is my students won recognition for their roles in the Wednesday, March 25, 2009 production: William Vaughan won the Best understanding that this project, which included Mr. FRELINGHUYSEN. Madam Speaker, I Actor Award; Luke Whitmire won the Best my name as a requestor, is for Special Olym- rise today in commemoration of the Twenty pics educational programs that can be inte- Supporting Actor Award; and, Danielle Peter- Fifth Anniversary of Morris Tomorrow of Morris grated into classroom instruction and for activi- son won the Best Assistant Director Award. County, New Jersey, a vibrant organization ties to increase the participation of individuals In November 2008, Lexington High School that I am proud to represent. with intellectual disabilities, as authorized took top honors at the South Carolina Theatre Morris Tomorrow’s primary mission includes under the Special Olympics Sport and Em- Association’s festival which earned them a focusing attention on issues of regional signifi- powerment Act. spot in the Southeastern Theatre Conference. cance, promoting public discussion, facilitating f The play, ‘‘Scooter Thomas Makes It To The consensus towards viable solutions, and serv- ing as a catalyst for implementation. Founded TRIBUTE TO GEORGIA NATIONAL Top Of The World,’’ written by Peter Parnell, as Morris 2000 in 1984, the organization has GUARD’S 48TH INFANTRY BRI- tells the story of Dennis who travels to the fu- managed to successfully bridge environment GADE BRAVO COMPANY SECOND neral of his childhood friend Scooter Thomas and business interests, working to further both BATTALION and reflects on their relationship and the deci- causes to the mutual benefit of both. sions they made growing up. Morris Tomorrow has established several HON. LYNN A. WESTMORELAND I wish to commend all the students involved high-profile programs that have helped define OF GEORGIA in this production—including Lachlan Medley, issues facing Morris County and the sur- IN THE HOUSE OF REPRESENTATIVES rounding area. Among the programs is Midday stage manager; Johnny Hawley, sound and Wednesday, March 25, 2009 light technician; Justin Hall, master set builder; Morris, a quarterly lecture series targeted to- ward business, government, civic and edu- Mr. WESTMORELAND. Madam Speaker, I Shelly Skelly, light technician; stage hands El- cation leaders; Building Cross-Cultural Com- rise today to pay tribute to the Georgia Na- liott Carter and Bradley Cockrell—as well as munities, works to address issues faced by tional Guard’s 48th Infantry Brigade Bravo their director and drama teacher, Leslie our immigrant communities; Morris Summit, Company Second Battalion, which will soon Dellinger. Congratulations to Lexington High brings together local leaders from our busi- deploy for a yearlong mission to train and School, under the professional leadership of ness, government, education and nonprofit mentor members of the Afghan National Army. Principal B. Creig Tyler, for their continued communities to explore quality of life issues. The Bravo Company Second Battalion, dedication and support of the arts and to the Additionally, three organizations that have based out of Newnan in Georgia’s 3rd Con- success of our students and community. proved essential to the watershed manage- gressional District, has trained intensely at

VerDate Mar 15 2010 14:40 Aug 05, 2011 Jkt 059102 PO 00000 Frm 00005 Fmt 0689 Sfmt 9920 E:\BR09\E25MR9.000 E25MR9 erowe on DSK5CLS3C1PROD with BOUND RECORD 8788 EXTENSIONS OF REMARKS, Vol. 155, Pt. 7 March 25, 2009 Fort Gordon in Augusta, Fort Polk in Louisiana resent the District of Columbia. The Commis- ramento to be recognized as Woman of the and Fort Stewart in southeast Georgia leading sion also hired two Washington area sculptors, Year in a formal ceremony on the floors of the up to its deployment. Steven Weitzman and Gordon Kay, to work on Senate and Assembly. I am proud to share These 130 U.S. soldiers will do a great job the sculptures of Frederick Douglass and with my colleagues in the House of Rep- serving their nation and assisting the Afghans Pierre L’Enfant. Both statues were placed in resentatives that Robin Torello was so cho- in building their own proud military. They bring the lobby of One Judiciary Square, a District sen. with them to Afghanistan a wealth of expertise government building. Robin Torello continues to serve as a role and battle-tested experience. Douglass (1818–1895) was born a slave in model for women in her community and gen- Half of the soldiers deployed to Iraq in Maryland and became a District resident in the erations to come. She has distinguished her- 2005–2006, a time of intense fighting with in- 1870s. He held diplomatic and District appoint- self professionally in the area of employee surgents, and the unit suffered heavy losses. ments and is considered to be the Father of benefits. She has vast knowledge and experi- As today’s unit carries on the fight, they re- the Civil Rights Movement. Douglass also dis- ence in this area and currently serves as a member and honor their fallen comrades. played his talents as an orator and journalist Senior Associate Consultant in the San Fran- On April 13, the unit will ship off to Camp throughout his life here. His home in southeast cisco office of Mercer. Ms. Torello identifies Shelby, MS, before heading to their overseas Washington is a national monument that at- client-employee benefit program needs and destination. I look forward to taking part in tracts hundreds of thousands of visitors annu- works with clients for appropriate solutions. community events to see them off and give ally. Ms.Torello utilizes her exemplary skills, exper- them the honor and gratitude they and their L’Enfant (1754–1825), an architect, engineer tise and experience in such specific areas as families so richly deserve. and soldier, left France to serve in the Amer- plan design development and implementation, Georgians in the 3rd District are proud to ican Revolution. George Washington chose renewal negotiations, financial analysis, legis- have these patriots as neighbors. The soldiers L’Enfant to design the new federal city of lative compliance, project management, and of the 48th Infantry Brigade put themselves on Washington, D.C. He became a U.S. citizen strategic planning. the front lines to defend our nation and protect and spent the remainder of his life in D.C., im- In addition to her professional responsibil- our freedom. The families they leave behind plementing the plan that made the Nation’s ities, Ms. Torello is active in the community sacrifice just as much. We pray that God capital the beautiful city it is today. and serves as an executive board member blesses their mission and watches over them The District of Columbia was born with the and chair of several organizations. She has until their safe return to Georgia and their lov- Nation itself over 200 years ago. Throughout given much of her time and effort in fostering ing families. these two centuries, the city has created its participation in the political process, engaging f very own rich and uniquely American history. the public on important issues, developing In the Congress, we undermine the Nation’s candidate recruitment and training programs, INTRODUCTION OF LEGISLATION efforts to spread full democracy around the and increasing voter education. TO GIVE DC CITIZENS A PLACE world. While D.C. residents have not yet ob- Ms. Torello earned a Bachelor of Science IN STATUARY HALL tained the same political equality and voting degree in history and political science from rights as the citizens of the States, they have Central Connecticut State College in 1974 and HON. ELEANOR HOLMES NORTON all the responsibilities of the citizens of the received a Master of Public Administration de- OF THE DISTRICT OF COLUMBIA States, including paying all Federal taxes and gree from California State University, Hayward IN THE HOUSE OF REPRESENTATIVES serving in all the Nation’s wars. Today, when in 1986. She also holds a life agent license issued by the California Department of Insur- Wednesday, March 25, 2009 our residents are serving in Iraq, the least we should do is to give this city its rightful and ance. Ms. NORTON. Madam Speaker, I am equal place in the Capitol. I am pleased to recognize the achievements pleased to introduce a bill today to permit two The statues would offer District residents of Robin Torello as she receives the California statues honoring citizens of the District of Co- the opportunity to enjoy the same pride that all Woman of the Year award. I join California lumbia in Statuary Hall in the Capitol, just as other citizens experience when they come to State Senator Ellen Corbett in commending statues honoring citizens of States are placed their Capitol—the opportunity to view memo- Ms. Torello on her outstanding record of pro- in the historic hall. This legislation would allow rials that commemorate the efforts of residents fessional and civic leadership. the city to offer two statues to the Congress who have made significant contributions to f on behalf of D.C. residents. This bill is impor- their jurisdiction and to American history. PERSONAL EXPLANATION tant to ensure equal treatment for the resi- The statue bill I introduce today is part of dents of the District of Columbia with the resi- our ‘‘Free and Equal D.C.’’ series, which in- dents of the 50 States, who already have stat- cludes the D.C. House Voting Rights Act, bills HON. JOHN SULLIVAN ues representing them in Statuary Hall. for budget autonomy and legislative autonomy, OF OKLAHOMA The D.C. statues would likely be of Fred- an elected district attorney position, and other IN THE HOUSE OF REPRESENTATIVES erick Douglass and Pierre L’Enfant, known for bills designed to ensure that District residents, Wednesday, March 25, 2009 their contributions to the city and to the Na- who pay Federal taxes and fight in wars like Mr. SULLIVAN. Madam Speaker, I rise to tion, who were selected by the D.C. Commis- other Americans, are granted the same privi- state for the record that I intended to vote sion on the Arts and Humanities through a leges as other Americans. ‘‘nay’’ on rollcall vote 140 to H.R. 1388 taken public process. The D.C. statues could help f on March 18, 2009. The CONGRESSIONAL cure the diversity embarrassment of statues in RECORD currently lists me as an ‘‘aye’’ vote on the Capitol. When the Capitol Visitors Center TRIBUTE TO ROBIN TORELLO this measure. As a conservative, I cannot sup- (CVC) opened in December, many were sur- port the federal government paying individuals prised and embarrassed that even in the part HON. FORTNEY PETE STARK to volunteer their time, especially in a period of the CVC Congress named Emancipation OF CALIFORNIA of record federal deficits and budget con- Hall, to honor the slaves and free blacks who IN THE HOUSE OF REPRESENTATIVES straints facing American families. helped build the Capitol, there were no statues of African Americans. It also is an embarrass- Wednesday, March 25, 2009 f ment, and an indefensible one at that, that the Mr. STARK. Madam Speaker, I rise today to CLAIRTON BEARS WPIAL 600,000 American citizens who live in the na- pay tribute to Robin Torello, a resident of San CHAMPIONS tion’s capital have no statues of their own, Leandro, California. Ms. Torello has been se- while all 50 States have statues. lected as the 2009 Woman of the Year for the HON. MICHAEL F. DOYLE On August 10, 2006, the D.C. Commission 10th Senatorial District, represented by Cali- OF PENNSYLVANIA on Arts and Humanities began the process of fornia State Senator Ellen Corbett. IN THE HOUSE OF REPRESENTATIVES creating the two statues to be placed in Stat- Since 1987, in conjunction with Women’s uary Hall, when the Commission chose Fred- History Month, California Senators and As- Wednesday, March 25, 2009 erick Douglass and Pierre L’Enfant as the two sembly Members invite one woman from their Mr. DOYLE. Madam Speaker, I rise today to prominent residents whose statues would rep- respective districts to the Capitol in Sac- ask my colleagues to join me in congratulating

VerDate Mar 15 2010 14:40 Aug 05, 2011 Jkt 059102 PO 00000 Frm 00006 Fmt 0689 Sfmt 9920 E:\BR09\E25MR9.000 E25MR9 erowe on DSK5CLS3C1PROD with BOUND RECORD March 25, 2009 EXTENSIONS OF REMARKS, Vol. 155, Pt. 7 8789 the Clairton Bears on a stellar high school Bobcats dominated the second half of the Economic Advisers found that since 1969, football season. football game, scoring 15 unanswered points children have lost 22 hours per week with their For the first time in their school’s history, the and stopping a two-point conversion attempt parents. Bears reached the State championship game. by the young men of Bullitt East with a mere The United States is nearly alone in the This accomplishment topped an undefeated ten seconds left. world in not providing some type of paid family regular season and a WPIAL title. This Championship Title reflects the wisdom leave. Only three other countries—Liberia, These great accomplishments were the re- of their coach, Dudley Hilton. Coach Hilton led Papua New Guinea, and Swaziland—fail to sult of fantastic coaching and consistently out- the Bobcats to their first undefeated season provide security for new parents or those car- standing performances by the team’s staff and with 15 straight wins and the team’s second ing for a loved one. The Family Leave Insur- players. State Title. The team’s unwavering determina- ance Act would bring the United States up to The staff consisted of head coach Tom Nola tion was demonstrated in the last three games date with the rest of the world and allow mil- and assistant coaches Mike LeDonne, of this season’s playoffs when each time they lions of workers to take care of their families Demonje Rosser, Remondo Williams, Tim came back from behind to claim victory. These while still being able to make ends meet. Borkowski, John DeMarco, Tony St. Angelo, experiences and life lessons learned on the Paid leave provides real benefits for children Tony Ferrare, and Wayne Wade. field will be carried on after the game and con- and families. A Harvard School of Public The players consisted of 9 seniors—Mal- tinue to shape these athletes into young men Health study found that the education and colm Ford, Troy Webb, Andrew Currington, CJ of promise and outstanding character. health of children improves substantially when Hammonds, Kailon Lyons, Eyan Johnson, It is my hope that this Championship will in- parents have work flexibility and paid leave. Lance Meade, David Spence, and Taylor spire not only young men on this team, but When parents are able to act as caregivers for Wright as well as underclassmen Kevin younger generations, to have the same deter- a sick child, hospital stays are reduced by 31 Weatherspoon, Deontae Howard, Josh Page, mination when they face obstacles later in life. percent. Parental involvement is also associ- Brandon Small, Eddie Ball, Remondo Wil- Commitment, courage and character was ated with higher achievement in language and liams, Desimon Green, Trenton Coles, Julian demonstrated by each and every one of these math, improved behavior, and lower dropout McLean, Bishop Neal, Geron Johnson, teammates and these qualities will bring con- rates. Devante Dockery, Kevin Poindexter, Devante tinued success both on and off the field. Paid leave is also a boon to businesses and Gardlock, Marcus Nash, Antwon Thompson, Madam Speaker, I ask my colleagues to join workers. For workers, paid leave means em- Brian Boyd, Carvan Thompson, Donzel Dan- me in honoring coach Dudley Hilton and the ployment and financial security and improved iels, Chanze James, Keith Craven, Devonte Bell County High School 2008–2009 Football job satisfaction. For businesses, paid leave Doss, Marquis Norris, Shawn Thomas, Ezekial Team as the KHSAA Class 4A State Cham- means less turnover and increased produc- Williams, and Wesley Sutton. The hard work, pions. Bell County’s continued success has tivity. Research indicates that 98 percent of dedication, and teamwork these young men helped to shape the lives of so many students employees return to work for the same em- displayed throughout the season produced a and members of the community, and I con- ployer after taking family and medical leave. once in a lifetime opportunity for the grad- gratulate them and wish them all the best in My home state of California has led the uating seniors to play in the big game before the years to come. country in providing access to paid leave (al- leaving their high school. f beit only six weeks) and flexible use of sick Pittsburgh once again has lived up to its days. This law has helped California’s families name as the ‘‘City of Champions’’ producing a INTRODUCING THE FAMILY LEAVE and businesses. According to a Harvard study, great team like the Clairton Bears. I wish the INSURANCE ACT OF 2009 California had a lower rate of foreclosures Bears and their program success in the sea- than other states due to income loss arising sons to follow and congratulate them once HON. FORTNEY PETE STARK from a personal illness or the need to care for again on a fantastic season. OF CALIFORNIA a sick household member. Despite initial pro- f IN THE HOUSE OF REPRESENTATIVES test by California’s business community against the paid leave law, most employers Wednesday, March 25, 2009 TRIBUTE TO THE BELL COUNTY now agree that this investment in their workers HIGH SCHOOL FOOTBALL TEAM Mr. STARK. Madam Speaker, I rise today is also a wise investment for their business. 2008–2009 with Representatives GEORGE MILLER, LYNN The Family Leave Insurance Act builds on WOOLSEY, and CAROLYN MALONEY to introduce California’s successful experience to enact a HON. HAROLD ROGERS the Family Leave Insurance Act of 2009. This federal paid leave law. OF KENTUCKY legislation will support our nation’s working More specifically, the bill: IN THE HOUSE OF REPRESENTATIVES families by providing 12 weeks of paid leave Provides all workers with 12 weeks of paid for all workers to care for a sick family mem- leave over a 12-month period to care for a Wednesday, March 25, 2009 ber, bond with a new child, deal with the mili- new child, provide for an ill family member (in- Mr. ROGERS of Kentucky. Madam Speaker, tary deployment of a family member, or re- cluding a domestic partner or the child of a I rise today to pay tribute to the 2008–2009 cover from their own serious illness. domestic partner), treat their own illness, or Bell County High School Football Team, who Sixteen years ago, Congress passed the deal with an exigency caused by the deploy- captured the Kentucky High School Athletic landmark Family and Medical Leave Act ment of a member of the military; Association Class 4–A State Championship (FMLA) to provide job-protected leave for new Creates a new trust fund to run the pro- Title. The tremendous athletes should be parents and individuals caring for ill family gram. It is financed equally by employers and proud of their talent and ability, and know that members. Since then, more than 100 million employees, who will each contribute 0.2% of I am honored to recognize their athletic families have benefited from this law. While employee wages; achievement. the FMLA has proved vitally important for Progressively tiers the benefits so that low Bell County has a long history of great foot- many families, it remains incomplete because wage workers (earning less than $30,000) will ball teams. The Bobcats have defeated formi- it requires only unpaid leave and applies only receive full or near full salary replacement, dable opponents in years pasts and gone on to companies with 50 or more employees— middle income workers ($30,000–$60,000) re- to win multiple championships, along with dis- less than half the workforce. ceive 55% wage replacement, and higher trict and regional titles. This year’s State Millions of men and women are not pro- earners (over $60,000) receive 40–45%, with Championship should come as no surprise tected by the FMLA or simply cannot afford to the benefit capped at approximately $800 per given the drive and dedication in each of the take unpaid leave—especially in these tough week; team’s players. economic times. A recent study found that Administers the program through the De- The Bell County Bobcats defeated a tough about 75 percent of FMLA-eligible workers did partment of Labor, which will contract with team from Bullitt East, winning 15–13 in the not take leave because they could not afford states to administer the program (similar to State final. More than six thousand fans filled it—and according to the Department of Labor, how the Unemployment Insurance program is the Cardinal Stadium to witness these focused only 8 percent of private employers provide run). young men put their athletic ability and knowl- paid leave. This is taking a toll on families— The FMLA has helped individuals meet their edge of the game to the highest test. The a report in 1999 by the President’s Council of employment and family obligations without

VerDate Mar 15 2010 14:40 Aug 05, 2011 Jkt 059102 PO 00000 Frm 00007 Fmt 0689 Sfmt 9920 E:\BR09\E25MR9.000 E25MR9 erowe on DSK5CLS3C1PROD with BOUND RECORD 8790 EXTENSIONS OF REMARKS, Vol. 155, Pt. 7 March 25, 2009 jeopardizing their job. Now—more than ever— admiration of all who are privileged to come to sociation of St. Vincent Ferrer High School. workers’ financial obligations must be provided know and work with her. I consider myself for- For his work as a Lector and Eucharist Min- the same security. I urge my colleagues to co- tunate to have the opportunity to observe and ister and his commitment to the Holy Name sponsor the Family Leave Insurance Act. All experience her example as a personal inspira- Society he was honored by the Brooklyn Di- workers deserve the chance to care for their tion. ocesan Union. families and still be able to pay the bills. Madam Speaker, I ask that you and my dis- He was particularly active in the Holy Name f tinguished colleagues join me in honoring and Society of the Immaculate Conception Parish. congratulating Florence Rice on her historic During his tenure as President, the organiza- PAYING TRIBUTE TO FLORENCE M. 90th Birthday. Her constant dedication and tion experienced unprecedented growth. He RICE ON HER 90TH BIRTHDAY commitment to our community is worthy of the also co-chaired numerous Holy Name Society highest esteem. dinner dances which raised funds for grants HON. CHARLES B. RANGEL f for graduating students. His hard work and OF NEW YORK selfless dedication made a real difference in HONORING ST. FRANCIS BORGIA IN THE HOUSE OF REPRESENTATIVES the lives of many young people and commu- BOYS BASKETBALL TEAM nity members. For his many contributions, in Wednesday, March 25, 2009 2002 he was named Man of the Year and pre- Mr. RANGEL. Madam Speaker, it is with HON. BLAINE LUETKEMEYER sented with an award at their annual dinner great honor and enthusiasm that I rise to con- OF MISSOURI dance. George was eventually offered an oppor- gratulate my good friend Florence Rice as she IN THE HOUSE OF REPRESENTATIVES joins her family, long time friends, and the tunity to make his community activism a ca- Harlem community together in celebration of Wednesday, March 25, 2009 reer. For ten years, George worked as a legis- her 90th Birthday. This momentous and joyous Mr. LUETKEMEYER. Madam Speaker, I ask lative aide to former Assemblyman Denis J. occasion is being celebrated with an extraor- my colleagues to join me in congratulating the Butler. Most recently, he joined my staff and, dinary affair today at Noon in the Church of St. Francis Borgia Boys Basketball team for at the time of his death, he was managing my the Intercession in my beloved village of Har- winning the Class 4 A Missouri State Cham- Queens office. He was a truly dedicated com- lem. pionship on March 14th. munity leader who really understood what was Florence M. Rice was born on March 22, The Knights were hungry for a win and that going on in the neighborhood he served. My 1919 in Buffalo, New York. She is the founder hunger showed. constituents knew that George would always of the Harlem Consumer Education Council. Armed with a tenacious defense that forced offer them good advice and assistance. After During her childhood, Rice spent several 17 turnovers and fueled by their high-powered he became ill, George remained deeply in- years in the Colored Orphan Asylum and in offense, the Knights walked away with a con- volved in community affairs. He attended several foster homes in New York. Upon com- vincing 59-41 victory over the Kearney Bull- every community meeting he could and re- pletion of the eighth grade, Rice left school for dogs. mained active right up to the end. work as a domestic seamstress where she be- The young men and their coaches should George was born and raised in the Little came a member of the International Ladies be commended for all their hard work through- Italy section of New York City. He attended St. Garment Workers Union. Rice spoke out out the regular season and the playoffs. Patrick’s Old Cathedral School and All Hallows against the discriminatory practices against Af- And it just goes to show that a strong de- High School before matriculating at St. John’s rican American and Latino workers. She par- fense is the foundation for a winning offense. University where he completed his BA. Fol- ticipated in Harlem Congressman Adam Clay- I ask that you join me in recognizing the St. lowing his study at St. John’s, Mr. Napolitano ton Powell, Jr.’s 1962 congressional hearing, Francis Borgia Knights for a job well done! began working in the financial sector. In 1960, he left business to serve his country in the which probed dressmaker union’s policies and f after testifying, she was blacklisted. military. Stationed in Ft. Rucker, Alabama he In the 1960s, Rice founded the Harlem Con- IN TRIBUTE TO THE HONORABLE was placed in charge of the Officers Payroll sumer Education Council, waging a war GEORGE NAPOLITANO Department. Typically, he used his time to be- against corporations who discriminated against come involved in the community life on the African Americans and other minorities. The HON. CAROLYN B. MALONEY base. He coached the base’s Little League Council organized many successful New York OF NEW YORK team to a State Championship. George was granted an honorable discharge as Sergeant City boycotts and picket lines against grocery IN THE HOUSE OF REPRESENTATIVES stores, furniture stores, and individuals found and completed an additional four years re- to be overcharging minorities. Rice’s biggest Wednesday, March 25, 2009 serve training. After his service, Mr. Napoli- victory was against the New York State Public Mrs. MALONEY. Madam Speaker, I rise to tano returned to his career in the private sec- Service Commission, forcing New York Tele- pay tribute to George Napolitano, who passed tor working again in the financial district before phone to stop charging low income residents away last week after a courageous battle with beginning a career in real estate and insur- pre-installation fees. The Harlem Consumer cancer. George was a great friend, a dedi- ance. Along with his many other commitments, Education Council investigated over 100,000 cated community leader and a devoted family Mr. Napolitano also operates his own real es- complaints. man. He was one of the best men I have ever tate and insurance business in Queens, New Appointed Special Consultant to the Con- known. People loved George. He was kind, York. George leaves behind his beloved wife, sumer Advisory Council of the Federal Re- good-hearted, compassionate and hard-work- Carol, his four children, Deana, Denise, Cath- serve Board in the 1970s, Rice also taught ing. He will be sorely missed. To know erine, and Robert, and several grandchildren. consumer education at Malcolm-King College George, was to love him. He was one of the Madam Speaker, I ask my distinguished col- and has lectured to thousands at her work- world’s really good people. leagues to join me in recognizing the life and shops and seminars. In the 1990s, Rice was George made a lifelong commitment to career of a truly good man, George Napoli- responsible for the Bell Atlantic Technology community service. No matter how many other tano. Center in Harlem. The center is dedicated to obligations he had, he could always be count- f educating business people, students, senior ed on to pitch in and take an active role. He HONORING GARNER ‘‘MACK’’ citizens and other customers about the latest was a member of the Tri-State Italian Amer- GOODE FOR HIS LONG SERVICE advances in telecommunication technologies. ican Congress, a charter member of the Sons TO OUR COMMUNITY She has lectured in several countries, includ- of Italy in Manhattan which he proudly served ing South Africa where she was named a del- as President and a charter member of the egate in the first World Consumer Congress. Knights of Columbus where he was instru- HON. JOHN S. TANNER OF TENNESSEE Florence continues to work as the first lady mental in coordinating the Youth Program. He IN THE HOUSE OF REPRESENTATIVES of consumer education in my beloved Village was very active in the Powhatan Democratic of Harlem. She is famed for her extraordinary Club, most recently serving as District Leader Wednesday, March 25, 2009 commitment, energy, wisdom, discipline, prin- for the club. While his daughter attended high Mr. TANNER. Madam Speaker, I rise today ciple, and clear purpose which have won the school, he was Chairman of the Parents’ As- to honor my friend Garner ‘‘Mack’’ Goode, a

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Funded $2,000,000 Board of Election Supervisors first appointed also serving on their Board of Directors for the Develop ultrafast dynamics technologies with Mack as a Democratic member the Commis- Fountain Hills Chamber of Commerce for fundamentally expand the scope of nanotech- sion of Elections for Crockett County in 1967. many years. In addition to serving as a mem- nology. The funding would be used for re- He has remained on the board for 41 years. ber of the Town Council, Keith was a local search and technology. Mack is also Chairman of the Gibson Elec- small business owner and formed his own ad- Bill Number: H.R. 1105 tric Membership Cooperative Board of Trust- vertising agency in 1991 to cater to area cli- Account: NOAA National Marine Fisheries ees, which is important to rural communities ents. Keith was even named ‘‘Business Per- Service Operations, Research and Facilities all across West Tennessee. Mack’s family has son of the Year’’ by the Chamber of Com- Legal Name of Requesting Entity: Blue Crab been involved in West Tennessee farming for merce in 1997. Advanced Research Consortium at UMBI decades, and Mack continues to manage 900 Keith is well-known for his leadership abili- Address of Requesting Entity: 701 East acres of crops. He also spent 42 years at the ties not only within the Town Council, but in Pratt St, Baltimore, MD 21202 Bank of Alamo, including in the position of the Fountain Hills community as well. Most no- Description of Request: Blue Crab Research President and CEO. Mack served for 15 years tably, he was an active member of the Foun- Funding $50,000. Funds research and aqua- on the Crockett County Board of Education tain Hills Civic Association, Fountain Hills His- culture for restoring the blue crabs. The Blue and nine years on the Alamo City School torical Society Board of Directors, and the Crab Advanced Research Consortium was Board. He has also served as Alamo City Al- Fountain Hills School Board. In addition, Keith created to address the sharp decline in Blue derman, a member of the Alamo/Crockett participated extensively in the Fountain Fes- Crab harvests in the Chesapeake Bay. County Rotary Club and a member of the tival held by the Chamber of Commerce, help- Bill Number: H.R. 1105 Alamo Jaycees. ing out on 30 different occasions. Account: NOAA National Marine Fisheries Mack has done a considerable amount of Madam Speaker, please join me in com- Service Operations, Research and Facilities Legal Name of Requesting Entity: NOAA volunteer work in our area over the years, in- memorating the life of Keith McMahan’s life Chesapeake Bay Office cluding 32 years with the Crockett County and remembering the strong and positive im- Address of Requesting Entity: 410 Severn Rescue Squad and 26 years with the Alamo pact he left on his community and the many Ave, Annapolis, MD 21403 Fire Department. He has served on the Crock- people who knew and loved him. Description of Request: Oyster Habitat ett County Emergency Management Board, as f Funding $4,600,000. This project would fund a Partner in Education for Alamo City School, native oyster restoration in both Maryland and as a supporter of various charitable organiza- EARMARK DECLARATION Virginia portions of the Chesapeake Bay. tions and as co-founder of the Mack and Mary Bill Number: H.R. 1105 June Goode ‘‘Special Needs Fund for Alamo HON. ROSCOE G. BARTLETT Account: NOAA National Weather Service City School’’ Foundation. OF MARYLAND Operations, Research and Facilities In between his community service and farm- IN THE HOUSE OF REPRESENTATIVES Legal Name of Requesting Entity: University ing, Mack enjoys spending time with his wife Wednesday, March 25, 2009 of Maryland Mary June Goode and their family. Their chil- Address of Requesting Entity: College Park Mr. BARTLETT. Madam Speaker, pursuant dren are Bobby and Melinda Goode, and Maryland 20742 to the Republican Leadership standards on Reecha Black. Their grandchildren are Brandi Description of Request: Climate Impacts earmarks, I am submitting the following infor- and Rick Wilson, Garner and Rachel Goode, Funding $1,000,000 to advance and integrate mation regarding earmarks I received as part Jenna Black, Crockett Goode and Jessie all essential elements in climate change of H.R. 1105, Omnibus Appropriations Act, Black. They have three great grandchildren, science, economics and policy, and bring the 2009. Lee Wilson, Mary Wilson and Luke Wilson. resulting models and tools to bear on issues Bill Number: H.R. 1105 Mack is also an avid hunter, fisherman and of climate impacts and adaptation in the Mid Account: Salaries and Expenses golfer. Atlantic Region. We know that as Mack will continue to be Legal Name of Requesting Entity: Harry R. Bill Number: H.R. 1105 active in our community. His leadership and Hughes Center for Agro Ecology Account: NOAA National Marine Fisheries counsel will remain important to us as we Address of Requesting Entity: PO Box 169 Service Operations, Research and Facilities work together to help increase industrial devel- 124 Wry Narrows Dr, Queenstown, MD 21658 Legal Name of Requesting Entity: opment in Crockett County and across rural Description of Request: This program was Address of Requesting Entity: West Tennessee. $499,000 funding to be used for research that Description of Request: Virginia Trawling Madam Speaker, I hope you and our col- specifically addresses the recommendations Survey funding $150,000. Virginia Trawling leagues will join me as we thank Mack Goode contained in the Maryland Statewide Plan for Survey, this survey completed at Institute of for his long community service, congratulate Agricultural Policy and Resource Plan Ensur- Marine Science, provides the longest time se- him on his 41 years on the Crockett County ing a Sustainable Forest Future. ries of fisheries monitoring data in the Chesa- Elections Commission and wish him and his Bill Number: H.R. 1105 peake Bay. family all the best. Account: Conservation Operations Bill Number: H.R. 1105 f Legal Name of Requesting Entity: Natural Account: COPS Law Enforcement Tech- Resources Conservation Services nology IN HONOR OF THE LIFE OF FOUN- Address of Requesting Entity: 14th and Legal Name of Requesting Entity: Frederick TAIN HILLS COUNCILMEMBER Independence Ave SW, Washington, DC County Sheriffs Department KEITH MCMAHAN 20250 Address of Requesting Entity: 110 Airport Description of Request: Chesapeake Bay Drive East, Frederick, MD 21701 HON. HARRY E. MITCHELL Activities. This program was funded Description of Request: Funding $500,000 OF ARIZONA $3,998,000. Since 2003 the AG. Appropria- Frederick County Sheriffs Office Automated IN THE HOUSE OF REPRESENTATIVES tions bill has included an earmark for the Fingerprint Identification. Funding would be Chesapeake Bay in Maryland. Although this used for purchasing 10 handheld biometric Wednesday, March 25, 2009 earmark has previously not been in addition to identification units with mugshot capability and Mr. MITCHELL. Madam Speaker, I rise state funds, the Task Force encourages the providing for an automated fingerprint, facial today to honor the life of Councilmember Keith committee to make this request additive. recognition and biometric identifiers. McMahan of Fountain Hills and to recognize Bill Number: H.R. 1105 Bill Number: H.R. 1105 the many significant contributions he made to Account: National Institute of Standards and Account: COPS Law Enforcement Tech- our community. Technology nology

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The facility would be work Technology Upgrades Funded $365,000. miles of I–70 Improvement, this project will ad- know as the Mid-Maryland Community College Purchase and implement equipment designed dress safety concerns and relieve congestion Allied Healthcare Education Center. to expand and enhance the capabilities of the on a heavily traveled roadway. Bill Number: H.R. 1105 Harford County Public Safety Network. The Bill Number: H.R. 1105 Account: Health Resources and Services total cost is $1,454,242 and Harford County Account: Transportation Planning, Research Administration (HRSA)—Health Facilities and has committed $1,091,017 to support this and Development Services project. By enhancing interoperability commu- Legal Name of Requesting Entity: Assistant Legal Name of Requesting Entity: Wash- nications capabilities, Harford County can im- Secretary of Transportation ington County Hospital prove its ability to protect its resident’s as well Address of Requesting Entity: PO Box 548 Address of Requesting Entity: 251 East An- as public safety personnel. 7201 Corporate Center Dr. Hanover, MD tietam Street, Hagerstown, MD 21740 Bill Number: H.R. 1105 21076 Description of Request: Funding $285,000 Account: STAG Water and Wastewater In- Description of Request: Funding $95,000 Purchase new Angioplasty room, upgrading frastructure Project Upgrade I–81 Improvements between the technology would help address the growing Legal Name of Requesting Entity: City of West Virginia and Pennsylvania state lines to need for Angioplasty procedures in the Mary- Hagerstown, Office of City Administrator improve safety and reduce congestion. This land, Pennsylvania, and West Virginia Region. Address of Requesting Entity: 1 East Frank- project will address safety concerns and re- f lin St., Hagerstown, MD 21740 lieve congestion on a heavily traveled road- Description of Request: Funding $300,000. way. CONGRATULATING MARIE MAIER City of Hagerstown drinking water system. The Bill Number: H.R. 1105 OF HOPE TOWNSHIP, NEW JERSEY funding would replace the two transmission Account: Transportation Planning, Research mains that provide service directly to Zone 1 and Development HON. LEONARD LANCE Legal Name of Requesting Entity: Director and currently to the West End Reservoir. OF NEW JERSEY of Economics Development City of Frederick Bill Number: H.R. 1105 IN THE HOUSE OF REPRESENTATIVES Account: MRT-Construction Address of Requesting Entity: 101 North Wednesday, March 25, 2009 Legal Name of Requesting Entity: MD Dept Court Street, Frederick MD 21701 Description of Request: Funding $285,000 of Natural Resources Mr. LANCE. Madam Speaker, I rise today to Address of Requesting Entity: 580 Taylor US 15 and Catoctin Mountain Highway Con- congratulate Marie A. Maier of Hope Town- Ave Annapolis MD 21401 struction of a full grade separated urban dia- ship, New Jersey as she reaches an amazing Description of Request: Funded $2,000,000 mond interchange at the intersection of US 15 milestone in life and celebrates her 100th Continue efforts by the Army Corps of Engi- and Catoctin Mountain Highway with Chris- birthday on Thursday, March 26, 2009 with neers to design and build oyster reefs in the tophers Crossing/Monocacy Boulevard. This is her family, friends and local community and Chesapeake Bay. Activities include construc- on e of the primary access points to Fort governmental leaders. tion of oyster bars and reeds, rehabilitation of Detrick. I have personally known Marie Maier for Bill Number: H.R. 1105 existing marginal habitat and construction of many years and she has always been a won- Account: Transportation Planning, Research oyster hatcheries. derful inspiration to everyone around her. This and Development is exceptionally so for members of her family, Bill Number: H.R. 1105 Legal Name of Requesting Entity: City of her friends and her neighbors. Account: EERE-Other Hagerstown, City Engineer Marie A. Kroener was born on March 26, Legal Name of Requesting Entity: Frostburg Address of Requesting Entity: 1 E. Franklin 1909 in New York City to Henry and Evan State University St. Hagerstown, MD 21740 Address of Requesting Entity: Department Description of Request: Funding $380,000 Kroener. On November 29, 1933, she was of Physics and Engineering, Frostburg, MD Eastern Boulevard Widening and grade sepa- married to Hermann R. Maier and she enjoyed Description of Request: Funding $856,350 ration from MD RT64 to Antietam Blvd. This an outstanding business career as a legal as- Construction of the Sustainable Energy Re- will result in better traffic flow and will elimi- sistant for what is now modern day Texaco. search Facility (SERF) Phase 2 will provide nate congestion at the current Eastern Blvd/ She also served as an accountant for her hus- additional funding to finish the construction North Ave/Potomac Street intersection band’s business, Educational Placements, and and allow purchase of research equipment Bill Number: H.R. 1105 worked in her father’s restaurant and micro- and appointment of staff to study the effective- Account: Transportation Planning, Research brewery on Staten Island. ness of sustainable energy in the Appalachia. and Development Marie and her husband founded Educational SERF is a residential type green building. Legal Name of Requesting Entity: Board of Products Company, which manufactured the Bill Number: H.R. 1105 County Commissioners of Washington Co., first plastic cookie cutters in the United States Account: Salaries and Expenses MD and they further distinguished themselves as Legal Name of Requesting Entity: City of Address of Requesting Entity: 100 W. the owners-operators of the renowned Land of Hagerstown Washington St. Hagerstown, MD 21740 Make Believe, which is the oldest and largest Address of Requesting Entity: Hagerstown, Description of Request: Funding $95,000 water and amusement park in New Jersey. MD Hagerstown Area Northeast By-Pass Project is Additionally, Marie has given generously of Description of Request: Funded $100,000. to conduct a planned level analysis for he con- her time, talents and resources to a wide The program will offer assistance needed to struction of the Hagerstown MD vicinity. This range of civic and community organizations, develop minorities and women into successful highway would connect to I–70 on the east including as one of the founding members of business owners. The city developed the pro- and I–81 toward the north. the Sussex and North Warren Girls Scouts gram to create opportunities and increase their Bill Number: H.R. 1105 Council and President of North Warren Girl number, magnitude and success rate. Hagers- Account: Health Resources and Services Scouts Council, as Past President of the Hope town plans an aggressive outreach and sup- Administration (HRSA)—Health Facilities and Historical Society and as an active and tireless port program designed to increase the number Services member of the Blair Women’s Club. of minority and women owned businesses in Legal Name of Requesting Entity: Frederick Marie takes pride in her children and she the City. Community College and Carroll Community takes especial delight in her two grandchildren Bill Number: H.R. 1105 College and four great-grandchildren. As she observes Account: Transportation, Planning, Re- Address of Requesting Entity: 7932 the important milestone of her 100th birthday, search and Development Opossumtown Pike, Frederick, MD 21702 her family, friends and community leaders are Legal Name of Requesting Entity: Assistant Description of Request: Funding $143,000 especially appreciative of her valuable and ir- Secretary of Transportation used for construction of laboratories and replaceable presence in their lives.

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Marie Maier continues to make amazing Requesting Member: Congressman RODNEY Consumer Sciences Extension and Outreach contributions to her family and to her commu- ALEXANDER Division’s focus. We are requesting $705,000 nity. Bill Number: H.R. 1105 dollars to implement the USDA Fruit and Veg- It is my pleasure to congratulate her on her Account: Interior, Environmental Protection etable Snack Program (FVSP) in selected 100th birthday and to share her wonder life Agency schools. This program will expand nutrition story with my colleagues in the United States Legal Name of Requesting Entity: City of education outreach and applied research al- Congress and with the American people. Baton Rouge ready being implemented by an established f Address of Requesting Entity: 222 St. Louis grassroots network of Extension educators in Street, Baton Rouge, LA 70821 every parish. Underway is a tri-state initiative, CELEBRATING THE LIFE OF EARL Description of Request: City of East Baton Delta HOPE, to address childhood obesity in LLOYD Rouge for Sewer System Improvements. East the poverty-stricken Delta region of Louisiana, Baton Rouge Parish, under a consent decree Mississippi, and Arkansas. The AgCenter also HON. LINCOLN DAVIS with the EPA for sewer system overflows, is has a public-private partnership with Blue OF TENNESSEE replacing and repairing much of its outdated Cross Blue Shield of Louisiana to conduct and IN THE HOUSE OF REPRESENTATIVES and deteriorating decades-old sewer system. evaluate an interactive educational program As part of this effort, the Parish is rehabili- Wednesday, March 25, 2009 called Smart Bodies to teach children how to tating, upgrading, and/or replacing many of the build strong bodies and develop active minds. Mr. DAVIS of Tennessee. Madam Speaker, major sanitary sewer trunk lines and pump Federal dollars will be used to leverage state I rise today to celebrate and acknowledge the stations transporting flow to the South Waste- and private dollars to implement and evaluate achievements of a trailblazer in the National water Treatment Plant (SWWTP). The the USDA FVSP. Grants will be given to se- Basketball Association. Earl Lloyd retired to SWWTP services an area of approximately lected public schools participating in Smart Cumberland County, Tennessee, in my Con- 44,000 acres with a population of approxi- Bodies to purchase fruits and vegetables for gressional District after a distinguished career mately 210,000 people, and has a plant de- students to consume throughout the school as a basketball player and coach and with a sign capacity of 120MGD. The Service area day. This program will not only improve chil- historic superlative: the first African American comprises much of the southern portion of the dren’s health behaviors, but increase con- to play in the NBA. Parish, including portions of Downtown Baton sumption of agricultural commodities After a promising start at West Virginia, Mr. Rouge, the Baton Rouge Community College, Requesting Member: Congressman RODNEY Lloyd was drafted to play with the Washington and Louisiana State University. This area is ALEXANDER Capitols in the NBA. Soon thereafter, he experiencing significant population growth due Bill Number: H.R. 1105 signed with the Syracuse Nationals. In 1955, to the effects of Hurricanes Katrina and Rita, Account: AG, Agricultural Research Service after three years with the Nationals, Mr. Lloyd as well as ongoing regional development. The Legal Name of Requesting Entity: Louisiana set another milestone by helping to lead his City/Parish has already expended approxi- State University team to an NBA Championship, making him mately $500,000,000 in improvements to all one of the first two African Americans to win three of its sanitary sewer collection and treat- Address of Requesting Entity: P.O. Box a Championship. Players and sportscasters ment facilities, and is scheduled to expend an- 25203 Baton Rouge, LA 70894 nicknamed Mr. Lloyd ‘‘The Big Cat’’ for his other $1,200,000,000 to address the system’s Description of Request: Formosan Subterra- height and speed, and he finished his playing sanitary sewer overflow (SSO) issues under nean Termites Research, New Orleans, LA. career with an average of 8.4 points and 6.4 the consent decree. Improvements in the The Formosan subterranean termite has in- rebounds per game. SWWTP service area are necessary to meet fested 32 of the 64 parishes in Louisiana, with With an enviable career in the NBA behind sewer disposal needs and to protect the public the most severe infestations in the New Orle- him, Mr. Lloyd continued on in the NBA as an health. ans and Lake Charles areas. This insect has assistant coach with the Detroit Pistons. Years Requesting Member: Congressman RODNEY caused millions of dollars worth of damage later, after marrying and raising two children, ALEXANDER with an astonishing $300 million impact in Mr. Lloyd marked another first for African Bill Number: H.R. 1105 New Orleans alone. Clearly, it is the most Americans when he was promoted as a non- Account: Interior, Environmental Protection costly pest in the state and the management playing coach with the Detroit Pistons. Agency of this termite is essential to Louisiana’s eco- Chicago sportscaster Johnny Kerr once re- Legal Name of Requesting Entity: City of nomic well-being. For the last seven years, the marked in Sports Illustrated that if people West Monroe LSU AgCenter has participated in the USDA/ know who Jackie Robinson is, why don’t they Address of Requesting Entity: 2305 North ARS project, Operation Fullstop. The know about Earl Lloyd? Mr. Lloyd might say 7th Street, West Monroe, LA 71291 AgCenter is the lead agency in management that his achievement went unnoticed because Description of Request: City of Monroe, programs for this termite in the French Quarter basketball, as a sport, had yet to really cap- Monroe Wastewater Treatment System. Treat- and 16 public schools in Orleans and Jeffer- ture the attention of a wide American audi- ment of Wastewater to Drinking Water Quality son parishes. From the $31,800,000 appro- ence. People who know Mr. Lloyd well, how- for Sparta Aquifer Preservation & Industry Re- priation to ARS, the AgCenter has received ever, will speak to his humility in the face of use saves the overdraw of the Sparta Aquifer approximately $8.5 million since the initial ap- all he has accomplished. by recycling existing Wastewater and plans for propriation in FY 1998. Sixty-four percent I ask that my colleagues rise with me today additional flow. This project cuts the deficit of (64%) or ($6,874,724) of these funds has to recognize the life’s work of a trailblazer who Sparta by about half. It will benefit 14 parishes been pass-through money to the pest control did so much for his sport and for African in NE Louisiana that use the Sparta and will operators and thirty-six percent (36%) or Americans across the country. limit most of the Municipal Discharge into the ($2,770,606) has been used to conduct re- f Ouachita River. search and extension educational programs. Requesting Member: Congressman RODNEY During the past year, the AgCenter received EARMARK DECLARATION ALEXANDER $1,340,006. Of that amount, $282,163, or ap- Bill Number: H.R. 1105 proximately twenty-one and one-half percent HON. RODNEY ALEXANDER Account: AG, Agricultural Research Service (21.5%), was for research and extension ac- OF LOUISIANA Legal Name of Requesting Entity: Louisiana tivities. The remaining $1,057,843, or seventy- IN THE HOUSE OF REPRESENTATIVES State University eight and one half percent (78.5%), was for Address of Requesting Entity: P.O. Box the PCO operators. We are requesting an in- Wednesday, March 25, 2009 25203 Baton Rouge, LA 70894 crease to $500,000 to expand our research Mr. ALEXANDER. Madam Speaker, pursu- Description of Request: Delta Nutrition Initia- and extension programs. Research would ant to the Republican Leadership standards tive, Little Rock, AR. Louisiana ranks 4th in focus on improved termite detection systems, on earmarks, I am submitting the following in- adult obesity and the obesity rate for children evaluation of wood treatment products for pro- formation regarding earmarks I received as have tripled over the past 3 decades. Due to tecting building materials, and enhancement of part of H.R. 1105, Omnibus Appropriations this, childhood obesity prevention in Louisiana bait technology among others. Extension Act, 2009. has become the LSU AgCenter’s Family and would continue to provide the critical tasks of

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educating the citizenry on all aspects of inte- Address of Requesting Entity: P.O. Box Requesting Member: Congressman RODNEY grated pest management (IPM) of structural 25203 Baton Rouge, LA 70894 ALEXANDER pests. Description of Request: Biomaterials from Bill Number: H.R. 1105 Requesting Member: Congressman RODNEY Sugar Cane, LA. The major objective of this Account: AG, Cooperative State Research ALEXANDER project is to develop and validate an inte- Education and Extension Service Bill Number: H.R. 1105 grated technology that will convert low-value Legal Name of Requesting Entity: Louisiana Account: AG, Animal and Plant Health In- bagasse, cane leaves and tops, and molasses State University spection Service into a high value product mix including eth- Address of Requesting Entity: P.O. Box Legal Name of Requesting Entity: Louisiana anol, specialty chemicals, biomaterials and 25203 Baton Rouge, LA 70894 State University animal feed for a sugar based biorefinery. The Description of Request: Wetland Plants, LA. Address of Requesting Entity: P.O. Box LSU AgCenter will accomplish this by improv- Since the 1930s, 1,000,000 acres of Louisiana 25203 Baton Rouge, LA 70894 ing, integrating, and optimizing collective tech- wetlands have been lost by human activities Description of Request: Blackbird Manage- nologies in biomass pretreatment, hydrolysis, and natural forces such as the hurricanes of ment, Louisiana. Blackbird depredation of rice sugar refining and biological and thermo- 2005. This directly affects U.S. security, navi- is a serious economic problem facing rice pro- chemical conversion. The conversion of gation, energy consumption, and food supply. ducers in Louisiana. Depredation of rice oc- 500,000 tons per year of bagasse and molas- The potential for loss of life, industry, eco- curs at planting and just prior to harvest; how- ses (total raw materials cost of $23 million) systems, and infrastructure is enormous. The ever, the most serious problem is depredation into value-added products using the proposed Coastal Plants Program (CPP) represents a of rice seed and seedlings at planting. Yield technologies would generate $240 million in major commitment to focus proven scientific losses due to blackbird depredation have been annual revenue and make a substantial con- technologies and outreach capabilities on estimated to vary from 77 million pounds in tribution to Louisiana’s economy through ex- issues critical to restore the coastal wetlands 1995 to slightly over 93 million pounds in panding the sugar industry. The project is a of Louisiana. This program combines the ex- 2002. Economic losses associated with black- major opportunity to showcase the impact of pertise of AgCenter plant breeders, ecologists, bird damage have been estimated to average science and technology in augmenting Louisi- and other plant and soil scientists to facilitate $9.3 million annually from 1995 to 2002. Dam- ana’s economic base. the development and utilization of improved age does not occur uniformly across the state; Requesting Member: Congressman RODNEY native plant resources to preserve remaining consequently, severe economic losses may be ALEXANDER marshes and stabilize those that are being re- experienced by some producers due to the Bill Number: H.R. 1105 created. This project will develop strategies for Account: AG, Cooperative State Research concentration of blackbirds in a given area. genetic improvement leading to the economic Education and Extension Service The use of DRC-1339 has resulted in reducing and rapid establishment of critically important the extent of damage and the magnitude of Legal Name of Requesting Entity: Louisiana State University wetland plant species over large areas of economic loss. DRC-1339 is a selective threatened and reclaimed coastal wetlands. avicide specific to blackbirds, grackles, and Address of Requesting Entity: P.O. Box 25203 Baton Rouge, LA 70894 Native populations will be characterized and a starlings. As a result, reduction in blackbird genetic improvement program conducted to damage to rice is achieved with little or no ef- Description of Request: Tillage, Silviculture, Waste Management, LA. This special grant develop superior varieties/populations with en- fect upon other bird species. hanced value in the restoration and protection Requesting Member: Congressman RODNEY addresses critical environmental concerns in of wetlands. Plant cloning and molecular biol- ALEXANDER Louisiana. Alternatives to traditional tillage in ogy will facilitate genetic characterization and Bill Number: H.R. 1105 southwest Louisiana rice production are need- Account: AG, Cooperative State Research ed to improve floodwater quality, reduce soil genetic improvement and provide superior Education and Extension Service erosion, and reduce production costs. Stand plant materials to Louisiana’s developing com- Legal Name of Requesting Entity: Louisiana establishment and early-season plant density mercial wetland plant and seed industry. On- State University have been shown to be critical components of site marsh research will address issues con- Address of Requesting Entity: P.O. Box a reduced tillage system. Development of her- cerning beneficial use of dredge material, 25203 Baton Rouge, LA 70894 bicide-resistant rice varieties has allowed drill sediment nourishment of deteriorating wet- Description of Request: Aquaculture, LA. seeding of rice, which increases flexibility with lands, and factors influencing vegetative re- Louisiana contains one of the most diverse nutrient and vegetation management. How- sponse. aquaculture industries in the U.S. The state ever, the effect of rotational crops on rice Requesting Member: Congressman RODNEY continues to lead the nation in production of grain yield and soil physical condition is not ALEXANDER crawfish, oyster, alligator, and pet turtle sales. well understood and requires more research. Bill Number: H.R. 1105 Catfish production has declined in recent Cotton and corn production are major compo- Account: AG, Natural Resources Conserva- years but is still important. The total farm-gate nents of the agricultural economy in northeast tion Service value of aquaculture production in 2008 ex- Louisiana. Reduced tillage practices and her- Legal Name of Requesting Entity: Louisiana ceeded $188.6 million. Research is needed to: bicide tolerant crops are being adopted to sus- State University 1) enhance crawfish harvesting technology tain soil productivity and reduce surface water Address of Requesting Entity: P.O. Box and efficiency and to improve crawfish contamination and are improving production 25203 Baton Rouge, LA 70894 broodstock reproduction, 2) to further develop efficiency. However, conservation tillage sys- Description of Request: Best Management tools to facilitate genetic improvement of cul- tems provide a favorable microenvironment for Practices and Master Farmer Special Re- tured finfish, 3) to determine alternatives to insect populations, which have the potential to search Grant with LSD, LA. Of more than catfish and other fish cultivation methods and limit economic value. Basic biological informa- 2,000 agricultural producers trained through production systems including polyculture, tion is needed on insect population dynamics Louisiana’s Master Farmer program, 65 have which reduce off-flavor and improve fish in reduced tillage systems. The animal waste completed the third tier of the program which health, 4) to further refine finfish nutrition and management component of this project will de- ends with certification from the Louisiana De- feeding practices so that feed cost are re- velop data and systems that allow proper use partment of Agriculture and Forestry. This rep- duced and water quality is improved, 5) to fur- of waste products and lagoon effluent in two resents a high benchmark in performance, ther protect cultured aquatic species from dis- areas of the state. The dairy industry in south- which requires completion of eight hours of ease, and 6) to develop new value-added east Louisiana and the poultry industry in classroom instruction, participation in a Model aquaculture food products and waste by-prod- north Louisiana will benefit from research on Farm field tour, and development and imple- ucts. pasture runoff, background indicator orga- mentation of an NRCS Resource Management Requesting Member: Congressman RODNEY nisms, optimum land disposal rates for poultry System plan to address potential or occurring ALEXANDER litter, and new uses for poultry litter particularly pollution. With the assistance of USDA pro- Bill Number: H.R. 1105 as it relates to forest productivity. Enhanced grams and other technical assistance, these Account: AG, Cooperative State Research research on Best Management Practices producers have installed research-based Education and Extension Service (BMPs) will help reduce both point and non- BMPs to address environmental issues. These Legal Name of Requesting Entity: Louisiana point source discharges associated with crop, certified producers manage more than 15,000 State University animal, and timber production activities. acres of Louisiana farmland, all within a 50-

VerDate Mar 15 2010 14:40 Aug 05, 2011 Jkt 059102 PO 00000 Frm 00012 Fmt 0689 Sfmt 9920 E:\BR09\E25MR9.000 E25MR9 erowe on DSK5CLS3C1PROD with BOUND RECORD March 25, 2009 EXTENSIONS OF REMARKS, Vol. 155, Pt. 7 8795 mile radius of 303d listed impaired state for community leaders to enhance their ability Bill Number: H.R. 1105 waters. In addition, multi-state collaboration to create effective economic development Account: THUD, Surface Transportation Pri- has resulted in the development of a template plans that include entrepreneurship. The cen- orities by the Louisiana Master Farmer Program that ter provides research reports for projects to Legal Name of Requesting Entity: Delta can be used by other states to develop similar communities. To expand the reach of the Cen- Highway 65 Commission programs, focusing on curriculum develop- ter, we anticipate creating virtual services and Address of Requesting Entity: 103 Rue Tou- ment, implementation and lessons learned. possible distributed service locations in the louse, West Monroe, LA 71291 Land area impacted by targeted programs is rural areas of the service region of the Univer- Description of Request: Delta Highway 65 928,507 acres. sity. Expanded services are possible through a Study/Expansion, LA. It has been determined Requesting Member: Congressman RODNEY potential partnership with the recently created that an expansion of LA State Hwy. 65 from ALEXANDER Center for Rural Initiatives. The expected out- Alexandria, LA to I–40 in Arkansas will pro- Bill Number: H.R. 1105 come will be a new focus on entrepreneurship mote Economic Development within the Delta. Account: Financial Services, SBA that brings the expertise and resources of the Also, it will provide for an Emergency Evacu- Legal Name of Requesting Entity: City of university to rural communities and a facility to ation Route on the West side of the Mis- Baton Rouge nurture entrepreneurs and grow businesses. sissippi River. The project has few obstacles Address of Requesting Entity: 222 St. Louis Community leaders and elected officials will to overcome and can result in a ‘‘4-fold’’ re- Street, Baton Rouge, LA 70821 receive training on budgeting, strategic plan- turn; alleviating poverty, providing a needed Description of Request: City of Baton ning, marketing, and accessing community de- north/south connector in LA and provide de- Rouge, Louisiana, for small business invest- velopment information. New businesses will be velopment opportunities within the poorest re- ment initiative technical assistance. Baton started, with a better chance of survival, and gion of the U.S. Rouge’s population growth following the eco- jobs will be created Requesting Member: Congressman RODNEY nomic devastation of Hurricanes Katrina and Requesting Member: Congressman RODNEY ALEXANDER Rita provides an opportunity to expand small ALEXANDER Bill Number: H.R. 1105 businesses and micro-enterprises. Baton Bill Number: H.R. 1105 Account: THUD, Transportation, Community, Rouge is partnering with Seedco Financial and Account: THUD, Airport Improvement Pro- and System Preservation Southern University on a new initiative to pro- gram Legal Name of Requesting Entity: City of vide minority- and women-owned business en- Legal Name of Requesting Entity: City of Baton Rouge terprises (M/WBEs) assistance to bridge the fi- Monroe Address of Requesting Entity: 222 St. Louis nancing gap that affects many existing and Address of Requesting Entity: Monroe, LA Baton Rouge, LA 70821 emerging M/WBEs. Seedco will provide loans Description of Request: Monroe Regional Description of Request: I–10 Pecue Lane to these businesses through the Small Busi- Airport, New Terminal, LA. This historic air- Interchange, Baton Rouge, LA. The southern ness Loan Fund for real estate expansion, port, birthplace of Delta Airlines, serves the portions of East Baton Rouge Parish and ad- working capital, and/or start up costs. The pro- needs of Ouachita Parish and eleven neigh- joining Ascension Parish have experienced gram will connect M/WBEs to large-scale de- boring parishes with a combined population of significant population growth and expansion in velopments currently being undertaken by the 325,000 people. The airport currently proc- recent years. As a result, traffic volumes have City/Parish and other local stakeholders in Old esses approximately 225,000 passengers a dramatically increased along the I–10 corridor South, Mid-City, and Downtown Baton Rouge, year. Forecasts project a 47 percent increase from the I–10/I–12 split east into Ascension neighborhoods with a poverty rate of over in activity over the next 20 years. Analysis Parish. Development in this area is expected 35% and a median household income of projects the need for a new terminal at twice to continue to grow, including the construction $17,867. This request is to fund comprehen- the size of the current facility. It would accom- of a major medical complex nearby, which will sive technical assistance, including debt and modate growth in passengers, provide the lat- further increase traffic volumes. Additional ac- financial management, marketing, and cost- est security features, improve energy effi- cess to and from the Interstate is needed cutting strategies, to enable M/WBEs to use ciency, and be easily expandable for further along the I–10 corridor to accommodate these the financial assistance offered by the City/ growth beyond 20 years. This request for changing travel patterns and increased traffic. Parish’s partners. Technical assistance will be FY09 would fund the first phase of Terminal Pecue Lane has been identified as a strategic provided through workshops and intensive, building construction. route that can enhance connectivity within this one-on-one sessions by local, grassroots, and Requesting Member: Congressman RODNEY region and provide access to I–10. This nonprofit development corporations trained by ALEXANDER project will reduce congestion and improve Seedco Financial to provide services to bor- Bill Number: H.R. 1105 safety in this part of the City/Parish. An ac- rowers and prospective borrowers. Graduate Account: THUD, Buses and Bus Facilities cess request for this interchange has been students at Southern University’s School of Legal Name of Requesting Entity: Louisiana presented to both the LADOTD and FHWA Business also will deliver business planning Public transit Association and is currently under review. A rural diamond and financial management assistance through Address of Requesting Entity: 2817 Canal interchange configuration has been selected structured sessions supervised by university Street New Orleans, LA 70119 for this location to facilitate the connectivity to professors. Description of Request: Louisiana Statewide the existing Pecue Lane overpass. FY 2009 Requesting Member: Congressman RODNEY Buses and Bus Facility, LA. The request is for funding will be used complete environmental ALEXANDER funds to replace obsolete buses & vans, Fa- studies and design. Bill Number: H.R. 1105 cilities and transit terminals. Requesting Member: Congressman RODNEY Account: Financial Services, SBA Requesting Member: Congressman RODNEY ALEXANDER Legal Name of Requesting Entity: ALEXANDER Bill Number: H.R. 1105 Address of Requesting Entity: Bill Number: H.R. 1105 Account: THUD, EDI Description of Request: Northeast Louisiana Account: THUD, Surface Transportation Pri- Legal Name of Requesting Entity: City of Al- Business and Community Development Cen- orities exandria ter. The University of Louisiana at Monroe Legal Name of Requesting Entity: Louisiana Address of Requesting Entity: P.O. Box 71, College of Business and Louisiana Small Busi- Department of Transportation and Develop- Alexandria, LA 71309 ness Development Center (LSBDC) propose ment Description of Request: Alexandria River- to advance entrepreneurship and support eco- Address of Requesting Entity: P.O. Box front Multi-Site Development, LA for the rede- nomic development by further development 94245, Baton Rouge LA 70804 velopment of the Alexandria Riverfront. The and expansion of the Northeast Louisiana Description of Request: 4-Laning of Hwy 84 City of Alexandria requests consideration of Business and Community Development Center from Vidalia to Toledo Bend, LA. The funding RIVER, (Riverfront Improvement Venture and which provides a regional business incubator/ would be used to widen US 84 to four lanes Essential Recreation), a cultural, community- accelerator and community development serv- from its junction with LA 3037 to the junction up approach to the re-development of the ices. The center will contain a multi-purpose of LA 124 riverfront area of Alexandria-Pineville. Fol- incubator and provide regional, rural outreach Requesting Member: Congressman RODNEY lowing the model city of Chattanooga, Alexan- for community development such as training ALEXANDER dria-Pineville would benefit from a planned re-

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The economic engines development along the African American women have breast cancer Requesting Member: Congressman RODNEY Red River at Alexandria, which has the largest incidence rates similar to the national rate but ALEXANDER inland port in the continental United States, have mortality rates 19 percent higher. The Bill Number: H.R. 1105 creates state-wide economic development op- Louisiana Tumor Registry which collects state- Account: LHHS, Department of Health and portunities. The proposed works would serve wide data on all newly-diagnosed malig- Human Services downtown, mid-city, and Garden District busi- nancies and cancer deaths, reports that one Legal Name of Requesting Entity: Louisiana nesses, future retail tenants, downtown hotels, reason for the high death rate is inadequate Primary Care Association, Inc Address of Requesting Entity: 4550 N BLVD the Riverfront Convention Center, various pub- cancer screening for early detection resulting Suite 120 Baton Rouge, LA 70806 lic buildings such as City Hall, and various in late stage diagnosis. Additional funding Description of Request: Louisiana Primary other public buildings and improvements. The would allow MBP to provide more services to Care Association, Inc., Baton Rouge, LA for choices expand other choices for transpor- those in need. purchase of equipment. Even with the one tation, employment and housing (through Requesting Member: Congressman RODNEY time state appropriations of approximately $40 mixed-use and other opportunities) and value ALEXANDER million, Louisiana’s Federally Qualified Health long-range, regional considerations of sustain- Bill Number: H.R. 1105 Centers (FQHC) will still be challenged with ability. Account: LHHS, Department of Health and the need for operational funds to offset ex- Requesting Member: Congressman RODNEY Human Services penses incurred for the growing population of ALEXANDER Legal Name of Requesting Entity: St. the uninsured. The total cost per user/patient Bill Number: H.R. 1105 Francis Cabrini Hospital Account: LHHS, Department of Education Address of Requesting Entity: 3330 Masonic for Louisiana’s Health Center patients is $372 Legal Name of Requesting Entity: Louisiana Drive Alexandria, LA 71301 (inclusive of primary care and dental services). Tech University Description of Request: CHRISTUS St. According to the 2006 Bureau of Primary Address of Requesting Entity: Ruston, LA Francis Cabrini Hospital, Alexandria, LA for a Health Care (BPHC) Uniform Data System Description of Request: Louisiana Tech Uni- pre-natal clinic, including facilities and equip- (UDS) report, Louisiana’s health centers versity, Ruston, LA for a program in K–12 ment. CHRISTUS St. Francis Cabrini Pre- served approximately 45% uninsured persons cyberspace education in cooperation with Natal Clinic: CHRISTUS is seeking funding to of the total 128,507 users (an increase of 2% members of the Consortium for Education, Re- help support a new pre-natal clinic which will from the previous year). LPCA is requesting search and Technology of North Louisiana. provide care to low income women with the $5,000,000 to assist their 22 grantee members The Cyberspace Cyberspace Science and En- goal of reducing infant mortality and promoting with the acquisition of needed healthcare gineering project will empower K–12 education pregnancy wellness here in Louisiana which equipment for various centers which may in- in North Louisiana and increase the nation’s consistently ranks among the worst states in clude the implementation of electronic medical supply of cyber-security professionals. The the nation for high infant mortality (10.4 deaths records for centers not currently using them. project is a joint venture between the College per 1000 live births in 2004). The center will LPCA will use these funds to leverage and so- of Engineering and Science, College of Liberal be available to all women but focused pri- licit additional resources to offset expenses. Arts, SciTEC in College of Education. It will: marily on those with low income, those who Commitment letters incorporating detailed Foster development of partnerships with K–12 are uninsured, and those in the Medicaid pop- budgets and narratives will be required by institutions. Develop and implement innovative ulation. Three associates will staff the center— LPCA to insure accountability from all partici- curricula related to Cyberspace. Enhance the nurse practitioner, a licensed practical nurse, pating members and will be maintained at cyber-infrastructure related to delivering edu- and a clerk. The nurse practitioner will collabo- LPCA for auditing purposes. cational content. Improve STEM teacher prep- rate with a medical director to provide prenatal Requesting Member: Congressman RODNEY aration. Implement professional development care as well as early and ongoing risk assess- ALEXANDER Bill Number: H.R. 1105 opportunities for in-service teachers. Promote ment to prevent and recognize conditions as- Account: LHHS, Department of Health and student and faculty development. Promote sociated with maternal and infant morbidity Human Services partnerships with business and industry and mortality. Legal Name of Requesting Entity: University through collaboration with the Cyber Innova- Requesting Member: Congressman RODNEY of Louisiana at Monroe tion Center. ALEXANDER Address of Requesting Entity: Monroe, LA Requesting Member: Congressman RODNEY Bill Number: H.R. 1105 Description of Request: University of Lou- ALEXANDER Account: LHHS, Department of Health and isiana at Monroe, Monroe, LA for facilities and Bill Number: H.R. 1105 Human Services equipment. ULM seeks funding for a new Account: LHHS, Department of Health and Legal Name of Requesting Entity: St. 10,000 square foot Animal Research Facility/ Human Services Francis Cabrini Hospital Vivarium for the College of Pharmacy. The fa- Legal Name of Requesting Entity: Mary Bird Address of Requesting Entity: 3330 Masonic cility will support research of cardiovascular Perkins Cancer Center Drive Alexandria, LA 71301 disease, cancer, diabetes, Alzheimer’s dis- Address of Requesting Entity: 4950 Essen Description of Request: CHRISTUS St. ease, and other neurological diseases. The re- Lane, Baton Rouge, LA 70809 Francis Cabrini Hospital, Alexandria, LA for a search facility is a specially designed building Description of Request: Mary Bird Perkins school dental hygiene program. The Seal a type, which accommodates specially controlled Cancer Center, Baton Rouge, LA to expand Smile program brings dentists and dental hy- environments for the care and maintenance of early detection cancer screenings. This gienists for four elementary schools where experimental animals. The facilities are vital to MBPCC program is designed for life-saving children in the 1st, 2nd, and 6th grades re- the support of proper, safe, and humane re- cancer screenings with the goal of expanding ceive treatment which helps prevent cavities. search. The Association for Accreditation and its outreach services to the medically under- Money would help the program return to the Assessment of Laboratory Animal Care Inter- served public in the greater Baton Rouge and four schools visited this year (to treat a whole national (AAALAC) provides criteria and a cer- Hammond and Covington areas. These areas new group of children) and bring the program tification process helping assure both accurate include Ascension, East Baton Rouge, East to two more schools at which school-based experimental results and safe and humane Feliciana, Iberville, Livingston, Point Coupe, health clinics opened just this year. In addi- treatment of research animals. St. Helena, St. Tammany, Tangipahoa West tion, CHRISTUS will employ a dentist with a Requesting Member: Congressman RODNEY Baton Rouge, West Feliciana and Washington mobile dental unit from a Federally Qualified ALEXANDER parishes located in the Louisiana Cancer Con- Center to do x-rays, fillings, and restorative Bill Number: H.R. 1105 trol Partnership (LCCP) Regions 2 and 9. dentistry at one of the four elementary schools Account: LHHS, Department of Health and MBP began its comprehensive outreach pro- with a school-based health clinic. These funds Human Services gram in 2002 through its CARE Network. In would enable the mobile dental unit to also Legal Name of Requesting Entity: University 2007, the program screened the 20,000th per- serve the other three elementary schools. Our of Louisiana at Monroe

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Irma mobile unit, serving the delta area of Lou- Reference Center (LGSRC) is currently a joint Blvd. Gonzales, LA 70737 isiana, would enhance the teaching capabili- partnership between Louisiana State Univer- Description of Request: Ascension Parish ties of the dental hygiene program and would sity (LSU) and the National Geodetic Survey Sheriff, Law Enforcement Training Equipment. provide critically needed services to under- (NGS). NGS is an office of NOAA’s National Ascension Parish Sheriff’s Office owns and served patients who lack the financial re- Ocean Service and is tasked with maintaining operates one of the premier law enforcement sources and/or transportation to obtain proper the nation’s system of monuments for sur- law training facilities in the Gulf region. Fed- dental care. The unit would be staffed by a veying and positioning. LGSRC is a legal ex- eral, state and local law enforcement agencies dentist, dental assistant, dental hygienist and tension of the NGS within the State of Lou- use this facility for various training purposes. dental hygiene students who would work with isiana and surrounding Gulf States and will The sheriff’s office is in need of funding to local public health offices to coordinate serv- use GULFNET as the backbone for its re- continue to offer these services. ices. gional system of positioning monuments. Ac- Requesting Member: Congressman RODNEY Requesting Member: Congressman RODNEY curate and precise positioning data and infor- ALEXANDER ALEXANDER mation is the basis for all things geospatial. A Bill Number: H.R. 1105 Bill Number: H.R. 1105 strong capability in geodesy, topographic engi- Account: CJS, Department of Justice Account: LHHS, Department of Health and neering, and surveying is thus essential to the Legal Name of Requesting Entity: City of Human Services success of the Center. LSU is at the techno- Baton Rouge Legal Name of Requesting Entity: Xavier logical cutting edge in these fields and will Address of Requesting Entity: 222 St. Louis University host, staff, manage, and operate the Center Street Baton Rouge, LA 70821 Address of Requesting Entity: New Orleans, on the LSU Baton Rouge campus. In 1997, Description of Request: East Baton Rouge LA Louisiana State University began construction Parish to upgrade law enforcement tech- Description of Request: Xavier University, of GULFNET, a geodetic reference system nologies. Federal funding will support city-wide New Orleans, LA, for facilities and equipment. spanning coastal Louisiana using GPS tech- expansion of a program to equip law enforce- The goal of this project is to construct an addi- nologies. Originally designed to support high ment officers with the latest in mobile data tion to Xavier’s College of Pharmacy and ex- precision measurement of subsidence, the technology. Laptop computers in 400 marked pansion of Xavier’s Clinical Trials Unit. Expan- system was also designed to support a whole patrol cars will be linked over a 700/800mhz sion of the College of Pharmacy will increase host of other activities. This system consists of RF network. Local funding will be used to pur- Xavier’s ability to provide pharmaceutical com- three continuously operating stations and 24 chase software and equipment to allow panies with well-educated graduates as em- episodic campaign targets and is supported by connectivity and initial Wireless Access Points ployees. Xavier is a leader in graduating bio- contracts with the National Science Founda- to transmit the data. Federal funding will ex- science and pharmaceutical professionals. For tion and the Louisiana Board of Regents. pand this wireless mesh network, adding Wire- more than a decade, Xavier ranked first na- GULFNET will provide public and private sec- less Access Point locations throughout the tionally in the number of African American stu- tor users with data and an information stream City/Parish. Wi-fi capabilities will increase the dents earning bachelors degrees in biology, that will meet several currently unmet needs speed and availability of the network and help physics, and the physical sciences overall. and requirements for lateral positioning and law enforcement officers in the field prevent Requesting Member: Congressman RODNEY height information. and solve crimes by sharing information in real ALEXANDER Requesting Member: Congressman RODNEY time. FY09 funding will also support city-wide Bill Number: H.R. 1105 ALEXANDER roll-out of a camera monitoring system. The Account: LHHS, Department of Labor Bill Number: H.R. 1105 City/Parish has begun to implement a canopy Legal Name of Requesting Entity: South- Account: CJS, Department of Commerce system that uses wireless camera installations eastern Louisiana University Legal Name of Requesting Entity: Southern to monitor critical infrastructure and other hot Address of Requesting Entity: Hammond, Shrimp Alliance points throughout the City/Parish. Cameras LA Address of Requesting Entity: P.O. Box will be equipped with state-of-the-art Description of Request: Southeastern Lou- 1577 Tarpon Springs, FL 34688 ShotSpotter technology, which provides real- isiana University, Hammond, LA for a job Description of Request: National Marine time notification of gunshot events, as well as training initiative. Southeastern Louisiana Uni- Fisheries Service Shrimp Industry Fishing Ef- precise event data, such as a shooter’s loca- versity requests funding to expand its pilot ini- fort Research Continuation. In January 2008, tion. Further expansion of this project will tiative to provide a one-stop economic/work- the National Marine Fisheries Service (NMFS) allow the City/Parish to place cameras in force development and community planning/ issued a final rule implementing a comprehen- newly developing high-crime areas. smart growth assistance to meet the needs of sive management regime for achieving new Requesting Member: Congressman RODNEY post-Katrina southeast Louisiana. A recent ad- statutory mandates under the Magnuson-Ste- ALEXANDER dition to the effort is smart-growth community vens Act to end overfishing and rebuild the Bill Number: H.R. 1105 planning. Rapid population growth in the re- red snapper stock in the Gulf of Mexico. A pri- Account: CJS, Department of Justice gion pre and post-Katrina has accelerated the mary component of this plan is a substantial Legal Name of Requesting Entity: Jackson need for better planning in order to maintain reduction in the bycatch of juvenile red snap- Parish and enhance the quality of life in the area. per in the shrimp fishery that must be Address of Requesting Entity: 500 E. Court The Southeast Louisiana Business Center, in achieved through a large reduction in shrimp Street, Room 100 Jonesboro, LA 71251 conjunction with the Southeastern Social fishing effort in juvenile red snapper habitat Description of Request: Jackson Parish Science Research Center, has initiated out- areas. Failure to achieve the necessary reduc- Sheriff Department Training Complex. Funding reach to area communities in order to provide tion in shrimp fishing effort triggers a closure would be used to construct a pistol/rifle range smart growth assistance. Southeastern pro- of the shrimp fishery in these areas. Con- and a training building. poses to expand this initiative in order to in- sequently, the ability to accurately measure Requesting Member: Congressman RODNEY crease services and reach more communities where and when shrimp fishing effort occurs ALEXANDER across southeast Louisiana. each year is not only critical to achieving stat- Bill Number: H.R. 1105 Requesting Member: Congressman RODNEY utory red snapper conservation objectives, it is Account: CJS, Department of Justice ALEXANDER absolutely crucial to the future survival of the Legal Name of Requesting Entity: Lincoln Bill Number: H.R. 1105 Gulf shrimp fishery. Widely supported by in- Parish Account: CJS, Department of Commerce dustry, environmental community and federal Address of Requesting Entity: 201 N. Vi- Legal Name of Requesting Entity: Louisiana & State fishery management agencies. enna, Ruston, LA 71270 State University Requesting Member: Congressman RODNEY Description of Request: North Louisiana GIS Address of Requesting Entity: Baton Rouge, ALEXANDER Consortium. Law enforcement agencies are in- LA Bill Number: H.R. 1105 creasingly turning to Pictometry’s new visual

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intelligence tools that permit users to instantly Legal Name of Requesting Entity: Thurgood Requesting Member: Congressman RODNEY see up to 12 different views of any feature in Marshall College Fund ALEXANDER their jurisdiction. Pictometry, a small, US- Address of Requesting Entity: 80 Maiden Bill Number: H.R. 1105 owned technology firm creates libraries of a Lane Suite 2204 New York, NY 10038 Account: Energy and Water, Corps of Engi- revolutionary new form of digital, full color aer- Description of Request: Thurgood Marshall neers ial imagery and geo-spatial information. College Fund to recruit minority students who Legal Name of Requesting Entity: Red River Pictometry captures every square foot of an will pursue careers in the sciences. This pro- Waterway Commission area from as many as twelve directions. While gram will Assist NASA in its efforts to recruit Address of Requesting Entity: P.O. Box 709, Pictometry libraries consist of orthogonal minority students who will pursue careers in Shreveport, LA 71162 (straight down) images like ordinary aerial im- energy sciences. TMCF seeks to continue this Description of Request: J. Bennett Johnston aging, over 80% of the images are oblique nation’s mission to produce more minority stu- Waterway, LA. The project is located in central (taken from angles) so that features can be dents in the areas of math and science. More- and northwest Louisiana and provides for a 9- easily seen in their entirety. These images re- over, TMCF is continuing to produce more by 200-foot navigation channel extending veal the front, back, and sides of objects of in- leaders advocating economic development about 236 miles from the Mississippi River terest rather than just their tops. Within sec- with a sustained focus of educating the na- through Old River and Red River to the vicinity onds, a law enforcement officer can literally tion’s workforce and providing state-of-the-art of Shreveport, LA. Five locks and adjacent view and analyze any house, building, inter- instruction, facilities and curriculum. dams provide a lift of about 141 feet. Facilities section, fire hydrant, tree or any feature in the Requesting Member: Congressman RODNEY to provide recreation and fish and wildlife de- county from their laptop, workstation, or mo- ALEXANDER velopment are also an integral part of the bile device. Bill Number: H.R. 1105 project. Although the project is open to naviga- Requesting Member: Congressman RODNEY Account: Energy and Water, Corps of Engi- tion, refinements to the channel alignment are ALEXANDER neers necessary to improve the safety and reliability Bill Number: H.R. 1105 Legal Name of Requesting Entity: of the navigation channel as well as to reduce Account: CJS, Department of Justice Address of Requesting Entity: P.O. Box 80 maintenance dredging costs. These refine- Legal Name of Requesting Entity: Louisiana Vicksburg, MS 39181 ments consist of reinforcing or capping out ex- Sheriff’s Association Description of Request: Bayou Sorrel Lock, isting revetments as well as adding additional Address of Requesting Entity: 1175 Nichol- LA. Bayou Sorrel Lock (Intracoastal Waterway contraction structures (dikes) to improve navi- son Drive Baton Rouge, LA 70802 Locks) in the East Atchafalaya Basin Protec- gation conditions. WRDA 2007 increased the Description of Request: Louisiana Sheriffs’ tion Levee, a main-line feature of the MR&T, authorized cost for mitigation to $33,912,000 Association, Louisiana Methamphetamine is critical for flood protection and inland navi- allowing the purchase of cleared or agricultural Task Force. This grant funding will be used for gation. The funds would be used to advance lands for reforestation. the continuation of a Multi-Parish Methamphet- preconstruction, engineering and design com- Requesting Member: Congressman RODNEY amine Task Force (Louisiana Methamphet- pletion by two years. Authorization: Section ALEXANDER amine Task Force) formed in 2004. The par- 601 of WRDA 1986 (PL 99–662) Bill Number: H.R. 1105 ishes involved are Claiborne, Grant, Requesting Member: Congressman RODNEY Account: Energy and Water, Corps of Engi- Natchitoches, Rapides, Vernon, Webster, and ALEXANDER neers Winn. The grant money will be used to con- Bill Number: H.R. 1105 Legal Name of Requesting Entity: U.S. tinue paying the new personnel hired for the Account: Energy and Water, Corps of Engi- Army Corps of Engineers task force, the payment of overtime to law en- neers Address of Requesting Entity: P.O. Box 80 forcement officers directly involved in the Legal Name of Requesting Entity: U.S. Vicksburg, MS 39181 Methamphetamine Task Force, increase the Army Corps of Engineers Description of Request: Bayou Desiard, number of new hires, to purchase new equip- Address of Requesting Entity: P.O. Box 80 Monroe, LA. Bayou DeSiard is located within ment which will be specifically directed toward Vicksburg, MS 39181 Ouachita Parish in northeastern Louisiana the deterrence, location and destruction of Description of Request: Comite River (Diver- near the city of Monroe. Prior to the construc- methamphetamine labs. Additionally five per- sion Project), LA. This project was created to tion of the Ouachita River levee system, the cent (5%) of this request will be used to con- ameliorate flood losses in the Baton Rouge bayou was a flowing stream that drained into tinue paying the grant administrator. Urbanized Area. Since this project began, fed- the Ouachita River just north of Monroe. It is Requesting Member: Congressman RODNEY eral funding has not been adequate and the currently a 28-mile-long impoundment. ALEXANDER project construction schedule had to be ex- Requesting Member: Congressman RODNEY Bill Number: H.R. 1105 tended from 2011 to 2016 in accordance with LEXANDER Account: CJS, Department of Justice A Legal Name of Requesting Entity: Louisiana USACE estimates. This is caused by the inad- Bill Number: H.R. 1105 District Attorney’s Association equate annual funding that allows only the ab- Account: Energy and Water, Corps of Engi- Address of Requesting Entity: 1645 Nichol- solute minimum work to keep the project alive. neers son Drive Baton Rouge, LA 70802 $18,000,000 is necessary to adequately fund Legal Name of Requesting Entity: U.S. Description of Request: Louisiana District construction related work for the project and Army Corps of Engineers Attorney’s Association to support an early continue development of plans and specifica- Address of Requesting Entity: P.O. Box 80 intervention program for at-risk elementary tions. Vicksburg, MS 39181 students. The Prosecutor’s Early Intervention Requesting Member: Congressman RODNEY Description of Request: Frazier/Whitehouse Program (PEIP) is a proven prevention-based ALEXANDER Oxbow Lake Weir, LA. Frazier/Whitehorse program, developed by the 16th Judicial Dis- Bill Number: H.R. 1105 Oxbow Lake is located in east-central Lou- trict, that creates a conduit between the home, Account: Energy and Water, Corps of Engi- isiana, adjacent to Lindy C. Boggs Lock and school, social service agencies and the legal neers Dam. The project provides for an overtopping system in order to quickly identify and inter- Legal Name of Requesting Entity: closing to maintain minimum water levels dur- vene with elementary children who are exhib- Address of Requesting Entity: P.O. Box 80 ing period of low water. Completion of the pro- iting behavioral and/or school performance Vicksburg, MS 39181 posed project would result in positive environ- problems. Children have become more suc- Description of Request: Inner Harbor Navi- mental benefits by partially restoring historical cessful in school academically, behavioral gation Canal Lock Replacement, LA. The EIS lake water levels and the associated fish and problems in the classroom have declined and for the IHNC Lock replacement is being wildlife habitat. there has been a decrease in juvenile court fil- redone under court order and will be com- Requesting Member: Congressman RODNEY ings. pleted in December 2008. The additional ALEXANDER Requesting Member: Congressman RODNEY funds will be used to resume lock design and Bill Number: H.R. 1105 ALEXANDER award west levee contract to complete con- Account: Energy and Water, Corps of Engi- Bill Number: H.R. 1105 struction by 2018. This is a critical lock in the neers Account: CJS, National Aeronautics and GIWW system and is the #1 priority of the In- Legal Name of Requesting Entity: U.S. Space Administration land Waterways Users Board (IWUB). Army Corps of Engineers

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Address of Requesting Entity: P.O. Box 80 Requesting Member: Congressman RODNEY River and Red River to the vicinity of Shreve- Vicksburg, MS 39181 ALEXANDER port, Louisiana. Five locks and adjacent dams Description of Request: Lake St. Joseph, Bill Number: H.R. 1105 provide a lift of approximately 141 feet. The Tensas Parish, LA. Lake St. Joseph, an aban- Account: Energy and Water, Corps of Engi- project also provides for realigning the banks doned oxbow of the Mississippi River, is lo- neers of the Red River from the Mississippi River to cated in northeast Louisiana in Tensas Parish, Legal Name of Requesting Entity: U.S. Shreveport by means of dredging, cutoffs, and 4 miles north of St. Joseph, LA. The lake is a Army Corps of Engineers training works and stabilizing its banks by shallow lake, 3 to 4 feet deep, due to sedi- Address of Requesting Entity: P.O. Box 80 means of revetments, dikes, and other meth- mentation and subject to fish kills during pro- Vicksburg, MS 39181 ods. longed periods of hot weather. Description of Request: Baton Rouge Har- Requesting Member: Congressman RODNEY Requesting Member: Congressman RODNEY bor, Devil Swamp, LA. This project is to main- ALEXANDER ALEXANDER tain depth of the slack water channel for com- Bill Number: H.R. 1105 Bill Number: H.R. 1105 mercial barge traffic. Authorization: Flood con- Account: Energy and Water, Corps of Engi- Account: Energy and Water, Corps of Engi- trol Act 1948; Sect 201, P.L. 858 neers neers Requesting Member: Congressman RODNEY Legal Name of Requesting Entity: U.S. Legal Name of Requesting Entity: U.S. ALEXANDER Army Corps of Engineers Army Corps of Engineers Bill Number: H.R. 1105 Address of Requesting Entity: P.O. Box 80 Address of Requesting Entity: P.O. Box 80 Account: Energy and Water, Corps of Engi- Vicksburg, MS 39181 Vicksburg, MS 39181 neers Description of Request: Lake Providence Description of Request: Alexandria to the Legal Name of Requesting Entity: U.S. Harbor, LA. Lake Providence Harbor is an in- Gulf, LA. Funding in the amount of $790,000 Army Corps of Engineers land harbor, located along the Mississippi is necessary to complete remaining work for Address of Requesting Entity: P.O. Box 80 River in East Carroll Parish, Louisiana. With- the Feasibility Study and advance the PED. Vicksburg, MS 39181 out maintenance dredging funds, this harbor Authorization: HR 23 July 1997. Description of Request: Tensas Basin, will lose project dimensions requiring the port Requesting Member: Congressman RODNEY Boeuf and Tensas Rivers, AR & LA. The flood to be shut down during the busiest time of the ALEXANDER control project is located in central and north- year when crops are harvested and shipped. Bill Number: H.R. 1105 east Louisiana and southeast Arkansas and This harbor services many small communities Account: Energy and Water, Corps of Engi- includes the Lake Chicot pumping plant. and farmers in Louisiana. The project was neers Funds are requested to continue operation constructed in 1980 and has been maintained Legal Name of Requesting Entity: U.S. and maintenance of project features and to re- annually. The loss of navigation will have sig- Army Corps of Engineers pair bell housing; maintain Big Bayou weirs; nificant adverse economic impacts on the re- Address of Requesting Entity: P.O. Box 80 replace Motor Control Center at Lake Chicot gion. Vicksburg, MS 39181 pumping plant; paint and repair operators; pre- Requesting Member: Congressman RODNEY Description of Request: Morganza to the pare plans and specifications for Lake Chicot ALEXANDER Gulf, LA. Funding in the amount of $8,000,000 access road; and construct Lake Chicot ac- Bill Number: H.R. 1105 would be used to continue Pre-Construction cess road. Account: Energy and Water, Corps of Engi- and Design work and $10,000,000 would be Requesting Member: Congressman RODNEY neers used for construction activities authorized ALEXANDER Legal Name of Requesting Entity: U.S. under WRDA 2007. Authorization: WRDA Bill Number: H.R. 1105 Army Corps of Engineers 2007 (P.L. 110–114), Sec 1001 (24). Account: Energy and Water, Corps of Engi- Address of Requesting Entity: P.O. Box 80 Requesting Member: Congressman RODNEY neers Vicksburg, MS 39181 ALEXANDER Legal Name of Requesting Entity: U.S. Description of Request: Madison Parish Bill Number: H.R. 1105 Army Corps of Engineers Port, LA. Madison Parish Port is a fast water, Account: Energy and Water, Corps of Engi- Address of Requesting Entity: P.O. Box 80 shallow draft port, located on the Mississippi neers Vicksburg, MS 39181 River in Madison Parish, Louisiana. Without Legal Name of Requesting Entity: U.S. Description of Request: Tensas Basis, Red maintenance dredging funds, this port will lose Army Corps of Engineers River Backwater, LA. The project is located in project dimensions requiring the port to be Address of Requesting Entity: P.O. Box 80 central and northeast Louisiana. For Oper- shut down during the busiest time of the year Vicksburg, MS 39181 ations and Maintenance when crops are harvested and shipped. This Description of Request: Spring Bayou, LA. Requesting Member: Congressman RODNEY port services many small communities and The study area includes the Spring Bayou, LA, ALEXANDER farmers in Louisiana. The project was con- area, and any adjacent parishes that impact Bill Number: H.R. 1105 structed in 1980 and has been maintained an- the area. The Spring Bayou Area is comprised Account: Energy and Water, Corps of Engi- nually. The loss of navigation will have signifi- of several U.S. Fish and Wildlife Service ref- neers cant adverse economic impacts on the region. uges and state wildlife management areas, Legal Name of Requesting Entity: U.S. Requesting Member: Congressman RODNEY along with adjacent lands that have tradition- Army Corps of Engineers ALEXANDER ally been recognized as one of the most sig- Address of Requesting Entity: P.O. Box 80 Bill Number: H.R. 1105 nificant fish and wildlife and wetland eco- Vicksburg, MS 39181 Account: Energy and Water, Corps of Engi- systems in the South. Description of Request: Atchafalaya River neers Requesting Member: Congressman RODNEY and Bayous Chene, Boeuf & Black, LA. For Legal Name of Requesting Entity: U.S. ALEXANDER operations and Maintenance. Army Corps of Engineers Bill Number: H.R. 1105 Requesting Member: Congressman RODNEY Address of Requesting Entity: P.O. Box 80 Account: Energy and Water, Corps of Engi- ALEXANDER Vicksburg, MS 39181 neers Bill Number: H.R. 1105 Description of Request: Mississippi River, Legal Name of Requesting Entity: U.S. Account: Energy and Water, Corps of Engi- Baton Rouge to the Gulf of Mexico, LA. Oper- Army Corps of Engineers neers ation and maintenance funds for the Mis- Address of Requesting Entity: P.O. Box 80 Legal Name of Requesting Entity: Red River sissippi River Ship Channel Baton Rouge to Vicksburg, MS 39181 Waterway Commission the Gulf of Mexico are not adequate to keep Description of Request: Mississippi River Address of Requesting Entity: P.O. Box 709, international commerce moving without delays Levees, AR, IL, KY, LA, MS, MO & TN. Fund- Shreveport, LA 71162 and light loadings. Additional funds are need- ing in the amount of $54,100,000 is necessary Description of Request: J. Bennett Johnston ed to repair pile dikes, foreshore dikes and jet- to properly fund construction for the raising of Waterway, LA. The project is located in central ties and some residual damage to structures deficient portions of the Mississippi River Lev- and northwest Louisiana and provides for 9- from Hurricane Katrina. ees. Funds can also be used for the construc- by 200-foot navigation extending about 236 Requesting Member: Congressman RODNEY tion of a museum and interpretive site. miles from the Mississippi River through Old ALEXANDER

VerDate Mar 15 2010 14:40 Aug 05, 2011 Jkt 059102 PO 00000 Frm 00017 Fmt 0689 Sfmt 9920 E:\BR09\E25MR9.000 E25MR9 erowe on DSK5CLS3C1PROD with BOUND RECORD 8800 EXTENSIONS OF REMARKS, Vol. 155, Pt. 7 March 25, 2009 Bill Number: H.R. 1105 IN RECOGNITION OF AREA under-served communities throughout the Account: Energy and Water, Department of HEALTH EDUCATION CENTERS United States by creating partnerships be- Energy (AHECs) tween the health science centers that train health professions students, residents, faculty, Legal Name of Requesting Entity: Louisiana HON. KATHY CASTOR and practitioners and the local providers that Tech Universtiy OF FLORIDA care for our nation’s increasing number of Address of Requesting Entity: Ruston, La IN THE HOUSE OF REPRESENTATIVES medically under-served citizens. Madam Speaker, through community-based Description of Request: Bionanotechnology: Wednesday, March 25, 2009 interdisciplinary training programs, AHECs Research and Commercialization (LA). Three Ms. CASTOR of Florida. Madam Speaker, I identify, inspire, recruit, educate, and retain a biorefinery projects will help invigorate the rise today to acknowledge the contributions of health care workforce committed to under- economy in North Louisiana and decrease the the nation’s Area Health Education Centers served populations. To that end, I would like entire nation’s dependency on fossil fuels. (AHECs) and applaud the vitally important to take this opportunity to officially recognize Louisiana Tech has world class expertise in- healthcare workforce programs they conduct National AHEC Week, March 23 through cluding algae to biodiesel, cellulosic ethanol, to improve access to healthcare for medically March 27, 2009. and nanoengineered fischer-tropsch catalysts. under-served individuals. f AHECs, established by Congress in 1971 as f one of the Title VII Health Professions Train- A TRIBUTE TO GLORIA COOKE ing programs, are the workforce development, A TRIBUTE TO CONSTANCE V. training and education machine for the na- HAY-ALLEYNE HON. EDOLPHUS TOWNS tion’s healthcare safety net programs. Across OF NEW YORK the nation, 54 AHEC programs and more than IN THE HOUSE OF REPRESENTATIVES 200 affiliated AHEC centers collaborate with HON. EDOLPHUS TOWNS over 120 medical schools and 600 nursing Wednesday, March 25, 2009 OF NEW YORK and allied health programs to improve the Mr. TOWNS. Madam Speaker, I rise today quality, geographic distribution and diversity of in recognition of Gloria Cooke, President of IN THE HOUSE OF REPRESENTATIVES the primary care workforce. the AARP National Organization and commu- Wednesday, March 25, 2009 Last year, AHECs facilitated the placement nity activist. of more than 44,000 health professional stu- Gloria Cooke was born and raised in Brook- Mr. TOWNS. Madam Speaker, I rise today dents in almost 17,000 community-based lyn, New York. Gloria attended Franklin K. in recognition of Constance V. Hay-Alleyne. practice settings nationwide including commu- Lane High School, and completed her edu- Constance has lived life as a goal oriented nity health centers, rural health clinics, critical cation at Kingsborough College where she and knowledgeable Registered Nurse with am- access hospitals, tribal clinics and public majored in computer technology. bitious and humanitarian social motivations. health departments. To address the growing Ms. Cooke attends Mt. Sion Baptist Church shortage of health care professionals in Amer- Constance is well known in the Panamanian faithfully, under the direction of Pastor Dan ica, nearly 102,000 students received more and Caribbean communities. Her delightful in- Craig. than 20 hours of health career exposure, infor- tellectual curiosity has served her professional Gloria was a care giver for her mother and mation, and academic enhancement to pre- growth well. She holds a BSN and MSN de- brother before they expired. pare them for health professions training pro- Gloria’s love of her life is her only son grees from Medgar Evers College in Brooklyn, grams. Charles. New York and Georgetown University, in The University of South Florida’s AHEC Pro- Ms. Cooke entered into the work force and Washington D.C., respectively. She has distin- gram connects students to careers, profes- became a leader in the banking industry for a guished herself as a competent Nurse Man- sionals to communities, and communities to period of 36 years. She worked for Bankers ager and Administrator for over three decades, better health. The USF AHEC Program in- Trust for 25 years, and Chase Manhattan. She in the Brooklyn, Manhattan, and Washington spires youth to choose a career in the health also is a member of Penn Wortman Senior D.C areas. In 1981, she joined the United professions with its health career camps, men- Center. Gloria is a community activist and en- States Army Nurses Corps, served as a Cap- toring programs, college preparatory courses joys volunteering to help her community, tain, active duty and in reserve. and more. USF focuses on recruiting more mi- neighbors and friends to help them in anyway At home, Constance has raised her four nority and disadvantaged youth into health ca- she can. children to love and respect everyone espe- reers because as the nation’s population be- Ms. Cooke is the President of the AARP cially their elders. She insufflated in them posi- comes more diverse, it is important that the National Organization; she was given the posi- tive outlooks in life and motivation to do ‘‘as health care workforce reflects that diversity. tion in the AARP Chapter which was founded much as they can’’ with care and dignity. It AHECs in the Tampa Bay area are dedicated by Director of Penn Wortman and Pink Senior could not be otherwise since this has been an to community service and committed to en- Center Liz Sanders. The AARP Chapter serv- inheritance from her parents: John who died at hancing the lives of Florida’s most vulnerable ices the East New York community. the age of 114 and Imogene, at age 82. Faith- populations who often go without health care Her favorite hobby is travelling to the Carib- ful to that motto, she has been involved in due to geographic isolation and economic or bean Islands at least three times a year which many other activities such as a mediator at social status. Local AHECs work tirelessly to inspired her to become a travel agent. the Fafe Horizon Brooklyn Mediation Center, ensure that no Floridian is without timely ac- f as a Board Member of the Community Board cess to quality health care, and last year alone 5 and as the Chair for Education and Training more than 1,700 medical students from the A TRIBUTE TO BARBARA NICOLE for Tashia’s Life, a lupus foundation. USF AHECs provided more than 215,000 HOWARD hours of care to an estimated 350,000 pa- She was miraculously rescued from the tients. September 11, 2001 disaster at WTI. This en- HON. EDOLPHUS TOWNS Not only have AHECs have supported the counter made her redefine her mission on OF NEW YORK education of future professionals, but they IN THE HOUSE OF REPRESENTATIVES earth, realizing that God had saved her life for have supported more than 400,000 health pro- some special purpose. She serves the Lord at fessionals caring for the medically under- Wednesday, March 25, 2009 St. Alban’s Episcopal Church in Canarsie, served with programs designed to enhance Mr. TOWNS. Madam Speaker, I rise today Brooklyn, where she functions as a Lay their skills, knowledge, and quality of care. in recognition of Barbara Nicole Howard, a Ecinencial Minister, as well as a Vestry. AHECs have awarded 1.1 million contact Health Department Representative and distin- Throughout her career, Mrs. Hay-Alleyne hours of continuing education programs to cur- guished public servant. has received numerous awards and recogni- rent health professionals. AHECs extend the Barbara Howard is a Health Department tions including: being featured in ‘‘Who’s academic resources of health professions Representative for the NYC Department of Who?’’ in Nursing in Cambridge. training programs into rural and medically Health and Mental Hygiene’s Public Health

VerDate Mar 15 2010 14:40 Aug 05, 2011 Jkt 059102 PO 00000 Frm 00018 Fmt 0689 Sfmt 9920 E:\BR09\E25MR9.000 E25MR9 erowe on DSK5CLS3C1PROD with BOUND RECORD March 25, 2009 EXTENSIONS OF REMARKS, Vol. 155, Pt. 7 8801 Detailing Program. The Public Health Detailing programs, Ms. Hughes implemented an ‘‘An- Madam Speaker, please join me in recog- Program works with primary health care pro- nual Mardi Gras Health and Awareness’’ event nizing the extraordinary level of passion and viders to improve patient care around key pub- which brought local programs such as the commitment towards the betterment of our lic health challenges in the areas of NYC with public library, Office of Environmental Man- youth that Leora Keith has given us. healthcare disparities. Ms. Howard provides agement and Parks Department to the com- medical providers with clinical tools and pa- munity to explain the services they offer. f tient education materials via one-on-one rela- As the current Grievance Committee Chair- tionships to improve health outcomes in the person of the Brueuklen Tenant Association, A TRIBUTE TO CARMEN LOURDES community. Ms. Hughes acts as a liaison between the MARTINEZ Barbara Nicole Howard was born in the community residents and the management of Bronx, New York to Henry and Barbara How- the Breukelen Housing Development by keep- ard. The family moved to Staten Island shortly ing abreast of the needs of the community and HON. EDOLPHUS TOWNS forwarding them to the proper people to have thereafter due to the need for a larger apart- OF NEW YORK ment and the 1970’s housing shortage. them resolved. Through the years, she volunteered at soup As a community activist, Ms. Hughes can be IN THE HOUSE OF REPRESENTATIVES found working with the Breukelen Community kitchens, homeless shelters, HIV/AIDS pro- Wednesday, March 25, 2009 grams, special needs children’s organizations, Head Start Program, Breukelen Community and hospitals; developing a heart for servicing Center, elected officials, neighborhood busi- Mr. TOWNS. Madam Speaker, I rise today the community. nesses and her C.B.O.F.A.N. to ensure that in recognition of Carmen Lourdes Martinez, Ms. Howard obtained a Bachelor’s of Art the needs of her community are met for the Director of the Community Action Center in Degree in Sociology and a minor in Urban Af- betterment of the community. the Office of the New York City Comptroller. Please join me Madam Speaker in recog- fairs from Hunter College. After completing her Carmen was born in Santo Domingo, Do- studies, she worked in Brooklyn for the Legal nizing Vanessa Hughes’ passion for public service. minican Republic; she immigrated to Brooklyn, Aid Society as a Forensic Social Work Assist- New York at the age of eight and is a product f ant finding alternatives to incarceration for cli- of the New York City public school system. ents. She was then afforded the opportunity to A TRIBUTE TO LEORA KEITH She is a graduate of the City University of work with the NYC Health and Hospital Cor- New York, having obtained a Bachelor of poration’s Discharge Planning Program at Science Degree in Business Administration Riker’s Island for the mentally ill population as HON. EDOLPHUS TOWNS OF NEW YORK from Medgar Evers College and continued her a Discharge Planner. She also had several IN THE HOUSE OF REPRESENTATIVES graduate studies in Public Administration at promotions and worked as Supervisor of Dis- Brooklyn College. charge Planning / Community Liason. Ms. Wednesday, March 25, 2009 Howard enrolled in Baruch College’s Execu- Mr. TOWNS. Madam Speaker, I rise today Carmen is currently Director of the Commu- tive Master of Public Administration program. in recognition of Leora Keith. nity Action Center in the Office of New York Afterwards, Ms. Howard recommitted to public Mrs. Leora Keith is a widow and mother of City Comptroller William C. Thompson, Jr. service as Provider Liason for the NYC De- four biological daughters. She is the adoptive Since joining the office on May 18, 1992, Car- partment of Health and Mental Hygiene’s Early mother of two and a past foster mother. She men has rendered service to over 87,000 con- Intervention Program. After three years with is a retired early childhood educator who stituents, run the Comptroller’s Foreclosure the Early Intervention Program, Ms. Howard served thirty seven years with the New York Intervention Hotline, and served as Manage- devoted herself to public health and began to City Board of Education. Mrs. Keith encour- ment Co-Chair of the Comptroller’s Quality of work with the Public Health Detailing Program. aged countless children and their families, as Work Life, Employees Recognition Committee. Although, she continues to live in Staten Is- she guided them towards successful careers. Carmen’s many personal awards and rec- land, Ms. Howard has made Brooklyn her sec- Mrs. Keith has been a member of the Upper ognitions include: Aegis Society, Inc. The Fed- ond home. She works, worships, and has Room Full Gospel Baptist Church for more eration of African-American Civil Service Orga- many friends within Brooklyn. Ms. Howard is than thirty years, where she has served on the nizations, Inc. Merit Award; National Associa- currently an active member of the Brooklyn Usher Board, as church clerk, worked with the tion for Equal Opportunity in Higher Education Tabernacle in downtown Brooklyn. youth and sings in the Senior Choir. Through Distinguished Alumni Award; Caribbean Amer- f her work with her congregation, she has in- ican Chamber of Commerce & Industry, Inc. spired many with her commitment to family, 21st Century Visionary Award; Brooklyn Bor- A TRIBUTE TO VANESSA HUGHES community and church. ough President Outstanding Achievement Mrs. Keith is affiliated with the Order of Award; Bedford Stuyvesant Community Legal HON. EDOLPHUS TOWNS Eastern Star under the Star of Bethlehem Services Corporation Outreach Self-Help Pro- OF NEW YORK Grand Chapter where she held the titles of gram Valedictorian and Outstanding Scholar- IN THE HOUSE OF REPRESENTATIVES Matron and a Deputy Grand Matron. She is a ship Award. lifelong member of the National Council of Wednesday, March 25, 2009 Negro Women Inc., where she served as Vice Outside of work, Carmen volunteers her Mr. TOWNS. Madam Speaker, I rise today President of the Brooklyn section. A member time to grassroots activities designed to ad- in recognition of Vanessa Hughes. of the Brooklyn Reading Association, The New vance the community. She is a Charter Mem- Vanessa Hughes was born August 17, 1959 York Alliance of Black School Educators, ber and a member of the Board of Directors to Rose and Leonard Reid Sr. She is the mid- Board member of the Nascent Victorian Place of the Brooklyn Metropolis Lions Club; a Char- dle of five children and has two surviving Cultural Center, which is a non-profit multi-cul- ter Member and former member of the Board brothers, Jeffrey and Bruce, one sister tural center, dedicated to building links be- of Directors of the Central Brooklyn Federal Shelissa, and a deceased brother Leonard Jr. tween communities. She is currently President Credit Union; Former Member of the Board of Ms. Hughes attended neighboring schools, of Tompkins Houses Resident Association Directors of the Central Brooklyn Partnership; P.S. 260 and JHS 211. She has worked to Inc., where she partners with the Fresh Air participant in the New York City Department of support her community throughout her life. Fund and Literacy Teen Reading partner pro- Education’s Kids and the Power of Work Pro- Known for her energy and enthusiasm, Ms. gram. Mrs. Keith is also a member of the gram and volunteers as a judge for the New Hughes is the founder of the Community Cabs Home Attendants Service Inc., and Con- York City Working in Support of Education, Based Operations for All Neighborhoods, a tinuous Quality Improvement committee. Quality of Life Program. Recently Carmen community civic group whose motto is ‘‘Build- Leora Keith received a Bachelor Degree in completed her third term as President of the ing Better Communities One Block at a Time.’’ Professional Studies from Pace University’s Alumni Association of Medgar Evers College. The need for community, social, recreational Manhattan campus with a concentration in Carmen reared three children as a single and education programs was the structure for reading. She has master credits from Touro mother, Grace M. Benjamin, Harry ‘‘Jamie’’ the implementation of C.B.O.F.A.N. A strong Graduate School of Education and Psychology Martinez-Benjamin and Xiomara L. Maloney advocate of children oriented activities and in Early Childhood and Special Education. and is the proud grandmother of three.

VerDate Mar 15 2010 14:40 Aug 05, 2011 Jkt 059102 PO 00000 Frm 00019 Fmt 0689 Sfmt 9920 E:\BR09\E25MR9.000 E25MR9 erowe on DSK5CLS3C1PROD with BOUND RECORD 8802 EXTENSIONS OF REMARKS, Vol. 155, Pt. 7 March 25, 2009 A TRIBUTE ROSEMARIE cumstances along with them, but the oppor- Please join me, Madam Speaker, in recog- ARMSTEAD-LOWERY tunity to meet life head-on continues to nizing Ms. White’s proven record in service to present itself each day and for this she is eter- her community. HON. EDOLPHUS TOWNS nally grateful. f f OF NEW YORK A TRIBUTE TO AWILDA ROSARIO IN THE HOUSE OF REPRESENTATIVES A TRIBUTE TO RUTH SIBLER Wednesday, March 25, 2009 HON. EDOLPHUS TOWNS Mr. TOWNS. Madam Speaker, I rise today HON. EDOLPHUS TOWNS OF NEW YORK in recognition of Rosemarie Armstead-Lowery, OF NEW YORK IN THE HOUSE OF REPRESENTATIVES educator and community activist. IN THE HOUSE OF REPRESENTATIVES Wednesday, March 25, 2009 Rosemarie Armstead-Lowery has always Wednesday, March 25, 2009 been a child of her community. Community Mr. TOWNS. Madam Speaker, I rise today has shielded her, nurtured her, and allowed Mr. TOWNS. Madam Speaker, I rise today in recognition of Awilda Rosario, a woman her the freedom to be herself in a world where in recognition of Ruth Sibler, a dedicated pub- committed to the dignified care of the aging in the expectations of others often times limit lic servant for 26 years. her community. one’s horizon. The major influences of her life Ruth Sibler is a volunteer at Public School Awilda Rosario was born in Fajardo, Puerto have been family and Church and they, in that 273 in New York City. She was born in Brook- Rico on December 3, 1951. She grew up with order, are responsible for much of who she lyn, New York and has lived in Brooklyn for her mother, step-father and three sisters. Early has become. For the last sixty of her seventy seventy-three years. on she was irresistibly attracted to reading and years, she has found her niche in serving that Ms. Sibler has worked diligently for the learning about the world and how people live. community that has nurtured her. She has Teamster’s Union for the 26 years prior to her During her high school years, inspired by her been teaching the youngsters of her commu- retirement, and death of her husband, Mr. Spanish Literature teachers, she discovered nity for almost fifty years. Rosemarie has been Sibler. Following her retirement, Ms. Sibler her love for human studies. After graduating a Day Care director at the Horace E. Greene volunteered with P.S. 273 to assist in the li- from high school in the town of Loiza, she at- Day Care Center in the Bushwick section of brary. tended the University of Puerto Rico where Brooklyn at a time of transition for child care. Ms. Sibler considers volunteering in school she completed a Bachelors degree in Spanish She implemented a change in school-age pro- the ‘‘love of her life’’, along with her children Literature with a minor in Sociology. gramming which made her center one of the and grand-children, and brings a constant After teaching Spanish Literature at the high model programs for city wide school-age pro- youthful insightfulness to her volunteer work. school level, Ms. Rosario decided to immigrate grams. Madam Speaker, Please join me in recog- to New York, invited by one of her cousins After her directorship in daycare, Ms. Low- nizing Ruth Sibler for her time and dedication who already lived there. Once in New York, ery returned to the classroom in the public to public service. she started to connect with her ex-classmates school where she spent the next 12 years nur- f and friends who helped her land her first job. turing the students in her care at P. 335 in the A TRIBUTE TO ZENOBIA C. WHITE Because there are no accidents, that first job Bedford Stuyvesant section of Brooklyn. She was as a Caseworker at Diana Jones Senior considered her job to be a facilitator, one who Center in Williamsburg, Brooklyn. Her position made learning both possible and enjoyable. It HON. EDOLPHUS TOWNS afforded her the opportunity to work with com- OF NEW YORK was her responsibility to show youngsters that munity groups to advocate on behalf of the el- IN THE HOUSE OF REPRESENTATIVES learning was fun and that they could soar be- derly. yond their wildest dreams if they were willing Wednesday, March 25, 2009 At that moment, just emerging from the to put forth the effort. Rosemarie was judged Mr. TOWNS. Madam Speaker, I rise today 70’s, the New York City Department for the a nonconformist by some of her peers be- in recognition of Zenobia White. Aging was not as yet the developed and di- cause of her unorthodox methods for reaching Zenobia always knew that after high school verse agency that it is today. The needs of the her students, but in the end the success of her she wanted to do something meaningful. After minority elderly, especially those unable to un- students was her vindication. successfully completing four years at Beach derstand the complexity of the benefits and In 1988, Ms. Lowery decided to embark on Channel High School in Far Rockaway, New entitlement programs went mostly unmet. a venture of her own and opened The Learn- York with honors, she enlisted with the United Many minority elderly individuals simply did ing Center of Bedford Stuyvesant in a brown- States Army as an Army Supply Specialist and not apply for benefit programs because they stone in Bedford Stuyvesant. The independent served four years in Germany. did not know they existed. Even if they knew, school was in response to the desire of par- After leaving the Army, Zenobia worked for they didn’t know how to apply for them. For ents for an alternative to the public school. the New York City Corrections Department this reason, she joined forces with Mr. Ed The individualization of the learning process working in prison complexes across the city in- Mendez-Santiago, who would later be ap- for each student was its strength. The pro- cluding Riker’s Island, Brooklyn’s Men’s House pointed the Commissioner for the New York gram was based on an eleven month cur- of Detention and Kings County Hospital’s pris- City Department for the Aging. The organiza- riculum where travel was an important compo- on ward. tion he founded, the Spanish Speaking Elderly nent. The students were encouraged to study Zenobia White married James White and Council-Raices, became a forerunner for ad- and become part of the culture they visited. the couple had two children, Daryl and vocacy and expansion of services that made They have traveled to Canada, Alaska, Mex- Jameha White. benefits and entitlement programs accessible ico, Puerto Rico, Washington D.C., Virginia Ms. White continued to work for New York to the minority elderly. She held the position of and around the local tri-state area. Unfortu- City with the Health and Hospital Corporation Chairperson of the Board for a good number nately, the Learning Center closed at the end and the Metro Plus Health Plan. In this posi- of years. of its twentieth year because Ms. Lowery has tion she enrolled over two hundred families for After a few years of working as a case- turned yet another page. the East New York D&TC. As a recognized worker, Ms. Rosario was appointed as the Di- In the summer of 2007, the Roman Catholic community activist, she joined the community rector of the North Brooklyn meals-on-wheels Diocese of Brooklyn/Queens created a new tri- board of the East New York D&TC, where she program, also funded by the Department for Church configuration by combining the par- remains active. the Aging and sponsored by Wartburg Lu- ishes of Holy Rosary, our Lady of Victory, and Ms. White now works as a Medicare sales theran Home for the Aging. During that time St. Peter Claver into a new tri-church Parish representative for the Emblem health plan, Ms. Rosario became very active with the com- called St. Martin de Porres. Ms Lowery was where working for senior citizens has become munity and served as a member of the Board hired as the Temporalities Manager. Her func- one of her greatest joys. of Directors of several organizations including tion is to act as a business manager of the Zenobia White holds the position of Vice the New York State Office for the Aging, Vi- newly formed Parish. She is currently respon- President for Sister Sister In-law, a women’s sion for the Blind, East New York Interagency sible for the fiscal and temporal care of the group which assists and mentors young Council and the Brownsville-Ocean Hill Inter- Parish and its facilities. Times change, and cir- women in their communities. agency Council.

VerDate Mar 15 2010 14:40 Aug 05, 2011 Jkt 059102 PO 00000 Frm 00020 Fmt 0689 Sfmt 9920 E:\BR09\E25MR9.000 E25MR9 erowe on DSK5CLS3C1PROD with BOUND RECORD March 25, 2009 EXTENSIONS OF REMARKS, Vol. 155, Pt. 7 8803 After completing her Masters in Social Work Homeland Security and Governmental Af- Appropriations and Administration at Hunter College, fairs State, Foreign Operations, and Related Wartburg Lutheran offered her the position of Oversight of Government Management, the Programs Subcommittee Director of Adult Day Health Care program Federal Workforce, and the District of To hold hearings to examine assistance which she held until several years ago. After Columbia Subcommittee for civilian casualties of war. 21 years with Wartburg, Ms. Rosario came to To hold hearings to examine the Office of SD–138 work with Brooklyn United Methodist Church the Chief Financial Officer, focusing on Veterans’ Affairs Home to serve as Director of their Adult Day the progress it has made since the fi- To hold hearings to examine the nomina- nancial crisis of the 1990s, the financial tion of W. Scott Gould, of the District Care Program. As always, she continues to management challenges in the years of Columbia, to be Deputy Secretary of enjoy her work with the elderly and with those ahead, and the steps that are being Veterans Affairs. whose needs can be met by the services of- taken to address those challenges. SR–418 fered by this program. She is grateful to SD–342 2 p.m. Brooklyn United Methodist for the opportunity Environment and Public Works Agriculture, Nutrition, and Forestry to continue working with the community and Water and Wildlife Subcommittee To hold hearings to examine pending doing what she likes. To hold hearings to examine Environ- nominations. f mental Protection Agency’s role in SR–328A SENATE COMMITTEE MEETINGS promoting water use efficiency. 2:30 p.m. SD–406 Judiciary Title IV of Senate Resolution 4, 2:15 p.m. To hold hearings to examine the nomina- agreed to by the Senate on February 4, Foreign Relations tions of David F. Hamilton, of Indiana, 1977, calls for establishment of a sys- Business meeting to consider pending to be United States Circuit Judge for tem for a computerized schedule of all calendar business. the Seventh Circuit, and Ronald H. meetings and hearings of Senate com- S–116, Capitol Weich, of the District of Columbia, to mittees, subcommittees, joint commit- 2:30 p.m. be an Assistant Attorney General, De- tees, and committees of conference. Banking, Housing, and Urban Affairs partment of Justice. This title requires all such committees Economic Policy Subcommittee SD–226 to notify the Office of the Senate Daily To hold hearings to examine lessons from Armed Services Digest—designated by the Rules Com- the New Deal. Personnel Subcommittee mittee—of the time, place, and purpose SD–538 To hold hearings to examine the imple- of the meetings, when scheduled, and 2:45 p.m. mentation of Wounded Warrior policies any cancellations or changes in the Foreign Relations and programs. meetings as they occur. Near Eastern and South and Central Asian SD–106 As an additional procedure along Affairs Subcommittee APRIL 2 with the computerization of this infor- To hold hearings to examine the return and resettlement of displaced Iraqis. mation, the Office of the Senate Daily 10 a.m. SD–419 Digest will prepare this information for Homeland Security and Governmental Af- printing in the Extensions of Remarks fairs APRIL 1 To hold hearings to examine recovery section of the CONGRESSIONAL RECORD 9:30 a.m. and reinvestment spending. on Monday and Wednesday of each Armed Services SD–342 week. To hold hearings to examine United Meetings scheduled for Thursday, States policy toward Afghanistan and APRIL 22 March 26, 2009 may be found in the Pakistan. 2:30 p.m. Daily Digest of today’s RECORD. SD–106 Veterans’ Affairs Small Business and Entrepreneurship To hold hearings to examine pending MEETINGS SCHEDULED To hold hearings to examine the nomina- health related legislation. MARCH 31 tion of Karen Gordon Mills, of Maine, SR–418 9:30 a.m. to be Administrator of the Small Busi- Agriculture, Nutrition, and Forestry ness Administration. MAY 6 To hold hearings to examine Federal SR–428A 9:30 a.m. school meal programs, focusing on nu- 10 a.m. Veterans’ Affairs trition for kids in schools. Environment and Public Works To hold hearings to examine pending SR–328A Clean Air and Nuclear Safety Sub- benefits related legislation. 10 a.m. committee SR–418 Commerce, Science, and Transportation To hold an oversight hearing to examine To continue hearings to examine health the Environmental Protection Agen- MAY 21 insurance industry practices. cy’s renewable fuel standard. 9:30 a.m. SR–253 SD–406 Veterans’ Affairs Finance Health, Education, Labor, and Pensions To hold an oversight hearing to examine Business meeting to markup pending leg- Business meeting to consider pending a six month update on the Troubled islation. calendar business. Asset Relief Program (TARP). SR–418 SD–430 SD–215

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