E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 109 CONGRESS, SECOND SESSION

Vol. 152 WASHINGTON, MONDAY, JULY 24, 2006 No. 98 House of Representatives The House met at 12:30 p.m. and was Consider, for example, that life ex- agriculture sector as well, including 600 called to order by the Speaker pro tem- pectancy is only 45 years; 71 percent of farmers in the Jalalabad region who pore (Mr. CONAWAY). Afghans over 15 cannot read or write; have received training in harvest han- f 91 percent of all rural women are illit- dling, packaging and marketing to im- erate. Three out of five girls do not go prove their business opportunities. DESIGNATION OF SPEAKER PRO to school, and most of the existing in- This program is developing a regional TEMPORE frastructure has been destroyed. Under market information system to develop The SPEAKER pro tempore laid be- those conditions, we realize that quality standards and retail marketing fore the House the following commu- progress still is able to proceed. measures for farmers and business peo- nication from the Speaker: Now, in testimony before the House ple. WASHINGTON, DC, Armed Services Committee, James Over 4,000 women in 13 districts have July 24, 2006. Kunder, the Assistant Administrator benefitted from the micro-enterprise I hereby appoint the Honorable K. MICHAEL for Asia and the Near East for USAID development projects that train them CONAWAY to act as Speaker pro tempore on said, ‘‘Historically, the vast majority and increase their income potential. this day. of Afghans have not had access to elec- Said one of these recipients, a mother J. DENNIS HASTERT, tricity or safe water. In some remote, of five in one province, quote, I learned Speaker of the House of Representatives. mountainous villages, the nearest how to sell and to market my products f paved road is a 2-week walk away. And during the USAID training, so I now MORNING HOUR DEBATES when USAID first arrived in Kabul, sell cheese in the neighborhood and in much of the population had been se- the nearest markets. The skill of The SPEAKER pro tempore. Pursu- verely traumatized after years and cheesemaking has helped me and my ant to the order of the House of Janu- years of war. Most Afghans did not re- family to stand on our own two feet ary 31, 2006, the Chair will now recog- member a time when conflict was not a and depend on this, instead of poppy nize Members from lists submitted by major part of their lives.’’ cultivation. the majority and minority leaders for So, my colleagues, against this back- Furthermore, Afghanistan’s recon- morning hour debates. The Chair will ground, the overthrow of the Taliban struction has made considerable alternate recognition between the par- by the United States and coalition progress during the past 4 years. Re- ties, with each party limited to not to forces, the rebuilding of roads and in- cently, the World Bank reported that exceed 30 minutes, and each Member, frastructure, and the widespread par- ‘‘led by the government with inter- except the majority leader, the minor- ticipation by the Afghan people in national support, but relying most on ity leader, or the minority whip, lim- presidential and parliamentary elec- the energy and initiative of the Afghan ited to not to exceed 5 minutes. tions is a monumental and historic people themselves, reconstruction has The Chair recognizes the gentleman achievement. Afghanistan continues to resulted in solid achievements. Eco- from Florida (Mr. STEARNS) for 5 min- confront obstacles, but the colossal nomic growth, unprecedented primary utes. steps forward that have already been school enrollments, including for girls, f taken should not be underestimated. great expansion of immunization, reha- In order to increase business opportu- bilitation of major highways, a new PROGRESS IN AFGHANISTAN nities and develop a private sector in and stable currency, promulgation of a Mr. STEARNS. Mr. Speaker, I come Afghanistan, the USAID’s Alternative new constitution, presidential and par- to the floor to talk about progress in Livelihoods’ Private Sector Develop- liamentary elections, return of refu- Afghanistan. There has been a lot of ment Unit opened their first Eastern gees and the demobilization of militias publicity lately about questioning that Regional Business Development Center . . . Yet the challenges still remain progress. in Jalalabad. Now, my colleagues, this enormous.’’ My colleagues, since the onset of Op- office works closely with local govern- Since 2001, the United States has eration Enduring Freedom, Afghani- ment, national and international com- dedicated $60.5 million for primary edu- stan has made real and substantive munities, to promote business enter- cation to construct schools, train progress. To understand the degree to prises, effective services and full em- teachers, provide books and supplies. which this progress can be measured, it ployment. Currently, approximately 5.3 million is important, of course, to remember Approximately 6,000 businesses have Afghan children are enrolled in the many obstacles that we faced in Af- already registered in one of the prov- schools, and 40 percent of them are fe- ghanistan. inces. There have been successes in the males.

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.

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VerDate Aug 31 2005 02:06 Jul 25, 2006 Jkt 049060 PO 00000 Frm 00001 Fmt 4634 Sfmt 0634 E:\CR\FM\A24JY7.000 H24JYPT1 jcorcoran on PROD1PC62 with HOUSE H5570 CONGRESSIONAL RECORD — HOUSE July 24, 2006 In contrast, on June 11, 2006, the Pursuant to clause 1, rule I, the Jour- That the Senate passed without amend- Taliban extremists burned a school and nal stands approved. ment H.R. 4995. That the Senate passed without amend- have been implicated or have claimed f responsibility for damaging more than ment H.R. 5245. PLEDGE OF ALLEGIANCE That the Senate passed without amend- 45 schools, assassinating teachers and ment H.R. 4101. intimidating school-age children in the The SPEAKER pro tempore. Will the With best wishes, I am, past year. Notwithstanding the Taliban gentleman from Texas (Mr. POE) come Sincerely, threat, three volunteer teachers and 60 forward and lead the House in the KAREN L. HAAS, students traveled as far as 9 miles to Pledge of Allegiance. Clerk of the House. Mr. POE led the Pledge of Allegiance attend the first day of school outside of f their city in Afghanistan. That is as follows: progress. I pledge allegiance to the Flag of the PEACE, PEACE, AT ANY PRICE The United States has provided more United States of America, and to the Repub- PEACE? than $87 million to health care pro- lic for which it stands, one nation under God, (Mr. POE asked and was given per- indivisible, with liberty and justice for all. grams throughout Afghanistan. This mission to address the House for 1 funding includes programs to train f minute and to revise and extend his re- women as health care workers, commu- COMMUNICATION FROM THE marks.) nity midwives, and improving health CLERK OF THE HOUSE Mr. POE. Mr. Speaker, people cry care, including the construction of The SPEAKER pro tempore laid be- peace, peace. But there can be no peace women’s wings at hospitals and dor- fore the House the following commu- as long as there is one side that enjoys mitories. As of March, 2006, USAID has nication from the Clerk of the House of the shooting and refuses to stop. completed 454 clinics that serve 340,000 Representatives: Hezbollah, a gang of psychothugs and patients per month. Overall, the U.S. criminals, kidnapped Israelis and are has provided basic health services to OFFICE OF THE CLERK, HOUSE OF REPRESENTATIVES, firing rockets from their hole in the more than 5 million people in 14 prov- Washington, DC, July 21, 2006. wall in southern Lebanon into Israel. inces. USAID has trained over 6,000 Af- Hon. J. DENNIS HASTERT, Israel has responded and their com- ghan community health care profes- The Speaker, House of Representatives, manders say they are going to take out sionals. Washington, DC. these terrorists. As we can see, Mr. Speaker, much DEAR MR. SPEAKER: Pursuant to the per- Now appeasement peaceniks who be- progress has been made in Afghanistan, mission granted in Class 2(b) of rule II of the lieve in peace at any price, like Rules of the U.S. House of Representatives, but much work still remains. We must France’s Chirac, want Israel to stop continue this process towards a free the Clerk received the following message from the Secretary of the Senate on July 21, and talk things over, probably over a and prosperous Afghanistan. 2006, at 12:40 pm: bottle of French wine. f That the Senate Agreed to without amend- But Hezbollah won’t stop shooting. RECESS ment H. Con. Res. 448. These are the same pseudopeace ex- With best wishes, I am, perts that told Israel to withdraw from The SPEAKER pro tempore. Pursu- Sincerely, occupying Lebanon. Israel did just that ant to clause 12(a) of rule I, the Chair KAREN L. HAAS, back in 2000, then gave up Gaza to the Clerk of the House. declares the House in recess until 2 Palestinians so there would be so- p.m. today. f called land for peace. Accordingly (at 12 o’clock and 37 COMMUNICATION FROM THE But the terrorists in Gaza, Hamas, minutes p.m.), the House stood in re- CLERK OF THE HOUSE are shooting rockets into southern cess until 2 p.m. The SPEAKER pro tempore laid be- Israel, while Hezbollah terrorists, still f fore the House the following commu- in Lebanon, are shooting rockets into b 1400 nication from the Clerk of the House of northern Israel. And the world’s peace police still whine for harmony. AFTER RECESS Representatives: Mr. Speaker, you make peace by The recess having expired, the House OFFICE OF THE CLERK, U.S. HOUSE OF REPRESENTATIVES, making the terrorist criminals stop was called to order by the Speaker pro Washington, DC. July 21, 2006. shooting. Here guns talk louder than tempore (Mr. CONAWAY) at 2 p.m. Hon. J. DENNIS HASTERT, appeasement words. And that’s just the f The Speaker, House of Representatives, way it is. Washington, DC. PRAYER f DEAR MR. SPEAKER: Pursuant to the per- The Chaplain, the Reverend Daniel P. mission granted in Clause 2(h) of Rule II of ANNOUNCEMENT BY THE SPEAKER Coughlin, offered the following prayer: the Rules of the U.S. House of Representa- PRO TEMPORE Lord God, as the voice of truth, You tives, the Clerk received the following mes- tell us: ‘‘Whoever perseveres to the end sage from the Secretary of the Senate on The SPEAKER pro tempore. On July will be saved.’’ July 21, 2006, at 10:00 a.m: 24, 1998, at 3:40 p.m., Officer Jacob J. That the Senate agreed to S. Con. Res. 112. Chestnut and Detective John M. Gib- On this Monday, as we embrace this That the Senate passed with amendments week and the work You require of us, son of the United States Capitol Police H.R. 4472. were killed in the line of duty defend- both as this institution of leadership That the Senate passed S. 2690. and as Americans, Your children born That the Senate passed S. 3187. ing the Capitol against an intruder of freedom, give us the grace of perse- That the Senate passed without amend- armed with a gun. verance. ment H.R. 2977. At 3:40 p.m. and in between votes May daily work and prayerful hopes That the Senate passed without amend- that are to commence at 6:30 p.m., the ment H.R. 3440. Chair will recognize the anniversary of guide us a step at a time to reach the That the Senate passed without amend- goals that will bring fulfillment to the this tragedy by observing a moment of ment H.R. 3549. silence in their memory. promises of our constitutional lives as That the Senate passed without amend- a people and lead us to find eternal re- ment H.R. 3934. f ward for just deeds, both now and for- That the Senate passed without amend- ALLEVIATING THE PROBLEM OF ever. Amen. ment H.R. 4108. That the Senate passed without amend- HIGH GAS PRICES f ment H.R. 4456. (Ms. FOXX asked and was given per- THE JOURNAL That the Senate passed without amend- mission to address the House for 1 ment H.R. 4561. The SPEAKER pro tempore. The That the Senate passed without amend- minute and to revise and extend her re- Chair has examined the Journal of the ment H.R. 4688. marks.) last day’s proceedings and announces That the Senate passed without amend- Ms. FOXX. Mr. Speaker, I rise today to the House his approval thereof. ment H.R. 4786. to address a problem that faces all

VerDate Aug 31 2005 03:46 Jul 25, 2006 Jkt 049060 PO 00000 Frm 00002 Fmt 4634 Sfmt 0634 E:\CR\FM\K24JY7.002 H24JYPT1 jcorcoran on PROD1PC62 with HOUSE July 24, 2006 CONGRESSIONAL RECORD — HOUSE H5571 Americans: skyrocketing gas prices. Sec. 202. Wild and scenic river designations, TITLE I—WILDERNESS AREA The cost for an average American to Mount Hood National Forest. DESIGNATIONS fill up his or her car has been rising Sec. 203. Relation to Middle Fork Irrigation SEC. 101. FINDINGS AND PURPOSE. steadily over the past 3 months, and District. The purpose of this title is to designate ap- the price of a barrel of oil hit a record TITLE III—RECREATION proximately 77,216 acres of National Forest high 2 weeks ago. Sec. 301. Findings and purpose. System land in the Mount Hood National It is absolutely crucial that we build Sec. 302. Retention of Mount Hood National Forest as wilderness. The most recent des- Forest land use fees from spe- ignation of wilderness in the Mount Hood up our own domestic supply of oil in National Forest occurred in 1984, and the order to decrease our dependence on cial use authorizations. Sec. 303. Use of funds in special account to designation of an additional 77,216 acres by foreign-born fossil fuels. Drilling off support recreation. this title represents a 41 percent increase in the Outer Continental Shelf and open- Sec. 304. Annual reporting requirement. the amount of wilderness designated in the ing the ANWR to oil exploration are Sec. 305. Mount Hood National Forest Rec- national forest. two Republican initiatives for reational Working Group. SEC. 102. DESIGNATION OF WILDERNESS AREAS, strengthening our domestic supply. Sec. 306. Consideration of conversion of for- MOUNT HOOD NATIONAL FOREST. In addition, Republicans have sup- est roads to recreational uses. (a) DESIGNATION.—In furtherance of the purposes of this title and the Wilderness Act ported tax credits for the production Sec. 307. Improved trail access for persons with disabilities. (16 U.S.C. 1131 et seq.), the following areas in and use of ethanol and biodiesel. We the Mount Hood National Forest are des- have also offered incentives for in- TITLE IV—TRANSPORTATION ignated as wilderness and, therefore, as com- creased refinery capacity and have cre- Sec. 401. Findings and purpose. ponents of the National Wilderness Preserva- ated stiffer penalties for price gouging Sec. 402. Mount Hood region defined. tion System: at the pump. Sec. 403. Transportation plan. (1) BIG BOTTOM WILDERNESS.—National For- Mr. Speaker, I remain absolutely Sec. 404. Study regarding gondola connec- est System land comprising approximately tion and intermodal transpor- 1,330 acres, as generally depicted on the map committed to working with my col- tation center. leagues on both sides of the aisle to al- entitled ‘‘Big Bottom Wilderness’’ and dated TITLE V—FOREST AND WATERSHED June 2006, which shall be known as the ‘‘Big leviate the problems of high gas prices STEWARDSHIP Bottom Wilderness’’. and our utter dependence on foreign Sec. 501. Findings and purpose. (2) BULL OF THE WOODS WILDERNESS ADDI- oil. Sec. 502. Forest stewardship assessment. TION.—National Forest System land com- f Sec. 503. Sustainable biomass utilization prising approximately 4,717 acres, as gen- study. erally depicted on the map entitled ‘‘Bull of ANNOUNCEMENT BY THE SPEAKER the Woods Wilderness’’ and dated June 2006, PRO TEMPORE Sec. 504. Watershed management memo- randa of understanding. is incorporated in and shall be considered to be a part of the Bull of the Woods Wilder- The SPEAKER pro tempore. Pursu- TITLE VI—CRYSTAL SPRINGS WATER- ant to clause 8 of rule XX, the Chair ness, as designated by section 3(4) of the Or- SHED SPECIAL RESOURCES MANAGE- egon Wilderness Act of 1984 (16 U.S.C. 1132 will postpone further proceedings MENT UNIT note; Public Law 98–328). today on motions to suspend the rules Sec. 601. Findings and purpose. (3) COOPER SPUR WILDERNESS.—National on which a recorded vote or the yeas Sec. 602. Establishment of Crystal Springs Forest System land comprising approxi- and nays are ordered, or on which the Watershed Special Resources mately 2,038 acres, as generally depicted on vote is objected to under clause 6 of Management Unit. the map entitled ‘‘Cooper Spur Wilderness’’ rule XX. Sec. 603. Administration of Management and dated June 2006, which shall be known as Record votes on postponed questions Unit. the ‘‘Cooper Spur Wilderness’’. will be taken after 6:30 p.m. today. Sec. 604. Acquisition of lands. (4) GORGE RIDGELINE WILDERNESS.—Na- Sec. 605. Effective date. tional Forest System land comprising ap- f TITLE VII—LOCAL AND TRIBAL proximately 22,577 acres, as generally de- MOUNT HOOD STEWARDSHIP RELATIONSHIPS picted on the map entitled ‘‘Gorge Ridgeline LEGACY ACT Sec. 701. Findings and purpose. Wilderness’’ and dated June 2006, which shall be known as the ‘‘Gorge Ridgeline Wilder- Mr. WALDEN of Oregon. Mr. Speak- Sec. 702. First foods gathering areas. Sec. 703. Forest Service coordination with ness’’. er, I move to suspend the rules and State and local governments. (5) MOUNT HOOD WILDERNESS ADDITIONS.— pass the bill (H.R. 5025) to protect for Sec. 704. Savings provisions regarding rela- National Forest System land comprising ap- future generations the recreational op- tions with Indian tribes. proximately 4,672 acres, as generally de- portunities, forests, timber, clean Sec. 705. Improved natural disaster pre- picted on the maps entitled ‘‘Mount Hood water, wilderness and scenic values, paredness. Wilderness (Elk Cove/Mazama Addition)’’ and diverse habitat of Mount Hood Na- and ‘‘Mount Hood Wilderness (Sandy Addi- TITLE VIII—LAND CONVEYANCES tion)’’ and dated June 2006, is incorporated in tional Forest, Oregon, and for other Subtitle A—Cooper Spur-Government Camp and shall be considered to be a part of the purposes, as amended. Land Exchange Mount Hood Wilderness, as designated by The Clerk read as follows: Sec. 801. Findings and purpose. section 3 of the Wilderness Act (16 U.S.C. H.R. 5025 Sec. 802. Cooper Spur-Government Camp 1132). Be it enacted by the Senate and House of Rep- Land Exchange. (6) ROARING RIVER WILDERNESS.—National resentatives of the United States of America in Sec. 803. Treatment of Inn at Cooper Spur Forest System land comprising approxi- Congress assembled, and the Cooper Spur Ski Area. mately 37,749 acres, as generally depicted on SECTION 1. SHORT TITLE AND TABLE OF CON- Sec. 804. General provisions. the map entitled ‘‘Roaring River Wilderness’’ TENTS. Subtitle B—Other Land Exchanges and dated June 2006, which shall be known as the ‘‘Roaring River Wilderness’’. (a) SHORT TITLE.—This Act may be cited as Sec. 811. Land exchange, Port of Cascade (7) SALMON-HUCKLEBERRY WILDERNESS ADDI- the ‘‘Mount Hood Stewardship Legacy Act’’. Locks-Pacific Crest National (b) TABLE OF CONTENTS.—The table of con- TIONS.—National Forest System land com- Scenic Trail. prising approximately 4,133 acres, as gen- tents for this Act is as follows: Sec. 812. Hunchback Mountain land ex- Sec. 1. Short title and table of contents. erally depicted on the maps entitled ‘‘Salm- change, Clackamas County. on Huckleberry Wilderness (Alder Creek Ad- Sec. 2. Implementation. SEC. 2. IMPLEMENTATION. Sec. 3. No reduction in Mount Hood Na- dition)’’ and ‘‘Salmon Huckleberry Wilder- References in this Act to the Secretary of tional Forest funding. ness (Eagle Creek Addition)’’ and dated June Agriculture or the Secretary mean the Sec- 2006, is incorporated in and shall be consid- TITLE I—WILDERNESS AREA retary of Agriculture, acting through the ered to be a part of the Salmon-Huckleberry DESIGNATIONS Forest Service. Wilderness, as designated by section 3(2) of Sec. 101. Findings and purpose. SEC. 3. NO REDUCTION IN MOUNT HOOD NA- the Oregon Wilderness Act of 1984 (16 U.S.C. Sec. 102. Designation of wilderness areas, TIONAL FOREST FUNDING. 1132 note; Public Law 98–328). Mount Hood National Forest. Nothing in this Act is intended to author- (b) MAPS AND LEGAL DESCRIPTION.— Sec. 103. Administration of wilderness areas. ize a reduction in the amount of funds appro- (1) SUBMISSION OF LEGAL DESCRIPTIONS.—As Sec. 104. Maintenance and replacement of priated or otherwise made available for the soon as practicable after the date of the en- foot bridges in wilderness areas. Mount Hood National Forest below the aver- actment of this Act, the Secretary of Agri- TITLE II—WILD AND SCENIC RIVER age annual funding level provided for the na- culture shall prepare and submit to Congress DESIGNATIONS tional forest during fiscal years 1997 through a legal description of each wilderness area Sec. 201. Findings and purpose. 2006. designated or expanded by subsection (a). It

VerDate Aug 31 2005 02:06 Jul 25, 2006 Jkt 049060 PO 00000 Frm 00003 Fmt 4634 Sfmt 0634 E:\CR\FM\K24JY7.005 H24JYPT1 jcorcoran on PROD1PC62 with HOUSE H5572 CONGRESSIONAL RECORD — HOUSE July 24, 2006 is the intent of Congress that the final ignated as wilderness by section 102 is with- designated as wilderness by section 102 to boundary description of the wilderness area drawn from all forms of— protect the privacy of the members of the In- be written so that any road or trail depicted (1) entry, appropriation, or disposal under dian tribe in the conduct of the traditional on the map referred to in subsection (a) cor- the public land laws; cultural and religious activities in the wil- responding to that wilderness area as being (2) location, entry, and patent under the derness area. Any such closure shall be made inside of the designated area shall in fact be mining laws; and in such a manner as to affect the smallest inside of the wilderness area and any road or (3) disposition under all laws pertaining to practicable area for the minimum period of trail depicted on the map as being outside of mineral and geothermal leasing or mineral time necessary for the activity to be carried the designated area shall in fact be outside materials. out. of the wilderness area. (d) FIRE, INSECT, AND DISEASE MANAGEMENT (3) APPLICABLE LAW.—Access to the wilder- (2) FORCE OF LAW.—The maps referred to in ACTIVITIES.—In accordance with section ness areas under this subsection shall be pro- subsection (a) and the legal descriptions pre- 4(d)(1) of the Wilderness Act (16 U.S.C. vided in accordance with the Wilderness Act pared under paragraph (1) shall have the 1133(d)(1)) and House Report No. 98–40 of the (16 U.S.C. 1131 et seq.) and Public Law 95–341 same force and effect as if included in this 98th Congress, the Secretary of Agriculture (commonly known as the American Indian Act, except that the Secretary may correct may take such measures on the National Religious Freedom Act; 42 U.S.C. 1996 et technical errors in the maps and legal de- Forest System land designated as wilderness seq.). scriptions. The Secretary shall notify Con- by section 102 as are necessary for the con- (j) ADJACENT MANAGEMENT.—Nothing in gress of any change made in a map or legal trol of fire, insects, and diseases. this Act creates protective perimeters or description under the authority of this para- (e) SNOW SENSORS AND STREAM GAUGES.— buffer zones around the National Forest Sys- graph and the reason for the change. Nothing in this title prevents the installa- tem land designated as wilderness by section tion and maintenance of hydrologic, mete- (3) PUBLIC AVAILABILITY.—The maps re- 102. The fact that nonwilderness activities or ferred to in subsection (a) and the legal de- orologic, or climatological instrumentation uses can be seen or heard from the des- scriptions prepared under paragraph (1) shall on the National Forest System land des- ignated wilderness shall not preclude the be filed and made available for public inspec- ignated as wilderness by section 102 if the conduct of those activities or uses outside tion in the appropriate offices of the Forest Secretary of Agriculture determines that hy- the boundary of the wilderness area. Service. drologic, meteorologic, or climatological in- strumentation is appropriate to further the SEC. 104. MAINTENANCE AND REPLACEMENT OF (c) CHARACTER OF DESIGNATED LAND.— scientific, educational, and conservation FOOT BRIDGES IN WILDERNESS (1) EXCLUSION OF PRIVATE LAND.—It is the AREAS. intent of Congress that the wilderness areas purposes of the wilderness areas. (f) MILITARY ACTIVITIES.—Nothing in this In the case of each wilderness area des- designated or expanded by this section do Act precludes low-level overflights of mili- ignated or expanded by section 102, it is the not incorporate any private land in-holding. tary aircraft, the designation of new units of intent of Congress that the Secretary of Ag- If any private land is inadvertently included special airspace, or the use or establishment riculture be able to provide for the mainte- within the boundaries of a wilderness area of military flight training routes over the nance of the foot bridge crossings in the wil- designated or expanded by this section, the National Forest System land designated as derness area and, when needed, the replace- Secretary of Agriculture shall ensure that wilderness by section 102. ment of the foot bridge crossings to ensure the landowner continues to have adequate (g) LIVESTOCK.—Grazing of livestock and public access and safety. Foot bridge re- access to the private land. the maintenance of existing facilities related placement work shall be carried out in ac- (2) EXCLUSION OF FERC PROJECT LANDS.— to grazing on the National Forest System cordance with the minimum tools policies of Lands inside the Federal Energy Regulatory land designated as wilderness by section 102, the Forest Service. Commission boundaries established as of the where established before the date of the en- date of the enactment of this Act for a li- TITLE II—WILD AND SCENIC RIVER actment of this Act, shall be permitted to DESIGNATIONS censed hydroelectic project are excluded continue in accordance with— SEC. 201. FINDINGS AND PURPOSE. from wilderness areas designated or ex- (1) section 4(d)(4) of the Wilderness Act (16 panded by this section. Operations, mainte- U.S.C. 1133(d)(4)); and The purpose of this title is to designate ap- nance, and construction activities associated (2) the guidelines set forth in Appendix A proximately 25 miles of waterways in the with such a project are not affected in any of House Report 101–405 of the 101st Congress. Mount Hood National Forest as additions to way by the designation or expansion of wil- (h) FISH AND WILDLIFE MANAGEMENT.— the National Wild and Scenic Rivers System. derness areas by this section. (1) IN GENERAL.—In furtherance of the pur- The addition of these 25 miles of waterways (3) NO PRECEDENT VALUE.—Nothing in this poses of the Wilderness Act (16 U.S.C. 1131 et represents an increase of 20 percent in the subsection is intended to establish a prece- seq.), the Secretary of Agriculture may carry total length of all of the waterways in the dent with regard to the designation of Fed- out management activities to maintain or Mount Hood National Forest included in the eral land as wilderness by any provision of restore fish and wildlife populations and fish National Wild and Scenic Rivers System. law enacted after the date of the enactment and wildlife habitats on the National Forest SEC. 202. WILD AND SCENIC RIVER DESIGNA- of this Act. System land designated as wilderness by sec- TIONS, MOUNT HOOD NATIONAL (4) COLUMBIA GORGE AIRSHED.—The designa- tion 102 if such activities are consistent with FOREST. tion of wilderness by this section in the Co- applicable wilderness management plans and Section 3(a) of the Wild and Scenic Rivers lumbia Gorge, as depicted on the map enti- carried out in accordance with applicable Act (16 U.S.C. 1274(a)) is amended by adding tled ‘‘Gorge Ridgeline Wilderness’’ and dated guidelines and policies. Nothing in this Act at the end the following new paragraph: June 2006, shall not result in the designation affects the jurisdiction of the State of Or- ‘‘(ll) MOUNT HOOD NATIONAL FOREST, OR- of a Class I airshed in the Columbia Gorge egon with respect to fish and wildlife on the EGON.—The following rivers in the Mount through Federal regulatory action. public land located in the State. Hood National Forest in the State of Oregon, SEC. 103. ADMINISTRATION OF WILDERNESS (2) BULL TROUT RESTORATION PROJECT.—It to be administered by the Secretary of Agri- AREAS. is the intent of Congress that nothing in this culture: (a) MANAGEMENT.—Subject to valid exist- title prevents the Secretary of Agriculture ‘‘(A) The 4.1 miles of the South Fork of the ing rights, the National Forest System land from conducting the Bull Trout restoration Clackamas River from its confluence with designated as wilderness by section 102 shall project underway as of the date of the enact- the East Fork of the South Fork of the be administered by the Secretary of Agri- ment of this Act in Clear Branch Creek west Clackamas to its confluence with the culture in accordance with this title and the of Lawrence Lake in order to restore historic Clackamas River, as a scenic river. Wilderness Act (16 U.S.C. 1131 et seq.), except trout populations and habitat. Project work ‘‘(B) The 8.5 miles of Eagle Creek from its that any reference in the Wilderness Act to shall be carried out in accordance with the headwaters to the Mount Hood National For- the effective date of such Act shall be consid- minimum tools policies of the Forest Serv- est boundary, of which— ered to be a reference to the date of the en- ice. ‘‘(i) the 6.7-mile segment from its head- actment of this Act. (i) CONTINUED USE BY MEMBERS OF INDIAN waters to the west section line of section 20, (b) INCORPORATION OF ACQUIRED LAND AND TRIBES.— township 3 south, range 6 east, shall be ad- INTERESTS.—Any non-Federal land that is lo- (1) ACCESS.—In recognition of the past use ministered as a wild river; and cated within the boundaries of the National of the National Forest System land des- ‘‘(ii) the remaining 1.8-mile segment from Forest System land designated as wilderness ignated as wilderness by section 102 by mem- such section line shall be administered as a by section 102 and is acquired by the United bers of Indian tribes for traditional cultural recreational river. States after the date of the enactment of and religious purposes, the Secretary of Ag- ‘‘(C) The 3.7 miles of the Middle Fork of this Act shall— riculture shall ensure that Indian tribes have the Hood River from the confluence of Clear (1) become part of the wilderness area in access to the wilderness areas for traditional and Coe Branches to the Mount Hood Na- which the land is located; and cultural and religious purposes. tional Forest boundary in sections 11 and 12 (2) be managed in accordance with this (2) TEMPORARY CLOSURES.—In carrying out of township 1 south, ranges 9 and 10 east, as title and the Wilderness Act (16 U.S.C. 1131 et this subsection, the Secretary, at the request a scenic river. seq.). of an Indian tribe, may temporarily close to ‘‘(D) The 4.6 miles of the South Fork Roar- (c) WITHDRAWAL.—Subject to valid existing the general public one or more specific por- ing River from its headwaters to its con- rights, the National Forest System land des- tions of the National Forest System land fluence with Roaring River, as a wild river.

VerDate Aug 31 2005 02:06 Jul 25, 2006 Jkt 049060 PO 00000 Frm 00004 Fmt 4634 Sfmt 0634 E:\CR\FM\A24JY7.004 H24JYPT1 jcorcoran on PROD1PC62 with HOUSE July 24, 2006 CONGRESSIONAL RECORD — HOUSE H5573 ‘‘(E) The 4.3 miles of the Zig Zag River cross-country skiing, and off-highway vehi- Agriculture, shall appoint the members of from its headwaters to the Mount Hood Wil- cles; the Working Group for a term of three years derness boundary, as a wild river.’’. (B) water system improvements; and beginning on the date of appointment. A SEC. 203. RELATION TO MIDDLE FORK IRRIGA- (C) personal sanitation facilities improve- member may be reappointed to subsequent TION DISTRICT. ments. three-year terms. (a) NO IMPACT ON WATER RIGHTS OR FLOW (2) Interpretive programs, visitor informa- (2) INITIAL APPOINTMENT.—The Regional REQUIREMENTS.—The designation of the Mid- tion, visitor services, visitor needs assess- Forester shall make initial appointments to dle Fork of the Hood River as a scenic river ments, mapping, signage, Leave-No-Trace the Working Group not later than 180 days by the amendment made by section 202 is not materials, and wilderness rangers. after the date of the enactment of this Act. intended to have any impact on water rights (3) Habitat restoration directly related to (3) VACANCIES.—The Regional Forester or flow requirements with regard to the Mid- recreation. shall make appointments to fill vacancies on dle Fork Irrigation District. (4) Cooperative environmental restoration the Working Group as soon as practicable (b) EXCLUSION OF OPERATIONAL AREAS.— projects with non-Federal partnership groups after the vacancy has occurred. The area of the Middle Fork of the Hood and associations, including groups and asso- (4) COMPENSATION.—Members of the Work- River designated as a scenic river by the ciations that work with youth. ing Group shall not receive any compensa- amendment made by section 202 does not in- (5) Law enforcement and rescue and recov- tion for their service on the Working Group. clude any portion of the operation area of ery efforts related to public use and recre- (5) NOMINATIONS.—The State of Oregon and the Middle Fork Irrigation District. ation, such as law enforcement at recreation county governments for each county directly adjacent to or containing any portion of TITLE III—RECREATION events, search and rescue operations, illegal recreation activities investigations, and en- Mount Hood National Forest may submit a SEC. 301. FINDINGS AND PURPOSE. forcement. nomination to the Regional Forester for The purpose of this title is to recognize (6) Improving administration of special use each activity or interest group category de- and support recreation as a dynamic social authorizations. scribed in subsection (d). and economic component of the legacy and (7) Preparation of documents required (6) BROAD AND BALANCED REPRESENTA- future of the Mount Hood National Forest. under the National Environmental Policy TION.—In appointing the members of the SEC. 302. RETENTION OF MOUNT HOOD NA- Act of 1969 in connection with the improve- Working Group, the Regional Forester shall TIONAL FOREST LAND USE FEES provide for a balanced and broad representa- FROM SPECIAL USE AUTHORIZA- ment or development of recreational oppor- tunities. tion from the recreation community. TIONS. (d) COMPOSITION OF WORKING GROUP.—The (8) Other projects or partnerships rec- (a) SPECIAL ACCOUNT.—The Secretary of Working Group shall be composed of 15 mem- ommended by the Mount Hood National For- the Treasury shall establish a special ac- bers, selected so that the following activities est Recreation Working Group established by count in the Treasury for Mount Hood Na- and interest groups are represented: section 305. tional Forest. (1) Summer non-mechanized recreation, (b) ALLOCATION REQUIREMENTS.—Of the (b) DEPOSITS.—Except as provided in sec- such as hiking. total funds received by the Secretary of Ag- tion 7 of the Act of April 24, 1950 (commonly (2) Winter non-motorized recreation, such riculture from the special account under sec- known as the Granger-Thye Act; 16 U.S.C. as snowshoeing and backcountry skiing. tion 302(c) for a fiscal year, the Secretary 580d), the National Forest Organizational (3) Mountain biking. shall allocate the funds as follows: Camp Fee Improvement Act of 2003 (title V (4) Hunting and fishing. of division F of Public Law 108–107; 16 U.S.C. (1) 95 percent of the funds to Mount Hood (5) Summer motorized recreation, such as 6231 et seq.), Public Law 106–206 (commonly National Forest. off-highway vehicle use. known as the Commercial Filming Act; 16 (2) 5 percent of the funds to the Regional (6) Local environmental groups. U.S.C. 460l–6d), and the Federal Lands Recre- Office for the Pacific Northwest Region of (7) Winter motorized recreation, such as ation Enhancement Act (title VIII of divi- the Forest Service to develop needed policy snowmobiling. sion J of Public Law 108–477; 16 U.S.C. 6801 et and training to support programs in wilder- (8) Permitted ski areas. seq.), all land use fees received after the date ness areas, special uses, trails, developed and (9) Forest products industry. which is six months after the date of the en- dispersed recreation, and interpretation re- (10) Affected Indian tribes. actment of this Act from special use author- lated to Mount Hood National Forest. (11) Local holder of a recreation residence izations, such as recreation residences, re- SEC. 304. ANNUAL REPORTING REQUIREMENT. permit. sorts, winter recreation resorts, communica- The Secretary of Agriculture shall submit (12) Local government interests, such as a tion uses, and linear rights-of-way, and all to Congress an annual report specifying— county commissioner or city mayor in an other special use types issued with regard to (1) the total funds received by the Sec- elected position representing a county or Mount Hood National Forest shall be depos- retary from the special account under sec- city directly adjacent or containing any por- ited in the special account established under tion 302(c) for the preceding fiscal year; tion of Mount Hood National Forest. subsection (a). (2) how the funds were allocated and ex- (13) A resident of Government Camp. (c) AVAILABILITY.—Subject to subsection pended; and (14) The State of Oregon. (d), amounts in the special account estab- (3) the results from such expenditures. (15) Operators of campground facilities lished under subsection (a) shall remain SEC. 305. MOUNT HOOD NATIONAL FOREST REC- open to the general public. available, without further appropriation and REATIONAL WORKING GROUP. (e) CHAIRPERSON.—The chairperson of the until expended, for expenditure as provided (a) ESTABLISHMENT AND PURPOSE.—The Working Group shall be selected by a major- in section 303. Upon request of the Secretary Secretary of Agriculture shall establish the ity of the Working Group. of Agriculture, the Secretary of the Treasury Mount Hood National Forest Recreational (f) OTHER WORKING GROUP AUTHORITIES AND shall transfer to the Secretary of Agri- Working Group for the purpose of providing REQUIREMENTS.— culture from the special account such funds advice and recommendations to the Forest (1) STAFF ASSISTANCE.—The Secretary of as the Secretary of Agriculture may request. Service on planning and implementing recre- Agriculture shall provide staff assistance to The Secretary shall accept and use the funds ation enhancements in Mount Hood National the Working Group from Federal employees in accordance with section 303. Forest, including advice and recommenda- under the jurisdiction of the Secretary. (2) MEETINGS.—All meetings of the Work- (d) TERMINATION OF SPECIAL ACCOUNT.—The tions regarding how the funds in the special special account required by subsection (a) account established under section 302 should ing Group shall be announced at least one shall terminate at the end of the 10-year pe- be requested and expended. week in advance in a local newspaper of record and shall be open to the public. riod beginning on the date of the enactment (b) DUTIES.—The Working Group shall— of this Act. Any amounts remaining in the (1) review projects proposed by the Sec- (3) RECORDS.—The Working Group shall special account at the end of such period retary for Mount Hood National Forest maintain records of the meetings of the shall be transferred to the general fund of under section 303(a); Working Group and make the records avail- the Treasury. (2) propose projects under section 303(a) to able for public inspection. (g) LIMITATION ON ADMINISTRATIVE ASSIST- SEC. 303. USE OF FUNDS IN SPECIAL ACCOUNT the Secretary; ANCE.—Not more than five percent of the TO SUPPORT RECREATION. (3) recommend the amount of funds from funds allocated under section 303(b)(1) to (a) AUTHORIZED USES.—The Secretary of the special account established under section Mount Hood National Forest for a fiscal year Agriculture shall use funds received from the 302 to be used to fund projects under section may be used to provide administrative as- special account under section 302(c) for the 303; and sistance to the Working Group during that following purposes related to Mount Hood (4) provide opportunities for citizens, orga- fiscal year. National Forest: nizations, Indian tribes, the Forest Service, (h) FEDERAL ADVISORY COMMITTEE ACT.— (1) Installation, repair, maintenance, and and other interested parties to participate The Federal Advisory Committee Act (5 facility enhancement related directly to vis- openly and meaningfully, beginning at the U.S.C. App.) shall not apply to the Working itor enjoyment, visitor access, and health early stages of the development of projects Group. and safety, such as— under section 303(a). (i) TERMINATION OF WORKING GROUP.—The (A) the improvement and maintenance of (c) APPOINTMENT.— Working Group shall terminate at the end of trails, including trails used for hiking, (1) APPOINTMENT AND TERM.—The Regional the 10-year period beginning on the date of biking, snowmobiling, horseback riding, Forester, acting on behalf of the Secretary of the enactment of this Act.

VerDate Aug 31 2005 02:06 Jul 25, 2006 Jkt 049060 PO 00000 Frm 00005 Fmt 4634 Sfmt 0634 E:\CR\FM\A24JY7.004 H24JYPT1 jcorcoran on PROD1PC62 with HOUSE H5574 CONGRESSIONAL RECORD — HOUSE July 24, 2006 SEC. 306. CONSIDERATION OF CONVERSION OF SEC. 403. TRANSPORTATION PLAN. municipal watersheds. It is the intent of FOREST ROADS TO RECREATIONAL (a) FOREST SERVICE PARTICIPATION.—The Congress that site-specific forest health USES. Secretary of Agriculture is authorized and projects undertaken pursuant to this assess- (a) EVALUATION OF CURRENTLY CLOSED directed to work with the State of Oregon to ment shall be completed in accordance with ROADS.— develop an integrated, multi-modal transpor- existing law. (1) CONSIDERATION FOR RECREATIONAL USE.— tation plan for the Mount Hood region. SEC. 502. FOREST STEWARDSHIP ASSESSMENT. The Secretary of Agriculture may make a (b) PLANNING PROCESS.—The transpor- (a) PREPARATION OF ASSESSMENT.—The determination regarding whether the Forest tation plan shall conform with Federal and Secretary of Agriculture shall prepare an as- Service roads in Mount Hood National For- Oregon transportation planning require- sessment to identify the forest health needs est that were selected before the date of the ments and be the product of a collaborative in those areas of the Mount Hood National enactment of this Act for closure and decom- process, preferably through the use of a com- Forest with a high incidence of insect or dis- missioning, but have not yet been decommis- mission composed of interested persons ap- ease infestation (or both), heavily over- sioned, should be converted to recreational pointed by the State, with representation stocked tree stands, or moderate-to-high uses to enhance recreational opportunities in from the Forest Service and local govern- risk of unnatural catastrophic wildfire for the national forest, such as conversion to ments in the Mount Hood region. the purpose of improving condition class, single-track trails for mountain bikes and (c) SCOPE OF PLAN.—The transportation which significantly improves the forest trails for snowmobiling, off-road vehicle use, plan shall address both— health and water quality. The Secretary may horseback riding, hiking, cross country ski- (1) transportation of people to and from utilize existing information to complete the ing, and other recreational uses. areas outside the Mount Hood region on assessment. The assessment shall also iden- (2) CONSIDERATION OF ENVIRONMENTAL AND major corridors traversing the region; and tify specific projects to address these issues. ECONOMIC IMPACTS.—In evaluating the feasi- (2) transportation of people from place to (b) IMPROVED MAPPING.—The assessment bility and suitability of converting Forest place within the Mount Hood region. may include improved mapping of condition Service roads under this subsection to rec- (d) SPECIFIC ELEMENTS OF PLAN.—At a min- class 2 and condition class 3 areas and other reational uses, and the types of recreational imum, the transportation plan shall consider areas identified in subsection (a) in Mount uses to be authorized, the Secretary shall the following: Hood National Forest. take into account the environmental and (1) Transportation alternatives between (c) COMPLETION.—The Secretary of Agri- economic impacts of implementing the con- and among recreation areas and gateway culture shall complete the assessment not later than one year after the date of the en- version and of the resulting recreational communities within the Mount Hood region. actment of this Act. uses. (2) Park and ride facilities at gateway (d) DURATION OF STUDY.—The assessment (3) PUBLIC PROCESS.—The consideration and communities. selection of Forest Service roads under this shall cover a 10-year period. (3) Intermodal transportation centers to (e) IMPLEMENTATION.—Not later than one subsection for conversion to recreational link public transportation, parking, and year after completion of the assessment, the uses, and the types of recreational uses to be recreation destinations. Secretary shall commence implementation authorized, shall be a public process, includ- (4) A new interchange on Highway 26 in or of projects to address the needs identified in ing consultation by the Secretary of Agri- near Government Camp. the assessment. These projects shall be im- culture with the Mount Hood National For- (5) Designation, maintenance, and im- plemented using authorities available to the est Recreational Working Group. provements of alternative routes utilizing Secretary to manage the Mount Hood Na- (b) FUTURE CLOSURE CONSIDERATIONS.— Forest Service and or State roads for emer- tional Forest to achieve the purpose speci- Whenever the Secretary of Agriculture con- gency routes or improved access to, and siders a Forest Service road in Mount Hood fied in subsection (a). travel within, the Mount Hood region. (f) DELAY.—During development of the as- National Forest for possible closure and de- (6) Reconstruction of Highway 35 from sessment under this section, a forest man- commissioning after the date of the enact- Mineral Creek to Baseline Road to address agement project that is unaffiliated with the ment of this Act, the Secretary shall in- ongoing debris flow locations. assessment and has completed review as re- clude, as an alternative to decommissioning (7) Mechanisms for funding implementa- quired under the National Environmental the road, consideration of converting the tion of the plan, including Federal grants or Policy Act of 1969 (42 U.S.C. 4321) in accord- road to recreational uses to enhance rec- appropriations, public-private partnerships, ance with existing law, need not be delayed reational opportunities in the Mount Hood incremental tax financing, and other financ- in the event the Secretary fails to meet the National Forest. ing tools that link transportation infrastruc- deadline specified in subsection (c). SEC. 307. IMPROVED TRAIL ACCESS FOR PER- ture improvements with development. (g) RELATION TO EXISTING LAW AND SONS WITH DISABILITIES. (e) COMPLETION.—The transportation plan PLANS.—Nothing in this section grants the (a) CONSTRUCTION OF TRAIL.—The Sec- shall be completed within two years after Secretary any authority to manage the retary of Agriculture may enter into a con- the date on which funds are first made avail- Mount Hood National Forest contrary to ex- tract with a partner organization or other able under subsection (f) for the plan. isting law. The assessment conducted by the person to design and construct a trail at a (f) AUTHORIZATION OF APPROPRIATIONS.— Secretary under this section shall not super- location selected by the Secretary in Mount There are authorized to be appropriated to sede, be considered a supplement or amend- Hood National Forest suitable for use by per- the Secretary of Agriculture $2,000,000, which ment to, or in any way affect the legal or sons with disabilities. the Secretary shall provide to the State of regulatory authority of the Mount Hood Na- (b) PUBLIC PROCESS.—The selection of the tional Forest Land and Resource Manage- trail location under subsection (a) and the Oregon for the preparation of the transpor- ment Plan or the collection of documents en- preparation of the design of the trail shall be tation plan for the Mount Hood region. titled ‘‘Final Supplemental Environmental a public process, including consultation by SEC. 404. STUDY REGARDING GONDOLA CONNEC- Impact Statement and Record of Decision for the Secretary of Agriculture with the Mount TION AND INTERMODAL TRANSPOR- Amendments to Forest Service and Bureau Hood National Forest Recreational Working TATION CENTER. of Land Management Planning Documents Group. (a) STUDY AUTHORIZED.—The Secretary of within the Range of the Northern Spotted (c) FUNDING.—The Secretary of Agriculture Agriculture shall conduct a study of the fea- may use funds in the special account estab- sibility of establishing— Owl’’ and ‘‘Standards and Guidelines for lished under section 302 to carry out this sec- (1) a gondola connection between Timber- Management of Habitat for Late-Succes- tion. line Lodge and Government Camp, Oregon, sional and Old-Growth Forest Related Spe- cies Within the Range of the Northern Spot- TITLE IV—TRANSPORTATION in the vicinity of the historic gondola cor- ridor; and ted Owl’’. SEC. 401. FINDINGS AND PURPOSE. (2) an intermodal transportation center in (h) PUBLIC PARTICIPATION.—The Secretary The purpose of this title is to support the or near Government Camp. shall provide an opportunity for interested development of an integrated, multi-modal (b) CONSIDERATION OF SITES.—In con- persons to be involved in development of the transportation plan for the Mount Hood re- ducting the study under this section, the assessment conducted by the Secretary gion designed to achieve comprehensive solu- Secretary may include consideration of one under this section. tions to transportation challenges in the re- or more possible sites for the gondola con- SEC. 503. SUSTAINABLE BIOMASS UTILIZATION gion necessary to promote appropriate eco- nection and intermodal transportation cen- STUDY. nomic development, preserve landscapes, and ter. (a) STUDY REQUIRED.—The Secretary of Ag- enhance public safety. riculture shall conduct a study to assess the SEC. 402. MOUNT HOOD REGION DEFINED. TITLE V—FOREST AND WATERSHED amount of long-term sustainable biomass In this title, the term ‘‘Mount Hood re- STEWARDSHIP available in the Mount Hood National Forest gion’’ means Mount Hood and the other SEC. 501. FINDINGS AND PURPOSE. that, consistent with applicable law, could areas immediately surrounding the moun- The purpose of this title is to direct the be made available as a raw material for— tain, as well as the Highway 26 and Highway Forest Service to prepare an assessment to (1) the production of electric energy, sen- 35 corridors in and near Mount Hood Na- promote forested landscapes resilient to cat- sible heat, transportation fuel, or substitutes tional Forest, other State, county, and For- astrophic fire, insects, and disease, to pro- for petroleum-based products; est Service roads in and near the national tect homes and communities from property (2) dimensional lumber, fencing, framing forest, and the gateway communities along damage and threats to public safety, and to material, poles, firewood, furniture, chips, these corridors and roads. protect and enhance existing community or pulp for paper; or

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(3) other commercial purposes. (d) WITHDRAWAL.—Subject to valid existing National Forest System land in the Manage- (b) BIOMASS DEFINED.—In this section, the rights, National Forest System land included ment Unit— term ‘‘biomass’’ means small diameter trees in the Management Unit are permanently (A) extending up to 400 feet from struc- and understory vegetation that is removed withdrawn from all forms of appropriation tures on National Forest System land or from forested land as a by-product of forest under the public land laws, including the structures on adjacent private land; and restoration efforts. mining laws and mineral and geothermal (B) extending up to 400 feet from the Coo- SEC. 504. WATERSHED MANAGEMENT MEMO- leasing laws. per Spur Road, the Cloud Cap Road, and the RANDA OF UNDERSTANDING. (e) MAPS AND LEGAL DESCRIPTION.— Cooper Spur ski area loop road. (a) COMPLETION OF MEMORANDA OF UNDER- (1) SUBMISSION OF LEGAL DESCRIPTIONS.—As (6) OTHER FUEL REDUCTION AND FOREST STANDING.—To the extent that memoranda of soon as practicable after the effective date HEALTH ACTIVITIES.—The Secretary may con- understanding or other legal agreements in- specified in section 605, the Secretary shall duct fuel reduction and forest health man- volving watersheds of Mount Hood National prepare and submit to Congress a legal de- agement activities in the Management Unit, Forest do not exist between irrigation dis- scription of the Management Unit. with priority given to activities that restore tricts or municipalities and the Forest Serv- (2) FORCE OF LAW.—The map referred to in previously harvested stands, including the ice, the Secretary of Agriculture may com- subsection (a) and the legal descriptions pre- removal of logging slash, smaller diameter plete memoranda of understanding that out- pared under paragraph (1) shall have the material, and ladder fuels. The purpose of line stewardship goals to manage the water- same force and effect as if included in this any fire risk reduction or forest health man- sheds for water quality and water quantity. Act, except that the Secretary may correct agement activity conducted in the Manage- (b) ELEMENTS OF MEMORANDUM.—A memo- technical errors in the map and legal de- ment Unit shall be the maintenance and res- randum of understanding involving a water- scriptions. The map of the Crystal Springs toration of fire-resilient forest structures shed of Mount Hood National Forest shall Zone of Contribution is incorporated in this containing multi-storied canopies (where encourage adaptability, establish bench- Act to delineate the boundaries of the Man- ecologically appropriate) and the protection marks regarding water quality and water agement Unit, and the delineation of these of water quality, water quantity, scenic, cul- quantity, and require monitoring to deter- boundaries is not intended to affect the spe- tural natural and wildlife values. mine progress in meeting such benchmarks. cific uses that may occur on private land (c) SPECIFICALLY PROHIBITED ACTIVITIES.— The memorandum of understanding may re- The following activities may not occur on within the boundaries of the Management strict public access to areas of the watershed National Forest System land in the Manage- Unit. where appropriate. ment Unit, whether separately or, except as (3) PUBLIC AVAILABILITY.—The map referred (c) PUBLIC PROCESS REQUIRED.— provided in paragraph (2), as part of an activ- to in subsection (a) and the legal descrip- (1) COLLABORATION AND CONSULTATION.— ity authorized by subsection (b): tions prepared under paragraph (1) shall be The Secretary of Agriculture shall ensure (1) New road construction or renovation of that the process by which the Secretary en- filed and made available for public inspec- existing non-System roads. ters into a memorandum of understanding tion in the appropriate offices of the Forest (2) Projects undertaken for the purpose of with an irrigation district, local govern- Service. harvesting commercial timber. The harvest ment, or other entity involving a watershed SEC. 603. ADMINISTRATION OF MANAGEMENT of merchantable products that are a by-prod- of Mount Hood National Forest is based on UNIT. uct of activities conducted pursuant to sub- collaboration and cooperation between the (a) GENERAL APPLICABILITY OF EXISTING section (b)(6) and carried out pursuant to a Forest Service and local jurisdictions and LAWS.—Except as provided in this title, all stewardship contract are not prohibited by other interested persons. other laws and regulations affecting Na- this subsection (2) PUBLIC MEETING REQUIRED.—The Sec- tional Forest System lands shall continue to (3) Commercial livestock grazing. retary and the other party or parties to the apply to the National Forest System lands (4) The placement or maintenance of fuel proposed memorandum of understanding included in the Management Unit. storage tanks. shall hold at least one joint public meeting (b) AUTHORIZED ACTIVITIES.— (5) The application of any toxic chemicals, before completing a final draft of the memo- (1) PROCESS FOR ALLOWING ACTIVITIES.— including pesticides, rodenticides, herbi- randum of understanding. Only activities described in this subsection cides, or retardants, for any purpose, except (3) PUBLIC COMMENT.—A draft memo- may occur in the Management Unit, and the with the consent of the Crystal Springs randum of understanding also shall be open Secretary of Agriculture may permit an ac- Water District. to public comment before being finalized. tivity described in this subsection to occur (d) MANAGEMENT PLAN.— TITLE VI—CRYSTAL SPRINGS WATERSHED in the Management Unit only after the Sec- (1) PLAN REQUIRED.—Within nine months SPECIAL RESOURCES MANAGEMENT UNIT retary— after the effective date specified in section (A) obtains the review and opinions of the 605, the Secretary of Agriculture shall adopt SEC. 601. FINDINGS AND PURPOSE. a management plan for the Management The purpose of this title is to establish a Crystal Springs Water District regarding the Unit that, while providing for the limited ac- special resources management unit to ensure effect of the activity on the purposes of the tivities specifically authorized by subsection protection of the quality and quantity of the Management Unit; (b), protects the watershed from illegal Crystal Springs watershed as a clean drink- (B) complies with all applicable Federal law regarding development and implementa- dumping, human waste, fires, vandalism and ing water source for the residents of Hood other risks to water quality. River County, Oregon, while also allowing tion of the activity; and (2) CONSULTATION AND PUBLIC PARTICIPA- visitors to enjoy its special scenic, natural, (C) when appropriate, provides to the gen- TION.—The Secretary shall prepare the man- cultural, and wildlife values. eral public advance notice of the activity, an opportunity to comment on the activity, and agement plan in consultation with the Crys- SEC. 602. ESTABLISHMENT OF CRYSTAL SPRINGS appeal rights regarding the activity. tal Springs Water District, the Cooper Spur WATERSHED SPECIAL RESOURCES Wild and Free Coalition, and Hood River MANAGEMENT UNIT. (2) RECREATION.—The Secretary may— County and provide for public participation (a) ESTABLISHMENT.—Effective as provided (A) continue to maintain recreational op- as described in subsection (b)(1)(C). by section 605, the Secretary of Agriculture portunities and trails, in existence in the (e) FOREST ROAD CLOSURES.—As part of the shall establish a special resources manage- Management Unit as of the effective date specified in section 605, within their existing management plan required by subsection (d), ment unit in the State of Oregon consisting the Secretary of Agriculture may provide for of all National Forest System land that is lo- and historic footprints or at an alternative location; and the closure or gating to the general public of cated within 200 yards from any point on the any Forest Service road within the Manage- (B) develop new foot paths or cross-county perimeter of the Crystal Springs Zone of ment Unit, except for the road commonly skiing trails in the Management Unit. Contribution, as determined by the Crystal known as Cloud Cap Road. (3) LEASE OF CERTAIN IMPROVEMENTS.—The Springs Water District, and other National (f) PRIVATE LAND.—Nothing in this section Forest System land in and around the Inn at Secretary may lease improvements and fa- affects the use of, or access to, any private Cooper Spur and the Cooper Spur Ski Area, cilities, in existence in the Management property within the Crystal Springs Zone of as depicted on the map entitled ‘‘Crystal Unit as of the effective date specified in sec- Contribution by the owners of the private Springs Watershed Special Resources Man- tion 605, within their existing and designated property and their guests. The Secretary is agement Unit’’ and dated June 2006 in this footprints to one or more concessionaires. encouraged to work with interested private subtitle referred to as the ‘‘official map’’). (4) ROAD MAINTENANCE.—Subject to sub- landowners who have voluntarily agreed to (b) DESIGNATION.—The special resources section (d), the Secretary may maintain Na- cooperate with the Secretary to further the management unit established pursuant to tional Forest System roads, in existence in purposes of this title. subsection (a) shall be known as the Crystal the Management Unit as of the effective date (g) RELATIONSHIP WITH WATER DISTRICT.— Springs Watershed Special Resources Man- specified in section 605 or as directed by the Except as provided in this section, the Crys- agement Unit, in this title referred to as the management plan required by subsection (d). tal Springs Water District has no authorities ‘‘Management Unit’’. Maintenance may include the installation of over management or use of National Forest (c) EXCLUSION OF CERTAIN LAND.—The Man- culverts and drainage improvements and System land included in the Management agement Unit does not include any National other similar activities. Unit. Forest System land otherwise covered by (5) FUEL REDUCTION IN PROXIMITY TO IM- SEC. 604. ACQUISITION OF LANDS. subsection (a) that is designated as wilder- PROVEMENTS AND PRIMARY PUBLIC ROADS.— (a) ACQUISITION AUTHORITY.—The Secretary ness by title I. The Secretary may permit fuel reduction on of Agriculture may acquire from willing

VerDate Aug 31 2005 02:06 Jul 25, 2006 Jkt 049060 PO 00000 Frm 00007 Fmt 4634 Sfmt 0634 E:\CR\FM\A24JY7.004 H24JYPT1 jcorcoran on PROD1PC62 with HOUSE H5576 CONGRESSIONAL RECORD — HOUSE July 24, 2006 landowners any lands located in the Crystal tional Forest, and the heads of other Federal Meadows Oregon, Limited Partnership (in Springs Zone of Contribution within the agencies to identify common ground, coordi- this subtitle referred to as ‘‘Mt. Hood Mead- boundaries of Mount Hood National Forest. nate planning efforts around the national ows’’), all right, title, and interest of the Lands so acquired shall automatically be forest, and make the Federal Government a United States in and to— added to the Management Unit. better partner in building cooperative and (1) a parcel of National Forest System land (b) PROHIBITION ON SUBSEQUENT CONVEY- lasting solutions for management of Mount in Mount Hood National Forest consisting of ANCE.—The Secretary may not sell, trade, or Hood National Forest and non-Federal land approximately 80 acres in Government Camp, otherwise transfer ownership of any land in the vicinity of the national forest. Clackamas County, Oregon, as depicted on within the Management Unit, including any SEC. 704. SAVINGS PROVISIONS REGARDING RE- the map entitled ‘‘Cooper Spur-Government of the land acquired under subsection (a) or LATIONS WITH INDIAN TRIBES. Camp Land Exchange’’ and dated June 2006 received by the Secretary as part of the Coo- (a) TREATY RIGHTS.—Nothing in this Act is (in this subtitle referred to as the ‘‘official per Spur-Government Camp land exchange intended to alter, modify, enlarge, diminish, map’’); and authorized by subtitle A of title VIII and in- or extinguish the treaty rights of any Indian (2) a parcel of National Forest System land cluded within the Management Unit, to any tribe, including the off-reservation reserved in Mount Hood National Forest consisting of person. rights established by the Treaty of June 25, approximately 40 acres in Government Camp, SEC. 605. EFFECTIVE DATE. 1855, with the Tribes and Bands of Middle Or- as depicted on the official map. egon (12 Stat. 963). Section 702 is consistent The Secretary of Agriculture shall estab- (b) CONSIDERATION.—As consideration for with and intended to implement the gath- lish the Management Unit as soon as prac- the conveyance under subsection (a), Mt. ering rights reserved by such treaty. ticable after the final closing of the Cooper Hood Meadows, Meadows North, LLC, and (b) TRIBAL LANDS.—Nothing in this Act is North Face Inn, LLC, shall convey to the Spur-Government Camp land exchange au- intended to affect lands held in trust by the United States all right, title, and interest of thorized by subtitle A of title VIII, but in no Secretary of the Interior for Indian tribes or these entities in and to— case later than 30 days after the date of the individual members of Indian tribes or other (1) a parcel of private land consisting of ap- final closing of such land exchange. The lands acquired by the Army Corps of Engi- proximately 770 acres at Cooper Spur, as de- Management Unit may not be established be- neers and administered by the Secretary of picted on the official map; fore final closing of the land exchange. the Interior for the benefit of Indian tribes (2) all buildings, furniture, fixtures, and TITLE VII—LOCAL AND TRIBAL and individual members of Indian tribes. equipment at the Inn at Cooper Spur covered RELATIONSHIPS (c) HUNTING AND FISHING.—Nothing in this by the appraisal described in subsection SEC. 701. FINDINGS AND PURPOSE. Act is intended to affect the laws, rules, and regulations pertaining to hunting and fish- (c)(1); The purpose of this title is to recognize ing under existing State and Federal laws (3) the 1,350 acre special use permit for the and support the ability of Native Americans and Indian treaties. Cooper Spur Ski Area, as depicted on the of- to continue to gather first foods in the ficial map; and Mount Hood National Forest using tradi- SEC. 705. IMPROVED NATURAL DISASTER PRE- PAREDNESS. (4) all buildings, furniture, fixtures, and tional methods and the central role of the (a) IMPOSITION OF STANDARDS.—New devel- equipment at the Cooper Spur Ski Area cov- State of Oregon and local governments in opment occurring on land conveyed by the ered by the appraisal described in subsection managing for issues dealing with natural and Secretary of Agriculture under title VIII or (c)(1). developed environments in the vicinity of undertaken or otherwise permitted by the (c) APPRAISED VALUES OF CONVEYED PROP- the national forest. Secretary of Agriculture on National Forest ERTY.— SEC. 702. FIRST FOODS GATHERING AREAS. System land in Mount Hood National Forest (1) USE OF AGREED UPON APPRAISAL.—For (a) PRIORITY USE AREAS.—The Secretary of after the date of the enactment of this Act purposes of the land exchange authorized by Agriculture shall identify, establish, de- shall be constructed or altered in compliance this subtitle, the values of the land and velop, and manage priority-use areas in with one of the nationally recognized model other property to be conveyed under sub- Mount Hood National Forest for the gath- building codes or wildland-urban interface sections (a) and (b) are derived from apprais- ering of first foods by members of Indian codes and with other applicable nationally als performed in 2005 by Steve A. Hall, MAI, tribes with treaty-reserved gathering rights recognized codes. CCIM, Oregon State Certified General Ap- on lands encompassed by the national forest. (b) INCLUSION OF STANDARDS IN LAND CON- praiser. The appraisals were performed in The priority-use areas shall be identified, es- VEYANCES.—In the case of each of the land compliance with the Uniform Standards of tablished, developed, and managed in a man- conveyances described in title VIII, the Sec- Professional Appraisal Practice and the Uni- ner consistent with the memorandum of un- retary shall impose the requirements of sub- form Appraisal Standards for Federal Land derstanding entered into between the De- section (a) as a condition on the conveyance Acquisitions 2000 and have been reviewed and partment of Agriculture, the Bureau of Land of the Federal land under the conveyance. approved by the parties to the settlement Management, the Bureau of Indian Affairs, (c) EFFECT ON STATE AND LOCAL LAW.—To agreement. and the Confederated Tribes of the Warm the maximum extent feasible, the codes im- (2) APPRAISED VALUES.— Springs Reservation of Oregon (in this sec- posed pursuant to subsection (a) shall be (A) FEDERAL LAND.—The appraised value of tion referred to as the ‘‘Warm Springs consistent with the nationally recognized the land to be conveyed by the Secretary of Tribe’’) and dated April 23, 2003, and such fur- codes adopted by the State of Oregon or po- Agriculture under subsection (a) is $3,810,000. ther agreements as are necessary between litical subdivisions of the State. This section (B) PRIVATE LAND AND PROPERTY.—The ap- the Secretary of Agriculture and the Warm shall not be construed to limit the power of praised value of the land and other property Springs Tribe to carry out the purposes of the State of Oregon or a political subdivision to be conveyed by Mt. Hood Meadows, Mead- this section. of the State to implement or enforce any ows North, LLC, and North Face Inn, LLC, (b) PRIORITY USE.—Members of Indian law, rule, regulation, or standard concerning under subsection (b) is $5,535,000. tribes with treaty-reserved gathering rights fire prevention and control. (3) TREATMENT OF EXCESS CONSIDERATION.— on lands encompassed by Mount Hood Na- (d) ENFORCEMENT.—The codes imposed pur- The amount by which the appraised value of tional Forest shall have exclusive rights to suant to subsection (a) may be enforced by the land and other property conveyed by Mt. gather first foods in the priority-use areas the same entities otherwise enforcing build- Hood Meadows, Meadows North, LLC, and established pursuant to subsection (a). ing codes regarding new development occur- North Face Inn, LLC, under subsection (b) (c) APPLICABLE LAW.—In considering and ring on land conveyed by the Secretary of exceeds the appraised value of the land con- selecting National Forest System land for Agriculture under title VIII. veyed by the Secretary under subsection (a), inclusion in a priority-use area under sub- TITLE VIII—LAND CONVEYANCES $1,725,000, represents a donation to the section (a), the Secretary of Agriculture Subtitle A—Cooper Spur-Government Camp United States. shall comply with the land and resource Land Exchange (d) COMPLETION OF LAND EXCHANGE.—The management plan for Mount Hood National SEC. 801. FINDINGS AND PURPOSE. Secretary of Agriculture shall complete all Forest and applicable laws. The purpose of this subtitle is to recognize legal and regulatory processes required in (d) FIRST FOODS DEFINED.—In this section, the years of work by local residents and po- connection with the conveyances under this the term ‘‘first foods’’ means roots, berries, litical and business leaders from throughout section and complete the closing of the con- and plants on National Forest System land the States of Oregon and Washington to pro- veyances within eight months after the date in Mount Hood National Forest that have tect the north side of Mount Hood and bring of the enactment of this Act. been gathered for traditional and cultural to culmination the land exchange authorized (e) RECONVEYANCE OF LAND AND IMPROVE- purposes by members of Indian tribes with by section 802. Congress finds that numerous MENTS.— treaty-reserved gathering rights on lands en- public hearings have been held where broad (1) PROHIBITION ON RECONVEYANCE OF compassed by Mount Hood National Forest. public support has been voiced for the pro- LAND.—The Secretary of Agriculture may SEC. 703. FOREST SERVICE COORDINATION WITH tection of Mount Hood and the consumma- not reconvey any of the land (as opposed to STATE AND LOCAL GOVERNMENTS. tion of the land exchange. improvements thereon) acquired by the Congress encourages the Secretary of Agri- SEC. 802. COOPER SPUR-GOVERNMENT CAMP United States under subsection (b). culture to cooperate with the State of Or- LAND EXCHANGE. (2) LIMITATION ON RECONVEYANCE OF IM- egon, local communities, counties, and In- (a) CONVEYANCE REQUIRED.—The Secretary PROVEMENTS.—Any subsequent sale or lease dian tribes in the vicinity of Mount Hood Na- of Agriculture shall convey to Mt. Hood of improvements acquired under subsection

VerDate Aug 31 2005 02:06 Jul 25, 2006 Jkt 049060 PO 00000 Frm 00008 Fmt 4634 Sfmt 0634 E:\CR\FM\A24JY7.004 H24JYPT1 jcorcoran on PROD1PC62 with HOUSE July 24, 2006 CONGRESSIONAL RECORD — HOUSE H5577 (b) may not be made to Mt. Hood Meadows, shall conform with the title approval stand- County, Oregon (in this section referred to as or any successor thereof. ards applicable to Federal land acquisitions. the ‘‘County’’), all right, title, and interest (f) EXISTING RIGHTS.—The conveyance of (c) LEGAL DESCRIPTIONS.—The exact acre- of the United States in and to a parcel of Na- Federal land under this section shall be sub- age and legal description of the land to be tional Forest System land in the Mount ject to valid existing rights of third parties. exchanged under section 802 shall be deter- Hood National Forest consisting of approxi- In the alternative, the Secretary of Agri- mined by surveys satisfactory to the Sec- mately 160 acres, as depicted on the map en- culture may grant substitute permit rights retary of Agriculture. The costs of any such titled ‘‘Hunchback Mountain Land Ex- of equivalent utility to use other Federal survey, as well as other administrative costs change-Clackamas County’’ and dated June land. incurred to execute the land exchange, shall 2006. (b) CONSIDERATION.—As consideration for SEC. 803. TREATMENT OF INN AT COOPER SPUR be borne by the Secretary. AND THE COOPER SPUR SKI AREA. Subtitle B—Other Land Exchanges the conveyance under subsection (a), the County shall convey to the United States all (a) SOLICITATION OF NEW CONCESSIONAIRE.— SEC. 811. LAND EXCHANGE, PORT OF CASCADE right, title, and interest of the County in and Not later than 60 days after the date of the LOCKS-PACIFIC CREST NATIONAL to a parcel of land consisting of approxi- final closing of the land exchange under sec- SCENIC TRAIL. mately 160 acres, as depicted on the map re- tion 802, the Secretary of Agriculture shall (a) CONVEYANCE REQUIRED.—The Secretary of Agriculture shall convey to the Port of ferred to in subsection (a). The acquisition of prepare and publish a proposed prospectus in this parcel will ensure the continued integ- Cascade Locks, Cascade Locks, Oregon (in order to solicit a new concessionaire for the rity of the forested land, a substantial por- this section referred to as the ‘‘Port’’), all Inn at Cooper Spur and the Cooper Spur Ski tion of which exceeds 120 years in age, and right, title, and interest of the United States Area within the new configuration of these the public’s access to the parcel. in and to a parcel of National Forest System establishments, as depicted on the official (c) EQUAL VALUE EXCHANGE.—The values of map. land in the Columbia River Gorge National the land to be exchanged under this section (b) COMPETITIVE PROCESS.—Prospective Scenic Area consisting of approximately 10 shall be determined pursuant to an appraisal concessionaires shall be able to bid competi- acres, as depicted on the map entitled ‘‘Port acceptable to the Secretary of Agriculture tively for the right to operate either the Inn of Cascade Locks-Pacific Crest National Sce- and the County. If the values are not equal, at Cooper Spur or the Cooper Spur Ski Area nic Trail Land Exchange’’ and dated June they shall be equalized in the manner pro- (or both together) in an open process that 2006. vided in section 206(b) of the Federal Land considers all values, not just the highest dol- (b) CONSIDERATION.—As consideration for Policy and Management Act of 1976 (43 lar value. the conveyance under subsection (a), the U.S.C. 1716(b)). (c) CONSULTATION.—The Secretary of Agri- Port shall convey to the United States all (d) COMPLIANCE WITH EXISTING LAW.—Ex- culture shall consult with Mt. Hood Mead- right, title, and interest of the Port in and to cept as otherwise provided in this section, ows, Meadows North, LLC, and North Face a parcel of land consisting of approximately the Secretary shall carry out the land ex- Inn, LLC, the Hood River Valley Residents 40 acres, as depicted on the map referred to change under this section in the manner pro- Committee, the Cooper Spur Wild and Free in subsection (a). The acquisition of this land vided in section 206 of the Federal Land Pol- Coalition, and the Hood River County Com- will ensure the continued integrity of the icy Management Act of 1976 (43 U.S.C. 1716). mission in selecting a new concessionaire for Pacific Crest National Scenic Trail in the vi- (e) CONDITIONS ON ACCEPTANCE.—Title to the Inn at Cooper Spur and the Cooper Spur cinity of Cascade Locks and the public’s the non-Federal land to be acquired by the Ski Area and to prepare for the orderly and ability to access the north Oregon entrance Secretary of Agriculture under this section smooth transition of the operation of the Inn of the trail. must be acceptable to the Secretary, and the at Cooper Spur and the Cooper Spur Ski (c) EQUAL VALUE EXCHANGE.—The values of conveyances shall be subject to valid exist- Area to the new concessionaire. the land to be exchanged under this section ing rights of record. The non-Federal land shall conform with the title approval stand- (d) TREATMENT OF PROCEEDS.—All funds re- shall be determined pursuant to an appraisal ceived pursuant to a concession contract acceptable to the Secretary of Agriculture ards applicable to Federal land acquisitions. (f) LEGAL DESCRIPTIONS.—The exact acre- under this section shall be deposited in the and the Port. If the values are not equal, age and legal description of the land to be fund established by Public Law 90–171 (16 they shall be equalized in the manner pro- exchanged under this section shall be deter- U.S.C. 484a; commonly known as the Sisk vided in section 206(b) of the Federal Land Policy and Management Act of 1976 (43 mined by surveys satisfactory to the Sec- Act) and shall remain available to the Sec- retary of Agriculture. The costs of any such retary of Agriculture until expended, with- U.S.C. 1716(b)). (d) COMPLIANCE WITH EXISTING LAW.—Ex- survey, as well as other administrative costs out further appropriation, for use in Mount incurred to execute the land exchange, shall Hood National Forest, with priority given to cept as otherwise provided in this section, the Secretary shall carry out the land ex- be negotiated between the Secretary and the the Hood River Ranger District for restora- County. tion projects on the North side of Mount change under this section in the manner pro- vided in section 206 of the Federal Land Pol- (g) EXISTING RIGHTS.—The conveyance of Hood. Federal land under this section shall be sub- (e) ALTERNATIVE CONVEYANCE AND SPECIAL icy Management Act of 1976 (43 U.S.C. 1716). (e) CONDITIONS ON ACCEPTANCE.—Title to ject to valid existing rights of third parties. USE PERMIT.—If the Secretary of Agriculture the non-Federal land to be acquired by the In the alternative, the Secretary of Agri- has not selected a concessionaire for the Inn Secretary of Agriculture under this section culture may grant substitute permit rights at Cooper Spur and the Cooper Spur Ski must be acceptable to the Secretary, and the of equivalent utility to use other Federal Area by the end of the one-year period begin- conveyances shall be subject to valid exist- land. ning on the date of the publication of the (h) COMPLETION OF LAND EXCHANGE.—The ing rights of record. The non-Federal land prospectus under subsection (a), the Sec- Secretary of Agriculture shall complete all shall conform with the title approval stand- retary may convey, without consideration, legal and regulatory processes required in ards applicable to Federal land acquisitions. the improvements acquired under paragraphs connection with the land exchange under (f) LEGAL DESCRIPTIONS.—The exact acre- this section and complete the closing of the (2) and (4) of section 802(b) only to Hood age and legal description of the land to be land exchange not later than 16 months after River County, Oregon. If the Secretary con- exchanged under this section shall be deter- the date of the enactment of this Act. veys improvements to Hood River County mined by surveys satisfactory to the Sec- pursuant to this subsection, the Secretary retary of Agriculture. The costs of such sur- The SPEAKER pro tempore. Pursu- shall issue a special use permit that would vey, as well as other administrative costs in- ant to the rule, the gentleman from Or- allow reasonable access to and management curred to execute the land exchange, shall be egon (Mr. WALDEN) and the gentle- of the improvements under terms similar to negotiated between the Secretary and the woman from Guam (Ms. BORDALLO) the Cooper Spur Ski Area Special Use Per- Port. mit. each will control 20 minutes. (g) EXISTING RIGHTS.—The conveyance of The Chair recognizes the gentleman SEC. 804. GENERAL PROVISIONS. Federal land under this section shall be sub- from Oregon. (a) APPLICABLE LAW.—Except as otherwise ject to valid existing rights of third parties. provided in this subtitle, the exchange of In the alternative, the Secretary of Agri- GENERAL LEAVE Federal land under section 802 is subject to culture may grant substitute permit rights Mr. WALDEN of Oregon. Mr. Speak- the existing laws and regulations applicable of equivalent utility to use other Federal er, I ask unanimous consent that all to the conveyance and acquisition of land land. Members may have 5 legislative days under the jurisdiction of the Forest Service. (h) COMPLETION OF LAND EXCHANGE.—The in which to revise and extend their re- It is anticipated that the Secretary of Agri- Secretary of Agriculture shall complete all marks and include extraneous material culture will be able to carry out the land ex- legal and regulatory processes required in on the bill under consideration. change without the promulgation of addi- connection with the conveyances under this The SPEAKER pro tempore. Is there tional regulations. section and complete the closing of the con- objection to the request of the gen- (b) CONDITIONS ON ACCEPTANCE.—Title to veyances within 16 months after the date of the non-Federal land to be acquired by the the enactment of this Act. tleman from Oregon? Secretary of Agriculture under section 802 SEC. 812. HUNCHBACK MOUNTAIN LAND EX- There was no objection. must be acceptable to the Secretary, and the CHANGE, CLACKAMAS COUNTY. Mr. WALDEN of Oregon. Mr. Speak- conveyances shall be subject to valid exist- (a) CONVEYANCE REQUIRED.—The Secretary er, I yield myself such time as I may ing rights of record. The non-Federal land of Agriculture shall convey to Clackamas consume.

VerDate Aug 31 2005 02:06 Jul 25, 2006 Jkt 049060 PO 00000 Frm 00009 Fmt 4634 Sfmt 0634 E:\CR\FM\A24JY7.004 H24JYPT1 jcorcoran on PROD1PC62 with HOUSE H5578 CONGRESSIONAL RECORD — HOUSE July 24, 2006 Mr. Speaker, I rise today to present we had 50 key stakeholders. Then we ican Tribes to provide for huckleberry to the House the Mount Hood Steward- followed that up with a 41-mile back- picking and other customary and tradi- ship Legacy Act. I want to thank Re- packing trip just about a year ago. tional harvesting of ‘‘first foods’’ to en- sources Committee Chairman Richard When approved by the Congress, this sure healthy stands of huckleberries Pombo for his support of this legisla- legislation will provide the largest ad- and other traditional plant species. tion and his assistance in our work to dition of forest wilderness to America’s We encourage cooperation with move it forward at this time. I also inventory in the last 3 years, the first Mount Hood’s local communities, coun- want to express my appreciation to my additional wilderness classification on ties, the State, the Tribes, and Federal Oregon colleagues, EARL BLUMENAUER, Mount Hood in the last 22 years and a land agencies to identify common PETER DEFAZIO and DARLENE HOOLEY 40 percent increase over existing des- ground, coordinate planning efforts for their work on the Mount Hood ignations. It will resolve a 30-year-old around the mountain and make the Stewardship Legacy Act, H.R. 5025. land management dispute in the Hood Federal Government a better partner Together, we have crafted a bipar- River Valley, and it designates 26 miles in building cooperative and lasting so- tisan, locally written and widely sup- of wild and scenic rivers. It also calls lutions. ported plan to protect the special for improved forest health conditions Last summer, EARL and I made his- places on Mount Hood for future gen- across a landscape that is in trouble. tory as probably the only bipartisan erations to enjoy, while working to im- But let me be very clear about our backpacking duo in the Congress to prove access, recreation, forest health intent for this legislation. We intend it make the journey around Mount Hood. and watersheds. We have worked with to increase the amount of wilderness, Over the course of 4 days and 3 nights, the Confederated Tribes of Warm but we intend that that adhere strictly we hiked 41 miles, climbed and de- Springs to fulfill treaty trust obliga- to the 1964 Wilderness Act, increase the scended 9,000 feet, and along the way tions and we have worked with local amount of Wild and Scenic Rivers on saw firsthand the mountain from every interests to resolve a nearly 30-year the Mount Hood National Forest, while perspective, including the one my an- battle over development in the Upper in total agreement that these designa- cestors saw 161 years ago this fall when Hood River Valley. This measure tions not reduce the amount of land they completed their wagon train jour- comes to the floor today in shape to be- that is specifically identified for tim- ney to the proposed land of Oregon. come law at any time. ber emphasis harvest nor would they It is in this spirit of promise for a I want to thank EARL BLUMENAUER deliberately result in future land man- better future, nurtured by an on-the- for his leadership in starting this proc- agement conflicts. ground appreciation, that we bring you ess nearly 3 years ago when he sug- If recreational activities, such as this legislation and ask for your sup- gested that he and I could work to- snowmobiling, were to take place with- port. gether to consider the issues and pres- in view or earshot of a wilderness, then Finally, I will include for the CON- sures facing Oregon’s icon, Mount that activity would still be allowed to GRESSIONAL RECORD an exchange be- continue. Hood. Perhaps because our history goes tween Congressman POMBO of the Re- Any landowners with private back to the 1970s, we were able to re- sources Committee and Chairman inholdings incorporated by the designa- kindle a little bit of that Oregon spirit GOODLATTE of the Agriculture Com- tions would be granted full access to and dream by working together to de- mittee. I thank Chairman GOODLATTE their lands, although we don’t believe for his cooperation in helping this bill velop a shared vision for Mount Hood, there are any. using a very public and collaborative We require the Forest Service to de- be considered today. HOUSE OF REPRESENTATIVES, process. velop and implement through existing I appreciate the detailed analysis COMMITTEE ON AGRICULTURE, authorities a 10-year assessment to ad- Washington, DC, July 21, 2006. that the Forest Service has put into dress bug-infested, disease-ridden and carefully reviewing the Mount Hood Hon. RICHARD POMBO, heavily overstocked trees and to take Chairman, Committee on Resources, Stewardship Legacy Act. Likewise, I action using site-specific, environ- Washington, DC. appreciate the technical comments mentally reviewed, and publicly no- DEAR MR. CHAIRMAN: Thank you for for- from groups like the American Forest ticed projects to improve these areas to warding a draft copy of H.R. 5025, the Mount Resource Council, the Campaign For the optimum condition class. Hood Stewardship Legacy Act, which the America’s Wilderness and American Where memorandums of under- Committee on Resources favorably reported. As you know, the Committee on Agriculture Rivers, the State of Oregon and the standing or legislative authorities do five county governments that are di- received an additional referral. not currently exist between irrigation Because of your wish to expedite this legis- rectly impacted by what takes place in districts or municipalities and the For- lation and the history of cooperation be- the Mount Hood National Forest. est Service, the Forest Service would tween our Committees on these matters, I Colleagues, H.R. 5025 is a balanced be directed to enter into MOUs that will agree to discharge H.R. 5025 from further plan that not only protects extraor- outline stewardship goals to manage consideration by the Committee on Agri- dinary places for future generations, watersheds for water quality and water culture. The Committee on Agriculture will but also will lead to improved forest quantity. discharge the bill with the understanding health conditions across a broad region Existing development footprints are that discharge does not waive any future ju- of a forest that, frankly, in some areas risdictional claim over this issue or similar the best places to enhance recreational measures. Furthermore, in the event a con- is in trouble. Our measure seeks to pro- opportunities and maximize future po- ference with the Senate is requested on this tect water quality and quantity, while tential. These areas could potentially matter, the Committee on Agriculture re- enhancing recreational opportunities include the footprints of Government serves the right to seek appointment of con- for an ever-growing population. We ad- Camp, Ski Bowl, Timberline, Mount ferees. dress transportation needs and encour- Hood Meadows, and lands allocated A– Again, I am grateful for the cooperative age continued public collaboration. 11 under the approved forest plan. Also spirit in which you have worked regarding The current version of the bill we this matter and others. if there are roads slated to be closed, Sincerely, will discuss here today is draft number they should be considered for other rec- 10 and was drafted from a concept BOB GOODLATTE, reational uses. Chairman. paper presented to the public in two fo- Establish a recreation working group rums in December of 2005, one in Hood comprised of local stakeholders to ad- HOUSE OF REPRESENTATIVES, River, Oregon, and one in Portland, Or- vise the Forest Service on planning for COMMITTEE ON RESOURCES, egon. The concept paper was drafted future recreational enhancements. Washington, DC, July 26, 2006. following two public summits which Develop an integrated transportation Hon. BOB GOODLATTE, drew about 250 participants each. They network that brings people to and from Chairman, Committee on Agriculture, specified or looked at challenges facing Mount Hood National Forest and safely Washington, DC. DEAR MR. CHAIRMAN: On July 19, 2006, the the Mount Hood National Forest con- transports people from place to place Committee on Resources ordered favorably ducted in August of 2003 and 2004. And on the mountain. reported with amendments H.R. 5025, the we had a 2-day roundtable discussion at We would require the Forest Service Mount Hood Stewardship Legacy Act. The Timberline Lodge in July of 2005 where to enter into MOUs with Native Amer- bill was referred primarily to the Committee

VerDate Aug 31 2005 02:06 Jul 25, 2006 Jkt 049060 PO 00000 Frm 00010 Fmt 4634 Sfmt 0634 E:\CR\FM\K24JY7.006 H24JYPT1 jcorcoran on PROD1PC62 with HOUSE July 24, 2006 CONGRESSIONAL RECORD — HOUSE H5579 on Resources, with an additional referral to turned to The Dalles but the others were al- sound of ‘‘we have found wood,’’ was wafted the Committee on Agriculture. I have for- ready two days journey down the river and to our ears. This give us a renewed energy warded a copy of the Committee-adopted we were not prepared to replenish the stores. and by an almost super-human effort we at amendment to your staff for review; it in- So it was left us to attempt the mountains last reached the assembled group. No sign of cludes the language in Title V of the bill without food, except beef. a fire was to be seen and most of the men and that was agreed to by our staff. After another day or two we heard loud all the boys were shedding tears. We were The author of the bill, Congressman Greg hallowing behind us. The sounds were not told that not a man could be found whose Walden, would like to see it considered on such as to cause alarm and soon it was seen hands had strength to fire a gun, and not a the Floor before we adjourn for the August to come from a party of five, young men and dry thread of clothing for kindling. All were District Work period, and Leadership has in- one old trapper. These parties were not panic stricken and all hope seemed aban- dicated its willingness to help. With this cumbered with baggage and thought to go on doned. very tight timeline, I ask that you allow the ahead and select camping places and kill My husband had been exerting all his Committee on Agriculture to be discharged game. Learning of our loss the Smith boys power in assisting me along and as soon as from further consideration of the bill so that kindly divided stores as far as we would per- he realized the situation he seized the gun it may be scheduled under suspension of the mit them, giving me nineteen biscuits and a and fired it into the little bunch of kindling rules as soon as possible. This discharge in sma1l rasher of bacon. A small portion of tea the men had prepared, but no fire resulted. no way affects your jurisdiction over the and sugar was tied on my saddle so we had a He now made every man present haul off his subject matter of the bill and it will not comfortable supper. coat and in the inner lining of Mr. J. Moore’s serve as precedent for future referrals. If The traveling was slow and toilsome. coat a small piece of dry quilted lining was H.R. 5025 or a similar bill is conferenced with Heavy fall rains were coming on and the found. This was placed in a handful of the Senate, I would support naming Com- steep slopes were almost impassible for man whittlings, and as the gun was reloaded all mittee on Agriculture members to the con- and beast. On the sixth day we became en- realized that upon that charge depended our ference committee. Finally, I would be tangled in a thicket of vine-maples and were lives. With almost super-human effort Mr. happy to insert this letter and your response compelled to turn back to our camping place Walden succeeded in firing the gun and in an in the Congressional Record when the bill is of the previous night. Next day we found it instant the flames burst forth. A great shout considered in the House of Representatives. impossible to proceed through the dense of thanksgiving burst forth and each poor Thank you for your consideration of my growth of Mountain Laurel. The cattle ate suffering traveler crowded as near as possible request, and I look forward to bringing H.R. freely of this shrub and were so poisoned to the welcome fire. I was so exhausted and discouraged that I 5025 to the Floor soon. that we dared not eat the meat. The old gentleman, Mr. Carson, had been sat down on a hummock and was perfectly Sincerely, chosen guide and he was misled by the In- indifferent as to the result. But soon as there RICHARD W. POMBO, dian trails that led to the berry patches far was sufficient warmth my husband led me to Chairman. up on the slopes of Mount Hood. So we had the fire side. No sooner had the warmth pen- b 1415 been making little progress toward the place etrated my wet and freezing garments than such excruciating pains seized me that I was Mr. Speaker, I will include at this of our destination. One morning we awoke in a blinding snowstorm. We toiled along the wild with pain and could not forbear the point in the RECORD Chapter 9 of a whole day through without seeing a tree or a scream that rent the air on that wild moun- book, an autobiography and spear of grass. Our course seemed to be up a tain. There was nothing to be done and I had reminiscences of Sara J. Cummings, gradual steep slope. As night was coming on to endure this suffering until the clothing on my great, great grandmother, who it seemed we must all perish, but weak, faint my body was dry and the chill of frost drawn made that trek 161 years ago. It details and starving we went on. The stronger men out of my limbs. My saddle horse was the only animal that in this chapter how they nearly per- now led the way and left relays to shout back so that we might follow them. My hus- was brought into the camp and soon my bed- ished on that mountain in the snowy ding was spread up to dry, and while the October blizzard. band and I were the last in the line. The strongest horses had given out before noon great pitch pine trees were consumed with CHAPTER IX and we were compelled to walk and lead our fire the group of weary travelers were soon WE CROSS THE CASCADE MOUNTAINS AND ARE riding nags. fast asleep. Mr. Walden presented me with a LOST FOR ELEVEN DAYS The loose stock became so weak and dis- biscuit, one that he had carried since our morning meal, fearing that some such ex- My husband and Mrs. Welch’s three sons couraged that we left them altogether, but tremity might overtake us. The morsel of were to drive the stock. After some delibera- the poor lost creatures followed along for food renewed my strength and as the warm tion it was decided that my brother, Lemuel, most of the afternoon. Our situation was woolen blankets were wrapped snugly around should accompany them. That decided my each moment becoming more desperate. The me I reclined near the great heap of glowing case. I, too, would accompany them. To this only hope of our lives lay in finding shelter logs and felt that God in his great mercy there was a strong remonstrance but my will and wood for a fire. The few pieces of bed would yet guide us safely into the land of our was not to be swayed in that matter. Mother clothing that were tied on our saddles were adoption. We slept soundly and awoke to find wept but I told them of my fears concerning wet and our garments were dripping wet the sky cloudless, clear and aglow with the their frail boats to stem the current of that through and through with the snow that had fallen on us all day long and had melted and light of the morning sun. The only hope of raging river, for we had seen the Celilo Falls. our lives now lay in the men finding the cat- thoroughly drenched every garment that we Father and my husband had gone as far as tle that one might be used for food, as not a wore. As the evening light illumined the re- the Cascade Falls. After some consideration morsel now remained of any sort and some of ceding storm clouds we realized our haz- of the matter she finally became more rec- us had been stinted for more than a week. onciled. Soon as all the arrangements were ardous situation as never before and we All arose and, after due deliberation, it was completed we gathered the stock, counted turned our course down the mountainside. decided that I should remain with the two them, and started out on our perilous jour- Fortunately for us there were no shadows boys, my brother Lemuel, and Mrs. Welch’s ney. This was on the first day of October, and the eternal snows cast a white light that son. All the others were to go in quest of the 1845. was sufficient to guide our feet, even after stock. We watched the weary procession as I forgot to mention that we were to be as- the day had drawn to a close. We were now they disappeared over the distant slope and sisted by one of father’s hired men, the same crossing the line from the eternal snows into the boys would have given up to tears, but Marion Poe who had traveled with us from that newly fallen and, as our weary feet sank that hope which precludes despair was ever the first day of our journey. On the day of into the sand that underlay the new snow, present in my heart and, after obeying the our departure I placed my new Spanish sad- hope deserted us, yet on and on we went. At instruction to ‘‘Keep a good fire and smoke dle that was bought for me in St. Louis, on a few minutes before 10:00 o’clock that night going, as it may prove a guide to our re- my strong and trusty young nag, and, with we were walking on firmer ground, the wet turn,’’ I proposed that we go to the summit parting tears and good-byes, we dared the snow being about a foot deep. I was so faint of a near ridge and look beyond and in the wilderness and the desert. and weak that I could scarcely put one foot direction of our anticipated home. In our We were substantially provided with food before the other and was dragged along by wanderings I became separated from the as a good horse was loaded with all necessary my husband. One man was leading a fine boys. provisions, but on the second day out from young horse of which he had taken great My attention was wholly devoted to the The Dalles Poe was left to bring the pack care, and leading the animal near my side in- majestic hue of Mount Hood as seen from horse while we were rounding the stock in sisted that I ride. My husband lifted me on that high Southern slope. We were far above the direction of our destination and again he the horse but not one step would the poor the timber line and the prospect was great. met a band of straggling Indians. As he at- beast take although I weighed less than We were at the edge of vast snow fields and tempted to talk to them they deliberately eighty pounds at that time. The men then looking upward towards the summit I saw an led the pack horse into ambush and half an placed my brother on the horse’s back but unusually black looking spot, and after hour later we returned from the various with the same result. My husband was now clambering up many hundreds of feet I came courses that had called us away and found leading me along and lifted me over the ob- upon what seemed to be an extinct crater, Poe riding dejectedly along, with nothing to structions of the path. We were of course the and near what seemed to me to be the sum- prevent us from starving. We would have re- last in the line of relays and the welcome mit of a mountain. I anxiously hoped to see

VerDate Aug 31 2005 02:06 Jul 25, 2006 Jkt 049060 PO 00000 Frm 00011 Fmt 4634 Sfmt 0634 E:\CR\FM\A24JY7.005 H24JYPT1 jcorcoran on PROD1PC62 with HOUSE H5580 CONGRESSIONAL RECORD — HOUSE July 24, 2006 smoke issue therefrom. I sat down, lost in my husband could not ride any one of them thought was to secure employment for the thought and admiration of the beautiful and only a few rods at a time. My case now devel- winter. The pasturage was free and we left wonderful view that opened before my eyes. oped the last stages of starvation. the poor animals to recuperate for winter The sky was cloudless. The storms of the Just after dark we reached the river where while we prepared to work for Dr. previous day had so cleared the air of dust it was now quite a broad stream, rolling and McLaughlin at his saw mill on the Taualatin and impurities that my horizon was bound- tumbling over high boulders. I tried to urge river. After two months work we learned less, and this, my first, prospect of ever- my pet riding nag into the water but it was that we were to receive nothing for our work lasting green forests and their wonderful viv- no use. On the opposite bank we saw a small that fall and we returned to Oregon City idness, green on all the near approaches and fire burning and rightfully judged it to be where we learned that father, mother, and changing with wonderful blend from green to some lagging member of our advanced party. all our friends with whom we had parted at etheral blue, and on the distant margin rest- My husband desired to cross, hoping to find The Dalles, were safely established in good ed the shade of blue, so intense, so indescrib- something for our starving nags to eat. houses at the old foundry works on the Wil- ably beautiful that no power of words can ex- After awhile we heard the sound of a lamette river. Father came right up to see us press the wonderful panorama of beauty with human voice. It proved to be Mr. Allen and took the stock home with him. Mr. Wal- which my soul was entranced. Seated on Miner, a young man who had left the party den rented rooms in Orgeon City and we re- eternal snow, looking from over these moun- early in the morning and had walked all day mained there all winter. I had for near neigh- tains and hills, across wide valleys into dark in advance of us. He had crossed the river in bor, Mrs. J. Welch who afterwards moved to glens, above the roar of wind or of water, I daylight. He called our horses by name and Astoria and remained there a respected lady was lost in infinity. at this they plunged into the raging stream. and the mother of a noble family. Time speeded by without my conscious My saddle girth broke and I had to hold by The environs of our new home, surrounded measurement. It was now about 12:00 o’clock the mane and balance myself as Dolly would by giant fir trees, the healthful sea breezes, in the day. The decent proved long and tedi- swim the deep channels, mount the rugged the strange sights and sounds were sources of ous. I went in search of the boys and found rocks or plunge over the sand bars, but, by continual thought. The long distance that them busily engaged rolling boulders down the mercy of God, husband and I found our- saparated us from our old home in the Mis- the mountainside to hear the crash of their selves safely across. Allen had a bright fire sissippi valley, precluded any form of home descent and the thud of their landing in the to welcome us and had killed a bird which he sickness and our united efforts were whol1y depths of some forested canyon far beneath had broiled, and this he shared with us. set upon the building of a home. We rested until daybreak. The horses had our feet. By persuasion I convinced them of As yet we had seen nothing of the land lain all night by the fire and we had great the dangers of their amusement, and we claims which had been the lure of our most difficulty in getting them up by daybreak. walked in various directions viewing the cu- sanguine hopes, but the first effort of our Allen Miner now took the two boys, Mrs. rious and wonderful things about us. At some lives was wholly devoted to the acquirement Welch’s son and my brother, Lemuel, and distance from us we saw a curiously colored of the necessities of life. forged ahead in search of food. Husband and copse and on approaching nearer we found it Of our winter in Oregon City and the subse- I went on as fast as our weary limbs would to be a dense growth of small green bushes quent experiences, I will tell you in the next carry us. Most of the party reached the home loaded with masses of small purplish berries chapter. of Peter Hatch about 2:00 o’clock on that growing on slender twigs. The fruit was odor- Mr. Speaker, I reserve the balance of ous and of a tempting look. I feared to eat afternoon. They were given some food and them although they were as fragrant as ripe were put to bed. Husband and I came in sight my time. apples, but, venturing a taste, I found them of their lights, for Mrs. Hatch kept a tallow Ms. BORDALLO. Mr. Speaker, I yield delicious. I plucked some branches and car- candle burning in the window and outside of myself such time as I may consume. ried them to our camp fire and tested them the house a good fire of logs that we might (Ms. BORDALLO asked and was again and again until I decided they were be guided to their place. given permission to revise and extend I now took off my blanket dress and put on harmless. The boys and I ate freely of them. her remarks.) Our hunger and thirst was appeased and we my spick and span new dress and corded sun- bonnet which I had carried safely on my sad- Ms. BORDALLO. Mr. Speaker, as the realized the nutritious effect. We now carried dle, and thus arrayed, by my husband’s help, majority explained, H.R. 5025 des- and laid by the campfire a fine stock of the I staggered into the door. Mrs. Hatch caught ignates approximately 77,216 acres of berries to await the return of the weary and me in her arms and her first words were, starving men folks, should they be so fortu- National Forest System lands in the ‘‘Why dear woman, I supposed your clothing nate as to reach us when nightfall should Mount Hood National Forest as wilder- had been torn off your body long ago.’’ ness. overtake us. We were seated by the fire. She bathed our Just before sunset the men and beasts were The legislation also designates about weary limbs, and after we had rested a few seen crossing a distant ridge. Instinct moments, seeing our starved, wan look, she 25 miles of waterways as part of the seemed to have directed the weary, chilled apologized for having but one potato baked National Wild and Scenic River Sys- beasts to climb a distant ridge where they with salt and a little butter for each. She tem, creates a system for fee retention found shelter under a towering cliff. The men then entertained us with pleasant conversa- on the Mount Hood National Forest, found them huddled together. The horses and tion and put more potatoes to bake. In less requires the Secretary to prepare a 10- cattle were in one group apparently afraid to than an hour’s time we were served with venture out in the snow. The grand rock roof year forest stewardship assessment, baked potatoes, wheat, butter, and a small and sets up three land exchanges. and sandy floor protected them from cold slice of bread. We then retired for the night. and storm, and but for the tinkle of their We awoke early with ravenous appetites. Mr. Speaker, I would like to recog- bells they might have perished. As it was Mrs. Hatch was aware of this, and, knowing nize my colleagues from Oregon, Rep- they had been quite comfortable for the the danger of our condition had wisely stint- resentatives EARL BLUMENAUER, PETER night. Not far from our camp was some short ed our meals. Our breakfast was more sub- DEFAZIO and DARLENE HOOLEY, who are grass and leafy shrubs on which they could stantial. They had beef of excellent quality all cosponsors of H.R. 5025. browse. Our saddles, budgets, and bed-cloth- and on this day we were given four meals, In particular, Mr. BLUMENAUER has ing had rested safely on the backs of our and each one recovered from this nineteen worked tirelessly over the past several weary beasts. days of want with no serious after effects. Early next morning we resumed our jour- My husband and the others were equally years to craft and advance this legisla- ney, having butchered a beef which we could blest but they did not rest contentedly as all tion. Mr. Speaker, we support the pend- not eat on account of the poisoned laurel. our prospects for making a home in the ing measure. One of the men had named the fruit which newly settled region was in finding our poor Mr. Speaker, I yield such time as he we produced, huckleberries, and from these stock and teams. As soon as they were able may consume to the gentleman from we made our only breakfast food. My own to go on the trail a good supply of food was Oregon (Mr. BLUMENAUER). party had been fourteen days with only nine prepared and returned to the stock a nd were Mr. BLUMENAUER. Mr. Speaker, I hard-tack biscuits and four small slices of blest in finding every one of the animals in appreciate the gentlewoman’s courtesy bacon. The Smith boys and all the others in better condition and grazing in a friendly the crowd were also about out of food, and it herd, horses, oxen and stock cattle. Not a in permitting me to speak on the bill. was decided to make forced marches in the hoof was missing and within a week’s time I, too, would like to thank Chairman direction of Oregon City, which, from this we were surprised to see them all brought POMBO, Ranking Member RAHALL, Sub- treeless height, we judged to be nearly West safely to the end of our journey. committee Ranking Member UDALL, of us. Mrs. Peter Hatch continued to supervise and the staff of the committee that We kept the stock with us until we reached our necessities and in all the world there they worked with, and colleagues the grass lands at the head of Sandy River. could not be found a woman more capable PETER DEFAZIO and DARLENE HOOLEY Each one then decided to go in quest of food and more willing to make her fellow-beings as the men were becoming desperate and had happy and comfortable. Later I shall give a for helping bring this legislation to the lost all fear of wild beasts so that even the short tribute to this noble lady. floor today. sight of a grizzly bear would not have fright- A few days rest restored the strength and The Mount Hood Stewardship Legacy ened us. Our horses were now so weak that vitality to our weary bodies and the first Act represents a tremendous amount of

VerDate Aug 31 2005 02:06 Jul 25, 2006 Jkt 049060 PO 00000 Frm 00012 Fmt 4634 Sfmt 0634 E:\CR\FM\A24JY7.024 H24JYPT1 jcorcoran on PROD1PC62 with HOUSE July 24, 2006 CONGRESSIONAL RECORD — HOUSE H5581 hard work by 1,000 Oregonians who depend upon the integrity of the moun- that the many people who care can put found common ground on the critical tain for their drinking water. And it is the pieces together in a finely-balanced issues facing our State’s icon, Mount a place of retreat for tens of thousands fashion that produces a blueprint for Hood. of people every year. the next century, while enhancing cur- Mr. Speaker, I want to especially There are hundreds of people who call rent uses and being true to the moun- thank my colleague and subcommittee the mountain their home, and we have tain legacy we all hold so dear. chair, Mr. WALDEN, for working with historic treaty and moral obligations This is the most progress we have me for more than 3 years on this legis- to Native Americans for whom the seen in either the House or the Senate lation, and for his idea that we actu- mountain has special spiritual and in over 20 years. I am hopeful that our ally hike around the mountain. It was practical significance. friends in the other body will seize the a fitting capstone to a really extraor- By solemn treaty rights, they are day. If they choose to act this week, dinary opportunity to work together, owed their due for gathering first the President can sign this bill into to strengthen a friendship, and be able foods, hunting, fishing and for spiritual law before Labor Day, assuring the sin- to focus on something that is so impor- observances. gle most important step in crafting and tant to our State. This bill deals with the important implementing the legacy of Mount Together, we enlisted extensive in- elements that will profoundly affect Hood for the next century. volvement of citizen groups, environ- Oregonians for generations to come. Ms. BORDALLO. Mr. Speaker, I wish mental organizations, recreational ad- First and foremost, over 77,000 acres of to thank Mr. WALDEN and Mr. vocates, public agencies, tribal rep- pristine wilderness will be protected, a BLUMENAUER from Oregon for their resentatives, and local governments to 40 percent increase in wilderness inven- support of this legislation. We support create a bill that establishes a long- tory. this legislation. term sustainable vision for the moun- Over 25 miles of river will be pro- Mr. Speaker, I yield back the balance tain and addresses the immediate chal- tected as ‘‘wild and scenic.’’ This bill of my time. lenges of wilderness protection, recre- will protect the pristine quality of Mr. WALDEN of Oregon. Mr. Speak- ation, transportation, forest health, these areas that people hold so dear. er, in conclusion, I want to thank my water quality, development, and Native It is not by any stretch of the imagi- colleague from Oregon especially, Con- American rights. nation the last word on wilderness, but gressman BLUMENAUER. We have had a It seems so simple today, as we come it does break down the log jam that great partnership over 3 years working forward, not just with the Mount Hood has prevented wilderness from moving on this legislation to bring it to this wilderness bill, but with a comprehen- forward for over 20 years. point, building it from the ground up. sive vision for the future of Mount We have dealt with the very com- And we could not have done it without Hood. The plan makes sense. The plicated and challenging issue of recre- the very talented staff that he ref- pieces fit together in logical ways. But ation. Our legislation will ensure that erenced in his remarks, Colby Mar- it seems so simple only because 1,000 people who love to snowshoe, ski, shall, Janine Benner and Hillary people, public servants, academics, ex- mountain bike, snowmobile and hike Barbour. They have just been terrific pert stakeholders, volunteers and peo- will have access, but we are also mak- troopers, helping us every way, and ple who just plain care about the ing sure that we will all not collec- went on the backpack trip with us, but mountain were willing to roll up their tively be loving the mountain to death. let the record show clearly, we each sleeves and invest 3 years to work with We have laid the groundwork to ad- carried our own packs along the trail. my partner, GREG WALDEN, and me, to dress the mountain’s transportation And my wife and son also accompanied make this happen. challenges in a way that will both en- us on that backpack trip. I must also acknowledge three other sure the safety of the mountain’s visi- It was a great way to learn about the critical people, who were invested in tors and residents, while at the same mountain and see it firsthand. It is this, in this body and soul, Colby Mar- time moving more people but in fewer truly a remarkable place and great shall, on Congressman WALDEN’s staff, cars to and from key recreation des- piece of America. I hope others will Janine Benner and Hillary Barbour on tinations. come and enjoy it as we have. mine. They were a team in Wash- Even the 3,449 miles of forest roads Mr. Speaker, I yield back the balance ington, D.C., they were a team in Or- that are currently in uneven states of of my time and ask for your support egon, and they were a key part, lit- repair and without adequate resource for this very important and progressive erally, in joining us around the moun- provide the basis for a potential unpar- legislation. tain. We would not be here today with- alleled system of bicycle facilities. We The SPEAKER pro tempore. The out their efforts. will help the Forest Service work with question is on the motion offered by We began drafting with a document local communities to address forest the gentleman from Oregon (Mr. WAL- that contained core principles and con- health and water shed issues. We will DEN) that the House suspend the rules cepts. The ideas were developed enhance the ability of Native Ameri- and pass the bill, H.R. 5025, as amend- through the elaborate public process cans to gather first foods and exercise ed. that my colleague, Congressman WAL- their treaty rights. The question was taken; and (two- DEN, just outlined, and that great 41- We address long simmering disputes thirds having voted in favor thereof) mile hike around the mountain. about where development on the moun- the rules were suspended and the bill, It was through these meetings with tain should take place. For example, as amended, was passed. interested parties, thousands of public the Cooper Spur land exchange settles A motion to reconsider was laid on comments, that we further refined the a 30-year dispute on the north side of the table. principles and then translated them the mountain, and is widely supported f into the legislation, which was intro- by conservation groups, citizens, and duced this spring. Following the Forest the ski industry and county govern- HOLDING CERTAIN LANDS IN Subcommittee hearing in April, we ment. TRUST FOR THE UTU UTU continued working with stakeholders, Its implementation keeps develop- GWAITU PAIUTE TRIBE the Forest Service, our colleagues from ment on the south side of the mountain Mr. WALDEN of Oregon. Mr. Speak- both parties, staff people, to refine the where infrastructure already exists, er, I move to suspend the rules and language and clarify the intent. while protecting the pristine north side pass the bill (H.R. 854) to provide for Mr. Speaker, it has been a long hard in perpetuity. With this legislation, we certain lands to be held in trust for the effort, but it has been worth it, because honor the historic mediated settlement Utu Utu Gwaitu Paiute Tribe, as the stakes for Mount Hood and the Pa- between the parties and we now appear amended. cific northwest have never been higher. to be within reach of a long-term solu- The Clerk read as follows: It is not just an icon for both our home tion that is in everyone’s best interest. H.R. 854 towns of Hood River and Portland, it is Today, Mr. Speaker, is one of the Be it enacted by the Senate and House of Rep- the single most important recreational most important days in the modern resentatives of the United States of America in resource in Oregon. A million people history of Mount Hood. We have proven Congress assembled,

VerDate Aug 31 2005 02:06 Jul 25, 2006 Jkt 049060 PO 00000 Frm 00013 Fmt 4634 Sfmt 0634 E:\CR\FM\K24JY7.039 H24JYPT1 jcorcoran on PROD1PC62 with HOUSE H5582 CONGRESSIONAL RECORD — HOUSE July 24, 2006 SECTION 1. LANDS TO BE HELD IN TRUST. Ms. BORDALLO. Mr. Speaker, the Ms. BORDALLO. Mr. Speaker, I yield (a) IN GENERAL.—Subject to valid existing majority has adequately explained this back the balance of my time. rights, all right, title, and interest of the United legislation, H.R. 854, and we have no Mr. WALDEN of Oregon. Mr. Speak- States in and to the lands, including improve- ments and appurtenances, described in sub- objections to it. er, I yield back the balance of my time section (b) are hereby declared to be held in MR. MCKEON. Mr. Speaker, I rIse today in and urge passage of the legislation. trust by the United States for the benefit of the strong support of H.R. 854 and urge my col- The SPEAKER pro tempore. The Utu Utu Gwaitu Paiute Tribe, Benton Paiute leagues to join me in supporting its adoption. question is on the motion offered by Reservation. I introduced H.R. 854 on February 16, 2005, the gentleman from Oregon (Mr. WAL- (b) LAND DESCRIPTION.—The lands to be held to transfer 240 acres of excess Bureau of DEN) that the House suspend the rules in trust pursuant to subsection (a) are the ap- Land Management, BLM, lands into trust for and pass the bill, H.R. 854, as amended. proximately 240 acres described as follows: Mount Diablo Base and Meridian, Township 2 the Utu Utu Gwaitu Paiute Tribe of the Benton The question was taken; and (two- South, Range 31 East Section 11: SE 1⁄4 and E 1⁄2 Paiute Reservation, Tribe. thirds having voted in favor thereof) of SW 1⁄4. The Benton Paiute Reservation is located in the rules were suspended and the bill, (c) GAMING RESTRICTION.—Lands taken into Mono County, approximately 40 miles north- as amended, was passed. trust pursuant to subsection (a) shall not be east of Bishop, CA, in one of the most remote A motion to reconsider was laid on considered to have been taken into trust for, and isolated areas of my congressional dis- the table. and shall not be eligible for, class II gaming or trict. The 240 acres proposed for transfer f class III gaming (as those terms are used in the under H.R. 854 are immediately adjacent to Indian Gaming Regulatory Act (25 U.S.C. 2701 b 1430 et seq.)). the existing 160-acre Benton Paiute reserva- tion and have been classified by the BLM as The SPEAKER pro tempore. Pursu- MUSCONETCONG WILD AND SCENIC ant to the rule, the gentleman from Or- ‘‘suitable for disposal’’ for more than a decade. RIVERS ACT In fact, legislation facilitating this transfer egon (Mr. WALDEN) and the gentle- Mr. WALDEN of Oregon. Mr. Speak- goes as far back as the 104th Congress. We woman from Guam (Ms. BORDALLO) er, I move to suspend the rules and have come a long way to get to this day and each will control 20 minutes. pass the bill (H.R. 1307) to amend the I’d like to thank Chairman POMBO for his help The Chair recognizes the gentleman Wild and Scenic Rivers Act to des- in making it possible. I would also like to from Oregon. ignate portions of the Musconetcong praise the committee staff, particularly Tom GENERAL LEAVE River in the State of New Jersey as a Brierton, Chris Fluhr and Jim Hall. Mr. WALDEN of Oregon. Mr. Speak- component of the National Wild and er, I ask unanimous consent that all Mr. Speaker, the lands taken into trust under H.R. 854 are of vital importance to the Scenic Rivers System, and for other Members may have 5 legislative days purposes, as amended. to revise and extend their remarks and Utu Utu Gwaitu Paiute Tribe in its quest for self-sufficiency and to enhance its potential for The Clerk read as follows: include extraneous material on the bill H.R. 1307 under consideration. economic development. The land in question The SPEAKER pro tempore. Is there will be put to good use, including the construc- Be it enacted by the Senate and House of Rep- tion of much needed tribal housing units, a resentatives of the United States of America in objection to the request of the gen- Congress assembled, tleman from Oregon? health station, wellness center, fire station, po- There was no objection. lice station and an industrial park for manufac- SECTION 1. SHORT TITLE. Mr. WALDEN of Oregon. Mr. Speak- turing businesses. This Act may be cited as the ‘‘Musconetcong Wild and Scenic Rivers Act’’. er, I yield myself such time as I may Additionally, because of the Utu Utu consume. Gwaitu’s strong commitment to a solid eco- SEC. 2. FINDINGS. Congress finds the following: H.R. 854 is a bill to provide for cer- nomic future based on growth and hard work, tain lands to be held in trust for the (1) The Secretary of the Interior, in co- the tribe has passed a tribal government reso- operation and consultation with appropriate Benton Paiute Reservation in Northern lution to prohibit gaming on the 240-acre par- Federal, State, regional, and local agencies, California, home of Utu Utu Gwaitu In- cel. This makes it clear that the tribe will not is conducting a study of the eligibility and dian Tribe. carry out gaming activities on the lands pro- suitability of the Musconetcong River in the H.R. 854 would transfer 240 acres of posed for transfer. To reflect this, H.R. 854 in- State of New Jersey for inclusion in the Wild land from the Bureau of Land Manage- cludes a specific prohibition on gaming. and Scenic Rivers System. ment and place that land into trust for Because of this, I am pleased to say that (2) The Musconetcong Wild and Scenic the benefit of the tribe. The 240 acres H.R. 854 has strong support in my district, River Study Task Force has prepared, with are contiguous to the existing reserva- assistance from the National Park Service, a with backing from the Mono County govern- river management plan for the study area tion and have been classified as suit- ment and local community, as well as from nu- able for disposal through the BLM land entitled ‘‘Musconetcong River Management merous California Indian tribal governments Plan’’ and dated April 2003, which establishes use planning process. and organizations. goals and actions that will ensure long-term This acreage is of vital importance to Finally, I am pleased to be able to say that protection of the outstanding values of the the tribe in its quest for self-suffi- no Federal funds will be necessary to accom- river and compatible management of land ciency and to enhance its potential for plish the proposed land transfer in this legisla- and water resources associated with the economic development. Additionally, tion. In short, Mr. Speaker, this bill is an ex- river. because of the tribe’s strong commit- (3) Thirteen municipalities and three coun- ample of that bird we see too rarely around ment to a solid economic future based ties along segments of the Musconetcong on growth and hard work, the tribal here these days: A ‘‘win-win’’ proposition. River eligible for designation have passed council passed a resolution to prohibit In closing, Mr. Speaker, I’d like to commend resolutions supporting the Musconetcong gaming on the 240-acre parcel. the efforts of all the members of the Utu Utu River Management Plan, agreeing to take This resolution makes it clear that Gwaitu Paiute Tribe, and in particular, I’d like action to implement the goals of the plan, the tribe will not carry out gaming ac- to praise Chairman Joseph Saulque. and endorsing designation of the river. tivities on the land proposed for trans- Chairman Saulque has been an advocate SEC. 3. DESIGNATION OF PORTIONS OF for Indian people for more than three decades MUSCONETCONG RIVER, NEW JER- fer. I commend the efforts of Congress- SEY, AS SCENIC AND RECREATIONAL man MCKEON of California, the sponsor and is one of the most long-serving tribal lead- RIVERS. of H.R. 854, who has worked diligently ers in California. His outstanding work, particu- (a) DESIGNATION.—Section 3(a) of the Wild since the 104th Congress to see this leg- larly in the fields of Indian health and edu- and Scenic Rivers Act (16 U.S.C. 1274(a)) is islation enacted into law. cation, has made a tremendous difference in amended by adding at the end the following I look forward to the support of this improving the lives of generations of California new paragraph: House on H.R. 854. Indians. ‘‘(167) MUSCONETCONG RIVER, NEW JER- Mr. Speaker, I reserve the balance of It has been my pleasure to work with Chair- SEY.—(A) The 24.2 miles of river segments in man Saulque and the Utu Utu Gwaitu Paiute New Jersey, to be administered by the Sec- my time. retary of the Interior, consisting of— Ms. BORDALLO. Mr. Speaker, I yield Tribe over the last 4 years and I want to thank ‘‘(i) the segment from Saxton Falls to the myself such time as I may consume. them for their part in helping to make this bill Route 46 bridge (approximately 3.5 miles), as (Ms. BORDALLO asked and was possible. a scenic river; and given permission to revise and extend With that, Mr. Speaker, I urge my col- ‘‘(ii) the segment from the Kings Highway her remarks.) leagues to support H.R. 854. bridge to the railroad tunnels at

VerDate Aug 31 2005 02:06 Jul 25, 2006 Jkt 049060 PO 00000 Frm 00014 Fmt 4634 Sfmt 0634 E:\CR\FM\A24JY7.006 H24JYPT1 jcorcoran on PROD1PC62 with HOUSE July 24, 2006 CONGRESSIONAL RECORD — HOUSE H5583 Musconetcong Gorge (approximately 20.7 (1) FINDING.—Congress finds that the sections have been included in H.R. miles), as a recreational river. Musconetcong River segment ‘‘C’’, as de- 1307. I would urge my colleagues to ‘‘(B) Notwithstanding section 10(c), the scribed in the management plan, is suitable support H.R. 1307. river segments referred to in subparagraph for designation as a recreational river pursu- Mr. Speaker, I reserve the balance of (A) shall not be administered as part of the ant to this subsection if the Secretary deter- National Park System.’’. mines that there is adequate local support my time. (b) MANAGEMENT OF SEGMENTS.— for the designation. Ms. BORDALLO. Mr. Speaker, I yield (1) COMPLIANCE WITH MANAGEMENT PLAN.— (2) DESIGNATION AND ADMINISTRATION.—If myself such time as I may consume. The Secretary of the Interior shall manage the Secretary determines that there is ade- (Ms. BORDALLO asked and was the segments of the Musconetcong River, quate local support for designating the addi- given permission to revise and extend New Jersey, designated as a scenic river or tional river segment as a recreational river— her remarks.) recreational river by the amendment made (A) the Secretary shall publish in the Fed- Ms. BORDALLO. Mr. Speaker, the by subsection (a) in accordance with the eral Register a notice of the designation of river management plan entitled majority has already explained the the segment; purpose of H.R. 1307, which was intro- ‘‘Musconetcong River Management Plan’’ (B) the segment shall thereby be des- and dated April 2002, prepared by the ignated as a recreational river in accordance duced by the gentleman from New Jer- Musconetcong River Management Com- with the Wild and Scenic Rivers Act (16 sey, Representative SCOTT GARRETT. mittee, the National Park Service, the Herit- U.S.C. 1271 et seq.); and We support H.R. 1307, and have no ob- age Conservancy, and the Musconetcong Wa- (C) the Secretary shall administer the ad- jection to the adoption of the legisla- tershed Association, which establishes goals ditional river segment as a recreational tion by the House today. and actions that will ensure long-term pro- river. Mr. Speaker, I reserve the balance of tection of the outstanding values of the river (3) CRITERIA FOR LOCAL SUPPORT.—In deter- my time. segments and compatible management of mining whether there is adequate local sup- land and water resources associated with the Mr. WALDEN of Oregon. Mr. Speak- port for the designation of the additional er, it is now my honor and privilege to river segments. river segment, the Secretary shall consider, (2) COOPERATION.—The Secretary shall among other things, the preferences of local yield such time as he may consume to manage the river segments in cooperation governments expressed in resolutions con- the gentleman from New Jersey (Mr. with appropriate Federal, State, regional, cerning designation of the segment. GARRETT), who has put an incredible and local agencies, including— (g) AUTHORIZATION OF APPROPRIATIONS.— amount of work into this legislation to (A) the Musconetcong River Management There are authorized to be appropriated such bring it forward and has been a dutiful Committee; funds as are necessary to carry out this sec- and diligent lawmaker in that respect. (B) the Musconetcong Watershed Associa- tion, including the amendment to the Wild Mr. GARRETT of New Jersey. Mr. tion; and Scenic Rivers Act made by this section. (C) the Heritage Conservancy; (h) DEFINITIONS.—In this section: Speaker, I am proud to come to the (D) the National Park Service; and (1) ADDITIONAL RIVER SEGMENT.—The term floor today in support of our legisla- (E) the New Jersey Department of Environ- ‘‘additional river segment’’ means tion, H.R. 1307, the Musconetcong Wild mental Protection. Musconetcong River segment ‘‘C’’, as de- and Scenic Rivers Act. And I also com- (c) SATISFACTION OF REQUIREMENTS FOR scribed in the management plan, from mend the gentleman for his pronuncia- PLAN.—The management plan shall be con- Hughesville Mill to the Delaware River Con- tion of the Musconetcong River as well. sidered to satisfy the requirements for a fluence (approximately 4.3 miles). comprehensive management plan for the It is not an easy river to designate. (2) MANAGEMENT PLAN.—The term ‘‘man- I would also like to take this oppor- river segments under subsection 3(d) of the agement plan’’ means the river management Wild and Scenic Rivers Act (16 U.S.C. plan entitled ‘‘Musconetcong River Manage- tunity to thank the chairman, Chair- 1274(d)). ment Plan’’ and dated April 2002. man POMBO, and all of his staff from (d) FEDERAL ROLE.— (3) RIVER SEGMENTS.—The term ‘‘river seg- the Resources Committee for their help (1) RESTRICTIONS ON WATER RESOURCE ments’’ means the segments of the in bringing this bill forward. I appre- PROJECTS.—In determining under section 7(a) Musconetcong River, New Jersey, designated ciate all of their hard work and work- of the Wild and Scenic Rivers Act (16 U.S.C. as a scenic river or recreational river by the ing along with our offices to that end. 1278(a)) whether a proposed water resources amendment made by subsection (a) in ac- I would also like to extend my thanks project would have a direct and adverse ef- cordance with the management plan. as well to Majority Whip ROY BLUNT fect on the values for which a river segment (4) SECRETARY.—The term ‘‘Secretary’’ is designated as part of the Wild and Scenic means the Secretary of the Interior. and the majority staff, and also the Rivers System, the Secretary shall consider majority leader’s office and his staff as The SPEAKER pro tempore. Pursu- the extent to which the project is consistent well for helping us move things along ant to the rule, the gentleman from Or- with the management plan. and getting this legislation to the floor egon (Mr. WALDEN) and the gentle- (2) COOPERATIVE AGREEMENTS.—Any coop- today. woman from Guam (Ms. BORDALLO) erative agreements entered into under sec- The Musconetcong River is the larg- tion 10(e) of the Wild and Scenic Rivers Act each will control 20 minutes. (16 U.S.C. 1281(e)) relating to a river seg- The Chair recognizes the gentleman est New Jersey tributary to the Dela- ment— from Oregon. ware River, which we are all familiar (A) shall be consistent with the manage- Mr. WALDEN of Oregon. Mr. Speak- with. It is nestled in the heart of the ment plan; and er, I yield myself such time as I may New Jersey Highlands, and it contains (B) may include provisions for financial or consume. a remarkably diverse array of natural other assistance from the United States to H.R. 1307 introduced by Congressman and cultural resources. There are over facilitate the long-term protection, con- SCOTT GARRETT of New Jersey des- 20 streams along the river, and they servation, and enhancement of the river seg- support wild trout populations and oth- ment. ignates two segments of the ers. Residents can also enjoy the won- (3) SUPPORT FOR IMPLEMENTATION.—The Musconetcong River, totaling 24.2 Secretary may provide technical assistance, miles, as a component of the National derful scenic views and plants and ani- staff support, and funding to assist in the Wild and Scenic Rivers System. mal life that are now rare in other implementation of the management plan. In 1992, residents of the Lower parts of New Jersey. The limestone ge- (e) LAND MANAGEMENT.— Musconetcong River Valley formed a ological features present in the (1) IN GENERAL.—The Secretary may pro- not-for-profit organization committed Musconetcong River corridor are vide planning, financial, and technical as- to protecting the river. In 1995, the New unique in the State of New Jersey. And sistance to local municipalities and non- profit organizations to assist in the imple- Jersey Department of Environmental the steep slopes and the forested re- mentation of actions to protect the natural Protection recommended to the Na- gions in the upper segments of the and historic resources of the river segments. tional Park Service that the river be river corridor contrast with the his- (2) PLAN REQUIREMENTS.—After adoption of included in the nationwide rivers in- toric villages, the pastures, and the recommendations made in section IV of the ventory of candidate rivers for wild and rolling agricultural lands that are in management plan, the zoning ordinances of scenic designation. Two years later, 18 the middle and lower end of the valley. the municipalities bordering the segments river municipalities requested that the Since the early 1990s, the residents of shall be considered to satisfy the standards Park Service study the river for its the river valley have been organizing, and requirements under section 6(c) of the suitability for inclusion in the Na- coming together to protect this cher- Wild and Scenic Rivers Act (16 U.S.C. 1277(c)). tional Wild and Scenic Rivers System. ished natural treasure, and so the bill (f) DESIGNATION OF ADDITIONAL RIVER SEG- In June of 2004, the Park Service found before us today represents the works of MENT.— portions of the river suitable, and these many individuals over a 15-year period.

VerDate Aug 31 2005 02:06 Jul 25, 2006 Jkt 049060 PO 00000 Frm 00015 Fmt 4634 Sfmt 0634 E:\CR\FM\A24JY7.007 H24JYPT1 jcorcoran on PROD1PC62 with HOUSE H5584 CONGRESSIONAL RECORD — HOUSE July 24, 2006 So I would like to take this moment the rules were suspended and the bill, There was no objection. to especially thank a couple of those as amended, was passed. Mr. WALDEN of Oregon. Mr. Speak- individuals. I would like to thank A motion to reconsider was laid on er, I yield myself such time as I may Susan Dickey, who is chairwoman of the table. consume. the Musconetcong Advisory Com- f I am pleased to support H.R. 4947, in- mittee; and also Beth Styler Barry, she troduced by our colleague, Congress- is the executive director of the CAHABA RIVER NATIONAL WILD- man SPENCER BACHUS, to expand the Musconetcong Watershed Association, LIFE REFUGE EXPANSION ACT boundaries of the Cahaba River Na- for both of their tireless working in Mr. WALDEN of Oregon. Mr. Speak- tional Wildlife Refuge in Bibb County, constructing this legislation and lob- er, I move to suspend the rules and Alabama. This refuge was legislatively bying to help to get it along its way. pass the bill (H.R. 4947) to expand the created in 2000, and it has done a re- This bill does enjoy broad bipartisan boundaries of the Cahaba River Na- markable job of conserving 64 rare and support of all the entire New Jersey tional Wildlife Refuge, and for other imperiled species and 131 species of congressional delegation, 18 munici- purposes, as amended. fish. The Cahaba River is the longest palities along the river, and also the The Clerk read as follows: free-flowing river in the State, and it National Park Service. Now, New Jer- H.R. 4947 may have the greatest fish biodiversity per mile of any river in the United sey already is the most densely popu- SECTION 1. SHORT TITLE. lated State in the country, featuring This Act may be cited as the ‘‘Cahaba River States. growing exurbs which continue to put National Wildlife Refuge Expansion Act’’. Under Congressman SPENCER BACH- US’s legislation, an additional 3,600 pressure on the remaining very small SEC. 2. DEFINITIONS. wild spaces in New Jersey. While this In this Act: acres would become eligible for acqui- legislation will not freeze development (1) REFUGE.—The term ‘‘Refuge’’ means the sition. This would help to maximize in that area, it will work to preserve Cahaba River National Wildlife Refuge and the the benefits of this refuge and ensure the existing character of the river, a lands and waters in such refuge in Bibb County, that unique plants like the beautiful character of true beauty and rec- Alabama, as established by the Cahaba River Cahaba lily and the more than 60 other reational enjoyment. National Wildlife Refuge Establishment Act rare species survive in the future. The Musconetcong River Manage- (Public Law 106–331). Mr. Speaker, H.R. 4947 proposes a ment Plan called for in this legislation (2) SECRETARY.—The term ‘‘Secretary’’ means modest increase in the size of the the Secretary of the Interior. was developed cooperatively, and it Cahaba River Refuge. It is enthusiasti- SEC. 3. EXPANSION OF BOUNDARIES. calls for a management framework cally supported by the local commu- (a) EXPANSION.—The boundaries of the Refuge that acknowledges the importance and are expanded to include land and water in Bibb nities and the two major land owners. preferences for local leadership and the County, Alabama, depicted as ‘‘Proposed Na- U.S. Steel and Forest Investment Asso- additional preferences and protections tional Wildlife Refuge Expansion Boundary’’ on ciates have indicated that they are in- afforded by a national wild and scenic the map entitled ‘‘Cahaba River NWR Expan- terested in being willing sellers in this river designation. A key principle of sion’’ and dated March 14, 2006. expansion effort. the management framework as pro- (b) AVAILABILITY OF MAP.—The Secretary I want to compliment Congressman posed in this plan is the existing insti- shall make the map referred to in subsection (a) SPENCER BACHUS for his tireless effort tutions which will continue to play a available for inspection in appropriate offices of and effective leadership on behalf of the United States Fish and Wildlife Service. primary role in the long-term protec- the Cahaba River National Wildlife SEC. 4. ACQUISITION OF LAND AND WATER IN EX- Refuge, which is a very special place in tion of the Musconetcong River. PANDED BOUNDARIES. Again, I would like to thank the gen- (a) IN GENERAL.—Subject to subsection (b), rural Alabama; and I would urge an tleman; I would like to thank the the Secretary may acquire by donation, pur- ‘‘aye’’ vote on this legislation. chairman for his support and the chase with donated or appropriated funds, or Mr. Speaker, I reserve the balance of Speaker for bringing this bill to a vote. exchange the land and water, and interests in my time. H.R. 1307 will ensure that the residents land and water (including conservation ease- Ms. BORDALLO. Mr. Speaker, I yield of New Jersey can continue to enjoy ments), within the boundaries of the Refuge as myself such time as I may consume. the Musconetcong River for its hiking, expanded by this Act. (Ms. BORDALLO asked and was its canoeing, and fishing along into the (b) MANNER OF ACQUISITION.—All acquisitions given permission to revise and extend future. And I also would like to invite of land or waters under this section shall be her remarks.) made in a voluntary manner and shall not be the chairman, for his next backpack Ms. BORDALLO. Mr. Speaker, we the result of forced takings. support this legislation that would au- trip that he makes, to come and join us (c) INCLUSION IN REFUGE; ADMINISTRATION.— along the Musconetcong River in New Any land, water, or interest acquired by the thorize the 3,600-acre expansion of the Jersey. Secretary under this section— Cahaba River National Wildlife Refuge Mr. WALDEN of Oregon. I would like (1) shall be part of the Refuge; and located in Alabama. Witness testimony to thank the gentleman from New Jer- (2) shall be administered by the Secretary in received during the May 10, 2006, Fish- sey. I would look forward to that op- accordance with— eries Subcommittee hearing on the bill portunity to come see this river that (A) the National Wildlife Refuge System Ad- demonstrated that the expansion of you have spoken so highly of and have ministration Act of 1966 (16 U.S.C. 668dd et this refuge is essential towards ensur- seq.); now sought to protect in this very spe- (B) the Cahaba River National Wildlife Ref- ing the long-term protection of threat- cial way. We appreciate again your uge Establishment Act; and ened forested bottom-land habitat and diligence in this effort in bringing this (C) this Act. preservation of the river’s unrivaled bill forward. The SPEAKER pro tempore. Pursu- aquatic biodiversity. Ms. BORDALLO. Mr. Speaker, I have Mr. Speaker, I urge Members to sup- ant to the rule, the gentleman from Or- no further speakers, we support the port this worthy bill. egon (Mr. WALDEN) and the gentle- measure, and I yield back the balance Mr. Speaker, I yield back the balance woman from Guam (Ms. BORDALLO) of my time. of my time. Mr. WALDEN of Oregon. Mr. Speak- each will control 20 minutes. Mr. WALDEN of Oregon. Mr. Speak- er, indeed we have no further speakers, The Chair recognizes the gentleman er, I yield back the balance of my time and I would yield back the balance of from Oregon. and encourage our Members to support my time and encourage an ‘‘aye’’ vote GENERAL LEAVE this very important legislation brought on this measure. Mr. WALDEN of Oregon. Mr. Speak- to us by SPENCER BACHUS. The SPEAKER pro tempore. The er, I ask unanimous consent that all The SPEAKER pro tempore. The question is on the motion offered by Members may have 5 legislative days question is on the motion offered by the gentleman from Oregon (Mr. WAL- to revise and extend their remarks and the gentleman from Oregon (Mr. WAL- DEN) that the House suspend the rules include extraneous material on the bill DEN) that the House suspend the rules and pass the bill, H.R. 1307, as amend- under consideration. and pass the bill, H.R. 4947, as amend- ed. The SPEAKER pro tempore. Is there ed. The question was taken; and (two- objection to the request of the gen- The question was taken; and (two- thirds having voted in favor thereof) tleman from Oregon? thirds having voted in favor thereof)

VerDate Aug 31 2005 02:06 Jul 25, 2006 Jkt 049060 PO 00000 Frm 00016 Fmt 4634 Sfmt 0634 E:\CR\FM\K24JY7.014 H24JYPT1 jcorcoran on PROD1PC62 with HOUSE July 24, 2006 CONGRESSIONAL RECORD — HOUSE H5585 the rules were suspended and the bill, dier General Marion’s contributions. Such a eral; however, there is very little rec- as amended, was passed. South Carolina hero deserves to be given the ognition of the man himself at the A motion to reconsider was laid on proper recognition. park. The Marion Park Project was es- (b) AUTHORITY TO ESTABLISH COMMEMORA- the table. tablished in partnership with the non- TIVE WORK.—The Marion Park Project, a com- f mittee of the Palmetto Conservation Founda- profit Palmetto Conservation Founda- tion, may establish a commemorative work on tion with the goal of placing a monu- AUTHORIZING ESTABLISHMENT OF Federal land in the District of Columbia and its ment to General Marion at the park. COMMEMORATIVE WORK TO environs to honor Brigadier General Francis The group has coordinated this effort HONOR BRIGADIER GENERAL Marion and his service. with the National Park Service and is FRANCIS MARION (c) COMPLIANCE WITH STANDARDS FOR COM- now seeking authorization from Con- MEMORATIVE WORKS.—The commemorative work gress so the project may move forward. Mr. WALDEN of Oregon. Mr. Speak- authorized by subsection (b) shall be established er, I move to suspend the rules and in accordance with chapter 89 of title 40, United No Federal funds will be authorized for pass the bill (H.R. 5057) to authorize States Code (commonly known as the Commemo- the establishment of the commemora- the Marion Park Project and Com- rative Works Act). tive work, and the Marion Park mittee of the Palmetto Conservation (d) USE OF FEDERAL FUNDS PROHIBITED.— Project will be responsible for raising Foundation to establish a commemora- Federal funds may not be used to pay any ex- the funds. tive work on Federal land in the Dis- pense of the establishment of the commemorative Finally, I would like to recognize the work authorized by subsection (b). The Marion work of our colleague, Congressman trict of Columbia, and its environs to Park Project, a committee of the Palmetto Con- WILSON, and the important contribu- honor Brigadier General Francis Mar- servation Foundation, shall be solely responsible ion, as amended. for acceptance of contributions for, and pay- tion of Congressman HENRY BROWN in The Clerk read as follows: ment of the expenses of, the establishment of bringing this legislation to this House H.R. 5057 that commemorative work. floor today, and I would urge my col- (e) DEPOSIT OF EXCESS FUNDS.—If, upon pay- Be it enacted by the Senate and House of Rep- leagues to support H.R. 5057. ment of all expenses of the establishment of the resentatives of the United States of America in Mr. Speaker, I reserve the balance of commemorative work authorized by subsection Congress assembled, my time. (b) (including the maintenance and preservation SECTION 1. COMMEMORATIVE WORK TO HONOR Ms. BORDALLO. Mr. Speaker, I yield amount provided for in section 8906(b) of title myself such time as I may consume. BRIGADIER GENERAL FRANCIS MAR- 40, United States Code), or upon expiration of ION AND HIS FAMILY. (Ms. BORDALLO asked and was the authority for the commemorative work (a) FINDINGS.—The Congress finds that: under chapter 89 of title 40, United States Code, given permission to revise and extend (1) Francis Marion was born in 1732 in St. there remains a balance of funds received for her remarks.) John’s Parish, Berkeley County, South Caro- the establishment of that commemorative work, Ms. BORDALLO. General Francis lina. He married Mary Esther Videau on April the Marion Park Project, a committee of the Marion, also known as The Swamp 20th, 1786. Francis and Mary Esther Marion Palmetto Conservation Foundation, shall trans- had no children, but raised a son of a relative Fox, was a pivotal figure in the Amer- mit the amount of the balance to the Secretary as their own, and gave the child Francis ican Revolutionary War and is deserv- of the Treasury for deposit in the account pro- Marion’s name. ing of commemoration here in our Na- vided for in section 8906(b)(1) of such title. (2) Brigadier General Marion commanded the tion’s capital. (f) DEFINITIONS.—For the purposes of this sec- Williamsburg Militia Revolutionary force in tion, the terms ‘‘commemorative work’’ and ‘‘the No Federal funds will be used for this South Carolina and was instrumental in delay- District of Columbia and its environs’’ have the memorial project; and the design, the ing the advance of British forces by leading his meanings given to such terms in section 8902(a) construction, and the maintenance will troops in disrupting supply lines. of title 40, United States Code. proceed pursuant to the Commemora- (3) Brigadier General Marion’s tactics, which The SPEAKER pro tempore. Pursu- tive Works Act. Furthermore, while were unheard of in rules of warfare at the time, included lightning raids on British convoys, ant to the rule, the gentleman from Or- this memorial will be authorized for after which he and his forces would retreat into egon (Mr. WALDEN) and the gentle- placement at a site here in Wash- the swamps to avoid capture. British Lieutenant woman from Guam (Ms. BORDALLO) ington, DC, it will not be on the Na- Colonel Tarleton stated that ‘‘as for this each will control 20 minutes. tional Mall. damned old swamp fox, the devil himself could The Chair recognizes the gentleman We support passage of H.R. 5057. The not catch him’’. Thus, the legend of the from Oregon. bill was introduced by my good friend ‘‘Swamp Fox’’ was born. GENERAL LEAVE from South Carolina, Congressman JOE (4) His victory at the Battle of Eutaw Springs WILSON. in September of 1781 was officially recognized by Mr. WALDEN of Oregon. Mr. Speak- Congress. er, I ask unanimous consent that all Mr. WILSON of South Carolina. Mr. Speak- (5) Brigadier General Marion’s troops are be- Members may have 5 legislative days er, I rise today as a supporter and chief spon- lieved to be the first racially integrated force to revise and extend their remarks and sor of H.R. 5057, the ‘‘Brigadier General fighting for the United States, as his band was include extraneous material on the bill Francis Marion Memorial Act.’’ General Mar- a mix of Whites, Blacks, both free and slave, under consideration. ion, more commonly known as The Swamp and Native Americans. The SPEAKER pro tempore. Is there Fox, was a renowned patriot who represented (6) As a statesman, he represented his parish objection to the request of the gen- my State of South Carolina and our fledgling in the South Carolina senate as well as his State Nation well with his brave service in the Revo- at the Constitutional Convention. tleman from Oregon? (7) Although the Congress has authorized the There was no objection. lutionary War. As a South Carolinian, I am establishment of commemorative works on Fed- Mr. WALDEN of Oregon. Mr. Speak- proud his legacy has been honored with a me- eral lands in the District of Columbia honoring er, I yield myself such time as I may morial park here in Washington. This particu- such celebrated Americans as George Wash- consume. larly is meaningful to me as General Marion ington, Thomas Jefferson, and Abraham Lin- H.R. 5057 introduced by Congressman and I share the heritage of French Hugenots coln, the National Capital has no comparable JOE WILSON of South Carolina would who have contributed so much to American memorial to Brigadier General Francis Marion authorize the Marion Park Project to history. I am grateful that a statue of the for his bravery and leadership during the Revo- establish a commemorative work on Swamp Fox will be erected on its premises as lutionary War, without which the United States would not exist. Federal land in the District of Colum- an inspiration for our citizens. Passage of this (8) Brigadier General Marion’s legacy must bia to honor Brigadier General Francis bill is a crucial first step in making this dream live on. At present, and since 1878, United States Marion. General Francis Marion, a reality. Reservation 18 has been officially referred to as known as The Swamp Fox, was a Revo- I would specifically like to thank Ken Marion Park. Located between 4th and 6th lutionary War officer from South Caro- Driggers and Nancy Stone-Collum of the Pal- Streets, S.E., at the intersection of E Street and lina. He led a band of irregular fighters metto Conservation Foundation, which serves South Carolina Avenue, S.E., in Washington, in the back- and low-country swamps as a conduit for the fundraising part of this DC, the park lacks a formal commemoration to of South Carolina to fight the British process. Additionally, I would like to thank the this South Carolina hero who was important to the initiation of the Nation’s heritage. troops under Lord Cornwallis. He is South Carolina Humanities Council for sup- (9) The time has come to correct this oversight generally credited as the father of gue- porting John McCabe, the enthusiastic his- so that future generations of Americans will rilla warfare. tories who originally had the vision to honor know and understand the preeminent historical Marion Park in the District of Co- the ‘‘Swamp Fox.’’ John created the Francis and lasting significance to the Nation of Briga- lumbia is named after the famous gen- Marion Park Project to assist in the fundraising

VerDate Aug 31 2005 02:06 Jul 25, 2006 Jkt 049060 PO 00000 Frm 00017 Fmt 4634 Sfmt 9920 E:\CR\FM\K24JY7.017 H24JYPT1 jcorcoran on PROD1PC62 with HOUSE H5586 CONGRESSIONAL RECORD — HOUSE July 24, 2006 and planning efforts, and I cannot be more NEWLANDS PROJECT HEAD- ing to, the District or any employee, agent, pleased with the progress that has taken QUARTERS AND MAINTENANCE or contractor of the District with respect to place. Also, the National Park Service de- YARD FACILITY TRANSFER ACT the real property conveyed under subsection (a) that occurs before, on, or after the date of serves recognition for their guidance through Mr. WALDEN of Oregon. Mr. Speak- the conveyance. this important process. er, I move to suspend the rules and The SPEAKER pro tempore. Pursu- The entire South Carolina delegation, as pass the Senate bill (S. 310) to direct ant to the rule, the gentleman from Or- well as Chairman RICHARD POMBO, have lent the Secretary of the Interior to convey egon (Mr. WALDEN) and the gentle- their support to this project. As such, I am the Newlands Project Headquarters and woman from Guam (Ms. BORDALLO) confident our efforts will be successful. Maintenance Yard Facility to the each will control 20 minutes. In conclusion, God bless our troops and we Truckee-Carson Irrigation District in The Chair recognizes the gentleman will never forget September 11. the State of Nevada. from Oregon. The Clerk read as follows: Mr. BROWN of South Carolina. Mr. Speak- GENERAL LEAVE S. 310 er, H.R. 5057 is an important bill for my con- Mr. WALDEN of Oregon. Mr. Speak- stituents in South Carolina’s First Congres- Be it enacted by the Senate and House of Rep- er, I ask unanimous consent that all resentatives of the United States of America in sional District. Members may have 5 legislative days Congress assembled, to revise and extend their remarks and General Francis Marion is an important part SECTION 1. SHORT TITLE. include extraneous material on the bill of the history of South Carolina and the na- This Act may be cited as the ‘‘Newlands under consideration. tional forest bearing his name is located within Project Headquarters and Maintenance Yard The SPEAKER pro tempore. Is there my Congressional District. Facility Transfer Act’’. objection to the request of the gen- Francis Marion commanded the only Revo- SEC. 2. DEFINITIONS. tleman from Oregon? In this Act: There was no objection. lutionary force in South Carolina and was in- (1) AGREEMENT.—The term ‘‘Agreement’’ strumental in delaying the advance of British means the memorandum of agreement be- b 1445 forces by leading his troops in disrupting sup- tween the District and the Secretary identi- Mr. WALDEN of Oregon. Mr. Speak- ply lines. General Marion’s tactics, which were fied as Contract No. 3–LC–20–805 and dated er, I yield myself such time as I may unheard of in rules of warfare at this time, June 9, 2003. consume. commanded lightening raids on British con- (2) DISTRICT.—The term ‘‘District’’ means the Truckee-Carson Irrigation District in the Senate 310, introduced by Senator voys, and then he and his forces would retreat JOHN ENSIGN, transfers 35 acres of Fed- into the swamps to avoid capture. British Gen- State of Nevada. (3) SECRETARY.—The term ‘‘Secretary’’ eral land to the Truckee-Carson Irriga- eral Tarleton stated that ‘‘as for this damned means the Secretary of the Interior. tion District. This transfer, which in- old swamp fox, the devil himself could not SEC. 3. CONVEYANCE OF NEWLANDS PROJECT cludes the Newlands Project Head- catch him.’’ Thus, the legend of the ‘‘Swamp HEADQUARTERS AND MAINTENANCE quarters and Maintenance Yard Facil- Fox’’ was born. His victory at the Battle of YARD FACILITY. ity, will allow the irrigation district to Eutaw Springs in September of 1771 was offi- (a) CONVEYANCE.— make permanent improvements on the cially recognized by Congress. (1) IN GENERAL.—As soon as practicable after the date of enactment of this Act and property for the continued operations H.R. 5057 seeks to authorize the Marion in accordance with the Agreement and any and maintenance of the facility. The Park Project and the Committee of the Pal- applicable laws, the Secretary shall convey bill also stipulates that environmental metto Conservation Foundation to establish a to the District all right, title, and interest of analyses, including those under the Na- statue of General Francis Marion on Federal the United States in and to the real property tional Environmental Policy Act, must land in the District of Columbia in Marion Park described in paragraph (2). be completed prior to transfer. at no Federal Government expense. (2) DESCRIPTION OF PROPERTY.—The real Congressman JIM GIBBONS is the au- property referred to in paragraph (1) is the I was proud to work with Resources Chair- thor of the House companion measure, real property within the Newlands Projects, H.R. 540, which passed the House of man POMBO and National Parks Subcommittee Nevada, that is— Representatives in May of 2005. He Chairman PEARCE to assist in the passage of (A) known as ‘‘2666 Harrigan Road, Fallon, this bill through the committee not only for my Nevada’’; and should be commended for his work and constituents in South Carolina’s First District (B) identified for disposition on the map leadership on this issue. This legisla- tion is a win for the local water users but for all South Carolinians. entitled ‘‘Newlands Project Headquarters and Maintenance Yard Facility’’. and a win for the American taxpayers. I urge all of my colleagues to support H.R. (b) CONSIDERATION.—Notwithstanding any I urge my colleagues to support this 5057. other provision of law, amounts received by commonsense bill. Ms. BORDALLO. Mr. Speaker, I yield the United States for the lease or sale of Mr. Speaker, I reserve the balance of back the balance of my time. Newlands Project land comprising the Fallon my time. Freight Yard shall, for purposes of this sec- Ms. BORDALLO. Mr. Speaker, I yield Mr. WALDEN of Oregon. Mr. Speak- tion, be treated as consideration for the real myself such time as I may consume. er, I yield back the balance of my time property conveyed under subsection (a). (Ms. BORDALLO asked and was (c) REPORT.—If the Secretary has not com- and encourage my colleagues to sup- given permission to revise and extend port this legislation. pleted the conveyance under subsection (a) within 1 year after the date of enactment of her remarks.) The SPEAKER pro tempore. The this Act, the Secretary shall submit to Con- Ms. BORDALLO. Mr. Speaker, we on question is on the motion offered by gress a report that— this side of the aisle have no objection the gentleman from Oregon (Mr. WAL- (1) explains the reasons why the convey- to passage of S. 310. This simple and DEN) that the House suspend the rules ance has not been completed; and noncontroversial transfer of a small and pass the bill, H.R. 5057, as amend- (2) specifies the date by which the convey- amount of real property has been ade- ed. ance will be completed. quately explained by the majority, and, (d) ENVIRONMENTAL REVIEW, REMEDIATION, in fact, this is the second time this The question was taken; and (two- AND REMOVAL.—In accordance with the thirds having voted in favor thereof) Agreement, the Secretary may not convey measure has come before the House. the rules were suspended and the bill, the real property under subsection (a) until— Mr. Speaker, I yield back the balance as amended, was passed. (1) the National Environmental Policy Act of my time. of 1969 (42 U.S.C. 4321 et seq.) and any appli- Mr. WALDEN of Oregon. Mr. Speak- The title of the bill was amended so cable requirements relating to cultural re- er, despite the overwhelming enthusi- as to read: ‘‘A bill to authorize the sources have been complied with for the real astic support for this legislation, we Marion Park Project, a committee of property to be conveyed under subsection have no other speakers at this time, the Palmetto Conservation Founda- (a); and and I yield back the balance of my tion, to establish a commemorative (2) any required environmental site assess- time. work on Federal land in the District of ment, remediation, or removal has been The SPEAKER pro tempore. The completed with respect to the real property Columbia, and its environs to honor question is on the motion offered by Brigadier General Francis Marion.’’. to be conveyed under subsection (a). (e) LIABILITY.—The United States shall not the gentleman from Oregon (Mr. WAL- A motion to reconsider was laid on be liable for damages of any kind arising out DEN) that the House suspend the rules the table. of any act, omission by, or occurrence relat- and pass the Senate bill, S. 310.

VerDate Aug 31 2005 02:06 Jul 25, 2006 Jkt 049060 PO 00000 Frm 00018 Fmt 4634 Sfmt 0634 E:\CR\FM\A24JY7.027 H24JYPT1 jcorcoran on PROD1PC62 with HOUSE July 24, 2006 CONGRESSIONAL RECORD — HOUSE H5587 The question was taken; and (two- (2) supports the efforts of the Negro (Ms. BORDALLO asked and was thirds having voted in favor thereof) Leagues Baseball Museum to recognize and given permission to revise and extend the rules were suspended and the Sen- preserve the history of the Negro Leagues her remarks.) ate bill was passed. and the impact of segregation on our Nation; Ms. BORDALLO. Mr. Speaker, the (3) recognizes that the continued collec- A motion to reconsider was laid on tion, preservation, and interpretation of the fact that the Negro Leagues ever ex- the table. historical objects and other historical mate- isted in this country is a painful re- f rials held by the Negro Leagues Baseball Mu- minder of the dark days of legalized seum enhances our knowledge and under- racism through segregation. However, DESIGNATING THE NEGRO standing of the experience of African Ameri- the success of those leagues, the inno- LEAGUES BASEBALL MUSEUM IN cans during legal segregation; vations begun in those leagues and the KANSAS CITY, MISSOURI, AS (4) commends the ongoing development stars who played in those leagues are AMERICA’S NATIONAL NEGRO and visibility of the ‘‘Power Alley’’ edu- sources of great pride and inspiration. LEAGUES BASEBALL MUSEUM cational outreach program for teachers and National recognition for the Negro students throughout the Nation sponsored by Mr. WALDEN of Oregon. Mr. Speak- the Negro Leagues Baseball Museum; Leagues Baseball Museum in Kansas er, I move to suspend the rules and (5) asks all Americans to join in cele- City, Missouri, is a fitting tribute to concur in the Senate concurrent reso- brating the Negro Leagues Baseball Museum those who were involved in the Negro lution (S. Con. Res. 60) designating the and its mission of preserving and inter- leagues and to the great work the mu- Negro Leagues Baseball Museum in preting the legacy of the Negro Leagues; and seum is doing to preserve this impor- Kansas City, Missouri, as America’s (6) encourages present and future genera- tant chapter in the story of America. National Negro Leagues Baseball Mu- tions to understand the sensitive issues sur- Furthermore, Mr. Speaker, Rep- rounding the Negro Leagues, how they seum. resentative EMANUEL CLEAVER is to be helped shape our Nation and Major League commended as the sponsor of the House The Clerk read as follows: Baseball, and how the sacrifices made by S. CON. RES. 60 Negro League players helped make baseball companion to this resolution. Rep- resentative CLEAVER’s tireless efforts Whereas the Negro Leagues Baseball Mu- America’s national pastime. seum in Kansas City, Missouri, was founded The SPEAKER pro tempore. Pursu- on behalf of this legislation were cru- in 1990, in honor of those individuals who ant to the rule, the gentleman from Or- cial in bringing this measure before the played in the Negro Baseball Leagues as a re- egon (Mr. WALDEN) and the gentle- House today. sult of segregation in America; woman from Guam (Ms. BORDALLO) We support passage of Senate Con- Whereas the Negro Leagues Baseball Mu- each will control 20 minutes. current Resolution 60. seum is the only public museum in the Na- The Chair recognizes the gentleman Mr. Speaker, I yield back the balance tion that exists for the exclusive purpose of of my time. interpreting the experiences of the players in from Oregon. GENERAL LEAVE Mr. WALDEN of Oregon. Mr. Speak- the Negro Leagues from 1920 through 1970; er, I encourage that our Members sup- Whereas the Negro Leagues Baseball Mu- Mr. WALDEN of Oregon. Mr. Speak- seum project began in the 1980s, through a er, I ask unanimous consent that all port this legislation, and I yield back large scale, grass roots, civic and fundraising Members may have 5 legislative days the balance of my time. effort by citizens and baseball fans in the to revise and extend their remarks and The SPEAKER pro tempore. The Kansas City metropolitan area; include extraneous material on the bill question is on the motion offered by Whereas the first Negro Leagues Baseball under consideration. the gentleman from Oregon (Mr. WAL- Museum was located at 1615 East 18th Street The SPEAKER pro tempore. Is there DEN) that the House suspend the rules in the historic ‘‘18th and Vine District’’, objection to the request of the gen- and concur in the Senate concurrent which was designated by the city of Kansas tleman from Oregon? resolution, S. Con. Res. 60. City, Missouri, in 1988 as historic in nature The question was taken; and (two- and the birthplace of the Negro Leagues; There was no objection. Whereas the current Negro Leagues Base- Mr. WALDEN of Oregon. Mr. Speak- thirds having voted in favor thereof) ball Museum was opened at 1616 East 18th er, I yield myself such time as I may the rules were suspended and the Sen- Street in 1997, with a dramatic expansion of consume. ate concurrent resolution was con- core exhibition and gallery space and over Senate Concurrent Resolution 60, in- curred in. 10,000 square feet of new interpretive and troduced by Senator TALENT, would A motion to reconsider was laid on educational exhibits; designate the Negro Leagues Baseball the table. Whereas the Negro Leagues Baseball Mu- Museum in Kansas City, Missouri, as f seum continues to receive strong support America’s National Negro Leagues from the residents of the Kansas City metro- Baseball Museum. ELECTRONIC DUCK STAMP ACT OF politan area and annually entertains over Because of racism and segregation 2005 60,000 visitors from all 50 States, and numer- laws that barred African Americans ous foreign countries; Mr. WALDEN of Oregon. Mr. Speak- Whereas there remains a need to preserve from playing baseball on major league er, I move to suspend the rules and the evidence of honor, courage, sacrifice, and teams in the first half of the 20th cen- pass the Senate bill (S. 1496) to direct triumph in the face of segregation of those tury, black baseball players were the Secretary of the Interior to con- African Americans who played in the Negro forced to form their own teams and the duct a pilot program under which up to Leagues; first Negro baseball league. Between 15 States may issue electronic Federal Whereas the Negro Leagues Baseball Mu- 1920 and 1955, more than 70 teams migratory bird hunting stamps. seum seeks to educate a diverse audience played in these leagues. However, by The Clerk read as follows: through its comprehensive collection of his- the early 1960s, attendance dropped at S. 1496 torical materials, important artifacts, and Negro league games, and the last of the oral histories of the participants in the Be it enacted by the Senate and House of Rep- Negro Leagues and the impact that segrega- Negro league teams went out of busi- resentatives of the United States of America in tion played in the lives of these individuals ness. Then, in 1990, the Negro Leagues Congress assembled, and their fans; and Baseball Museum was established in SECTION 1. SHORT TITLE. Whereas a great opportunity exists to use Kansas City, Missouri, to preserve and This Act may be cited as the ‘‘Electronic the invaluable resources of the Negro interpret the history of the Negro Duck Stamp Act of 2005’’. Leagues Baseball Museum to teach the Na- leagues. SEC. 2. FINDINGS. tion’s school children, through on-site visits, Although the National Baseball Hall Congress finds that— traveling exhibits, classroom curriculum, of Fame recognizes the achievements (1) on March 16, 1934, Congress passed and distance learning, and other educational ini- of baseball’s greatest players of all President Roosevelt signed the Act of March tiatives: Now, therefore, be it races, the Negro Leagues Museum tells 16, 1934 (16 U.S.C. 718a et seq.) (popularly Resolved by the Senate (the House of Rep- known as the ‘‘Duck Stamp Act’’), which re- resentatives concurring), That Congress— the story of the black athletes who quires all migratory waterfowl hunters 16 (1) designates the Negro Leagues Baseball built a successful baseball league. years of age or older to buy a Federal migra- Museum in Kansas City, Missouri, including I urge adoption of the resolution. tory bird hunting and conservation stamp the museums future and expanded exhibits, Mr. Speaker, I reserve the balance of annually; collections library, archives, artifacts and my time. (2) the Federal Duck Stamp program has education programs as ‘‘America’s National Ms. BORDALLO. Mr. Speaker, I yield become one of the most popular and success- Negro Leagues Baseball Museum’’; myself such time as I may consume. ful conservation programs ever initiated;

VerDate Aug 31 2005 02:06 Jul 25, 2006 Jkt 049060 PO 00000 Frm 00019 Fmt 4634 Sfmt 0634 E:\CR\FM\K24JY7.022 H24JYPT1 jcorcoran on PROD1PC62 with HOUSE H5588 CONGRESSIONAL RECORD — HOUSE July 24, 2006 (3) because of that program, the United (2) a description of any fee the State will State hunting license as a condition of States again is teeming with migratory wa- charge for issuance of an electronic stamp; issuing an electronic stamp under the pilot terfowl and other wildlife that benefit from (3) a description of the process the State program. wetland habitats; will use to account for and transfer to the SEC. 7. ELECTRONIC STAMP REQUIREMENTS; (4) as of the date of enactment of this Act, Secretary the amounts collected by the RECOGNITION OF ELECTRONIC 1,700,000 migratory bird hunting and con- State that are required to be transferred to STAMP. servation stamps are sold each year; the Secretary under the program; (a) STAMP REQUIREMENTS.—The Secretary (5) as of 2003, those stamps have generated (4) the manner by which the State will shall require an electronic stamp issued by a more than $600,000,000 in revenue that has transmit electronic stamp customer data to State under the pilot program— been used to preserve more than 5,000,000 the Secretary; (1) to have the same format as any other li- acres of migratory waterfowl habitat in the (5) the manner by which actual stamps will cense, validation, or privilege the State United States; and be delivered; issues under the automated licensing system (6) many of the more than 540 national (6) the policies and procedures under which of the State; and wildlife refuges have been paid for wholly or the State will issue duplicate electronic (2) to specify identifying features of the li- partially with that revenue. stamps; and censee that are adequate to enable Federal, SEC. 3. DEFINITIONS. (7) such other policies, procedures, and in- State, and other law enforcement officers to In this Act: formation as may be reasonably required by identify the holder. (1) ACTUAL STAMP.—The term ‘‘actual the Secretary. (b) RECOGNITION OF ELECTRONIC STAMP.— stamp’’ means a Federal migratory-bird (c) PUBLICATION OF DEADLINES, ELIGIBILITY Any electronic stamp issued by a State hunting and conservation stamp required REQUIREMENTS, AND SELECTION CRITERIA.— under the pilot program shall, during the ef- under the Act of March 16, 1934 (16 U.S.C. Not later than 30 days before the date on fective period of the electronic stamp— 718a et seq.) (popularly known as the ‘‘Duck which the Secretary begins accepting appli- (1) bestow upon the licensee the same Stamp Act’’), that is printed on paper and cations for participation in the pilot pro- privileges as are bestowed by an actual sold through a means in use immediately be- gram, the Secretary shall publish— stamp; fore the date of enactment of this Act. (1) deadlines for submission of applications (2) be recognized nationally as a valid Fed- (2) AUTOMATED LICENSING SYSTEM.— to participate in the program; eral migratory bird hunting and conserva- (A) IN GENERAL.—The term ‘‘automated li- (2) eligibility requirements for participa- tion stamp; and censing system’’ means an electronic, com- tion in the program; and (3) authorize the licensee to hunt migra- puterized licensing system used by a State (3) criteria for selecting States to partici- tory waterfowl in any other State, in accord- fish and wildlife agency to issue hunting, pate in the program. ance with the laws of the other State gov- fishing, and other associated licenses and SEC. 6. STATE OBLIGATIONS AND AUTHORITIES. erning that hunting. (c) DURATION.—An electronic stamp issued products. (a) DELIVERY OF ACTUAL STAMP.—The Sec- by a State under the pilot program shall be (B) INCLUSION.—The term ‘‘automated li- retary shall require that each individual to valid for a period agreed to by the State and censing system’’ includes a point-of-sale, whom a State sells an electronic stamp the Secretary, which shall not exceed 45 Internet, or telephonic system used for a under the pilot program shall receive an ac- days. purpose described in subparagraph (A). tual stamp— (3) ELECTRONIC STAMP.—The term ‘‘elec- (1) by not later than the date on which the SEC. 8. TERMINATION OF STATE PARTICIPATION. tronic stamp’’ means an electronic version of electronic stamp expires under section 7(c); Participation by a State in the pilot pro- an actual stamp that— and gram may be terminated— (A) is a unique identifier for the individual (2) in a manner agreed upon by the State (1) by the Secretary, if the Secretary— to whom it is issued; and Secretary. (A) finds that the State has violated any of the terms of the application of the State ap- (B) can be printed on paper; (b) COLLECTION AND TRANSFER OF ELEC- proved by the Secretary under section 5; and (C) is issued through a State automated li- TRONIC STAMP REVENUE AND CUSTOMER IN- (B) provides to the State written notice of censing system that is authorized, under FORMATION.— the termination by not later than the date State law and by the Secretary under this (1) REQUIREMENT TO TRANSMIT.—The Sec- Act, to issue electronic stamps; retary shall require each State participating that is 30 days before the date of termi- (D) is compatible with the hunting licens- in the pilot program to collect and submit to nation; or ing system of the State that issues the elec- the Secretary in accordance with this sec- (2) by the State, by providing written no- tronic stamp; and tion— tice to the Secretary by not later than the (E) is described in the State application (A) the first name, last name, and com- date that is 30 days before the termination approved by the Secretary under section 4(b). plete mailing address of each individual that date. (4) SECRETARY.—The term ‘‘Secretary’’ purchases an electronic stamp from the SEC. 9. EVALUATION. means the Secretary of the Interior. State; (a) EVALUATION.—The Secretary, in con- SEC. 4. ELECTRONIC DUCK STAMP PILOT PRO- (B) the face value amount of each elec- sultation with State fish and wildlife man- GRAM. tronic stamp sold by the State; and agement agencies and appropriate stake- (a) REQUIREMENT TO CONDUCT PROGRAM.— (C) the amount of the Federal portion of holders with expertise specific to the duck The Secretary shall conduct a 3-year pilot any fee required by the agreement for each stamp program, shall evaluate the pilot pro- program under which up to 15 States author- stamp sold. gram and determine whether the pilot pro- ized by the Secretary may issue electronic (2) TIME OF TRANSMITTAL.—The Secretary gram has provided a cost-effective and con- stamps. shall require the submission under paragraph venient means for issuing migratory-bird (b) COMMENCEMENT AND DURATION OF PRO- (1) to be made with respect to sales of elec- hunting and conservation stamps, including GRAM.—The Secretary shall— whether the program has— (1) use all means necessary to expedi- tronic stamps by a State occurring in a month— (1) increased the availability of those tiously implement this section by the date stamps; that is 1 year after the beginning of the first (A) by not later than the 15th day of the subsequent month; or (2) assisted States in meeting the customer full Federal migratory waterfowl hunting service objectives of the States with respect season after the date of enactment of this (B) as otherwise specified in the applica- tion of the State approved by the Secretary to those stamps; Act; and (3) maintained actual stamps as an effec- (2) carry out the pilot program for 3 Fed- under section 5. (3) ADDITIONAL FEES NOT AFFECTED.—This tive and viable conservation tool; and eral migratory waterfowl hunting seasons. (4) maintained adequate retail availability (c) CONSULTATION.—The Secretary shall section shall not apply to the State portion of the actual stamp. carry out the program in consultation with of any fee collected by a State under sub- (b) REPORT.—The Secretary shall submit to State management agencies. section (c). (c) ELECTRONIC STAMP ISSUANCE FEE.—A Congress a report on the findings of the Sec- SEC. 5. STATE APPLICATION. retary under subsection (a). (a) APPROVAL OF APPLICATION REQUIRED.— State participating in the pilot program may A State may not participate in the pilot pro- charge a reasonable fee to cover costs in- SEC. 10. TECHNICAL CORRECTIONS. gram under this Act unless the Secretary curred by the State and the Department of (a) PROHIBITION ON TAKING.—The first sec- has received and approved an application the Interior in issuing electronic stamps tion of the Act of March 16, 1934 (16 U.S.C. submitted by the State in accordance with under the program, including costs of deliv- 718a) is amended by striking ‘‘That no person this section. ery of actual stamps. who has attained the age of sixteen years’’ (b) CONTENTS OF APPLICATION.—The Sec- (d) DUPLICATE ELECTRONIC STAMPS.—A and all that follows through the end of the retary may not approve a State application State participating in the pilot program may section and inserting the following: unless the application contains— issue a duplicate electronic stamp to replace ‘‘SECTION 1. PROHIBITION ON TAKING. (1) a description of the format of the elec- an electronic stamp issued by the State that ‘‘(a) PROHIBITION.— tronic stamp that the State will issue under is lost or damaged. ‘‘(1) IN GENERAL.—Except as provided in the pilot program, including identifying fea- (e) LIMITATION ON AUTHORITY TO REQUIRE paragraph (2), no individual who has attained tures of the licensee that will be specified on PURCHASE OF STATE LICENSE.—A State may the age of 16 years shall take any migratory the stamp; not require that an individual purchase a waterfowl unless, at the time of the taking,

VerDate Aug 31 2005 02:06 Jul 25, 2006 Jkt 049060 PO 00000 Frm 00020 Fmt 4634 Sfmt 0634 E:\CR\FM\A24JY7.009 H24JYPT1 jcorcoran on PROD1PC62 with HOUSE July 24, 2006 CONGRESSIONAL RECORD — HOUSE H5589 the individual carries on the person of the ulations promulgated by the Secretary, shall (B) by inserting ‘‘(16 U.S.C. 715 et seq.)’’ individual a valid Migratory Bird Hunting provide for the redemption, on or before the after ‘‘Conservation Act’’; and Conservation Stamp, validated by the 30th day of June of each year, of unused (5) in subsection (b)(3) (as so redesig- signature of the individual written in ink stamps issued for the year under this Act nated)— across the face of the stamp prior to the that— (A) by striking ‘‘(3) The Secretary of the time of the taking by the individual of the ‘‘(i) were sold on consignment to any per- Interior is authorized to utilize funds made waterfowl. son authorized by the Secretary to sell available under subsection (b) of this section ‘‘(2) EXCEPTION.—No stamp described in stamps on consignment (including retail for the purposes of such subsection, and such paragraph (1) shall be required for the taking dealers for resale to customers); and other funds as may be appropriated for the of migratory waterfowl— ‘‘(ii) have not been resold by any such per- purposes of such subsection, or of this sub- ‘‘(A) by Federal or State agencies; son. section,’’ and inserting the following: ‘‘(B) for propagation; or ‘‘(6) PROHIBITION ON CERTAIN STAMP ‘‘(3) CONDITIONS ON USE OF FUNDS.—The ‘‘(C) by the resident owner, tenant, or SALES.—The Postal Service shall not— Secretary may use funds made available sharecropper of the property, or officially ‘‘(A) sell on consignment any stamps under paragraph (2) for the purposes of that designated agencies of the Department of the issued under this Act to any individual, busi- paragraph, and such other funds as may be Interior, for the killing, under such restric- ness, or organization; or appropriated for the purposes of that para- tions as the Secretary may by regulation ‘‘(B) redeem stamps issued under this Act graph or this paragraph,’’; and prescribe, of such waterfowl when found that are sold on consignment by the Sec- (B) in the second sentence— damaging crops or other property. retary (or any agent of the Secretary).’’. (i) by inserting ‘‘(16 U.S.C. 715 et seq.)’’ ‘‘(b) DISPLAY OF STAMP.—Any individual to (c) COST OF STAMPS.—Section 2(b) of the after ‘‘Conservation Act’’; and whom a stamp has been sold under this Act Act of March 16, 1934 (16 U.S.C. 718b(b)) is (ii) by striking ‘‘this subsection’’ and in- shall, upon request, display the stamp for in- amended— serting ‘‘this paragraph’’; spection to— (1) by striking ‘‘(b) The’’ and inserting the (6) by redesignating subsection (d) as sub- ‘‘(1) any officer or employee of the Depart- following: section (c); and ment of the Interior who is authorized to en- ‘‘(b) COST OF STAMPS.—The’’; (7) in subsection (c) (as so redesignated)— force this Act; or (2) by striking ‘‘Secretary of the Interior’’ (A) in paragraph (1)— ‘‘(2) any officer of any State or political and inserting ‘‘Secretary’’; (i) by striking ‘‘(1) The Secretary of the In- subdivision of a State authorized to enforce (3) by striking ‘‘migratory bird conserva- terior may utilize’’ and inserting the fol- State game laws. tion fund’’ and inserting ‘‘Migratory Bird lowing: ‘‘(c) OTHER LICENSES.—Nothing in this sec- Conservation Fund’’; and ‘‘(1) IN GENERAL.—The Secretary may use’’; tion requires any individual to affix the Mi- (4) in paragraph (2), by striking ‘‘For pur- and gratory Bird Hunting and Conservation poses’’ and all that follows through ‘‘of any (ii) by striking ‘‘migratory bird hunting Stamp to any other license prior to taking 1 such year.’’. and conservation stamps’’ and inserting ‘‘Mi- or more migratory waterfowl.’’. (d) AUTHORIZATION AND EXEMPTION.—Sec- gratory Bird Hunting and Conservation (b) SALES; FUND DISPOSITION; UNSOLD tion 3 of the Act of March 16, 1934 (16 U.S.C. Stamps’’; and STAMPS.—Section 2 of the Act of March 16, 718c) is amended by striking ‘‘SEC. 3. Noth- 1934 (16 U.S.C. 718b) is amended by striking (B) in paragraph (2), by striking ‘‘(2) The ing’’ and inserting the following: Secretary of the Interior’’ and inserting the ‘‘SEC. 2.’’ and all that follows through the end of subsection (a) and inserting the fol- ‘‘SEC. 3. AUTHORIZATION AND EXEMPTION. following: lowing: ‘‘Nothing’’. ‘‘(2) COMPONENTS OF REPORT.—The Sec- ‘‘SEC. 2. SALES; FUND DISPOSITION; UNSOLD (e) EXPENDITURE OF FUNDS.—Section 4 of retary’’. STAMPS. the Act of March 16, 1934 (16 U.S.C. 718d) is (f) LOANS AND TRANSFERS, ALTERATION, AND ‘‘(a) SALES.— amended— REPRODUCTION OF STAMPS.—Section 5 of the ‘‘(1) IN GENERAL.—The stamps required (1) by redesignating subsections (a) Act of March 16, 1934 (16 U.S.C. 718e) is under section 1 shall be sold by the Postal through (c) as paragraphs (1) through (3), re- amended— Service and may be sold by the Department spectively, and indenting appropriately; (1) by striking ‘‘SEC. 5. (a) That no person of the Interior, pursuant to regulations pro- (2) by striking ‘‘SEC. 4. All moneys’’ and all to whom has been sold a migratory-bird mulgated jointly by the Postal Service and that follows through ‘‘expended:’’ and insert- hunting stamp,’’ and inserting the following: the Secretary, at— ing the following: ‘‘SEC. 5. LOANS AND TRANSFERS, ALTERATION, ‘‘(A) any post office; and ‘‘SEC. 4. EXPENDITURE OF FUNDS. AND REPRODUCTION OF STAMPS. ‘‘(B) such other establishments, facilities, ‘‘(a) IN GENERAL.—All funds received for ‘‘(a) IN GENERAL.—No person to whom has or locations as the Postal Service or the Sec- stamps sold under this Act shall be— been sold a Migratory Bird Hunting and Con- retary (or a designee) may direct or author- ‘‘(1) accounted for by the Postal Service or servation Stamp,’’; ize. the Secretary, as appropriate; (2) in subsection (b), by striking ‘‘(b)’’ and ‘‘(2) PROCEEDS.—The funds received from ‘‘(2) paid into the Treasury of the United all that follows through ‘‘shall alter’’ and in- the sale of stamps under this Act by the De- States; and serting the following: partment of the Interior shall be deposited in ‘‘(3) reserved and set aside as a special ‘‘(b) ALTERATION.—Except as provided in the Migratory Bird Conservation Fund in ac- fund, to be known as the ‘Migratory Bird clauses (i) and (ii) of section 504(l)(D) of title cordance with section 4. Conservation Fund’ (referred to in this sec- 18, United States Code, no person shall ‘‘(3) MINIMUM AND MAXIMUM VALUES.—Ex- tion as the ‘fund’), to be administered by the alter’’; cept as provided in subsection (b), the Postal Secretary. (3) in subsection (c)— Service shall collect the full face value of ‘‘(b) USE OF FUNDS.—All funds received (A) by striking ‘‘(c) Notwithstanding’’ and each stamp sold under this section for the into the fund are appropriated for the fol- inserting the following: applicable hunting year. lowing purposes, to remain available until ‘‘(c) REPRODUCTION.—Notwithstanding’’; ‘‘(4) VALIDITY.—No stamp sold under this expended:’’; (B) by striking ‘‘Secretary of the Interior’’ Act shall be valid under any circumstances (3) in subsection (b)(1) (as redesignated by each place it appears and inserting ‘‘Sec- to authorize the taking of migratory water- paragraphs (1) and (2))— retary’’; and fowl except— (A) by striking ‘‘(1) So much’’ and all that (C) in the matter following paragraph (2)— ‘‘(A) in compliance with Federal and State follows through ‘‘for engraving’’ and insert- (i) by striking ‘‘migratory bird hunting laws (including regulations); ing the following: stamps’’ and inserting ‘‘Migratory Bird ‘‘(B) on the condition that the individual ‘‘(1) ADVANCE ALLOTMENTS.—So much as Hunting and Conservation Stamps’’; and so taking the waterfowl wrote the signature may be necessary shall be used by the Sec- (ii) by striking ‘‘shall be paid into the mi- of the individual in ink across the face of the retary for engraving’’; gratory bird conservation fund’’ and insert- stamp prior to the taking; and (B) by striking ‘‘migratory bird hunting ing ‘‘shall be paid, after deducting expenses ‘‘(C) during the hunting year for which the stamps’’ and inserting ‘‘Migratory Bird for marketing, into the Migratory Bird Con- stamp was issued. Hunting and Conservation Stamps’’; servation Fund’’. ‘‘(5) UNUSED STAMPS.— (C) by striking ‘‘personal’’ and inserting (g) ENFORCEMENT.—Section 6 of the Act of ‘‘(A) DEFINITION OF RETAIL DEALER.—In this ‘‘personnel’’; and March 16, 1934 (16 U.S.C. 718f) is amended— paragraph, the term ‘retail dealer’ means— (D) by striking ‘‘postal service’’ and insert- (1) by striking ‘‘SEC. 6. For the efficient’’ ‘‘(i) any individual or entity that is regu- ing ‘‘Postal Service’’; and inserting the following: larly engaged in the business of retailing (4) in subsection (b)(2) (as so redesig- ‘‘SEC. 6. ENFORCEMENT. hunting or fishing equipment; and nated)— ‘‘For the efficient’’; and ‘‘(ii) any individual or entity duly author- (A) by striking ‘‘(2) Except as provided in (2) in the first sentence— ized to act as an agent of a State or political subsections (c) and (d) of this section’’ and (A) by striking ‘‘Secretary of Agriculture’’ subdivision of a State for the sale of State or inserting the following: and inserting ‘‘Secretary’’; county hunting or fishing licenses. ‘‘(2) AREAS FOR REFUGES.—Except as pro- (B) by striking ‘‘Department of Agri- ‘‘(B) REDEMPTION OF UNUSED STAMPS.—The vided in paragraph (3) and subsection (c)’’; culture’’ and inserting ‘‘Department of the Department of the Interior, pursuant to reg- and Interior’’; and

VerDate Aug 31 2005 02:06 Jul 25, 2006 Jkt 049060 PO 00000 Frm 00021 Fmt 4634 Sfmt 0634 E:\CR\FM\A24JY7.009 H24JYPT1 jcorcoran on PROD1PC62 with HOUSE H5590 CONGRESSIONAL RECORD — HOUSE July 24, 2006 (C) by inserting ‘‘(16 U.S.C. 703 et seq.)’’ Stamp shall be transferred to the Postal issuance of any duplicate stamps. In after ‘‘Treaty Act’’. Service or the Secretary of the Interior (or a addition, the legislation contains safe- (h) VIOLATIONS; COOPERATION; USE OF CON- designee) for sale to a collector if the guards to ensure customer satisfaction, TEST FEES; DEFINITIONS; SHORT TITLE.—The stamp— the maintenance of traditional stamps Act of March 16, 1934 is amended by striking ‘‘(1) has not been sold by the end of the sections 7 through 10 (16 U.S.C. 718g–718j) and hunting year (as that term is defined in sec- and adequate retail availability of the inserting the following: tion 10 of the Migratory Bird Hunting and actual stamp. ‘‘SEC. 7. VIOLATIONS. Conservation Stamp Act) during which the Senate 1496 is the result of successful ‘‘Any person that violates or fails to com- stamp is issued; and negotiations between the U.S. Fish and ply with any provision of this Act (including ‘‘(2) as determined by the Postal Service or Wildlife Service, the States and con- a regulation promulgated under this Act) the Secretary of the Interior— servation organizations. It is a sound shall be subject to the penalties described in ‘‘(A) is appropriate to supply a market for bill that will provide customer conven- section 6 of the Migratory Bird Treaty Act sale to collectors; and ience without undermining the Federal ‘‘(B) is in suitable condition for sale to a (16 U.S.C. 707). duck stamp program. After the 3-year ‘‘SEC. 8. COOPERATION. collector.’’; and (B) by striking the second sentence and in- trial period, Congress can then decide ‘‘The Secretary is authorized to cooperate whether to make the electronic duck with the States and the territories and pos- serting the following: sessions of the United States in the enforce- ‘‘(b) SURPLUS STOCK.—The Postal Service stamps a permanent fixture. ment of this Act. or the Secretary of the Interior may destroy With that, Mr. Speaker, I urge an any surplus stock of Migratory Bird Hunting ‘‘SEC. 9. USE OF CONTEST FEES. ‘‘aye’’ vote on Senate 1496. and Conservation Stamps at such time and Mr. Speaker, I reserve the balance of ‘‘Notwithstanding any other provision of in such manner as the Postal Service or the law, funds received by the United States my time. Secretary of the Interior determines to be Ms. BORDALLO. Mr. Speaker, I yield Fish and Wildlife Service in the form of fees appropriate.’’. for entering any Migratory Bird Hunting and myself such time as I may consume. Conservation Stamp contest shall be cred- The SPEAKER pro tempore. Pursu- (Ms. BORDALLO asked and was ited— ant to the rule, the gentleman from Or- given permission to revise and extend ‘‘(1) first, to the appropriation account egon (Mr. WALDEN) and the gentle- her remarks.) from which expenditures for the administra- woman from Guam (Ms. BORDALLO) Ms. BORDALLO. Mr. Speaker, I sup- tion of the contest are made; and each will control 20 minutes. port this legislation that would direct ‘‘(2) second, to the extent any funds re- The Chair recognizes the gentleman the Secretary of the Interior to initiate main, to the Migratory Bird Conservation from Oregon. Fund. a pilot program to provide a conven- GENERAL LEAVE ‘‘SEC. 10. DEFINITIONS. ient electronic option for waterfowl ‘‘(a) IN GENERAL.—In this Act, the terms Mr. WALDEN of Oregon. Mr. Speak- hunters to purchase their annual duck defined in the Migratory Bird Conservation er, I ask unanimous consent that all stamp, an icon in American conserva- Act (16 U.S.C. 715 et seq.) and the Migratory Members may have 5 legislative days tion which since 1934 has generated Bird Treaty Act (16 U.S.C. 703 et seq.) have to revise and extend their remarks and over $700 million for waterfowl habitat the meanings given those terms in those include extraneous material on the bill acquisition and protection. Acts. under consideration. I applaud the sponsor of the House ‘‘(b) OTHER DEFINITIONS.—In this Act: The SPEAKER pro tempore. Is there companion legislation, Congressman ‘‘(1) HUNTING YEAR.—The term ‘hunting objection to the request of the gen- year’ means the 1-year period beginning on RON KIND, for his leadership on this July 1 of each year. tleman from Oregon? issue and for his commonsense recogni- ‘‘(2) MIGRATORY WATERFOWL.—The term There was no objection. tion that we should take advantage of ‘migratory waterfowl’ means the species Mr. WALDEN of Oregon. Mr. Speak- modern technology to increase the enumerated in paragraph (a) of subdivision 1 er, I yield myself such time as I may availability and ease in acquiring duck of article I of the Convention between the consume. stamps. United States and Great Britain for the Pro- I am pleased to support Senate 1496, I also commend Mr. KIND for the tection of Migratory Birds, signed at Wash- the Electronic Duck Stamp Act. I great sensitivity he has shown in mak- ington on August 16, 1916 (USTS 628) (16 would also like to compliment the au- U.S.C. 703 et seq.). ing sure that the pilot program created thor of this legislation, Senator MIKE ‘‘(3) SECRETARY.—The term ‘Secretary’ under this legislation will not under- means the Secretary of the Interior. CRAPO, and the sponsors of the House mine the artistic value of the paper ‘‘(4) STATE.—The term ‘State’ means— version, Congressmen RON KIND and stamps. These stamps will still be ‘‘(A) a State; CHIP PICKERING. issued for sale, and we expect that they ‘‘(B) the District of Columbia; The first Federal duck stamp was will continue to be cherished by stamp ‘‘(C) the Commonwealth of Puerto Rico; issued in 1934. Since that time, hunters collectors and conservationists for ‘‘(D) Guam; and wildlife art enthusiasts have pur- many years to come. ‘‘(E) American Samoa; chased more than 122 million stamps ‘‘(F) the Commonwealth of the Northern This legislation also contains some Mariana Islands; that have produced more than $700 mil- overdue technical amendments to the ‘‘(G) the Federated States of Micronesia; lion in revenues. With those funds, the Duck Stamp Act itself, which should ‘‘(H) the Republic of the Marshall Islands; Migratory Bird Commission has con- provide helpful clarifications impor- ‘‘(I) the Republic of Palau; and served more than 5.2 million acres of tant in maintaining and enhancing this ‘‘(J) the United States Virgin Islands. land that have provided essential habi- very popular program. ‘‘(5) TAKE.—The term ‘take’ means— tat for countless migratory birds. I urge Members to support this non- ‘‘(A) to pursue, hunt, shoot, capture, col- Senate 1496 is a positive step in the controversial bill. lect, or kill; or right direction of bringing this pro- Mr. Speaker, I reserve the balance of ‘‘(B) to attempt to pursue, hunt, shoot, capture, collect, or kill. gram into the 21st century. Today, my time. hunters and fishermen throughout the Mr. WALDEN of Oregon. Mr. Speak- ‘‘SEC. 11. SHORT TITLE. ‘‘This Act may be cited as the ‘Migratory United States can obtain their nec- er, I yield such time as he may con- Bird Hunting and Conservation Stamp essary State licenses online. The Elec- sume to the gentleman from New Jer- Act’.’’. tronic Duck Stamp Act will direct the sey (Mr. GARRETT) for a colloquy. (i) DISPOSITION OF UNSOLD STAMPS.—Sec- Secretary of the Interior to conduct a Mr. GARRETT of New Jersey. Mr. tion 3 of the Act of July 30, 1956 (Public Law 3-year pilot program by allowing cer- Speaker, with regard to S. 1496, this 84–838; 70 Stat. 722), is amended— tain States to issue electronic Federal program, my understanding, creates a (1) by redesignating subsections (b) and (c) migratory bird stamps. 3-year pilot program to distribute Fed- as subsections (c) and (d), respectively; and Under the terms of the bill, the Fish eral duck stamps electronically. Duck (2) in subsection (a) (16 U.S.C. 718b–1)— and Wildlife Service will approve the stamps are something which I am very (A) by striking ‘‘SEC. 3. (a) Hereafter’’ and all that follows through the end of the first application of any interested States familiar with and am completely in sentence and inserting the following: that will include the format of the support of the overall program. These ‘‘SEC. 3. DISPOSITION OF UNSOLD STAMPS. stamp, a description of any processing stamps are sold to hunters, conserva- ‘‘(a) DISPOSITION OF UNSOLD STAMPS.—A fees, the process of delivering the ac- tionists and collectors, raising funds to Migratory Bird Hunting and Conservation tual printed duck stamp and the acquire land in the national wildlife

VerDate Aug 31 2005 02:06 Jul 25, 2006 Jkt 049060 PO 00000 Frm 00022 Fmt 4634 Sfmt 0634 E:\CR\FM\A24JY7.009 H24JYPT1 jcorcoran on PROD1PC62 with HOUSE July 24, 2006 CONGRESSIONAL RECORD — HOUSE H5591 refuge system, which, in turn, are then vance warning, we could have had it the gentleman from Oregon (Mr. WAL- beneficial to the duck hunters in my highlighted here. DEN) that the House suspend the rules district and yours as well. Section 6(3)(c), Electronic Stamp and pass the Senate bill, S. 1496. The question goes to the overall cost Issuance Fee. A State participating in The question was taken. of this system and who will be paying the pilot program may charge a reason- The SPEAKER pro tempore. In the for the system. Traditionally, under able fee to cover costs incurred by the opinion of the Chair, two-thirds of the duck stamp program, it is not a State and the Department of the Inte- those present have voted in the affirm- cost to the overall taxpayers of the rior in issuing electronic stamps under ative. country. Rather, it is those who enter the program, including costs of deliv- Mr. HENSARLING. Mr. Speaker, on in to select to buy the duck stamps ery of actual stamps. that I demand the yeas and nays. themselves. Does that clarify? The yeas and nays were ordered. However, this is the point. CBO esti- Mr. GARRETT of New Jersey. I The SPEAKER pro tempore. Pursu- mates that this bill will cost $750,000, thank you. ant to clause 8 of rule XX and the or three-quarters of a million dollars, Mr. WALDEN of Oregon. Does that Chair’s prior announcement, further over the next 3 years to implement and satisfy the gentleman’s question then? proceedings on this question will be that the fees authorized will not be suf- Mr. GARRETT of New Jersey. Yes. postponed. ficient to offset this cost. In light of Mr. WALDEN of Oregon. Very good. f this report from the CBO, can you as- Mr. KIND. Mr. Speaker, I rise today in sup- sure us that the costs will be generated port of S. 1496, the companion legislation to b 1500 from the actual sale of the stamps, and H.R. 1494 that Representative CHIP PICKERING NATIONAL HERITAGE AREAS ACT can you point out where the error has and I authored, the Electronic Duck—or E- OF 2006 Duck—Stamp Act. This legislation has a sim- been, therefore, in the CBO cost esti- Mr. WALDEN of Oregon. Mr. Speak- ple purpose: To make it easier for duck hunt- mates in this program? er, I move to suspend the rules and ers, stamp and wildlife art collectors, and con- Mr. WALDEN of Oregon. Mr. Speak- pass the Senate bill (S. 203) to reduce servationists to do the things they love. The er, will the gentleman yield? temporarily the royalty required to be Mr. GARRETT of New Jersey. I yield bill does this by creating a pilot program in paid for sodium produced, to establish to the gentleman from Oregon. which 15 States, authorized by the Secretary certain National Heritage Areas, and Mr. WALDEN of Oregon. Mr. Speak- of the Interior, may issue Federal duck stamps for other purposes, as amended. er, I appreciate the gentleman’s ques- electronically. The Clerk read as follows: tion. Since its creation in 1934, the Federal Duck The CBO does estimate, indeed, that Stamp Program has become one of the most S. 203 the implementing legislation would popular and successful conservation programs Be it enacted by the Senate and House of cost the Federal Government $750,000 ever initiated. Because of it, our country is Representatives of the United States of America over the next 3 years, assuming the again teeming with migratory waterfowl and in Congress assembled, availability of appropriated funds. other wildlife that rely on wetland habitats. SECTION 1. SHORT TITLE; TABLE OF CONTENTS. However, this is also set up and esti- Today, roughly 1.7 million hunting and con- (a) SHORT TITLE.—This Act may be cited as the ‘‘National Heritage Areas Act of 2006’’. mates the Fish and Wildlife Service servation stamps are sold each year. Recent (b) TABLE OF CONTENTS.—The table of con- would spend $250,000 annually to carry data show that the sale of Federal duck tents of this Act is as follows: out the 3-year project, again, assuming stamps has generated more than Sec. 1. Short title; table of contents. the availability of appropriated funds, $700,000,000 in revenue used to preserve TITLE I—SODA ASH ROYALTY but the legislation makes it very spe- over 5.2 million acres of migratory waterfowl REDUCTION cific that they can recoup their costs habitat in the United States. Sec. 101. Short title. as an administrative fee when they The E-Duck Stamp Act seeks to enhance Sec. 102. Reduction in royalty rate on soda issue the duck stamp. the strong legacy of this important conserva- ash. So it should become very self-sup- tion program. Under this bill, hunters will, for Sec. 103. Study. porting. Just as you referenced in the the first time, be able to purchase duck TITLE II—ESTABLISHMENT OF other program, they can actually add a stamps on-line in a safe, easy, and convenient NATIONAL HERITAGE AREAS cost to cover their administrative manner. People living in rural areas, like mine Subtitle A—Northern Rio Grande National costs. We are just trying to simplify in western Wisconsin, will no longer have to Heritage Area this, make it available online to duck gas up the truck to buy a stamp, and instead Sec. 201. Short title. hunters as an ease. They will still get can double-click their mouse and be ready to Sec. 202. Congressional findings. the duck stamp in the mail, but we an- go hunt. More importantly, it provides this new Sec. 203. Definitions. ticipate fully in the legislation the alternative while protecting the legacy that the Sec. 204. Northern Rio Grande National Her- cost to be recovered by the users. great duck stamp artist ding darling left us by itage Area. Mr. GARRETT of New Jersey. I do taking explicit measures to ensure the future Sec. 205. Authority and duties of the Man- appreciate that. of the actual stamp—miniature works of art agement Entity. So it is your understanding that Sec. 206. Duties of the Secretary. from some of our country’s best wildlife artists. Sec. 207. Private property protections; sav- there is, in essence, a base price for the I would like to thank both Ducks Unlimited ings provisions. stamp and then maybe perhaps, I will and the International Association of Fish and Sec. 208. Sunset. use the term supplemental cost, which Wildlife Agencies in crafting this bill. I appre- Sec. 209. Authorization of appropriations. will be the costs going on the sale over ciate their strong commitment to the Federal Subtitle B—Atchafalaya National Heritage the Web or whatever the exchange is. Duck Stamp Program and their input into the Area Mr. WALDEN of Oregon. That is my creation of this legislation. Additionally, I would Sec. 211. Short title. understanding, yes. like to thank everyone on resources staff and Sec. 212. Definitions. Mr. GARRETT of New Jersey. I the Congressional Sportsmen’s Caucus for all Sec. 213. Atchafalaya National Heritage apologize for being redundant on this their hard work on this legislation. I look for- Area. point, is there something specific that ward to continuing our work together to imple- Sec. 214. Authorities and duties of the local I that can look back to specifically in ment this program once it becomes law. coordinating entity. the language that says that, that goes I urge all my colleagues to support S. 1496. Sec. 215. Management Plan. Sec. 216. Requirements for inclusion of pri- to that point? Ms. BORDALLO. Mr. Speaker, I have vate property. Mr. WALDEN of Oregon. If the gen- no further speakers, and I yield back Sec. 217. Private property protection. tleman will suspend for a moment. the balance of my time. Sec. 218. Effect of subtitle. Mr. GARRETT of New Jersey. I think Mr. WALDEN of Oregon. Mr. Speak- Sec. 219. Reports. we are on the same page on this. I want er, I encourage my colleagues to sup- Sec. 220. Authorization of appropriations. to just make sure that it is revenue port S. 1496, and I yield back the bal- Sec. 221. Termination of authority. neutral. ance of my time. Subtitle C—Arabia Mountain National Mr. WALDEN of Oregon. It is a sev- The SPEAKER pro tempore. The Heritage Area eral page bill. If we had had a little ad- question is on the motion offered by Sec. 231. Short title.

VerDate Aug 31 2005 02:06 Jul 25, 2006 Jkt 049060 PO 00000 Frm 00023 Fmt 4634 Sfmt 0655 E:\CR\FM\K24JY7.026 H24JYPT1 jcorcoran on PROD1PC62 with HOUSE H5592 CONGRESSIONAL RECORD — HOUSE July 24, 2006 Sec. 232. Findings and purposes. Sec. 291G. Duties and authorities of Federal Sec. 602. Study. Sec. 233. Definitions. agencies. Sec. 603. Themes. Sec. 234. Arabia Mountain National Heritage Sec. 291H. Land use regulation; applicability Sec. 604. Report. Area. of Federal law. TITLE VII—JOHN H. CHAFEE BLACK- Sec. 235. Authorities and duties of the local Sec. 291I. Authorization of appropriations. STONE RIVER VALLEY NATIONAL HER- coordinating entity. Sec. 291J. Termination of authority. ITAGE CORRIDOR REAUTHORIZATION Sec. 236. Management Plan. Sec. 291K. Requirements for inclusion of pri- Sec. 701. Short title. Sec. 237. Technical and financial assistance. vate property. Sec. 702. John H. Chafee Blackstone River Sec. 238. Effect on certain authority. Sec. 291L. Private property protection. Valley National Heritage Cor- Sec. 239. Authorization of appropriations. Subtitle I—Gullah/Geechee Heritage ridor. Sec. 240. Termination of authority. Corridor TITLE VIII—CALIFORNIA RECLAMATION Sec. 241. Requirements for inclusion of pri- Sec. 295. Short title. GROUNDWATER REMEDIATION INITIA- vate property. Sec. 295A. Purposes. TIVE Sec. 242. Private property protection. Sec. 295B. Definitions. Sec. 801. Short title. Subtitle D—Mormon Pioneer National Sec. 295C. Gullah/Geechee Cultural Heritage Sec. 802. Definitions. Heritage Area Corridor. Sec. 803. California basins remediation. Sec. 251. Short title. Sec. 295D. Gullah/Geechee Cultural Heritage Sec. 804. Sunset of authority. Sec. 252. Findings and purpose. Corridor Commission. TITLE IX—NATIONAL COAL HERITAGE Sec. 253. Definitions. Sec. 295E. Operation of the local coordi- AREA Sec. 254. Mormon Pioneer National Heritage nating entity. Sec. 901. National Coal Heritage Area Area. Sec. 295F. Management Plan. amendments. Sec. 295G. Technical and financial assist- Sec. 255. Designation of Alliance as local co- TITLE I—SODA ASH ROYALTY REDUCTION ordinating entity. ance. Sec. 295H. Duties of other Federal agencies. SEC. 101. SHORT TITLE. Sec. 256. Management of the Heritage Area. This title may be cited as the ‘‘Soda Ash Sec. 257. Duties and authorities of Federal Sec. 295I. Coastal Heritage Centers. Sec. 295J. Private property protection. Royalty Reduction Act of 2006’’. agencies. SEC. 102. REDUCTION IN ROYALTY RATE ON Sec. 258A. Requirements for inclusion of pri- Sec. 295K. Authorization of appropriations. Sec. 295L. Termination of authority. SODA ASH. vate property. Notwithstanding section 102(a)(9) of the Sec. 258B. Private property protection. Subtitle J—Crossroads of the American Federal Land Policy Management Act of 1976 Sec. 259. Authorization of appropriations. Revolution National Heritage Area (43 U.S.C. 1701(a)(9)), section 24 of the Min- Sec. 260. Termination of authority. Sec. 297. Short title. eral Leasing Act (30 U.S.C. 262), and the Subtitle E—Freedom’s Frontier National Sec. 297A. Findings and purposes. terms of any lease under that Act, the roy- Heritage Area Sec. 297B. Definitions. alty rate on the quantity or gross value of Sec. 297C. Crossroads of the American Revo- the output of sodium compounds and related Sec. 261. Short title. lution National Heritage Area. products at the point of shipment to market Sec. 262. Purpose. Sec. 297D. Management Plan. from Federal land in the 5-year period begin- Sec. 263. Definitions. Sec. 297E. Authorities, duties, and prohibi- ning on the date of enactment of this Act Sec. 264. Freedom’s Frontier National Herit- tions applicable to the local co- shall be 2 percent. age Area. ordinating entity. SEC. 103. STUDY. Sec. 265. Technical and financial assistance; Sec. 297F. Technical and financial assist- After the end of the 4-year period begin- other Federal agencies. ance; other Federal agencies. ning on the date of enactment of this Act, Sec. 266. Private property protection. Sec. 297G. Authorization of appropriations. and before the end of the 5-year period begin- Sec. 267. Savings provisions. Sec. 297H. Termination of authority. ning on that date, the Secretary of the Inte- Sec. 268. Authorization of appropriations. Sec. 297I. Requirements for inclusion of pri- rior shall report to Congress on the effects of Sec. 269. Termination of authority. vate property. the royalty reduction under this title, in- Subtitle F—Upper Housatonic Valley Sec. 297J. Private property protection. cluding— National Heritage Area TITLE III—NATIONAL HERITAGE AREA (1) the amount of sodium compounds and Sec. 271. Short title. STUDIES related products at the point of shipment to Sec. 272. Findings and purposes. Subtitle A—Western Reserve Heritage Area market from Federal land during that 4-year Sec. 273. Definitions. Study period; (2) the number of jobs that have been cre- Sec. 274. Upper Housatonic Valley National Sec. 301. Short title. Heritage Area. Sec. 302. National Park Service study re- ated or maintained during the royalty reduc- Sec. 275. Authorities, prohibitions, and du- garding the Western Reserve, tion period; (3) the total amount of royalty paid to the ties of the Management Entity. Ohio. Sec. 276. Management Plan. United States on the quantity or gross value Subtitle B—St. Croix National Heritage Area of the output of sodium compounds and re- Sec. 277. Duties and authorities of the Sec- Study retary. lated products at the point of shipment to Sec. 278. Duties of other Federal agencies. Sec. 311. Short title. market produced during that 4-year period, Sec. 279. Requirements for inclusion of pri- Sec. 312. Study. and the portion of such royalty paid to vate property. Subtitle C—Southern Campaign of the States; and Sec. 280. Private property protection. Revolution (4) a recommendation of whether the re- Sec. 280A. Authorization of appropriations. Sec. 321. Short title. duced royalty rate should apply after the end Sec. 280B. Sunset. Sec. 322. Southern Campaign of the Revolu- of the 5-year period beginning on the date of enactment of this Act. Subtitle G—Champlain Valley National tion Heritage Area study. Heritage Partnership Sec. 323. Private property. TITLE II—ESTABLISHMENT OF NATIONAL HERITAGE AREAS Sec. 281. Short title. TITLE IV—ILLINOIS AND MICHIGAN Subtitle A—Northern Rio Grande National Sec. 282. Findings and purposes. CANAL NATIONAL HERITAGE COR- Heritage Area Sec. 283. Definitions. RIDOR ACT AMENDMENTS Sec. 284. Heritage Partnership. Sec. 401. Short title. SEC. 201. SHORT TITLE. Sec. 285. Requirements for inclusion of pri- Sec. 402. Transition and provisions for new This subtitle may be cited as the ‘‘North- ern Rio Grande National Heritage Area Act’’. vate property. local coordinating entity. Sec. 286. Private property protection. Sec. 403. Private property protection. SEC. 202. CONGRESSIONAL FINDINGS. Sec. 287. Effect. Sec. 404. Technical amendments. The Congress finds that— Sec. 288. Authorization of appropriations. TITLE V—MOKELUMNE RIVER (1) northern New Mexico encompasses a Sec. 109. Termination of authority. FEASIBILITY STUDY mosaic of cultures and history, including 8 Pueblos and the descendants of Spanish an- Subtitle H—Great Basin National Heritage Sec. 501. Authorization of Mokelumne River cestors who settled in the area in 1598; Route Regional Water Storage and (2) the combination of cultures, languages, Sec. 291. Short title. Conjunctive Use Project Study. folk arts, customs, and architecture make Sec. 291A. Findings and purposes. Sec. 502. Use of reports and other informa- northern New Mexico unique; Sec. 291B. Definitions. tion. (3) the area includes spectacular natural, Sec. 291C. Great Basin National Heritage Sec. 503. Cost shares. scenic, and recreational resources; Route. Sec. 504. Water rights. (4) there is broad support from local gov- Sec. 505. Authorization of appropriations. Sec. 291D. Memorandum of understanding. ernments and interested individuals to es- Sec. 291E. Management Plan. TITLE VI—DELAWARE NATIONAL tablish a National Heritage Area to coordi- Sec. 291F. Authority and duties of local co- COASTAL SPECIAL RESOURCES STUDY nate and assist in the preservation and inter- ordinating entity. Sec. 601. Short title. pretation of these resources;

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(5) in 1991, the National Park Service study retary shall advise the management entity (1) NOTIFICATION AND CONSENT OF PROPERTY Alternative Concepts for Commemorating in writing of the reasons therefore and shall OWNERS REQUIRED.—No privately owned prop- Spanish Colonization identified several al- make recommendations for revisions to the erty shall be preserved, conserved, or pro- ternatives consistent with the establishment plan. moted by the management plan for the Her- of a National Heritage Area, including con- (6) The management entity shall periodi- itage Area until the owner of that private ducting a comprehensive archaeological and cally review the management plan and sub- property has been notified in writing by the historical research program, coordinating a mit to the Secretary any recommendations management entity and has given written comprehensive interpretation program, and for proposed revisions to the management consent for such preservation, conservation interpreting a cultural heritage scene; and plan. Any major revisions to the manage- or promotion to the management entity. (6) establishment of a National Heritage ment plan must be approved by the Sec- (2) LANDOWNER WITHDRAWAL.—Any owner Area in northern New Mexico would assist retary. of private property included within the local communities and residents in pre- (b) AUTHORITY.—The management entity boundary of the heritage area, shall have serving these unique cultural, historical and may make grants and provide technical as- their property immediately removed from natural resources. sistance to tribal and local governments, and within the boundary by submitting a written SEC. 203. DEFINITIONS. other public and private entities to carry out request to the management entity. As used in this subtitle— the management plan. (3) ACCESS TO PRIVATE PROPERTY.—Nothing (1) the term ‘‘heritage area’’ means the (c) DUTIES.—The management entity in this subtitle shall be construed to require Northern Rio Grande Heritage Area; and shall— any private property owner to permit public (2) the term ‘‘Secretary’’ means the Sec- (1) give priority in implementing actions access (including Federal, State, or local retary of the Interior. set forth in the management plan; government access) to such private property. SEC. 204. NORTHERN RIO GRANDE NATIONAL (2) encourage by appropriate means eco- Nothing in this subtitle shall be construed to HERITAGE AREA. nomic viability in the heritage area con- modify any provision of Federal, State, or (a) ESTABLISHMENT.—There is hereby es- sistent with the goals of the management local law with regard to public access to or tablished the Northern Rio Grande National plan; and use of private lands. Heritage Area in the State of New Mexico. (3) assist local and tribal governments and (4) LIABILITY.—Designation of the heritage (b) BOUNDARIES.—The heritage area shall non-profit organizations in— area shall not be considered to create any li- include the counties of Santa Fe, Rio Arriba, (A) establishing and maintaining interpre- ability, or to have any effect on any liability and Taos. tive exhibits in the heritage area; under any other law, of any private property (c) MANAGEMENT ENTITY.— (B) developing recreational resources in owner with respect to any persons injured on (1) The Northern Rio Grande National Her- the heritage area; such private property. itage Area, Inc., a non-profit corporation (C) increasing public awareness of, and ap- (5) RECOGNITION OF AUTHORITY TO CONTROL chartered in the State of New Mexico, shall preciation for, the cultural, historical, ar- LAND USE.—Nothing in this subtitle shall be serve as the management entity for the her- chaeological and natural resources and sits construed to modify any authority of Fed- itage area. in the heritage area; eral, State, or local governments to regulate (2) The Board of Directors for the manage- (D) the restoration of historic structures land use. ment entity shall include representatives of related to the heritage area; and (6) PARTICIPATION OF PRIVATE PROPERTY the State of New Mexico, the counties of (E) carrying out other actions that the OWNERS IN HERITAGE AREA.—Nothing in this Santa Fe, Rio Arriba and Taos, tribes and management entity determines appropriate subtitle shall be construed to require the pueblos within the heritage area, the cities to fulfill the purposes of this subtitle, con- owner of any private property located within of Santa Fe, Espanola and Taos, and mem- sistent with the management plan. the boundaries of the heritage area to par- bers of the general public. The total number (d) PROHIBITION ON ACQUIRING REAL PROP- ticipate in or be associated with the heritage of Board members and the number of Direc- ERTY.—The management entity may not use area. tors representing State, local and tribal gov- Federal funds received under this subtitle to (b) EFFECT OF ESTABLISHMENT.—The bound- ernments and interested communities shall acquire real property or an interest in real aries designated for the heritage area rep- be established to ensure that all parties have property. resent the area within which Federal funds appropriate representation on the Board. (e) PUBLIC MEETINGS.—The management appropriated for the purpose of this subtitle SEC. 205. AUTHORITY AND DUTIES OF THE MAN- entity shall hold public meetings at least an- shall be expended. The establishment of the AGEMENT ENTITY. nually regarding the implementation of the heritage area and its boundaries shall not be (a) MANAGEMENT PLAN.— management plan. construed to provide any nonexisting regu- (1) Not later than 3 years after the date of (f) ANNUAL REPORTS AND AUDITS.— latory authority on land use within the her- enactment of this Act, the management enti- (1) For any year in which the management itage area or its viewshed by the Secretary, ty shall develop and forward to the Sec- entity receives Federal funds under this sub- the National Park Service, or the manage- retary a management plan for the heritage title, the management entity shall submit ment entity. area. an annual report to the Secretary setting (c) TRIBAL LANDS.—Nothing in this subtitle (2) The management entity shall develop forth accomplishments, expenses and in- shall restrict or limit a tribe from protecting and implement the management plan in co- come, and each entity to which any grant cultural or religious sites on tribal lands. operation with affected communities, tribal was made by the management entity. (d) TRUST RESPONSIBILITIES.—Nothing in and local governments and shall provide for (2) The management entity shall make this subtitle shall diminish the Federal Gov- public involvement in the development and available to the Secretary for audit all ernment’s trust responsibilities or govern- implementation of the management plan. records relating to the expenditure of Fed- ment-to-government obligations to any fed- (3) The management plan shall, at a min- eral funds and any matching funds. The man- erally recognized Indian tribe. imum— agement entity shall also require, for all SEC. 208. SUNSET. (A) provide recommendations for the con- agreements authorizing expenditure of Fed- The authority of the Secretary to provide servation, funding, management, and devel- eral funds by other organizations, that the assistance under this subtitle terminates on opment of the resources of the heritage area; receiving organization make available to the the date that is 15 years after the date of en- (B) identify sources of funding; Secretary for audit all records concerning actment of this Act. the expenditure of those funds. (C) include an inventory of the cultural, SEC. 209. AUTHORIZATION OF APPROPRIATIONS. historical, archaeological, natural, and rec- SEC. 206. DUTIES OF THE SECRETARY. (a) IN GENERAL.—There are authorized to reational resources of the heritage area; (a) TECHNICAL AND FINANCIAL ASSIST- be appropriated to carry out this subtitle (D) provide recommendations for edu- ANCE.—The Secretary may, upon request of $10,000,000, of which not more than $1,000,000 cational and interpretive programs to inform the management entity, provide technical may be authorized to be appropriated for any the public about the resources of the herit- and financial assistance to develop and im- fiscal year. age area; and plement the management plan. (b) COST-SHARING REQUIREMENT.—The Fed- (E) include an analysis of ways in which (b) PRIORITY.—In providing assistance eral share of the total cost of any activity local, State, Federal, and tribal programs under subsection (a), the Secretary shall give assisted under this subtitle shall be not more may best be coordinated to promote the pur- priority to actions that facilitate— than 50 percent. (1) the conservation of the significant nat- poses of this subtitle. Subtitle B—Atchafalaya National Heritage ural, cultural, historical, archaeological, (4) If the management entity fails to sub- Area mit a management plan to the secretary as scenic, and recreational resources of the her- provided in paragraph (1), the heritage area itage area; and SEC. 211. SHORT TITLE. shall no longer be eligible to receive Federal (2) the provision of educational, interpre- This subtitle may be cited as the funding under this subtitle until such time tive, and recreational opportunities con- ‘‘Atchafalaya National Heritage Area Act’’. as a plan is submitted to the Secretary. sistent with the resources and associated SEC. 212. DEFINITIONS. (5) The Secretary shall approve or dis- values of the heritage area. In this subtitle: approve the management plan within 90 days SEC. 207. PRIVATE PROPERTY PROTECTIONS; (1) HERITAGE AREA.—The term ‘‘Heritage after the date of submission. If the Secretary SAVINGS PROVISIONS. Area’’ means the Atchafalaya National Her- disapproves the management plan, the Sec- (a) PRIVATE PROPERTY PROTECTION.— itage Area established by section 213(a).

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(2) LOCAL COORDINATING ENTITY.—The term (b) CONSIDERATION OF OTHER PLANS AND AC- SEC. 216. REQUIREMENTS FOR INCLUSION OF ‘‘local coordinating entity’’ means the local TIONS.—In developing the management plan, PRIVATE PROPERTY. coordinating entity for the Heritage Area the local coordinating entity shall— (a) NOTIFICATION AND CONSENT OF PROP- designated by section 213(c). (1) take into consideration State and local ERTY OWNERS REQUIRED.—No privately (3) MANAGEMENT PLAN.—The term ‘‘man- plans; and owned property shall be preserved, con- agement plan’’ means the management plan (2) invite the participation of residents, served, or promoted by the management plan for the Heritage Area developed under sec- public agencies, and private organizations in for the Heritage Area until the owner of that tion 215. the Heritage Area. private property has been notified in writing (4) SECRETARY.—The term ‘‘Secretary’’ (c) CONTENTS.—The management plan shall by the local coordinating entity and has means the Secretary of the Interior. include— given written consent to the local coordi- (5) STATE.—The term ‘‘State’’ means the (1) an inventory of the resources in the nating entity for such preservation, con- State of Louisiana. Heritage Area, including— servation, or promotion. (A) a list of property in the Heritage Area (b) LANDOWNER WITHDRAWAL.—Any owner SEC. 213. ATCHAFALAYA NATIONAL HERITAGE of private property included within the AREA. that— (i) relates to the purposes of the Heritage boundary of the Heritage Area shall have (a) ESTABLISHMENT.—There is established Area; and that private property immediately removed in the State the Atchafalaya National Herit- from the boundary by submitting a written age Area. (ii) should be preserved, restored, managed, or maintained because of the significance of request to the local coordinating entity. (b) BOUNDARIES.—The Heritage Area shall SEC. 217. PRIVATE PROPERTY PROTECTION. consist of the whole of the following parishes the property; and (a) ACCESS TO PRIVATE PROPERTY.—Noth- in the State: St. Mary, Iberia, St. Martin, St. (B) an assessment of cultural landscapes ing in this subtitle shall be construed to— Landry, Avoyelles, Pointe Coupee, Iberville, within the Heritage Area; (1) require any private property owner to Assumption, Terrebonne, Lafayette, West (2) provisions for the protection, interpre- tation, and enjoyment of the resources of the allow public access (including Federal, Baton Rouge, Concordia, East Baton Rouge, Heritage Area consistent with this subtitle; State, or local government access) to such and Ascension Parish. (3) an interpretation plan for the Heritage private property; or (c) LOCAL COORDINATING ENTITY.— Area; and (2) modify any provision of Federal, State, (1) IN GENERAL.—The Atchafalaya Trace (4) a program for implementation of the or local law with regard to public access to Commission shall be the local coordinating management plan that includes— or use of private property. entity for the Heritage Area. (A) actions to be carried out by units of (b) LIABILITY.—Designation of the Heritage (2) COMPOSITION.—The local coordinating government, private organizations, and pub- Area shall not be considered to create any li- entity shall be composed of 14 members ap- lic-private partnerships to protect the re- ability, or to have any effect on any liability pointed by the governing authority of each sources of the Heritage Area; and under any other law, of any private property parish within the Heritage Area. (B) the identification of existing and po- owner with respect to any persons injured on SEC. 214. AUTHORITIES AND DUTIES OF THE tential sources of funding for implementing that private property. LOCAL COORDINATING ENTITY. the plan. (c) PARTICIPATION OF PRIVATE PROPERTY (a) AUTHORITIES.—For the purposes of de- (d) SUBMISSION TO SECRETARY FOR AP- OWNERS IN HERITAGE AREA.—Nothing in this veloping and implementing the management PROVAL.— subtitle shall be construed to require the plan and otherwise carrying out this sub- (1) IN GENERAL.—Not later than 3 years owner of any private property located within title, the local coordinating entity may— after the date on which funds are made avail- the boundaries of the Heritage Area to par- (1) make grants to, and enter into coopera- able to carry out this subtitle, the local co- ticipate in or be associated with the Heritage tive agreements with, the State, units of ordinating entity shall submit the manage- Area. local government, and private organizations; ment plan to the Secretary for approval. SEC. 218. EFFECT OF SUBTITLE. (2) hire and compensate staff; and (2) EFFECT OF FAILURE TO SUBMIT.—If a Nothing in this subtitle or in establish- (3) enter into contracts for goods and serv- management plan is not submitted to the ment of the Heritage Area— ices. Secretary by the date specified in paragraph (1) grants any Federal agency regulatory (b) DUTIES.—The local coordinating entity (1), the Secretary shall not provide any addi- authority over any interest in the Heritage shall— tional funding under this subtitle until a Area, unless cooperatively agreed on by all (1) submit to the Secretary for approval a management plan for the Heritage Area is involved parties; management plan; submitted to the Secretary. (2) modifies, enlarges, or diminishes any (2) implement the management plan, in- (e) APPROVAL.— authority of the Federal Government or a cluding providing assistance to units of gov- (1) IN GENERAL.—Not later than 90 days State or local government to regulate any ernment and others in— after receiving the management plan sub- use of land as provided for by law (including (A) carrying out programs that recognize mitted under subsection (d)(1), the Sec- regulations) in existence on the date of en- important resource values within the Herit- retary, in consultation with the State, shall actment of this Act; age Area; approve or disapprove the management plan. (3) grants any power of zoning or land use (B) encouraging sustainable economic de- (2) ACTION FOLLOWING DISAPPROVAL.— to the local coordinating entity; velopment within the Heritage Area; (A) IN GENERAL.—If the Secretary dis- (4) imposes any environmental, occupa- (C) establishing and maintaining interpre- approves a management plan under para- tional, safety, or other rule, standard, or per- tive sites within the Heritage Area; and graph (1), the Secretary shall— mitting process that is different from those (D) increasing public awareness of, and ap- (i) advise the local coordinating entity in in effect on the date of enactment of this Act preciation for the natural, historic, and cul- writing of the reasons for the disapproval; that would be applicable had the Heritage tural resources of, the Heritage Area; (ii) make recommendations for revisions to Area not been established; (3) adopt bylaws governing the conduct of the management plan; and (5)(A) imposes any change in Federal envi- the local coordinating entity; and (iii) allow the local coordinating entity to ronmental quality standards; or (4) for any year for which Federal funds are submit to the Secretary revisions to the (B) authorizes designation of any portion received under this subtitle, submit to the management plan. of the Heritage Area that is subject to part Secretary a report that describes, for the (B) DEADLINE FOR APPROVAL OF REVISION.— C of title I of the Clean Air Act (42 U.S.C. year— Not later than 90 days after the date on 7470 et seq.) as class 1 for the purposes of (A) the accomplishments of the local co- which a revision is submitted under subpara- that part solely by reason of the establish- ordinating entity; and graph (A)(iii), the Secretary shall approve or ment of the Heritage Area; (B) the expenses and income of the local disapprove the revision. (6) authorizes any Federal or State agency coordinating entity. (f) REVISION.— to impose more restrictive water use des- (c) ACQUISITION OF REAL PROPERTY.—The (1) IN GENERAL.—After approval by the Sec- ignations, or water quality standards on uses local coordinating entity shall not use Fed- retary of a management plan, the local co- of or discharges to, waters of the United eral funds received under this subtitle to ac- ordinating entity shall periodically— States or waters of the State within or adja- quire real property or an interest in real (A) review the management plan; and cent to the Heritage Area solely by reason of property. (B) submit to the Secretary, for review and the establishment of the Heritage Area; (d) PUBLIC MEETINGS.—The local coordi- approval by the Secretary, the recommenda- (7) abridges, restricts, or alters any appli- nating entity shall conduct public meetings tions of the local coordinating entity for any cable rule, standard, or review procedure for at least quarterly. revisions to the management plan that the permitting of facilities within or adjacent to SEC. 215. MANAGEMENT PLAN. local coordinating entity considers to be ap- the Heritage Area; or (a) IN GENERAL.—The local coordinating propriate. (8) affects the continuing use and oper- entity shall develop a management plan for (2) EXPENDITURE OF FUNDS.—No funds made ation, where located on the date of enact- the Heritage Area that incorporates an inte- available under this subtitle shall be used to ment of this Act, of any public utility or grated and cooperative approach to protect, implement any revision proposed by the common carrier. interpret, and enhance the natural, scenic, local coordinating entity under paragraph SEC. 219. REPORTS. cultural, historic, and recreational resources (1)(B) until the Secretary approves the revi- For any year in which Federal funds have of the Heritage Area. sion. been made available under this subtitle, the

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local coordinating entity shall submit to the source management program to protect, en- (5) AUDIT.—The local coordinating entity Secretary a report that describes— hance, and interpret the significant re- shall— (1) the accomplishments of the local co- sources within the heritage area. (A) make available to the Secretary for ordinating entity; and SEC. 233. DEFINITIONS. audit all records relating to the expenditure (2) the expenses and income of the local co- In this subtitle: of Federal funds and any matching funds; ordinating entity. (1) HERITAGE AREA.—The term ‘‘heritage and SEC. 220. AUTHORIZATION OF APPROPRIATIONS. area’’ means the Arabia Mountain National (B) require, with respect to all agreements (a) IN GENERAL.—There is authorized to be Heritage Area established by section 234(a). authorizing expenditure of Federal funds by appropriated to carry out this subtitle (2) LOCAL COORDINATING ENTITY.—The term other organizations, that the receiving orga- $10,000,000, to remain available until ex- ‘‘local coordinating entity’’ means the Ara- nizations make available to the Secretary pended, of which not more than $1,000,000 bia Mountain Heritage Area Alliance or a for audit all records concerning the expendi- may be authorized to be appropriated for any successor of the Arabia Mountain Heritage ture of those funds. fiscal year. Area Alliance. (c) USE OF FEDERAL FUNDS.— (b) COST-SHARING REQUIREMENT.—The Fed- (3) MANAGEMENT PLAN.—The term ‘‘man- (1) IN GENERAL.—The local coordinating en- eral share of the total cost of any activity agement plan’’ means the management plan tity shall not use Federal funds made avail- assisted under this subtitle shall be not more for the heritage area developed under section able under this title to acquire real property than 50 percent unless the Secretary deter- 236. or an interest in real property. mines that no reasonable means are avail- (4) SECRETARY.—The term ‘‘Secretary’’ (2) OTHER SOURCES.—Nothing in this title able through which the local coordinating means the Secretary of the Interior. precludes the local coordinating entity from entity can meet its cost sharing requirement (5) STATE.—The term ‘‘State’’ means the using Federal funds made available under for that activity. State of Georgia. other Federal laws for any purpose for which SEC. 221. TERMINATION OF AUTHORITY. SEC. 234. ARABIA MOUNTAIN NATIONAL HERIT- the funds are authorized to be used. The authority of the Secretary to provide AGE AREA. SEC. 236. MANAGEMENT PLAN. (a) ESTABLISHMENT.—There is established assistance to the local coordinating entity (a) IN GENERAL.—The local coordinating the Arabia Mountain National Heritage Area under this subtitle terminates on the date entity shall develop a management plan for in the State. that is 15 years after the date of enactment the heritage area that incorporates an inte- (b) BOUNDARIES.—The heritage area shall grated and cooperative approach to protect, of this Act. consist of certain parcels of land in the coun- interpret, and enhance the natural, cultural, Subtitle C—Arabia Mountain National ties of DeKalb, Rockdale, and Henry in the historical, scenic, and recreational resources Heritage Area State, as generally depicted on the map enti- of the heritage area. tled ‘‘Arabia Mountain National Heritage SEC. 231. SHORT TITLE. (b) BASIS.—The management plan shall be Area’’, numbered AMNHA–80,000, and dated This subtitle may be cited as the ‘‘Arabia based on the preferred concept in the docu- October 2003. Mountain National Heritage Area Act’’. ment entitled ‘‘Arabia Mountain National (c) AVAILABILITY OF MAP.—The map shall SEC. 232. FINDINGS AND PURPOSES. be on file and available for public inspection Heritage Area Feasibility Study’’, dated Feb- (a) FINDINGS.—Congress finds the fol- in the appropriate offices of the National ruary 28, 2001. lowing: Park Service. (c) CONSIDERATION OF OTHER PLANS AND AC- (1) The Arabia Mountain area contains a (d) LOCAL COORDINATING ENTITY.—The Ara- TIONS.—The management plan shall— variety of natural, cultural, historical, sce- bia Mountain Heritage Area Alliance shall be (1) take into consideration State and local nic, and recreational resources that together the local coordinating entity for the heritage plans; and represent distinctive aspects of the heritage area. (2) involve residents, public agencies, and of the United States that are worthy of rec- SEC. 235. AUTHORITIES AND DUTIES OF THE private organizations in the heritage area. ognition, conservation, interpretation, and LOCAL COORDINATING ENTITY. (d) REQUIREMENTS.—The management plan continuing use. (a) AUTHORITIES.—For purposes of devel- shall include the following: (2) The best methods for managing the re- oping and implementing the management (1) An inventory of the resources in the sources of the Arabia Mountain area would plan, the local coordinating entity may— heritage area, including— be through partnerships between public and (1) make grants to, and enter into coopera- (A) a list of property in the heritage area private entities that combine diverse re- tive agreements with, the State, political that— sources and active communities. subdivisions of the State, and private organi- (i) relates to the purposes of the heritage (3) Davidson-Arabia Mountain Nature Pre- zations; area; and serve, a 535-acre park in DeKalb County, (2) hire and compensate staff; and (ii) should be preserved, restored, managed, Georgia— (3) enter into contracts for goods and serv- or maintained because of the significance of (A) protects granite outcrop ecosystems, ices. the property; and wetland, and pine and oak forests; and (b) DUTIES.— (B) an assessment of cultural landscapes (B) includes federally-protected plant spe- (1) MANAGEMENT PLAN.— within the heritage area. cies. (A) IN GENERAL.—The local coordinating (2) Provisions for the protection, interpre- (4) Panola Mountain, a national natural entity shall develop and submit to the Sec- tation, and enjoyment of the resources of the landmark, located in the 860-acre Panola retary the management plan. heritage area consistent with the purposes of Mountain State Conservation Park, is a rare (B) CONSIDERATIONS.—In developing and this subtitle. example of a pristine granite outcrop. implementing the management plan, the (3) An interpretation plan for the heritage (5) The archaeological site at Miners Creek local coordinating entity shall consider the area. Preserve along the South River contains doc- interests of diverse governmental, business, (4) A program for implementation of the umented evidence of early human activity. and nonprofit groups within the heritage management plan that includes— (6) The city of Lithonia, Georgia, and re- area. (A) actions to be carried out by units of lated sites of Arabia Mountain and Stone (2) PRIORITIES.—The local coordinating en- government, private organizations, and pub- Mountain possess sites that display the his- tity shall give priority to implementing ac- lic-private partnerships to protect the re- tory of granite mining as an industry and tions described in the management plan, in- sources of the heritage area; and culture in Georgia, and the impact of that cluding the following: (B) the identification of existing and po- industry on the United States. (A) Assisting units of government and non- tential sources of funding for implementing (7) The community of Klondike is eligible profit organizations in preserving resources the plan. for designation as a National Historic Dis- within the heritage area. (5) A description and evaluation of the trict. (B) Encouraging local governments to local coordinating entity, including the (8) The city of Lithonia has 2 structures adopt land use policies consistent with the membership and organizational structure of listed on the National Register of Historic management of the heritage area and the the local coordinating entity. Places. goals of the management plan. (e) SUBMISSION TO SECRETARY FOR AP- (b) PURPOSES.—The purposes of this sub- (3) PUBLIC MEETINGS.—The local coordi- PROVAL.— title are as follows: nating entity shall conduct public meetings (1) IN GENERAL.—Not later than 3 years (1) To recognize, preserve, promote, inter- at least quarterly on the implementation of after the date on which funds are made avail- pret, and make available for the benefit of the management plan. able to carry out this subtitle, the local co- the public the natural, cultural, historical, (4) ANNUAL REPORT.—For any year in which ordinating entity shall submit the manage- scenic, and recreational resources in the area Federal funds have been made available ment plan to the Secretary for approval. that includes Arabia Mountain, Panola under this title, the local coordinating enti- (2) EFFECT OF FAILURE TO SUBMIT.—If a Mountain, Miners Creek, and other signifi- ty shall submit to the Secretary an annual management plan is not submitted to the cant sites and communities. report that describes the following: Secretary by the date specified in paragraph (2) To assist the State of Georgia and the (A) The accomplishments of the local co- (1), the Secretary shall not provide any addi- counties of DeKalb, Rockdale, and Henry in ordinating entity. tional funding under this subtitle until such the State in developing and implementing an (B) The expenses and income of the local date as a management plan for the heritage integrated cultural, historical, and land re- coordinating entity. area is submitted to the Secretary.

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(f) APPROVAL AND DISAPPROVAL OF MAN- SEC. 239. AUTHORIZATION OF APPROPRIATIONS. Wayne, and Sanpete Counties in the State of AGEMENT PLAN.— (a) IN GENERAL.—There is authorized to be Utah, and terminating in Fairview, Utah, (1) IN GENERAL.—Not later than 90 days appropriated to carry out this subtitle there are a variety of heritage resources that after receiving the management plan sub- $10,000,000, to remain available until ex- demonstrate— mitted under subsection (e), the Secretary, pended, of which not more than $1,000,000 (A) the colonization of the western United in consultation with the State, shall approve may be authorized to be appropriated for any States; and or disapprove the management plan. fiscal year. (B) the expansion of the United States as a (2) ACTION FOLLOWING DISAPPROVAL.— (b) FEDERAL SHARE.—The Federal share of major world power; (A) REVISION.—If the Secretary disapproves the cost of any project or activity carried (3) the great relocation to the western a management plan submitted under para- out using funds made available under this United States was facilitated by— graph (1), the Secretary shall— subtitle shall not exceed 50 percent. (A) the 1,400–mile trek from Illinois to the (i) advise the local coordinating entity in SEC. 240. TERMINATION OF AUTHORITY. Great Salt Lake by the Mormon pioneers; writing of the reasons for the disapproval; The authority of the Secretary to provide and (ii) make recommendations for revisions to assistance under this subsubtitle terminates (B) the subsequent colonization effort in the management plan; and on the date that is 15 years after the date of Nevada, Utah, the southeast corner of Idaho, (iii) allow the local coordinating entity to enactment of this Act. the southwest corner of Wyoming, large submit to the Secretary revisions to the SEC. 241. REQUIREMENTS FOR INCLUSION OF areas of southeastern Oregon, much of south- management plan. PRIVATE PROPERTY. ern California, and areas along the eastern (B) DEADLINE FOR APPROVAL OF REVISION.— (a) NOTIFICATION AND CONSENT OF PROP- border of California; Not later than 90 days after the date on ERTY OWNERS REQUIRED.—No privately (4) the 250-mile Highway 89 corridor from which a revision is submitted under subpara- owned property shall be preserved, con- Kanab to Fairview, Utah, contains some of graph (A)(iii), the Secretary shall approve or served, or promoted by the management plan the best features of the Mormon colonization disapprove the revision. for the Heritage Area until the owner of that experience in the United States; (g) REVISION OF MANAGEMENT PLAN.— private property has been notified in writing (5) the landscape, architecture, traditions, (1) IN GENERAL.—After approval by the Sec- by the management entity and has given beliefs, folk life, products, and events along retary of a management plan, the local co- written consent for such preservation, con- Highway 89 convey the heritage of the pio- ordinating entity shall periodically— servation, or promotion to the management neer settlement; (A) review the management plan; and entity. (6) the Boulder Loop, Capitol Reef National (B) submit to the Secretary, for review and (b) LANDOWNER WITHDRAW.—Any owner of Park, Zion National Park, Bryce Canyon Na- approval by the Secretary, the recommenda- private property included within the bound- tional Park, and the Highway 89 area convey tions of the local coordinating entity for any ary of the Heritage Area shall have their the compelling story of how early settlers— revisions to the management plan that the property immediately removed from the (A) interacted with Native Americans; and local coordinating entity considers to be ap- boundary by submitting a written request to (B) established towns and cities in a harsh, propriate. the management entity. yet spectacular, natural environment; (2) EXPENDITURE OF FUNDS.—No funds made (7) the colonization and settlement of the SEC. 242. PRIVATE PROPERTY PROTECTION. available under this subtitle shall be used to Mormon settlers opened up vast amounts of (a) ACCESS TO PRIVATE PROPERTY.—Noth- implement any revision proposed by the natural resources, including coal, uranium, ing in this subtitle shall be construed to— local coordinating entity under paragraph silver, gold, and copper; (1) require any private property owner to (1)(B) until the Secretary approves the revi- (8) the Mormon colonization played a sig- allow public access (including Federal, sion. nificant role in the history and progress of State, or local government access) to such the development and settlement of the west- SEC. 237. TECHNICAL AND FINANCIAL ASSIST- private property; or ANCE. ern United States; and (2) modify any provision of Federal, State, (a) IN GENERAL.—At the request of the (9) the artisans, crafters, innkeepers, out- or local law with regard to public access to local coordinating entity, the Secretary may fitters, farmers, ranchers, loggers, miners, or use of private property. provide technical and financial assistance to historic landscape, customs, national parks, (b) LIABILITY.—Designation of the Heritage and architecture in the Heritage Area make the heritage area to develop and implement Area shall not be considered to create any li- the Heritage Area unique. the management plan. ability, or to have any effect on any liability RIORITY.—In providing assistance (b) PURPOSE.—The purpose of this subtitle (b) P under any other law, of any private property under subsection (a), the Secretary shall give is to establish the Heritage Area to— owner with respect to any persons injured on priority to actions that facilitate— (1) foster a close working relationship with such private property. (1) the conservation of the significant nat- all levels of government, the private sector, (c) RECOGNITION OF AUTHORITY TO CONTROL ural, cultural, historical, scenic, and rec- residents, business interests, and local com- LAND USE.—Nothing in this subtitle shall be munities in the State; reational resources that support the pur- construed to modify the authority of Fed- (2) empower communities in the State to poses of the heritage area; and eral, State, or local governments to regulate conserve, preserve, and enhance the heritage (2) the provision of educational, interpre- land use. tive, and recreational opportunities that are of the communities while strengthening fu- (d) PARTICIPATION OF PRIVATE PROPERTY consistent with the resources and associated ture economic opportunities; OWNERS IN HERITAGE AREA.—Nothing in this (3) conserve, interpret, and develop the his- values of the heritage area. subtitle shall be construed to require the torical, cultural, natural, and recreational SEC. 238. EFFECT ON CERTAIN AUTHORITY. owner of any private property located within resources within the Heritage Area; and (a) OCCUPATIONAL, SAFETY, CONSERVATION, the boundaries of the Heritage Area to par- (4) expand, foster, and develop heritage AND ENVIRONMENTAL REGULATION.—Nothing ticipate in or be associated with the Heritage businesses and products relating to the cul- in this subtitle— Area. tural heritage of the Heritage Area. (1) imposes an occupational, safety, con- (e) EFFECT OF ESTABLISHMENT.—The bound- servation, or environmental regulation on aries designated for the Heritage Area rep- SEC. 253. DEFINITIONS. the heritage area that is more stringent than resent the area within which Federal funds In this subtitle: the regulations that would be applicable to appropriated for the purpose of this subtitle (1) ALLIANCE.—The term ‘‘Alliance’’ means the land described in section 234(b) but for may be expended. The establishment of the the Utah Heritage Highway 89 Alliance. the establishment of the heritage area by Heritage Area and its boundaries shall not be (2) HERITAGE AREA.—The term ‘‘Heritage section 234(a); or construed to provide any nonexisting regu- Area’’ means the Mormon Pioneer National (2) authorizes a Federal agency to promul- latory authority on land use within the Her- Heritage Area established by section 254(a). gate an occupational, safety, conservation, itage Area or its viewshed by the Secretary, (3) LOCAL COORDINATING ENTITY.—The term or environmental regulation for the heritage the National Park Service, or the manage- ‘‘local coordinating entity’’ means the local area that is more stringent than the regula- ment entity. coordinating entity for the Heritage Area tions applicable to the land described in sec- designated by section 255(a). Subtitle D—Mormon Pioneer National tion 234(b) as of the date of enactment of this (4) MANAGEMENT PLAN.—The term ‘‘man- Heritage Area Act, solely as a result of the establishment agement plan’’ means the plan developed by of the heritage area by section 234(a). SEC. 251. SHORT TITLE. the local coordinating entity under section (b) LAND USE REGULATION.—Nothing in this This subtitle may be cited as the ‘‘Mormon 256(a). subtitle— Pioneer National Heritage Area Act’’. (5) SECRETARY.—The term ‘‘Secretary’’ (1) modifies, enlarges, or diminishes any SEC. 252. FINDINGS AND PURPOSE. means the Secretary of the Interior. authority of the Federal Government or a (a) FINDINGS.—Congress finds that— (6) STATE.—The term ‘‘State’’ means the State or local government to regulate any (1) the historical, cultural, and natural State of Utah. use of land as provided for by law (including heritage legacies of Mormon colonization SEC. 254. MORMON PIONEER NATIONAL HERIT- regulations) in existence on the date of en- and settlement are nationally significant; AGE AREA. actment of this Act; or (2) in the area starting along the Highway (a) ESTABLISHMENT.—There is established (2) grants powers of zoning or land use to 89 corridor at the Arizona border, passing the Mormon Pioneer National Heritage Area. the local coordinating entity. through Kane, Garfield, Piute, Sevier, (b) BOUNDARIES.—

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(1) IN GENERAL.—The boundaries of the shall not use Federal funds received under tion of actions, goals, and policies set forth Heritage Area shall include areas in the this subtitle to acquire real property or any in the management plan, including— State — interest in real property. (1) assisting units of government, regional (A) that are related to the corridors— SEC. 256. MANAGEMENT OF THE HERITAGE AREA. planning organizations, and nonprofit orga- (i) from the Arizona border northward (a) HERITAGE AREA MANAGEMENT PLAN.— nizations in— through Kanab, Utah, and to the intersection (1) DEVELOPMENT AND SUBMISSION FOR RE- (A) conserving the historical, cultural, and of Highway 89 and Highway 12, including VIEW.—Not later than 3 years after the date natural resources of the Heritage Area; Highway 12 and Highway 24 as those high- on which funds are made available to carry (B) establishing and maintaining interpre- ways loop off Highway 89 and rejoin Highway out the subtitle, the local coordinating enti- tive exhibits in the Heritage Area; 89 at Sigurd; ty, with public participation, shall develop (C) developing recreational opportunities (ii) from Highway 89 at the intersection of and submit for review to the Secretary a in the Heritage Area; Highway 12 through Panguitch, Junction, management plan for the Heritage Area. (D) increasing public awareness of and ap- Marysvale, and Sevier County to Sigurd; (2) CONTENTS.—The management plan preciation for the historical, cultural, and (iii) continuing northward along Highway shall— natural resources of the Heritage Area; 89 through Axtell and Sterling, Sanpete (A) present comprehensive recommenda- (E) restoring historic buildings that are— County, to Fairview, Sanpete County, at the tions for the conservation, funding, manage- (i) located within the boundaries of the junction with Utah Highway 31; and ment, and development of the Heritage Area; Heritage Area; and (iv) continuing northward along Highway (B) take into consideration Federal, State, (ii) related to the theme of the Heritage 89 through Fairview and Thistle Junction, to county, and local plans; Area; and the junction with Highway 6; and (C) involve residents, public agencies, and (F) ensuring that clear, consistent, and en- (B) including the following communities: private organizations in the Heritage Area; vironmentally appropriate signs identifying Kanab, Mt. Carmel, Orderville, Glendale, (D) include a description of actions that access points and sites of interest are put in Alton, Cannonville, Tropic, Henrieville, units of government and private organiza- place throughout the Heritage Area; and Escalante, Boulder, Teasdale, Fruita, tions are recommended to take to protect (2) consistent with the goals of the man- Hanksville, Torrey, Bicknell, Loa, Hatch, the resources of the Heritage Area; agement plan, encouraging economic viabil- Panquitch, Circleville, Antimony, Junction, (E) specify existing and potential sources ity in the affected communities by appro- Marysvale, Koosharem, Sevier, Joseph, Mon- of Federal and non-Federal funding for the priate means, including encouraging and so- roe, Elsinore, Richfield, Glenwood, Sigurd, conservation, management, and development liciting the development of heritage prod- Aurora, Salina, Mayfield, Sterling, Gunni- of the Heritage Area; and ucts. son, Fayette, Manti, Ephraim, Spring City, (F) include— (c) CONSIDERATION OF INTERESTS OF LOCAL Mt. Pleasant, Moroni, Fountain Green, and (i) an inventory of resources in the Herit- GROUPS.—In developing and implementing Fairview.er, Joseph, Monroe, Elsinore, Rich- age Area that— the management plan, the local coordinating field, Glenwood, Sigurd, Aurora, Salina, (I) includes a list of property in the Herit- entity shall consider the interests of diverse Mayfield, Sterling, Gunnison, Fayette, age Area that should be conserved, restored, units of government, businesses, private Manti, Ephraim, Spring City, Mt. Pleasant, managed, developed, or maintained because property owners, and nonprofit organizations Moroni, Fountain Green, and Fairview. of the historical, cultural, or natural signifi- in the Heritage Area. cance of the property as the property relates (2) MAP.—The Secretary shall prepare a (d) PUBLIC MEETINGS.—The local coordi- to the themes of the Heritage Area; and map of the Heritage Area, which shall be on nating entity shall conduct public meetings (II) does not include any property that is file and available for public inspection in the at least annually regarding the implementa- privately owned unless the owner of the office of the Director of the National Park tion of the management plan. property consents in writing to the inclu- Service. (e) ANNUAL REPORTS.—For any fiscal year sion; (3) NOTICE TO LOCAL GOVERNMENTS.—The in which the local coordinating entity re- (ii) a recommendation of policies for re- local coordinating entity shall provide to the ceives Federal funds under this subtitle, the government of each city, town, and county source management that consider the appli- cation of appropriate land and water man- local coordinating entity shall submit to the that has jurisdiction over property proposed agement techniques, including policies for Secretary an annual report that describes— to be included in the Heritage Area written the development of intergovernmental coop- (1) the accomplishments of the local co- notice of the proposed inclusion. erative agreements to manage the historical, ordinating entity; (c) ADMINISTRATION.—The Heritage Area cultural, and natural resources and rec- (2) the expenses and income of the local co- shall be administered in accordance with ordinating entity; and this subtitle. reational opportunities of the Heritage Area in a manner that is consistent with the sup- (3) the entities to which the local coordi- SEC. 255. DESIGNATION OF ALLIANCE AS LOCAL port of appropriate and compatible economic nating entity made any grants during the COORDINATING ENTITY. year for which the report is made. N ENERAL viability; (a) I G .—The Board of Directors of (f) COOPERATION WITH AUDITS.—For any fis- the Alliance shall be the local coordinating (iii) a program for implementation of the management plan, including plans for res- cal year in which the local coordinating enti- entity for the Heritage Area. ty receives Federal funds under this subtitle, (b) FEDERAL FUNDING.— toration and construction; the local coordinating entity shall— (1) AUTHORIZATION TO RECEIVE FUNDS.—The (iv) a description of any commitments that (1) make available for audit by Congress, local coordinating entity may receive have been made by persons interested in the Secretary, and appropriate units of gov- amounts made available to carry out this management of the Heritage Area; ernment all records and other information subtitle. (v) an analysis of means by which Federal, relating to the expenditure of the Federal (2) DISQUALIFICATION.—If a management State, and local programs may best be co- funds and any matching funds; and plan is not submitted to the Secretary as re- ordinated to promote the purposes of this (2) require, with respect to all agreements quired under section 256 within the time pe- subtitle; and authorizing expenditure of the Federal funds riod specified in that section, the local co- (vi) an interpretive plan for the Heritage by other organizations, that the receiving ordinating entity may not receive Federal Area. organizations make available for audit all funding under this subtitle until a manage- (3) APPROVAL OR DISAPPROVAL OF THE MAN- records and other information relating to ment plan is submitted to the Secretary. AGEMENT PLAN.— the expenditure of the Federal funds. (c) USE OF FEDERAL FUNDS.—The local co- (A) IN GENERAL.—Not later than 180 days ordinating entity may, for the purposes of after submission of the management plan by (g) DELEGATION.— developing and implementing the manage- the local coordinating entity, the Secretary (1) IN GENERAL.—The local coordinating en- ment plan, use Federal funds made available shall approve or disapprove the management tity may delegate the responsibilities and under this subtitle— plan. actions under this subtitle for each area (1) to make grants to the State, political (B) DISAPPROVAL AND REVISIONS.— identified in section 254(b)(1). subdivisions of the State, nonprofit organiza- (i) IN GENERAL.—If the Secretary dis- (2) REVIEW.—All delegated responsibilities tions, and other persons; approves the management plan, the Sec- and actions are subject to review and ap- (2) to enter into cooperative agreements retary shall— proval by the local coordinating entity. with or provide technical assistance to the (I) advise the local coordinating entity, in SEC. 257. DUTIES AND AUTHORITIES OF FEDERAL State, political subdivisions of the State, writing, of the reasons for the disapproval; AGENCIES. nonprofit organizations, and other organiza- and (a) TECHNICAL ASSISTANCE AND GRANTS.— tions; (II) make recommendations for revision of (1) IN GENERAL.—The Secretary may pro- (3) to hire and compensate staff; the management plan. vide technical assistance and, subject to the (4) to obtain funds from any source under (ii) APPROVAL OR DISAPPROVAL.—The Sec- availability of appropriations, grants to— any program or law requiring the recipient retary shall approve or disapprove proposed (A) units of government, nonprofit organi- of funds to make a contribution in order to revisions to the management plan not later zations, and other persons, at the request of receive the funds; and than 60 days after receipt of the revisions the local coordinating entity; and (5) to contract for goods and services. from the local coordinating entity. (B) the local coordinating entity, for use in (d) PROHIBITION OF ACQUISITION OF REAL (b) PRIORITIES.—The local coordinating en- developing and implementing the manage- PROPERTY.—The local coordinating entity tity shall give priority to the implementa- ment plan.

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(2) PROHIBITION OF CERTAIN REQUIRE- resent the area within which Federal funds (c) MAP.—The final boundary of the Herit- MENTS.—The Secretary may not, as a condi- appropriated for the purpose of this title age Area within the counties identified in tion of the award of technical assistance or may be expended. The establishment of the subsection (b)(1) shall be specified in the grants under this subtitle, require any re- Heritage Area and its boundaries shall not be management plan. A map of the Heritage cipient of the technical assistance or a grant construed to provide any nonexisting regu- Area shall be included in the management to enact or modify any land use restriction. latory authority on land use within the Her- plan. The map shall be on file in the appro- (3) DETERMINATIONS REGARDING ASSIST- itage Area or its viewshed by the Secretary, priate offices of the National Park Service, ANCE.—The Secretary shall determine wheth- the National Park Service, or the manage- Department of the Interior. er a unit of government, nonprofit organiza- ment entity. (d) LOCAL COORDINATING ENTITY.— tion, or other person shall be awarded tech- SEC. 259. AUTHORIZATION OF APPROPRIATIONS. (1) IN GENERAL.—The local coordinating en- nical assistance or grants and the amount of (a) IN GENERAL.—There is authorized to be tity for the Heritage Area shall be Terri- technical assistance— appropriated to carry out this subtitle torial Kansas Heritage Alliance, a nonprofit (A) based on the extent to which the assist- $10,000,000, to remain available until ex- organization established in the State of Kan- ance— pended, of which not more than $1,000,000 sas, recognized by the Secretary, in con- (i) fulfills the objectives of the manage- may be authorized to be appropriated for any sultation with the Governors of the States, ment plan; and fiscal year. so long as that Alliance is composed of not (ii) achieves the purposes of this subtitle; (b) FEDERAL SHARE.—The Federal share of less than 25 percent residents of Missouri and and the cost of any activity carried out using agrees to perform the duties of the local co- (B) after giving special consideration to funds made available under this subtitle ordinating entity under this subtitle. projects that provide a greater leverage of shall not exceed 50 percent. (2) AUTHORITIES.—For purposes of devel- Federal funds. SEC. 260. TERMINATION OF AUTHORITY. oping and implementing the management (b) PROVISION OF INFORMATION.—In coopera- The authority of the Secretary to provide plan, the local coordinating entity may— tion with other Federal agencies, the Sec- assistance under this subtitle terminates on (A) make grants to, and enter into cooper- retary shall provide the public with informa- the date that is 15 years after the date of en- ative agreements with, the States, political tion concerning the location and character actment of this Act. subdivisions of the States, and private orga- of the Heritage Area. Subtitle E—Freedom’s Frontier National nizations; (c) OTHER ASSISTANCE.—The Secretary may Heritage Area (B) hire and compensate staff; and enter into cooperative agreements with pub- SEC. 261. SHORT TITLE. (C) enter into contracts for goods and serv- lic and private organizations for the pur- This subtitle may be cited as the ‘‘Free- ices. poses of implementing this subtitle. dom’s Frontier National Heritage Area Act’’. (e) MANAGEMENT PLAN.— (d) DUTIES OF OTHER FEDERAL AGENCIES.— SEC. 262. PURPOSE. (1) IN GENERAL.—Not later than 3 years A Federal entity conducting any activity di- The purpose of this subtitle is to use pres- after the date on which funds are made avail- rectly affecting the Heritage Area shall— ervation, conservation, education, interpre- able to carry out this subtitle, the local co- (1) consider the potential effect of the ac- tation, and recreation in eastern Kansas and ordinating entity shall develop and submit tivity on the management plan; and Western Missouri in heritage development to the Secretary a management plan re- (2) consult with the local coordinating en- and sustainability of the American story rec- viewed by participating units of local gov- tity with respect to the activity to minimize ognized by the American people. ernment within the boundaries of the pro- the adverse effects of the activity on the SEC. 263. DEFINITIONS. posed Heritage Area. Heritage Area. In this subtitle: (2) CONTENTS.—The management plan SEC. 258A. REQUIREMENTS FOR INCLUSION OF (1) HERITAGE AREA.—The term ‘‘Heritage shall— PRIVATE PROPERTY. Area’’ means the Freedom’s Frontier Na- (A) present a comprehensive program for (a) NOTIFICATION AND CONSENT OF PROP- tional Heritage Area in eastern Kansas and the conservation, interpretation, funding, ERTY OWNERS REQUIRED.—No privately western Missouri. management, and development of the Herit- owned property shall be preserved, con- (2) LOCAL COORDINATING ENTITY.—The term age Area, in a manner consistent with the served, or promoted by the management plan ‘‘local coordinating entity’’ means Terri- existing local, State, and Federal land use for the Heritage Area until the owner of that torial Kansas Heritage Alliance, recognized laws and compatible economic viability of private property has been notified in writing by the Secretary, in consultation with the the Heritage Area; by the management entity and has given Governors of the States, that agrees to per- (B) establish criteria or standards to meas- written consent for such preservation, con- form the duties of a local coordinating enti- ure what is selected for conservation, inter- servation, or promotion to the management ty under this subtitle, so long as that Alli- pretation, funding, management, and devel- entity. ance is composed of not less than 25 percent opment; (b) LANDOWNER WITHDRAW.—Any owner of residents of Missouri. (C) involve residents, public agencies, and private property included within the bound- (3) MANAGEMENT PLAN.—The term ‘‘man- private organizations working in the Herit- ary of the Heritage Area shall have their agement plan’’ means the management plan age Area; property immediately removed from the for the Heritage Area developed under sec- (D) specify and coordinate, as of the date of boundary by submitting a written request to tion 264(e). the management plan, existing and potential the management entity. (4) SECRETARY.—The term ‘‘Secretary’’ sources of technical and financial assistance SEC. 258B. PRIVATE PROPERTY PROTECTION. means the Secretary of the Interior. under this and other Federal laws to protect, (a) ACCESS TO PRIVATE PROPERTY.—Noth- (5) STATE.—The term ‘‘State’’ means each manage, and develop the Heritage Area; and ing in this title shall be construed to— of the States of Kansas and Missouri. (E) include— (1) require any private property owner to (6) UNIT OF LOCAL GOVERNMENT.—The term (i) actions to be undertaken by units of allow public access (including Federal, ‘‘unit of local government’’ means the gov- government and private organizations to State, or local government access) to such ernment of a State, a political subdivision of protect, conserve, and interpret the re- private property; or a State, or an Indian tribe. sources of the Heritage Area; (2) modify any provision of Federal, State, SEC. 264. FREEDOM’S FRONTIER NATIONAL HER- (ii) an inventory of the resources contained or local law with regard to public access to ITAGE AREA. in the Heritage Area, including a list of any or use of private property. (a) ESTABLISHMENT.—There is established property in the Heritage Area that is related (b) LIABILITY.—Designation of the Heritage in the States the Freedom’s Frontier Na- to the themes of the Heritage Area and that Area shall not be considered to create any li- tional Heritage Area. meets the establishing criteria (such as, but ability, or to have any effect on any liability (b) BOUNDARIES.—The Heritage Area may not exclusive to, visitor readiness) to merit under any other law, of any private property include the following: preservation, restoration, management, de- owner with respect to any persons injured on (1) An area located in eastern Kansas and velopment, or maintenance because of its such private property. western Missouri, consisting of— natural, cultural, historical, or recreational (c) RECOGNITION OF AUTHORITY TO CONTROL (A) Allen, Anderson, Atchison, Bourbon, significance; LAND USE.—Nothing in this title shall be Chautauqua, Cherokee, Clay, Coffey, (iii) policies for resource management in- construed to modify the authority of Fed- Crawford, Douglas, Franklin, Geary, Jack- cluding the development of intergovern- eral, State, or local governments to regulate son, Johnson, Labette, Leavenworth, Linn, mental cooperative agreements, private sec- land use. Miami, Neosho, Pottawatomie, Riley, Shaw- tor agreements, or any combination thereof, (d) PARTICIPATION OF PRIVATE PROPERTY nee, Wabaunsee, Wilson, Woodson, Jefferson, to protect the historical, cultural, rec- OWNERS IN HERITAGE AREA.—Nothing in this Montgomery, Osage, and Wyandotte Coun- reational, and natural resources of the Herit- title shall be construed to require the owner ties in Kansas; and age Area in a manner consistent with sup- of any private property located within the (B) Buchanan, Platte, Clay, Ray, Lafay- porting appropriate and compatible eco- boundaries of the Heritage Area to partici- ette, Jackson, Cass, Johnson, Bates, Vernon, nomic viability; pate in or be associated with the Heritage Barton, and St. Clair Counties in Missouri. (iv) a program for implementation of the Area. (2) Contributing sites, buildings, and dis- management plan by the designated local co- (e) EFFECT OF ESTABLISHMENT.—The bound- tricts within the area that are recommended ordinating entity, in cooperation with its aries designated for the Heritage Area rep- by the management plan. partners and units of local government;

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(v) evidence that relevant State, county, (2) the expenses and income of the local co- (b) LIABILITY.—Designation of the Heritage and local plans applicable to the Heritage ordinating entity. Area shall not be considered to create any li- Area have been taken into consideration; (h) AUDIT.—The local coordinating entity ability, or to have any effect on any liability (vi) an analysis of ways in which local, shall— under any other law, of any private property State, and Federal programs may best be co- (1) make available to the Secretary for owner with respect to any persons injured on ordinated to promote the purposes of this audit all records relating to the expenditure such private property. subtitle; and of Federal funds and any matching funds; (c) RECOGNITION OF AUTHORITY TO CONTROL (vii) a business plan that— and LAND USE.—Nothing in this subtitle shall be (I) describes in detail the role, operation, (2) require, with respect to all agreements construed to modify any authority of Fed- financing, and functions of the local coordi- authorizing expenditure of Federal funds by eral, State, or local governments to regulate nating entity for each activity included in other organizations, that the receiving orga- land use. the recommendations contained in the man- nizations make available to the Secretary (d) PARTICIPATION OF PRIVATE PROPERTY agement plan; and for audit all records concerning the expendi- OWNERS IN HERITAGE AREAS.—Nothing in this (II) provides, to the satisfaction of the Sec- ture of the Federal funds and any matching subtitle shall be construed to require the retary, adequate assurances that the local funds. owner of any private property located within coordinating entity is likely to have the fi- (i) USE OF FEDERAL FUNDS.— the boundaries of the Heritage Area to par- nancial resources necessary to implement (1) IN GENERAL.—No Federal funds made ticipate in or be associated with the Heritage the management plan for the Heritage Area, available under this subtitle may be used to Area. including resources to meet matching re- acquire real property or an interest in real (e) LAND USE REGULATION.— quirement for grants awarded under this sub- property. (1) IN GENERAL.—The local coordinating en- title. (2) OTHER SOURCES.—Nothing in this sub- tity shall provide assistance and encourage- (3) CONSIDERATIONS.—In developing and im- title precludes the local coordinating entity ment to State and local governments, pri- plementing the management plan, the local from using Federal funds made available vate organizations, and persons to protect coordinating entity shall consider the inter- under other Federal laws for any purpose for and promote the resources and values of the ests of diverse governmental, business, and which the funds are authorized to be used. Heritage Area. nonprofit groups within the Heritage Area. SEC. 265. TECHNICAL AND FINANCIAL ASSIST- (2) EFFECT.—Nothing in this subtitle— (4) DISQUALIFICATION FROM FUNDING.—If a ANCE; OTHER FEDERAL AGENCIES. (A) affects the authority of the State or proposed management plan is not submitted (a) TECHNICAL AND FINANCIAL ASSIST- local governments to regulate under law any to the Secretary within 3 years after the ANCE.— use of land; or date on which funds are made available to (1) IN GENERAL.—On the request of the local (B) grants any power of zoning or land use carry out this subtitle, the local coordi- coordinating entity, the Secretary may pro- to the local coordinating entity. nating entity shall be ineligible to receive vide technical and financial assistance for (f) PRIVATE PROPERTY.— additional funding under this subtitle until the development and implementation of the (1) IN GENERAL.—The local coordinating en- the date on which the Secretary receives the management plan. tity shall be an advocate for land manage- proposed management plan. (2) PRIORITY FOR ASSISTANCE.—In providing ment practices consistent with the purposes (5) APPROVAL AND DISAPPROVAL OF MANAGE- assistance under paragraph (1), the Secretary of the Heritage Area. MENT PLAN.—The Secretary shall approve or shall give priority to actions that assist in— (2) EFFECT.—Nothing in this subtitle— disapprove the proposed management plan (A) conserving the significant cultural, his- (A) abridges the rights of any person with submitted under this subtitle not later than toric, and natural resources of the Heritage regard to private property; 90 days after receiving such proposed man- Area; and (B) affects the authority of the State or agement plan. (B) providing educational, interpretive, local government regarding private prop- (6) ACTION FOLLOWING DISAPPROVAL.—If the and recreational opportunities consistent erty; or Secretary disapproves a proposed manage- with the purposes of the Heritage Area. (C) imposes any additional burden on any ment plan, the Secretary shall advise the (3) SPENDING FOR NON-FEDERAL PROPERTY.— property owner. local coordinating entity in writing of the The local coordinating entity may expend (g) REQUIREMENTS FOR INCLUSION OF PRI- reasons for the disapproval and shall make Federal funds made available under this sub- VATE PROPERTY.— recommendations for revisions to the pro- title on non-Federal property that— (1) NOTIFICATION AND CONSENT OF PROPERTY posed management plan. The Secretary shall (A) meets the criteria in the approved OWNERS REQUIRED.—No privately owned prop- approve or disapprove a proposed revision management plan; or erty shall be preserved, conserved, or pro- within 90 days after the date it is submitted. (B) is listed or eligible for listing on the moted by the management plan for the Her- (7) APPROVAL OF AMENDMENTS.—The Sec- National Register of Historic Places. itage Area until the owner of that private retary shall review and approve substantial (4) OTHER ASSISTANCE.—The Secretary may property has been notified in writing by the amendments to the management plan. Funds enter into cooperative agreements with pub- management entity and has given written appropriated under this subtitle may not be lic and private organizations to carry out consent for such preservation, conservation, expended to implement any changes made by this subsection. or promotion to the management entity. such amendment until the Secretary ap- (b) OTHER FEDERAL AGENCIES.—Any Fed- (2) LANDOWNER WITHDRAWAL.—Any owner proves the amendment. eral entity conducting or supporting an ac- of private property included within the (8) IMPLEMENTATION.— tivity that directly affects the Heritage Area boundary of the Heritage Area shall have (A) PRIORITIES.—The local coordinating en- shall— their property immediately removed from tity shall give priority to implementing ac- (1) consider the potential effect of the ac- the boundary by submitting a written re- tions described in the management plan, in- tivity on the purposes of the Heritage Area quest to the management entity cluding— and the management plan; SEC. 267. SAVINGS PROVISIONS. (i) assisting units of government and non- (2) consult with the local coordinating en- (a) RULES, REGULATIONS, STANDARDS, AND profit organizations in preserving resources tity regarding the activity; and PERMIT PROCESSES.—Nothing in this subtitle within the Heritage Area; and (3) to the maximum extent practicable, shall be construed to impose any environ- (ii) encouraging local governments to conduct or support the activity to avoid ad- mental, occupational, safety, or other rule, adopt land use policies consistent with the verse effects on the Heritage Area. regulation, standard, or permit process in management of the Heritage Area and the (c) OTHER ASSISTANCE NOT AFFECTED.— the Heritage Area that is different from goals of the management plan. This subtitle does not affect the authority of those that would be applicable if the Herit- (B) PUBLIC MEETINGS.—The local coordi- any Federal official to provide technical or age Area had not been established. nating entity shall conduct public meetings financial assistance under any other law. (b) WATER AND WATER RIGHTS.—Nothing in at least quarterly on the implementation of (d) NOTIFICATION OF OTHER FEDERAL AC- this subtitle shall be construed to authorize the management plan. Not less than 25 per- TIVITIES.—The head of each Federal agency or imply the reservation or appropriation of cent of the public meetings shall be con- shall provide to the Secretary and the local water or water rights. ducted in Missouri. coordinating entity, to the extent prac- (c) NO DIMINISHMENT OF STATE AUTHOR- (f) PUBLIC NOTICE.—The local coordinating ticable, advance notice of all activities that ITY.—Nothing in this subtitle shall be con- entity shall place a notice of each of its pub- may have an impact on the Heritage Area. strued to diminish the authority of the State lic meetings in a newspaper of general cir- to manage fish and wildlife, including the culation in the Heritage Area and shall make SEC. 266. PRIVATE PROPERTY PROTECTION. regulation of fishing and hunting within the the minutes of the meeting available to the (a) ACCESS TO PRIVATE PROPERTY.—Noth- public. ing in this subtitle shall be construed to re- Heritage Area. (g) ANNUAL REPORT.—For any year in quire any private property owner to permit SEC. 268. AUTHORIZATION OF APPROPRIATIONS. which Federal funds have been made avail- public access (including Federal, State, or (a) IN GENERAL.—There is authorized to be able under this subtitle, the local coordi- local government access) to such private appropriated to carry out this subtitle nating entity shall submit to the Secretary property. Nothing in this subtitle shall be $10,000,000, to remain available until ex- an annual report that describes— construed to modify any provision of Fed- pended, of which not more than $1,000,000 (1) the accomplishments of the local co- eral, State, or local law with regard to public may be authorized to be appropriated for any ordinating entity; and access to or use of private lands. fiscal year.

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(b) COST-SHARING REQUIREMENT.—The Fed- (9) The Upper Housatonic Valley National (1) prepare and submit a management plan eral share of the total cost of any activity Heritage Area has been proposed in order to for the Heritage Area to the Secretary in ac- assisted under this subtitle shall be not more heighten appreciation of the region, preserve cordance with section 276; than 50 percent. its natural and historical resources, and im- (2) assist units of local government, re- SEC. 269. TERMINATION OF AUTHORITY. prove the quality of life and economy of the gional planning organizations, and nonprofit The authority of the Secretary to provide area. organizations in implementing the approved assistance under this subtitle terminates on (b) PURPOSES.—The purposes of this sub- management plan by— the date that is 15 years after the date of en- title are as follows: (A) carrying out programs and projects actment of this Act. (1) To establish the Upper Housatonic Val- that recognize, protect and enhance impor- Subtitle F—Upper Housatonic Valley ley National Heritage Area in the State of tant resource values within the Heritage National Heritage Area Connecticut and the Commonwealth of Mas- Area; SEC. 271. SHORT TITLE. sachusetts. (B) establishing and maintaining interpre- This subtitle may be cited as the ‘‘Upper (2) To implement the national heritage tive exhibits and programs within the Herit- Housatonic Valley National Heritage Area area alternative as described in the docu- age Area; Act’’. ment entitled ‘‘Upper Housatonic Valley Na- (C) developing recreational and edu- tional Heritage Area Feasibility Study, cational opportunities in the Heritage Area; SEC. 272. FINDINGS AND PURPOSES. 2003’’. (D) increasing public awareness of and ap- (a) FINDINGS.—Congress finds the fol- preciation for natural, historical, scenic, and lowing: (3) To provide a management framework to cultural resources of the Heritage Area; (1) The upper Housatonic Valley, encom- foster a close working relationship with all (E) protecting and restoring historic sites passing 29 towns in the hilly terrain of west- levels of government, the private sector, and and buildings in the Heritage Area that are ern Massachusetts and northwestern Con- the local communities in the upper consistent with heritage area themes; necticut, is a singular geographical and cul- Housatonic Valley region to conserve the re- (F) ensuring that signs identifying points tural region that has made significant na- gion’s heritage while continuing to pursue of public access and sites of interest are tional contributions through its literary, ar- compatible economic opportunities. posted throughout the Heritage Area; and tistic, musical, and architectural achieve- (4) To assist communities, organizations, (G) promoting a wide range of partnerships ments, its iron, paper, and electrical equip- and citizens in the State of Connecticut and the Commonwealth of Massachusetts in iden- among governments, organizations and indi- ment industries, and its scenic beautifi- viduals to further the purposes of the Herit- cation and environmental conservation ef- tifying, preserving, interpreting, and devel- oping the historical, cultural, scenic, and age Area; forts. (3) consider the interests of diverse units of (2) The upper Housatonic Valley has 139 natural resources of the region for the edu- cational and inspirational benefit of current government, businesses, organizations and properties and historic districts listed on the individuals in the Heritage Area in the prep- National Register of Historic Places, includ- and future generations. SEC. 273. DEFINITIONS. aration and implementation of the manage- ing— ment plan; (A) five National Historic Landmarks— In this subtitle: (1) HERITAGE AREA.—The term ‘‘Heritage (4) conduct meetings open to the public at (i) Edith Wharton’s home, The Mount, least semi-annually regarding the develop- Lenox, Massachusetts; Area’’ means the Upper Housatonic Valley National Heritage Area, established in sec- ment and implementation of the manage- (ii) Herman Melville’s home, Arrowhead, ment plan; Pittsfield, Massachusetts; tion 274. (2) MANAGEMENT ENTITY.—The term ‘‘Man- (5) submit an annual report to the Sec- (iii) W.E.B. DuBois’ Boyhood Homesite, retary for any fiscal year in which the man- Great Barrington, Massachusetts; agement Entity’’ means the management en- tity for the Heritage Area designated by sec- agement entity receives Federal funds under (iv) Mission House, Stockbridge, Massa- this subtitle, setting forth its accomplish- chusetts; and tion 274(d). (3) MANAGEMENT PLAN.—The term ‘‘Man- ments, expenses, and income, including (v) Crane and Company Old Stone Mill Rag grants to any other entities during the year Room, Dalton, Massachusetts; and agement Plan’’ means the management plan for the Heritage Area specified in section 276. for which the report is made; (B) four National Natural Landmarks— (6) make available for audit for any fiscal (i) Bartholomew’s Cobble, Sheffield, Massa- (4) MAP.—The term ‘‘map’’ means the map entitled ‘‘Boundary Map Upper Housatonic year in which it receives Federal funds under chusetts, and Salisbury, Connecticut; this subtitle, all information pertaining to (ii) Beckley Bog, Norfolk, Connecticut; Valley National Heritage Area’’, numbered P17/80,000, and dated February 2003. the expenditure of such funds and any (iii) Bingham Bog, Salisbury, Connecticut; matching funds, and require in all agree- and (5) SECRETARY.—The term ‘‘Secretary’’ means the Secretary of the Interior. ments authorizing expenditures of Federal (iv) Cathedral Pines, Cornwall, Con- funds by other organizations, that the re- necticut. (6) STATE.—The term ‘‘State’’ means the State of Connecticut and the Commonwealth ceiving organizations make available for (3) Writers, artists, musicians, and vaca- such audit all records and other information tioners have visited the region for more than of Massachusetts. SEC. 274. UPPER HOUSATONIC VALLEY NATIONAL pertaining to the expenditure of such funds; 150 years to enjoy its scenic wonders, making and it one of the country’s leading cultural re- HERITAGE AREA. (a) ESTABLISHMENT.—There is established (7) encourage by appropriate means eco- sorts. nomic development that is consistent with (4) The upper Housatonic Valley has made the Upper Housatonic Valley National Herit- age Area. the purposes of the Heritage Area. significant national cultural contributions (b) BOUNDARIES.—The Heritage Area shall (b) AUTHORITIES.—The management entity through such writers as Herman Melville, be comprised of— may, for the purposes of preparing and im- Nathaniel Hawthorne, Edith Wharton, and (1) part of the Housatonic River’s water- plementing the management plan for the W.E.B. DuBois, artists Daniel Chester shed, which extends 60 miles from Lanesboro, Heritage Area, use Federal funds made avail- French and Norman Rockwell, and the per- Massachusetts to Kent, Connecticut; able through this subtitle to— forming arts centers of Tanglewood, Music (2) the towns of Canaan, Colebrook, Corn- (1) make grants to the State of Con- Mountain, Norfolk (Connecticut) Chamber wall, Kent, Norfolk, North Canaan, Salis- necticut and the Commonwealth of Massa- Music Festival, Jacob’s Pillow, and Shake- bury, Sharon, and Warren in Connecticut; chusetts, their political subdivisions, non- speare & Company. and profit organizations and other persons; (5) The upper Housatonic Valley is noted (3) the towns of Alford, Becket, Dalton, (2) enter into cooperative agreements with for its pioneering achievements in the iron, Egremont, Great Barrington, Hancock, or provide technical assistance to the State paper, and electrical generation industries Hinsdale, Lanesboro, Lee, Lenox, Monterey, of Connecticut and the Commonwealth of and has cultural resources to interpret those Mount Washington, New Marlboro, Pitts- Massachusetts, their subdivisions, nonprofit industries. field, Richmond, Sheffield, Stockbridge, organizations, and other interested parties; (6) The region became a national leader in Tyringham, Washington, and West Stock- (3) hire and compensate staff, which shall scenic beautification and environmental con- bridge in Massachusetts. include individuals with expertise in natural, servation efforts following the era of indus- (c) AVAILABILITY OF MAP.—The map shall cultural, and historical resources protection, trialization and deforestation and maintains be on file and available for public inspection and heritage programming; a fabric of significant conservation areas in- in the appropriate offices of the National (4) obtain money or services from any cluding the meandering Housatonic River. Park Service, Department of the Interior. source including any that are provided under (7) Important historical events related to (d) MANAGEMENT ENTITY.—The Upper any other Federal law or program; the American Revolution, Shays’ Rebellion, Housatonic Valley National Heritage Area, (5) contract for goods or services; and and early civil rights took place in the upper Inc. shall be the management entity for the (6) undertake to be a catalyst for any other Housatonic Valley. Heritage Area. activity that furthers the purposes of the (8) The region had an American Indian SEC. 275. AUTHORITIES, PROHIBITIONS, AND DU- Heritage Area and is consistent with the ap- presence going back 10,000 years and Mohi- TIES OF THE MANAGEMENT ENTITY. proved management plan. cans had a formative role in contact with (a) DUTIES OF THE MANAGEMENT ENTITY.— (c) PROHIBITIONS ON THE ACQUISITION OF Europeans during the seventeenth and eight- To further the purposes of the Heritage Area, REAL PROPERTY.—The management entity eenth centuries. the management entity shall— may not use Federal funds received under

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this subtitle to acquire real property, but historic resource protection organizations, (c) RECOGNITION OF AUTHORITY TO CONTROL may use any other source of funding, includ- educational institutions, businesses, and rec- LAND USE.—Nothing in this subtitle shall be ing other Federal funding outside this au- reational organizations; construed to modify the authority of Fed- thority, intended for the acquisition of real (B) the management entity has afforded eral, State, or local governments to regulate property. adequate opportunity, including public hear- land use. SEC. 276. MANAGEMENT PLAN. ings, for public and governmental involve- (d) PARTICIPATION OF PRIVATE PROPERTY (a) IN GENERAL.—The management plan for ment in the preparation of the management OWNERS IN HERITAGE AREA.—Nothing in this the Heritage Area shall— plan; subtitle shall be construed to require the (1) include comprehensive policies, strate- (C) the resource protection and interpreta- owner of any private property located within gies and recommendations for conservation, tion strategies contained in the management the boundaries of the Heritage Area to par- funding, management and development of plan, if implemented, would adequately pro- ticipate in or be associated with the Heritage the Heritage Area; tect the natural, historical, and cultural re- Area. (2) take into consideration existing State, sources of the Heritage Area; and (e) EFFECT OF ESTABLISHMENT.—The bound- county, and local plans in the development (D) the management plan is supported by aries designated for the Heritage Area rep- of the management plan and its implementa- the appropriate State and local officials resent the area within which Federal funds tion; whose cooperation is needed to ensure the ef- appropriated for the purpose of this subtitle (3) include a description of actions that fective implementation of the State and may be expended. The establishment of the governments, private organizations, and in- local aspects of the management plan. Heritage Area and its boundaries shall not be dividuals have agreed to take to protect the (3) ACTION FOLLOWING DISAPPROVAL.—If the construed to provide any nonexisting regu- natural, historical and cultural resources of Secretary disapproves the management plan, latory authority on land use within the Her- the Heritage Area; the Secretary shall advise the management itage Area or its viewshed by the Secretary, (4) specify the existing and potential entity in writing of the reasons therefore the National Park Service, or the manage- sources of funding to protect, manage, and and shall make recommendations for revi- ment entity. develop the Heritage Area in the first 5 years sions to the management plan. The Sec- SEC. 280A. AUTHORIZATION OF APPROPRIA- of implementation; retary shall approve or disapprove a pro- TIONS. (5) include an inventory of the natural, his- posed revision within 60 days after the date (a) IN GENERAL.—There is authorized to be torical, cultural, educational, scenic, and it is submitted. appropriated for the purposes of this subtitle recreational resources of the Heritage Area (4) APPROVAL OF AMENDMENTS.—Substan- not more than $1,000,000 for any fiscal year. related to the themes of the Heritage Area tial amendments to the management plan Not more than a total of $10,000,000 may be that should be preserved, restored, managed, shall be reviewed by the Secretary and ap- appropriated for the Heritage Area under developed, or maintained; proved in the same manner as provided for this subtitle. (6) describe a program of implementation the original management plan. The manage- (b) MATCHING FUNDS.—Federal funding pro- for the management plan including plans for ment entity shall not use Federal funds au- vided under this subtitle may not exceed 50 resource protection, restoration, construc- thorized by this subtitle to implement any percent of the total cost of any assistance or tion, and specific commitments for imple- amendments until the Secretary has ap- grant provided or authorized under this sub- mentation that have been made by the man- proved the amendments. title. agement entity or any government, organi- SEC. 278. DUTIES OF OTHER FEDERAL AGENCIES. SEC. 280B. SUNSET. zation, or individual for the first 5 years of Any Federal agency conducting or sup- The authority of the Secretary to provide implementation; and porting activities directly affecting the Her- assistance under this subtitle shall termi- (7) include an interpretive plan for the Her- itage Area shall— nate on the day occurring 15 years after the itage Area. (1) consult with the Secretary and the date of the enactment of this subtitle. (b) DEADLINE AND TERMINATION OF FUND- management entity with respect to such ac- Subtitle G—Champlain Valley National ING.— tivities; Heritage Partnership (1) DEADLINE.—The management entity (2) cooperate with the Secretary and the shall submit the management plan to the management entity in carrying out their du- SEC. 281. SHORT TITLE. Secretary for approval within 3 years after ties under this subtitle and, to the maximum This subtitle may be cited as the ‘‘Cham- funds are made available for this subtitle. extent practicable, coordinate such activi- plain Valley National Heritage Partnership (2) TERMINATION OF FUNDING.—If the man- ties with the carrying out of such duties; and Act of 2006’’. agement plan is not submitted to the Sec- (3) to the maximum extent practicable, SEC. 282. FINDINGS AND PURPOSES. retary in accordance with this subsection, conduct or support such activities in a man- (a) FINDINGS.—Congress finds that— the management entity shall not qualify for ner which the management entity deter- (1) the Champlain Valley and its extensive Federal funding under this subtitle until mines will not have an adverse effect on the cultural and natural resources have played a such time as the management plan is sub- Heritage Area. significant role in the history of the United mitted to the Secretary. SEC. 279. REQUIREMENTS FOR INCLUSION OF States and the individual States of Vermont SEC. 277. DUTIES AND AUTHORITIES OF THE SEC- PRIVATE PROPERTY. and New York; RETARY. (a) NOTIFICATION AND CONSENT OF PROP- (2) archaeological evidence indicates that (a) TECHNICAL AND FINANCIAL ASSIST- ERTY OWNERS REQUIRED.—No privately the Champlain Valley has been inhabited by ANCE.—The Secretary may, upon the request owned property shall be preserved, con- humans since the last retreat of the glaciers, of the management entity, provide technical served, or promoted by the management plan with the Native Americans living in the area assistance on a reimbursable or non-reim- for the Heritage Area until the owner of that at the time of European discovery being pri- bursable basis and financial assistance to the private property has been notified in writing marily of Iroquois and Algonquin descent; Heritage Area to develop and implement the by the management entity and has given (3) the linked waterways of the champlain approved management plan. The Secretary is written consent for such preservation, con- valley, including the richelieu river in can- authorized to enter into cooperative agree- servation, or promotion to the management ada, played a unique and significant role in ments with the management entity and entity. the establishment and development of the other public or private entities for this pur- (b) LANDOWNER WITHDRAW.—Any owner of United States and canada through several pose. In assisting the Heritage Area, the Sec- private property included within the bound- distinct eras, including— retary shall give priority to actions that in ary of the Heritage Area shall have their (A) the era of European exploration, during general assist in— property immediately removed from the which Samuel de Champlain and other ex- (1) conserving the significant natural, his- boundary by submitting a written request to plorers used the waterways as a means of ac- torical, cultural, and scenic resources of the the management entity. cess through the wilderness; Heritage Area; and SEC. 280. PRIVATE PROPERTY PROTECTION. (B) the era of military campaigns, includ- (2) providing educational, interpretive, and (a) ACCESS TO PRIVATE PROPERTY.—Noth- ing highly significant military campaigns of recreational opportunities consistent with ing in this subtitle shall be construed to— the French and Indian War, the American the purposes of the Heritage Area. (1) require any private property owner to Revolution, and the War of 1812; and (b) APPROVAL AND DISAPPROVAL OF MAN- allow public access (including Federal, (C) the era of maritime commerce, during AGEMENT PLAN.— State, or local government access) to such which canal boats, schooners, and steam- (1) IN GENERAL.—The Secretary shall ap- private property; or ships formed the backbone of commercial prove or disapprove the management plan (2) modify any provision of Federal, State, transportation for the region; not later than 90 days after receiving the or local law with regard to public access to (4) those unique and significant eras are management plan. or use of private property. best described by the theme ‘‘The Making of (2) CRITERIA FOR APPROVAL.—In deter- (b) LIABILITY.—Designation of the Heritage Nations and Corridors of Commerce’’; mining the approval of the management Area shall not be considered to create any li- (5) the artifacts and structures associated plan, the Secretary shall consider whether— ability, or to have any effect on any liability with those eras are unusually well-preserved; (A) the management entity is representa- under any other law, of any private property (6) the Champlain Valley is recognized as tive of the diverse interests of the Heritage owner with respect to any persons injured on having one of the richest collections of his- Area, including governments, natural and such private property. torical resources in North America;

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(7) the history and cultural heritage of the (IV) the portion of the Upper Hudson River (I) GENERAL.—If the Secretary disapproves Champlain Valley are shared with Canada extending south to Saratoga; a management plan under clause (vi), the and the Province of Quebec; (ii) portions of Grand Isle, Franklin, Secretary shall— (8) there are benefits in celebrating and Chittenden, Addison, Rutland, and (aa) advise the management entity in writ- promoting this mutual heritage; Bennington Counties in the State of ing of the reasons for the disapproval; (9) tourism is among the most important Vermont; and (bb) make recommendations for revisions industries in the Champlain Valley, and her- (iii) portions of Clinton, Essex, Warren, to the management plan; and itage tourism in particular plays a signifi- Saratoga and Washington Counties in the (cc) allow the management entity to sub- cant role in the economy of the Champlain State of New York. mit to the Secretary revisions to the man- Valley; (5) SECRETARY.—The term ‘‘Secretary’’ agement plan. (10) it is important to enhance heritage means the Secretary of the Interior. (II) DEADLINE FOR APPROVAL OF REVISION.— tourism in the Champlain Valley while en- (6) STATE.—the term ‘‘State’’ means Not later than 90 days after the date on suring that increased visitation will not im- (A) the State of Vermont; and which a revision is submitted under sub- pair the historical and cultural resources of (B) the State of New York. clause (I)(cc), the Secretary shall approve or the region; (7) THEME.—The term ‘‘theme’’ means the disapprove the revision. (11) according to the 1999 report of the Na- theme ‘‘The Making of Nations and Corridors (viii) AMENDMENT.— tional Park Service entitled ‘‘Champlain of Commerce’’, as the term is used in the 1999 (I) IN GENERAL.—After approval by the Sec- Valley Heritage Corridor Project’’, ‘‘the report of the National Park Service entitled retary of the management plan, the manage- Champlain Valley contains resources and ‘‘Champlain Valley Heritage Corridor ment entity shall periodically— represents a theme ‘The Making of Nations Project’’, that describes the periods of inter- (aa) review the management plan; and and Corridors of Commerce’, that is of out- national conflict and maritime commerce (bb) submit to the Secretary, for review standing importance in United States his- during which the region played a unique and and approval by the Secretary, the rec- tory’’; and significant role in the development of the ommendations of the management entity for (12) it is in the interest of the United United States and Canada. any amendments to the management plan States to preserve and interpret the histor- SEC. 284. HERITAGE PARTNERSHIP. that the management entity considers to be ical and cultural resources of the Champlain (a) ESTABLISHMENT.—There is established appropriate. Valley for the education and benefit of in the region the Champlain Valley National (II) EXPENDITURE OF FUNDS.—No funds present and future generations. Heritage Partnership. made available under this subtitle shall be (b) PURPOSES.—The purposes of this sub- (b) MANAGEMENT ENTITY.— used to implement any amendment proposed title are— (1) DUTIES.— by the management entity under subclause (1) to establish the Champlain Valley Na- (A) IN GENERAL.—The management entity (I) until the Secretary approves the amend- tional Heritage Partnership in the States of shall implement this subtitle. ments. Vermont and New York to recognize the im- (B) MANAGEMENT PLAN.— (2) PARTNERSHIPS.— portance of the historical, cultural, and rec- (i) IN GENERAL.—Not later than 3 years (A) IN GENERAL.—In carrying out this sub- reational resources of the Champlain Valley after the date of enactment of this Act, the title, the management entity may enter into region to the United States; management entity shall develop a manage- partnerships with— (2) to assist the States of Vermont and New ment plan for the Heritage Partnership. (i) the States, including units of local gov- York, including units of local government (ii) EXISTING PLAN.—Pending the comple- ernments in the States; and nongovernmental organizations in the tion and approval of the management plan, (ii) nongovernmental organizations; States, in preserving, protecting, and inter- the management entity may implement the (iii) Indian Tribes; and preting those resources for the benefit of the provisions of this subtitle based on its feder- (iv) other persons in the Heritage Partner- people of the United States; ally authorized plan ‘‘Opportunities for Ac- ship. (3) to use those resources and the theme tion, an Evolving Plan For Lake Cham- (B) GRANTS.—Subject to the availability of ‘‘the making of nations and corridors of com- plain’’. funds, the management entity may provide merce’’ to— (iii) CONTENTS.—The management plan grants to partners under subparagraph (A) to (A) revitalize the economy of communities shall include— assist in implementing this subtitle. in the Champlain Valley; and (I) recommendations for funding, man- (3) PROHIBITION ON THE ACQUISITION OF REAL (B) generate and sustain increased levels of aging, and developing the Heritage Partner- PROPERTY.—The management entity shall tourism in the Champlain Valley; ship; not use Federal funds made available under (4) to encourage— (II) a description of activities to be carried this subtitle to acquire real property or any (A) partnerships among State and local out by public and private organizations to interest in real property. governments and nongovernmental organiza- protect the resources of the Heritage Part- (c) ASSISTANCE FROM SECRETARY.—To tions in the United States; and nership; carry out the purposes of this subtitle, the (B) collaboration with canada and the (III) a list of specific, potential sources of Secretary may provide technical and finan- province of quebec to— funding for the protection, management, and cial assistance to the management entity. (i) interpret and promote the history of the development of the Heritage Partnership; waterways of the Champlain Valley region; (IV) an assessment of the organizational SEC. 285. REQUIREMENTS FOR INCLUSION OF (ii) form stronger bonds between the capacity of the management entity to PRIVATE PROPERTY. United States and Canada; and achieve the goals for implementation; and (a) NOTIFICATION AND CONSENT OF PROP- (iii) promote the international aspects of (V) recommendations of ways in which to ERTY OWNERS REQUIRED.—No privately the Champlain Valley region; and encourage collaboration with Canada and the owned property shall be preserved, con- (5) to provide financial and technical as- Province of Quebec in implementing this served, or promoted by the management plan sistance for the purposes described in para- subtitle. graphs (1) through (4). until (iv) CONSIDERATIONS.—In developing the (1) the management entity notifies the SEC. 283. DEFINITIONS. management plan under clause (i), the man- owner of the private property in writing; and In this subtitle: agement entity shall take into consideration (2) the owner of the private property pro- (1) HERITAGE PARTNERSHIP.—The term existing Federal, State, and local plans re- vides to the management entity written con- ‘‘Heritage Partnership’’ means the Cham- lating to the region. sent for the preservation, conservation, or plain Valley National Heritage Partnership (v) SUBMISSION TO SECRETARY FOR AP- promotion. established by section 104(a). PROVAL.— (2) MANAGEMENT ENTITY.—The term ‘‘man- (I) IN GENERAL.—Not later than 3 years (b) LANDOWNER WITHDRAWAL.—Private agement entity’’ means the Lake Champlain after the date of enactment of this Act, the property included within the boundary of the Basin Program. management entity shall submit the man- Heritage Partnership shall immediately be (3) MANAGEMENT PLAN.—The term ‘‘man- agement plan to the Secretary for approval. withdrawn from the Heritage Partnership if agement plan’’ means the management plan (II) EFFECT OF FAILURE TO SUBMIT.—If a the owner of the property submits a written developed under section 284(b)(1)(B)(i). management plan is not submitted to the request to the management entity. (4) REGION.— Secretary by the date specified in subclause SEC. 286. PRIVATE PROPERTY PROTECTION. (A) IN GENERAL.—The term ‘‘region’’ means (I), the Secretary shall not provide any addi- any area or community in 1 of the States in tional funding under this subtitle until a (a) ACCESS TO PRIVATE PROPERTY.—Noth- which a physical, cultural, or historical re- management plan for the Heritage Partner- ing in this subtitle— source that represents the theme is located. ship is submitted to the Secretary. (1) requires a private property owner to (B) INCLUSIONS.—The term ‘‘region’’ in- (vi) APPROVAL.—Not later than 90 days allow public access (including access by the cludes after receiving the management plan sub- Federal Government or State or local gov- (i) THE LINKED NAVIGABLE WATERWAYS OF.— mitted under clause (v)(I), the Secretary, in ernments) to private property; or (I) Lake Champlain; consultation with the States, shall approve (2) modifies any provision of Federal, (II) Lake George; or disapprove the management plan. State, or local law with respect to public ac- (III) the Champlain Canal; and (vii) ACTION FOLLOWING DISAPPROVAL.— cess to, or use of, private property.

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(b) LIABILITY.—Designation of the Heritage (B) an influx of people of Greek, Chinese, that promotes multiple uses permitted as of Partnership under this subtitle does not cre- Basque, Serb, Croat, Italian, and Hispanic the date of enactment of this Act, without ate any liability, or have any effect on liabil- descent; and managing or regulating land use. ity under any other law, of a private prop- (C) a Native American presence (Western SEC. 291B. DEFINITIONS. erty owner with respect to any persons in- Shoshone, Northern and Southern Paiute, In this subtitle: jured on the private property. and Goshute) that continues in the Great (1) GREAT BASIN.—The term ‘‘Great Basin’’ (c) RECOGNITION OF AUTHORITY TO CONTROL Basin today; means the North American Great Basin. LAND USE.—Nothing in this subtitle modifies (5) the Great Basin housed internment (2) HERITAGE ROUTE.—The term ‘‘Heritage any authority of the Federal Government or camps for Japanese-American citizens dur- Route’’ means the Great Basin National Her- State or local governments to regulate land ing World War II, 1 of which, Topaz, was lo- itage Route established by section 291C(a). use. cated along the Heritage Route; (3) LOCAL COORDINATING ENTITY.—The term (d) PARTICIPATION OF PRIVATE PROPERTY (6) the pioneer heritage of the Heritage ‘‘local coordinating entity’’ means the Great OWNERS.—Nothing in this subtitle requires Route includes the Pony Express route and Basin Heritage Route Partnership estab- the owner of any private property located stations, the Overland Stage, and many ex- lished by section 291C(c). within the boundaries of the Heritage Part- amples of 19th century exploration of the (4) MANAGEMENT PLAN.—The term ‘‘man- nership to participate in, or be associated western United States; agement plan’’ means the plan developed by with the Heritage Partnership. (7) the Native American heritage of the the local coordinating entity under section (e) EFFECT OF ESTABLISHMENT.— Heritage Route dates back thousands of 291E(a). (1) IN GENERAL.—The boundaries designated years and includes— (5) SECRETARY.—The term ‘‘Secretary’’ for the Heritage Partnership represent the (A) archaeological sites; means the Secretary of the Interior, acting area within which Federal funds appro- (B) petroglyphs and pictographs; through the Director of the National Park priated for the purpose of this subtitle shall (C) the westernmost village of the Fremont Service. be expended. culture; and SEC. 291C. GREAT BASIN NATIONAL HERITAGE (2) REGULATORY AUTHORITY.—The establish- (D) communities of Western Shoshone, ROUTE. ment of the Heritage Partnership and the Paiute, and Goshute tribes; (a) ESTABLISHMENT.—There is established boundaries of the Heritage Partnership do (8) the Heritage Route contains multiple the Great Basin National Heritage Route to not provide any regulatory authority that is biologically diverse ecological communities provide the public with access to certain his- not in existence on the date of enactment of that are home to exceptional species such torical, cultural, natural, scenic, and rec- this Act relating to land use within the Her- as— reational resources in White Pine County, itage Partnership or the viewshed of the Her- (A) bristlecone pines, the oldest living Nevada, Millard County, Utah, and the itage Partnership by the Secretary, the Na- trees in the world; Duckwater Shoshone Reservation in the tional Park Service, or the management en- (B) wildlife adapted to harsh desert condi- State of Nevada, as designated by the local tity. tions; coordinating entity. SEC. 287. EFFECT. (C) unique plant communities, lakes, and (b) BOUNDARIES.—The local coordinating Nothing in this subtitle— streams; and entity shall determine the specific bound- (1) grants powers of zoning or land use to (D) native Bonneville cutthroat trout; aries of the Heritage Route. the management entity; or (9) the air and water quality of the Herit- (c) LOCAL COORDINATING ENTITY.— (2) obstructs or limits private business de- age Route is among the best in the United (1) IN GENERAL.—The Great Basin Heritage velopment activities or resource develop- States, and the clear air permits outstanding viewing of the night skies; Route Partnership shall serve as the local ment activities. coordinating entity for the Heritage Route. SEC. 288. AUTHORIZATION OF APPROPRIATIONS. (10) the Heritage Route includes unique and outstanding geologic features such as (2) BOARD OF DIRECTORS.—The Great Basin (a) IN GENERAL.—There is authorized to be Heritage Route Partnership shall be gov- appropriated to carry out this subtitle not numerous limestone caves, classic basin and range topography with playa lakes, alluvial erned by a board of directors that consists more than a total of $10,000,000, of which not of— more than $1,000,000 may be made available fans, volcanics, cold and hot springs, and rec- ognizable features of ancient Lake Bonne- (A) 4 members who are appointed by the for any fiscal year. Board of County Commissioners for Millard (b) NON-FEDERAL SHARE.—The non-Federal ville; (11) the Heritage Route includes an un- County, Utah; share of the cost of any activities carried out (B) 4 members who are appointed by the using Federal funds made available under usual variety of open space and recreational and educational opportunities because of the Board of County Commissioners for White subsection (a) shall be not less than 50 per- Pine County, Nevada; and cent. great quantity of ranching activity and pub- lic land (including city, county, and State (C) a representative appointed by each Na- SEC. 109. TERMINATION OF AUTHORITY. parks, national forests, Bureau of Land Man- tive American Tribe participating in the The authority of the Secretary to provide Heritage Route. assistance under this subtitle terminates on agement land, and a national park); SEC. 291D. MEMORANDUM OF UNDERSTANDING. the date that is 15 years after the date of en- (12) there are significant archaeological, (a) IN GENERAL.—In carrying out this sub- actment of this Act. historical, cultural, natural, scenic, and rec- reational resources in the Great Basin to title, the Secretary, in consultation with the Subtitle H—Great Basin National Heritage merit the involvement of the Federal Gov- Governors of the States of Nevada and Utah Route ernment in the development, in cooperation and the tribal government of each Indian SEC. 291. SHORT TITLE. with the Great Basin Heritage Route Part- tribe participating in the Heritage Route, This subtitle may be cited as the ‘‘Great nership and other local and governmental shall enter into a memorandum of under- Basin National Heritage Route Act’’. entities, of programs and projects to— standing with the local coordinating entity. SEC. 291A. FINDINGS AND PURPOSES. (A) adequately conserve, protect, and in- (b) INCLUSIONS.—The memorandum of un- (a) FINDINGS.—Congress finds that— terpret the heritage of the Great Basin for derstanding shall include information relat- (1) the natural, cultural, and historic herit- present and future generations; and ing to the objectives and management of the age of the North American Great Basin is na- (B) provide opportunities in the Great Heritage Route, including— tionally significant; Basin for education; and (1) a description of the resources of the (2) communities along the Great Basin (13) the Great Basin Heritage Route Part- Heritage Route; Heritage Route (including the towns of nership shall serve as the local coordinating (2) a discussion of the goals and objectives Delta, Utah, Ely, Nevada, and the sur- entity for a Heritage Route established in of the Heritage Route, including— rounding communities) are located in a clas- the Great Basin. (A) an explanation of the proposed ap- sic western landscape that contains long nat- (b) PURPOSES.—The purposes of this sub- proach to conservation, development, and in- ural vistas, isolated high desert valleys, title are— terpretation; and mountain ranges, ranches, mines, historic (1) to foster a close working relationship (B) a general outline of the anticipated railroads, archaeological sites, and tribal with all levels of government, the private protection and development measures; communities; sector, and the local communities within (3) a description of the local coordinating (3) the Native American, pioneer, ranching, White Pine County, Nevada, Millard County, entity; mining, timber, and railroad heritages asso- Utah, and the Duckwater Shoshone Reserva- (4) a list and statement of the financial ciated with the Great Basin Heritage Route tion; commitment of the initial partners to be in- include the social history and living cultural (2) to enable communities referred to in volved in developing and implementing the traditions of a rich diversity of nationalities; paragraph (1) to conserve their heritage management plan; and (4) the pioneer, Mormon, and other reli- while continuing to develop economic oppor- (5) a description of the role of the States of gious settlements, and ranching, timber, and tunities; and Nevada and Utah in the management of the mining activities of the region played and (3) to conserve, interpret, and develop the Heritage Route. continue to play a significant role in the de- archaeological, historical, cultural, natural, (c) ADDITIONAL REQUIREMENTS.—In devel- velopment of the United States, shaped by— scenic, and recreational resources related to oping the terms of the memorandum of un- (A) the unique geography of the Great the unique ranching, industrial, and cultural derstanding, the Secretary and the local co- Basin; heritage of the Great Basin, in a manner ordinating entity shall—

VerDate Aug 31 2005 02:06 Jul 25, 2006 Jkt 049060 PO 00000 Frm 00035 Fmt 4634 Sfmt 0634 E:\CR\FM\A24JY7.015 H24JYPT1 jcorcoran on PROD1PC62 with HOUSE H5604 CONGRESSIONAL RECORD — HOUSE July 24, 2006 (1) provide opportunities for local partici- (B) is consistent with and complements in the cost estimates for implementation) to pation; and continued economic activity along the Herit- the management plan to the Secretary for (2) include terms that ensure, to the max- age Route; approval by the Secretary; and imum extent practicable, timely implemen- (C) has a high potential for effective part- (5) for any year for which Federal funds are tation of all aspects of the memorandum of nership mechanisms; received under this subtitle— understanding. (D) avoids infringing on private property (A) submit to the Secretary a report that (d) AMENDMENTS.— rights; and describes, for the year— (1) IN GENERAL.—The Secretary shall re- (E) provides methods to take appropriate (i) the accomplishments of the local co- view any amendments of the memorandum action to ensure that private property rights ordinating entity; of understanding proposed by the local co- are observed. (ii) the expenses and income of the local ordinating entity or the Governor of the (3) ACTION FOLLOWING DISAPPROVAL.—If the coordinating entity; and State of Nevada or Utah. Secretary disapproves a management plan (iii) each entity to which any loan or grant (2) USE OF FUNDS.—Funds made available under paragraph (1), the Secretary shall— was made; under this subtitle shall not be expended to (A) advise the local coordinating entity in (B) make available for audit all records implement a change made by a proposed writing of the reasons for the disapproval; pertaining to the expenditure of the funds amendment described in paragraph (1) until (B) make recommendations for revisions to and any matching funds; and the Secretary approves the amendment. the management plan; and (C) require, for all agreements authorizing (C) not later than 90 days after the receipt the expenditure of Federal funds by any enti- SEC. 291E. MANAGEMENT PLAN. of any proposed revision of the management ty, that the receiving entity make available (a) IN GENERAL.—Not later than 3 years plan from the local coordinating entity, ap- for audit all records pertaining to the ex- after the date on which funds are made avail- prove or disapprove the proposed revision. penditure of the funds. able to carry out this subtitle, the local co- (e) IMPLEMENTATION.—On approval of the (c) PROHIBITION ON THE ACQUISITION OF ordinating entity shall develop and submit management plan as provided in subsection REAL PROPERTY.—The local coordinating en- to the Secretary for approval a management (d)(1), the local coordinating entity, in con- tity shall not use Federal funds made avail- plan for the Heritage Route that— junction with the Secretary, shall take ap- able under this subtitle to acquire real prop- (1) specifies— propriate steps to implement the manage- erty or any interest in real property. (A) any resources designated by the local ment plan. (d) PROHIBITION ON THE REGULATION OF coordinating entity under section 291C(a); (f) AMENDMENTS.— LAND USE.—The local coordinating entity and (1) IN GENERAL.—The Secretary shall re- shall not regulate land use within the Herit- (B) the specific boundaries of the Heritage view each amendment to the management age Route. Route, as determined under section 291C(b); plan that the Secretary determines may SEC. 291G. DUTIES AND AUTHORITIES OF FED- and make a substantial change to the manage- ERAL AGENCIES. (2) presents clear and comprehensive rec- ment plan. (a) TECHNICAL AND FINANCIAL ASSIST- ommendations for the conservation, funding, (2) USE OF FUNDS.—Funds made available ANCE.— management, and development of the Herit- under this subtitle shall not be expended to (1) IN GENERAL.—The Secretary may, on re- age Route. implement an amendment described in para- quest of the local coordinating entity, pro- graph (1) until the Secretary approves the (b) CONSIDERATIONS.—In developing the vide technical and financial assistance to de- management plan, the local coordinating en- amendment. velop and implement the management plan tity shall— SEC. 291F. AUTHORITY AND DUTIES OF LOCAL and memorandum of understanding. (1) provide for the participation of local COORDINATING ENTITY. (2) PRIORITY FOR ASSISTANCE.—In providing (a) AUTHORITIES.—The local coordinating residents, public agencies, and private orga- assistance under paragraph (1), the Secretary entity may, for purposes of preparing and nizations located within the counties of Mil- shall, on request of the local coordinating implementing the management plan, use lard County, Utah, White Pine County, Ne- entity, give priority to actions that assist funds made available under this subtitle to— vada, and the Duckwater Shoshone Reserva- in— (1) make grants to, and enter into coopera- tion in the protection and development of re- (A) conserving the significant archae- tive agreements with, a State (including a sources of the Heritage Route, taking into ological, historical, cultural, natural, scenic, political subdivision), an Indian tribe, a pri- consideration State, tribal, county, and local and recreational resources of the Heritage vate organization, or any person; and land use plans in existence on the date of en- Route; and (2) hire and compensate staff. actment of this Act; (B) providing education, interpretive, and (b) DUTIES.—In addition to developing the (2) identify sources of funding; recreational opportunities, and other uses management plan, the local coordinating en- consistent with those resources. (3) include— tity shall— (A) a program for implementation of the (b) APPLICATION OF FEDERAL LAW.—The es- (1) give priority to implementing the tablishment of the Heritage Route shall have management plan by the local coordinating memorandum of understanding and the man- entity, including— no effect on the application of any Federal agement plan, including taking steps to— law to any property within the Heritage (i) plans for restoration, stabilization, re- (A) assist units of government, regional Route. habilitation, and construction of public or planning organizations, and nonprofit orga- tribal property; and SEC. 291H. LAND USE REGULATION; APPLICA- nizations in— BILITY OF FEDERAL LAW. (ii) specific commitments by the identified (i) establishing and maintaining interpre- (a) LAND USE REGULATION.—Nothing in this partners referred to in section 291D(b)(4) for tive exhibits along the Heritage Route; subtitle— the first 5 years of operation; and (ii) developing recreational resources along (1) modifies, enlarges, or diminishes any (B) an interpretation plan for the Heritage the Heritage Route; authority of the Federal, State, tribal, or Route; and (iii) increasing public awareness of and ap- local government to regulate by law (includ- (4) develop a management plan that will preciation for the archaeological, historical, ing by regulation) any use of land; or not infringe on private property rights with- cultural, natural, scenic, and recreational re- (2) grants any power of zoning or land use out the consent of the owner of the private sources and sites along the Heritage Route; to the local coordinating entity. property. and (b) APPLICABILITY OF FEDERAL LAW.—Noth- (c) FAILURE TO SUBMIT.—If the local coordi- (iv) if requested by the owner, restoring, ing in this subtitle— nating entity fails to submit a management stabilizing, or rehabilitating any private, (1) imposes on the Heritage Route, as a re- plan to the Secretary in accordance with public, or tribal historical building relating sult of the designation of the Heritage subsection (a), the Heritage Route shall no to the themes of the Heritage Route; Route, any regulation that is not applicable longer qualify for Federal funding. (B) encourage economic viability and di- to the area within the Heritage Route as of (d) APPROVAL AND DISAPPROVAL OF MAN- versity along the Heritage Route in accord- the date of enactment of this Act; or AGEMENT PLAN.— ance with the objectives of the management (2) authorizes any agency to promulgate a (1) IN GENERAL.—Not later than 90 days plan; and regulation that applies to the Heritage after receipt of a management plan under (C) encourage the installation of clear, Route solely as a result of the designation of subsection (a), the Secretary, in consultation consistent, and environmentally appropriate the Heritage Route under this subtitle. with the Governors of the States of Nevada signage identifying access points and sites of SEC. 291I. AUTHORIZATION OF APPROPRIATIONS. and Utah, shall approve or disapprove the interest along the Heritage Route; (a) IN GENERAL.—There is authorized to be management plan. (2) consider the interests of diverse govern- appropriated to carry out this subtitle (2) CRITERIA.—In determining whether to mental, business, and nonprofit groups asso- $10,000,000, of which not more than $1,000,000 approve a management plan, the Secretary ciated with the Heritage Route; may be made available for any fiscal year. shall consider whether the management (3) conduct public meetings in the region of (b) COST SHARING.— plan— the Heritage Route at least semiannually re- (1) FEDERAL SHARE.—The Federal share of (A) has strong local support from a diver- garding the implementation of the manage- the cost of any activity assisted under this sity of landowners, business interests, non- ment plan; subtitle shall not exceed 50 percent. profit organizations, and governments asso- (4) submit substantial amendments (in- (2) FORM OF NON-FEDERAL SHARE.—The non- ciated with the Heritage Route; cluding any increase of more than 20 percent Federal share may be in the form of in-kind

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(2) assist units of local government and the date that is 15 years after the date of en- (2) HERITAGE CORRIDOR.—The term ‘‘Herit- other persons in implementing the approved actment of this Act. age Corridor’’ means the Gullah/Geechee management plan by— SEC. 291K. REQUIREMENTS FOR INCLUSION OF Cultural Heritage Corridor established by (A) carrying out programs and projects PRIVATE PROPERTY. section 295C(a). that recognize, protect, and enhance impor- (a) NOTIFICATION AND CONSENT OF PROP- (3) SECRETARY.—The term ‘‘Secretary’’ tant resource values within the Heritage ERTY OWNERS REQUIRED.—No privately means the Secretary of the Interior. Corridor; owned property shall be preserved, con- SEC. 295C. GULLAH/GEECHEE CULTURAL HERIT- (B) establishing and maintaining interpre- served, or promoted by the management plan AGE CORRIDOR. tive exhibits and programs within the Herit- for the Heritage Route until the owner of (a) ESTABLISHMENT.—There is established age Corridor; that private property has been notified in the Gullah/Geechee Cultural Heritage Cor- (C) developing recreational and edu- writing by the management entity and has ridor. cational opportunities in the Heritage Cor- given written consent for such preservation, (b) BOUNDARIES.— ridor; conservation, or promotion to the manage- (1) IN GENERAL.—The Heritage Corridor (D) increasing public awareness of and ap- ment entity. shall be comprised of those lands and waters preciation for the historical, cultural, nat- (b) LANDOWNER WITHDRAW.—Any owner of generally depicted on a map entitled ural, and scenic resources of the Heritage private property included within the bound- ‘‘Gullah/Geechee Cultural Heritage Cor- Corridor; ary of the Heritage Route shall have their ridor’’ numbered GGCHC 80,000 and dated (E) protecting and restoring historic sites property immediately removed from the September 2004. The map shall be on file and and buildings in the Heritage Corridor that boundary by submitting a written request to available for public inspection in the appro- are consistent with Heritage Corridor the management entity. priate offices of the National Park Service themes; SEC. 291L. PRIVATE PROPERTY PROTECTION. and in an appropriate State office in each of (F) ensuring that clear, consistent, and ap- propriate signs identifying points of public (a) ACCESS TO PRIVATE PROPERTY.—Noth- the States included in the Heritage Corridor. ing in this title shall be construed to— The Secretary shall publish in the Federal access and sites of interest are posted (1) require any private property owner to Register, as soon as practicable after the throughout the Heritage Corridor; and allow public access (including Federal, date of enactment of this Act, a detailed de- (G) promoting a wide range of partnerships among governments, organizations, and indi- State, or local government access) to such scription and map of the boundaries estab- viduals to further the purposes of the Herit- private property; or lished under this subsection. age Corridor; (2) modify any provision of Federal, State, (2) REVISIONS.—The boundaries of the Her- (3) consider the interests of diverse units of or local law with regard to public access to itage Corridor may be revised if the revision government, business, organizations, and in- or use of private property. is— dividuals in the Heritage Corridor in the (b) LIABILITY.—Designation of the Heritage (A) proposed in the management plan de- preparation and implementation of the man- Route shall not be considered to create any veloped for the Heritage Corridor; agement plan; liability, or to have any effect on any liabil- (B) approved by the Secretary in accord- (4) conduct meetings open to the public at ity under any other law, of any private prop- ance with this subtitle; and least quarterly regarding the development erty owner with respect to any persons in- (C) placed on file in accordance with para- and implementation of the management jured on such private property. graph (1). plan; (c) RECOGNITION OF AUTHORITY TO CONTROL (c) ADMINISTRATION.—The Heritage Cor- (5) submit an annual report to the Sec- LAND USE.—Nothing in this title shall be ridor shall be administered in accordance retary for any fiscal year in which the local construed to modify the authority of Fed- with the provisions of this subtitle. coordinating entity receives Federal funds eral, State, or local governments to regulate SEC. 295D. GULLAH/GEECHEE CULTURAL HERIT- under this subtitle, setting forth its accom- land use. AGE CORRIDOR COMMISSION. plishments, expenses, and income, including (d) PARTICIPATION OF PRIVATE PROPERTY (a) ESTABLISHMENT.—There is hereby es- grants made to any other entities during the OWNERS IN HERITAGE ROUTE.—Nothing in this tablished a local coordinating entity to be title shall be construed to require the owner known as the ‘‘Gullah/Geechee Cultural Her- year for which the report is made; of any private property located within the itage Corridor Commission’’ whose purpose (6) make available for audit for any fiscal boundaries of the Heritage Route to partici- shall be to assist Federal, State, and local year in which it receives Federal funds under pate in or be associated with the Heritage authorities in the development and imple- this subtitle, all information pertaining to Route. mentation of a management plan for those the expenditure of such funds and any (e) EFFECT OF ESTABLISHMENT.—The bound- land and waters specified in section 295C(b). matching funds, and require all agreements aries designated for the Heritage Route rep- (b) MEMBERSHIP.—The local coordinating authorizing expenditures of Federal funds by resent the area within which Federal funds entity shall be composed of 15 members ap- other organizations, that the receiving orga- appropriated for the purpose of this title pointed by the Secretary as follows: nization make available for audit all records may be expended. The establishment of the (1) Four individuals nominated by the and other information pertaining to the ex- Heritage Route and its boundaries shall not State Historic Preservation Officer of South penditure of such funds; and be construed to provide any nonexisting reg- Carolina and two individuals each nominated (7) encourage by appropriate means eco- ulatory authority on land use within the by the State Historic Preservation Officer of nomic viability that is consistent with the Heritage Route or its viewshed by the Sec- each of Georgia, North Carolina, and Florida purposes of the Heritage Corridor. (b) AUTHORITIES.—The local coordinating retary, the National Park Service, or the and appointed by the Secretary. entity may, for the purposes of preparing management entity. (2) Two individuals from South Carolina and one individual from each of Georgia, and implementing the management plan, use Subtitle I—Gullah/Geechee Heritage Corridor North Carolina, and Florida who are recog- funds made available under this subtitle to— SEC. 295. SHORT TITLE. nized experts in historic preservation, an- (1) make grants to, and enter into coopera- This subtitle may be cited as the ‘‘Gullah/ thropology, and folklore, appointed by the tive agreements with, the States of South Geechee Cultural Heritage Act’’. Secretary. Carolina, North Carolina, Florida, and Geor- SEC. 295A. PURPOSES. (c) TERMS.—Members of the local coordi- gia, political subdivisions of those States, a The purposes of this subtitle are to— nating entity shall be appointed to terms not nonprofit organization, or any person; (1) recognize the important contributions to exceed 3 years. The Secretary may stagger (2) hire and compensate staff; made to American culture and history by Af- the terms of the initial appointments to the (3) obtain funds from any source including rican Americans known as the Gullah/ local coordinating entity in order to assure any that are provided under any other Fed- Geechee who settled in the coastal counties continuity of operation. Any member of the eral law or program; and of South Carolina, Georgia, North Carolina, local coordinating entity may serve after the (4) contract for goods and services. and Florida; expiration of their term until a successor is SEC. 295F. MANAGEMENT PLAN. (2) assist State and local governments and appointed. A vacancy shall be filled in the (a) IN GENERAL.—The management plan for public and private entities in South Caro- same manner in which the original appoint- the Heritage Corridor shall— lina, Georgia, North Carolina, and Florida in ment was made. (1) include comprehensive policies, strate- interpreting the story of the Gullah/Geechee (d) TERMINATION.—The local coordinating gies, and recommendations for conservation, and preserving Gullah/Geechee folklore, arts, entity shall terminate 10 years after the date funding, management, and development of crafts, and music; and of enactment of this Act. the Heritage Corridor; (3) assist in identifying and preserving SEC. 295E. OPERATION OF THE LOCAL COORDI- (2) take into consideration existing State, sites, historical data, artifacts, and objects NATING ENTITY. county, and local plans in the development associated with the Gullah/Geechee for the (a) DUTIES OF THE LOCAL COORDINATING EN- of the management plan and its implementa- benefit and education of the public. TITY.—To further the purposes of the Herit- tion;

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LAND USE.—Nothing in this subtitle shall be the Heritage Corridor; (a) IN GENERAL.—Upon a request of the construed to modify any authority of Fed- (4) specify the existing and potential local coordinating entity, the Secretary may eral, State, or local governments to regulate sources of funding to protect, manage, and provide technical and financial assistance land use. develop the Heritage Corridor in the first 5 for the development and implementation of (d) PARTICIPATION OF PRIVATE PROPERTY years of implementation; the management plan. OWNERS IN HERITAGE CORRIDOR.—Nothing in (5) include an inventory of the historical, (b) PRIORITY FOR ASSISTANCE.—In providing this subtitle shall be construed to require cultural, natural, resources of the Heritage assistance under subsection (a), the Sec- the owner of any private property located Corridor related to the themes of the Herit- retary shall give priority to actions that as- within the boundaries of the Heritage Cor- age Corridor that should be preserved, re- sist in— ridor to participate in or be associated with stored, managed, developed, or maintained; (1) conserving the significant cultural, his- the Heritage Corridor. (6) recommend policies and strategies for torical, and natural resources of the Herit- (e) EFFECT OF ESTABLISHMENT.—The bound- resource management that consider and de- age Corridor; and aries designated for the Heritage Corridor tail the application of appropriate land and (2) providing educational and interpretive represent the area within which Federal water management techniques, including the opportunities consistent with the purposes of funds appropriated for the purpose of this development of intergovernmental and inter- the Heritage Corridor. subtitle shall be expended. The establish- agency cooperative agreements to protect (c) SPENDING FOR NON-FEDERAL PROP- ment of the Heritage Corridor and its bound- the Heritage Corridor’s historical, cultural, ERTY.— aries shall not be construed to provide any and natural resources; (1) IN GENERAL.—The local coordinating en- nonexisting regulatory authority on land use (7) describe a program for implementation tity may expend Federal funds made avail- within the Heritage Corridor or its viewshed of the management plan including plans for able under this subtitle on nonfederally by the Secretary or the local coordinating resources protection, restoration, construc- owned property that is— entity. tion, and specific commitments for imple- (A) identified in the management plan; or (f) NOTIFICATION AND CONSENT OF PROPERTY mentation that have been made by the local (B) listed or eligible for listing on the Na- OWNERS REQUIRED.—No privately owned coordinating entity or any government, or- tional Register for Historic Places. property shall be preserved, conserved, or ganization, or individual for the first 5 years (2) AGREEMENTS.—Any payment of Federal promoted by the management plan for the of implementation; funds made pursuant to this subtitle shall be Heritage Corridor until the owner of that (8) include an analysis and recommenda- subject to an agreement that conversion, private property has been notified in writing tions for the ways in which Federal, State, use, or disposal of a project so assisted for by the local coordinating entity and has or local programs may best be coordinated to purposes contrary to the purposes of this given written consent for such preservation, further the purposes of this subtitle; and subtitle, as determined by the Secretary, conservation, or promotion to the local co- (9) include an interpretive plan for the Her- shall result in a right of the United States to ordinating entity. itage Corridor. compensation of all funds made available to (g) LANDOWNER WITHDRAWAL.—Any owner of private property included within the (b) SUBMITTAL OF MANAGEMENT PLAN.—The that project or the proportion of the in- local coordinating entity shall submit the creased value of the project attributable to boundary of the Heritage Corridor shall have management plan to the Secretary for ap- such funds as determined at the time of such their property immediately removed from proval not later than 3 years after funds are conversion, use, or disposal, whichever is within the boundary by submitting a written made available for this subtitle. greater. request to the local coordinating entity. SEC. 295K. AUTHORIZATION OF APPROPRIA- (c) FAILURE TO SUBMIT.—If the local coordi- SEC. 295H. DUTIES OF OTHER FEDERAL AGEN- TIONS. nating entity fails to submit the manage- CIES. (a) IN GENERAL.—There is authorized to be ment plan to the Secretary in accordance Any Federal agency conducting or sup- appropriated for the purposes of this subtitle with subsection (b), the Heritage Corridor porting activities directly affecting the Her- not more than $1,000,000 for any fiscal year. shall not qualify for Federal funding until itage Corridor shall— Not more than a total of $10,000,000 may be the management plan is submitted. (1) consult with the Secretary and the appropriated for the Heritage Corridor under PPROVAL OR DISAPPROVAL OF MANAGE- local coordinating entity with respect to (d) A this subtitle. MENT PLAN.— such activities; (2) cooperate with the Secretary and the (b) COST SHARE.—Federal funding provided (1) IN GENERAL.—The Secretary shall ap- under this subtitle may not exceed 50 per- prove or disapprove the management plan local coordinating entity in carrying out their duties under this subtitle and, to the cent of the total cost of any activity for not later than 90 days after receiving the which assistance is provided under this sub- management plan. maximum extent practicable, coordinate such activities with the carrying out of such title. (2) CRITERIA.—In determining whether to (c) IN-KIND CONTRIBUTIONS.—The Secretary approve the management plan, the Secretary duties; and (3) to the maximum extent practicable, may accept in-kind contributions as part of shall consider whether— the non-Federal cost share of any activity (A) the local coordinating entity has af- conduct or support such activities in a man- ner in which the local coordinating entity for which assistance is provided under this forded adequate opportunity, including pub- subtitle. lic hearings, for public and governmental in- determines will not have an adverse effect on SEC. 295L. TERMINATION OF AUTHORITY. volvement in the preparation of the manage- the Heritage Corridor. SEC. 295I. COASTAL HERITAGE CENTERS. The authority of the Secretary to provide ment plan; assistance under this subtitle terminates on (B) the resource preservation and interpre- In furtherance of the purposes of this sub- title and using the authorities made avail- the date that is 15 years after the date of en- tation strategies contained in the manage- actment of this Act. ment plan would adequately protect the cul- able under this subtitle, the local coordi- tural and historic resources of the Heritage nating entity shall establish one or more Subtitle J—Crossroads of the American Corridor; and Coastal Heritage Centers at appropriate lo- Revolution National Heritage Area (C) the Secretary has received adequate as- cations within the Heritage Corridor in ac- SEC. 297. SHORT TITLE. surances from appropriate State and local cordance with the preferred alternative iden- This subtitle may be cited as the ‘‘Cross- officials whose support is needed to ensure tified in the Record of Decision for the Low roads of the American Revolution National the effective implementation of the State Country Gullah Culture Special Resource Heritage Area Act of 2006’’. and local aspects of the plan. Study and Environmental Impact Study, De- SEC. 297A. FINDINGS AND PURPOSES. (3) ACTION FOLLOWING DISAPPROVAL.—If the cember 2003, and additional appropriate (a) FINDINGS.—Congress finds that— Secretary disapproves the management plan, sites. (1) the State of New Jersey was critically the Secretary shall advise the local coordi- SEC. 295J. PRIVATE PROPERTY PROTECTION. important during the American Revolution nating entity in writing of the reasons there- (a) ACCESS TO PRIVATE PROPERTY.—Noth- because of the strategic location of the State fore and shall make recommendations for re- ing in this subtitle shall be construed to re- between the British armies headquartered in visions to the management plan. The Sec- quire any private property owner to permit New York City, New York, and the Conti- retary shall approve or disapprove a pro- public access (including Federal, State, or nental Congress in the city of Philadelphia, posed revision not later than 60 days after local government access) to such private Pennsylvania; the date it is submitted. property. Nothing in this subtitle shall be (2) General George Washington spent al- (4) APPROVAL OF AMENDMENTS.—Substan- construed to modify any provision of Fed- most half of the period of the American Rev- tial amendments to the management plan eral, State, or local law with regard to public olution personally commanding troops of the shall be reviewed and approved by the Sec- access to or use of private lands. Continental Army in the State of New Jer- retary in the same manner as provided in the (b) LIABILITY.—Designation of the Heritage sey, including 2 severe winters spent in en- original management plan. The local coordi- Corridor shall not be considered to create campments in the area that is now Morris- nating entity shall not use Federal funds au- any liability, or to have any effect on any li- town National Historical Park, a unit of the thorized by this subtitle to implement any ability under any other law, of any private National Park System;

VerDate Aug 31 2005 02:06 Jul 25, 2006 Jkt 049060 PO 00000 Frm 00038 Fmt 4634 Sfmt 0634 E:\CR\FM\A24JY7.015 H24JYPT1 jcorcoran on PROD1PC62 with HOUSE July 24, 2006 CONGRESSIONAL RECORD — HOUSE H5607 (3) it was during the 10 crucial days of the (B) the importance of the State to the (4) identify existing and potential sources American Revolution between December 25, United States; of funding for the protection, management, 1776, and January 3, 1777, that General Wash- (2) to foster a close working relationship and development of the Heritage Area during ington, after retreating across the State of among all levels of government, the private the first 5 years of implementation of the New Jersey from the State of New York to sector, and local communities in the State; management plan; and the Commonwealth of Pennsylvania in the (3) to provide for the management, preser- (5) include— face of total defeat, recrossed the Delaware vation, protection, and interpretation of the (A) an inventory of the cultural, edu- River on the night of December 25, 1776, and cultural, historic, and natural resources of cational, historic, natural, recreational, and went on to win crucial battles at Trenton the State for the educational and inspira- scenic resources of the Heritage Area relat- and Princeton in the State of New Jersey; tional benefit of future generations; ing to the themes of the Heritage Area that (4) Thomas Paine, who accompanied the (4) to strengthen the value of Morristown should be restored, managed, or developed; troops during the retreat, described the National Historical Park as an asset to the (B) recommendations of policies and strat- events during those days as ‘‘the times that State by— egies for resource management that result try men’s souls’’; (A) establishing a network of related his- in— (5) the sites of 296 military engagements toric resources, protected landscapes, edu- (i) application of appropriate land and are located in the State of New Jersey, in- cational opportunities, and events depicting water management techniques; and cluding— the landscape of the State of New Jersey (ii) development of intergovernmental and (A) several important battles of the Amer- during the American Revolution; and interagency cooperative agreements to pro- ican Revolution that were significant to— (B) establishing partnerships between Mor- tect the cultural, educational, historic, nat- (i) the outcome of the American Revolu- ristown National Historical Park and other ural, recreational, and scenic resources of tion; and public and privately owned resources in the the Heritage Area; (ii) the history of the United States; and Heritage Area that represent the strategic (C) a program of implementation of the (B) several national historic landmarks, fulcrum of the American Revolution; and management plan that includes for the first including Washington’s Crossing, the Old (5) to authorize Federal financial and tech- 5 years of implementation— Trenton Barracks, and Princeton, Mon- nical assistance for the purposes described in (i) plans for resource protection, restora- mouth, and Red Bank Battlefields; paragraphs (1) through (4). tion, construction; and (6) additional national historic landmarks SEC. 297B. DEFINITIONS. (ii) specific commitments for implementa- in the State of New Jersey include the homes In this subtitle: tion that have been made by the local co- of— (1) HERITAGE AREA.—The term ‘‘Heritage ordinating entity or any government, orga- (A) Richard Stockton, Joseph Hewes, John Area’’ means the Crossroads of the American nization, or individual; Witherspoon, and Francis Hopkinson, signers (D) an analysis of and recommendations of the Declaration of Independence; Revolution National Heritage Area estab- lished by section 297C(a). for ways in which Federal, State, and local (B) Elias Boudinout, President of the Con- programs, including programs of the Na- tinental Congress; and (2) LOCAL COORDINATING ENTITY.—The term ‘‘local coordinating entity’’ means the local tional Park Service, may be best coordinated (C) William Livingston, patriot and Gov- to promote the purposes of this subtitle; and ernor of the State of New Jersey from 1776 to coordinating entity for the Heritage Area (E) an interpretive plan for the Heritage 1790; designated by section 297C(d). Area. (7) portions of the landscapes important to (3) MANAGEMENT PLAN.—The term ‘‘man- the strategies of the British and Continental agement plan’’ means the management plan (c) APPROVAL OR DISAPPROVAL OF MANAGE- armies, including waterways, mountains, for the Heritage Area developed under sec- MENT PLAN.— farms, wetlands, villages, and roadways— tion 297D. (1) IN GENERAL.—Not later than 90 days (A) retain the integrity of the period of the (4) MAP.—The term ‘‘map’’ means the map after the date of receipt of the management American Revolution; and entitled ‘‘Crossroads of the American Revo- plan under subsection (a), the Secretary (B) offer outstanding opportunities for con- lution National Heritage Area’’, numbered shall approve or disapprove the management servation, education, and recreation; CRRE/80,000, and dated April 2002. plan. (8) the National Register of Historic Places (5) SECRETARY.—The term ‘‘Secretary’’ (2) CRITERIA.—In determining whether to lists 251 buildings and sites in the National means the Secretary of the Interior. approve the management plan, the Secretary Park Service study area for the Crossroads (6) STATE.—The term ‘‘State’’ means the shall consider whether— of the American Revolution that are associ- State of New Jersey. (A) the Board of Directors of the local co- ated with the period of the American Revolu- SEC. 297C. CROSSROADS OF THE AMERICAN REV- ordinating entity is representative of the di- tion; OLUTION NATIONAL HERITAGE verse interests of the Heritage Area, includ- (9) civilian populations residing in the AREA. ing— State of New Jersey during the American (a) ESTABLISHMENT.—There is established (i) governments; Revolution suffered extreme hardships be- in the State the Crossroads of the American (ii) natural and historic resource protec- cause of— Revolution National Heritage Area. tion organizations; (A) the continuous conflict in the State; (b) BOUNDARIES.—The Heritage Area shall (iii) educational institutions; (B) foraging armies; and consist of the land and water within the (iv) businesses; and (C) marauding contingents of loyalist To- boundaries of the Heritage Area, as depicted (v) recreational organizations; ries and rebel sympathizers; on the map. (B) the local coordinating entity provided (10) because of the important role that the (c) AVAILABILITY OF MAP.—The map shall adequate opportunity for public and govern- State of New Jersey played in the successful be on file and available for public inspection mental involvement in the preparation of outcome of the American Revolution, there in the appropriate offices of the National the management plan, including public hear- is a Federal interest in developing a regional Park Service. ings; framework to assist the State of New Jersey, (d) LOCAL COORDINATING ENTITY.—The (C) the resource protection and interpreta- local governments and organizations, and Crossroads of the American Revolution Asso- tion strategies in the management plan private citizens in— ciation, Inc., a nonprofit corporation in the would adequately protect the cultural, his- (A) preserving and protecting cultural, his- State, shall be the local coordinating entity toric, and natural resources of the Heritage toric, and natural resources of the period; for the Heritage Area. Area; and and SEC. 297D. MANAGEMENT PLAN. (D) the Secretary has received adequate as- (B) bringing recognition to those resources (a) IN GENERAL.—Not later than 3 years surances from the appropriate State and for the educational and recreational benefit after the date on which funds are made avail- local officials whose support is needed to en- of the present and future generations of citi- able to carry out this subtitle, the local co- sure the effective implementation of the zens of the United States; and ordinating entity shall develop and forward State and local aspects of the management (11) the National Park Service has con- to the Secretary a management plan for the plan. ducted a national heritage area feasibility Heritage Area. (3) ACTION FOLLOWING DISAPPROVAL.—If the study in the State of New Jersey that dem- (b) REQUIREMENTS.—The management plan Secretary disapproves the management plan onstrates that there is a sufficient assem- shall— under paragraph (1), the Secretary shall— blage of nationally distinctive cultural, his- (1) include comprehensive policies, strate- (A) advise the local coordinating entity in toric, and natural resources necessary to es- gies, and recommendations for conservation, writing of the reasons for the disapproval; tablish the Crossroads of the American Revo- funding, management, and development of (B) make recommendations for revisions to lution National Heritage Area. the Heritage Area; the management plan; and (b) PURPOSES.—The purposes of this sub- (2) take into consideration existing State, (C) not later than 60 days after the receipt title are— county, and local plans; of any proposed revision of the management (1) to assist communities, organizations, (3) describe actions that units of local gov- plan from the local coordinating entity, ap- and citizens in the State of New Jersey in ernment, private organizations, and individ- prove or disapprove the proposed revision. preserving— uals have agreed to take to protect the cul- (d) AMENDMENTS.— (A) the special historic identity of the tural, historic, and natural resources of the (1) IN GENERAL.—The Secretary shall ap- State; and Heritage Area; prove or disapprove each amendment to the

VerDate Aug 31 2005 02:06 Jul 25, 2006 Jkt 049060 PO 00000 Frm 00039 Fmt 4634 Sfmt 0634 E:\CR\FM\A24JY7.015 H24JYPT1 jcorcoran on PROD1PC62 with HOUSE H5608 CONGRESSIONAL RECORD — HOUSE July 24, 2006 management plan that the Secretary deter- (iii) each entity to which a grant was SEC. 297G. AUTHORIZATION OF APPROPRIA- mines may make a substantial change to the made; TIONS. management plan. (B) make available for audit all informa- (a) IN GENERAL.—There is authorized to be (2) USE OF FUNDS.—Funds made available tion relating to the expenditure of the funds appropriated to carry out this subtitle under this subtitle shall not be expended by and any matching funds; and $10,000,000, of which not more than $1,000,000 the local coordinating entity to implement (C) require, for all agreements authorizing may be authorized to be appropriated for any an amendment described in paragraph (1) expenditures of Federal funds by any entity, fiscal year. until the Secretary approves the amend- that the receiving entity make available for (b) COST-SHARING REQUIREMENT.—The Fed- ment. audit all records and other information re- eral share of the cost of any activity assisted under this subtitle shall be not more than 50 (e) IMPLEMENTATION.—On completion of the lating to the expenditure of the funds; percent. 3-year period described in subsection (a), any (5) encourage, by appropriate means, eco- funding made available under this subtitle nomic viability that is consistent with the SEC. 297H. TERMINATION OF AUTHORITY. shall be made available to the local coordi- purposes of the Heritage Area; and The authority of the Secretary to provide assistance under this subtitle terminates on nating entity only for implementation of the (6) maintain headquarters for the local co- the date that is 15 years after the date of en- approved management plan. ordinating entity at Morristown National Historical Park and in Mercer County. actment of this Act. SEC. 297E. AUTHORITIES, DUTIES, AND PROHIBI- SEC. 297I. REQUIREMENTS FOR INCLUSION OF (c) PROHIBITION ON THE ACQUISITION OF TIONS APPLICABLE TO THE LOCAL PRIVATE PROPERTY. COORDINATING ENTITY. REAL PROPERTY.— (a) NOTIFICATION AND CONSENT OF PROP- (1) FEDERAL FUNDS.—The local coordi- (a) AUTHORITIES.—For purposes of pre- ERTY OWNERS REQUIRED.—No privately nating entity shall not use Federal funds paring and implementing the management owned property shall be preserved, con- made available under this subtitle to acquire plan, the local coordinating entity may use served, or promoted by the management plan funds made available under this subtitle to— real property or any interest in real prop- for the Heritage Area until the owner of that (1) make grants to, provide technical as- erty. private property has been notified in writing sistance to, and enter into cooperative agree- (2) OTHER FUNDS.—Notwithstanding para- by the management entity and has given ments with, the State (including a political graph (1), the local coordinating entity may written consent for such preservation, con- subdivision), a nonprofit organization, or acquire real property or an interest in real servation, or promotion to the management any other person; property using any other source of funding, entity. (2) hire and compensate staff, including in- including other Federal funding. (b) LANDOWNER WITHDRAW.—Any owner of dividuals with expertise in— SEC. 297F. TECHNICAL AND FINANCIAL ASSIST- private property included within the bound- (A) cultural, historic, or natural resource ANCE; OTHER FEDERAL AGENCIES. ary of the Heritage Area shall have their protection; or (a) TECHNICAL AND FINANCIAL ASSIST- property immediately removed from the (B) heritage programming; ANCE.— boundary by submitting a written request to (3) obtain funds or services from any (1) IN GENERAL.—On the request of the local the management entity. source (including a Federal law or program); coordinating entity, the Secretary may pro- SEC. 297J. PRIVATE PROPERTY PROTECTION. (4) contract for goods or services; and vide technical and financial assistance to the (a) ACCESS TO PRIVATE PROPERTY.—Noth- (5) support any other activity— Heritage Area for the development and im- ing in this title shall be construed to— (A) that furthers the purposes of the Herit- plementation of the management plan. (1) require any private property owner to age Area; and (2) PRIORITY FOR ASSISTANCE.—In providing allow public access (including Federal, (B) that is consistent with the manage- assistance under paragraph (1), the Secretary State, or local government access) to such ment plan. shall give priority to actions that assist in— private property; or (b) DUTIES.—In addition to developing the (A) conserving the significant cultural, his- (2) modify any provision of Federal, State, management plan, the local coordinating en- toric, natural, and scenic resources of the or local law with regard to public access to tity shall— Heritage Area; and or use of private property. (1) assist units of local government, re- (B) providing educational, interpretive, (b) LIABILITY.—Designation of the Heritage gional planning organizations, and nonprofit and recreational opportunities consistent Area shall not be considered to create any li- organizations in implementing the approved with the purposes of the Heritage Area. ability, or to have any effect on any liability management plan by— (3) OPERATIONAL ASSISTANCE.—Subject to under any other law, of any private property (A) carrying out programs and projects the availability of appropriations, the Super- owner with respect to any persons injured on that recognize, protect, and enhance impor- intendent of Morristown National Historical such private property. tant resource values in the Heritage Area; Park may, on request, provide to public and (c) RECOGNITION OF AUTHORITY TO CONTROL (B) establishing and maintaining interpre- private organizations in the Heritage Area, LAND USE.—Nothing in this title shall be tive exhibits and programs in the Heritage including the local coordinating entity, any construed to modify the authority of Fed- Area; operational assistance that is appropriate for eral, State, or local governments to regulate (C) developing recreational and edu- the purpose of supporting the implementa- land use. cational opportunities in the Heritage Area; tion of the management plan. (d) PARTICIPATION OF PRIVATE PROPERTY (D) increasing public awareness of and ap- (4) PRESERVATION OF HISTORIC PROP- OWNERS IN HERITAGE AREA.—Nothing in this preciation for cultural, historic, and natural ERTIES.—To carry out the purposes of this title shall be construed to require the owner resources of the Heritage Area; subtitle, the Secretary may provide assist- of any private property located within the (E) protecting and restoring historic sites ance to a State or local government or non- boundaries of the Heritage Area to partici- and buildings that are— profit organization to provide for the appro- pate in or be associated with the Heritage (i) located in the Heritage Area; and priate treatment of— Area. (ii) related to the themes of the Heritage (A) historic objects; or (e) EFFECT OF ESTABLISHMENT.—The bound- Area; (B) structures that are listed or eligible for aries designated for the Heritage Area rep- (F) ensuring that clear, consistent, and ap- listing on the National Register of Historic resent the area within which Federal funds propriate signs identifying points of public Places. appropriated for the purpose of this title access and sites of interest are installed (5) COOPERATIVE AGREEMENTS.—The Sec- may be expended. The establishment of the throughout the Heritage Area; and retary may enter into cooperative agree- Heritage Area and its boundaries shall not be (G) promoting a wide range of partnerships ments with the local coordinating entity and construed to provide any nonexisting regu- among governments, organizations, and indi- other public or private entities to carry out latory authority on land use within the Her- viduals to further the purposes of the Herit- this subsection. itage Area or its viewshed by the Secretary, age Area; (b) OTHER FEDERAL AGENCIES.—Any Fed- the National Park Service, or the manage- (2) in preparing and implementing the eral agency conducting or supporting an ac- ment entity. management plan, consider the interests of tivity that directly affects the Heritage Area TITLE III—NATIONAL HERITAGE AREA diverse units of government, businesses, or- shall— STUDIES ganizations, and individuals in the Heritage (1) consult with the Secretary and the Subtitle A—Western Reserve Heritage Area Area; local coordinating entity regarding the ac- Study (3) conduct public meetings at least semi- tivity; SEC. 301. SHORT TITLE. annually regarding the development and im- (2)(A) cooperate with the Secretary and the This subtitle may be cited as the ‘‘Western plementation of the management plan; local coordinating entity in carrying out the Reserve Heritage Areas Study Act’’. (4) for any fiscal year for which Federal of the Federal agency under this subtitle; SEC. 302. NATIONAL PARK SERVICE STUDY RE- funds are received under this subtitle— and GARDING THE WESTERN RESERVE, (A) submit to the Secretary a report that (B) to the maximum extent practicable, co- OHIO. describes for the year— ordinate the activity with the carrying out (a) FINDINGS.—The Congress finds the fol- (i) the accomplishments of the local co- of those duties; and lowing: ordinating entity; (3) to the maximum extent practicable, (1) The area that encompasses the modern- (ii) the expenses and income of the local conduct the activity to avoid adverse effects day counties of Trumbull, Mahoning, Ash- coordinating entity; and on the Heritage Area. tabula, Portage, Geagua, Lake, Cuyahoga,

VerDate Aug 31 2005 02:06 Jul 25, 2006 Jkt 049060 PO 00000 Frm 00040 Fmt 4634 Sfmt 0634 E:\CR\FM\A24JY7.016 H24JYPT1 jcorcoran on PROD1PC62 with HOUSE July 24, 2006 CONGRESSIONAL RECORD — HOUSE H5609 Summit, Medina, Huron, Lorain, Erie, Ot- terpretation, and continuing use, and are (7) has a potential local coordinating enti- tawa, and Ashland in Ohio with the rich his- best managed through partnerships among ty to work in partnership with residents, tory in what was once the Western Reserve, public and private entities and by combining business interests, nonprofit organizations, has made a unique contribution to the cul- diverse and sometimes noncontiguous re- and local and State governments to develop tural, political, and industrial development sources and active communities; a national heritage area consistent with con- of the United States. (B) reflects traditions, customs, beliefs, tinued local and State economic activity; (2) The Western Reserve is distinctive as and folklife that are a valuable part of the and the land settled by the people of Connecticut national story; (8) has a conceptual boundary map that is after the Revolutionary War. The Western (C) provides outstanding opportunities to supported by the public. Reserve holds a unique mark as the original conserve natural, historic, cultural, or scenic (b) REPORT.—Not later than 3 fiscal years wilderness land of the West that many set- features; after the date on which funds are first made tlers migrated to in order to begin life out- (D) provides outstanding recreational and available for this section, the Secretary of side of the original 13 colonies. educational opportunities; the Interior shall submit to the Committee (3) The Western Reserve played a signifi- (E) contains resources important to the on Resources of the House of Representatives cant role in providing land to the people of identified theme or themes of the Study and the Committee on Energy and Natural Connecticut whose property and land was de- Area that retain a degree of integrity capa- Resources of the Senate a report on the find- stroyed during the Revolution. These set- ble of supporting interpretation; ings, conclusions, and recommendations of tlers were descendants of the brave immi- (F) includes residents, business interests, the study. grants who came to the Americas in the 17th nonprofit organizations, and local and State (c) PRIVATE PROPERTY.—In conducting the century. governments that are involved in the plan- study required by this section, the Secretary (4) The Western Reserve offered a new des- ning, have developed a conceptual financial of the Interior shall analyze the potential tination for those who moved west in search plan that outlines the roles for all partici- impact that designation of the area as a na- of land and prosperity. The agricultural and pants, including the Federal Government, tional heritage area is likely to have on land industrial base that began in the Western and have demonstrated support for the con- within the proposed area or bordering the Reserve still lives strong in these prosperous cept of a national heritage area; proposed area that is privately owned at the and historical counties. (G) has a potential local coordinating enti- time that the study is conducted. (5) The heritage of the Western Reserve re- ty to work in partnership with residents, Subtitle C—Southern Campaign of the mains transfixed in the counties of Trum- business interests, nonprofit organizations, Revolution bull, Mahoning, Ashtabula, Portage, Geagua, and local and State governments to develop Lake, Cuyahoga, Summit, Medina, Huron, a national heritage area consistent with con- SEC. 321. SHORT TITLE. Lorain, Erie, Ottawa, and Ashland in Ohio. tinued local and State economic activity; This subtitle may be cited as the ‘‘South- The people of these counties are proud of (H) has a conceptual boundary map that is ern Campaign of the Revolution Heritage their heritage as shown through the unwav- supported by the public; and Area Study Act’’. ering attempts to preserve agricultural land (I) has potential or actual impact on pri- SEC. 322. SOUTHERN CAMPAIGN OF THE REVOLU- and the industrial foundation that has been vate property located within or abutting the TION HERITAGE AREA STUDY. embedded in this region since the establish- Study Area. (a) STUDY.—The Secretary of the Interior, ment of the Western Reserve. Throughout (c) BOUNDARIES OF THE STUDY AREA.—The in consultation with appropriate State his- these counties, historical sites, and markers Study Area shall be comprised of the coun- toric preservation officers, States historical preserve the unique traditions and customs ties of Trumbull, Mahoning, Ashtabula, Por- societies, the South Carolina Department of of its original heritage. tage, Geagua, Lake, Cuyahoga, Summit, Me- Parks, Recreation, and Tourism, and other (6) The counties that encompass the West- dina, Huron, Lorain, Erie, Ottawa, and Ash- appropriate organizations, shall conduct a ern Reserve continue to maintain a strong land in Ohio. study regarding the suitability and feasi- connection to its historic past as seen Subtitle B—St. Croix National Heritage Area bility of designating the study area described through its preservation of its local heritage, Study in subsection (b) as the Southern Campaign including historic homes, buildings, and cen- SEC. 311. SHORT TITLE. of the Revolution Heritage Area. The study ters of public gatherings. This subtitle may be cited as the ‘‘St. shall include analysis, documentation, and (7) There is a need for assistance for the Croix National Heritage Area Study Act’’. determination regarding whether the study preservation and promotion of the signifi- SEC. 312. STUDY. area— cance of the Western Reserve as the natural, (a) IN GENERAL.—The Secretary of the In- (1) has an assemblage of natural, historic, historic and cultural heritage of the counties terior, in consultation with appropriate and cultural resources that together rep- of Trumbull, Mahoning, Ashtabula, Portage, State historic preservation officers, States resent distinctive aspects of American herit- Geagua, Lake, Cuyahoga, Summit, Medina, historical societies, and other appropriate age worthy of recognition, conservation, in- Huron, Lorain, Erie, Ottawa and Ashland in organizations, shall conduct a study regard- terpretation, and continuing use, and are Ohio. ing the suitability and feasibility of desig- best managed through partnerships among (8) The Department of the Interior is re- nating the island of St. Croix as the St. public and private entities and by combining sponsible for protecting the Nation’s cul- Croix National Heritage Area. The study diverse and sometimes noncontiguous re- tural and historical resources. There are sig- shall include analysis, documentation, and sources and active communities; nificant examples of such resources within determination regarding whether the island (2) reflects traditions, customs, beliefs, and these counties and what was once the West- of St. Croix— folklife that are a valuable part of the na- ern Reserve to merit the involvement of the (1) has an assemblage of natural, historic, tional story; Federal Government in the development of and cultural resources that together rep- (3) provides outstanding opportunities to programs and projects, in cooperation with resent distinctive aspects of American herit- conserve natural, historic, cultural, or scenic the State of Ohio and other local govern- age worthy of recognition, conservation, in- features; mental entities, to adequately conserve, pro- terpretation, and continuing use, and are (4) provides outstanding recreational and tect, and interpret this heritage for future best managed through partnerships among educational opportunities; generations, while providing opportunities public and private entities and by combining (5) contains resources important to the for education and revitalization. diverse and sometimes noncontiguous re- identified theme or themes of the study area (b) STUDY.— sources and active communities; that retain a degree of integrity capable of (1) IN GENERAL.—The Secretary, acting (2) reflects traditions, customs, beliefs, and supporting interpretation; through the National Park Service Rivers, folklife that are a valuable part of the na- (6) includes residents, business interests, Trails, and Conservation Assistance Pro- tional story; nonprofit organizations, and local and State gram, Midwest Region, and in consultation (3) provides outstanding opportunities to governments that are involved in the plan- with the State of Ohio, the counties of conserve natural, historic, cultural, or scenic ning, have developed a conceptual financial Trumbull, Mahoning, Ashtabula, Portage, features; plan that outlines the roles of all partici- Geagua, Lake, Cuyahoga, Summit, Medina, (4) provides outstanding recreational and pants (including the Federal Government), Huron, Lorain, Erie, Ottawa, and Ashland, educational opportunities; and have demonstrated support for the con- and other appropriate organizations, shall (5) contains resources important to the cept of a national heritage area; carry out a study regarding the suitability identified theme or themes of the island of (7) has a potential local coordinating enti- and feasibility of establishing the Western St. Croix that retain a degree of integrity ca- ty to work in partnership with residents, Reserve Heritage Area in these counties in pable of supporting interpretation; business interests, nonprofit organizations, Ohio. (6) includes residents, business interests, and local and State governments to develop (2) CONTENTS.—The study shall include nonprofit organizations, and local and State a national heritage area consistent with con- analysis and documentation regarding governments that are involved in the plan- tinued local and State economic activity; whether the Study Area— ning, have developed a conceptual financial and (A) has an assemblage of natural, historic, plan that outlines the roles of all partici- (8) has a conceptual boundary map that is and cultural resources that together rep- pants (including the Federal Government), supported by the public. resent distinctive aspects of American herit- and have demonstrated support for the con- (b) STUDY AREA.— age worthy of recognition, conservation, in- cept of a national heritage area; (1) IN GENERAL.—

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(A) SOUTH CAROLINA.—The study area shall ‘‘SEC. 119. ASSOCIATION AS LOCAL COORDI- Secretary for approval a proposed manage- include the following counties in South NATING ENTITY. ment plan that shall— Carolina: Anderson, Pickens, Greenville ‘‘Upon the termination of the Commission, ‘‘(1) take into consideration State and County, Spartanburg, Cherokee County, the local coordinating entity for the corridor local plans and involve residents, local gov- Greenwood, Laurens, Union, York, Chester, shall be the Association. ernments and public agencies, and private Darlington, Florence, Chesterfield, Marl- ‘‘SEC. 120. DUTIES AND AUTHORITIES OF ASSO- organizations in the corridor; boro, Fairfield, Richland, Lancaster, CIATION. ‘‘(2) present comprehensive recommenda- Kershaw, Sumter, Orangeburg, Georgetown, ‘‘For purposes of preparing and imple- tions for the corridor’s conservation, fund- Dorchester, Colleton, Charleston, Beaufort, menting the management plan developed ing, management, and development; Calhoun, Clarendon, and Williamsburg. under section 121, the Association may use ‘‘(3) include actions proposed to be under- (B) NORTH CAROLINA.—The study area may Federal funds made available under this taken by units of government and non- include sites and locations in North Carolina title— governmental and private organizations to as appropriate. ‘‘(1) to make loans and grants to, and enter protect the resources of the corridor; (2) SPECIFIC SITES.—The heritage area may into cooperative agreements with, States ‘‘(4) specify the existing and potential include the following sites of interest: and their political subdivisions, private or- sources of funding to protect, manage, and (A) NATIONAL PARK SERVICE SITE.—Kings ganizations, or any person; develop the corridor; and Mountain National Military Park, Cowpens ‘‘(2) to hire, train, and compensate staff; ‘‘(5) include— National Battlefield, Fort Moultrie National and ‘‘(A) identification of the geographic Monument, Charles Pickney National His- ‘‘(3) to enter into contracts for goods and boundaries of the corridor; toric Site, and Ninety Six National Historic services. ‘‘(B) a brief description and map of the cor- Site as well as the National Park Affiliate of ‘‘SEC. 121. DUTIES OF THE ASSOCIATION. ridor’s overall concept or vision that show Historic Camden Revolutionary War Site. ‘‘The Association shall— key sites, visitor facilities and attractions, (B) STATE-MAINTAINED SITES.—Colonial ‘‘(1) develop and submit to the Secretary and physical linkages; Dorchester State Historic Site, Eutaw for approval under section 123 a proposed ‘‘(C) identification of overall goals and the Springs Battle Site, Hampton Plantation management plan for the corridor not later strategies and tasks intended to reach them, State Historic Site, Landsford Canal State than 2 years after Federal funds are made and a realistic schedule for completing the Historic Site, Andrew Jackson State Park, available for this purpose; tasks; and Musgrove Mill State Park. ‘‘(2) give priority to implementing actions ‘‘(D) a listing of the key resources and (C) COMMUNITIES.—Charleston, Beaufort, set forth in the management plan, including themes of the corridor; Georgetown, Kingstree, Cheraw, Camden, taking steps to assist units of local govern- ‘‘(E) identification of parties proposed to Winnsboro, Orangeburg, and Cayce. ment, regional planning organizations, and be responsible for carrying out the tasks; (D) OTHER KEY SITES OPEN TO THE PUBLIC.— other organizations— ‘‘(F) a financial plan and other information Middleton Place, Goose Creek Church, ‘‘(A) in preserving the corridor; on costs and sources of funds; Hopsewee Plantation, Walnut Grove Planta- ‘‘(B) in establishing and maintaining inter- ‘‘(G) a description of the public participa- tion, Fort Watson, and Historic pretive exhibits in the corridor; tion process used in developing the plan and Brattonsville. ‘‘(C) in developing recreational resources a proposal for public participation in the im- (c) REPORT.—Not later than 3 fiscal years in the corridor; plementation of the management plan; after the date on which funds are first made ‘‘(D) in increasing public awareness of and ‘‘(H) a mechanism and schedule for updat- available to carry out this subtitle, the Sec- appreciation for the natural, historical, and ing the plan based on actual progress; retary of the Interior shall submit to the architectural resources and sites in the cor- ‘‘(I) a bibliography of documents used to Committee on Resources of the House of ridor; and develop the management plan; and Representatives and the Committee on En- ‘‘(E) in facilitating the restoration of any ‘‘(J) a discussion of any other relevant ergy and Natural Resources of the Senate a historic building relating to the themes of issues relating to the management plan. report on the findings, conclusions, and rec- the corridor; ‘‘(b) DISQUALIFICATION FROM FUNDING.—If a ommendations of the study. ‘‘(3) encourage by appropriate means eco- proposed management plan is not submitted SEC. 323. PRIVATE PROPERTY. nomic viability in the corridor consistent to the Secretary within 2 years after the In conducting the study required by this with the goals of the management plan; date that Federal funds are made available subtitle, the Secretary of the Interior shall ‘‘(4) consider the interests of diverse gov- for this purpose, the Association shall be in- analyze the potential impact that designa- ernmental, business, and other groups within eligible to receive additional funds under tion of the area as a national heritage area the corridor; this title until the Secretary receives a pro- is likely to have on land within the proposed ‘‘(5) conduct public meetings at least quar- posed management plan from the Associa- area or bordering the proposed area that is terly regarding the implementation of the tion. privately owned at the time that the study is management plan; ‘‘(c) APPROVAL OF MANAGEMENT PLAN.— conducted. ‘‘(6) submit substantial changes (including The Secretary shall approve or disapprove a any increase of more than 20 percent in the proposed management plan submitted under TITLE IV—ILLINOIS AND MICHIGAN cost estimates for implementation) to the this title not later than 180 days after receiv- CANAL NATIONAL HERITAGE CORRIDOR management plan to the Secretary; and ing such proposed management plan. If ac- ACT AMENDMENTS ‘‘(7) for any year in which Federal funds tion is not taken by the Secretary within the SEC. 401. SHORT TITLE. have been received under this title— time period specified in the preceding sen- This title may be cited as the ‘‘Illinois and ‘‘(A) submit an annual report to the Sec- tence, the management plan shall be deemed Michigan Canal National Heritage Corridor retary setting forth the Association’s accom- approved. The Secretary shall consult with Act Amendments of 2006’’. plishments, expenses and income, and the the local entities representing the diverse in- SEC. 402. TRANSITION AND PROVISIONS FOR NEW identity of each entity to which any loans terests of the corridor including govern- LOCAL COORDINATING ENTITY. and grants were made during the year for ments, natural and historic resource protec- The Illinois and Michigan Canal National which the report is made; tion organizations, educational institutions, Heritage Corridor Act of 1984 (Public Law 98– ‘‘(B) make available for audit all records businesses, recreational organizations, com- 398; 16 U.S.C. 461 note) is amended as follows: pertaining to the expenditure of such funds munity residents, and private property own- (1) In section 103— and any matching funds; and ers prior to approving the management plan. (A) in paragraph (8), by striking ‘‘and’’; ‘‘(C) require, for all agreements author- The Association shall conduct semi-annual (B) in paragraph (9), by striking the period izing expenditure of Federal funds by other public meetings, workshops, and hearings to and inserting ‘‘; and’’; and organizations, that the receiving organiza- provide adequate opportunity for the public (C) by adding at the end the following: tions make available for audit all records and local and governmental entities to re- ‘‘(10) the term ‘Association’ means the pertaining to the expenditure of such funds. view and to aid in the preparation and imple- Canal Corridor Association (an organization ‘‘SEC. 122. USE OF FEDERAL FUNDS. mentation of the management plan. described under section 501(c)(3) of the Inter- ‘‘(a) IN GENERAL.—The Association shall ‘‘(d) EFFECT OF APPROVAL.—Upon the ap- nal Revenue Code of 1986 and exempt from not use Federal funds received under this proval of the management plan as provided taxation under section 501(a) of such Code).’’. title to acquire real property or an interest in subsection (c), the management plan shall (2) By adding at the end of section 112 the in real property. supersede the conceptual plan contained in following new paragraph: ‘‘(b) OTHER SOURCES.—Nothing in this title the National Park Service report. ‘‘(7) The Secretary shall enter into a precludes the Association from using Federal ‘‘(e) ACTION FOLLOWING DISAPPROVAL.—If memorandum of understanding with the As- funds from other sources for authorized pur- the Secretary disapproves a proposed man- sociation to help ensure appropriate transi- poses. agement plan within the time period speci- tion of the local coordinating entity to the ‘‘SEC. 123. MANAGEMENT PLAN. fied in subsection (c), the Secretary shall ad- Association and coordination with the Asso- ‘‘(a) PREPARATION OF MANAGEMENT PLAN.— vise the Association in writing of the reasons ciation regarding that role.’’. Not later than 2 years after the date that for the disapproval and shall make rec- (3) By adding at the end the following new Federal funds are made available for this ommendations for revisions to the proposed sections: purpose, the Association shall submit to the management plan.

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‘‘(f) APPROVAL OF AMENDMENTS.—The Sec- ‘‘(1) require any private property owner to title shall not exceed 50 percent of the total retary shall review and approve all substan- allow public access (including Federal, cost of the study. tial amendments (including any increase of State, or local government access) to such (b) IN-KIND CONTRIBUTIONS.—The Secretary more than 20 percent in the cost estimates private property; or shall accept, as appropriate, such in-kind for implementation) to the management ‘‘(2) modify any provision of Federal, contributions of goods or services from the plan. Funds made available under this title State, or local law with regard to public ac- Mokelumne River Water and Power Author- may not be expended to implement any cess to or use of private property. ity as the Secretary determines will con- changes made by a substantial amendment ‘‘(b) LIABILITY.—Designation of the cor- tribute to the conduct and completion of the until the Secretary approves that substan- ridor shall not be considered to create any li- study conducted under this title. Goods and tial amendment. ability, or to have any effect on any liability services accepted under this section shall be ‘‘SEC. 124. TECHNICAL AND FINANCIAL ASSIST- under any other law, of any private property counted as part of the non-Federal cost share ANCE; OTHER FEDERAL AGENCIES. owner with respect to any persons injured on for that study. ‘‘(a) TECHNICAL AND FINANCIAL ASSIST- such private property. SEC. 504. WATER RIGHTS. ANCE.—Upon the request of the Association, ‘‘(c) RECOGNITION OF AUTHORITY TO CON- Nothing in this title shall be construed to the Secretary may provide technical assist- TROL LAND USE.—Nothing in this title shall invalidate, preempt, or create any exception ance, on a reimbursable or nonreimbursable be construed to modify the authority of Fed- to State water law, State water rights, or basis, and financial assistance to the Asso- eral, State, or local governments to regulate Federal or State permitted activities or ciation to develop and implement the man- land use. agreements. agement plan. The Secretary is authorized to ‘‘(d) PARTICIPATION OF PRIVATE PROPERTY SEC. 505. AUTHORIZATION OF APPROPRIATIONS. enter into cooperative agreements with the OWNERS IN CORRIDOR.—Nothing in this title There is authorized to be appropriated to Association and other public or private enti- shall be construed to require the owner of the Secretary $3,300,000 for the Federal cost ties for this purpose. In assisting the Asso- any private property located within the share of the study conducted under this title. ciation, the Secretary shall give priority to boundaries of the corridor to participate in actions that in general assist in— or be associated with the corridor. TITLE VI—DELAWARE NATIONAL ‘‘(1) conserving the significant natural, his- ‘‘(e) EFFECT OF ESTABLISHMENT.—The COASTAL SPECIAL RESOURCES STUDY toric, cultural, and scenic resources of the boundaries designated for the corridor rep- SEC. 601. SHORT TITLE. corridor; and resent the area within which Federal funds This title may be cited as the ‘‘Delaware ‘‘(2) providing educational, interpretive, appropriated for the purpose of this title National Coastal Special Resources Study and recreational opportunities consistent may be expended. The establishment of the Act’’. with the purposes of the corridor. corridor and its boundaries shall not be con- SEC. 602. STUDY. ‘‘(b) DUTIES OF OTHER FEDERAL AGENCIES.— strued to provide any nonexisting regulatory (a) IN GENERAL.—The Secretary of the In- Any Federal agency conducting or sup- authority on land use within the corridor or terior (referred to in this title as the ‘‘Sec- porting activities directly affecting the cor- its viewshed by the Secretary, the National retary’’) shall conduct a special resources ridor shall— Park Service, or the Association.’’. study of the national significance, suit- ‘‘(1) consult with the Secretary and the As- SEC. 404. TECHNICAL AMENDMENTS. ability, and feasibility of including sites in sociation with respect to such activities; Section 116 of Illinois and Michigan Canal the coastal region of the State of Delaware ‘‘(2) cooperate with the Secretary and the National Heritage Corridor Act of 1984 is in the National Park System. Association in carrying out their duties amended— (b) INCLUSION OF SITES IN THE NATIONAL under this title; (1) by striking subsection (b); and PARK SYSTEM.—The study under subsection ‘‘(3) to the maximum extent practicable, (2) in subsection (a)— (a) shall include an analysis and any rec- coordinate such activities with the carrying (A) by striking ‘‘(a)’’ and all that follows ommendations of the Secretary concerning out of such duties; and through ‘‘For each’’ and inserting ‘‘(a) For the suitability and feasibility of designating ‘‘(4) to the maximum extent practicable, each’’; 1 or more of the sites along the Delaware conduct or support such activities in a man- (B) by striking ‘‘Commission’’ and insert- coast, including Fort Christina, as a unit of ner which the Association determines is not ing ‘‘Association’’; the National Park System that relates to likely to have an adverse effect on the cor- (C) by striking ‘‘Commission’s’’ and insert- the themes described in section 603. ridor. ing ‘‘Association’s’’; (c) STUDY GUIDELINES.—In conducting the ‘‘SEC. 125. AUTHORIZATION OF APPROPRIATIONS. (D) by redesignating paragraph (2) as sub- study authorized under subsection (a), the ‘‘(a) IN GENERAL.—To carry out this title section (b); and Secretary shall use the criteria for the study there is authorized to be appropriated (E) by redesignating subparagraphs (A) and of areas for potential inclusion in the Na- $10,000,000, except that not more than (B) as paragraphs (1) and (2), respectively. tional Park System contained in section 8 of $1,000,000 may be appropriated to carry out TITLE V—MOKELUMNE RIVER Public Law 91–383 (16 U.S.C. 1a–5). this title for any fiscal year. FEASIBILITY STUDY (d) CONSULTATION.—In preparing and con- ‘‘(b) 50 PERCENT MATCH.—The Federal ducting the study under subsection (a), the share of the cost of activities carried out SEC. 501. AUTHORIZATION OF MOKELUMNE RIVER REGIONAL WATER STORAGE Secretary shall consult with— using any assistance or grant under this title (1) the State of Delaware; shall not exceed 50 percent of that cost. AND CONJUNCTIVE USE PROJECT STUDY. (2) the coastal region communities; ‘‘SEC. 126. SUNSET. Pursuant to the Reclamation Act of 1902 (3) owners of private property that would ‘‘The authority of the Secretary to provide (32 Stat. 388) and Acts amendatory thereof likely be impacted by a National Park Serv- assistance under this title terminates on the and supplemental thereto, not later than 2 ice designation; and date that is 15 years after the date of enact- years after the date of the enactment of this (4) the general public. ment of this section.’’. Act, the Secretary of the Interior (hereafter SEC. 603. THEMES. SEC. 403. PRIVATE PROPERTY PROTECTION. in this title referred to as the ‘‘Secretary’’), The study authorized under section 602 The Illinois and Michigan Canal National through the Bureau of Reclamation, and in shall evaluate sites along the coastal region Heritage Corridor Act of 1984 is further consultation and cooperation with the of the State of Delaware that relate to— amended by adding after section 126 (as Mokelumne River Water and Power Author- (1) the history of indigenous peoples, which added by section 402) the following new sec- ity, shall complete and submit to the Com- would explore the history of Native Amer- tions: mittee on Resources of the House of Rep- ican tribes of Delaware, such as the Nan- ‘‘SEC. 127. REQUIREMENTS FOR INCLUSION OF resentatives and the Committee on Energy ticoke and Lenni Lenape; PRIVATE PROPERTY. and Natural Resources of the Senate copies (2) the colonization and establishment of ‘‘(a) NOTIFICATION AND CONSENT OF PROP- of a study to determine the feasibility of the frontier, which would chronicle the first ERTY OWNERS REQUIRED.—No privately owned property shall be preserved, con- constructing a project to provide additional European settlers in the Delaware Valley served, or promoted by the management plan water supply and improve water manage- who built fortifications for the protection of for the corridor until the owner of that pri- ment reliability through the development of settlers, such as Fort Christina; vate property has been notified in writing by new water storage and conjunctive use pro- (3) the founding of a nation, which would the Association and has given written con- grams. document the contributions of Delaware to sent for such preservation, conservation, or SEC. 502. USE OF REPORTS AND OTHER INFOR- the development of our constitutional repub- promotion to the Association. MATION. lic; ‘‘(b) LANDOWNER WITHDRAWAL.—Any owner In developing the study under section 501, (4) industrial development, which would in- of private property included within the the Secretary shall use, as appropriate, re- vestigate the exploitation of water power in boundary of the corridor, and not notified ports and any other relevant information Delaware with the mill development on the under subsection (a), shall have their prop- supplied by the Mokelumne River Water and Brandywine River; erty immediately removed from the bound- Power Authority, the East Bay Municipal (5) transportation, which would explore ary of the corridor by submitting a written Utility District, and other Mokelumne River how water served as the main transportation request to the Association. Forum stakeholders. link, connecting Colonial Delaware with ‘‘SEC. 128. PRIVATE PROPERTY PROTECTION. SEC. 503. COST SHARES. England, Europe, and other colonies; ‘‘(a) ACCESS TO PRIVATE PROPERTY.—Noth- (a) FEDERAL SHARE.—The Federal share of (6) coastal defense, which would document ing in this title shall be construed to— the costs of the study conducted under this the collection of fortifications spaced along

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SEC. 604. REPORT. ‘‘SEC. 7. TERMINATION OF COMMISSION. SEC. 803. CALIFORNIA BASINS REMEDIATION. Not later than 2 years after funds are made ‘‘The Commission shall terminate on the (a) CALIFORNIA BASINS REMEDIATION.— available to carry out this title under sec- date that is 5 years after the date of enact- (1) ESTABLISHMENT OF REMEDIATION FUND.— tion 605, the Secretary shall submit to the ment of the John H. Chafee Blackstone River There shall be established within the Treas- Committee on Energy and Natural Resources Valley National Heritage Corridor Reauthor- ury of the United States an interest bearing of the Senate and the Committee on Re- ization Act of 2006. account to be known as the California Basins sources of the House of Representatives a re- (e) SPECIAL RESOURCE STUDY.—Section 8 of Groundwater Remediation Fund. Public Law 99–647 (16 U.S.C. 461 note) is port containing the findings, conclusions, (2) ADMINISTRATION OF REMEDIATION FUND.— and recommendations of the study conducted amended by adding at the end the following: The Remediation Fund shall be administered ‘‘(d) SPECIAL RESOURCE STUDY.— under section 602. by the Secretary of the Interior, acting ‘‘(1) IN GENERAL.—The Secretary shall con- TITLE VII—JOHN H. CHAFEE BLACKSTONE through the Bureau of Reclamation. The duct a special resource study of sites and as- RIVER VALLEY NATIONAL HERITAGE Secretary shall administer the Remediation sociated landscape features within the CORRIDOR REAUTHORIZATION Fund in cooperation with the local water au- boundaries of the Corridor that contribute to SEC. 701. SHORT TITLE. thority. the understanding of the Corridor as the This title may be cited as the ‘‘John H. (3) PURPOSES OF REMEDIATION FUND.— birthplace of the industrial revolution in the Chafee Blackstone River Valley National (A) IN GENERAL.—Subject to subparagraph Heritage Corridor Reauthorization Act of United States. (B), the amounts in the Remediation Fund, VALUATION.—Not later than 3 years 2006’’. ‘‘(2) E including interest accrued, shall be used by after the date on which funds are made avail- SEC. 702. JOHN H. CHAFEE BLACKSTONE RIVER the Secretary to provide grants to the local able to carry out this subsection, the Sec- VALLEY NATIONAL HERITAGE COR- water authority to reimburse the local water retary shall complete the study under para- RIDOR. authority for the Federal share of the costs graph (1) to evaluate the possibility of— (a) COMMISSION MEMBERSHIP.—Section 3(b) associated with designing and constructing ‘‘(A) designating 1 or more site or land- of Public Law 99–647 (16 U.S.C. 461 note) is groundwater remediation projects to be ad- scape feature as a unit of the National Park amended— ministered by the local water authority. System; and (1) by striking ‘‘nineteen members’’ and in- (B) COST-SHARING LIMITATION.— ‘‘(B) coordinating and complementing ac- serting ‘‘25 members’’; (i) IN GENERAL.—The Secretary may not (2) in paragraph (2)— tions by the Commission, local governments, obligate any funds appropriated to the Re- (A) by striking ‘‘six’’ and inserting ‘‘6’’; and State and Federal agencies, in the pres- mediation Fund in a fiscal year until the and ervation and interpretation of significant re- Secretary has deposited into the Remedi- (B) by striking ‘‘Department of Environ- sources within the Corridor. ation Fund an amount provided by non-Fed- OORDINATION.—The Secretary shall mental Management Directors from Rhode ‘‘(3) C eral interests sufficient to ensure that at coordinate the Study with the Commission. Island and Massachusetts’’ and inserting least 35 percent of any funds obligated by the ‘‘(4) REPORT.—Not later than 30 days after ‘‘the Director of the Rhode Island Depart- Secretary for a project are from funds pro- the date on which the study under paragraph ment of Environmental Management and the vided to the Secretary for that project by (1) is completed, the Secretary shall submit Secretary of the Massachusetts Executive the non-Federal interests. to the Committee on Resources of the House Office of Environmental Affairs’’; (ii) NON-FEDERAL RESPONSIBILITY.—Each (3) in paragraph (3)— of Representatives and the Committee on local water authority shall be responsible for (A) by striking ‘‘four’’ each place it ap- Energy and Natural Resources of the Senate providing the non-Federal amount required pears and inserting ‘‘5’’; and a report that describes— by clause (i) for projects under that local (B) by striking ‘‘and’’ after the semicolon; ‘‘(A) the findings of the study; and water authority. The State of California, (4) in paragraph (4)— ‘‘(B) the conclusions and recommendations local government agencies, and private enti- (A) by striking ‘‘two’’ each place it appears of the Secretary.’’. ties may provide all or any portion of the (f) AUTHORIZATION OF APPROPRIATIONS.— and inserting ‘‘3’’; and non-Federal amount. Section 10 of Public Law 99–647 (16 U.S.C. 461 (B) by striking the period and inserting ‘‘; (iii) CREDITS TOWARD NON-FEDERAL SHARE.— note) is amended— and’’; and For purposes of clause (ii), the Secretary (1) in subsection (a), by striking ‘‘$650,000’’ (5) by inserting after paragraph (4) the fol- shall credit the appropriate local water au- and inserting ‘‘$1,000,000’’; and lowing: thority with the value of all prior expendi- (2) by striking subsection (b) and inserting ‘‘(5) 1 representative of a nongovernmental tures by non-Federal interests made after the following: organization from Massachusetts and 1 from January 1, 2000, that are compatible with the ‘‘(b) DEVELOPMENT FUNDS.—There is au- Rhode Island, to be appointed by the Sec- purposes of this section, including— retary, which have expertise in historic pres- thorized to be appropriated to carry out sec- tion 8(c) not more than $10,000,000 for the pe- (I) all expenditures made by non-Federal ervation, conservation, outdoor recreation, interests to design and construct ground- cultural conservation, traditional arts, com- riod of fiscal years 2006 through 2016, to re- main available until expended. water remediation projects, including ex- munity development, or tourism.’’. penditures associated with environmental (b) QUORUM.—Section 3(f)(1) of Public Law ‘‘(c) SPECIAL RESOURCE STUDY.—There are analyses and public involvement activities 99–647 (16 U.S.C. 461 note) is amended by authorized to be appropriated such sums as that were required to implement the ground- striking ‘‘Ten’’ and inserting ‘‘13’’. are necessary to carry out section 8(d).’’. water remediation projects in compliance (c) UPDATE OF PLAN.—Section 6 of Public TITLE VIII—CALIFORNIA RECLAMATION Law 99–647 (16 U.S.C. 461 note) is amended by with applicable Federal and State laws; and GROUNDWATER REMEDIATION INITIA- (II) all expenditures made by non-Federal adding at the end the following: TIVE ‘‘(e) UPDATE OF PLAN.—(1) Not later than 2 interests to acquire lands, easements, rights- years after the date of enactment of this sub- SEC. 801. SHORT TITLE. of-way, relocations, disposal areas, and section, the Commission shall update the This title may be cited as the ‘‘California water rights that were required to imple- plan under subsection (a). Reclamation Groundwater Remediation Ini- ment a groundwater remediation project. ‘‘(2) In updating the plan under paragraph tiative’’ . (b) COMPLIANCE WITH APPLICABLE LAW.—In (1), the Commission shall take into account SEC. 802. DEFINITIONS. carrying out the activities described in this the findings and recommendations included For the purposes of this title: section, the Secretary shall comply with any in the Blackstone Sustainability Study con- (1) GROUNDWATER REMEDIATION.—The term applicable Federal and State laws. ducted by the National Park Service Con- ‘‘groundwater remediation’’ means actions (c) RELATIONSHIP TO OTHER ACTIVITIES.— servation Study Institute.’’ that are necessary to prevent, minimize, or Nothing in this section shall be construed to ‘‘(3) The update shall include— mitigate damage to groundwater. affect other Federal or State authorities ‘‘(A) performance goals; and (2) LOCAL WATER AUTHORITY.—The term that are being used or may be used to facili- ‘‘(B) an analysis of— ‘‘local water authority’’ means the Santa tate remediation and protection of any ‘‘(i) options for preserving, enhancing, and Clara Valley Water District or a public water groundwater subbasin eligible for funding interpreting the resources of the Corridor; district, public water utility, public water pursuant to this title. In carrying out the ac- ‘‘(ii) the partnerships that sustain those planning agency, municipality, or Indian tivities described in this section, the Sec- resources; and tribe located within the Santa Clara Valley; retary shall integrate such activities with

VerDate Aug 31 2005 02:06 Jul 25, 2006 Jkt 049060 PO 00000 Frm 00044 Fmt 4634 Sfmt 0634 E:\CR\FM\A24JY7.016 H24JYPT1 jcorcoran on PROD1PC62 with HOUSE July 24, 2006 CONGRESSIONAL RECORD — HOUSE H5613 ongoing Federal and State projects and ac- ley National Heritage Corridor; title traditional line separating free States tivities. None of the funds made available for VIII authorizes the California Rec- from slave States. such activities pursuant to this section shall lamation Groundwater Remediation Today, we stand as a united country be counted against any Federal authoriza- Initiative; and title IX makes correc- and are much closer to the ideals set tion ceiling established for any previously authorized Federal projects or activities. tions to the National Coal Heritage forth in our Constitution that all men (d) AUTHORIZATION OF APPROPRIATIONS.— Area Act. are created equal; that they are en- There is authorized to be appropriated to the I urge my colleagues to support Sen- dowed by their Creator with certain Remediation Fund $25,000,000. Subject to the ate 203. unalienable rights; that among these limitations in section 804, such funds shall Mr. Speaker, I reserve the balance of are life, liberty, and the pursuit of hap- remain available until expended. my time. piness. The liberty of all Americans is SEC. 804. SUNSET OF AUTHORITY. Ms. BORDALLO. Madam Speaker, I due in large part to the courageous oc- This title— yield myself such time as I may con- cupants of yesterday’s Freedom Fron- (1) shall take effect on the date of the en- sume. tier. actment of this Act; and (Ms. BORDALLO asked and was (2) is repealed effective as of the date that I am pleased to support this bill is 10 years after the date of the enactment of given permission to revise and extend today, and I ask my colleagues to join this Act. her remarks.) me in ensuring that these stories will TITLE IX—NATIONAL COAL HERITAGE Ms. BORDALLO. Madam Speaker, be told for generations to come. Sup- AREA the majority has already explained the port the Freedom’s Frontier Heritage SEC. 901. NATIONAL COAL HERITAGE AREA purpose of S. 203, which passed the Sen- Act and National Heritage Areas Act. AMENDMENTS. ate in July of last year. Many of the MR. WALDEN of Oregon. Thank you Title I of Division II of the Omnibus Parks measures included in S. 203 are ones for your comments and work on this and Public Lands Management Act of 1996 is that previously passed the House and important legislation. I think it is in- amended as follows: affect a broad range of signal histor- credibly important to help people un- (1) In section 103(b)— ical, cultural, scenic, and recreational derstand these issues and our past. (A) by striking ‘‘comprised of the coun- resources. Madam Speaker, I reserve the bal- ties’’ and inserting ‘‘shall be comprised of the following: Madam Speaker, we support S. 203 ance of my time. ‘‘(1) The counties; and’’. and urge its adoption by the House Ms. BORDALLO. Madam Speaker, I (B) by inserting after paragraph (1) (as so today. yield such time as he may consume to designated by paragraph (1) of this sub- I reserve the balance of my time. the distinguished gentleman from New section) the following new paragraphs: Mr. WALDEN of Oregon. Madam Jersey (Mr. HOLT), who has worked ‘‘(2) Lincoln County, West Virginia. Speaker, at this time I am honored and very hard to establish the Crossroads ‘‘(3) Paint Creek and Cabin Creek within privileged to yield to my colleague, Mr. of the American Revolution, the Na- Kanawha County, West Virginia.’’. RYUN, who has been very active on tional Heritage Area in New Jersey. (2) In section 104, by striking ‘‘Governor’’ parts of this bill that pertain to his in- and all that follows through ‘‘organizations’’ Mr. HOLT. Madam Speaker, I thank and inserting ‘‘National Coal Heritage Area terest in his district and State, and I the gentlewoman, and I rise in support Authority, a public corporation and govern- yield him such time as he may con- of S. 203, the National Heritage Act, ment instrumentality established by the sume. which includes designation of the State of West Virginia, pursuant to which Mr. RYUN of Kansas. Madam Speak- Crossroads of the American Revolution the Secretary shall assist the National Coal er, it is my privilege today to rise in in New Jersey as a National Heritage Heritage Area Authority’’. support of S. 203, the National Heritage Area. The SPEAKER pro tempore. Pursu- Areas Act. I specifically rise in support What a great and important story we ant to the rule, the gentleman from Or- of the language in the bill establishing have to tell our children, that we have egon (Mr. WALDEN) and the gentle- the Freedom’s Frontier Heritage Area to tell the world: the story of our War woman from Guam (Ms. BORDALLO) in eastern Kansas and western Mis- of Independence. And the land, the each will control 20 minutes. souri. It is my honor to be the lead au- houses, the bridges and so much of New The Chair recognizes the gentleman thor on this language and am grateful Jersey today tell that story. from Oregon. to the rest of the Kansas delegation As many of my colleagues know, New GENERAL LEAVE and to Mr. SKELTON for all their in- Jersey is often referred to as the cross- Mr. WALDEN of Oregon. Mr. Speak- volvement in this bipartisan bill. roads of the American Revolution. For er, I ask unanimous consent that all Today’s consideration marks a major a number of reasons, thousands of Members may have 5 legislative days milestone after years of hard work at troops crisscrossed the State and in which to revise and extend their re- the grass-roots level. Countless individ- fought on our soil. The State’s stra- marks and include extraneous material uals in my district and surrounding tegic location between the British on the bill under consideration. areas have worked tirelessly to bring stronghold of New York and the rebel The SPEAKER pro tempore. Is there this to this point, and I am grateful to capital in Philadelphia meant that New objection to the request of the gen- each of them. Jersey, New Jersey citizens, were at tleman from Oregon? Freedom’s Frontier Heritage Area the crossroads. In fact, New Jersey had There was no objection. will be pivotal in telling the stories of more military engagements during the Mr. WALDEN of Oregon. Mr. Speak- one of the most crucial periods in this Revolutionary War than any other er, I yield myself such time as I may Nation’s history. During the lead-up to State. consume. the Civil War, Kansas and Missouri Although historians may know this, Senate 203 includes several titles in played crucial and sometimes tragic some of us are working hard to make this carefully constructed bill. Title I roles in our struggle for unity and free- sure that the role of New Jersey during provides for the temporary reduction of dom. These are stories worth telling the Revolution is understood more soda ash royalties; title II establishes and worth preserving for our children broadly. Some of the most important 10 National Heritage Areas; title III au- and our grandchildren. Designation of events of the war, especially the piv- thorizes three suitability and feasi- this area is an extremely important act otal battles of Trenton and Princeton, bility studies for new heritage areas; and will benefit many generations to took place in New Jersey. titles IV makes improvement to and come. New Jersey has hundreds of remnants reauthorizes the Illinois and Michigan While the approval of the Kansas-Ne- of the war today surviving, including Canal National Heritage Corridor; title braska Act in 1854 repealed the Mis- over 250 National Register Revolu- V authorizes an important water stor- souri Compromise of 1820 and gave new tionary War sites that are included in age study; title VI authorizes a special territories the right to vote themselves this heritage area designation covering resources study in the State of Dela- into the Union as either free States or 15 counties. Many traces of our Na- ware to determine the suitability of in- slave States, this was only the begin- tion’s Revolutionary War heritage still cluding certain sites in the National ning of the struggle. The real cost of exist: mines, mills, encampment sites, Park System; title VII reauthorizes the this fight would be paid by those who battlegrounds, and barracks. Some of John H. Chafee Blackstone River Val- occupied those regions bordering the the sites include the Hunt House, in

VerDate Aug 31 2005 02:06 Jul 25, 2006 Jkt 049060 PO 00000 Frm 00045 Fmt 4634 Sfmt 0634 E:\CR\FM\A24JY7.016 H24JYPT1 jcorcoran on PROD1PC62 with HOUSE H5614 CONGRESSIONAL RECORD — HOUSE July 24, 2006 Hopewell, New Jersey, the first head- We passed this feasibility study with derstood and appreciated. It would combine quarters of General Washington as he flying colors, obtaining an enthusiastic the opportunity to protect and preserve historic chased the British from New York to report from the Park Service that New sites, retain the aesthetic character of the Pennsylvania; or the old barracks in Jersey had a rich history and many landscape, and provide recreational opportuni- Trenton, where the troops were housed; surviving remnants of the War of Inde- ties. Rockingham House, where General pendence that make the region a fine New Jersey was quite literally the cross- Washington wrote his farewell message candidate for a heritage area. Since the roads of America’s Revolutionary War. New to the troops; or a road through the study, many State legislators, local Jersey represented a turning point in the Rev- woods, now long abandoned, on which governments, and other organizations olution, too, as America’s struggle for Inde- the soldiers marched to the battle of have endorsed the idea of establishing pendence was nearly lost. More Revolutionary Monmouth; the Sandy Hook Light- the Crossroads of the American Revo- War battles were engaged in New Jersey than house, which was the guardian of New lution Heritage Area. in any other state, nearly 300, and it is high York Harbor and used by both British After the initial findings from the time our state receives the recognition it de- and American armies. National Park Service in August 2002, serves. The list goes on and on, and that is Representative FRELINGHUYSEN and I why this designation of a heritage area The establishment of the Crossroads Na- introduced the Crossroads of the Amer- tional Heritage Area has long been in the is so important for New Jersey. Most ican Revolution National Heritage Act. notable in our history books, of course, works. In the 107th Congress, I introduced the Finally, today, we have it before us on Crossroads of the American Revolution Na- is the famous crossing of the Delaware the floor of this body. by General Washington and his men. tional Heritage Act along with Representative Establishing this heritage area is an HOLT. What happened at the crossing of Dela- important way to preserve the historic ware is a story that must be told again In the Fiscal Year 2000 Interior Appropria- remnants that will allow the telling of tions Act, I secured funding for the Secretary and again so all generations will know New Jersey’s role in the building of this military feat and the new life it of Interior to conduct a ‘‘Special Resources this great Nation. It combines historic Study’’ of the Crossroads region in New Jer- gave to the American Revolution. preservation, environmental protec- By the winter of 1776, the War for sey. On July 8, 2002 the study was released. tion, education, recreation, open space Independence was going badly. General The study specifies that the Crossroads of the acquisition, travel, and tourism. The Washington and his Continental Army American Revolution region and the people of creation of the heritage area means a had experienced defeat after defeat and New Jersey will create a unique sense of great deal for all of these organiza- retreated to Pennsylvania for the win- place; one of protected Revolutionary War tions, private and public, in New Jer- ter. It was brutally cold and morale landscapes and cultural sites, recreational op- was low. Many were losing faith in the sey that are working in all of these portunities and compatible economic develop- leadership of General Washington. By areas to acquire open space, to provide ment. The study area included 15 counties late afternoon on Christmas Day 1776, for recreation and education and envi- spanning the state from Morris, Bergen and over 2,400 troops began to cross the icy ronmental protection. Passaic in the north to Camden and Glouces- Community leaders and local govern- water of the Delaware. The weather ter in the south. It is within this region that ments who care deeply about pre- made the operation difficult. The most of the Revolutionary War actions oc- serving open space and protecting his- troops were forced to fight their way curred and it contains a preponderance of toric sites will work with the local through blinding winter weather. New Jersey’s existing American Revolutionary management agency to achieve these The sleet and snow proved too much resources. goals. The National Heritage Area will for two of the divisions to the south, This legislation highlights New Jersey’s un- be, I think, important for the edu- and General Washington’s troops made equaled heritage and shows how our spectac- cation not just of the children of New the attack alone. Against all odds, ular landscape contributed to the winning of Jersey but for the people of this coun- Washington and his soldiers completed the Revolutionary War. In conclusion, I believe try. Everyone should know what New the crossing, marched silently to Tren- the establishment of the Crossroads of the Jersey brought to the American Revo- ton, with cannon, and on Christmas American Revolution National Heritage Area lution, and preserving these sites and night arrived taking the Hessian garri- will provide the direction and resources need- tying them together under this theme son completely by surprise. This en- ed to maintain what the area has to offer for will certainly help in this endeavor. gagement, followed by the pivotal Bat- generations to come. I urge my colleagues to tle of Princeton, has been called ‘‘the Our current Governor of New Jersey, Jon Corzine, before he left Capitol Hill, support this legislation. beginning of the winning.’’ Mr. SKELTON. Madam Speaker, it has Military engagements were fought succeeded in carrying this through the been said that politics is the art of com- throughout New Jersey, and they gave other body across the Capitol, and I promise. the first glimpse to the world that the want to thank all of those involved American people might succeed in this over the past years that have been in- Today, the House is debating a bill that fight for independence. In New Jersey, strumental in designating the Cross- would designate a number of National Herit- also, there was the crossroads of ideas. roads of the American Revolution Her- age Areas throughout the United States, in- There were people loyal to the Crown itage Area. I see no better way to cluding the Freedom’s Frontier National Herit- and those who were loyal to Adams and honor New Jersey and the people who age Area in western Missouri and eastern Washington and the other revolution- were instrumental during the Amer- Kansas. That portion of the bill, which was aries. The difference was contested ican Revolution than by establishing drafted by my good friend from Kansas, Con- within families, in towns, and on this heritage area. gressman JIM RYUN, is the product of much farmsteads. New Jersey really was at Ms. BORDALLO. Madam Speaker, I negotiation and compromise, and I am the crux of the Revolution, the cross- wish to thank the gentleman from New pleased to lend my support to it. roads of the American Revolution. Jersey, and I commend him and all of As a student of history, I believe it is part of I became involved in this effort to es- our colleagues who have worked dili- our government’s responsibility to promote his- tablish the Crossroads when I first gently to advance this legislation. tory education and to provide opportunities for came to Congress in 1999. And with the Mr. FRELINGHUYSEN. Madam Speaker, I the American people to learn about our na- guidance and leadership from histo- rise to thank the gentleman from California tion’s rich past. Doing so is critical to forming rians and planners, champions of open (Mr. POMBO), chairman of the Committee on a more perfect union and to ensuring we do space preservation, such as Dr. Ted Resources, for bringing through the House of not repeat the mistakes of yesteryear. Stiles, I developed the concept of this Representatives S. 203, the National Heritage The people of Missouri and Kansas have heritage designation. I sought the as- Areas Act of 2005, legislation that establishes contributed a great deal to our nation. In many sistance of my colleague from New Jer- the Crossroads of the American Revolution ways, the border region has mirrored the fin- sey (Mr. FRELINGHUYSEN), and we were National Heritage Area and designates a num- est and darkest days in American history. able to see the passage of legislation ber of other National Heritage Areas. From the bloody border conflicts that set the that would direct the Park Service to This legislation will establish a National Her- stage for the Civil War to our mutual struggle conduct a feasibility study of the re- itage Area that enables New Jersey’s critical to expand the definition of freedom, Missou- gion. role in the American Revolution to be fully un- rians and Kansans have played a role in this

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In the H.R. 3817, introduced by New Mexico tional Heritage Area will allow local and state opinion of the Chair, two-thirds of Representative TOM UDALL, would historical groups and governments to more those present have voted in the affirm- withdraw roughly 101,000 acres, known easily tell our interesting regional story. It will ative. as the Valle Vidal Unit, from mineral encourage collaborative planning on historical Mr. HENSARLING. Madam Speaker, exploration or development. This in- projects and provide important federal re- on that I demand the yeas and nays. cludes patent under mining claims and source opportunities for historical preservation. The yeas and nays were ordered. mineral leases for geothermal or min- I am pleased to have worked with Mr. RYUN The SPEAKER pro tempore. Pursu- ing materials. Any valid existing rights on this bill and am especially grateful he ant to clause 8 of rule XX and the would continue to be recognized; but if agreed to a number of my suggested changes Chair’s prior announcement, further those rights were relinquished or to his original legislation. The final work prod- proceedings on this question will be bought out, that area would also be uct will mean good things for the people of our postponed. withdrawn from the mining laws. This area is known for its recreation, great states and for the history of our country. f namely, horseback riding and hiking, The people of Missouri and Kansas have VALLE VIDAL PROTECTION ACT livestock grazing and wildlife habitat. faced many challenges through the years, and OF 2005 Currently, the Forest Service is revis- our relationship has not always been as pleas- ing its management plan for the Car- ant as it is today. But, through friendship and Mr. WALDEN of Oregon. Madam son National Forest and is likely, compromise, we will now more easily be able Speaker, I move to suspend the rules through public comment and collabora- to explain our regional history in a way that is and pass the bill (H.R. 3817) to with- tion, to withdraw mineral development acceptable to both Missourians and Kansans. draw the Valle Vidal Unit of the Car- Mr. MOORE of Kansas. Madam Speaker, I son National Forest in New Mexico in this area independent of the legisla- rise to express my strong support for S. 203, from location, entry, and patent under tion. The area in question is entirely the National Heritage Areas Act of 2005, legis- the mining laws, and for other pur- within Mr. UDALL’s district. Madam Speaker, I reserve the bal- lation establishing the Freedom’s Frontier Na- poses. The Clerk read as follows: ance of my time. tional Heritage Area. Ms. BORDALLO. Madam Speaker, I The history of the Kansas-Missouri border H.R. 3817 yield myself such time as I may con- region holds a special significance, not only Be it enacted by the Senate and House of Rep- sume. for the people of those two states, but for the resentatives of the United States of America in (Ms. BORDALLO asked and was Congress assembled, entire nation as well. Over 150 years ago, given permission to revise and extend events took place in this region that served as SECTION 1. SHORT TITLE. her remarks.) a precursor to the horrors of the Civil War and This Act may be cited as the ‘‘Valle Vidal Madam Speaker, as the majority ex- Protection Act of 2005’’. which shaped the future of our country. plained, H.R. 3817 withdraws the The Freedom’s Frontier National Heritage SEC. 2. WITHDRAWAL OF VALLE VIDAL UNIT, CARSON NATIONAL FOREST, NEW 101,794-acre Valle Vidal parcel in the Area will serve as a vivid reminder of those MEXICO, FROM MINING LAWS. Carson National Forest in New Mexico historic events, as well as a much-needed (a) WITHDRAWAL.—Subject to subsection from location, entry, and patent under place of remembrance and edification, en- (b), the Valle Vidal Unit of the Carson Na- mining laws. shrining the memories of those who gave their tional Forest in New Mexico, which consists The Valle Vidal compromises some of lives so that all Americans might live in free- of 101,794 acres and is identified as Manage- the finest scenic wildlife and outdoor dom. It will also encourage us to develop a ment Area 21 in the land and resource man- recreational resources in New Mexico. agement plan for the Carson National For- greater understanding of those tumultuous It is the home to the largest herd of elk times in our Nation’s history and strengthen est, is hereby withdrawn from— (1) all forms of entry, appropriation, and in New Mexico and draws hunters from efforts to preserve the region’s historic sites disposal under the public land laws; throughout the United States. and educate citizens in the stories and cultural (2) location, entry, and patent under the The Valle Vidal also contains impor- resources of the region’s legacy. mining laws; and tant fish habitat for species such at the I would also like to take this opportunity to (3) operation of the mineral leasing and Rio Grande cutthroat trout. The Valle commend those individuals who played such geothermal leasing laws and mineral mate- Vidal, furthermore, contains the head- an important role in the progression of the rials laws. waters of several watersheds and is an Freedom’s Frontier National Historic Area. The (b) TREATMENT OF EXISTING RIGHTS.—The important source of fresh water in New development of proposals has allowed for the withdrawal required by subsection (a) is sub- ject to valid existing rights. If these existing Mexico. creation of strong partnerships between rep- rights are relinquished or otherwise acquired H.R. 3817 is supported by a wide coa- resentatives from both Kansas and Missouri by the United States at any time after the lition of groups in New Mexico, includ- and produced a unification of purpose that will date of the enactment of this Act, the lands ing local elected officials, chambers of leave a durable legacy to the next generation that were subject to the rights shall be im- commerce, hunters, conservation of stewards. mediately withdrawn as provided in sub- groups, and businesses. Events which took place in the Kansas-Mis- section (a). Madam Speaker, I would like to con- souri border region have undoubtedly been The SPEAKER pro tempore. Pursu- gratulate our colleague, Representa- significant to the evolving story of American ant to the rule, the gentleman from Or- tive TOM UDALL, who is the sponsor of freedom. It is my hope that the Freedom’s egon (Mr. WALDEN) and the gentle- H.R. 3817 and has worked tirelessly to Frontier National Heritage Area will be a place woman from Guam (Ms. BORDALLO) craft and advance this legislation. where citizens from around the nation can in- each will control 20 minutes. Madam Speaker, we support H.R. crease their appreciation for our country’s en- The Chair recognizes the gentleman 3817. during struggle for freedom and liberty. from Oregon. Mr. UDALL of New Mexico. Madam Speak- Ms. BORDALLO. Madam Speaker, I er, the Valle Vidal, located in the heart of the 1515 have no further speakers, and I yield b Sangre de Cristo Mountains in my district in back the balance of my time. GENERAL LEAVE northern New Mexico, is a lush 100,000-acre MR. WALDEN of Oregon. Madam Mr. WALDEN of Oregon. Madam mountain basin in the Carson National Forest. Speaker, I have no other speakers on Speaker, I ask unanimous consent that In 1982, the Pennzoil Company donated the this side of the aisle. I encourage our all Members may have 5 legislative to unspoiled Valle Vidal to the people of the Members to support this important leg- revise and extend their remarks and in- United States. It was the largest and most val- islation and yield back the balance of clude extraneous material on the bill uable gift of private land ever to the Forest my time. under consideration. Service.

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This ‘‘valley of life’’, as Valle Vidal translates WALDEN for their work on the Valle Vidal Pro- (B) was considered to be a nonpreferential in English, is home to abundant populations of tection Act of 2005. I would also like to thank lease parcel by the Secretary as of January Rocky Mountain wildlife, including the largest fellow New Mexicans Jim O’Donnell of the Co- 1, 2001, and is reflected as such on the roster of leases of the Bureau of Reclamation for herd of elk in our State and some of the finest alition for the Valle Vidal, and Mayor Danny 2001. trout streams in the Nation. Sportsmen, out- Cruz of Springer, rancher Alan Lackey, and (4) PIERRE CANAL FEATURE.—The term door recreationists, cattle ranchers, wildlife en- Bill Schudlich of Trout Unlimited who all trav- ‘‘Pierre Canal feature’’ means the Pierre thusiasts, and horseback riders all enjoy the eled to D.C. to testify on behalf of the Valle Canal feature of the Oahe Unit, James Divi- Valle Vidal’s well-managed and accessible Vidal, and Oscar Simpson, Ed Olona, and sion, authorized by the Act of August 3, 1968 blend of wildland resources. The Valle Vidal is Steve Capra who have worked diligently to (82 Stat. 624), as part of the Pick-Sloan Mis- also a unique place for the Boy Scouts of build broad, meaningful grassroots support for souri River Basin program. this legislation. I would finally like to thank (5) PREFERENTIAL LEASEHOLDER.—The term America who have for decades come from all ‘‘preferential leaseholder’’ means a person or over the country to the adjacent Philmont some of the staff who make everything we do descendant of a person that held a lease on a Scout Ranch, the national high adventure here possible, including Johanna Polsenberg preferential lease parcel as of January 1, base of the Boy Scouts of America. That is and Thomas Garcia on my staff, and Rick 2001, and is reflected as such on the roster of why the Philmont Staff Association, a non- Healy and Jim Zoia on the staff of the Re- leases of the Bureau of Reclamation for 2001. profit organization of more than 2,200 current sources Committee. (6) PREFERENTIAL LEASE PARCEL.—The term and former members of the staff the ranch, Ms. BORDALLO. Madam Speaker, I ‘‘preferential lease parcel’’ means a parcel of yield back the balance of my time. land that— has publicly stated that the Valle Vidal should (A) was purchased by the Secretary for use be maintained as a wilderness experience, Mr. WALDEN of Oregon. Madam Speaker, I yield back the balance of in connection with the Blunt Reservoir fea- free from the impact of coal bed methane de- ture or the Pierre Canal feature; and velopment. my time. The SPEAKER pro tempore. The (B) was considered to be a preferential During my time in Congress, I have closely lease parcel by the Secretary as of January followed numerous events concerning both the question is on the motion offered by 1, 2001, and is reflected as such on the roster the gentleman from Oregon (Mr. WAL- Valle Vidal and our Nation’s energy situation. of leases of the Bureau of Reclamation for DEN) that the House suspend the rules I have traveled to the Valle Vidal to witness its 2001. and pass the bill, H.R. 3817. (7) SECRETARY.—The term ‘‘Secretary’’ beauty and take part in various activities. I The question was taken; and (two- means the Secretary of the Interior, acting have introduced energy policy initiatives and thirds having voted in favor thereof) through the Commissioner of Reclamation. reviewed regulatory action undertaken by the the rules were suspended and the bill (8) STATE.—The term ‘‘State’’ means the executive branch. I have also received thou- was passed. State of South Dakota, including a successor sands of calls, emails, faxes and letters A motion to reconsider was laid on in interest of the State. (9) UNLEASED PARCEL.—The term ‘‘unleased against drilling and, I think I can safely say, the table. none in support of it. As a result, I have come parcel’’ means a parcel of land that— f to the inescapable conclusion that the Valle (A) was purchased by the Secretary for use BLUNT RESERVOIR AND PIERRE in connection with the Blunt Reservoir fea- Vidal should be protected from energy devel- ture or the Pierre Canal feature; and opment. It is clear to me that the value of the CANAL LAND CONVEYANCE ACT (B) is not under lease as of the date of en- Valle Vidal lies only in its broad public acces- OF 2006 actment of this Act. sibility and natural beauty and not in its finite Mr. WALDEN of Oregon. Madam (b) DEAUTHORIZATION.—The Blunt Res- supply of energy. Speaker, I move to suspend the rules ervoir feature is deauthorized. New Mexicans and thousands of Americans (c) ACCEPTANCE OF LAND AND OBLIGA- and pass the bill (H.R. 4301) to direct TIONS.— are overwhelmingly against drilling in the ref- the Secretary of the Interior to convey (1) IN GENERAL.—As a term of each convey- uge. These concerned citizens recognize that certain parcels of land acquired for the ance under subsections (d)(5) and (e), respec- the Valle Vidal’s minimal contribution to our Blunt Reservoir and Pierre Canal fea- tively, the State may agree to accept— energy needs is not worth despoiling such an tures of the initial stage of the Oahe (A) in ‘‘as is’’ condition, the portions of the important ecological resource. The con- Unit, James Division, South Dakota, Blunt Reservoir Feature and the Pierre sequences are just too great. Moreover, many to the Commission of Schools and Pub- Canal Feature that pass into State owner- ship; of my constituents, as confirmed by recent lic Lands and the Department of Game, economic studies, recognize that the protec- (B) any liability accruing after the date of Fish, and Parks of the State of South conveyance as a result of the ownership, op- tion of special public lands like the Valle Vidal Dakota for the purpose of mitigating eration, or maintenance of the features re- is good for local economies and that exploi- lost wildlife habitat, on the condition ferred to in subparagraph (A), including li- tation of these places for a few hours of en- that the current preferential lease- ability associated with certain outstanding ergy will, in fact, hurt long-term economic holders shall have an option to pur- obligations associated with expired ease- growth and sustainability. Fundamentally, drill- chase the parcels from the Commis- ments, or any other right granted in, on, ing in the Valle Vidal to create more energy is sion, and for other purposes, as amend- over, or across either feature; and a false choice. (C) the responsibility that the Commission ed. will act as the agent for the Secretary in ad- The very fact that this special place is being The Clerk read as follows: targeted for oil and gas leasing radically dem- ministering the purchase option extended to H.R. 4301 preferential leaseholders under subsection onstrates the current and growing crisis with Be it enacted by the Senate and House of Rep- (d). America’s energy situation. We must urgently resentatives of the United States of America in (2) RESPONSIBILITIES OF THE STATE.—An find ways to balance the needs of supplying Congress assembled, outstanding obligation described in para- safe, reliable energy and of ensuring a livable SECTION 1. SHORT TITLE. graph (1)(B) shall inure to the benefit of, and and sustainable environment for the people of This Act may be cited as the ‘‘Blunt Res- be binding upon, the State. the United States. ervoir and Pierre Canal Land Conveyance (3) OIL, GAS, MINERAL AND OTHER OUT- To that end, I urge all of my colleagues in Act of 2006’’. STANDING RIGHTS.—A conveyance to the the House to support passage of The Valle SEC. 2. BLUNT RESERVOIR AND PIERRE CANAL. State under subsection (d)(5) or (e) or a sale Vidal Protection Act of 2005 to permanently (a) DEFINITIONS.—In this section: to a preferential leaseholder under sub- (1) BLUNT RESERVOIR FEATURE.—The term section (d) shall be made subject to— protect the Valle Vidal from mineral extraction. ‘‘Blunt Reservoir feature’’ means the Blunt (A) oil, gas, and other mineral rights re- The Valle Vidal’s ecological health and public Reservoir feature of the Oahe Unit, James served of record, as of the date of enactment accessibility should be protected so it can be Division, authorized by the Act of August 3, of this Act, by or in favor of a third party; enjoyed to the utmost by current and future 1968 (82 Stat. 624), as part of the Pick-Sloan and generations. This ecosystem and its myriad of Missouri River Basin program. (B) any permit, license, lease, right-of-use, recreational opportunities are too valuable to (2) COMMISSION.—The term ‘‘Commission’’ or right-of-way of record in, on, over, or the people of New Mexico and the Nation, and means the Commission of Schools and Public across a feature referred to in paragraph the energy gains too miniscule, to justify any Lands of the State. (1)(A) that is outstanding as to a third party (3) NONPREFERENTIAL LEASE PARCEL.—The as of the date of enactment of this Act. damage to this special area. term ‘‘nonpreferential lease parcel’’ means a (4) ADDITIONAL CONDITIONS OF CONVEYANCE I would like to express my sincere apprecia- parcel of land that— TO STATE.—A conveyance to the State under tion to Chairman POMBO and to Ranking Mem- (A) was purchased by the Secretary for use subsection (d)(5) or (e) shall be subject to the ber RAHALL and especially to my colleague on in connection with the Blunt Reservoir fea- reservations by the United States and the the Forest Subcommittee, Chairman GREG ture or the Pierre Canal feature; and conditions specified in section 1 of the Act of

VerDate Aug 31 2005 02:06 Jul 25, 2006 Jkt 049060 PO 00000 Frm 00048 Fmt 4634 Sfmt 0634 E:\CR\FM\A24JY7.031 H24JYPT1 jcorcoran on PROD1PC62 with HOUSE July 24, 2006 CONGRESSIONAL RECORD — HOUSE H5617 May 19, 1948 (chapter 310; 62 Stat. 240), as Department of Game, Fish, and Parks the essary to reimburse the Commission and the amended (16 U.S.C. 667b), for the transfer of nonpreferential lease parcels and unleased State Department of Game, Fish, and Parks property to State agencies for wildlife con- parcels of the Blunt Reservoir and Pierre for expenses incurred implementing this Act, servation purposes. Canal. not to exceed 10 percent of the cost of each (d) PURCHASE OPTION.— (B) WILDLIFE HABITAT MITIGATION.—Land transaction conducted under this Act. (1) IN GENERAL.—A preferential leaseholder conveyed under subparagraph (A) shall be The SPEAKER pro tempore. Pursu- shall have an option to purchase from the used by the South Dakota Department of ant to the rule, the gentleman from Or- Secretary or the Commission, acting as an Game, Fish, and Parks for the purpose of agent for the Secretary, the preferential mitigating the wildlife habitat that was lost egon (Mr. WALDEN) and the gentle- lease parcel that is the subject of the lease. as a result of the development of the Pick- woman from Guam (Ms. BORDALLO) (2) TERMS.— Sloan project. each will control 20 minutes. (A) IN GENERAL.—Except as provided in (2) LAND EXCHANGES FOR NONPREFERENTIAL The Chair recognizes the gentleman subparagraph (B), a preferential leaseholder LEASE PARCELS AND UNLEASED PARCELS.— from Oregon. may elect to purchase a parcel on one of the (A) IN GENERAL.—With the concurrence of GENERAL LEAVE following terms: the South Dakota Department of Game, Mr. WALDEN of Oregon. Madam (i) Cash purchase for the amount that is Fish, and Parks, the South Dakota Commis- Speaker, I ask unanimous consent that equal to— sion of Schools and Public Lands may allow (I) the value of the parcel determined a person to exchange land that the person all Members may have 5 legislative under paragraph (4); minus owns elsewhere in the State for a nonpref- days to revise and extend their re- (II) ten percent of that value. erential lease parcel or unleased parcel at marks and include extraneous material (ii) Installment purchase, with 10 percent Blunt Reservoir or Pierre Canal, as the case on the bill under consideration. of the value of the parcel determined under may be. The SPEAKER pro tempore. Is there paragraph (4) to be paid on the date of pur- (B) PRIORITY.—The right to exchange non- objection to the request of the gen- chase and the remainder to be paid over not preferential lease parcels or unleased parcels tleman from Oregon? more than 30 years at 3 percent annual inter- shall be granted in the following order or pri- est. There was no objection. ority: Mr. WALDEN of Oregon. I yield my- (B) VALUE UNDER $10,000.—If the value of the (i) Exchanges with current lessees for non- parcel is under $10,000, the purchase shall be self such time as I may consume. preferential lease parcels. H.R. 4301, sponsored by Congress- made on a cash basis in accordance with sub- (ii) Exchanges with adjoining and adjacent woman STEPHANIE HERSETH, brings paragraph (A)(I). landowners for unleased parcels and nonpref- (3) OPTION EXERCISE PERIOD.— erential lease parcels not exchanged by cur- much needed closure and justice for a (A) IN GENERAL.—A preferential lease- rent lessees. number of landowners who have been holder shall have until the date that is 5 (C) EASEMENT FOR WATER CONVEYANCE negatively impacted by a South Da- years after enactment of this Act to exercise STRUCTURE.—As a condition of the exchange kota irrigation project that never ma- the option under paragraph (1). of land of the Pierre Canal Feature under terialized. To complete the irrigation (B) CONTINUATION OF LEASES.—Until the this paragraph, the United States reserves a date specified in subparagraph (A), a pref- project, the Federal Government ac- perpetual easement to the land to allow for erential leaseholder shall be entitled to con- quired over 19,000 acres from local land- the right to design, construct, operate, main- tinue to lease from the Secretary the parcel owners. Many of these lands were ob- tain, repair, and replace a pipeline or other leased by the preferential leaseholder under water conveyance structure over, under, tained by condemnation. Despite all the same terms and conditions as under the across, or through the Pierre Canal feature. this hardship, the project was never lease, as in effect as of the date of enactment (f) RELEASE FROM LIABILITY.— completed, but the Federal Govern- of this Act. (1) IN GENERAL.—Effective on the date of ment has retained ownership to the (4) VALUATION.— conveyance of any parcel under this Act, the (A) IN GENERAL.—The value of a pref- lands for the last 30 years. United States shall not be held liable by any erential lease parcel shall be its fair market This bill simply gives many of the court for damages of any kind arising out of value for agricultural purposes determined landowners options to buy the land any act, omission, or occurrence relating to by an independent appraisal less 25 percent, back and gives some of the land to the the parcel, except for damages for acts of exclusive of the value of private improve- negligence committed by the United States State of South Dakota to benefit fish ments made by the leaseholders while the or by an employee, agent, or contractor of and wildlife. The legislation also for- land was federally owned before the date of the United States, before the date of convey- mally deauthorizes that irrigation the enactment of this Act, in conformance ance. project. with the Uniform Appraisal Standards for (2) NO ADDITIONAL LIABILITY.—Nothing in This bill is a culmination of many Federal Land Acquisition. this section adds to any liability that the (B) FAIR MARKET VALUE.—Any dispute over years of hard work among various in- United States may have under chapter 171 of the fair market value of a property under terests. It not only provides fairness to title 28, United States Code (commonly subparagraph (A) shall be resolved in accord- local landowners and the county gov- known as the ‘‘Federal Tort Claims Act’’). ance with section 2201.4 of title 43, Code of (g) REQUIREMENTS CONCERNING CONVEYANCE ernment, but it also improves the envi- Federal Regulations. OF LEASE PARCELS.— ronment. I commend the South Dakota (5) CONVEYANCE TO THE STATE.— (1) INTERIM REQUIREMENTS.—During the pe- delegation for their hard work and urge (A) IN GENERAL.—If a preferential lease- riod beginning on the date of enactment of my colleagues to support this most im- holder fails to purchase a parcel within the this Act and ending on the date of convey- portant, balanced and fair legislation. period specified in paragraph (3)(A), the Sec- ance of the parcel, the Secretary shall con- retary shall convey the parcel to the State of Madam Speaker, I reserve the bal- tinue to lease each preferential lease parcel ance of my time. South Dakota Department of Game, Fish, or nonpreferential lease parcel to be con- and Parks. Ms. BORDALLO. Madam Speaker, I veyed under this section under the terms and yield myself such time as I may con- (B) WILDLIFE HABITAT MITIGATION.—Land conditions applicable to the parcel on the conveyed under subparagraph (A) shall be date of enactment of this Act. sume. used by the South Dakota Department of (2) PROVISION OF PARCEL DESCRIPTIONS.— (Ms. BORDALLO asked and was Game, Fish, and Parks for the purpose of Not later than 180 days after the date of the given permission to revise and extend mitigating the wildlife habitat that was lost enactment of this Act, the Secretary, in con- her remarks.) as a result of the development of the Pick- sultation with the Commission, shall provide Ms. BORDALLO. Madam Speaker, we Sloan project. the State a full legal description of all pref- on this side of the aisle strongly sup- (6) USE OF PROCEEDS.—Proceeds of sales of erential lease parcels and nonpreferential land under this Act shall be deposited as port passage of H.R. 4301. I congratu- lease parcels that may be conveyed under late our colleague and member of the miscellaneous funds in the Treasury and this section. Resources Committee, Ms. HERSETH, such funds shall be made available, subject (h) CURATION OF ARCHEOLOGICAL COLLEC- to appropriations, to the State for the estab- TIONS.—The Secretary, in consultation with for her hard work on this legislation. lishment of a trust fund to pay the county the State, shall transfer, without cost to the Ms. HERSETH is in South Dakota this taxes on the lands received by the State De- State, all archeological and cultural re- afternoon working with farmers who partment of Game, Fish, and Parks under source items collected from the Blunt Res- are dealing with a severe drought. the bill. ervoir Feature and Pierre Canal Feature to Officials representing the Bureau of (e) CONVEYANCE OF NONPREFERENTIAL the South Dakota State Historical Society. Reclamation used a heavy hand in the LEASE PARCELS AND UNLEASED PARCELS.— (i) AUTHORIZATION OF APPROPRIATIONS.— late 1960s and the early 1970s as they (1) CONVEYANCE BY SECRETARY TO STATE.— There is authorized to be appropriated to (A) IN GENERAL.—Not later than 1 year carry out this Act $750,000 to reimburse the acquired land for Blunt Reservoir and after the date of enactment of this Act, the Secretary for expenses incurred in imple- other features of the proposed Oahe ir- Secretary shall convey to the South Dakota menting this Act, and such sums as are nec- rigation project in South Dakota.

VerDate Aug 31 2005 02:06 Jul 25, 2006 Jkt 049060 PO 00000 Frm 00049 Fmt 4634 Sfmt 0634 E:\CR\FM\A24JY7.018 H24JYPT1 jcorcoran on PROD1PC62 with HOUSE H5618 CONGRESSIONAL RECORD — HOUSE July 24, 2006 Farmers in the path of project canals the economic development and rec- Sec. 208. Native American cultural and reli- and reservoirs were bullied into selling reational use of National Forest Sys- gious uses. their lands at rock-bottom prices, only tem lands and other public lands in Sec. 209. Military overflights. Sec. 210. Wilderness review. to find out a few years later that the central Idaho, to designate the Boul- water project would probably never der-White Cloud Management Area to TITLE III—BOULDER-WHITE CLOUDS MANAGEMENT AREA ever be built. ensure the continued management of H.R. 4301 will allow farmers to buy certain National Forest System lands Sec. 301. Establishment of management area. back their old lands at a significant and Bureau of Land Management lands Sec. 302. Land acquisition and acquisition of savings from the currently appraised for recreational and grazing use and unpatented mining claims in value. This is a fair and appropriate so- conservation and resource protection, management area. lution to a problem that has taken far to add certain National Forest System Sec. 303. Motorized and bicycle travel. too long to resolve. lands and Bureau of Land Management Sec. 304. Support and use of Idaho Off Road I again offer congratulations and ex- lands in central Idaho to the National Motor Vehicle Program. Sec. 305. Airports and landing strips. press our appreciation to Ms. HERSETH, Wilderness Preservation System, and Sec. 306. Management of Railroad Ridge and I urge my colleagues to support for other purposes, as amended. area, Sawtooth National For- H.R. 4301. The Clerk read as follows: est. Ms. HERSETH. Madam Speaker, I rise H.R. 3603 TITLE I—CENTRAL IDAHO ECONOMIC DE- today in support of H.R. 4301, the Blunt Res- Be it enacted by the Senate and House of Rep- VELOPMENT AND RECREATION PRO- ervoir and Pierre Canal Land Conveyance Act resentatives of the United States of America in MOTION of 2006. Congress assembled, SEC. 101. LAND CONVEYANCE, DESIGNATED SAW- Between 1972 and 1977, the federal gov- SECTION 1. SHORT TITLE AND TABLE OF CON- TOOTH NATIONAL RECREATION ernment acquired roughly 19,000 acres in two TENTS. AREA LAND TO CUSTER COUNTY, South Dakota Counties for an irrigation project (a) SHORT TITLE.—This Act may be cited as IDAHO. (a) CONVEYANCE REQUIRED.—Subject to the as part of the Pick-Sloan Missouri Basin Pro- the ‘‘Central Idaho Economic Development and Recreation Act’’. deed restrictions required by subsection (b), gram. Though this project was abandoned in (b) TABLE OF CONTENTS.—The table of con- the Secretary of Agriculture, acting through 1977, the federal government has maintained tents for this Act is as follows: the Chief of the Forest Service, shall convey, ownership of the land and continues to lease Sec. 1. Short title and table of contents. without consideration, to Custer County, it to many of the original landowners. Idaho (in this section referred to as the TITLE I—CENTRAL IDAHO ECONOMIC DE- H.R. 4301 would finally deauthorize the irri- ‘‘County’’), all right, title, and interest of VELOPMENT AND RECREATION PRO- the United States in and to certain Federal gation project, giving the original landowners MOTION the option to buy back their land, and convey land in the Sawtooth National Recreation Sec. 101. Land conveyance, designated Saw- Area consisting of a total of approximately the remaining parcels to the State of South tooth National Recreation Area 86 acres, including a road encompassing ap- Dakota for wildlife mitigation purposes. This land to Custer County, Idaho. proximately 15 acres, adjoining the northern bill is a compromise piece of legislation that Sec. 102. Land conveyance, designated Saw- boundary of the City of Stanley, Idaho, and reflects the wishes of both the original land- tooth National Forest and BLM identified as Parcel B on the map entitled owners and the State of South Dakota. land to Blaine County, Idaho. ‘‘Custer County Conveyance—STANLEY’’ I’d like to thank Resources Committee Sec. 103. Land conveyance, designated Na- and dated July 24, 2006. tional Forest System land to Chairman RICHARD POMBO, Ranking Member (b) USE OF CONVEYED LAND.—In making the City of Stanley, Idaho. conveyance under subsection (a) to the Coun- NICK RAHALL, Resources Water and Power Sec. 104. Land conveyance, designated BLM ty, the Secretary shall include the following Subcommittee Chairman RADANOVICH, and land to City of Clayton, Idaho. deed restrictions relating to the use of the Subcommittee Ranking Member NAPOLITANO Sec. 105. Land conveyance, designated BLM conveyed land to ensure that such use is con- for their assistance throughout this process. I’d land to City of Mackay, Idaho. sistent with the planning process of the also like to thank South Dakota Senators TIM Sec. 106. Land conveyance, designated BLM County and management of the Sawtooth JOHNSON and JOHN THUNE. Our work together land to City of Challis, Idaho. National Recreation Area: has allowed this legislation to proceed the Sec. 107. Land conveyance authority, sup- (1) LIMITATION ON NUMBER OF HOME SITES.— port for motorized and bicycle Not more than 10 home sites may be devel- House Floor in a bipartisan manner. recreation, public land in cen- After almost 30 years of waiting, it is impor- oped on the conveyed land, and houses and tral Idaho. outbuildings constructed on the home sites tant than Congress finally act to return these Sec. 108. Treatment of existing roads and may not be visible from Highways 75 and 21. acres to private hands and local tax-rolls. To- trails. (2) LIMITATIONS REGARDING HOUSE CON- day’s vote provides an opportunity to do so. I Sec. 109. Stanley-Redfish Lake bike and STRUCTION.—Not more than one single-family urge my colleagues to support this long over- snowmobile trail and related house may be constructed on each home site, due legislation. parking lot. and each house shall be subject to the fol- Ms. BORDALLO. Madam Speaker, I Sec. 110. Support for other trail construc- lowing requirements: tion and maintenance activi- yield back the balance of my time. (A) USE.—Residential. ties. (B) SIZE.—Not more than 3,500 square feet Mr. WALDEN of Oregon. Madam Sec. 111. Support for outfitter and guide ac- Speaker, I urge my colleagues to sup- gross floor space, including attached garage, tivities. but excluding basements, decks, and porches. port this important legislation, and I Sec. 112. Grants to support sustainable eco- No more than 26 feet in height from natural yield back the balance of my time. nomic development and recre- ground level, excluding any chimney. The SPEAKER pro tempore. The ation. (C) DESIGN.—Western ranch-style, having question is on the motion offered by Sec. 113. Continuation of public access to rectangular or square sections with no more Bowery National Forest Guard the gentleman from Oregon (Mr. WAL- than three ridgelines, excluding dormers. Station. DEN) that the House suspend the rules (D) WINDOWS.—Rectangular or square, di- Sec. 114. Expansion and improvement of vided light, and no more than 24 square feet and pass the bill, H.R. 4301, as amend- Herd Lake Campground. ed. in size. Windows shall not exceed 30 percent Sec. 115. Land exchange to eliminate State of the area of any wall. The question was taken; and (two- of Idaho inholdings in Sawtooth (E) STRUCTURAL SIDING.—Log, log-sided, thirds having voted in favor thereof) National Recreation Area and rough-sawn lumber, board and batten, or the rules were suspended and the bill, new wilderness areas. suitable wood substitutes, which shall be as amended, was passed. TITLE II—CENTRAL IDAHO WILDERNESS harmoniously colored or have a natural wood A motion to reconsider was laid on AREAS finish. the table. Sec. 201. Additions to National Wilderness (F) ROOF.—Wood, composite, or non-reflec- tive metal in muted earth tones of brown. f Preservation System. Sec. 202. General administration of wilder- (3) LIMITATIONS REGARDING OUTBUILDINGS.— CENTRAL IDAHO ECONOMIC DE- ness areas. Not more than two outbuildings may be con- VELOPMENT AND RECREATION Sec. 203. Acquisition of mineral interests structed on each home site, and such out- ACT and lands from willing sellers. buildings shall be subject to the following re- Sec. 204. Adjacent management. quirements: Mr. WALDEN of Oregon. Madam Sec. 205. Wildfire management. (A) USE.—A outbuilding may not include Speaker, I move to suspend the rules Sec. 206. Water rights. kitchen or sleeping facilities or otherwise be and pass the bill (H.R. 3603) to promote Sec. 207. Wildlife management. equipped for residential purposes.

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(B) SIZE.—No more than 850 square feet land to be conveyed under subsection (a) and interest of the United States in and to gross floor space in the aggregate. Single shall be determined by a survey satisfactory National Forest System land consisting of story, no more than 26 feet from natural to the Secretary. The cost of the survey two parcels containing a total of approxi- ground level. shall be borne by the Secretary. The legal mately 8 acres adjoining the western bound- (C) DESIGN.—Western ranch-style com- description shall be prepared as soon as prac- ary of the City and a total of approximately prised of rectangular or square sections with ticable after the date of the enactment of 68 acres, including roads and improvements, no more than one ridgeline. this Act. adjoining the northeastern boundary of the (D) WINDOWS.—Rectangular or square, di- (e) APPROVAL AND ACCESS REQUIREMENTS.— City, respectively, and identified as Parcels vided light of no more than 24 square feet. Any improvement to be made to a home site A and C on the map entitled ‘‘STANLEY (E) STRUCTURAL SIDING.—Log, log-sided, developed on the land conveyed under sub- CONVEYANCE’’ and dated July 24, 2006. rough-sawn lumber, board and batten, or section (a) shall be subject to the approval in (b) USE OF PARCEL A LAND.—In making the suitable wood substitutes, which shall be writing, and in advance of being made, by conveyance under subsection (a) to the City harmoniously colored or have a natural wood the appropriate County officials. Representa- of the land identified as Parcel A on the map finish. tives of the County may enter the home sites referred to in such subsection, the Secretary (F) ROOF.—Wood, composite, or non-reflec- at reasonable times to monitor compliance shall include the following deed restrictions tive metal in muted earth tones of brown. with the deed restrictions imposed by sub- relating to the use of the conveyed land to (4) LIMITATIONS REGARDING SATELLITE section (b). ensure that such use is consistent with the DISH.—Each home site may contain not more (f) ENFORCEMENT.—As a condition on the planning process of the City and Custer than one satellite dish, not to exceed 24 conveyance under subsection (a), the County County, Idaho, and management of adjacent inches in diameter, which shall be located as shall agree to enforce the deed restrictions National Forest System land: unobtrusively as best available technology imposed by subsections (b) and (c). (1) LIMITATION ON NUMBER OF HOME SITES.— allows. (g) REVERSIONARY INTEREST.—If the Sec- Not more than 4 home sites may be devel- (5) LIMITATIONS REGARDING EXTERIOR LIGHT- retary determines at any time that a home oped on Parcel A. ING.—Each home site may contain not than site developed on the land conveyed under (2) LIMITATIONS REGARDING HOUSE CON- two exterior lighting sources, which shall be subsection (a) is not in compliance with the STRUCTION.—Not more than one single-family shielded downwards and may not exceed 150 deed restrictions imposed by subsection (b) house may be constructed on each home site, watts each. Neither light source may be or (c), all right, title, and interest in and to and each house shall be subject to the fol- flashing. the home site, including any improvements lowing requirements: (A) USE.—Residential. (6) LIMITATIONS REGARDING LANDSCAPING.— thereon, shall revert to the United States, (B) SIZE.—Not more than 3,000 square feet The landscaping for each home site shall be and the United States shall have the right of gross floor space, including attached garage, compatible with the open setting of the immediate entry onto the property. Any de- but excluding basements, decks, and porches. home site and incorporate materials, termination of the Secretary under this sub- Single story, no more than 22 feet in height groundcover, shrubs, and trees that are in- section shall be made on the record after an from natural ground level, excluding any digenous to the area. Areas exposed due to opportunity for a hearing, and the Secretary chimney. excavation shall be rehabilitated to pre-ex- shall give the landowner a reasonable oppor- (C) DESIGN.—Western ranch-style, having cavation conditions within two years fol- tunity to restore the home site to compli- rectangular or square sections with no more lowing completion of construction. ance with the deed restrictions. than two ridgelines, excluding dormers. (7) LIMITATIONS REGARDING ROADS AND (h) ROAD ACCESS.—In making the convey- (D) WINDOWS.—Rectangular or square, di- DRIVEWAYS.—Any road or driveway for a ance under subsection (a) to the County, the vided light, and no more than 24 square feet home site may not exceed 14 feet in width. Secretary shall include a deed restriction re- in size. Windows with exterior walls visible (8) LIMITATIONS REGARDING FENCING.— quiring that the road referred to in such sub- from Highway 21 shall not exceed 30 percent Fences on a home site shall be in the log section shall remain open to the public to of the area of the wall. worm, log block, or jack style and shall in- provide access to adjacent Federal land and (E) STRUCTURAL SIDING.—Log, log-sided, corporate wildlife-friendly elements. private property. rough-sawn lumber, board and batten, or (9) LIMITATIONS REGARDING UTILITIES.—All (i) ADDITIONAL TERM AND CONDITIONS.—The new utilities serving a home site shall be lo- Secretary may require such additional terms suitable wood substitutes, which shall be cated underground. and conditions in connection with the con- harmoniously colored or have a natural wood (c) PROHIBITIONS.— veyance under subsection (a) as the Sec- finish. (1) SUBDIVISION.—Except as expressly au- retary considers appropriate to protect the (F) ROOF.—Wood, composite, or non-reflec- thorized in subsection (b) regarding the land interests of the United States. tive metal in muted earth tones of brown. (3) LIMITATIONS REGARDING OUTBUILDINGS.— conveyed under subsection (a), the conveyed SEC. 102. LAND CONVEYANCE, DESIGNATED SAW- land may not be divided, subdivided or TOOTH NATIONAL FOREST AND BLM Not more than one outbuilding may be con- defacto subdivided through sales, long-term LAND TO BLAINE COUNTY, IDAHO. structed on each home site, and the out- leases, or other means. (a) CONVEYANCE REQUIRED.—The Secretary building shall be subject to the following re- (2) PROHIBITED USES.—The land conveyed of Agriculture, acting through the Chief of quirements: under subsection (a) may not be used for any the Forest Service, and the Secretary of the (A) USE.—A outbuilding may not include of the following purposes: Interior, acting through the Director of the kitchen or sleeping facilities or otherwise be (A) Commercial, manufacturing, indus- Bureau of Land Management, shall convey, equipped for residential purposes. trial, mining, or drilling operations, except without consideration, to Blaine County, (B) SIZE.—No more than 600 square feet that small in-home businesses, such as pro- Idaho (in this section referred to as the gross floor space in the aggregate. Single fessional services, may be allowed. ‘‘County’’), all right, title, and interest of story, no more than 22 feet from natural (B) Exploration, development, or extrac- the United States in and to the parcels of ground level. tion of minerals. Federal land in the Sawtooth National For- (C) DESIGN.—Western ranch-style com- (C) Dumping or accumulation of trash, de- est and Bureau of Land Management land prised of rectangular or square sections with bris, junk cars, unserviceable equipment, or identified for conveyance under this section no more than one ridgeline. other unsightly materials. on the map entitled ‘‘Blaine County Convey- (D) WINDOWS.—Rectangular or square, di- (D) Placement of residential trailers, mo- ance’’ and dated July 24, 2006. vided light of no more than 24 square feet. bile homes, manufactured homes, modular (b) SURVEY.—The exact acreage and legal (E) STRUCTURAL SIDING.—Log, log-sided, buildings, or other such semi-permanent description of the land to be conveyed under rough-sawn lumber, board and batten, or structures. subsection (a) shall be determined by a sur- suitable wood substitutes, which shall be (E) Placement of towers, antennae, or sat- vey satisfactory to the Secretary. The cost harmoniously colored or have a natural wood ellite dishes that are not concealed from of the survey shall be borne by the Sec- finish. public view, except to the extent that the retary. (F) ROOF.—Wood, composite, or non-reflec- right is expressly granted in subsection (c) ADDITIONAL TERM AND CONDITIONS.—The tive metal in muted earth tones of brown. (b)(4). Secretary may require such additional terms (4) LIMITATIONS REGARDING SATELLITE (F) Placement of signs, billboards, or other and conditions in connection with the con- DISH.—Each home site may contain not more advertising devices, other than one property veyance under subsection (a) as the Sec- than one satellite dish, not to exceed 24 identification sign and one for sale or rental retary considers appropriate to protect the inches in diameter, which shall be located as sign, not to exceed two square feet in area, interests of the United States. unobtrusively as best available technology and such signs shall be harmonious in design SEC. 103. LAND CONVEYANCE, DESIGNATED NA- allows. and color with the surroundings. TIONAL FOREST SYSTEM LAND TO (5) LIMITATIONS REGARDING EXTERIOR LIGHT- (G) Disposal or unlawful storage of haz- CITY OF STANLEY, IDAHO. ING.—Each home site may contain not than ardous substances, as defined in the Com- (a) CONVEYANCE REQUIRED.—Subject to the two exterior lighting sources, which shall be prehensive Environmental Response, Com- deed restrictions required by subsection (b), shielded downwards and may not exceed 150 pensation, and Liability Act of 1980 (42 the Secretary of Agriculture, acting through watts each. Neither light source may be U.S.C. 9601 et seq.). the Chief of the Forest Service, shall convey flashing. (d) SURVEY AND LEGAL DESCRIPTION.—The to the City of Stanley, Idaho (in this section (6) LIMITATIONS REGARDING LANDSCAPING.— exact acreage and legal description of the referred to as the ‘‘City’’), all right, title, The landscaping for each home site shall be

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compatible with the open setting of the (9) SIGNAGE.—Only signs identifying a com- shall be borne by the Secretary. The legal home site and incorporate materials, mercial enterprise being conducted on Parcel description shall be prepared as soon as prac- groundcover, shrubs, and trees that are in- C may be placed on the parcel. Signs may ticable after the date of the enactment of digenous to the area. Areas exposed due to not exceed 20 square feet in area, and shall this Act. excavation shall be rehabilitated to pre-ex- be subdued in appearance and harmonizing in (g) APPROVAL AND ACCESS REQUIREMENTS.— cavation conditions within two years fol- design and color with the surroundings. No (1) GENERAL REQUIREMENTS.—Any improve- lowing completion of construction. sign may be flashing. ment to be made to land conveyed under sub- (7) LIMITATIONS REGARDING ROADS AND (10) LIMITATIONS REGARDING STREAM SET- section (a) shall be subject to the approval in DRIVEWAYS.—Any road or driveway for a BACKS.—To protect the integrity of fish habi- writing, and in advance of being made, by home site may not exceed 14 feet in width. tat and Valley Creek from the impact of de- the appropriate City officials. Representa- (8) LIMITATIONS REGARDING FENCING.— velopment, a minimum setback of 100 feet tives of the City may enter the land at rea- Fences on a home site shall be in the log from each bank of Valley Creek shall be re- sonable times to monitor compliance with worm, log block, or jack style and shall in- quired for the construction of all houses and the deed restrictions imposed by subsection corporate wildlife-friendly elements. other structures on Parcel C. (b), (c), or (d). (9) LIMITATIONS REGARDING UTILITIES.—All (d) PROHIBITIONS.— (2) PREPARATION AND APPROVAL OF DEVEL- new utilities serving a home site shall be lo- (1) SUBDIVISION.—Except as expressly au- OPMENT PLAN FOR PARCEL C.—The land identi- cated underground. thorized in subsection (b) or (c) regarding the fied as Parcel C on the map referred to in (c) USE OF PARCEL C LAND.—In making the land conveyed under subsection (a), the con- subsection (a) and conveyed to the City conveyance under subsection (a) to the City veyed land may not be divided, subdivided or under such subsection shall not be developed of the land identified as Parcel C on the map defacto subdivided through sales, long-term until such time as a development plan con- referred to in such subsection, the Secretary leases, or other means. sistent with subsections (c) and (d) is re- shall include the following deed restrictions (2) PROHIBITED USES.—The land conveyed viewed and approved by a special commis- relating to the use of the conveyed land to under subsection (a) may not be used for any sion consisting of at least one elected official ensure that such use is consistent with the of the following purposes: representing Custer County, one elected offi- planning process of the City and Custer (A) Commercial, manufacturing, indus- cial representing the City, and three individ- County, Idaho, and management of National trial, mining, or drilling operations, except uals who are not employed by or officials of Forest System land: that small in-home businesses, such as pro- the County or City and reside within the (1) AUTHORIZED USES.—Parcel C may be fessional services, may be allowed, and, sub- boundaries of the Sawtooth National Recre- used— ject to subsection (c)(1)(B), certain commer- ation Area. The non-governmental represent- (A) to provide housing for persons em- cial operations may be allowed on the land atives shall be selected jointly by the elected ployed full-time, whether on a year-round identified as Parcel C on the map referred to officials on the commission. basis or seasonally, within the Sawtooth Na- in subsection (a). (h) ENFORCEMENT.—As a condition on the tional Recreation Area; and (B) Exploration, development, or extrac- conveyance under subsection (a), the City (B) for other public purposes, including use tion of minerals. shall agree to enforce the deed restrictions as the site for a park, cemetery, community (C) Dumping or accumulation of trash, de- imposed by subsections (b), (c), and (d). center, or educational facility bris, junk cars, unserviceable equipment, or (i) REVERSIONARY INTEREST.—If the Sec- (2) LIMITATIONS REGARDING CONSTRUCTION.— other unsightly materials. retary determines at any time that any por- Any structure constructed on Parcel C shall (D) Placement of residential trailers, mo- tion of the land conveyed under subsection be subject to the following requirements: bile homes, manufactured homes, modular (a) is not being used in compliance with the (A) SIZE.—The size of the structure shall be buildings, or other such semi-permanent deed restrictions applicable to that portion compatible with the building site and type of structures. of the land under subsection (b), (c), or (d), use. (E) Placement of towers, antennae, or sat- all right, title, and interest in and to that (B) DESIGN.—Western ranch-style, having ellite dishes that are not concealed from portion of the land, including any improve- rectangular or square sections with no more public view, except to the extent that the ments thereon, shall revert to the United than three ridgelines, excluding dormers. right is expressly granted in subsection (b)(4) States, and the United States shall have the (C) HEIGHT.—The height of any structure or (c)(3). right of immediate entry onto the property. shall not exceed 30 feet from natural ground (F) Placement of signs, billboards, or other Any determination of the Secretary under level. advertising devices, except— this subsection shall be made on the record (D) WINDOWS.—Rectangular or square, di- (i) as provided in subsection (c)(9) with re- after an opportunity for a hearing, and the vided light, and no more than 24 square feet gard to the land identified as Parcel C; and Secretary shall give the landowner a reason- in size. Windows with exterior walls facing (ii) one property identification sign and able opportunity to restore the property to Highways 21 or 75 shall not exceed 30 percent one for sale or rental sign, not to exceed two compliance with the deed restrictions. (j) SURVEY.—The exact acreage and legal of the area of the wall. square feet in area, which shall be harmo- description of the land to be conveyed under (E) STRUCTURAL SIDING.—Log, log-sided, nious in design and color with the sur- subsection (a) shall be determined by a sur- rough-sawn lumber, board and batten, or roundings. suitable wood substitutes, which shall be vey satisfactory to the Secretary. The cost (G) Disposal or unlawful storage of haz- of the survey shall be borne by the Sec- harmoniously colored or have a natural wood ardous substances, as defined in the Com- finish. retary. prehensive Environmental Response, Com- (k) ROAD ACCESS.—In making the convey- (F) ROOF.—Wood, composite, or non-reflec- pensation, and Liability Act of 1980 (42 tive metal in muted earth tones of brown. ance under subsection (a) to the City, the U.S.C. 9601 et seq.). Secretary shall include a deed restriction re- (3) LIMITATIONS REGARDING SATELLITE (e) CONSIDERATION.— quiring that the roads referred to in such DISH.—Each structure may contain not more (1) CONSIDERATION REQUIRED.—As consider- subsection shall remain open to the public to than one satellite dish, not to exceed 24 ation for the conveyance under subsection provide access to adjacent Federal land and inches in diameter, which shall be located as (a), the City shall pay to the Secretary an private property. unobtrusively as best available technology amount equal to the amount originally ex- (l) ADDITIONAL TERM AND CONDITIONS.—The allows. pended by the United States to acquire the Secretary may require such additional terms (4) LIMITATIONS REGARDING EXTERIOR LIGHT- parcel of land identified as Parcel A on the and conditions in connection with the con- ING.—Exterior lighting sources shall be map referred to in such subsection. The City veyance under subsection (a) as the Sec- shielded downwards and may not be flashing. shall provide the consideration not later retary considers appropriate to protect the (5) LIMITATIONS REGARDING LANDSCAPING.— than one year after the date on which the interests of the United States. The landscaping for each structure shall be City disposes of the parcel after obtaining SEC. 104. LAND CONVEYANCE, DESIGNATED BLM compatible with an open setting and incor- title of the parcel under subsection (a). LAND TO CITY OF CLAYTON, IDAHO. porate materials, groundcover, shrubs, and (2) DISPOSITION AND USE OF PROCEEDS.—The (a) CONVEYANCE REQUIRED.—The Secretary trees that are indigenous to the area. Areas amount received as consideration under this of the Interior, acting through the Director exposed due to excavation shall be rehabili- subsection shall be— of the Bureau of Land Management, shall tated to pre-excavation conditions within (A) deposited and merged with funds appro- convey, without consideration, to the City of two years following completion of construc- priated for the operation of the Sawtooth Clayton, Idaho (in this section referred to as tion. National Recreation Area in order to supple- the ‘‘City’’), all right, title, and interest of (6) LIMITATIONS REGARDING ROADS AND ment such appropriations; and the United States in and to a parcel of Bu- DRIVEWAYS.—Any road or driveway for a (B) available to the Secretary, without fur- reau of Land Management land, including structure may not exceed 24 feet in width. ther appropriation and until expended, for roads thereon, identified for conveyance (7) LIMITATIONS REGARDING FENCING.—Any conservation activities in the recreation under this section on the map entitled ‘‘City fence in Parcel C shall be in the log worm, area. of Clayton Conveyance’’ and dated July 24, log block, or jack style and shall incorporate (f) SURVEY AND LEGAL DESCRIPTION.—The 2006. wildlife-friendly elements. exact acreage and legal description of the (b) SURVEY.—The exact acreage and legal (8) LIMITATIONS REGARDING UTILITIES.—All land to be conveyed under subsection (a) description of the land to be conveyed under new utilities serving Parcel C shall be lo- shall be determined by a survey satisfactory subsection (a) shall be determined by a sur- cated underground. to the Secretary. The cost of the survey vey satisfactory to the Secretary. The cost

VerDate Aug 31 2005 02:06 Jul 25, 2006 Jkt 049060 PO 00000 Frm 00052 Fmt 4634 Sfmt 0634 E:\CR\FM\A24JY7.021 H24JYPT1 jcorcoran on PROD1PC62 with HOUSE July 24, 2006 CONGRESSIONAL RECORD — HOUSE H5621 of the survey shall be borne by the Sec- the State of Idaho (in this section referred to subsection (a) and for land acquisition asso- retary. as the ‘‘State’’) all right, title, and interest ciated with the construction of the trail; and (c) ROAD ACCESS.—In making the convey- of the United States in and to a parcel or (B) $100,000 for the grant under subsection ance under subsection (a) to the City, the parcels of Bureau of Land Management land, (c). Secretary shall include a deed restriction re- including roads thereon, consisting of ap- (2) AVAILABILITY.—Amounts appropriated quiring that the roads referred to in such proximately 960 acres near Boise, Idaho, and pursuant to the authorization of appropria- subsection shall remain open to the public to identified for conveyance under this section tions contained in paragraph (1) shall remain provide access to adjacent Federal land and on the map entitled ‘‘STATE OF IDAHO— available until expended. private property. Boise Motorized Park Conveyance’’ and SEC. 110. SUPPORT FOR OTHER TRAIL CON- (d) ADDITIONAL TERM AND CONDITIONS.—The dated October 1, 2006, for the purpose of per- STRUCTION AND MAINTENANCE AC- Secretary may require such additional terms mitting the State to establish a motorized TIVITIES. and conditions in connection with the con- recreation park on the land. As a condition There is authorized to be appropriated to veyance under subsection (a) as the Sec- of the conveyance of the land, the State the Secretary of Agriculture or the Sec- retary considers appropriate to protect the shall agree to include a beginner track as retary of the Interior $50,000 for the con- interests of the United States. part of the recreation park to be used to struction and maintenance of bicycle trails SEC. 105. LAND CONVEYANCE, DESIGNATED BLM teach safe, responsible riding techniques and in the State of Idaho. Amounts appropriated LAND TO CITY OF MACKAY, IDAHO. to establish areas for drivers with different pursuant to this authorization of appropria- (a) CONVEYANCE REQUIRED.—The Secretary levels of skills. tions shall remain available until expended. of the Interior, acting through the Director (b) RESERVATION OF PORTION FOR BICYCLE SEC. 111. SUPPORT FOR OUTFITTER AND GUIDE of the Bureau of Land Management, shall USE.—As a condition of the conveyance of ACTIVITIES. convey, without consideration, to the City of the land under subsection (a), the State shall (a) EXISTING OPERATING PERMITS.— Mackay, Idaho (in this section referred to as reserve 20 acres of the conveyed land for the (1) EXTENSION.—Before the end of the one- the ‘‘City’’), all right, title, and interest of use of mountain bikes and open the reserved year period beginning on the date of the en- the United States in and to a parcel of Bu- portion to such use as soon as practicable actment of this Act, the Secretary of Agri- reau of Land Management land, including after the date of the conveyance. Funds ap- culture and the Secretary of the Interior roads thereon, identified for conveyance propriated pursuant to the authorization of shall grant, for each guide or outfitter oper- under this section on the map entitled ‘‘City appropriations in section 109(d)(1)(A) shall be ating permit described in paragraph (2), a 10- of Mackay Conveyance’’ and dated July 24, available to facilitate the establishment of year extension beyond the expiration date of 2006. the bicycle portion of the recreation park. the current permit. The Secretary concerned (b) SURVEY.—The exact acreage and legal (c) SURVEY.—The exact acreage and legal may require the modification of the ex- description of the land to be conveyed under description of the land to be conveyed under tended permit as necessary to comply with subsection (a) shall be determined by a sur- this section shall be determined by a survey the requirements of this Act. vey satisfactory to the Secretary. The cost satisfactory to the Secretary. The cost of the (2) COVERED PERMITS.—Paragraph (1) ap- of the survey shall be borne by the Sec- survey shall be borne by the State. plies to each guide and outfitter operating retary. (d) ROAD ACCESS.—In making a conveyance permit in effect as of the date of the enact- (c) ROAD ACCESS.—In making the convey- under subsection (a) to the State, the Sec- ment of this Act that authorized activities ance under subsection (a) to the City, the retary shall include a deed restriction re- on lands included in a wilderness area des- Secretary shall include a deed restriction re- quiring that the roads referred to in such ignated by title II or the Boulder-White quiring that the roads referred to in such subsection shall remain open to the public to Cloud Management Area established by title subsection shall remain open to the public to provide access to adjacent Federal land and III. provide access to adjacent Federal land and private property. (3) EXCEPTION.—The Secretary of Agri- private property. (e) ADDITIONAL TERM AND CONDITIONS.—The culture or the Secretary of the Interior may (d) ADDITIONAL TERM AND CONDITIONS.—The Secretary concerned may require such addi- refuse to grant the extension of a permit Secretary may require such additional terms tional terms and conditions in connection under paragraph (1) only if the Secretary and conditions in connection with the con- with the conveyance under this section as concerned determines that the permittee has veyance under subsection (a) as the Sec- the Secretary considers appropriate to pro- not operated in a satisfactory manner in retary considers appropriate to protect the tect the interests of the United States. compliance with the terms and conditions of interests of the United States. SEC. 108. TREATMENT OF EXISTING ROADS AND the permit. SEC. 106. LAND CONVEYANCE, DESIGNATED BLM TRAILS. (b) FUTURE OUTFITTER AND GUIDE ACTIVI- LAND TO CITY OF CHALLIS, IDAHO. In making the conveyances required by TIES.—Future extensions of outfitter and (a) CONVEYANCE REQUIRED.—The Secretary this title, the Secretary of Agriculture and guide activities and permits for outfitters on of the Interior, acting through the Director the Secretary of the Interior shall include lands included in a wilderness area des- of the Bureau of Land Management, shall deed restrictions to ensure that any roads ignated by title II or the Boulder-White convey, without consideration, to the City of and trails located on the conveyed land re- Cloud Management Area established by title Challis, Idaho (in this section referred to as main open to public use notwithstanding any III shall be administered in accordance with the ‘‘City’’), all right, title, and interest of subsequent conveyance of the land by the re- applicable Federal laws and resource man- the United States in and to a parcel of Bu- cipient of the land. agement plans. No person shall conduct out- fitter and guide activities on such Federal reau of Land Management land, including SEC. 109. STANLEY-REDFISH LAKE BIKE AND land except as authorized by the Secretary roads thereon, identified for conveyance SNOWMOBILE TRAIL AND RELATED concerned. under this section on the map entitled ‘‘City PARKING LOT. of Challis Conveyance’’ and dated July 24, (a) DEVELOPMENT OF TRAIL.—The Secretary SEC. 112. GRANTS TO SUPPORT SUSTAINABLE of Agriculture shall design, construct, and ECONOMIC DEVELOPMENT AND 2006. RECREATION. (b) SURVEY.—The exact acreage and legal maintain a hardened surface trail between (a) GRANT TO CUSTER COUNTY, IDAHO.—The the City of Stanley, Idaho, and Redfish Lake description of the land to be conveyed under Secretary of Agriculture may make a grant that is designated for use— subsection (a) shall be determined by a sur- to Custer County, Idaho, for the purpose of (1) by pedestrians and non-motorized vehi- vey satisfactory to the Secretary. The cost assisting the County in supporting sustain- of the survey shall be borne by the Sec- cles generally; and able economic development in the County. retary. (2) as a snowmobile route when there is (b) GRANT TO STATE OF IDAHO.—The Sec- (c) ROAD ACCESS.—In making the convey- adequate snow cover. retary of Agriculture may make a grant to ance under subsection (a) to the City, the (b) ACQUISITION FROM WILLING SELLERS.— the State of Idaho Parks and Recreation De- Secretary shall include a deed restriction re- Any land or interests in land to be acquired partment for the purpose of assisting the quiring that the roads referred to in such by the Secretary for construction of the State in acquiring and developing Bayhorse subsection shall remain open to the public to paved trail required by subsection (a) shall Campground for use as a State park. provide access to adjacent Federal land and be acquired only by donation or by purchase (c) AUTHORIZATION OF APPROPRIATIONS.— private property. from willing sellers. There is authorized to be appropriated to the (d) ADDITIONAL TERM AND CONDITIONS.—The (c) ASSISTANCE FOR CONSTRUCTION OF PARK- Secretary of Agriculture— Secretary may require such additional terms ING LOT.—The Secretary may make a grant (1) $5,100,000 to make the grant under sub- and conditions in connection with the con- to the City of Stanley, Idaho, to assist the section (a); and veyance under subsection (a) as the Sec- City in constructing a parking lot on City (2) $500,000 to make the grant under sub- retary considers appropriate to protect the property at the north end of the trail re- section (b). interests of the United States. quired by subsection (a) for use for snow- SEC. 113. CONTINUATION OF PUBLIC ACCESS TO SEC. 107. LAND CONVEYANCE AUTHORITY, SUP- mobile and general parking and for other BOWERY NATIONAL FOREST GUARD PORT FOR MOTORIZED AND BICY- purposes related to the trail. STATION. CLE RECREATION, PUBLIC LAND IN (d) AUTHORIZATION OF APPROPRIATIONS.— (a) CONSTRUCTION OF ROAD AND BRIDGE.—To CENTRAL IDAHO. (1) IN GENERAL.—There is authorized to be ensure continued public access to the Bow- (a) MOTORIZED RECREATION PARK.—Subject appropriated to the Secretary— ery Guard Station, the Secretary of Agri- to subsection (b), the Secretary of the Inte- (A) $400,000 for the design, construction, culture shall construct a new road on Na- rior shall convey, without consideration, to and maintenance of the trail required by tional Forest System lands, to the east of

VerDate Aug 31 2005 02:06 Jul 25, 2006 Jkt 049060 PO 00000 Frm 00053 Fmt 4634 Sfmt 0634 E:\CR\FM\A24JY7.021 H24JYPT1 jcorcoran on PROD1PC62 with HOUSE H5622 CONGRESSIONAL RECORD — HOUSE July 24, 2006 the existing private property line on the east (1) and (2) of subsection (a) and the National separate motorized users from nonmotorized side of the Leisinger property, and a new Forest System land designated as wilderness users. bridge over West Pass Creek as part of such by paragraph (3) of such subsection, and the (2) INCLUSION OF ACCESSIBLE TRAIL.—The road. Secretary of the Interior, in the case of the Secretary concerned shall upgrade the first (b) AUTHORIZATION OF APPROPRIATIONS.— Bureau of Land Management land designated mile of the Murdock Creek Trail in the Hem- There is authorized to be appropriated to the as wilderness by paragraph (3) of such sub- ingway-Boulders wilderness area designated Secretary such sums as may be necessary to section, in this title referred to as the ‘‘Sec- by section 201 to a primitive, non-paved, and carry out this section. Amounts appro- retary concerned’’, shall file a map and legal wheelchair accessible standard. priated pursuant to this authorization of ap- description of the wilderness areas des- (f) TREATMENT OF EXISTING CLAIMS AND propriations shall remain available until ex- ignated by such subsection with the Com- PRIVATE LANDS.—Nothing in this title is in- pended. mittee on Resources of the House of Rep- tended to affect the rights or interests in SEC. 114. EXPANSION AND IMPROVEMENT OF resentatives and the Committee on Energy real property, patented mining claims, or HERD LAKE CAMPGROUND. and Natural Resources of the Senate. valid claims or prevent reasonable access to (a) EXPANSION AND IMPROVEMENT OF CAMP- (2) EFFECT.—Each map and legal descrip- private property or for the development and GROUND.—The Secretary of the Interior shall tion shall have the same force and effect as use of valid mineral rights. The Secretary expand and improve the Herd Lake Camp- if included in this title, except that the Sec- concerned may enter into negotiations with ground facilities located below the outlet of retary concerned may correct clerical and the holder of a patented claim or valid claim Herd Lake. typographical errors in the map or legal de- located in a wilderness area designated by section 201 for the voluntary relinquishment (b) AUTHORIZATION OF APPROPRIATIONS.— scription. of the claim. There is authorized to be appropriated to the (3) AVAILABILITY.—Each map and legal de- (g) GRAZING.—Grazing of livestock in a wil- Secretary $500,000 to carry out this section. scription shall be on file and available for derness area designated by section 201, where Amounts appropriated pursuant to this au- public inspection in the appropriate offices established before the date of the enactment of the Bureau of Land Management or the thorization of appropriations shall remain of this Act, shall be administered in accord- available until expended. Forest Service. ance with the provisions of section 4(d)(4) of (c) WITHDRAWAL.—Subject to valid existing SEC. 115. LAND EXCHANGE TO ELIMINATE STATE the Wilderness Act (16 U.S.C. 1133(d)(4)), sec- rights, the wilderness areas designated in OF IDAHO INHOLDINGS IN SAW- tion 108 of Public Law 96–560, and section subsection (a) are withdrawn from all forms TOOTH NATIONAL RECREATION 101(f) of Public Law 101–628, and in accord- AREA AND NEW WILDERNESS AREAS. of entry, appropriation, and disposal under ance with the guidelines set forth in Appen- (a) EXCHANGES AUTHORIZED.—The Sec- the public land laws, location, entry, and dix A of House Report 96–617 of the 96th Con- retary of Agriculture and the Secretary of patent under the mining laws, and operation gress and House Report 101–405 of the 101st the Interior may execute one or more land of the mineral leasing, mineral materials, Congress. and geothermal leasing laws. exchanges with the State of Idaho for the (h) COMMERCIAL OUTFITTERS AND SADDLE purpose of eliminating State inholdings SEC. 202. GENERAL ADMINISTRATION OF WIL- AND PACK STOCK.—Nothing in this title shall within the boundaries of the Sawtooth Na- DERNESS AREAS. preclude horseback riding or the entry of (a) APPLICATION OF WILDERNESS ACT.—Sub- tional Recreation Area and the wilderness recreational saddle or pack stock into the ject to valid existing rights, the wilderness areas designated by title II. The Federal land wilderness areas designated by section 201, areas designated by section 201 shall be man- available for use to carry out an exchange including when such entry is made by com- aged by the Secretary concerned in accord- under this section and the State inholdings mercial outfitters. to be acquired are depicted on the map enti- ance with the Wilderness Act (16 U.S.C. 1131 et seq.) and this title. With respect to the SEC. 203. ACQUISITION OF MINERAL INTERESTS tled ‘‘SNRA State of Idaho Land Transfer’’ AND LANDS FROM WILLING SELL- and dated October 1, 2006. wilderness areas, any reference in the Wil- ERS. (b) EXCHANGE PROCESS.—The land ex- derness Act to the effective date of the Wil- (a) ACQUISITION.—Within the boundaries of changes authorized by this section shall be derness Act shall be deemed to be a reference the wilderness areas designated by section carried out in the manner provided in sec- to the date of the enactment of this Act, and 201, the Secretary concerned may acquire, tion 206 of the Federal Land Policy and Man- any reference in the Wilderness Act to the through purchase from willing sellers or do- agement Act of 1976 (43 U.S.C. 1716). Secretary of Agriculture shall be deemed to nation from willing owners, all right, title, be a reference to the Secretary concerned. TITLE II—CENTRAL IDAHO WILDERNESS and interest in all mineral interests, claims, (b) CONSISTENT INTERPRETATION TO THE AREAS and parcels of land that have been patented PUBLIC.—Although the wilderness areas des- under the Act of May 10, 1872 (30 U.S.C. 22 et SEC. 201. ADDITIONS TO NATIONAL WILDERNESS ignated by section 201 consist of National PRESERVATION SYSTEM. seq.; commonly known as the Mining Act of Forest System land under the jurisdiction of 1872). (a) ADDITIONS.—Congress has determined the Secretary of Agriculture and public land (b) CONSIDERATION.—In exercising the au- that the following lands in central Idaho under the jurisdiction of the Secretary of the thority provided by subsection (a) to acquire shall be designated as wilderness and man- Interior, the Secretary of Agriculture and lands and interests, the Secretary concerned aged as components of the National Wilder- the Secretary of the Interior shall collabo- shall offer the owners of record of each pat- ness Preservation System: rate to assure that the wilderness areas are ent, who voluntarily wish to sell, $20,000 as (1) HEMINGWAY-BOULDERS WILDERNESS.— interpreted to the public as an overall com- compensation for the acquisition of these in- Certain Federal land in the Sawtooth and plex tied together by common location in the terests. The Secretary concerned shall make Challis National Forests, comprising ap- Boulder-White Cloud Mountains and com- such offers as soon as practicable after the proximately 105,000 acres, as generally de- mon identity with the natural and cultural date of the enactment of this Act and such picted on the map entitled ‘‘Hemingway- history of the State of Idaho and its Native offers shall remain open for acceptance dur- Boulders’’ and dated July 24, 2006, which American and pioneer heritage. ing the five-year period beginning on such shall be known as the ‘‘Hemingway-Boulders (c) COMPREHENSIVE WILDERNESS MANAGE- date. Wilderness’’. MENT PLAN.—Not later than three years after (c) INCORPORATION IN WILDERNESS AREA.— (2) WHITE CLOUDS WILDERNESS.—Certain the date of the enactment of this Act, the Any land or interest in land located inside Federal land in the Sawtooth and Challis Na- Secretary of Agriculture and Secretary of the boundaries of a wilderness area des- tional Forests, comprising approximately the Interior shall collaborate to develop a ignated by section 201 that is acquired by the 73,100 acres, as generally depicted on the map comprehensive wilderness management plan United States after the date of the enact- entitled ‘‘White Clouds’’ and dated July 24, for the wilderness areas designated by sec- ment of this Act shall be added to and ad- 2006, which shall be known as the ‘‘White tion 201. The completed management plan ministered as part of that wilderness area. Clouds Wilderness’’. shall be submitted to the Committee on Re- SEC. 204. ADJACENT MANAGEMENT. (3) JERRY PEAK WILDERNESS.—Certain Fed- sources of the House of Representatives and (a) NO PROTECTIVE PERIMETERS OR BUFFER eral land in the Challis National Forest and the Committee on Energy and Natural Re- ZONES.—Congress does not intend for the Challis District of the Bureau of Land Man- sources of the Senate. designation of the wilderness areas by sec- agement, comprising approximately 131,700 (d) FIRE, INSECTS, AND DISEASES.—Within tion 201 to lead to the creation of protective acres, as generally depicted on the map enti- the wilderness area designated by section perimeters or buffer zones around any such tled ‘‘Jerry Peak Wilderness’’ and dated July 201, the Secretary concerned may take such wilderness area. 24, 2006, which shall be known as the ‘‘Jerry measures as the Secretary concerned deter- (b) NONWILDERNESS ACTIVITIES.—The fact Peak Wilderness’’. In the case of the Bureau mines to be necessary for the control of fire, that nonwilderness activities or uses outside of Land Management land designated as wil- insects, and diseases, subject to such condi- of a wilderness area designated by section 201 derness by this paragraph, the land is in- tions as the Secretary concerned considers can be seen or heard from inside of the wil- cluded in the National Landscape Conserva- desirable, as provided in section 4(d)(1) of the derness area shall not preclude the conduct tion System. Wilderness Act (16 U.S.C. 1131(d)(1)). of those activities or uses outside the bound- (b) MAPS AND LEGAL DESCRIPTION.— (e) WILDERNESS TRAILS AND TRAILHEADS.— aries of the wilderness area. (1) IN GENERAL.—As soon as practicable (1) CONSTRUCTION OF NEW TRAILHEAD.—The SEC. 205. WILDFIRE MANAGEMENT. after the date of enactment of this Act, the Secretary concerned shall construct a new Consistent with section 4 of the Wilderness Secretary of Agriculture, in the case of the trailhead for nonmotorized users and im- Act (16 U.S.C. 1133), nothing in this title pre- wilderness areas designated by paragraphs prove access to the Big Boulder Trailhead to cludes a Federal, State, or local agency from

VerDate Aug 31 2005 02:06 Jul 25, 2006 Jkt 049060 PO 00000 Frm 00054 Fmt 4634 Sfmt 0634 E:\CR\FM\A24JY7.022 H24JYPT1 jcorcoran on PROD1PC62 with HOUSE July 24, 2006 CONGRESSIONAL RECORD — HOUSE H5623 conducting wildfire management operations, U.S.C. 1133(d)(7)), nothing in this title affects lowing areas have been adequately studied including operations using aircraft or or diminishes the jurisdiction of the State of for wilderness designation: mechanized equipment, to manage wildfires Idaho with respect to fish and wildlife man- (A) The Jerry Peak Wilderness Study Area. in the wilderness areas designated by section agement, including the regulation of hunt- (B) The Jerry Peak West Wilderness Study 201. ing, fishing, and trapping, in the wilderness Area. SEC. 206. WATER RIGHTS. areas designated by section 201. (C) The Corral-Horse Basin Wilderness (a) FINDINGS.—Congress finds the fol- (b) MANAGEMENT ACTIVITIES.—In further- Study Area. lowing: ance of the purposes and principles of the (D) The Boulder Creek Wilderness Study (1) The lands designated as wilderness Wilderness Act, management activities to Area. areas by section 201 are located at the head- maintain or restore fish and wildlife popu- (2) RELEASE.—Any public land described in waters of the streams and rivers on those lations and the habitats to support such pop- paragraph (1) that is not designated as wil- lands, with few, if any, actual or proposed ulations may be carried out within wilder- derness by this title— water resource facilities located upstream ness areas designated by section 201 where (A) is no longer subject to section 603(c) of from such lands and few, if any, opportuni- consistent with relevant wilderness manage- the Federal Land Policy and Management ties for diversion, storage, or other uses of ment plans, in accordance with appropriate Act of 1976 (43 U.S.C. 1782(c)); and water occurring outside such lands that policies such as those set forth in Appendix (B) shall be managed in accordance with would adversely affect the wilderness values B of House Report 101–405 of the 101st Con- land management plans adopted under sec- of such lands. gress, including the occasional and tem- tion 202 of that Act (43 U.S.C. 1712). (2) The lands designated as wilderness porary use of motorized vehicles, if such use, TITLE III—BOULDER-WHITE CLOUDS areas by section 201 are not suitable for use as determined by the Secretary concerned MANAGEMENT AREA would promote healthy, viable, and more for development of new water resource facili- SEC. 301. ESTABLISHMENT OF MANAGEMENT ties or for the expansion of existing facili- naturally distributed wildlife populations AREA. that would enhance wilderness values and ties. (a) FINDINGS AND PURPOSES.—In the case of (3) Therefore, it is possible to provide for accomplish those purposes using the min- those Federal lands not designated as wilder- proper management and protection of the imum tool necessary to reasonably accom- ness in title II, Congress has examined the wilderness value of the lands designated as plish the task. management alternatives for such lands and wilderness areas by section 201 in ways dif- (c) USE OF AIRCRAFT.—Consistent with sec- finds that the designation of such lands as a ferent from the ways utilized in other laws tion 4(d)(1) of the Wilderness Act (16 U.S.C. special management area will provide out- designating wilderness areas. 1133(d)) and in accordance with appropriate standing opportunities for many forms of (b) PURPOSE.—The purpose of this section policies such as those set forth in Appendix recreation, including mountain biking, is to protect the wilderness values of the B of House Report 101–405 of the 101st Con- snowmobiling, and the use of off-road motor- lands designated as wilderness areas by sec- gress, the State of Idaho may continue to ized vehicles. The purpose of this title is to tion 201 by means other than a federally re- use aircraft, including helicopters, to survey, statutorily provide for the continued man- served water right. capture, transplant, monitor, and manage agement of such lands for motorized and (c) STATUTORY CONSTRUCTION.—Nothing in elk, deer, bighorn sheep, mountain goats, other recreational opportunities, livestock this title— wolves, grizzly bears, and other wildlife and grazing, and conservation and resource pro- (1) shall constitute, or be construed to con- fish. tection in accordance with the existing man- (d) HUNTING, FISHING, AND TRAPPING.— stitute, either an express or implied reserva- agement areas, plans, and applicable au- Nothing in this title shall affect hunting, tion by the United States of any water or thorities of the Challis National Forest, the fishing, and trapping, under applicable State water rights with respect to the wilderness Sawtooth National Forest, the Sawtooth Na- and Federal laws and regulations, in the wil- areas designated by section 201; tional Recreation Area, and the Challis Dis- derness areas designated by section 201. The (2) shall affect any water rights in the trict of the Bureau of Land Management. In Secretary concerned may designate, by regu- State of Idaho existing on the date of the en- addition, it is the purpose of this title to pro- lation in consultation with the appropriate actment of this Act, including any water vide that motorized use of such lands shall State agency (except in emergencies), areas rights held by the United States; be allowed in accordance with the travel map in which, and establish periods during which, (3) shall be construed as establishing a entitled ‘‘Boulder-White Clouds Management for reasons of public safety, administration, precedent with regard to any future wilder- Area Travel Plan’’ and dated July 24, 2006. or compliance with applicable laws, no hunt- ness designations; (b) ESTABLISHMENT.— ing, fishing, or trapping will be permitted in (4) shall be construed as limiting, altering, (1) ESTABLISHMENT.—Those Federal lands modifying, or amending any of the interstate the wilderness areas. in the Challis National Forest, the Sawtooth compacts or equitable apportionment de- SEC. 208. NATIVE AMERICAN CULTURAL AND RE- National Forest, the Sawtooth National crees that apportion water among and be- LIGIOUS USES. Recreation Area, and the Challis District of tween the State of Idaho and other States; Nothing in this title shall be construed to the Bureau of Land Management that are and diminish the rights of any Indian tribe. not designated as wilderness in title II, as (5) shall be construed as limiting, altering, Nothing in this title shall be construed to di- generally depicted on the map entitled modifying, or amending provisions of Public minish tribal rights regarding access to Fed- ‘‘Boulder-White Clouds Management Area’’ Law 92–400, which established the Sawtooth eral lands for tribal activities, including and dated July 24, 2006, are hereby des- National Recreation Area (16 U.S.C. 460aa et spiritual, cultural, and traditional food-gath- ignated as the Boulder-White Clouds Man- seq.). ering activities. agement Area and shall be managed as pro- (d) IDAHO WATER LAW.—The Secretary con- SEC. 209. MILITARY OVERFLIGHTS. vided by this title. cerned shall follow the procedural and sub- Nothing in this title restricts or pre- (2) RELATION TO SAWTOOTH NATIONAL RECRE- stantive requirements of the law of the State cludes— ATION AREA.—The designation of land already of Idaho when seeking to establish any water (1) low-level overflights of military air- in the Sawtooth National Recreation Area rights, not in existence on the date of the en- craft over the wilderness areas designated by for inclusion in both the management area actment of this Act, with respect to the wil- section 201, including military overflights and the Sawtooth National Recreation Area derness areas designated by section 201. that can be seen or heard within the wilder- is declared to be supplemental to, not in (e) NEW PROJECTS.— ness areas; derogation of, the Sawtooth National Recre- (1) PROHIBITION.—Except as otherwise pro- (2) flight testing and evaluation; or ation Area. vided in this Act, on and after the date of the (3) the designation or creation of new units (3) MANAGEMENT AREA DEFINED.—In this enactment of this Act, neither the President of special use airspace, or the establishment title, the term ‘‘management area’’ means nor any other officer, employee, or agent of of military flight training routes, over the the Boulder-White Clouds Management Area the United States shall fund, assist, author- wilderness areas. designated by this subsection. ize, or issue a license or permit for the devel- SEC. 210. WILDERNESS REVIEW. (c) ADMINISTRATION.— opment of any new water resource facility (a) NATIONAL FORESTS.—Section 5 of Public (1) SECRETARY CONCERNED DEFINED.—In this inside any of the wilderness areas designated Law 92–400 (16 U.S.C. 460aa–4), which required title, the term ‘‘Secretary concerned’’ by section 201. a review of the undeveloped and unimproved means— (2) DEFINITION.—In this subsection, the portion or portions of the Sawtooth National (A) the Secretary of Agriculture, in the term ‘‘water resource facility’’ means irriga- Recreation Area established by that Act as case of National Forest System lands in- tion and pumping facilities, reservoirs, water to suitability or nonsuitability for preserva- cluded in the management area; and conservation works, aqueducts, canals, tion as part of the National Wilderness Pres- (B) the Secretary of the Interior, in the ditches, pipelines, wells, hydropower ervation System, is repealed. case of public lands included in the manage- projects, and transmission and other ancil- (b) PUBLIC LANDS.— ment area. lary facilities, and other water diversion, (1) FINDING.—Congress finds that, for the (2) ADMINISTRATION.—Except as otherwise storage, and carriage structures. purpose of section 603 of the Federal Land provided in this title, the Secretary con- SEC. 207. WILDLIFE MANAGEMENT. Policy and Management Act of 1976 (43 cerned shall administer the management (a) STATE JURISDICTION.—In accordance U.S.C. 1782), the public land administered by area in accordance with this title and the with section 4(d)(7) of the Wilderness Act (16 the Bureau of Land Management in the fol- laws and regulations generally applicable to

VerDate Aug 31 2005 02:06 Jul 25, 2006 Jkt 049060 PO 00000 Frm 00055 Fmt 4634 Sfmt 0634 E:\CR\FM\A24JY7.022 H24JYPT1 jcorcoran on PROD1PC62 with HOUSE H5624 CONGRESSIONAL RECORD — HOUSE July 24, 2006 the National Forest System lands and the (2) located adjacent to the management section (a), other trails and routes may be public lands included in administrative areas area to provide easements for additional used for motorized and bicycle travel when- in existence as of the date of the enactment public access to the management area. ever the Secretary concerned considers such of this Act and in accordance with the man- (b) ACQUISITION OF UNPATENTED MINING use to be necessary for administrative pur- agement plans of the Sawtooth National CLAIMS.— poses or to respond to an emergency. Recreation Area, the Challis National For- (1) ACCEPTANCE OF CONTRIBUTIONS.—The (c) ROUTE AND TRAIL CLOSURES.—The fol- est, the Sawtooth National Forest, and the Secretary concerned shall accept any chari- lowing roads or trails shall be closed to mo- Challis District of the Bureau of Land Man- table contribution (as defined in section torized and mechanized trail use, except agement in existence as of that date. 170(c) of the Internal Revenue Code of 1986) of when there is adequate snowcover to permit (3) RELATION TO SAWTOOTH NATIONAL RECRE- an interest— snowmobile use: ATION AREA.— If lands in the management (A) in an unpatented mining claim located (1) Forest Service Trail 109 between the area are also included in the Sawtooth Na- inside the boundaries of the management Phyllis Lake turnoff to 4th of July Lake and tional Recreation Area, the Secretary of Ag- area; or the south side of Washington Lake. riculture shall also administer that land in (B) in any partnership, association, com- (2) Forest Service Trail 671 up Warm accordance with Public Law 92–400 (16 U.S.C. pany, or corporation substantially all the Springs Creek from Trail 104 to the wilder- 460aa et seq.). value of which is attributable to unpatented ness boundary. (4) CONTINUED REFERENCE TO EXISTING AD- mining claims located inside the boundaries (d) GROUNDS FOR TRAIL SEGMENT CLO- MINISTRATIVE UNITS.—Notwithstanding the of the management area. SURES.—Resource damage that can be miti- establishment of the management area, the (2) ACCESS FOR VALUATION PURPOSES.—The gated and issues of user conflict shall not be administrative units in effect as of the date Secretary concerned shall permit any donor used as grounds for the closure of a trail or of the enactment of this Act and known as of an interest described in paragraph (1), or route in the management area, although the the Sawtooth National Recreation Area, the any agent of the donor, to access the Secretary concerned may close any trail or Challis National Forest, the Sawtooth Na- unpatented mining claim and conduct sam- route, or prohibit the use of trail or route for tional Forest, and the Challis District of the pling and exploration work necessary to de- motorized and mechanize travel, if the Sec- Bureau of Land Management, including termine the fair market value of the claim retary determines that such closure or prohi- areas within the administrative units estab- if— bition is the only reasonable means available lished as the management area, shall con- (A) the donor notifies the local Federal for resource protection or public safety. tinue to be known as the Sawtooth National land manager in writing of the donor’s in- (e) MITIGATION OF TRAIL CLOSURES.—If the Recreation Area, the Challis National For- tent to access the unpatented mining claim Secretary determines under subsection (d) est, the Sawtooth National Forest, and the for such purposes; and that closing an available trail or route in the Challis District of the Bureau of Land Man- (B) the Secretary determines that the pro- management area is necessary for resource agement, respectively, and shall be so des- posed access, sampling, and exploration work protection or public safety, the Secretary ignated on any signs and maps prepared by will not cause substantial impairment of the shall take any of the following mitigation the Secretary concerned. surface resources. actions, intended to provide commensurate (d) DEVELOPMENT.—No new roads may be (3) VALUATION METHOD IF ACCESS DENIED.— motorized recreation opportunities in the constructed within the management area, If the Secretary concerned determines that a same general area of the management area: except as necessary for access to camp- request for access under paragraph (2) to (1) Repair resource damage and secure con- grounds and other recreation areas as deter- conduct sampling and exploration work nec- ditions so that closed trails may be reopened mined by the Secretary concerned. Roads essary to determine the fair market value of to motorized use. may be maintained and relocated as nec- an unpatented mining claim will cause sub- (2) Replace, relocate, or reroute the trail or essary. The Secretary concerned shall permit stantial impairment of the surface resources the trail segment to provide a similar link the mining and removal of gravel, sand, and or otherwise fails to permit access within 30 between travel points. rock along existing roads in the management days after receipt of the written request for (3) A combination of the actions specified area as necessary for road maintenance in access under such paragraph, the fair market in paragraphs (1) and (2) and other actions to accordance with the applicable management value of the claim for purposes of deter- achieve the overall mitigation objective. plan. mining the amount of the contribution under (f) RELATION TO OTHER LAWS.—In consid- (e) TIMBER HARVESTING.—Timber har- paragraph (1) shall be based on an appraisal ering mitigation actions under subsection vesting may be allowed on lands in the man- that relies upon noninvasive methods to de- (e), the Secretary concerned shall ensure agement area only in accordance with the termine the value. that such action is consistent with the over- management plan applicable to the lands (c) LIMITATION ON USE OF CONDEMNATION.— all objectives of the management area. If the and for necessary control of fire, insects, and No lands or interests in lands may be ac- lands are also included in the Sawtooth Na- diseases and for public safety. quired by condemnation for inclusion in the tional Recreation Area, the Secretary con- management area or to provide access to the (f) TRAILS.— cerned shall also administer the action in ac- management area, except as provided for by (1) CONSTRUCTION, MAINTENANCE, AND IM- cordance with Public Law 92–400 (16 U.S.C. Public Law 92–400 (16 U.S.C. 460aa et seq.) PROVEMENTS.—There is authorized to be ap- 460aa et seq.), the map referred to in sub- and regulations, in effect as of the date of propriated to the Secretary of Agriculture section (a)(2), and executive orders and other the enactment of this Act, for the use of pri- relevant laws and regulations existing on or and the Secretary of the Interior $650,000 for vate land in the Sawtooth National Recre- before the date of the enactment of this Act. trail construction and maintenance and for ation Area (sections 36 292.14–292.16 of title other improvements related to outfitting, 36, Code of Federal Regulations). (g) BLM TRAVEL PLAN.—Not later than guiding, hiking, and horseback use within (d) AUTHORIZATION OF APPROPRIATIONS.— three years after the date of the enactment the management area. Amounts appro- There is authorized to be appropriated not of this Act, the Secretary of the Interior priated pursuant to this authorization of ap- more than $5,000,000 to carry out this sec- shall develop and implement a travel plan propriations shall remain available until ex- tion. Amounts appropriated pursuant to this for public land included in the management pended. authorization of appropriations shall remain area, but not otherwise covered by this sec- (2) SET-ASIDE FOR TRAIL CONSTRUCTION.—Of available until expended. tion. The travel plan shall be developed in the amounts appropriated pursuant to the SEC. 303. MOTORIZED AND BICYCLE TRAVEL. accordance with the laws and regulations authorization of appropriations in paragraph (a) MOTORIZED AND BICYCLE TRAVEL AU- generally applicable to the public land in- (1), $150,000 shall be available for the con- THORIZED.— cluded in the management area and in ac- struction of— (1) BLM LAND.—In the case of public land cordance with the existing management plan (A) a trail between the Phyllis Lake Road included in the management area, notwith- for the Challis District of the Bureau of Land (USFS Road #053) and Phyllis Lake, which standing the status of any other road or Management. Motorized and bicycle travel shall be primitive and non-paved, but wheel- trail, motorized and bicycle travel shall con- authorized in the travel plan shall be man- chair accessible, and open only to non-mo- tinue to be allowed on the Spar Canyon, aged in accordance with the plan and laws torized travel; and Herd Lake, and Road Creek routes. and regulations generally applicable to the (B) the primitive and non-paved, but (2) FOREST SERVICE LAND.—In the case of public land, and not as otherwise provided wheelchair accessible, trail along Murdock National Forest System land included in the for in this section. The Secretary of the Inte- Creek in the Hemingway-Boulders wilderness management area, motorized and bicycle rior shall include a map as part of the travel area required by section 202(e)(2). travel shall continue to be allowed in accord- plan. SEC. 302. LAND ACQUISITION AND ACQUISITION ance with Forest Service travel plans and SEC. 304. SUPPORT AND USE OF IDAHO OFF ROAD OF UNPATENTED MINING CLAIMS IN maps in existence as of July 24, 2006, which MOTOR VEHICLE PROGRAM. MANAGEMENT AREA. managed recreation use for the specific (a) GRANT TO PROGRAM.—There is author- (a) LAND ACQUISITION.—The Secretary con- areas, roads, and trails on that land, as ref- ized to be appropriated to the Secretary of cerned may acquire, by donation or purchase erenced on the travel map entitled ‘‘Boulder- Agriculture not more than $1,000,000, which from willing sellers, lands and interests in White Clouds Management Area Travel shall be used by the Secretary to make a lands— Plan’’ and dated July 24, 2006. grant to the State of Idaho in the full (1) located inside the boundaries of the (b) ESTABLISHMENT OR USE OF OTHER amount so appropriated for deposit with the management area; or TRAILS AND ROUTES.—Notwithstanding sub- Off Road Motor Vehicle Program of the

VerDate Aug 31 2005 02:06 Jul 25, 2006 Jkt 049060 PO 00000 Frm 00056 Fmt 4634 Sfmt 0634 E:\CR\FM\A24JY7.022 H24JYPT1 jcorcoran on PROD1PC62 with HOUSE July 24, 2006 CONGRESSIONAL RECORD — HOUSE H5625 Idaho Department of State Parks and Recre- There was no objection. Madam Speaker, I reserve the bal- ation, which is used to support the acquisi- Mr. WALDEN of Oregon. Madam ance of my time. tion, purchase, improvement, repair, mainte- Speaker, I yield my sufficient such Mr. WALDEN of Oregon. Madam nance, furnishing, and equipping of off-road time as I may consume. Speaker, I yield such time as he may motor vehicle facilities and sites, to groom I am really pleased that we are bring- snowmobile trails, and for enforcement ac- consume to the gentleman from Idaho, tivities and the rehabilitation of land dam- ing forward Congressman MIKE SIMP- who has worked so diligently for so aged by off-road vehicle users. As a condition SON’s bill, H.R. 3603, the Central Idaho long to build this bill from the ground of the grant, the State must maintain the Economic Development and Recreation up, from the State of Idaho up, my col- grant funds as a separate account of the Off Act, otherwise known as CIEDRA. Con- league and friend, Mr. SIMPSON. Road Motor Vehicle Program and may not gressman SIMPSON should be com- Mr. SIMPSON. Madam Speaker, in use the funds except as provided by this sec- mended for the hard work that he has regard to the opening statement, I no- tion. put into developing this legislation tice that this bill really is not being (b) USE OF GRANT FUNDS.—When the Sec- rushed to the floor. It has been in de- retary concerned determines that additional over the last 6 years. He has worked funds are required to carry out the activities tirelessly to get this legislation to this velopment for 6 years. I wouldn’t call described in subsection (a) in the manage- position. that rushing anything to the floor. In ment area, the Secretary may apply for This bill is the first comprehensive fact, it has been in the form of a bill funds from the Off Road Motor Vehicle Pro- wilderness bill to come out of the State for over 3 years, so people have had a gram. Funds received under this subsection of Idaho in more than 25 years, a quar- chance to look at it and know what we shall be used only in the management area ter of a century. It enjoys broad sup- have been talking about here. or in connection with the Boise motorized port from elected officials, as well as Idahoans know that the Boulder- recreation park authorized by section 107. the Idaho conservation community and White Clouds are some of the most (c) CONSULTATION AND RECOMMENDATIONS.— Before funds are provided under subsection present and past statewide officials. beautiful mountains in Idaho. They (b), the Off Road Motor Vehicle Program H.R. 3603 considers all users in the also know they have been the subject shall consider any recommendations regard- Boulder-White Clouds. It creates three of some of the most contentious wilder- ing the use of the funds made by the advi- new wilderness areas, totaling approxi- ness debates in our time. sory committee established as part of the mately 312,000 acres. It authorizes the H.R. 3603, the Central Idaho Eco- program as well as public comments. first-ever wheelchair accessible trails nomic Development and Recreation (d) RELATION TO OTHER LAWS.—Any action in the wilderness. It locks in existing Act, marks a new area in wilderness undertaken using funds obtained under sub- creation, one in which the needs of the section (b) shall conform to the applicable motorized use for all terrain vehicles travel plan of the Challis National Forest, and snowmobiles, and it also provides people who live and recreate in the the Sawtooth National Forest, the Sawtooth much needed economic assistance to a area are as important as the lines National Recreation Area, or the Challis Dis- county that is, get this, over 95 percent drawn on a map. The old approach to trict of the Bureau of Land Management. Federal land. Ninety-five percent. wilderness of sacrificing the needs of SEC. 305. AIRPORTS AND LANDING STRIPS. H.R. 3603 is a locally produced com- individuals and specific user groups to No airstrips exist in the wilderness areas promise that meets the needs of to- the benefit of others will not work any- designated by title II. Nothing in this Act day’s users and secures the future for more. Those who are affected by wil- shall be construed to restrict or preclude the generations of Idahoans and Americans derness must be a part of the solution. use of public or private airports or landing who want to continue using and enjoy- During the past 6 years, my staff and strips located within the management area I had countless meetings with the or adjacent to a wilderness area designated ing our beautiful Boulder-White Clouds by title II. area. By passing this bill, we can put to groups and individuals that will be im- SEC. 306. MANAGEMENT OF RAILROAD RIDGE rest many longstanding conflicts and pacted by my proposed wilderness des- AREA, SAWTOOTH NATIONAL FOR- move forward toward a more secure fu- ignation. These meetings included Cus- EST. ture for those who use and enjoy this ter County’s commissioners, elected (a) FINDINGS.—Congress finds the fol- area. city officials, ranchers, snowmobilers, lowing: Once again, Mr. SIMPSON’s efforts at off-road vehicle users, outfitters, con- (1) The Railroad Ridge area of the Saw- servationists and others, as well as tooth National Forest is host to several ex- bringing together very diverse groups tremely rare and sensitive plant species. should be applauded. I urge passage of public meetings in Stanley, Challis, (2) The area supports some of the most this important piece of compromise and Ketchum. What I heard made me unique and well-developed alpine plant com- legislation. believe that we could find a positive munities in Idaho, and is more botanically Madam Speaker, I reserve the bal- outcome in the management of the diverse than most alpine communities in ance of my time. Boulder-White Clouds that benefits all North America. Ms. BORDALLO. Madam Speaker, I users. (3) The area is currently closed to cross- yield myself such time as I may con- H.R. 3603 represents my best effort at country motorized travel sume. crafting a compromise piece of legisla- (b) ENHANCED AWARENESS AND CONSERVA- tion in a manner where no one is un- TION.—There is authorized to be appropriated (Ms. BORDALLO asked and was to the Secretary of Agriculture $50,000 for given permission to revise and extend fairly impacted. We are providing eco- the development of educational materials her remarks.) nomic stability for Custer County. We and signage to raise the awareness of users Ms. BORDALLO. Madam Speaker, are securing roads and trails for to- of the Railroad Ridge area of the uniqueness the majority has already explained the day’s motorized recreation users and of the area and to promote the conservation purpose of H.R. 3603, which was intro- future generations of motorized users. of the area. duced by the gentleman from Idaho, We are working on providing economic The SPEAKER pro tempore. Pursu- Representative MIKE SIMPSON. viability to ranching families, and we ant to the rule, the gentleman from Or- Contrary to the impression that may are creating three substantive wilder- egon (Mr. WALDEN) and the gentle- have been given, H.R. 3603 is controver- ness areas that have an area half the woman from Guam (Ms. BORDALLO) sial legislation that is being rushed to size of the State of Rhode Island. We each will control 20 minutes. the floor today without even the ben- are even creating the first handi- The Chair recognizes the gentleman efit of a committee report or a Con- capped-accessible wheelchair trail into from Oregon. gressional Budget Office cost estimate. wilderness. GENERAL LEAVE The ranking Democrat on the re- By passing this bill, we can put to Mr. WALDEN of Oregon. Madam sources committee, Representative rest many longstanding conflicts and Speaker, I ask unanimous consent that NICK RAHALL, opposes this bill and oth- move ahead to a stronger, more secure all Members may have five legislative ers share his concern with the legisla- economy in the rugged, beautiful, and days to revise and extend their re- tion. productive heart of Idaho. This bill marks and include extraneous material Madam Speaker, H.R. 3603 is a con- meets the needs of today’s users and on the bill under consideration. troversial and complex measure that secures the future for generations of The SPEAKER pro tempore. Is there should be carefully considered. And as Idahoans who want to continue using objection to the request of the gentle- such, we do not support passage of H.R. and enjoying the beautiful Boulder- woman from Oregon? 3603 by the House today. White Clouds.

VerDate Aug 31 2005 02:06 Jul 25, 2006 Jkt 049060 PO 00000 Frm 00057 Fmt 4634 Sfmt 0634 E:\CR\FM\A24JY7.022 H24JYPT1 jcorcoran on PROD1PC62 with HOUSE H5626 CONGRESSIONAL RECORD — HOUSE July 24, 2006 Henry Clay once stated that ‘‘politics terest: protecting and restoring wild and spe- and Department of Interior testified before is not about ideological purity or cial places. Sierra Club members believe that the House Subcommittee on Forests and moral self-righteousness. It is about good and responsible stewardship requires Forest Health opposing provisions and costs that we protect wildlife habitat, halt the loss of CIEDRA, including the ORV provisions. governing, and if a politician cannot of wild lands, and secure our natural herit- We acknowledge Rep. Simpson’s work in compromise, he cannot govern effec- age for future generations. As a member of moving forward the discussion of Wilderness tively.’’ the House of Representatives, you will make in central Idaho. We welcome the oppor- Today, we have an opportunity to a decision on the Central Idaho Economic tunity to work with Rep. Simpson and other show that we can, in fact, govern effec- Development and Recreation Act (CIEDRA) Members to find accommodations in the bill tively. (H.R. 3603). that would address these issues and help ad- I want to thank the following indi- While we acknowledge several changes vance and not undo the protections when have been made to the bill since its original viduals who have helped me over the Congress established the Sawtooth National introduction, and we are supportive of wil- Recreation Area. last 6 years in creating this bill. First, derness protection for Idaho, we continue to Thank you for your consideration of Sierra I want to thank the chairman of the have very serious concerns regarding several Club’s position and our reasons for opposing full committee and Ranking Member aspects of the legislation. Sierra Club, there- H.R. 3603 in its current form. RAHALL; subcommittee Chairman WAL- fore, continues to oppose H.R. 3603 in its cur- Respectfully yours, DEN and Ranking Member TOM UDALL rent form and asks that you vote NO on this CARL POPE, for their work on this. Custer County legislation. Executive Director. Commissioners Wayne Butts, Cliff Han- PRIVATIZING PUBLIC LANDS The American public has overwhelmingly July 2006. sen and Linn Hintze, Blaine County HONORABLE MEMBERS, HOUSE RESOURCES Commissioners Sarah Michaels and opposed recent proposals to privatize public land. CIEDRA will give away over 5,000 acres COMMITTEE, Why You Must Oppose H.R. 3603 Tom Bowman, Stanley Mayor Hannah of National Forest and BLM-managed lands, (CIEDRA) Central Idaho Economic Develop- Stouts, Former Governor Cecil Andrus, including lands from the congressionally ment and Recreation Act. Former Senator Jim McClure, Bob protected Sawtooth National Recreation (1) Across party lines, the American public Hayes, Bethine Church and the Saw- Area (Sawtooth NRA). These lands include recently expressed a strong and clear will to keep public lands PUBLIC by rejecting legis- tooth Society, Rick Johnson, Linn elk wintering grounds and salmon waters in the Salmon River watershed near Stanley, lation that would have privatized public Kincannon with the Idaho Conserva- land. HR 3603 would thwart the national will tion League, Bart Koehler, Tim Idaho. If CIEDRA is adopted, these lands will be open to large-scale home development and by giving away, for free, roughly 5,100 acres Mahoney, Marcia Argust, Erik motorized recreational parks. It is wrong to of nationally owned public land, including Schultze. give away public lands. acreage in the congressionally-protected And to the staff of the Resources Taxpayers have invested nearly $65 million Sawtooth National Recreation Area (Saw- Committee, particularly Erica over 30 years to protect the Sawtooth NRA. tooth NRA), an American treasure located in Tergeson and Doug Crandall, and to CIEDRA would reverse this policy, even giv- Central Idaho. In Title I, CIEDRA earmarks numerous parcels of nationally owned public Greg Kostka at the legislative counsel ing away land inside the Sawtooth NRA that was purchased in 1989 for $341,000 with federal land to be given away. These include elk who drafted countless versions of this tax dollars in 1989. CIEDRA sets a precedent wintering grounds and salmon waters near legislation. of dismantling protections on public lands to Stanley, Idaho as well as land outside the b 1530 benefit a few local interests, despite the Sawtooth NRA. The exact acreage is still un- strong opposition of many residents. known, as it is yet to be included in the bill And, finally, I want to thank those WILDERNESS LOST language or documented in one place. (2) CIEDRA would mandate motorized use who put the most work into this, my The failure to include 130,000 acres of wil- and erode existing protections in the Saw- staff: Lindsay Slater, my chief of staff; derness quality lands long advocated for pro- tooth NRA. The eastern half of the Sawtooth Laurel Hall; Josh Heird; and Nikki tection by the conservation community for NRA would be overlain with a new Boulder Watts for their incredible efforts on wilderness reduces the habitat and wilder- ness values that should be protected. White Clouds Management Area, designating this piece of legislation. permanent off-road vehicle (ORV) corridors Ms. BORDALLO. Madam Speaker, I WATERS OF THE SAWTOOTH NRA through critical wildlife habitat and estab- yield 7 minutes to the gentlewoman The streams and rivers of the Sawtooth lishing motorized recreation as the priority from New York, Congresswoman Caro- NRA must be protected for fish (especially use for approximately 550,000 acres—almost lyn Maloney. spawning salmon) and wildlife. Normally, twice the acreage the bill would designate as federal lands such as the Sawtooth NRA in- Wilderness. Title III would restrict Sawtooth Mrs. MALONEY. Madam Speaker, I clude federal protection of instream flows. thank the gentlewoman for yielding NRA managers’ ability to protect this new However, in 2000 the Idaho Supreme Court Management Area from ORV damage and and for her leadership in so many stripped the Sawtooth NRA of its protec- lock in the status quo of damaging ORV use. areas. tions for water and the State of Idaho is free CIEDRA would eliminate environmental pro- Madam Speaker, I rise in opposition to continue issuing new water rights further tections, requiring no net loss in motorized to this legislation. As a strong sup- degrading instream flow protections. routes despite resource damage and public porter of our Nation’s wilderness, I am CIEDRA should reassert flow protections. In- safety concerns. Over 200,000 acres of the opposed to it, the Central Idaho Eco- stead, the bill expressly denies a federal Sawtooth NRA, 70,000 acres of additional Na- water right under current Idaho law for the tional Forest lands, and 230,000 acres of nomic Development and Recreation Wilderness areas, and is silent as to the new Act. BLM-managed land adjacent to the Saw- Boulder White Clouds Management Area. tooth NRA would be dedicated to dirt bikes I am joined in my opposition by the The Salmon River and its tributaries could and snowmobiles. Sierra Club, and I will place their be degraded as a result, further harming (3) CIEDRA would undo the protections af- statement in the RECORD. I am also salmon recovery. forded in PL 92–400, passed in 1972 to protect joined in my opposition by 44 different OFF ROAD VEHICLE USE the natural, rural, and scenic values of the organizations, most of which are lo- CIEDRA would give priority use to motor- Sawtooth NRA. Taxpayers have already cated in the great State of Idaho, and ized recreation for a newly designated spent $65 million to create and protect the I will place their statements in opposi- 540,000-acre Boulder White Clouds Manage- Sawtooth NRA, an icon among America’s ment Area, and would in effect subvert the western landscapes. Despite the strong oppo- tion also in the RECORD. I am also conservation purposes of the Sawtooth NRA. sition of many area residents—CIEDRA joined by Wilderness Watch. They are To encourage off-road motorized use, what would set a precedent of dismantling protec- opposed because they say that the leg- should be a cohesive Wilderness is cleaved tions on public land to benefit a few inter- islation contains ‘‘wilderness-weak- into multiple parts. CIEDRA would codify ests. ening provisions.’’ And I will place significant ORV trail incursions into prime (4) CIEDRA fails to provide a water right their statement in the RECORD. habitat. needed by wildlife and fish, especially endan- In particular is our concern that CIEDRA gered salmon. In 2000 the Idaho Supreme SIERRA CLUB, Court stripped the Sawtooth NRA of its pro- July 21, 2006. adopts a ‘‘no net loss’’ requirement that tections for water. CIEDRA should reassert Re Please oppose H.R. 3603/CIEDRA. would prevent Sawtooth NRA land managers from closing motorized trails. No matter instream flow protections. Instead, the bill HOUSE OF REPRESENTATIVES, how great the damage or risk to public safe- expressly denies a federal water right for wil- Washington, DC. ty, motorized recreation is protected by stat- derness areas and is silent as to the new DEAR REPRESENTATIVE: The 750,000 mem- ute. Boulder White Clouds Management Area. bers of the Sierra Club are citizens from On October 27, 2005, current and retired Hunters and fishermen are among those op- across the country who share a common in- land managers from the U.S. Forest Service posing CIEDRA because they know that

VerDate Aug 31 2005 03:01 Jul 25, 2006 Jkt 049060 PO 00000 Frm 00058 Fmt 4634 Sfmt 0634 E:\CR\FM\K24JY7.038 H24JYPT1 jcorcoran on PROD1PC62 with HOUSE July 24, 2006 CONGRESSIONAL RECORD — HOUSE H5627 without water, wilderness cannot support River Runners for Wilderness, Moab, UT, protection of its wilderness character cannot wildlife, and streams cannot support fish. Tom Martin. be used as the premise for limiting horse use. (5) CIEDRA would weaken the Wilderness Wild Law, Montgomery, AL, Ray Vaughan. It essentially grants greater statutory privi- Act, bestowing the name ‘‘Wilderness’’ while Citizens for the Chuckwalla Valley, Desert lege to horse use than to preservation of wil- undermining traditional wilderness protec- Center, CA, Donna Charpied. derness character, which is completely con- tions. Title II would ‘‘release’’ more than Heartwood, Brookport, IL, Mark Donhan. trary to the intent of the Wilderness Act. Citizens Against Recreation Privatization, 130,000 acres of Wilderness Study Areas and PROVISION recommended Wilderness, suspending protec- Southlake, TX, Greg Billingsley. Friends of the Wild Swan, Swan Lake, MT, CIEDRA weakens Wilderness Act restric- tion and opening these lands to damaging tions on access to mining claims. uses. The Wilderness proposed by CIEDRA is Arlene Montgomery. Great Old Broads for Wilderness, Durango, CIEDRA § 202(f): Treatment of Existing so weak and inconsistent with the Wilder- CO, Ronni Egan. Claims and Private Lands.—Nothing in this ness Act that the Forest Service expressed Swan View Coalition, Kallispell, MT, Keith title is intended to affect the rights or inter- strong reservations about this title in its Oc- Hammer. ests in real property, patented mining tober 27, 2005 testimony regarding H.R. 3603. Friends of Bell Smith Springs, Stonefort, claims, or valid claims or prevent reasonable For these and other reasons, the interests Illinois, Sam Stearns. access to private property or for the develop- of your constituents are not well served by Umpqua Watersheds, Roseburg, OR, Penny ment and use of valid mineral rights. H.R. 3603. Lind. Wilderness Act § 5(b): In any case where We, the undersigned, urge you not to sup- valid mining claims or other valid occupan- port CIEDRA. MEMO REGARDING THE WILDERNESS cies are wholly within a designated national COMMITTEE TO SAVE THE SNRA PROVISIONS IN H.R. 3603 forest wilderness area, the Secretary of Agri- Sierra Club, N. Rockies Chapter, Boise, ID, CENTRAL IDAHO ECONOMIC DEVELOPMENT AND culture shall, by reasonable regulations con- Kathy Richmond. RECREATION ACT (CIEDRA), JULY 21, 2001 sistent with the preservation of the area as Idaho Wildlife Federation, Boise, ID, Rep. Mike Simpson’s (R-ID) Central Idaho wilderness, permit ingress and egress to such Cherie Barton. Economic Development and Recreation Act surrounded areas by means which have been Idaho Birdhunters, Boise, ID, Russell (CIEDRA) contains a number of wilderness- or are being customarily enjoyed with re- Heughins. weakening provisions that are contrary to spect to other such areas similarly situated. Idaho Environmental Council, Idaho Falls, the intent and provisions in the Wilderness Discussion: Instead of simply referencing ID, Jerry Jayne. Act. Some of these have been included in one the Wilderness Act, CIEDRA drops the ‘‘rea- Ada County Fish & Game League, Boise, or more other wilderness bills but that does sonable regulations’’ clause, the ‘‘consistent ID, Bob Minter. not make them any less harmful for wilder- with preservation of the area as wilderness’’ Idaho Sporting Congress, Boise, ID, Ron ness. requirement, and the very important ‘‘cus- Mitchell. Exceptions contrary to the Wilderness Act tomarily enjoyed in areas similarly situ- Coalition of Retired Forest Service Man- water down the meaning and authenticity of ated’’ requirement. The latter requirement is agers, Hailey, ID, Scott Phillips. wilderness. The new trend these last several highly significant because courts have relied Golden Eagle Audubon, Boise, ID. years of designating wilderness as part of on it in denying road-building and motorized Payette Forest Watch, Moscow, ID, Erik complex omnibus public lands bills has be- access to private property or valid occupan- Ryberg. come increasingly controversial. The Lin- cies within designated wilderness (Absaroka- Friends of the West, Clayton, ID, Dave coln County bill in Nevada is one recent ex- Beartooth Wilderness is one example). Com- Richmond. ample that bitterly divided the conservation paring to other areas similarly situated re- Friends of the Clearwater, Moscow, ID, community and undermined the language quires comparing to modes of access that are Gary Macfarlane. and intent of the Wilderness Act. allowed to other properties that are sur- Kootenai Environmental Alliance, Coeur Below are citations in CIEDRA that are rounded by designated wilderness. d’Alene, ID, Barry Rosenberg. wilderness-weakening provisions. CIEDRA abandons these provisos of the Idaho Green Party, Boise, ID, Gwen Wilderness Act, leaving the door wide open PROVISION Sanchirico. to any kind of access the agency can be con- NREPA Network, Hailey, ID, Kaz Thea. CIEDRA elevates the interests of certain vinced to approve. user groups into statutory rights. Selkirk Conservation Alliance, Priest PROVISION River, ID, Mark Sprengel. CIEDRA 202(h): Commercial Outfitters and CIEDRA grants fire management authority Western Lands Project, Seattle, WA, Saddle and Pack Stock.—Nothing in this to State and local entities, including use of Janine Blaeloch. title shall preclude horseback riding or the motor vehicles, bulldozers, and chainsaws in Alliance for the Wild Rockies, Missoula, entry of recreational saddle or pack stock Wilderness. MT, Michael Garrity. into the wilderness areas designated by sec- CIEDRA § 205: Wildfire Management.—Con- Wilderness Watch, Missoula, MT, George tion 201, including when such entry is made sistent with section 4 of the Wilderness Act Nickas. by commercial outfitters. nothing in this title precludes a Federal, Friends of the Bitterroot, Hamilton, MT, Discussion: Howard Zahniser, author of the State, or local agency from conducting wild- Larry Campbell. Wilderness Act, said the following in testi- fire management operations, including oper- Big Wild Advocates, Emigrant, MT, Howie mony before the House: ‘‘The purpose of the ations using aircraft or mechanized equip- Wolke. Wilderness Act is to preserve the wilderness Wildlands CPR, Missoula, MT, Bethanie character of the areas to be included in the ment, to manage wildfires in the wilderness Walder. wilderness system, not to establish any par- areas designated by section 201. Wilderness Act § 4(d)(1): Within wilderness National Forest Protection Alliance, Mis- ticular use.’’—May 7th, 1962, 87th Congress areas . . . such measure may be taken as soula, MT, Susan Curry. Commercial outfitters in the Sierra have may be necessary in the control of fire, in- The Ecology Center, Missoula, MT, Jeff been trying for several years to pass a na- sects, and diseases, subject to such condi- Juel. tional Right to Ride bill. They’ve included Save America’s Forests, Washington, D.C., recreational equestrians in their legislative tions as the Secretary deems desirable. Discussion: Under the Wilderness Act the Carl Ross. attempts to get their support for the bill. Secretary clearly retains sole responsibility Bluewater Network, A Division of Friends That bill has not passed, but Right to Ride for fire management decisions in wilderness, of the Earth, San Francisco, CA, Carl language has been inserted into a few wilder- including decisions regarding motorized uses Schneebeck. ness bills, including CIEDRA and the Cali- for fire control. Under CIEDRA, State and Public Lands Foundation, Arlington, VA, fornia Wild Heritage Act, but such language local agencies are placed on an equal footing George Lea. has never passed yet. CIEDRA would be the with the Forest Service for making fire man- Wild Wilderness, Bend, OR, Scott Silver. first to enshrine such language into law. Californians for Western Wilderness, San The overarching statutory mandate of the agement decisions. This devolution of fire Francisco, CA, Michael J. Painter. Wilderness Act is to preserve the wilderness management authority first appeared in the North Cascades Conservation Council, Se- character of an area, and allow nothing to Clark County, Nevada bill in 2002 and was re- attle, WA, Marc Bardsley. diminish its wilderness character over time. peated in the Lincoln County, Nevada bill in Utah Environmental Congress, Salt Lake By law, preserving wilderness character has 2004. City, UT, Kevin Mueller. priority over any particular use of an area. PROVISION Olympic Forest Coalition, Olympia, WA, For that reason any allowable public use CIEDRA fragments the largest remaining Bonnie Phillips. such as hiking or horse use can be limited or contiguous roadless area in the continental Cold Mountain, Cold Rivers, Missoula, MT, prohibited in wilderness if the use is harming U.S. into four parcels separated by ATV and Lance Olsen. some aspect of an area’s wilderness char- motorcycle trails. Conservation Congress, Lewistown, MT, acter. There are a number of wildernesses CIEDRA § 201(1, 2, 3) and § 301(a): CIEDRA Denise Boggs. around the country that are completely designates three separate wildernesses: Hem- Native Forest Council, Eugene, OR, Tim closed to public use for all or part of each ingway-Boulders Wilderness, White Clouds Hermach. year for that very reason. Wilderness, and Jerry Peak Wilderness. The Citizens to Save Our Canyons, Salt Lake CIEDRA does the opposite—it says that Hemingway-Boulders and White Clouds Wil- City, UT, Gale Dick. even though the area has become wilderness, dernesses are separated by a motorcycle

VerDate Aug 31 2005 03:01 Jul 25, 2006 Jkt 049060 PO 00000 Frm 00059 Fmt 4634 Sfmt 0634 E:\CR\FM\A24JY7.051 H24JYPT1 jcorcoran on PROD1PC62 with HOUSE H5628 CONGRESSIONAL RECORD — HOUSE July 24, 2006 trail, the Germania Trail. The Hemingway- and nonlethal methods. . . Use pesticides MIKE SIMPSON, said that it is only 3,600 Boulders Wilderness is further carved into only where other measures are impractical acres. I asked the Democratic staff two parcels separated by another motorcycle . . . Place warning signs at the entrance to what is the correct number? They say trail that branches off the Germania Trail the area where pesticides are being used to they do not know because they just got and leads to the road to the Bowery Guard warn the public of any dangers to themselves Station. The White Clouds Wilderness is or their pets. the maps of this controversial bill similarly carved into two separate pieces Stocking with non-native species: The today at 12:30. And I think that illus- separated by a loop trail used by motor- order of preference for stocking fish species trates, if we do not even know how cycles and ATV’s, the Frog Lake Trail. is (a) Federally listed threatened or endan- many acres of publicly owned land we These motorized routes are shown on maps gered indigenous species, (b) indigenous spe- are giving away, this needs a further on Simpson’s web page and will be on the cies. Species of fish traditionally stocked be- investigation. Travel Map referenced in § 301(a). fore wilderness designation may be consid- In any event, it will give away thou- Discussion: These trails were originally ered indigenous if the species is likely to constructed for packstock but began receiv- survive. Barren lakes and streams may be sands of acres of national forest and ing some motorcycle use over the years. The considered for stocking . . . Bureau of Land Management managed Forest Service did not prohibit the motor- PROVISION lands, including lands within the con- ized use but currently has the authority to gressionally protected Sawtooth Na- CIEDRA would allow motor vehicles and close these trails to motorized use at any aircraft in wilderness for routine game man- tional Recreation Area, to be opened to time. Congress could also choose to close agement. large-scale home development and mo- these motorized trails and designate one CIEDRA § 207(c): Use of Aircraft.—Con- torized recreational parks. American larger and completely contiguous wilderness sistent with section 4(d)(1) of the Wilderness taxpayers have invested nearly $65 mil- for the Boulder-White Cloud Mountains, in- Act and in accordance with appropriate poli- lion over 30 years to protect the Saw- stead of the fragmented version that cies such as those set forth in Appendix B of CIEDRA presents. tooth National Recreational Area, and House Report 101–405 of the 101st Congress, it is among the most beautiful sites PROVISION the State of Idaho may continue to use air- CIEDRA permits stream poisoning, pred- craft, including helicopters, to survey, cap- truly in our country. And now this bill ator control, and stocking with non-native ture, transplant, monitor, and manage elk, will be giving away roughly 3,600 or species in wilderness. deer, bighorn sheep, mountain goats, wolves, 5,000 acres. We are not clear how many. CIEDRA § 207(b): Management Activities.— grizzly bears, and other wildlife and fish. Make no mistake. We are setting a In furtherance of the purposes and principles Appendix B Wildlife Guidelines: Aerial dangerous precedent by turning over of the Wilderness Act, management activi- stocking of fish shall be permitted for those land that is truly owned by this coun- ties to maintain or restore fish and wildlife waters in wilderness where this was an es- try by all Americans for private devel- populations and the habitats to support such tablished practice before wilderness designa- populations may be carried out within wil- tion . . . motorized methods and temporary opment, most of it completely for free. derness areas designated by section 201 holding and handling facilities may be per- Some are willing to accept this dan- where consistent with relevant wilderness mitted if they are the minimum necessary gerous precedent and other comprises management plans, in accordance with ap- . . . Chemical poisoning of lakes is done with harmful to the land and wildlife be- propriate policies such as those set forth in motorboats . . . cause this bill designates some wilder- Appendix B of House Report 101–405 of the PROVISION ness. However, Madam Speaker, the es- 101st Congress, including the occasional and CIEDRA releases 130,000 acres of Wilder- teemed ranking member, NICK RAHALL, temporary use of motorized vehicles, if such ness Study Areas and Forest Service rec- of the Resources Committee, and I use, as determined by the Secretary con- ommended wilderness, suspending current cerned would promote healthy, viable, and quote his statement in the committee, protections and opening these lands to po- more naturally distributed wildlife popu- ‘‘I believe that wilderness designations tentially damaging multiple-use. should not be the result of a quid pro lations that would enhance wilderness values CIEDRA § 210(b)(1): Releases the Jerry and accomplish those purposes using the Peak Wilderness Study Area, the Jerry Peak quo,’’ this is from NICK RAHALL, who is minimum tool necessary to reasonably ac- West Wilderness Study Area, the Corral- opposing this bill. complish the task. Horse Basin Wilderness Study Area, and the MIKE THOMPSON has a bill before us Wilderness Act § 2(c): Definition of Wilder- Boulder Creek Wilderness Study Area. Any today that would designate 275,000 ness.—A wilderness, in contrast with those public land described in paragraph (1) that is areas where man and his own works domi- acres of wilderness, and I am totally not designated as wilderness by this title is nate the landscape, is hereby recognized as supportive. But apparently, these two no longer subject to section 603( c) of the an area where the earth and its community bills have been tied together in an un- Federal Land Policy and Management Act of life are untrammeled by man.... precedented way. But even if you be- (FLPMA) of 1976. These WSA’s total 80,000 Discussion: By statutory definition, wil- acres. lieve they should both move forward, derness is to remain a place set apart where FLPMA requires that WSA’s be managed let us look at what getting in return its natural processes including wildlife popu- in a manner that does not impair their suit- for our public lands. lations remain untrammeled by intentional ability for designation as wilderness, and di- human manipulations and interference. We are getting a number, according rects the Secretary to take action to prevent While the State retains its role in regulating to the Wilderness Watch and the Sierra unnecessary or undue degradation of those hunting and fishing in wilderness, the clear Club, of wilderness-weakening provi- lands. intent of the Wilderness Act is not to allow sions that are contrary and, indeed, un- A PowerPoint presentation on Simpson’s the heavy-handed game management activi- website indicates that CIEDRA does not des- dermine the intent and provisions of ties that State Fish & Game managers often ignate 50,000 acres that have been rec- the Wilderness Act that has been the employ on non-wilderness lands. ommended by the Forest Service for wilder- gold standard for wilderness protection The House Report incorporated by CIEDRA ness designation. in America for over 40 years. contains what are known as the ‘‘wildlife guidelines.’’ Those guidelines were not writ- Mrs. MALONEY. Madam Speaker, For example, H.R. 3603 fragments the ten by wilderness managers, they were draft- among other harmful provisions, the largest remaining contiguous, roadless ed by state wildlife managers and were first underlying bill, H.R. 3603, will give area in the continental U.S. into four incorporated into statute in the Arizona away many public lands for private de- parcels separated and surrounded by Desert Wilderness Act of 1990. Those guide- velopment to local governments com- all-terrain vehicles and motorcycle lines contain the following: pletely for free. A bill this controver- trails. Stream Poisoning: Chemical treatment Secondly, according to Sierra Club may be necessary to prepare waters for the sial should not be considered under sus- reestablishment of indigenous species, to pension of the rules. and Wilderness Watch, it weakens protect or recover Federally listed threat- The bill, H.R. 3603, includes unusual stream protection by saying that the ened or endangered species, or to correct un- language that allows the giving away Forest Service, in order to get water desirable conditions resulting from the influ- of publicly owned land, owned by the rights, they must get these rights from ence of man. . . Use only registered pesticide taxpayers, to localities, to counties, the State. But the State does not pro- . . . Schedule chemical treatments during and local governments for them then vide wilderness water rights. There- periods of low human use, insofar as pos- to possibly develop it for private devel- fore, the Democratic staff says that sible. . . Predator Control: Wildlife damage control opment. this is a complete and total charade. in wilderness may be necessary to . . . pre- It will also give away, I am told, by Also, it weakens restrictions on ac- vent serious losses of domestic livestock . . . the Sierra Club, 5,000 acres. My good cess to mining claims and releases Acceptable control measures include lethal friend on the other side of the aisle, more than 130,000 acres of Wilderness

VerDate Aug 31 2005 03:01 Jul 25, 2006 Jkt 049060 PO 00000 Frm 00060 Fmt 4634 Sfmt 0634 E:\CR\FM\A24JY7.057 H24JYPT1 jcorcoran on PROD1PC62 with HOUSE July 24, 2006 CONGRESSIONAL RECORD — HOUSE H5629 Study Areas and recommended Wilder- supporting this, as well as the other if you have ever been there, it is some- ness, suspending protection and open- members of the Sawtooth Society. Nei- thing that deserves protecting. ing these lands to damaging uses. ther would the Boulder-White Clouds Mr. WALDEN of Oregon. Madam We must not set a precedent of giving Council be supporting in this. So it is a Speaker, I yield myself the balance of away lands for private development, compromise. There are provisions in it my time. and we must not get in place of it wa- that you can find that you do not like. Again, I want to commend the hard tered-down, substandard ‘‘wilderness.’’ One of the interesting things is that work and diligent effort of our col- It is simply not worth the cost. the Sierra Club says there is no Fed- league MIKE SIMPSON from Idaho and A bill this controversial simply eral reserved water rights on this. his staff and the people he has worked should not be considered under suspen- MOMENT OF SILENCE IN MEMORY OF OFFICER with for a long time to bring this bill sion, and I urge, along with the Sierra JACOB J. CHESTNUT AND DETECTIVE JOHN M. to this point and for our consideration. Club, 44 organizations, Wilderness GIBSON And I would heartily urge our Members Watch, a ‘‘no’’ vote on H.R. 3603. And I The SPEAKER pro tempore. Will the to support it and remind them that it feel it should not be tied in any way to gentleman suspend. came out of the Resources Committee Mr. THOMPSON’s very fine bill that pro- Pursuant to the Chair’s announce- on a unanimous vote. vides for wilderness protection. ment of earlier today, the House will Mr. RAHALL. Madam Speaker, I have spent Ms. BORDALLO. Madam Speaker, I now observe a moment of silence in more than half my life as a member of the Re- have no further requests for time, and memory of Officer Jacob J. Chestnut sources Committee. In that time I have sup- I yield back the balance of my time. and Detective John M. Gibson. ported numerous wilderness designations. In Mr. WALDEN of Oregon. Madam Please rise for a moment of silence. fact, I cannot recall ever opposing a wilder- Speaker, I yield such time as he may The gentleman from Idaho is recog- ness bill. Yet, today, I find myself in a different consume to the author of the bill for a nized. situation. While I am normally excited, in fact, concluding statement and any com- Mr. SIMPSON. One last comment, enthused, whenever a Republican introduces ments he may have. Madam Speaker. The argument I found a wilderness bill, H.R. 3603 falls far short of Mr. SIMPSON. Madam Speaker, I so strange by the Sierra Club is that what I see as an acceptable standard for such have to respond to a couple of the they say that this does not have Fed- an exceptional area. statements that were been made be- eral water right protection in it. And Wilderness designations should not be the cause I know that they have been made you are right. It does not have Federal result of a quid pro quo. They should rise or over the past by the Sierra Club and water right protection in it. It does not fall on their own merits. We all understand that others. need Federal water right protection in compromise is part of the legislative process, First of all, the Wilderness Society it because the wilderness area is all yet at the same time, I would submit that wil- and the Campaign for American Wil- headwaters. Whatever falls on the derness is not for sale. Simply put, I believe derness would not be supporting this ground from the sky, whatever comes we should not seek the lowest common de- bill if we actually had wilderness- out of the springs there, are protected nominator when it comes to wilderness and weakening provisions in this. And by the wilderness designation. It does saddle a wilderness designation with excep- while there are compromises in that, not need Federal water right designa- tions, exclusions, and exemptions. Wilderness and the comment of the ranking mem- tion because there is no water right to is an endangered species. But instead of ber, Mr. RAHALL, that we should not protect. So I have never understood treating it as such, H.R. 3603 declares open have a quid pro quo, that is kind of the their argument. season on it. nature of a compromise, that there are But the reality is that we protect With all due respect to the author of this some things in it that you like and water in this bill better than any wil- legislation, and its supporters, in my view the some things that you do not like. derness bill that has ever passed be- focus of this bill is placed on development, There are provisions of this bill which cause the Wilderness Act itself allows with public land giveaways, monetary favors I personally am not in favor of, but for the President on his declaration to and special legislative provisions for a select they were necessary in order to get the go into a wilderness area and build a few. compromise that is necessary in order dam or other things for irrigation pur- There is nothing to be ashamed about with to pass this legislation and protect poses if he declares that that is nec- wilderness. Wilderness is not defined by the these lands. essary. That is one of the actual com- absence of certain activities, but rather by the First of all, the land transfers that promises that were made when the Wil- presence of certain unique and invaluable are being talked about, they total derness Act was enacted. We take away characteristics. The answer to the oft-asked about 3,600 acres. This is in a county the President’s right to do that. He question, ‘‘why do you want this area to be that is 95 public land, over 95 percent. could not go in and designate certain wilderness’’ is that these areas are already Out of a total of 3.2 million acres in areas to be used for irrigation and wilderness. Congress cannot ‘‘create’’ wilder- this county, we are talking about build dams and take water or anything ness. That is done by the hand of God. But transferring about 3,600 acres. These else. The water that falls on the land what we can do is look beyond the fleeting are not the beautiful mountains that will be preserved for the Boulder-White uses these wild lands could be put to and pre- you see in the pictures. These are Clouds Wilderness. serve them as they are and as they have mostly desert lands, sagebrush lands. Madam Speaker, I appreciate the been for generations. They will help the county do things gentlewoman’s concern, and I appre- President Lyndon Johnson, at the signing of like find room for their landfill, other ciate the fact that this is a compromise the Wilderness Act in 1964 perhaps summed things like that which will help in the and that there are people on both sides it up best when he said: ‘‘If future generations economic development of this county. of this issue, in fact, on all sides, there are to remember us with gratitude rather than Most people that have looked at the are multiple sides, who do not like contempt, we must leave them something actual lands that are being transferred this, who do not think it goes far more than the miracles of technology. We are not opposed to them except for a enough in their direction. But the na- must leave them a glimpse of the world as it small portion of them that are actually ture of a compromise is that you try to was in the beginning, not just after we got in Stanley, and in Stanley the city of bring people toward the middle. You through with it.’’ Stanley has to repay the Federal Gov- try to bring people toward a center H.R. 3603 falls far short of the standard that ernment for these lands that were ac- that they can say we get more out of has been set for wilderness designation over tually purchased by the Federal Gov- this bill than we lose. the past forty years. It treats wilderness as a ernment. If we were to draft the perfect bill bargaining chip, something to be used to gain I would also say that if there was a that you liked, that the Sierra Club other ends. I simply cannot support eroding great deal of concern about these land liked, we could never get it passed be- protections in the Sawtooth National Recre- transfers and what it is going to do to cause the people on the other side ation Area, the transfer of public lands to de- the Sawtooth National Recreation would then be violently opposed to it. velopers, or the payoffs to mining speculators Area, the Sawtooth Society would not So what we are trying to do is reach to name but a few issues. be supporting this. Frank Church’s that balance where we can actually H.R. 3603 does not enhance the cause of wife, Bethine Church, would not be protect the Boulder-White Clouds, and wilderness, it cheapens it. The rush to bring

VerDate Aug 31 2005 03:01 Jul 25, 2006 Jkt 049060 PO 00000 Frm 00061 Fmt 4634 Sfmt 9920 E:\CR\FM\K24JY7.042 H24JYPT1 jcorcoran on PROD1PC62 with HOUSE H5630 CONGRESSIONAL RECORD — HOUSE July 24, 2006 this bill to the floor, without even a Committee SEC. 3. DESIGNATION OF WILDERNESS AREAS. the maps described in subparagraph (B) and Report, only shows that proponents fear a little In accordance with the Wilderness Act (16 which is incorporated in and shall be consid- U.S.C. 1131 et seq.), the following areas in the sunshine on this legislation. They don’t want ered to be a part of the Trinity Alps Wilder- State of California are designated as wilder- ness as designated by section 101(a)(34) of the you to look too closely at the backroom deals ness areas and as components of the Na- California Wilderness Act of 1984 (16 U.S.C. that were made, the favors that were granted, tional Wilderness Preservation System: 1132 note; Public Law 98–425). or the real resource protection for these public (1) SNOW MOUNTAIN WILDERNESS ADDITION.— (B) DESCRIPTION OF MAPS.—The maps re- resources that is being forgone. (A) IN GENERAL.—Certain land in the ferred to in subparagraph (A) are— Madam Speaker, H.R. 3603, is bad wilder- Mendocino National Forest, comprising ap- (i) the map entitled ‘‘East Fork Unit, Trin- ness policy, it’s bad resource management proximately 23,706 acres, as generally de- ity Alps Proposed Wilderness Addition, Six policy and it is bad fiscal policy. I urge defeat picted on the maps described in subpara- Rivers National Forest’’ and dated Sep- graph (B), is incorporated in and shall con- tember 17, 2004; of the legislation. sidered to be a part of the ‘‘Snow Mountain (ii) the map entitled ‘‘Horse Linto Unit, Mr. WALDEN of Oregon. Madam Wilderness’’, as designated by section Trinity Alps Proposed Wilderness Addition, Speaker, I yield back the balance of 101(a)(31) of the California Wilderness Act of Six Rivers National Forest’’ and dated Sep- my time. 1984 (16 U.S.C. 1132 note; Public Law 98–425). tember 17, 2004; and The SPEAKER pro tempore. The (B) DESCRIPTION OF MAPS.—The maps re- (iii) the map entitled ‘‘Red Cap Unit, Trin- question is on the motion offered by ferred to in subparagraph (A) are— ity Alps Proposed Wilderness Addition, Six (i) the map entitled ‘‘Skeleton Glade Unit, the gentleman from Oregon (Mr. WAL- Rivers National Forest’’ and dated June 7, Snow Mountain Proposed Wilderness Addi- 2005. DEN) that the House suspend the rules tion, Mendocino National Forest’’ and dated (8) CACHE CREEK WILDERNESS.—Certain land and pass the bill, H.R. 3603, as amend- April 21, 2005; and administered by the Bureau of Land Manage- ed. (ii) the map entitled ‘‘Bear Creek/Deafy ment in Lake County, California, comprising The question was taken; and (two- Glade Unit, Snow Mountain Wilderness Addi- approximately 27,245 acres, as generally de- thirds having voted in favor thereof) tion, Mendocino National Forest’’ and dated picted on the map entitled ‘‘Cache Creek the rules were suspended and the bill, July 21, 2006. Wilderness Area’’ and dated July 22, 2006, as amended, was passed. (2) SANHEDRIN WILDERNESS.—Certain land which shall be known as the ‘‘Cache Creek A motion to reconsider was laid on in the Mendocino National Forest, com- Wilderness’’. prising approximately 10,571 acres, as gen- the table. (9) CEDAR ROUGHS WILDERNESS.—Certain erally depicted on the map entitled ‘‘Sanhe- land administered by the Bureau of Land f drin Proposed Wilderness, Mendocino Na- Management in Napa County, California, NORTHERN CALIFORNIA COASTAL tional Forest’’ and dated April 21, 2005, which comprising approximately 6,350 acres, as gen- shall be known as the ‘‘Sanhedrin Wilder- WILD HERITAGE WILDERNESS ACT erally depicted on the map entitled ‘‘Cedar ness’’. Roughs Wilderness Area’’ and dated Sep- Mr. WALDEN of Oregon. Madam (3) YUKI WILDERNESS.—Certain land in the tember 27, 2004, which shall be known as the Speaker, I move to suspend the rules Mendocino National Forest and certain land ‘‘Cedar Roughs Wilderness’’. and pass the bill (H.R. 233) to designate administered by the Bureau of Land Manage- (10) SOUTH FORK EEL RIVER WILDERNESS.— ment in Lake and Mendocino Counties, Cali- certain National Forest System lands Certain land administered by the Bureau of fornia, together comprising approximately Land Management in Mendocino County, in the Mendocino and Six Rivers Na- 53,887 acres, as generally depicted on the map California, comprising approximately 12,915 tional Forests and certain Bureau of entitled ‘‘Yuki Proposed Wilderness’’ and acres, as generally depicted on the map enti- Land Management lands in Humboldt, dated May 23, 2005, which shall be known as tled ‘‘South Fork Eel River Wilderness Area Lake, Mendocino, and Napa Counties in the ‘‘Yuki Wilderness’’. and Elkhorn Ridge Potential Wilderness’’ the State of California as wilderness, (4) YOLLA BOLLY-MIDDLE EEL WILDERNESS and dated June 16, 2005, which shall be to designate the Elkhorn Ridge Poten- ADDITION.—Certain land in the Mendocino known as the ‘‘South Fork Eel River Wilder- tial Wilderness Area, to designate cer- National Forest and certain land adminis- ness’’. tered by the Bureau of Land Management in tain segments of the Black Butte River (11) KING RANGE WILDERNESS.— Mendocino County, California, together com- (A) IN GENERAL.—Certain land adminis- in Mendocino County, California as a prising approximately 27,036 acres, as gen- tered by the Bureau of Land Management in wild or scenic river, and for other pur- erally depicted on the map entitled ‘‘Middle Humboldt and Mendocino Counties, Cali- poses, as amended. Fork Eel, Smokehouse and Big Butte Units, fornia, comprising approximately 42,585 The Clerk read as follows: Yolla Bolly-Middle Eel Proposed Wilderness acres, as generally depicted on the map enti- H.R. 233 Addition’’ and dated June 7, 2005, is incor- tled ‘‘King Range Wilderness’’, and dated No- porated in and shall considered to be a part vember 12, 2004, which shall be known as the Be it enacted by the Senate and House of Rep- of the Yolla Bolly-Middle Eel Wilderness, as ‘‘King Range Wilderness’’. resentatives of the United States of America in designated by section 3 of the Wilderness Act (B) APPLICABLE LAW.—With respect to the Congress assembled, (16 U.S.C. 1132). wilderness designated by subparagraph (A), SECTION 1. SHORT TITLE AND TABLE OF CON- (5) SISKIYOU WILDERNESS ADDITION.— in the case of a conflict between this Act and TENTS. (A) IN GENERAL.—Certain land in the Six Public Law 91–476 (16 U.S.C. 460y et seq.), the (a) SHORT TITLE.—This Act may be cited as Rivers National Forest, comprising approxi- more restrictive provision shall control. the ‘‘Northern California Coastal Wild Herit- mately 30,122 acres, as generally depicted on (12) ROCKS AND ISLANDS.— age Wilderness Act’’. the maps described in subparagraph (B), is (A) IN GENERAL.—All Federally-owned (b) TABLE OF CONTENTS.—The table of con- incorporated in and shall be considered to be rocks, islets, and islands (whether named or tents for this Act is as follows: a part of the Siskiyou Wilderness, as des- unnamed and surveyed or unsurveyed) that Sec. 1. Short title and table of contents. ignated by section 101(a)(30) of the California are located— Sec. 2. Definition of Secretary. Wilderness Act of 1984 (16 U.S.C. 1132 note; (i) not more than 3 geographic miles off the Sec. 3. Designation of wilderness areas. Public Law 98–425). coast of the King Range National Conserva- Sec. 4. Administration of wilderness areas. (B) DESCRIPTION OF MAPS.—The maps re- tion Area; and Sec. 5. Release of wilderness study areas. ferred to in subparagraph (A) are— (ii) above mean high tide. Sec. 6. Elkhorn Ridge Potential Wilderness (i) the map entitled ‘‘Bear Basin Butte (B) APPLICABLE LAW.—In the case of a con- Area. Unit, Siskiyou Proposed Wilderness Addi- flict between this Act and Proclamation No. Sec. 7. Wild and scenic river designation. tions, Six Rivers National Forest’’ and dated 7264 (65 Fed. Reg. 2821), the more restrictive Sec. 8. King Range National Conservation June 28, 2005; and provision shall control. Area boundary adjustment. (ii) the map entitled ‘‘Blue Creek Unit, SEC. 4. ADMINISTRATION OF WILDERNESS Sec. 9. Cow Mountain Recreation Area, Lake Siskiyou Proposed Wilderness Addition, Six AREAS. and Mendocino Counties, Cali- Rivers National Forest’’ and dated July 21, (a) MANAGEMENT.—Subject to valid exist- fornia. 2006; ing rights, each area designated as wilder- Sec. 10. Continuation of traditional com- (6) MOUNT LASSIC WILDERNESS.—Certain ness by section 3 shall be administered by mercial surf fishing, Redwood land in the Six Rivers National Forest, com- the Secretary in accordance with the Wilder- National and State Parks. prising approximately 7,279 acres, as gen- ness Act (16 U.S.C. 1131 et seq.), except that— SEC. 2. DEFINITION OF SECRETARY. erally depicted on the map entitled ‘‘Mt. (1) any reference in that Act to the effec- In this Act, the term ‘‘Secretary’’ means— Lassic Proposed Wilderness’’ and dated June tive date shall be considered to be a ref- (1) with respect to land under the jurisdic- 7, 2005, which shall be known as the ‘‘Mount erence to the date of enactment of this Act; tion of the Secretary of Agriculture, the Sec- Lassic Wilderness’’. and retary of Agriculture; and (7) TRINITY ALPS WILDERNESS ADDITION.— (2) any reference in that Act to the Sec- (2) with respect to land under the jurisdic- (A) IN GENERAL.—Certain land in the Six retary of Agriculture shall be considered to tion of the Secretary of the Interior, the Sec- Rivers National Forest, comprising approxi- be a reference to the Secretary that has ju- retary of the Interior. mately 22,863 acres, as generally depicted on risdiction over the wilderness.

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(b) MAP AND DESCRIPTION.— stallation and maintenance of the instru- (A) close any cherry-stemmed road that is (1) IN GENERAL.—As soon as practicable mentation within the wilderness areas. open to the public as of the date of the en- after the date of enactment of this Act, the (h) MILITARY ACTIVITIES.—Nothing in this actment of this Act; Secretary shall file a map and a legal de- Act precludes low-level overflights of mili- (B) prohibit motorized access on a cherry- scription of each wilderness area designated tary aircraft, the designation of new units of stemmed road that is open to the public for by section 3 with— special airspace, or the use or establishment motorized access as of the date of the enact- (A) the Committee on Resources of the of military flight training routes over wil- ment of this Act; or House of Representatives; and derness areas designated by this Act. (C) prohibit mechanized access on a cher- (B) the Committee on Energy and Natural (i) LIVESTOCK.—Grazing of livestock and ry-stemmed road that is open to the public Resources of the Senate. the maintenance of existing facilities related for mechanized access as of the date of the (2) FORCE OF LAW.—A map and legal de- to grazing in wilderness areas designated by enactment of this Act. scription filed under paragraph (1) shall have this Act, where established before the date of (3) EXCEPTIONS.—Nothing in this sub- the same force and effect as if included in enactment of this Act, shall be permitted to section shall be construed as precluding the this Act, except that the Secretary may cor- continue in accordance with— Secretary from closing or restricting access rect errors in the map and legal description. (1) section 4(d)(4) of the Wilderness Act (16 to a cherry-stemmed road for purposes of sig- (3) PUBLIC AVAILABILITY.—Each map and U.S.C. 1133(d)(4)); and nificant resource protection or public safety. (2) the guidelines set forth in Appendix A legal description filed under paragraph (1) SEC. 5. RELEASE OF WILDERNESS STUDY AREAS. of the report of the Committee on Interior shall be filed and made available for public (a) FINDING.—Congress finds that, for the inspection in the appropriate office of the and Insular Affairs of the House of Rep- purposes of section 603 of the Federal Land Secretary. resentatives accompanying H.R. 2570 of the Policy and Management Act of 1976 (43 (c) INCORPORATION OF ACQUIRED LAND AND 101st Congress (H. Rept. 101–405). U.S.C. 1782), any portion of a wilderness (j) FISH AND WILDLIFE MANAGEMENT.— INTERESTS.—Any land within the boundary study area described in subsection (b) that is (1) IN GENERAL.—In furtherance of the pur- of a wilderness area designated by this Act not designated as wilderness by section 3 or that is acquired by the Federal Government poses of the Wilderness Act (16 U.S.C. 1131 et any previous Act has been adequately stud- shall— seq.), the Secretary may carry out manage- ied for wilderness. (1) become part of the wilderness area in ment activities to maintain or restore fish (b) DESCRIPTION OF STUDY AREAS.—The which the land is located; and and wildlife populations and fish and wildlife study areas referred to in subsection (a) (2) be managed in accordance with this habitats in wilderness areas designated by are— Act, the Wilderness Act (16 U.S.C. 1131 et this Act if such activities are— (1) the King Range Wilderness Study Area; seq.), and any other applicable law. (A) consistent with applicable wilderness (2) the Chemise Mountain Instant Study (d) WITHDRAWAL.—Subject to valid rights management plans; and Area; in existence on the date of enactment of this (B) carried out in accordance with applica- (3) the Red Mountain Wilderness Study Act, the Federal land designated as wilder- ble guidelines and policies. Area; ness by this Act is withdrawn from all forms (2) STATE JURISDICTION.—Nothing in this (4) the Cedar Roughs Wilderness Study of— Act affects the jurisdiction of the State of Area; and (1) entry, appropriation, or disposal under California with respect to fish and wildlife (5) those portions of the Rocky Creek/ the public land laws; on the public land located in the State. Cache Creek Wilderness Study Area in Lake (2) location, entry, and patent under the (k) USE BY MEMBERS OF INDIAN TRIBES.— County, California which are not in R. 5 W., mining laws; and (1) ACCESS.—In recognition of the past use T. 12 N., sec. 22, Mount Diablo Meridian. (3) disposition under all laws pertaining to of wilderness areas designated by this Act by (c) RELEASE.—Any portion of a wilderness mineral and geothermal leasing or mineral members of Indian tribes for traditional cul- study area described in subsection (b) that is materials. tural and religious purposes, the Secretary not designated as wilderness by section 3 or (e) FIRE, INSECT, AND DISEASE MANAGEMENT shall ensure that Indian tribes have access to any other Act enacted before the date of en- ACTIVITIES.— the wilderness areas for traditional cultural actment of this Act shall not be subject to (1) IN GENERAL.—The Secretary may take and religious purposes. section 603(c) of the Federal Land Policy and such measures in the wilderness areas des- (2) TEMPORARY CLOSURES.— Management Act of 1976 (43 U.S.C. 1782(c)). ignated by this Act as are necessary for the (A) IN GENERAL.—In carrying out this sec- SEC. 6. ELKHORN RIDGE POTENTIAL WILDER- control and prevention of fire, insects, and tion, the Secretary, on request of an Indian NESS AREA. diseases, in accordance with— tribe, may temporarily close to the general (a) DESIGNATION.—In furtherance of the (A) section 4(d)(1) of the Wilderness Act (16 public 1 or more specific portions of a wilder- purposes of the Wilderness Act (16 U.S.C. 1131 U.S.C. 1133(d)(1)); and ness area to protect the privacy of the mem- et seq.), certain public land in the State ad- (B) House Report No. 98–40 of the 98th Con- bers of the Indian tribe in the conduct of the ministered by the Bureau of Land Manage- gress. traditional cultural and religious activities ment, compromising approximately 11,271 (2) REVIEW.—Not later than 1 year after the in the wilderness area. acres, as generally depicted on the map enti- date of enactment of this Act, the Secretary (B) REQUIREMENT.—Any closure under sub- tled ‘‘South Fork Eel River Wilderness Area shall review existing policies applicable to paragraph (A) shall be made in such a man- and Elkhorn Ridge Potential Wilderness’’ the wilderness areas designated by this Act ner as to affect the smallest practicable area and dated June 16, 2005, is designated as a po- to ensure that authorized approval proce- for the minimum period of time necessary tential wilderness area. dures for any fire management measures for the activity to be carried out. (b) MANAGEMENT.—Except as provided in allow a timely and efficient response to fire (3) APPLICABLE LAW.—Access to the wilder- subsection (c) and subject to valid existing emergencies in the wilderness areas. ness areas under this subsection shall be in rights, the Secretary shall manage the po- (f) ACCESS TO PRIVATE PROPERTY.— accordance with— tential wilderness area as wilderness until (1) IN GENERAL.—The Secretary shall pro- (A) Public Law 95–341 (commonly known as the potential wilderness area is designated vide any owner of private property within the ‘‘American Indian Religious Freedom as wilderness under subsection (d). the boundary of a wilderness area designated Act’’) (42 U.S.C. 1996 et seq.); and (c) ECOLOGICAL RESTORATION.— by this Act adequate access to such property (B) the Wilderness Act (16 U.S.C. 1131 et (1) IN GENERAL.—For purposes of ecological to ensure the reasonable use and enjoyment seq.). restoration (including the elimination of of the property by the owner. (l) ADJACENT MANAGEMENT.— non-native species, removal of illegal, un- (2) KING RANGE WILDERNESS.— (1) IN GENERAL.—Nothing in section 3 cre- used, or decommissioned roads, repair of (A) IN GENERAL.—Subject to subparagraph ates protective perimeters or buffer zones skid tracks, and any other activities nec- (B), within the wilderness designated by sec- around any wilderness area designated by essary to restore the natural ecosystems in tion 3(11), the access route depicted on the section 3. the potential wilderness area), the Secretary map for private landowners shall also be (2) NONWILDERNESS ACTIVITIES.—The fact may use motorized equipment and mecha- available for persons invited by the private that nonwilderness activities or uses can be nized transport in the potential wilderness landowners. seen or heard from areas within a wilderness area until the potential wilderness area is (B) LIMITATION.—Nothing in subparagraph area designated by section 3 shall not pre- designated as wilderness under subsection (A) requires the Secretary to provide any ac- clude the conduct of those activities or uses (d). cess to the landowners or persons invited by outside the boundary of the wilderness area. (2) LIMITATION.—To the maximum extent the landowners beyond the access that would (m) CHERRY-STEMMED ROADS.— practicable, the Secretary shall use the min- be available if the wilderness had not been (1) DEFINITION.—In this subsection, the imum tool or administrative practice nec- designated. term ‘‘cherry-stemmed road’’ means a road essary to accomplish ecological restoration (g) SNOW SENSORS AND STREAM GAUGES.—If that is excluded from the wilderness areas with the least amount of adverse impact on the Secretary determines that hydrologic, designated by section 3 by a non-wilderness wilderness character and resources. meteorologic, or climatological instrumen- corridor having designated wilderness on (d) EVENTUAL WILDERNESS DESIGNATION.— tation is appropriate to further the sci- both sides, as generally depicted on the maps The potential wilderness area shall be des- entific, educational, and conservation pur- described in such section ignated as wilderness and as a component of poses of the wilderness areas designated by (2) CLOSURES AND RESTRICTIONS.—The Sec- the National Wilderness Preservation Sys- this Act, nothing in this Act prevents the in- retary shall not— tem on the earlier of—

VerDate Aug 31 2005 03:01 Jul 25, 2006 Jkt 049060 PO 00000 Frm 00063 Fmt 4634 Sfmt 0634 E:\CR\FM\A24JY7.039 H24JYPT1 jcorcoran on PROD1PC62 with HOUSE H5632 CONGRESSIONAL RECORD — HOUSE July 24, 2006 (1) the date on which the Secretary pub- rior shall prepare a map and legal descrip- SEC. 10. CONTINUATION OF TRADITIONAL COM- lishes in the Federal Register notice that the tions of the boundaries of the recreation MERCIAL SURF FISHING, REDWOOD conditions in the potential wilderness area area. The Secretary shall submit the map NATIONAL AND STATE PARKS. that are incompatible with the Wilderness and legal descriptions to the Committee on (a) AVAILABILITY OF LIMITED NUMBER OF Act (16 U.S.C. 1131 et seq.) have been re- Resources of the House of Representatives PERMITS.—For the sole purpose of continuing moved; or and to the Committee on Energy and Nat- traditional commercial surf fishing, the Sec- (2) the date that is 5 years after the date of ural Resources of the Senate. retary of the Interior shall permit the right enactment of this Act. (2) LEGAL EFFECT.—The map and legal de- of entry for authorized vehicle access onto (e) ADMINISTRATION AS WILDERNESS.—On its scriptions of the recreation area shall have the wave slope area at that area known as designation as wilderness under subsection the same force and effect as if included in Gold Bluffs Beach, Prairie Creek Redwoods (d), the potential wilderness area shall be— this Act, except that the Secretary may cor- State Park, and that portion of the beach (1) known as the ‘‘Elkhorn Ridge Wilder- rect clerical and typographical errors in the north and south of Redwood Creek in Red- ness’’; and map and legal descriptions. The map shall be wood National and State Parks. The number (2) administered in accordance with sec- on file and available for public inspection in of permits issued under the authority of this tion 4 and the Wilderness Act (16 U.S.C. 1131 appropriate offices of the Bureau of Land section shall be limited to the number of et seq.). Management. valid permits that were held on the date of enactment of this Act. The permits so issued SEC. 7. WILD AND SCENIC RIVER DESIGNATION. (c) ADMINISTRATION.— shall be perpertual and subject to the same (a) DESIGNATION OF BLACK BUTTE RIVER, (1) IN GENERAL.—The Secretary of the Inte- conditions as the permits held on the date of CALIFORNIA.—Section 3(a) of the Wild and rior shall administer the recreation area in the enactment of this Act. Scenic Rivers Act (16 U.S.C. 1274(a)) is accordance with this section and the laws (b) WAVE SLOPE AREA DEFINED.—In this amended by adding at the end the following: and regulations generally applicable to the section, the term ‘‘wave slope area’’ refers to ‘‘( ) BLACK BUTTE RIVER, CALIFORNIA.— ll public lands, including the Federal Land Pol- the area that has been wet by the wave ac- The following segments of the Black Butte icy and Management Act of 1976 (43 U.S.C. tion of the previous high tide, but does not River in the State of California, to be admin- 1701 et seq.). include any vegetated areas. istered by the Secretary of Agriculture: (2) EXISTING RIGHTS.—The establishment of ‘‘(A) The 16 miles of Black Butte River, the recreation area shall be subject to all The SPEAKER pro tempore. Pursu- from the Mendocino County Line to its con- valid existing rights. ant to the rule, the gentleman from Or- fluence with Jumpoff Creek, as a wild river. (d) RECREATIONAL ACTIVITIES.— egon (Mr. WALDEN) and the gentle- ‘‘(B) The 3.5 miles of Black Butte River (1) IN GENERAL.—The Secretary of the Inte- woman from Guam (Ms. BORDALLO) from its confluence with Jumpoff Creek to rior shall continue to authorize, maintain, each will control 20 minutes. its confluence with Middle Eel River, as a and enhance the recreational use of the land The Chair recognizes the gentleman scenic river. included in the recreation area, including from Oregon. ‘‘(C) The 1.5 miles of Cold Creek from the motorized recreation, hiking, camping, Mendocino County Line to its confluence mountain biking, sightseeing, and horseback b 1545 with Black Butte River, as a wild river.’’. riding, as long as such recreational use is GENERAL LEAVE (b) PLAN; REPORT.— consistent with this section and other appli- (1) IN GENERAL.—Not later than 18 months Mr. WALDEN of Oregon. Madam cable law. Speaker, I ask unanimous consent that after the date of enactment of this Act, the (2) OFF-ROAD AND MOTORIZED RECREATION.— Secretary of Agriculture shall submit to Motorized recreation shall be a prescribed all Members may have 5 legislative Congress— use within the South Cow Mountain OHV days to revise and extend their re- (A) a fire management plan for the Black Management Area, occurring only on roads marks and include extraneous material Butte River segments designated by the and trails designated by the Secretary for on the bill under consideration. amendment made by subsection (a); and such use, except as needed for administrative The SPEAKER pro tempore. Is there (B) a report on the cultural and historic re- purposes or to respond to an emergency. objection to the request of the gen- sources within those segments. Nothing in this paragraph shall be construed tleman from Oregon? (2) TRANSMITTAL TO COUNTY.—The Sec- as precluding the Secretary from closing any retary of Agriculture shall transmit to the There was no objection. trail or route from use for purposes of re- Mr. WALDEN of Oregon. Madam Board of Supervisors of Mendocino County, source protection or public safety. California, a copy of the plan and report sub- (3) MOUNTAIN BIKING.—Mountain biking Speaker, I yield myself such time as I mitted under paragraph (1). shall be a prescribed use within the recre- may consume. SEC. 8. KING RANGE NATIONAL CONSERVATION ation area, occurring only on roads and H.R. 233, the Northern California AREA BOUNDARY ADJUSTMENT. trails designated by the Secretary for such Coastal Wild Heritage Wilderness Act, Section 9 of Public Law 91–476 (16 U.S.C. use. Nothing in this paragraph shall be con- was introduced by our colleague Con- 460y–8) is amended by adding at the end the strued as precluding the Secretary from clos- gressman MIKE THOMPSON at the begin- following: ing any trail or route from use for purposes ning of the 109th Congress. ‘‘(d) In addition to the land described in of resource protection or public safety. subsections (a) and (c), the land identified as Last July, the Resources Committee (e) ACCESS TO PRIVATE PROPERTY.—The the King Range National Conservation Area held a legislative hearing on this bill. Secretary of the Interior shall provide any Additions on the map entitled ‘King Range Though Mr. THOMPSON worked hard to owner of private property within the bound- Wilderness’ and dated November 12, 2004, is aries of the recreation area adequate access gain support for the bill, it was clear included in the Area.’’. to the property to ensure the reasonable use that some issues needed to be resolved SEC. 9. COW MOUNTAIN RECREATION AREA, and enjoyment of the property by the owner. before the bill could move forward. LAKE AND MENDOCINO COUNTIES, Since then, Chairman POMBO and Con- CALIFORNIA. (f) LAND ACQUISITION.— gressman THOMPSON have worked coop- (a) ESTABLISHMENT.—In order to enhance (1) ACQUISITION FROM WILLING PERSONS the recreational and scenic values of the Cow ONLY.—The Secretary of the Interior may ac- eratively to develop a compromise on Mountain area in Lake and Mendocino Coun- quire lands or interests in lands in the recre- H.R. 233. ties, California, while conserving the wildlife ation area only by— The changes in the bill include a re- and other natural resource values of the (A) donation; duction of approximately 11,000 acres of area, there is hereby established the Cow (B) exchange with a willing party, as ex- proposed wilderness in Del Norte Coun- Mountain Recreation Area (in this section pressed in a written agreement between the ty because of community concerns; re- referred to as the ‘‘recreation area’’) con- Secretary and the party; or (C) purchase from a willing seller, as ex- moving the Perkins Creek Trail por- sisting of approximately 51,513 acres of land tion of Cache Creek area to ensure that in such counties, as generally depicted on pressed in a written agreement between the the map entitled ‘‘Cow Mountain Recreation Secretary and the seller. mountain biking, which is prohibited Area’’ and dated July, 22, 2006, including the (2) ADMINISTRATION OF ACQUIRED LANDS.— in wilderness under the 1964 act, could following: Lands or interests in lands within or adja- continue; and eliminating nearly 6,500 (1) The ‘‘South Cow Mountain OHV Man- cent to the boundaries of the recreation area acres of proposed wilderness in the Mad agement Area’’, as generally depicted on the that are acquired by the Bureau of Land River Buttes area to make certain mo- map. Management, and title or possession of torized and mechanized recreation may (2) The ‘‘North Cow Mountain Recreation which is vested in the United States after the date of the enactment of this Act, shall continue in this important recreational Area’’, as generally depicted on the map. area. (b) LEGAL DESCRIPTIONS; CORRECTION OF be managed by the Secretary as part of the ERRORS.— recreation area. To ensure that not only wilderness (1) PREPARATION AND SUBMISSION.—As soon (g) ADJACENT MANAGEMENT.—Nothing in but also recreation was protected, the as practicable after the date of the enact- this section creates protective perimeters or bill codifies mountain bike and motor- ment of this Act, the Secretary of the Inte- buffer zones around the recreation area. ized recreation as a prescribed use in

VerDate Aug 31 2005 03:01 Jul 25, 2006 Jkt 049060 PO 00000 Frm 00064 Fmt 4634 Sfmt 0634 E:\CR\FM\A24JY7.039 H24JYPT1 jcorcoran on PROD1PC62 with HOUSE July 24, 2006 CONGRESSIONAL RECORD — HOUSE H5633 the 51,000-acre Cow Mountain Recre- trict, stakeholder meetings with people McClure in Del Norte County; Jim ation Area. Because of concerns about representing timber, hunting and fish- Wattenberger in Mendocino County; access to wilderness areas, the bill will ing, conservation, government, off-road John Wooley in Humboldt County; Ed also mandate that all cherry-stemmed vehicles, mountain bikes, businesses, Roby in Lake County; and Dianne Dil- roads will remain open and mountain farming. It is 5 years of exhaustive and lon in Napa County, and they are to be bike and motorized recreation access inclusive work. commended. Senator BOXER’s staff, will continue on these roads. These The result is the added protection to Jeffrey Rosato, and Senator FEIN- measures will ensure that the public 275,000 acres of the most beautiful and STEIN’s staff, Jon Watts, also worked will have a variety of recreational op- the most important landscapes in all of extremely hard. Leading this effort was tions on the public lands. California’s First Congressional Dis- Mark Kadesh from Senator FEINSTEIN’s Finally, the bill addresses a long- trict. It includes the famous King staff, who helped us so much. standing problem with surf fishing per- Ranch, which the Bush administration I want to thank Senator BOXER and mits on the beaches of Redwood Na- in testifying in committee on this Senator FEINSTEIN, who were the co- tional and State Park. When the Red- identified that particular portion as authors of this measure. Their bill wood National Park was created in being the crown jewel of our entire na- passed the Senate earlier this year 100– 1968, you may recall it was with the in- tional wilderness system. It is an abso- 0. They understand the importance of tent that surf fishing in the area would lutely spectacular area. this area, and they worked tirelessly to continue. Yet since then, many fishing This bill is also important in regard make sure that it was protected. permits have been canceled and will to the federally listed salmon and trout soon be completely phased out. This throughout my district. It will enhance Although we all worked for 5 years to bill will put a stop to the phase-out by the watersheds of the habitat areas of make sure that this happened, there continuing 27 fishing permits for smelt. these fish, and it will ensure a source was one person that really worked Surf fishing in this area is an impor- of clean and reliable water to ensure probably 6 or 7 years’ worth of time tant tradition within the community the continued improvement to these during that 5-year block, and that was and the continuation of these permits fisheries. Jonathan Birdsong on my staff. This will help to enhance a stagnant local Fire protection was an issue on this was just outstanding work by him. He economy. bill, and we went out of our way to did a great job, and I want to publicly On behalf of full Resources Com- make sure that we protected the land thank him on the floor. mittee Chairman Richard Pombo, I managers’ ability to fight fire and to Madam Speaker, this is a great bill. want to thank Congressman THOMPSON use pre-suppression measures to ensure It is carefully crafted to take all inter- for his willingness to work with the that we minimized the likelihood of ests into consideration, and I humbly committee to make this wilderness bill wildland fires. ask for your ‘‘aye’’ vote in support of a bipartisan and broadly supported Also road access was an issue, and this measure. piece of legislation, and I urge my col- my friend Mr. WALDEN from Oregon Ms. BORDALLO. Madam Speaker, I leagues to support this balanced and talked about the cherry-stemmed yield myself such time as I may con- bipartisan measure. roads. We went out of our way to make sume. Madam Speaker, I reserve the bal- sure not a single legal road existing Again, I want to say that we support ance of my time. today will be closed by this bill. Moun- Ms. BORDALLO. Madam Speaker, I tain bikes and the off-road vehicle H.R. 233, and I want to at this time yield myself such time as I may con- community raised some concerns, and take the opportunity to thank my col- sume. we dealt with those. In regard to the league from Oregon, Mr. WALDEN. It (Ms. BORDALLO asked and was mountain bikers, we created an area has been a pleasure to manage these given permission to revise and extend adjacent to the King Ranch area that bills today with him. her remarks.) the local newspaper, the Eureka Times Madam Speaker, we have no further Ms. BORDALLO. Madam Speaker, Standard, called a world-class moun- speakers, and I yield back my time. the majority has already explained the tain bike trail system that will give Mr. WALDEN of Oregon. Madam purpose of H.R. 233, which was intro- them more bicycling opportunities Speaker, I yield myself such time as I duced by my colleague from California, than they had before. may consume. Representative MIKE THOMPSON. The As mentioned, we put in place protec- Madam Speaker, I thank the gentle- gentleman is to be commended for his tions for the Cow Mountain area, where woman for that very kind comment. It efforts to preserve the wild lands of his off-road vehicle users and mountain has been a pleasure to work these Northern California district. He has bikers ride today. We protected their through the floor with you as well. worked diligently with Federal, State, rights to do so in perpetuity on this and local interests to preserve and en- 79,000-acre portion of property that is I want to commend my colleagues hance the wilderness experience. so important to them. from California, especially Mr. THOMP- Madam Speaker, overall, we support This is a collaborative effort where SON, who I know has passionately been H.R. 233, and we recommend its adop- all the stakeholders have come in, and trying to move this legislation for- tion by the House today. we worked in an unprecedented manner ward, and his work with Chairman Madam Speaker, I yield such time as to make sure that this bill is the right POMBO has brought about a bill that we he may consume to the gentleman bill for this property. all can support. from Northern California (Mr. THOMP- It wouldn’t have happened had it not Madam Speaker, with that, I think SON), the sponsor of this legislation. been for the hard work of a lot of dedi- we have concluded our business on this Mr. THOMPSON of California. cated folks. I want to thank particu- bill and others from the Resources Madam Speaker, I thank the gentle- larly both the chairman and the rank- Committee. I yield back the balance of woman for yielding. ing member on the Resources Com- my time and call on my colleagues to Madam Speaker, this bill will protect mittee, who worked very, very hard, support this legislation. some of the most beautiful wilderness and their staffs that worked extremely The SPEAKER pro tempore. The area in my entire congressional dis- hard in making sure that this was a question is on the motion offered by trict. It is the product of over 5 years good measure. the gentleman from Oregon (Mr. WAL- of hard, grass-roots work. It represents There were outside interest groups DEN) that the House suspend the rules town hall meetings, I can’t tell you that worked. Ryan Henson from the and pass the bill, H.R. 233, as amended. how many town hall meetings, field California Wilderness Coalition stands tours with all the different stakeholder out amongst those who worked so hard The question was taken; and (two- groups, open debate, both in the House and knows this area so well. thirds having voted in favor thereof) and the committee, and the Senate, As was mentioned, this touches land the rules were suspended and the bill, both in the committee and on the floor, in just about every county in my dis- as amended, was passed. in city hall chambers and board of su- trict. Each county board had a spokes- A motion to reconsider was laid on pervisors chambers throughout my dis- person or a point person. It was Martha the table.

VerDate Aug 31 2005 03:01 Jul 25, 2006 Jkt 049060 PO 00000 Frm 00065 Fmt 4634 Sfmt 0634 E:\CR\FM\K24JY7.046 H24JYPT1 jcorcoran on PROD1PC62 with HOUSE H5634 CONGRESSIONAL RECORD — HOUSE July 24, 2006 PROVIDING GRANTS TO EXPAND Michigan (Mr. ROGERS) and the gen- What we have done is to take those INFRASTRUCTURE NECESSARY tleman from Tennessee (Mr. GORDON) CAFE fines, fines that they pay for not TO INCREASE AVAILABILITY OF each will control 20 minutes. meeting fuel economy standards of the ALTERNATIVE FUELS The Chair recognizes the gentleman United States, and roll it over and Mr. ROGERS of Michigan. Madam from Michigan. allow small loans to independent gas station owners all across the country Speaker, I move to suspend the rules GENERAL LEAVE Mr. ROGERS of Michigan. Madam to install ethanol pumps. and pass the bill (H.R. 5534) to establish We think that this can double the a grant program whereby moneys col- Speaker, I ask unanimous consent that all members may have 5 legislative number of ethanol pumps next year lected from violations of the corporate and start to fuel the fire for private in- average fuel economy program are used days within which to revise and extend their remarks on this legislation and vestment in ethanol all across the to expand infrastructure necessary to United States and meet a demand from increase the availability of alternative to insert extraneous material on the bill. 5 million current users and 2 million fuels, as amended. future units from Ford, Chrysler, and The Clerk read as follows: The SPEAKER pro tempore. Is there objection to the request of the gen- General Motors cars all across this H.R. 5534 tleman from Michigan? great country. Be it enacted by the Senate and House of Rep- There was no objection. The one thing that we have figured resentatives of the United States of America in Mr. ROGERS of Michigan. Madam out in this whole process, there is a Congress assembled, Speaker, I yield myself such time as I great researcher at Michigan State SECTION 1. FUEL ECONOMY FUND AND ALTER- may consume. University, Dr. Bruce Dale, who be- NATIVE FUEL GRANT PROGRAM. lieves that within 5 to 6 years with his (a) ESTABLISHMENT OF FUND.— Madam Speaker, many thanks to the staff of the Energy and Commerce continuing cellulosic research and (1) IN GENERAL.—There is established in the other things, there can be an ethanol Committee, and Mr. BOUCHER as well, Treasury a Fuel Economy Fund (hereinafter product at the pump for $1.25 a gallon. in this Act referred to as the ‘‘Fund’’) con- who helped and assisted along the way, sisting of amounts transferred to the Fund $1.25 a gallon. and Mr. FOSSELLA from New York for That is an economy built entirely on under paragraph (2) and amounts credited to helping put this legislation together. I the Fund under paragraph (3). the energy of the United States. We are can’t tell you how timely it is. going to build the refineries here that (2) TRANSFER OF AMOUNTS.—For fiscal year Every day, Americans must fill up 2007, and each fiscal year thereafter, the Sec- refine the ethanol product. We are retary of the Treasury shall, subject to the their cars with gasoline that comes going to transport that fuel to the availability of funds provided in advance in from some of the most unstable regions pumps all across America and we are appropriations Acts, transfer to the Fund an of the world. American dollars flow to going to produce those cars right here amount determined by the Secretary to be dictators, despots, and committed en- in the United States. equal to the total amount deposited in the emies of the United States, Hugo Cha- general fund of the Treasury in the preceding vez of Venezuela, Ahmadinejad of Iran b 1600 fiscal year from fines, penalties, and other and Obasanjo of Nigeria. However, we It is good for the environment. And it moneys obtained through enforcement ac- do have other options, and that is the is good for reducing our demand on for- tions conducted pursuant to section 32912 of exciting news. eign oil. title 49, United States Code, including mon- Madam Speaker, I think this is long eys obtained under consent decrees. Today, nearly 5 million Americans (3) INVESTMENT OF AMOUNTS.—The Sec- drive flex-fuel vehicles. These cars are overdue. The science of this is so excit- retary of the Treasury shall invest in inter- capable of running on gasoline or re- ing. We are right on the edge of turning est-bearing obligations of the United States newable fuels, like E–85, which is 85 the corner, not only from corn-based, such portion of the Fund as is not, in the percent ethanol; and that number is but from switch grass and other things. Secretary’s judgment, required to meet cur- growing. It is all right here. This is just part of rent withdrawals. Such obligations shall be Currently, Ford, General Motors and that three-legged stool. It is the re- acquired and sold and interest on, and the Daimler Chrysler are in the process of search and development. proceeds from the sale or redemption of, It is the ability, as we passed not so such obligations shall be credited to the announcing that they would be soon producing 2 million flex-fuel vehicles long ago, the energy bill that gave in- Fund in accordance with the requirements of centives for more ethanol refineries all section 9602 of the Internal Revenue Code of annually. The fastest way to reduce across the country of some 93, four 1986. our dependence on foreign oil is to being built in Michigan, being built all (4) USE OF AMOUNTS IN THE FUND.—Amounts make ethanol, the fuel that is grown over the United States is starting to in the Fund shall be made available, subject right here in the United States, avail- to the availability of funds provided in ad- catch on. able to Americans all across the coun- The last leg of that stool to make vance in appropriations Acts, to the Sec- try. retary of Energy to carry out the grant pro- this successful is distribution. And this gram described in subsection (b). Unfortunately, renewable-fuels infra- is that kick-start that we so des- (b) ALTERNATIVE FUELS EXPANSION GRANT structure has not kept pace with the perately need. Again, Madam Speaker, PROGRAM.— number of renewable-fueled cars on the we think this is an important bill at an (1) IN GENERAL.—The Secretary of Energy road. Today, only 600 or so gasolines important time in our history. We can shall, through the Clean Cities Program of have E–85 pumps installed, consisting see the conflicts around the world, how the Department of Energy, carry out a grant of less than 1 percent of all gas sta- program to expand the availability to con- it draws us in to some of the worst gov- tions. In fact, only 34 States even have ernments the world has to offer. sumers of alternative fuels. A grant awarded E–85 pumps available to the motoring under this section shall not exceed $30,000. This is our chance in America to public. (2) ELIGIBILITY.—Any entity that is eligible stand up for our American farmers, for for assistance through the Clean Cities Pro- We have come up with a good solu- our ingenuity, for our ability to gram may be eligible for a grant under this tion for that, a kick-start, if you will, produce clean burning fuel for the cars section, except that no large, vertically inte- to the ethanol revolution that is about that we use in this wheeled economy of grated oil company may be eligible for a to take hold of America. Remember ours. We can move forward through in- grant under this section. No entity may be our choices are this, Madam Speaker: novation. This bill is that kick start awarded grants totaling more than $60,000 in we can send that money to an Iranian that is so desperately needed to do it. any fiscal year. ayatollah, or we can send our fuel Madam Speaker, these grants will be (3) USE OF GRANT FUNDS.—Grants provided under this section shall be used for the con- money to an American farmer. Today, for no more than $30,000 to $60,000 per struction or expansion of infrastructure nec- we start that process of allowing con- business for the purpose of expanding essary to increase the availability to con- sumers to make a good choice and send the availability of alternative fuel in- sumers of alternative fuels (as defined in sec- it to an American farmer. frastructure. There is no new program tion 32901(a)(1) of title 49, United States Each year, there are automobile com- here. That is really important. We did Code). Not more than 3 percent of grant panies who pay fines because they are not create a new program to do this. funds may be used for administrative costs. not in compliance with CAFE stand- This is part of the Clean Cities Pro- The SPEAKER pro tempore. Pursu- ards in the United States, and those gram. We just redirected their purpose ant to the rule, the gentleman from fines come to the general treasury. a little bit.

VerDate Aug 31 2005 03:01 Jul 25, 2006 Jkt 049060 PO 00000 Frm 00066 Fmt 4634 Sfmt 0634 E:\CR\FM\K24JY7.048 H24JYPT1 jcorcoran on PROD1PC62 with HOUSE July 24, 2006 CONGRESSIONAL RECORD — HOUSE H5635 Madam Speaker, there are no tax- ministration’s Michoud Assembly Fa- GENERAL LEAVE payer dollars involved. All of the cility, the ‘‘Michoud Hurricane Ride- Mr. BOEHLERT. Madam Speaker, I money involved is by the fines paid. In Out Team’’, who risked their lives dur- ask unanimous consent that all Mem- addition, Madam Speaker, in an e-mail ing Hurricane Katrina’s assault on bers may have 5 legislative days to re- received by the Congressional Budget southeast Louisiana, and kept the gen- vise and extend their remarks and to Office dated July 19, 2006, it states that erators and pumps running to protect include extraneous material on H. Res. ‘‘this would not affect direct spending; the facilities and flight hardware, and 892, as amended, the resolution now in other words, it has no cost.’’ whose dedication kept the Michoud As- under consideration. Madam Speaker, I urge the quick sembly Facility an island of dry land, The SPEAKER pro tempore. Is there passage of this bill as we move to the which made it possible to resume Ex- objection to the request of the gen- next phase of how we operate our ternal Tank production less than 5 tleman from New York? motor vehicles all across this great weeks after the storm passed, as There was no objection. country, and how we reduce our de- amended. Mr. BOEHLERT. Madam Speaker, I pendence on foreign oil. The Clerk read as follows: yield myself such time as I may con- Madam Speaker, I reserve the bal- H. RES. 892 sume. ance of my time. Whereas the Michoud Assembly Facility Madam Speaker, I rise today in sup- Mr. GORDON. Madam Speaker, I plays a vital role in the United States port of H. Res. 892, as amended, which yield myself such time as I may con- manned space flight program, including pro- recognizes the dedicated employees of sume. duction of the Shuttle External Tank, a vital NASA’s Michoud Assembly Facility, Madam Speaker, even small efforts component of the Shuttle program; the Michoud Hurricane Ride-Out Team. Whereas the 38 members of the ‘‘Michoud Knowing full well the potential for dis- to improve the availability of E–85 fuel Hurricane Ride-Out Team’’ who stayed be- across the Nation is a step in the right hind during Hurricane Katrina risked their aster and the impending danger they direction for reducing our dependency lives in dedication to the space program and faced as Hurricane Katrina bore down on foreign oil. There are nearly 5 mil- faced down one of the greatest natural disas- on the gulf coast, 38 dedicated and he- lion vehicles on the road today capable ters in this Nation’s history, at great per- roic individuals put themselves in of operating on E–85, a blend of 15 per- sonal risk; and harm’s way to save the Michoud As- cent gasoline and 85 percent ethanol. Whereas, if not for the dedication of this sembly Facility which is of vital im- Yet there are currently only 600 gas team, the Michoud facility would have suf- portance to our Nation’s civil space fered a great loss of National Aeronautics program. stations with E–85 pumps available. and Space Administration assets and tech- That means less than 1 percent of gas nology, which would have severely limited Located just 15 miles from New Orle- stations offer consumers the oppor- the National Aeronautics and Space Admin- ans’ French Quarter, this facility is tunity to use this alternative fuel in istration’s mission: Now, therefore, be it where NASA constructs the space shut- their vehicles. Resolved, That the House of Representa- tle’s external tanks. Before the shuttle, In 2004, CAFE penalties totaled near- tives commends the dedication of the 38 this facility was where NASA manufac- ly $20 million. The legislation before us members of the ‘‘Michoud Hurricane Ride- tured the gargantuan tanks on the Sat- Out Team’’ who stayed behind at the Na- urn rocket that took us to the moon, would divert these funds into a grant tional Aeronautics and Space Administra- program for independent gas stations. tion’s Michoud Assembly Facility and pro- and in the future, NASA plans to use These grants will be used to install tected vital program assets, which enabled the facility to construct the rockets pumps and other infrastructure nec- the facility to resume production of the that will return us to the moon. essary to dispense E–85. Shuttle External Tank within 5 weeks of These brave 38 individuals risked life Madam Speaker, while there is more Hurricane Katrina’s landfall, including Ron- and limb to protect this valuable facil- work to be done on this matter, this ald L. Adams, Jr. of New Orleans, LA, Joseph ity that ensures our Nation’s pre- Charles Barrett of Metairie, LA, Donald K. eminence in space. Facing 178 mile-per- legislation is a small step in the right Bollich of Metairie, LA, Frederick H. Castle direction. I urge its passage. of Bay Saint Louis, MS, Daniel Alvine Doell hour winds that ripped large chunks of Madam Speaker, I yield back the bal- of Terrytown, LA, John Lee Fisher of Slidell, surrounding buildings clean off, the in- ance of my time. LA, James E. Ford II of Madisonville, LA, trepid ride-out team kept to its motto, Mr. ROGERS of Michigan. Madam Stephen Lynn Francis of New Orleans, LA, ‘‘not on our watch.’’ Speaker, I yield back the balance of Monroe Lewis Frazier Jr. of Harvey, LA, Er- By keeping generators and water my time. nest Graham of Picayune, MS, William Carl pumps running throughout the storm, The SPEAKER pro tempore. The Hale III of Slidell, LA, Willie Frederick Hen- they managed to prevent the facility derson III of New Orleans, LA, Simmie Paul from flooding and preserved important question is on the motion offered by Herrin of Slidell, LA, Royal Kenneth Holland the gentleman from Michigan (Mr. of New Orleans, LA, Guy Mitchell Jackson of flight hardware that has kept the space ROGERS) that the House suspend the Chalmette, LA, Ivory Jordan, Jr. of program on track. Because of the ride- rules and pass the bill, H.R. 5534, as Lacombe, LA, Joe E. Kennedy of Pearl River, out team’s efforts, the facility was up amended. LA, Donald P. Leon Jr. of New Orleans, LA, and running only 5 weeks after the The question was taken. Michael Wilson Moore of Metairie, LA, Daryl storm had passed. All of us watched the The SPEAKER pro tempore. In the Ordes of Pearlington, MS, Michael A. Par- drama unfolding on television. opinion of the Chair, two-thirds of quet of Slidell, LA, John Melvin Pucheu of After just 3 months, nearly all of the Waveland, MS, George Elson Rogers, Sr. of those present have voted in the affirm- Kenner, LA, Steven L. Roshto Jr. of Slidell, 2,000 employees had returned to the fa- ative. LA, Alan J. Rovira of New Orleans, LA, Joan cility despite the fact that 600 of them Mr. HENSARLING. Mr. Speaker, on B. Savoy of Saint Bernard, LA, Vickie Ann had lost their own homes. that I demand the yeas and nays. Schmersahl of Slidell, LA, Patrick Shawn By saving the facility and returning The yeas and nays were ordered. Shea of Mandeville, LA, Henry Peter Sissac it to operation as quickly as they did, The SPEAKER pro tempore. Pursu- Jr. of New Orleans, LA, Aline H. Sullwold of they were able to get to work right ant to clause 8 of rule XX and the Picayune, MS, Steve Thompson of Hunts- away on the external tank modifica- ville, AL, Richard Leowen Treat of Pica- tions necessary for the second return Chair’s prior announcement, further yune, MS, Stephen Avery Turner of Slidell, proceedings on this question will be LA, Byran Dale Walker of Picayune, MS, Ed- to flight mission that took place suc- postponed. ward Perry Watts Jr. of Metairie, LA, Ro- cessfully, I might proudly boast, this f land C. Williams of New Orleans, LA, Terry month. Michael Winchester of Slidell, LA, and Mal- Many of these individuals have right- RECOGNIZING EMPLOYEES AT colm Wayne Wood of Picayune, MS. ly earned NASA’s exceptional bravery NASA’S MICHOUD ASSEMBLY FA- The SPEAKER pro tempore. Pursu- medal from NASA Administrator Mi- CILITY ant to the rule, the gentleman from chael Griffin, but they are also worthy Mr. BOEHLERT. Madam Speaker, I New York (Mr. BOEHLERT) and the gen- of the House’s commendation as well. move to suspend the rules and agree to tleman from Tennessee (Mr. GORDON) So it is with a great deal of pride in the resolution (H. Res. 892) recognizing each will control 20 minutes. these dedicated Federal employees, the dedication of the employees at the The Chair recognizes the gentleman who had so much on the line, not just National Aeronautics and Space Ad- from New York. in their careers, but in their personal

VerDate Aug 31 2005 03:40 Jul 25, 2006 Jkt 049060 PO 00000 Frm 00067 Fmt 4634 Sfmt 0634 E:\CR\FM\K24JY7.050 H24JYPT1 jcorcoran on PROD1PC62 with HOUSE H5636 CONGRESSIONAL RECORD — HOUSE July 24, 2006 lives, that I rise in support of this heed Martin, and members of the New Orle- the gentleman from New York (Mr. much overdue resolution, because as ans Fire Department who made up this team BOEHLERT) that the House suspend the Administrator Michael Griffin stated exhibited uncommon bravery and dedication. rules and agree to the resolution, H. earlier this year, ‘‘not all of NASA’s Cut off from the surrounding area due to road- Res. 892, as amended. heroes fly in space.’’ way flooding, they remained on-site despite The question was taken; and (two- Madam Speaker, these heroes have the lack of electricity and severely limited com- thirds having voted in favor thereof) their feet rooted solidly on the ground munications. These individuals willingly stayed the rules were suspended and the reso- and work so hard to do so much for so on the facility in the face of the approaching lution, as amended, was agreed to. many. I proudly salute them. storm and operated the pumps and generators A motion to reconsider was laid on Madam Speaker, I reserve the bal- that kept the facility dry. the table. ance of my time. As a result of the team’s commitment, dam- Mr. GORDON. Madam Speaker, I age to the facility and the external tanks and f yield myself such time as I might con- hardware they produce was minimal. Within 5 b 1615 sume. weeks, the Michoud Assembly Facility was re- First, Madam Speaker, let me point suming production operations. I would like to HONORING THE NATIONAL ASSO- out this resolution before us today is thank the members of the team once again for CIATION OF STATE VETERANS because of the hard work of Represent- their courage. The nation is grateful for the HOMES ative MELANCON from Louisiana. I contributions they have made to the space Mr. BRADLEY of New Hampshire. thank our chairman for his help in program. Madam Speaker, I move to suspend the bringing this before us today. Mr. CALVERT. Madam Speaker, I rise in rules and agree to the concurrent reso- Madam Speaker, I want to speak in support of H. Res. 892, which recognizes the lution (H. Con. Res. 347) honoring the dedication of the employees at the National strong support of House Resolution 892, National Association of State Veterans Aeronautics and Space Administration, NASA, a resolution honoring the dedication of Homes and the 119 State veterans Michoud Assembly Facility. The end of next the employees of NASA’s Michoud As- homes providing long-term care to vet- month is the anniversary of Hurricane sembly Facility who stayed at their erans that are represented by that as- Katrina’s landfall on our Gulf coast. Today we post during Hurricane Katrina, and sociation for their contributions to the celebrate the bravery exhibited by the protected critical space program as- health care of veterans and the health- ‘‘Michoud Hurricane Ride-out Team,’’ which sets. care system of the Nation. saved not only the facility, but also our Na- Madam Speaker, as you know, during The Clerk read as follows: late August of last year, Hurricane tion’s manned space program. H. CON. RES. 347 Katrina severely assaulted Southeast Last week, both Houses of Congress Louisiana and the Mississippi coast, re- passed H. Con. Res. 448, which commended Whereas the National Association of State the men and women of NASA, the crew of the Veterans Homes was established in 1954 by a sulting in massive damage and the group of administrators of State veterans evacuation of large numbers of citi- Space Shuttle Discovery, and NASA Adminis- trator Mike Griffin for the successful conclu- homes to represent the interests of those zens. homes in a unified voice before Congress and Yet, in the midst of the storm, there sion of the second return to flight test mis- the Executive Branch; were countless examples of heroism. sion—STS–121. This would not have been Whereas the National Association of State One example is the way in which 38 possible without the 38 brave members of the Veterans Homes functions on an all-volun- members of the Michoud Hurricane Michoud Ride-out Team. Many of the mem- teer basis and focuses on endeavors that im- Ride-out Team stayed and protected bers of this team lost their homes and did not prove the conditions of care furnished to vet- erans by State veterans homes, elevate and the NASA Michoud Assembly Facility know the fate of their families until days after the Hurricane. They risked their lives manning monitor the qualifications for managers of instead of fleeing the area. such homes, and provide continuing edu- These people deserve our thanks and generators and pumps at the Michoud Facility to protect the Shuttle’s external tank program cation standards for staff who provide care praise for their dedication to pre- to veterans in State veterans homes; serving the Michoud Assembly Facility and, hence, the future of the manned space Whereas the National Association of State during the hurricane’s passage through program. Veterans Homes has been and continues to Despite the facility’s proximity to the center the region. By risking their own lives, be in the forefront of developing and sup- of the hurricane’s destructive path, only one they assured that Michoud was pre- porting new methods and models for pro- external tank was damaged when a concrete served as a vital facility in spite of the viding long-term care services to elderly vet- panel fell and bounced off the side of the tank. erans, such as hospice care, respite care, Alz- devastation wrought by Katrina. Despite the extensive damage to the 832-acre heimer’s care, and adult day health care; During the hurricane, members of facility and the entire surrounding area, the Whereas State veterans homes, which pro- the ride-out team were able to keep the Ride-out team exhibited the bravery and the vide long-term care to thousands of veterans, generators running, keep the pumps were established initially in the States of pride for the importance of the space program going, and protect the facilities and Connecticut, Kansas, Ohio, and Maine in 1868 not only to our Nation, but also to the area in flight hardware that were entrusted to to house, feed, and care for thousands of Louisiana. homeless, wounded, and permanently scarred them. In addition, they were able to In September, as Chairman of the House successfully ensure that the water Union soldiers and thus have been in exist- Space and Aeronautics Subcommittee, I am ence since before the establishment of the from Hurricane Katrina did not over- planning to travel to both the Michoud Assem- Department of Veterans Affairs, the earlier run Michoud. bly Facility in Louisiana and the Stennis Space Veterans’ Administration, and its prede- Madam Speaker, due to the team’s Center in Mississippi. I am looking forward to cessor agencies; skill, knowledge, and most impor- meeting some of these brave individuals, both Whereas in 1888 Congress authorized the tantly, their dedication, Michoud’s ex- at Michoud and at Stennis. Since I became Federal payment of a daily allowance of 20¢ for the care of each former soldier or sailor ternal tank production for the space the Chairman of this Subcommittee in 2005, I shuttle program was able to resume in a State home-hospital, an allowance that have visited 7 of NASA’s 10 facilities around continues today in the form of a per diem less than 5 weeks after the storm. the country. I am looking forward to visiting Madam Speaker, I think it is only grant program administered by the Depart- and to learning even more of the importance ment of Veterans Affairs that is authorized fitting and proper that we honor these of these NASA centers to our Nation’s space to provide up to 50 percent of the average brave individuals for their heroic program. Today, I want to extend thanks and daily cost of care, but currently provides deeds, and I, once again, thank Rep- gratitude from the American people for the only approximately 30 percent; resentative MELANCON for bringing this outstanding work of these brave individuals at Whereas the Department of Veterans Af- before us. I strongly urge passage of both the Michoud Assembly Facility and at the fairs further participates in the care of vet- erans in State homes with a matching grant House Resolution 892. Stennis Space Center. Mr. JEFFERSON. Madam Speaker, I rise program to support construction and major Mr. GORDON. Madam Speaker, I renovation projects to sustain those homes today to commend the members of the yield back the balance of my time. and build towards sufficient levels of avail- ‘‘Michoud Hurricane Ride-Out Team’’ for their Mr. BOEHLERT. Madam Speaker, I able, high-quality health care; extraordinary efforts to protect NASA’s yield back the balance of my time. Whereas the State veterans homes offer Michaud Assembly Facility in the face of Hurri- The SPEAKER pro tempore. The long-term services to eligible veterans in cane Katrina. The employees of NASA, Lock- question is on the motion offered by need of such services on certification of the

VerDate Aug 31 2005 03:40 Jul 25, 2006 Jkt 049060 PO 00000 Frm 00068 Fmt 4634 Sfmt 0634 E:\CR\FM\K24JY7.052 H24JYPT1 jcorcoran on PROD1PC62 with HOUSE July 24, 2006 CONGRESSIONAL RECORD — HOUSE H5637 Department of Veterans Affairs at 119 facili- eling and could not be here to partici- tions that we will continue the per ties in 47 states and the Commonwealth of pate in this debate. diem support of the State homes. Puerto Rico; Madam Speaker, I rise in support of Madam Speaker, this is a good resolu- Whereas the States determine the alloca- H. Con. Res. 347, which honors the Na- tion, and I urge my colleagues to give tion of nursing home beds in individual fa- cilities, and establish the eligibility of vet- tional Association of State Veterans it their support. erans and their dependents to occupy those Homes and the 119 State veteran homes Madam Speaker, I reserve the bal- beds, following Federal guidelines; providing long-term care to veterans ance of my time. Whereas within the limits of their capac- that are represented by the association Mr. BRADLEY of New Hampshire. ities, the State veterans homes provide care for their contributions. The National Madam Speaker, I would like to thank for over 27,500 veterans each day, accounting Association of State Veterans Homes Chairman BUYER and Ranking Member for more than 50 percent of the total na- functions on an all-volunteer basis to EVANS of the Veterans’ Affairs Com- tional long-term care bed capacity for vet- improve the conditions of care fur- mittee for bringing this legislation to erans, thereby sharing the enormous respon- the floor. And, as I indicated pre- sibility of caring for veterans with the De- nished by State veterans homes and is partment of Veterans Affairs in an admirable at the forefront of developing new viously, I would also like to thank my partnership; methods for providing long-term care friend and colleague, Mr. SIMMONS, the Whereas State veterans homes provide services to our elderly veterans. sponsor of the bill, for introducing this quality care for elderly and disabled vet- The Department of Veterans Affairs legislation. erans at an average daily cost that is signifi- now provides State veterans homes Madam Speaker, I urge my col- cantly less than nursing homes operated by with a per diem grant program which leagues to unanimously support H. the Department of Veterans Affairs; provides approximately 30 percent of Con. Res. 347. Whereas the number of elderly veterans, the average cost of daily care, in addi- I have no further requests for time, particularly those over age 85, continues to rise and the need for long-term care services tion to a grant program to support con- and I yield back the balance of my for those veterans will continue to rise in struction and major renovation time. the coming years; and projects. State veterans homes provide Mr. SIMMONS. Madam Speaker, I rise Whereas the Nation’s State veterans more than 50 percent of the total na- today to honor the National Association of homes continue to achieve their purpose of tional long-term care bed capacity for State Veterans Homes (NASVH) and the 119 improving and sustaining the health of elder- veterans at an average daily cost that state-veterans’ homes they represent for their ly, sick, and severely disabled veterans by is significantly less than nursing contributions to caring for our Nation’s military assuring access to affordable nursing care in homes operated by the Department of veterans. settings that provide personal dignity to The State Veterans’ Home program is a truly deserving veterans, often at the end of Veterans Affairs. As the number of el- lives spent in service to the Nation: Now, derly veterans rises, State veterans partnership between the Federal Government therefore, be it homes continue to improve and sustain and the States that provides the bulk of VA- Resolved by the House of Representatives (the their health by assuring access to af- supported long term care services to veterans Senate concurring), That Congress— fordable and quality nursing care. and their families. I have seen firsthand the (1) honors the National Association of Madam Speaker, I reserve the bal- importance of this partnership and the quality State Veterans Homes and the 119 State vet- ance of my time. of services that State homes provide because erans homes providing long-term care to vet- Mr. SALAZAR. Madam Speaker, I I am privileged to have one of these homes in erans that are represented by that associa- tion for their significant contributions to yield myself such time as I may con- my State of Connecticut, at Rocky Hill. the health care of veterans and to the health sume. Connecticut’s first veterans’ home was care system of the Nation; (Mr. SALAZAR asked and was given founded on July 4, 1864, and was known as (2) commends the thousands of individuals permission to revise and extend his re- Fitch’s Home for Soldiers and Their Orphans. who work in, or on behalf of, State veterans marks.) Benjamin Fitch, a philanthropist from Darien, homes for their contributions in caring for Mr. SALAZAR. Madam Speaker, I established the home for Civil War veterans elderly and disabled veterans; want to thank Representative SIMMONS and for children whose fathers were killed in (3) recognizes the importance of the part- for introducing House Concurrent Res- that war. The complex of buildings included a nership between the States and the Depart- olution 347. This resolution honors the hospital, chapel, library, residence hall, and ment of Veterans Affairs in providing long- term care to veterans; and National Association of Veterans administrative facilities. At the time, it rep- (4) affirms the support of Congress for con- Homes and the 119 State veterans resented one of the Nation’s earliest commit- tinuation of the State homes program to ad- homes across this great country. ments to our veterans. From 1864 to 1940 the dress the known and anticipated needs of the State veterans homes are essential to Fitch Home served the needs of hundreds of Nation’s veterans for institutional long-term the continuum of care for our aged and orphans and thousands of men who served care services. disabled veterans. In the upcoming their country in various wars. The Fitch home The SPEAKER pro tempore. Pursu- years, State veterans homes will play became the Connecticut State Veterans hos- ant to the rule, the gentleman from an even greater role in providing elder- pital in 1940 and relocated to its current loca- New Hampshire (Mr. BRADLEY) and the ly and disabled veterans with dignified tion in Rocky Hill. gentleman from Colorado (Mr. and compassionate care because our Today, 476 veterans ages 23 to 95, rep- SALAZAR) each will control 20 minutes. veteran population is aging. Nation- resenting all major U.S. conflicts dating back The Chair recognizes the gentleman wide, the number of veterans most in to World War II, are residents at Rocky Hill. from New Hampshire. need of long-term care, those 85 years Recently, Rocky Hill received a nearly $22 mil- GENERAL LEAVE and older, will jump to 1.3 million by lion grant from the Department of Veterans Af- Mr. BRADLEY of New Hampshire. the year 2012. fairs to construct a new State veterans care Madam Speaker, I ask unanimous con- State homes represent more than a facility and to make infrastructure improve- sent that all Members may have 5 leg- century-old State-Federal partnership ments at the campus. I am proud of Rocky islative days in which to revise and ex- that has greatly benefited our parents Hill’s long history of providing quality long-term tend their remarks and include extra- and their families. Colorado is home to care services for our veterans and I am neous material on H. Con. Res. 347. six of these facilities. I have been for- pleased with the government’s commitment to The SPEAKER pro tempore. Is there tunate enough to visit five of them, supporting their efforts. objection to the request of the gen- and I have seen the fantastic care that Rocky Hill is just one example of the 119 tleman from New Hampshire? they provide firsthand. I am particu- State-operated veterans’ homes located There was no objection. larly proud of the Colorado State vet- across the country. These homes provide Mr. BRADLEY of New Hampshire. erans center at Homelake and Monte nursing home care in 114 locations, domi- Madam Speaker, I yield myself such Vista, Colorado. It has been caring for ciliary care in 52 locations, and hospital-type time as I may consume. Colorado veterans and their families care in five of their homes. Combined, the I want to begin by thanking my col- for over 110 years. State veterans’ homes presently provide over league and friend from Colorado for his Madam Speaker, this resolution rein- 27,500 resident beds for veterans, of which work in support of this legislation and forces Congress’s strong bipartisan sup- more than 21,000 are nursing home beds. also thank my colleague and friend Mr. port for the State homes, and it sends This resolution not only recognizes the SIMMONS from Connecticut who is trav- a signal to this and future administra- value of State veterans’ homes, but also the

VerDate Aug 31 2005 03:40 Jul 25, 2006 Jkt 049060 PO 00000 Frm 00069 Fmt 4634 Sfmt 9920 E:\CR\FM\A24JY7.037 H24JYPT1 jcorcoran on PROD1PC62 with HOUSE H5638 CONGRESSIONAL RECORD — HOUSE July 24, 2006 critical role of those people who represent and erans they serve. That is why I worked so Whereas the Department of Veterans Af- staff the homes. In 1954, administrators and hard in helping the State obtain a $22 million fairs, the Department of Labor, the Office of senior staff of State veterans’ homes around grant from the Department of Veterans Affairs’ Personnel Management, and many State and local governments administer veterans pro- the country joined together to form an all-vol- State Home Program to fund the first new grams and have veterans employment rep- unteer, non-profit organization to promote the construction on the Rocky Hill campus in near- resentatives both to ensure that veterans re- common interests of the homes and the elder- ly 65 years. This funding will be used to build ceive the services to which they are entitled ly, disabled veterans that they serve. The or- a new state of the art facility with five new res- and to promote employer interest in hiring ganization, the National Association of State idential wards, a 25-bed Alzheimer’s unit, a veterans: Now, therefore, be it Veterans Homes, has been and continues to hospice facility, and an occupational and phys- Resolved by the House of Representatives (the be in the forefront of developing and sup- ical therapy department. In addition to improv- Senate concurring), That Congress— porting new methods and models for providing ing service for current residents and veterans, (1) recognizes the importance of the men and women who have served or who cur- long term care services to elderly veterans, this new facility is especially important as rently serve in the Armed Forces of the such as hospice care, respite care, Alz- more soldiers in need of medical and mental United States; heimer’s care, and adult day health care. I health treatment return home each day from (2) supports the designation of an appro- commend the organization for their strong operations in Afghanistan and Iraq. priate week as ‘‘Hire a Veteran Week’’; and commitment to ensuring that State homes re- Our veterans have given so much to our (3) encourages the President to issue a ceive the tools they need to provide the best Nation and they deserve the highest quality of proclamation calling upon employers, labor care possible for America’s heroes. care in return for their service. Even after 140 organizations, veterans service organiza- I would also like to commend and thank all years, the Connecticut State Veterans Home tions, and Federal, State, and local govern- of the individuals who work in the State homes mental agencies (including such agencies in remains an essential component of our long- the several States, the District of Columbia, system for providing such a vital service to term veterans’ care and helps fulfill the prom- the Commonwealth of Puerto Rico, and any those men and women who have worn the ise of quality care for those who have proudly other territory or possession of the United uniform of our Nation. I believe the work that served our country. I look forward to con- States) to lend their support to increase em- these individuals do helps us fulfill the promise tinuing to work closely with our State Commis- ployment of the men and women who have laid out long ago by President Lincoln, ‘‘to sioner of Veterans Affairs, Dr. Linda Schwartz, served in the Armed Forces of the United care for him who shall have borne the battle, and her staff to ensure that they have the re- States. and for his widow and his orphan.’’ They have sources they need to serve the veterans of The SPEAKER pro tempore. Pursu- dedicated themselves to provide the best care our State and our Nation. ant to the rule, the gentleman from possible for our elderly and disabled veterans, Mr. SALAZAR. Madam Speaker, I New Hampshire (Mr. BRADLEY) and the and we in Congress must equally dedicate would like to thank my colleague from gentleman from Colorado (Mr. ourselves to ensure that they continue to re- New Hampshire (Mr. BRADLEY). I have SALAZAR) each will control 20 minutes. ceive sufficient support and resources from no further requests for time, and I The Chair recognizes the gentleman the Department of Veterans Affairs to maintain yield back the balance of my time. from New Hampshire. that quality of care. The SPEAKER pro tempore. The Mr. BRADLEY of New Hampshire. H. Con. Res. 347 honors the invaluable question is on the motion offered by Madam Speaker, I yield myself such work of those who staff State veterans’ the gentleman from New Hampshire time as I may consume. homes, the important role of the National As- (Mr. BRADLEY) that the House suspend (Mr. BRADLEY of New Hampshire sociation of State Veterans Homes, and af- the rules and agree to the concurrent asked and was given permission to re- firms the support of Congress in the continu- resolution, H. Con. Res. 347. vise and extend his remarks.) ation of the State Veterans’ Home program. The question was taken; and (two- Mr. BRADLEY of New Hampshire. I urge my colleagues to join me in recog- thirds having voted in favor thereof) Madam Speaker, this resolution calls nizing the importance of State veterans’ the rules were suspended and the con- upon the President to establish a na- homes for their role in caring for our Nation’s current resolution was agreed to. tional Hire a Veteran Week. aging and disabled military heroes. A motion to reconsider was laid on No group in America deserves special Mr. LARSON of Connecticut. Madam the table. employment opportunity more than Speaker, I rise today in strong support of H. f our Nation’s veterans. These men and Con. Res. 347, a resolution honoring the Na- women have volunteered to put them- tional Association of State Veterans Homes HIRE A VETERAN WEEK selves in harm’s way to preserve the and the 119 State veteran’s homes nationwide Mr. BRADLEY of New Hampshire. Nation’s way of life and economic sys- who serve the health care services to our Na- Madam Speaker, I move to suspend the tem. They serve on every continent, in tion’s veterans. rules and agree to the concurrent reso- hundreds of occupations, in remote lo- The long and distinguished history of the lution (H. Con. Res 125) expressing sup- cations, and in the toughest of combat Connecticut State Veterans Hospital can be port for the designation and goals of conditions. They answer the Nation’s traced back nearly 140 years of 1864 when ‘‘Hire a Veteran Week’’ and encour- call to duty, asking in return only our Benjamin Finch opened the first veterans’ aging the President to issue a procla- support and our thanks. home in the Nation, Fitch’s Home for Soldiers mation supporting those goals. Veterans are one of the most diverse and Their Orphans in Darien, to care for vet- The Clerk read as follows: communities in America, with signifi- erans of the Civil War. Now located in the H. CON. RES. 125 cant representation from all major eth- First Congressional District in Rocky Hill, the Whereas the people of the United States nic and socioeconomic groups. Today’s modern day State Veterans Hospital has have a sincere appreciation and respect for veterans bring a solid work ethic, un- served Connecticut veterans since 1940. Over the military personnel who serve in the derstand the chain of command, are ac- the years, the State veteran’s hospital has Armed Forces of the United States; customed to working within a system, grown to include nearly 40 buildings on the Whereas veterans possess special qualities are highly motivated, and are com- 90-acre Rocky Hill campus, including a domi- and skills that make them ideal candidates fortable with technology. Hiring a vet- cile providing rehabilitative care and other for employment, but many veterans encoun- eran to fill a good-paying job is an im- ter difficulties in securing employment; health care services. In addition to serving the Whereas it would be inconsistent, inconsid- portant way to say thank you for your general health care needs of the State’s erate, and contrary to the economic com- service and brings a quality employee 280,000 veterans, the hospital provides other petitiveness of the United States to neglect to the workforce. critical services meant to help veterans in all the post-military needs of the military per- Madam Speaker, this bill was jointly aspects of their lives, including substance sonnel who have served in the Armed Forces referred to the Committee on Armed abuse treatment, education and vocational as- of the United States; Services which waived consideration of sistance, and job skill development and train- Whereas many of the brave men and the bill. I would like to thank Chair- ing. women who have served the United States so man BUYER, chairman of the full com- gallantly and selflessly in the war on ter- mittee, Acting Ranking Member FIL- While the staff of the State Veterans Home rorism and the war in Iraq since September provides unmatched professional care for their 11, 2001, are beginning to return home to be NER, Ranking Member EVANS, Chair- veterans, the hospital’s core facilities and reunited with their loved ones and will be re- man HUNTER, and Ranking Member campus infrastructure are almost 70 years old entering the workforce or searching for their SKELTON for their help in moving this and is struggling to meet the needs of the vet- first jobs outside of military service; and resolution to the floor. I would also

VerDate Aug 31 2005 03:40 Jul 25, 2006 Jkt 049060 PO 00000 Frm 00070 Fmt 4634 Sfmt 0634 E:\CR\FM\A24JY7.041 H24JYPT1 jcorcoran on PROD1PC62 with HOUSE July 24, 2006 CONGRESSIONAL RECORD — HOUSE H5639 like to commend my colleague from reau of Labor statistics, for example, These aren’t simply numbers; these are Colorado (Mr. SALAZAR) for his work on and take the age cohort of 18 to 24 men and women who put on our country’s uni- this bill, and thank Mr. HOLT of New years old, you will find among veterans form to protect each and every one of us. We Jersey for introducing this resolution. recently returned from the front, un- can and must do more to help them find good- Madam Speaker, I reserve the bal- employment is at 18.7 percent com- paying jobs that allow them to build a career ance of my time. pared with 9.9 in the general popu- and a life in the Nation they served and pro- Mr. SALAZAR. Madam Speaker, I lation in that age cohort. The data tected. yield myself as much time as I may about women actually are worse. And This is especially true now, with our country consume. these aren’t simply numbers. These are at war in multiple theaters of operation and I rise in support of House Concurrent men and women who put on our coun- with tens of thousands of new veterans being Resolution 125, a resolution supporting try’s uniform to protect each and every created every year. For them to make a suc- the goals of Hire a Veteran Week, and one of us. We can and we must do what cessful transition from military to civilian life, I thank Mr. HOLT of New Jersey for we can to help them find good-paying veterans’ employment, job training, and read- sponsoring this great legislation. jobs, to use their skills to contribute to justment need to be a top national priority. Every day, the men and women of our society. As the original GI bill showed us, when we our Armed Forces sacrifice to protect This is especially true now with our invest in our veterans, our society reaps the and preserve our way of life whether by country at war in multiple theaters of rewards many times over. The same philos- putting themselves in harm’s way or operation, as we are minting new vet- ophy should guide us as we seek to help vet- by enduring time away from their erans every day. For them to make a erans obtain and sustain meaningful, good- loved ones at home. successful transition from military to paying jobs in their civilian lives. This bill is a Each year, 200,000 servicemembers civilian life, their employment, their first step in that direction, but we need to do separate from military service and job training, their readjustment needs more. We need to ensure that within both the hope to enjoy the privileges and oppor- must be a top priority for our country. DoD and VA budgets, we devote the nec- tunities they sacrificed to preserve, but I would ask my colleagues, how could essary resources to transition assistance, job many veterans face difficulties in en- we tolerate a high unemployment rate retraining—where necessary—and related ac- tering the civilian workforce when among veterans, higher than among tivities that help veterans in their search for ci- they come home. This resolution ex- the general population that has not vilian careers. presses our support for our country’s served in uniform? Again, I thank my friends, the gentleman newest veterans, and it urges the Presi- As the original GI bill showed us, from Indiana, Mr. BUYER, and California, Mr. dent to call on all levels of government when we invest in our veterans, our so- FILNER, for their help and support in securing and the private sector to back up our ciety reaps the rewards many times passage of this bill today. support with action. over. The same philosophy should Mr. SALAZAR. Madam Speaker, I I urge my colleagues to support this guide us as we seek to help veterans would like to, once again, commend resolution and to support its spirit, to obtain and sustain meaningful good- Mr. HOLT for his tireless effort on vet- do everything we can to help our vet- paying jobs in their civilian lives. erans issues. I have no further requests erans transition into civilian life and for time, and I yield back the balance b 1630 to ensure that they are given all the of my time. benefits they sacrificed to secure. This bill is a step in that direction. Mr. BROWN of South Carolina. Madam Madam Speaker, I yield 3 minutes to Again, I thank the ranking member Speaker, I am proud to be the Republican the distinguished gentleman from New and the chairman of the committee and sponsor of H. Con. Res. 125 along with my Jersey (Mr. HOLT). Mr. BROWN for their help. good friend from New Jersey, Congressman Mr. HOLT. Madam Speaker, I thank Madam Speaker, I want to begin by thank- RUSH HOLT. the gentleman, and I would also like to ing the chairman and ranking member of the H. Con. Res. 125 is a very important piece thank the chairman and ranking mem- House Veterans Affairs Committee, Mr. BUYER of legislation that calls for the designation of bers of the Veterans’ Affairs Com- and Mr. FILNER, for bringing this bipartisan bill ‘‘Hire-A-Veteran Week’’ and issuance of a mittee, Mr. BUYER and Mr. FILNER, for to the floor. I also want to thank my colleague presidential proclamation calling upon employ- bringing this bipartisan bill to the and partner on this bill, Mr. BROWN of South ers, labor organizations, and federal, state, floor. I would also particularly like to Carolina, for all of his help in moving this bill and local governmental agencies to hire our thank Mr. BROWN of South Carolina, through the Congress. veterans—old and new. my partner in this bill, for all of his Our Nation was built by citizen-soldiers, but According to the most current data, 10.8 help in moving the bill through Con- too often, we fail to repay their service prop- percent of all male veterans and 13.3 percent gress. erly by giving them the employment, edu- of female veterans between the ages of 20 Madam Speaker, our Nation was cation, and other opportunities they deserve. and 24 are unemployed. The situation is even built by citizen soldiers, whom all too By virtue of their discipline, work ethic, and more troubling for minority veterans. For black often we fail to repay for their service. clear thinking, veterans make outstanding em- male veterans and female veterans between We should be giving them employment ployees, and we should be doing all we can 20–24 years of age, the unemployment rate is opportunities, the opportunities they to help them find good jobs that benefit them 17 percent and 23.9 percent respectively and deserve. By virtue of their discipline, and their families. for Hispanic male and female veterans in that their work ethic, their clear thinking, This bill is an affirmation of Congress’s com- age bracket, the rate is 8.7 percent and 21.6 veterans make outstanding employees; mitment to encourage all employers—govern- percent respectively. and we should be doing all we can to ment at all levels, nonprofits, trade associa- It is shameful that so many of our veterans help them find jobs, and yet we know tions, and the private sector—to think of vet- who have risked their own lives to defend our veterans return from the field and have erans first when making hiring decisions. freedom can’t find jobs and must endure trouble breaking into the workforce. The bill itself calls upon the President to homelessness and lives of poverty after they This bill is an affirmation of the proclaim an annual ‘‘Hire a Veteran’’ week and return home. On any given day as many as commitment of Congress to encourage to use that occasion to remind all employers 250,000 veterans are living on the streets or all employers, government at all lev- of the value of hiring veterans. I hope the in homeless shelters and perhaps twice as els, nonprofits, trade associations, and President acts on this legislation swiftly, be- many experience homelessness at some point the private sector, to think of veterans cause the need for a renewed national focus during the course of a year. when making hiring decisions. The bill on veterans’ employment is real and urgent. The designation of ‘‘Hire-A-Veteran Week’’ itself calls upon the President to pro- According to the most recent U.S. Labor would provide an effective and more focused claim an annual Hire a Veteran Week Department data, in August 2005, 20- to 24- way to do more to help all of our veterans find and to use the occasion to remind all year-old veterans had an unemployment rate good, secure jobs and ensure better living employers of the value of hiring vet- of 18.7 percent compared with their non- standards for themselves and their families. erans. veteran counterparts. For all of 2005, the an- I urge all of my colleagues to support H. Let there be no doubt, the need for a nual rate was 15.6 percent for 20- to 24-year- Con. Res. 125. renewed national focus on veterans em- old veterans compared with 8.7 percent for Ms. BORDALLO. Madam Speaker, I rise ployment is real. If you look at the Bu- nonveterans in that age group. today in strong support of H. Con. Res. 125,

VerDate Aug 31 2005 04:55 Jul 25, 2006 Jkt 049060 PO 00000 Frm 00071 Fmt 4634 Sfmt 9920 E:\CR\FM\K24JY7.059 H24JYPT1 jcorcoran on PROD1PC62 with HOUSE H5640 CONGRESSIONAL RECORD — HOUSE July 24, 2006 which expresses support for the designation TITLE I—SMALL BUSINESS ness concerns owned and controlled by veterans and goals of ‘‘Hire a Veteran Week’’ and en- Sec. 101. Department of Veterans Affairs goals and small business concerns owned and con- courages the President to issue a proclama- for participation by small busi- trolled by veterans with service-connected dis- tion supporting those goals. Certain technical nesses owned and controlled by abilities, the Secretary shall— abilities, discipline, teamwork, and commit- veterans in procurement con- ‘‘(A) establish a goal for each fiscal year for tracts. participation in Department contracts (includ- ment to getting a job done right the first time Sec. 102. Department of Veterans Affairs con- ing subcontracts) by small business concerns are among the unique skills, experiences, and tracting priority for veteran- owned and controlled by veterans who are not qualities that our veterans possess as a result owned small businesses. veterans with service-connected disabilities in of their military service. Sec. 103. Effective date. accordance with paragraph (2); and Civilian employers recognize these at- TITLE II—MEMORIAL AFFAIRS ‘‘(B) establish a goal for each fiscal year for tributes as valuable to their companies. It is Sec. 201. Eligibility of Indian tribal organiza- participation in Department contracts (includ- essential that the benefits of hiring a veteran tions for grants for the establish- ing subcontracts) by small business concerns be promoted in order to ensure that veterans ment of veterans cemeteries on owned and controlled by veterans with service- are fully considered for civilian jobs upon sep- trust lands. connected disabilities in accordance with para- arating from the U.S. Armed Forces. Sec. 202. Repeal of expiration and expanded ap- graph (3). Unfortunately, many veterans experience plication of Department of Vet- ‘‘(2) The goal for a fiscal year for participa- difficulty finding employment following their erans Affairs benefit for Govern- tion under paragraph (1)(A) shall be determined service in the U.S. Armed Forces. H. Con. ment markers or headstones for by the Secretary. marked graves of veterans buried Res. 125 and ‘‘Hire a Veteran Week’’ rep- ‘‘(3) The goal for a fiscal year for participa- in private cemeteries. tion under paragraph (1)(B) shall be not less resent a commitment to improving the civilian Sec. 203. Provision of Government memorial than the Government-wide goal for that fiscal professional and economic opportunities for headstones or markers and memo- year for participation by small business con- the dedicated men and women who have rial inscriptions for deceased de- cerns owned and controlled by veterans with worn our country’s uniform. pendent children of veterans service-connected disabilities under section I urge support for H. Con. Res. 125. whose remains are unavailable for 15(g)(1) of the Small Business Act (15 U.S.C. GENERAL LEAVE burial. 644(g)(1)). Mr. BRADLEY of New Hampshire. TITLE III—VETERANS’ EMPLOYMENT AND ‘‘(4) The annual performance review of the Madam Speaker, I ask unanimous con- TRAINING senior official of each Administration of the De- sent that all Members may have 5 leg- Sec. 301. Professional qualifications for disabled partment and each Assistant Secretary of the islative days in which to revise and ex- veterans’ outreach program spe- Department with procurement authority shall include an assessment of whether or not that of- tend their remarks and include extra- cialists and local veterans’ em- ployment representatives. ficial or Assistant Secretary met the contracting neous material on H. Con. Res. 125. goals established pursuant to this subsection The SPEAKER pro tempore. Is there Sec. 302. Rules for part-time employment for disabled veterans’ outreach pro- during the year for which the performance re- objection to the request of the gen- gram specialists and local vet- view is conducted with respect to contracts tleman from New Hampshire? erans’ employment representa- awarded during that year for which that offi- There was no objection. tives. cial or Assistant Secretary had responsibility. If Mr. BRADLEY of New Hampshire. Sec. 303. State licensing and certification pro- the official or Assistant Secretary is found not Madam Speaker, I urge my colleagues grams for veterans. to have met such contracting goals, the official to unanimously support H. Con. Res. Sec. 304. Training of new disabled veterans’ or Assistant Secretary shall not receive an 125. outreach program specialists and award known as a performance award or an I have no further requests for time, local veterans’ employment rep- award known as a presidential rank award for and I yield back the balance of my resentatives by NVTI required. that year. time. Sec. 305. Matters for inclusion in annual report ‘‘(5) In the case of a subcontract of a Depart- The SPEAKER pro tempore. The on VETS program. ment contract that is counted for purposes of Sec. 306. Demonstration project on contracting meeting a goal established pursuant to this sec- question is on the motion offered by for placement of certain disabled tion, the Secretary shall conduct a review of the the gentleman from New Hampshire veterans. contract and subcontract to verify that the sub- (Mr. BRADLEY) that the House suspend Sec. 307. Performance incentive awards for em- contract was actually awarded to a business the rules and agree to the concurrent ployment service offices. concern that may be counted for purposes of resolution, H. Con. Res. 125. Sec. 308. Department of Labor implementation meeting that goal. The question was taken; and (two- of priority of service for veterans ‘‘(6) The Secretary shall maintain a list based thirds having voted in favor thereof) requirement. on the reviews conducted under paragraph (5) the rules were suspended and the con- Sec. 309. Demonstration project on that contains the name of the contractor associ- credentialing and licensure of vet- ated with each contract reviewed under that current resolution was agreed to. erans. A motion to reconsider was laid on paragraph and whether each subcontract TITLE IV—EDUCATION the table. awarded by the contractor that is counted for Sec. 401. Exception for institutions offering purposes of meeting a goal established pursuant f Government-sponsored nonaccred- to this section was actually awarded to and per- VETERANS SMALL BUSINESS AND ited courses to requirement of re- formed by a business concern that may be MEMORIAL AFFAIRS ACT OF 2006 funding unused tuition. counted for purposes of meeting that goal. The Sec. 402. Extension of work-study allowance. Secretary shall make such list publicly avail- Mr. BRADLEY of New Hampshire. Sec. 403. Report on improvement in administra- able. Madam Speaker, I move to suspend the tion of educational assistance ‘‘(b) USE OF NONCOMPETITIVE PROCEDURES rules and pass the bill (H.R. 3082) to benefits. FOR CERTAIN SMALL CONTRACTS.—For purposes amend title 38, United States Code, to Sec. 404. Restoration of lost entitlement for in- of meeting the goals under subsection (a), and require that 9 percent of procurement dividuals who had to discontinue in accordance with this section, in entering into contracts entered into by the Depart- a course of education because of a contract with a small business concern owned being ordered to full-time Na- ment of Veterans Affairs be awarded to and controlled by veterans for an amount less tional Guard duty. than the simplified acquisition threshold (as de- small business concerns owned by vet- Sec. 405. Technical amendments. fined in section 4 of the Office of Federal Pro- erans, and for other purposes, as TITLE I—SMALL BUSINESS curement Policy Act (41 U.S.C. 403)), a con- amended. SEC. 101. DEPARTMENT OF VETERANS AFFAIRS tracting officer of the Department may use pro- The Clerk read as follows: GOALS FOR PARTICIPATION BY cedures other than competitive procedures. H.R. 3082 SMALL BUSINESSES OWNED AND ‘‘(c) SOLE SOURCE CONTRACTS FOR CONTRACTS Be it enacted by the Senate and House of Rep- CONTROLLED BY VETERANS IN PRO- ABOVE SIMPLIFIED ACQUISITION THRESHOLD.— resentatives of the United States of America in CUREMENT CONTRACTS. For purposes of meeting the goals under sub- Congress assembled, (a) IN GENERAL.—Subchapter II of chapter 81 section (a), and in accordance with this section, SECTION 1. SHORT TITLE; TABLE OF CONTENTS. of title 38, United States Code, is amended by a contracting officer of the Department may (a) SHORT TITLE.—This Act may be cited as adding at the end the following new section: award a contract to a small business concern the ‘‘Veterans Small Business and Memorial Af- ‘‘§ 8127. Small business concerns owned and owned and controlled by veterans using proce- fairs Act of 2006’’. controlled by veterans; Department con- dures other than competitive procedures if— (b) TABLE OF CONTENTS.—The table of con- tracting goals and preferences ‘‘(1) such concern is determined to be a re- tents for this Act is as follows: ‘‘(a) CONTRACTING GOALS.—(1) In order to in- sponsible source with respect to performance of Sec. 1. Short title; table of contents. crease contracting opportunities for small busi- such contract opportunity;

VerDate Aug 31 2005 03:40 Jul 25, 2006 Jkt 049060 PO 00000 Frm 00072 Fmt 4634 Sfmt 6333 E:\CR\FM\A24JY7.047 H24JYPT1 jcorcoran on PROD1PC62 with HOUSE July 24, 2006 CONGRESSIONAL RECORD — HOUSE H5641 ‘‘(2) the anticipated award price of the con- ‘‘(A) The date on which the surviving spouse who are unable to manage the daily business tract (including options) will exceed the sim- remarries. operations of such concern or, in the case of a plified acquisition threshold (as defined in sec- ‘‘(B) The date on which the surviving spouse publicly owned business, not less than 51 per- tion 4 of the Office of Federal Procurement Pol- relinquishes an ownership interest in the small cent of the stock of which is owned by one or icy Act (41 U.S.C. 403)) but will not exceed business concern. more such veterans.’’. $5,000,000; and ‘‘(C) The date that is ten years after the date (b) TRANSITION RULE.—A small business con- ‘‘(3) in the estimation of the contracting offi- of the veteran’s death. cern that is listed in any small business data- cer, the contract award can be made at a fair ‘‘(3) The death of a veteran-owner of a small base maintained by the Secretary of Veterans and reasonable price that offers best value to business concern or a surviving spouse of such Affairs on the date of the enactment of this Act the United States. a veteran-owner who acquires ownership rights shall be presumed to be eligible for inclusion in ‘‘(d) USE OF RESTRICTED COMPETITION.—Ex- in such concern shall not be cause for termi- the database under subsection (f) of section 8127 cept as provided in subsections (b) and (c), for nation of a contract awarded under this section of title 38, United States Code, as added by sub- purposes of meeting the goals under subsection that is in effect at the time of death of such section (a), during the period beginning on the (a), and in accordance with this section, a con- owner or surviving spouse. date of the enactment of this Act and ending tracting officer of the Department shall award ‘‘(i) CHANGE IN OWNERSHIP OR CONTROL.—(1) one year after the date of the enactment of this contracts on the basis of competition restricted Except as provided in subsection (h), if a small Act. Such a small business concern may be re- to small business concerns owned and controlled business concern that is awarded a contract moved from the database during that period if it by veterans if the contracting officer has a rea- under this section undergoes a change in man- is found not to be a small business concern sonable expectation that two or more small busi- agement or control during the period for which owned and controlled by veterans (as defined in ness concerns owned and controlled by veterans the contract is in effect such that it is no longer subsection (l) of such section). will submit offers and that the award can be a small business concern owned and controlled (c) COMPTROLLER GENERAL REPORT AND made at a fair and reasonable price that offers by veterans, the Secretary shall end the contract best value to the United States. STUDY.—(1) During the first three fiscal years on the date on which the performance of the for which this section is in effect, the Comp- ‘‘(e) ELIGIBILITY OF SMALL BUSINESS CON- term of the contract is complete. CERNS.—A small business concern may be troller General shall conduct a study on the ef- ‘‘(2) Such a contract that contains an option forts made by the Secretary of Veterans Affairs awarded a contract under this section only if or options to extend the contract may be ex- the small business concern and the veteran to meet the contracting goals established pursu- tended for a total of not more than 1 year pur- ant to section 8127 of title 38, United States owner of the small business concern are listed in suant to any such option. the database of veteran-owned businesses main- Code, as added by subsection (a). ‘‘(j) PRIORITY FOR CONTRACTING PREF- tained by the Secretary under subsection (f). (2) On January 31 of each year during which ERENCES.—Preferences for awarding contracts to ‘‘(f) DATABASE OF VETERAN-OWNED BUSI- the Comptroller General conducts the study small business concerns shall be applied in the NESSES.—(1) Subject to paragraphs (2) through under paragraph (1), the Comptroller General following order of priority: (6), the Secretary shall maintain a database of shall submit to Congress an interim report on ‘‘(1) Contracts awarded pursuant to sub- small business concerns owned and controlled such study, placing special emphasis on any section (b), (c), or (d) to small business concerns by veterans and the veteran owners of such structural or organizational issues within the owned and controlled by veterans with service- business concerns. Department of Veterans Affairs that might act connected disabilities. ‘‘(2) To be eligible for inclusion in the data- as an impediment to reaching such contracting ‘‘(2) Contracts awarded pursuant to sub- base, such a veteran shall submit to the Sec- goals. section (b), (c), or (d) to small business concerns retary such information as the Secretary may owned and controlled by veterans that are not (3) Not later than 90 days after the end of the require with respect to the small business con- covered by subparagraph (A). three-year period during which the Comptroller cern or the veteran. General conducts the study under paragraph ‘‘(3) Information maintained in the database ‘‘(3) Contracts awarded pursuant to— ‘‘(A) section 8(a) of the Small Business Act (15 (1), the Comptroller General shall submit to shall be submitted on a voluntary basis by such Congress a report on the findings of such study. veterans. U.S.C. 637(a)); or ‘‘(B) section 31 of such Act (15 U.S.C. 657a). (d) CLERICAL AMENDMENT.—The table of sec- ‘‘(4) In maintaining the database, the Sec- tions at the beginning of such chapter is amend- retary shall carry out at least the following two ‘‘(4) Contracts awarded pursuant to any other small business contracting preference. ed by inserting after the item relating to section verification functions: 8126 the following new item: ‘‘(A) Verification that each small business ‘‘(k) QUARTERLY REPORTS.—Not later than 60 concern listed in the database is owned and con- days after the last day of a fiscal quarter, the ‘‘8127. Small business concerns owned and con- trolled by veterans. Secretary shall submit to Congress a report on trolled by veterans; Department ‘‘(B) In the case of a veteran who indicates a small business contracting during that fiscal contracting goals and pref- service-connected disability, verification of the quarter, which shall include the following: erences.’’. ‘‘(1) The percentage of the total amount of all service-disabled status of such veteran. SEC. 102. DEPARTMENT OF VETERANS AFFAIRS ‘‘(5) The Secretary shall make the database contracts awarded by the Department during CONTRACTING PRIORITY FOR VET- available to all Federal departments and agen- that fiscal quarter that were awarded to small ERAN-OWNED SMALL BUSINESSES. cies and notify each such department and agen- business concerns owned and controlled by vet- (a) PRIORITY FOR VETERAN-OWNED SMALL cy of the availability of the database. erans. BUSINESSES.—Subchapter II of chapter 81 of title ‘‘(6) If the Secretary determines that the pub- ‘‘(2) The percentage of the total amount of all 38, United States Code, as amended by section lic dissemination of certain types of information such contracts awarded to small business con- 101(a), is further amended by adding at the end maintained in the database is inappropriate, the cerns owned and controlled by veterans with the following new section: Secretary shall take such steps as are necessary service-connected disabilities. to maintain such types of information in a se- ‘‘(3) The percentage of the total amount of all ‘‘§ 8128. Contracting priority for small busi- cure and confidential manner. contracts awarded by each Administration of ness concerns owned and controlled by vet- ‘‘(g) ENFORCEMENT PENALTIES FOR MISREPRE- the Department during that fiscal quarter that erans SENTATION.—Any small business concern that is were awarded to small business concerns owned ‘‘(a) IN GENERAL.—In procuring goods and determined by the Secretary to have misrepre- and controlled by veterans. services pursuant to a contracting preference sented the status of that concern as a small ‘‘(4) The percentage of the total amount of all under this title or any other provision of law, business concern owned and controlled by vet- contracts awarded by each such Administration the Secretary shall give priority to a small busi- erans or as a small business concern owned and during that fiscal quarter that were awarded to ness concern owned and controlled by veterans, controlled by service-disabled veterans for pur- small business concerns owned and controlled if such business concern also meets the require- poses of this subsection shall be debarred from by veterans. ments of that contracting preference. contracting with the Department for a period of ‘‘(l) DEFINITIONS.—In this section: ‘‘(b) DEFINITION.—The term ‘small business five years. ‘‘(1) The term ‘small business concern’ has the concern owned and controlled by veterans’ ‘‘(h) TREATMENT OF BUSINESSES AFTER DEATH meaning given that term under section 3 of the means a small business concern that is on the OF VETERAN-OWNER.—(1) If the death of a vet- Small Business Act (15 U.S.C. 632). list maintained by the Secretary under section eran causes a small business concern to be less ‘‘(2) The term ‘small business concern owned 8127(f) of this title.’’. than 51 percent owned by one or more veterans, and controlled by veterans’ means a small busi- (b) CLERICAL AMENDMENT.—The table of sec- the surviving spouse of such veteran who ac- ness concern— tions at the beginning of such chapter, as quires ownership rights in such small business ‘‘(A)(i) not less than 51 percent of which is amended by section 101, is further amended by concern shall, for the period described in para- owned by one or more veterans or, in the case of inserting after the item relating to section 8127 graph (2), be treated as if the surviving spouse a publicly owned business, not less than 51 per- the following new item: were that veteran for the purpose of maintain- cent of the stock of which is owned by one or ‘‘8128. Contracting priority for small business ing the status of the small business concern as more veterans; and concerns owned and controlled by a small business concern owned and controlled ‘‘(ii) the management and daily business oper- veterans.’’. by veterans. ations of which are controlled by one or more ‘‘(2) The period referred to in paragraph (1) is veterans; or SEC. 103. EFFECTIVE DATE. the period beginning on the date on which the ‘‘(B) not less than 51 percent of which is This title and the amendments made by this veteran dies and ending on the earliest of the owned by one or more veterans with service-con- title shall take effect on the date that is 180 following dates: nected disabilities that are permanent and total days after the date of the enactment of this Act.

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TITLE II—MEMORIAL AFFAIRS (g) RETROACTIVE EFFECTIVE DATE.—The United States Code, as added by subsection (a), SEC. 201. ELIGIBILITY OF INDIAN TRIBAL ORGA- amendments made by this section shall apply as not later than the date that is 180 days after the NIZATIONS FOR GRANTS FOR THE if enacted in section 502 of the Veterans Edu- date of the enactment of this Act. ESTABLISHMENT OF VETERANS cation and Benefits Expansion Act of 2001 (Pub- (d) TECHNICAL AMENDMENTS.— CEMETERIES ON TRUST LANDS. lic Law 107-103; 38 U.S.C. 2306 note). (1) AMENDMENTS.—Section 4102A of such title, Section 2408 of title 38, United States Code, is SEC. 203. PROVISION OF GOVERNMENT MEMO- as amended by subsection (b), is further amend- amended by adding at the end the following RIAL HEADSTONES OR MARKERS ed— new subsection: AND MEMORIAL INSCRIPTIONS FOR (A) in subsection (c)— ‘‘(f)(1) The Secretary may make grants under DECEASED DEPENDENT CHILDREN (i) by striking clause (ii) of paragraph (2)(B) this subsection to any tribal organization to as- OF VETERANS WHOSE REMAINS ARE and redesignating clause (iii) as clause (ii); and sist the tribal organization in establishing, ex- UNAVAILABLE FOR BURIAL. (ii) in paragraph (6)— panding, or improving veterans’ cemeteries on (a) PROVISION OF MEMORIAL HEADSTONES OR (I) by inserting ‘‘(29 U.S.C. 2801 et seq.)’’ after trust land owned by, or held in trust for, the MARKERS.—Subsection (b) of section 2306 of title ‘‘the Workforce Investment Act of 1998’’; and tribal organization. 38, United States Code, is amended— (II) by inserting ‘‘(29 U.S.C. 49 et seq.)’’ after ‘‘(2) Grants under this subsection shall be (1) by adding at the end of paragraph (2) the ‘‘the Wagner-Peyser Act’’; and made in the same manner, and under the same following new subparagraph: (B) in subsection (f)— conditions, as grants to States are made under ‘‘(C) An eligible dependent child of a vet- (i) in paragraph (1), by striking ‘‘establish the preceding provisions of this section. eran.’’; and and’’; and ‘‘(3) In this subsection: (2) by adding at the end of paragraph (4) the (ii) by striking the heading and inserting the ‘‘(A) The term ‘tribal organization’ has the following new subparagraph: following: ‘‘PERFORMANCE STANDARDS AND OUT- meaning given that term in section 3765(4) of ‘‘(C) For purposes of this section, the term ‘el- COMES MEASURES.—’’. this title. igible dependent child’ means a child— (2) EFFECTIVE DATE.—The amendment made ‘‘(B) The term ‘trust land’ has the meaning ‘‘(i) who is under 21 years of age, or under 23 by clause (i) of paragraph (1)(A) shall take ef- given that term in section 3765(1) of this title.’’. years of age if pursuing a course of instruction fect on October 1, 2006. at an approved educational institution; or SEC. 202. REPEAL OF EXPIRATION AND EX- SEC. 302. RULES FOR PART-TIME EMPLOYMENT PANDED APPLICATION OF DEPART- ‘‘(ii) who is unmarried and became perma- FOR DISABLED VETERANS’ OUT- MENT OF VETERANS AFFAIRS BEN- nently physically or mentally disabled and in- REACH PROGRAM SPECIALISTS AND EFIT FOR GOVERNMENT MARKERS capable of self-support before reaching 21 years LOCAL VETERANS’ EMPLOYMENT OR HEADSTONES FOR MARKED of age, or before reaching 23 years of age if pur- REPRESENTATIVES. GRAVES OF VETERANS BURIED IN suing a course of instruction at an approved (a) DISABLED VETERANS’ OUTREACH PROGRAM PRIVATE CEMETERIES. educational institution.’’. SPECIALISTS.—Section 4103A of title 38, United (a) REPEAL OF EXPIRATION OF GOVERNMENT (b) ADDITION OF MEMORIAL INSCRIPTION TO States Code, is amended by adding at the end MARKER BENEFIT AND OBSOLETE PROVISION.— HEADSTONE OR MARKER OF VETERAN.—Sub- Section 2306(d) of title 38, United States Code, is the following new subsection: section (f) of such section is amended by insert- ART-TIME EMPLOYEES.—A part-time dis- amended by striking paragraphs (3) and (4). ‘‘(c) P ing ‘‘or eligible dependent child’’ after ‘‘sur- (b) APPLICATION OF GOVERNMENT MARKER abled veterans’ outreach program specialist viving spouse’’ both places it appears. BENEFIT TO VETERANS DYING ON OR AFTER NO- shall perform the functions of a disabled vet- (c) EFFECTIVE DATE.—The amendments made VEMBER 1, 1990.—Subsection (d) of section 502 of erans’ outreach program specialist under this by subsections (a) and (b) shall apply with re- the Veterans Education and Benefits Expansion section on a half-time basis.’’. spect to individuals dying after the date of the Act of 2001 (Public Law 107-103; 38 U.S.C. 2306 (b) LOCAL VETERANS’ EMPLOYMENT REP- enactment of this Act. note) is amended by striking ‘‘September 11, RESENTATIVES.—Section 4104 of such title is 2001’’ and inserting ‘‘November 1, 1990’’. TITLE III—VETERANS’ EMPLOYMENT AND amended by adding at the end the following (c) PROVISION OF GOVERNMENT HEADSTONES.— TRAINING new subsection: ART IME MPLOYEES (1) PROVISION OF HEADSTONES.—Subsection (d) SEC. 301. PROFESSIONAL QUALIFICATIONS FOR ‘‘(e) P -T E .—A part-time of section 2306 of title 38, United States Code, is DISABLED VETERANS’ OUTREACH local veterans’ employment representative shall amended— PROGRAM SPECIALISTS AND LOCAL perform the functions of a local veterans’ em- (A) in paragraph (1)— VETERANS’ EMPLOYMENT REP- ployment representative under this section on a (i) in the first sentence, by inserting ‘‘head- RESENTATIVES. half-time basis.’’. stone or’’ after ‘‘Government’’; and (a) ESTABLISHMENT OF GUIDELINES BY SEC- (c) EFFECTIVE DATE.—Sections 4103A(c) and (ii) in the second sentence, by inserting RETARY.—Section 4107 of title 38, United States 4104(e) of title 38, United States Code, as added ‘‘headstone or’’ before ‘‘marker’’ each place it Code, is amended by adding at the end the fol- by subsections (a) and (b), shall apply with re- appears; and lowing new subsection: spect to pay periods beginning after the date (B) in paragraph (2), by inserting ‘‘headstone ‘‘(d) The Secretary shall maintain guidelines that is 180 days after the date of the enactment or’’ before ‘‘marker’’. for use by States in establishing the professional of this Act. (2) CONFORMING AMENDMENT.—Subsection qualifications required under subclause (IV) of SEC. 303. STATE LICENSING AND CERTIFICATION (g)(3) of such section is amended by inserting section 4102A(c)(2)(A)(i) of this title for deter- PROGRAMS FOR VETERANS. ‘‘headstone or’’ before ‘‘marker’’. mining the eligibility for employment, and eligi- (a) REQUIREMENT AS A CONDITION OF VETS (d) PLACEMENT OF GOVERNMENT HEADSTONES bility for the continued employment, of State FUNDING.—Section 4102A(c) of title 38, United OR MARKERS.—Subsection (d)(1) of such section, employees who are designated as disabled vet- States Code, as amended by section 301, is fur- as amended by subsection (c), is further amend- erans’ outreach program specialists and local ther amended by adding at the end the fol- ed by adding at the end the following new sen- veterans’ employment representatives under this lowing new paragraph: tence: ‘‘If placing the Government headstone or chapter.’’. ‘‘(8) As a condition of a grant or contract marker on the grave for which it is requested is (b) SUBMISSION OF ANNUAL PROFESSIONAL under which funds are made available to a State impossible or impracticable, a headstone or QUALIFICATIONS AS A CONDITION OF STATE RE- in order to carry out section 4103A or 4104 of marker may be furnished if the individual mak- CEIPT OF FUNDS UNDER VETS PROGRAM.— this title, the Secretary shall require the State to ing the request for the headstone or marker cer- Clause (i) of section 4102A(c)(2)(A) of such title provide a licensing and certification program tifies to the Secretary that the headstone or is amended— under which a veteran may receive credit to- marker will be placed within the grounds of the (1) in subclause (II), by striking ‘‘and’’ at the ward a license or certification based on training cemetery in which the grave for which the head- end; or experience the veteran acquired while serving stone or marker is requested and as close as pos- (2) in subclause (III), by striking the period at in the Armed Forces.’’. sible or practicable to that grave.’’. the end and inserting a semicolon; and (b) EFFECTIVE DATE.—Section 4102A(c)(8) of (e) DELIVERY OF GOVERNMENT HEADSTONES OR (3) by adding at the end the following new title 38, United States Code, as added by sub- MARKERS.—Subsection (d)(2) of such section, as subclauses: section (a), shall apply to a grant or contract amended by subsection (c), is further amended ‘‘(IV) the professional qualifications used by under which funds are made available to a State by inserting before the period at the end the fol- the State for determining the eligibility for em- in order to carry out section 4103A or 4104 of lowing: ‘‘or to a receiving agent of that ceme- ployment, and eligibility for continued employ- such title beginning with the second program tery’’. ment, of State employees who are designated as year beginning after the date of the enactment (f) SELECTION OF GOVERNMENT HEADSTONES disabled veterans’ outreach program specialists of this Act. AND ARKERS and local veterans’ employment representatives M .—Subsection (d) of such section, SEC. 304. TRAINING OF NEW DISABLED VET- as amended by subsections (a), (c), (d), and (e), under this chapter; and ERANS’ OUTREACH PROGRAM SPE- is further amended by adding at the end the fol- ‘‘(V) the training required or provided by the CIALISTS AND LOCAL VETERANS’ EM- lowing new paragraph (3): State for State employees who are designated as PLOYMENT REPRESENTATIVES BY ‘‘(3) The headstone or marker furnished under disabled veterans’ outreach program specialists NVTI REQUIRED. this subsection shall be the headstone or marker and local veterans’ employment representatives (a) TRAINING REQUIRED.—Section 4102A(c) of selected by the individual making the request under this chapter.’’. title 38, United States Code, is further amended for the headstone or marker from among all the (c) DEADLINE FOR ESTABLISHMENT OF QUALI- by adding after paragraph (8), as added by sec- headstones and markers made available by the FICATIONS.—The Secretary of Labor shall estab- tion 303, the following new paragraph: Government and certified as acceptable for lish the guidelines for professional qualifica- ‘‘(9)(A) As a condition of a grant or contract placement.’’. tions required by sections 4107(d) of title 38, under which funds are made available to a State

VerDate Aug 31 2005 03:40 Jul 25, 2006 Jkt 049060 PO 00000 Frm 00074 Fmt 4634 Sfmt 6333 E:\CR\FM\A24JY7.062 H24JYPT1 jcorcoran on PROD1PC62 with HOUSE July 24, 2006 CONGRESSIONAL RECORD — HOUSE H5643 in order to carry out section 4103A or 4104 of ‘‘(7) the total number of such veterans and shall prescribe regulations to implement section this title, the Secretary shall require the State to disabled veterans who remain employed for at 4215 of title 38, United States Code. require each employee hired by the State who is least 90 days in such jobs; SEC. 309. DEMONSTRATION PROJECT ON designated as disabled veterans’ outreach pro- ‘‘(8) the number of such veterans and disabled CREDENTIALING AND LICENSURE OF gram specialist or a local veterans’ employment veterans who remain employed for at least 180 VETERANS. representative under this chapter to satisfac- days in such jobs; (a) ESTABLISHMENT OF DEMONSTRATION torily complete training provided by the Na- ‘‘(9) the average starting wage or salary paid PROJECT.—Chapter 41 of title 38, United States tional Veterans’ Employment and Training to such veterans and disabled veterans and, if Code, is amended by adding at the end the fol- Services Institute during the three-year period applicable, the average wage or salary paid to lowing new section: that begins on the date on which the employee such veterans and disabled veterans as of the ‘‘§ 4114. Demonstration project on is so designated. 180th day of employment;’’. credentialing and licensure of veterans ‘‘(B) For any employee described in subpara- SEC. 306. DEMONSTRATION PROJECT ON CON- ‘‘(a) ESTABLISHMENT AND PURPOSE OF DEM- graph (A) who does not complete such training TRACTING FOR PLACEMENT OF CER- ONSTRATION PROJECT.—The Assistant Secretary during such period, the Secretary may reduce by TAIN DISABLED VETERANS. for Veterans’ Employment and Training shall an appropriate amount the amount made avail- (a) DEMONSTRATION PROJECT.—Section 4102A carry out a demonstration project on able to the State employing that employee.’’. of title 38, United States Code, as amended by credentialing in accordance with this section for (b) SUBMISSION OF EMPLOYEE TRAINING IN- sections 301, 303, and 304, is further amended by the purpose of facilitating the seamless transi- FORMATION REQUIRED.—Section 4102A(c)(2)(A) adding at the end the following new subsection: tion of members of the Armed Forces from serv- of such title is amended— ‘‘(h) DEMONSTRATION PROJECT ON CON- ice on active duty to civilian employment. (1) by redesignating clause (iii) as clause (iv); TRACTING FOR PLACEMENT OF VETERANS IN ‘‘(b) CREDENTIALING AND LICENSURE OF VET- and HIGH-UNEMPLOYMENT AREAS.—(1) From unobli- ERANS.—(1) The Assistant Secretary shall select (2) by inserting after clause (ii) the following gated funds made available for a fiscal year to not less than ten military occupational special- new clause (iii): carry out sections 4103A and 4104 of this title, ‘‘(iii) For each employee of the State who is ties for purposes of the demonstration project. the Secretary of Labor, acting through the As- Each such speciality selected by the Assistant designated as disabled veterans’ outreach pro- sistant Secretary of Labor for Veterans’ Employ- gram specialist or a local veterans’ employment Secretary shall require a skill or set of skills ment and Training, may enter into a contract that is required for civilian employment in an representative under this chapter— with a nongovernmental entity to carry out job ‘‘(I) the date on which the employee is so des- industry with high growth or high worker de- placement services for veterans during that fis- ignated; and mand. ‘‘(II) whether the employee has satisfactorily cal year in a locality where the unemployment ‘‘(2) The Assistant Secretary shall consult completed training provided by the National rate for veterans exceeds the national average with appropriate Federal, State, and industry Veterans’ Employment and Training Services unemployment rate. officials to identify requirements for credentials, ‘‘(2) In entering into a contract under para- Institute.’’. certifications, and licenses that require a skill or (c) APPLICABILITY.— graph (1), the Secretary of Labor may use proce- set of skills required by a military occupational (1) APPLICABILITY TO NEW EMPLOYEES.—Para- dures other than competitive procedures. specialty identified under paragraph (1). graph (9) of section 4102A(c) of such title, as ‘‘(3) In entering into a contract under para- ‘‘(3) The Assistant Secretary shall analyze the added by subsection (a), and clause (iii) of sec- graph (1), the Secretary of Labor shall give pri- requirements identified under paragraph (2) to tion 4102A(c)(2)(A) of such title, as added by ority to a small business concern owned and determine which requirements may be satisfied subsection (b), shall apply with respect to a controlled by veterans that is listed in any small by the skills, training, or experience acquired by State employee designated as a disabled vet- business database maintained by the Secretary members of the Armed Forces with the military erans’ outreach program specialist or a local of Veterans Affairs. occupational specialties selected under para- veterans’ employment representative under ‘‘(4) The total amount obligated under con- graph (1). chapter 41 of such title who is so designated tracts entered into under paragraph (1) for any ‘‘(c) ELIMINATION OF BARRIERS TO after the date of the enactment of this Act. fiscal year may not exceed $3,000,000. CREDENTIALING AND LICENSURE.—The Assistant (2) APPLICABILITY TO CERTAIN EMPLOYEES ‘‘(5) The authority to enter into a contract Secretary shall cooperate with appropriate Fed- HIRED BEFORE DATE OF ENACTMENT.—The Sec- under this subsection shall terminate on the eral, State, and industry officials to reduce or retary of Labor shall apply such paragraph to a date that is five years after the date of the en- eliminate any barriers to providing a credential, State employee designated as a disabled vet- actment of the Veterans Small Business and Me- certification, or license to a veteran who ac- erans’ outreach program specialist or a local morial Affairs Act of 2006.’’. quired any skill, training, or experience while veterans’ employment representative under (b) GAO REPORT.—Not later than four years serving as a member of the Armed Forces with a chapter 41 of such title who was so designated after the date of the enactment of this Act, the military occupational specialty selected under during the five-year period before the date of Comptroller General shall submit to the Commit- subsection (b)(1) that satisfies the Federal and the enactment of this Act by substituting ‘‘dur- tees on Veterans’ Affairs of the Senate and State requirements for the credential, certifi- ing the period beginning on the date on which House of Representatives a report on the dem- cation, or license. the employee is so designated and ending on the onstration project under subsection (h) of sec- ‘‘(d) TASK FORCE.—The Assistant Secretary date that is five years after the date of the en- tion 4102A of title 38, United States Code, as may establish a task force of individuals with actment of the Veterans Small Business and Me- added by subsection (a). appropriate expertise to provide assistance to morial Affairs Act of 2006’’ for ‘‘during the SEC. 307. PERFORMANCE INCENTIVE AWARDS the Assistant Secretary in carrying out this sec- three-year period that begins on the date on FOR EMPLOYMENT SERVICE OF- tion. which the employee is so designated’’. FICES. ‘‘(e) CONSULTATION.—In carrying out this sec- (a) PROVISION OF INCENTIVES TO EMPLOYMENT SEC. 305. MATTERS FOR INCLUSION IN ANNUAL tion, the Assistant Secretary shall consult with REPORT ON VETS PROGRAM. SERVICE OFFICES.—Section 4112 of title 38, the Secretary of Defense, the Secretary of Vet- Section 4107(c) of title 38, United States Code, United States Code, is amended— erans Affairs, appropriate Federal and State of- is amended— (1) in subsection (a)(1)(B), by inserting ‘‘and ficials, private-sector employers, labor organiza- (1) by redesignating paragraphs (3) through employment service offices’’ after ‘‘recognize eli- tions, and industry trade associations. (6) as paragraphs (10) through (13), respectively; gible employees’’; ‘‘(f) CONTRACT AUTHORITY.—For purposes of and (2) in subsection (c)— carrying out any part of the demonstration (2) by inserting after paragraph (2) the fol- (A) in paragraph (1), by striking ‘‘and’’ at the project under this section, the Assistant Sec- lowing new paragraphs: end; retary may enter into a contract with a public ‘‘(3) the number of veterans, disabled vet- (B) in paragraph (2)— or private entity with appropriate expertise. erans, and special disabled veterans who re- (i) by striking ‘‘is’’ and inserting ‘‘in the case ‘‘(g) PERIOD OF PROJECT.—The Assistant Sec- quested training from the public employment of such an award made to an eligible employee, retary shall carry out the demonstration project service system; shall be’’; and under this section during the period beginning ‘‘(4) the total number of eligible veterans par- (ii) by striking the period at the end and in- on the date that is 60 days after the date of the ticipating in each program for the provision of serting the following: ‘‘; and’’; and enactment of this section and ending on Sep- employment and training services designed to (C) by adding at the end the following new tember 30, 2009. meet the needs of eligible veterans and eligible paragraph: ‘‘(h) AUTHORIZATION OF APPROPRIATIONS.— persons and the number of such veterans as a ‘‘(3) in the case of such an award made to an There are authorized to be appropriated to the percentage of the total number of participants employment service office, may be used by that Assistant Secretary to carry out this section in each such program; employment service office for any purpose.’’. $1,000,000 for each of fiscal years 2007 through ‘‘(5) for each State, the percentage of persons (b) CONFORMING AMENDMENT.—The heading 2009.’’. seeking employment in the State who are vet- for subsection (c) of such section is amended to (b) MEMBERSHIP OF ADVISORY COMMITTEE ON erans; read as follows: ‘‘ADMINISTRATION AND USE OF VETERANS EMPLOYMENT, TRAINING, AND EM- ‘‘(6) for each State, the number of veterans re- AWARDS.—’’. PLOYER OUTREACH.—Section 4110(c)(1)(A) of ferred to a small business development center in SEC. 308. DEPARTMENT OF LABOR IMPLEMENTA- such title is amended— that State and the number of veterans referred TION OF PRIORITY OF SERVICE FOR (1) by striking ‘‘Six’’ and inserting ‘‘Seven’’; to the National Veterans Business Development VETERANS REQUIREMENT. and Corporation established under section 33 of the Not later than one year after the date of the (2) by adding at the end the following new Small Business Act (15 U.S.C. 657c); enactment of this Act, the Secretary of Labor clause:

VerDate Aug 31 2005 03:40 Jul 25, 2006 Jkt 049060 PO 00000 Frm 00075 Fmt 4634 Sfmt 6333 E:\CR\FM\A24JY7.062 H24JYPT1 jcorcoran on PROD1PC62 with HOUSE H5644 CONGRESSIONAL RECORD — HOUSE July 24, 2006 ‘‘(vii) The National Governors Association.’’. New Hampshire (Mr. BRADLEY) and the Americans in our Nation’s Armed (c) CLERICAL AMENDMENT.—The table of sec- gentleman from Colorado (Mr. Forces by facilitating the establish- tions at the beginning of chapter 41 of such title SALAZAR) each will control 20 minutes. ment of veterans’ cemeteries on trust is amended by adding at the end the following The Chair recognizes the gentleman land. new item: from New Hampshire. Title II contains a provision that ‘‘4114. Demonstration project on credentialing Mr. BRADLEY of New Hampshire. would permanently authorize the VA and licensure of veterans.’’. Madam Speaker, I yield myself such Secretary to provide the family of a TITLE IV—EDUCATION time as I may consume. veteran interred in a private cemetery SEC. 401. EXCEPTION FOR INSTITUTIONS OFFER- (Mr. BRADLEY of New Hampshire with a government marker in addition ING GOVERNMENT-SPONSORED NONACCREDITED COURSES TO RE- asked and was given permission to re- to any headstone the family may have QUIREMENT OF REFUNDING UN- vise and extend his remarks.) provided. USED TUITION. Mr. BRADLEY of New Hampshire. Congress had given the Secretary a 5- Section 3676(c)(13) of title 38, United States Madam Speaker, I start out again by year authority effective for deaths that Code, is amended by striking ‘‘prior to comple- thanking my friend from Colorado for occurred as of September 11, 2001. This tion’’ and all that follows and inserting the fol- his work on this bill. lowing: ‘‘before completion and— bill would also expand the benefit to ‘‘(A) in the case of an institution other than Madam Speaker, I rise today in sup- include veterans who died between No- (i) a Federal, State, or local Government institu- port of H.R. 3082, as amended, the Vet- vember 1, 1990, and September 10, 2001. tion or (ii) an institution described in subpara- erans Small Business and Memorial Af- This provision would also permit the graph (B), such policy provides that the amount fairs Act of 2006. Secretary to offer a headstone in lieu charged to the eligible person for tuition, fees, Title I of this bill improves the sta- of a marker, if the family so requests. and other charges for a portion of the course tus of veteran and disabled veteran The simple elegance of the veteran’s shall not exceed the approximate pro rata por- small businesses when competing for marker, used since just after our Civil tion of the total charges for tuition, fees, and contracts at the Department of Vet- other charges that the length of the completed War in American cemeteries from Ar- portion of the course bears to its total length; erans Affairs. It would be a reasonable lington to Normandy, holds a sacred and expectation, Madam Speaker, that of place in the hearts of many veterans ‘‘(B) in the case of an institution that is a all the Federal Government’s agencies, and families. nonaccredited public educational institution, the Department of Veterans Affairs On behalf of Chairman BUYER, I want the institution has and maintains a refund pol- would be a leader in achieving the to thank a tireless supporter of our icy regarding the unused portion of tuition, President’s goal for annual procure- veterans—Representative NANCY JOHN- fees, and other charges that is substantially the ment from at least 3 percent disabled SON of Connecticut—for her persever- same as the refund policy followed by accredited veteran-owned businesses. Sadly, not. public educational institutions located within ance and leadership in working to en- the same State as such institution.’’. Our most recent data from fiscal year sure families the availability of this SEC. 402. EXTENSION OF WORK-STUDY ALLOW- 2005 indicates that VA did barely over unique symbol of service to our coun- ANCE. half of what the President asked and try. Section 3485(a)(4) of title 38, United States public law required. Title III of this bill contains provi- Code, is amended by striking ‘‘December 27, Deficient as it is, VA’s record beats sions affecting the Department of La- 2006’’ each place it appears and inserting ‘‘June many other agencies, including the De- bor’s Veterans Employment and Train- 30, 2007’’. partment of Defense. According to the ing Service. SEC. 403. REPORT ON IMPROVEMENT IN ADMINIS- Small Business Administration, only Title III would require the Veterans TRATION OF EDUCATIONAL ASSIST- ANCE BENEFITS. three of 81 Federal agencies met the Employment Training Service, other- Not later than 180 days after the date of the President’s 3 percent goal. wise known as VETS, to establish non- enactment of this Act, the Secretary of Veterans H.R. 3082, as amended, would require mandatory guidelines for disabled vet- Affairs shall submit to Congress a report on the the VA Secretary to establish annual erans outreach program specialists and administration of education benefits under contracting goals for small businesses local veterans employment representa- chapters 30, 31, 32, 34, 35, and 36 of title 38, owned and controlled by veterans and tives qualifications. United States Code, and chapters 1606 and 1607 service-disabled veterans. The goal for The bill would clarify that part-time of title 10, United States Code, that proposes service-disabled veterans shall not be employment of DVOPS and LVERs is methods to streamline the processes and proce- less than 3 percent. half-time employment and require that dures of administering such benefits. The Department of Veterans Affairs DVOPS and LVERs hired after date of SEC. 404. RESTORATION OF LOST ENTITLEMENT FOR INDIVIDUALS WHO HAD TO DIS- would also be required under title I to enactment to successfully complete CONTINUE A COURSE OF EDU- maintain and validate a database of training by the National Veterans CATION BECAUSE OF BEING OR- small businesses owned by veterans Training Institute within 3 years of ap- DERED TO FULL-TIME NATIONAL GUARD DUTY. and disabled veterans. pointment. States would be required to (a) RESTORATION OF ENTITLEMENT.—Section The bill would clarify veterans small develop a licensing and certification 3511(a)(2)(B)(i) of title 38, United States Code, is business competition rules for con- program for veterans within 2 years of amended by inserting after ‘‘title 10’’ the fol- tracts worth less than $5 million. enactment under title III of the bill. lowing: ‘‘or of being involuntarily ordered to Veteran and service-disabled, vet- A 5-year demonstration project full-time National Guard duty under section eran-owned small businesses would be would be authorized to allow Depart- 502(f) of title 32’’. given priority in VA contracting, as ment of Labor VETS to enter into con- (b) EFFECTIVE DATE.—The amendment made well as priority among other set-aside tracts with nongovernmental entities by subsection (a) shall apply with respect to a groups eligible for preferential treat- to carry out employment services in payment of educational assistance allowance made after September 11, 2001. ment under the Small Business Act. high unemployment areas using unobli- Title I of the bill would allow a busi- SEC. 405. TECHNICAL AMENDMENTS. gated funds and require GAO to report Section 3485 of title 38, United States Code, is ness’ status as a veteran or disabled on the demonstration project. amended— veteran-owned small business to con- Finally, title III would establish a 3- (1) in subsection (a)(4)(E), by inserting ‘‘or tinue for a period of 10 years following year demonstration project to identify 1607’’ after ‘‘chapter 1606’’; the death of the veteran owner if the not less than 10 military occupational (2) in subsection (b), by striking ‘‘chapter 106’’ surviving spouse owns the business. specialties that would lead to State li- and inserting ‘‘chapter 1606 or 1607’’; and Under title II of the bill, tribal gov- censing and authorize $1 million for the (3) in subsection (e)(1)— ernments would be allowed to partici- fiscal years 2007 through 2009. (A) by striking ‘‘services of the kind described in clauses (A) through (E) of subsection (a)(1) of pate in VA’s State Cemetery Grants The final title of the bill would make this section’’ and inserting ‘‘a qualifying work- Program. This program, which dates modification to the veterans’ edu- study activity described in subsection (a)(4)’’; back to 1978, complements the Depart- cation programs. and ment’s national cemetery system. Title IV would clarify pro rata refund (B) by striking ‘‘chapter 106’’ and inserting Tribal governments, however, are not policy for nonaccredited educational ‘‘chapter 1606 or 1607’’. eligible to participate. This bill would institutions; extend authorization for The SPEAKER pro tempore. Pursu- correct that deficiency and help recog- work-study positions located at vet- ant to the rule, the gentleman from nize the unexcelled service of Native erans cemeteries, State veterans

VerDate Aug 31 2005 03:40 Jul 25, 2006 Jkt 049060 PO 00000 Frm 00076 Fmt 4634 Sfmt 0634 E:\CR\FM\A24JY7.062 H24JYPT1 jcorcoran on PROD1PC62 with HOUSE July 24, 2006 CONGRESSIONAL RECORD — HOUSE H5645 homes, and State approving agencies permanent the VA’s authority to pro- fits that fully recognize the sacrifices through June 30, 2007. It would further vide headstones and markers for vet- these men and women made in defense require the VA to report on methods to erans interred in private cemeteries. of our Nation. Our gratitude should be improve and streamline the adminis- Madam Speaker, the VA National expressed not only in the education trative processes and procedures of Cemetery Administration consistently and employment benefits we provide education programs in chapters 30 ranks as one of the best agencies in them in life, but also through perma- through 36, and restore lost entitle- government. We, in Congress, must nent remembrance of their service that ment for certain chapter 35 education continue to do all we can to assist NCA we provide upon their passing. beneficiaries forced to discontinue a to remain at the top. I thank the committee for including course of education due to being called Madam Speaker, I support H.R. 3082, the grave marker provision in this bill, to full-time National Guard duty. as amended, and appreciate the work of and I thank Secretary Nicholson and Madam Speaker, I reserve the bal- the committee and the staff in devel- the VA for offering it their enthusi- ance of my time. oping these measures in a bipartisan astic endorsement. Mr. SALAZAR. Madam Speaker, I and professional manner. The service- I urge all my colleagues to join me in yield myself as much time as I may members, veterans and military fami- passing this important benefit for consume. lies of this Nation have earned and de- America’s veterans as part of this larg- I rise today in strong support of H.R. serve our best efforts here in Congress. er upgrading of other veterans benefits. 3082, as amended, the Veterans Small Indeed, they deserve even more. I thank you for allowing me this op- Business Administration and Memorial I urge all the Members to support portunity, and I thank the committee Affairs Act of 2006. This bill incor- this legislation. for its vigilance by Members on both Madam Speaker, I reserve the bal- porates a host of important measures sides of the aisle in regard to the inter- aimed at improving employment and ance of my time. Mr. BRADLEY of New Hampshire. ests of our veterans and the ever- small business opportunities for serv- Madam Speaker, I yield 4 minutes to changing needs of them as they age and icemembers and veterans, as well as the gentlewoman from Connecticut as the shape of their lives change. provisions to enhance the VA’s capa- So I thank you, I thank the staff (Mrs. JOHNSON), and recognize her for bility to honorably memorialize our her hard work on this issue. Members, and I appreciate this oppor- fallen soldiers and heroes and comfort Mrs. JOHNSON of Connecticut. tunity to support this bill. their families. Madam Speaker, I thank my colleague b 1645 I would like to thank Chairman from New Hampshire (Mr. BRADLEY) for BUYER and Ranking Member LANE Mr. SALAZAR. Madam Speaker, I the opportunity to speak in support of would like to yield 3 minutes to a val- EVANS for their leadership in the full this bill and particularly to thank him committee, as well as all of my col- ued member of the Veterans Affairs and to thank the chairman, Mr. BUYER, Committee, the distinguished gen- leagues on the full committee for their and the subcommittee chairman, Mr. assistance in moving this bill to the tleman from New Mexico (TOM UDALL). MILLER, for the work they have done to Mr. UDALL of New Mexico. Madam floor today. address the needs of our veterans and Speaker, I thank my good friend and I especially want to express my ap- to accommodate the measures of my- neighbor, the gentleman from Colo- preciation to the chairman and rank- self and other colleagues’ ideas we have rado, and I rise today in support of to- ing member of the Economic Oppor- brought to your attention in this bill. tunity Subcommittee, Congressman I am particularly grateful that you day’s veterans legislation, specifically JOHN BOOZMAN of Arkansas and Con- have included my bill in this reauthor- H.R. 3082, which includes the Native gresswoman STEPHANIE HERSETH of ization and will extend a provision for American Veterans Cemetery Act, leg- South Dakota, for all their hard work government furnished grave markers, islation I introduced early last year. and bipartisan leadership on the sub- because this bill arises from the experi- I would like to thank House Veterans committee this session. ence of my constituents and the dis- Affairs Committee Chairman BUYER I look forward to the committee be- tress of families I represent at the de- and Ranking Member EVANS for their ginning discussions with the Senate to mise of an old benefit for at least a cer- leadership on H.R. 3082. I would also ensure passage of a bipartisan, bi- tain number of years. like to personally thank committee cameral veterans’ benefits package for The grave marker benefit enables all staff member Mary Ellen McCarthy for this year. I know that the veterans of veterans to receive a headstone or her tireless work on this and other im- my State of Colorado and all the vet- grave marker commemorating their portant veterans issues, and thank my erans of this great country will appre- service to our country, at no cost to legislative assistant, Pablo Duran, for ciate the important benefits and me- their families. There was a time when his hard work on this bill. morial improvements that we have in- this benefit was available to all vet- One of the missions of the Depart- cluded in this legislative measure. erans, and then it was not available for ment of Veterans Affairs is to provide Madam Speaker, H.R. 3082, as amend- a variety of reason, although it was un- the men and women of the U.S. Armed ed, incorporates important provisions even. It was available to some veterans Services with a final resting place, a from a number of Members interested and not others because of the regu- mission accomplished through the 122 in improving the quality of life of our latory complexity of the governing of a national cemeteries maintained by the veterans. Specifically, this legislation simple benefit. VA. In addition, a State grant program would provide greater incentives for In 2001, it was enacted and 7,500 fami- through the VA allows for construction the Department of Veterans Affairs to lies nationwide took advantage of this of State cemeteries, thereby giving continue to improve its performance provision, and that number continues most veterans a chance to be laid to with respect to contracting with vet- to grow each year. rest close to home. eran-owned small businesses. One of the families that was enabled However, many Native American vet- It would enhance employment coun- to benefit after 2001 was the family of erans who live on tribal lands do not seling, job training and credentialing Agostino Guzzo, a World War II veteran have such an opportunity. This legisla- services for servicemembers from my home State of Connecticut, tion would change that. Tribal govern- transitioning out of the military and who inspired the legislation in 2001 and ments would be put on the same foot- seeking to enter the civilian work- who has inspired this legislation that ing as States, consistent with tribal force. The legislation also seeks to im- we pass here today as part of this larg- sovereignty, by allowing them to apply prove the veterans’ education claims er bill. It was his son that brought to for grants to establish, expand, and im- processing system. my attention the quirk in the law and prove tribal veterans cemeteries. Additionally, in the area of memorial law procedures that was allowing some In addition to many cosponsors from affairs, the bill would authorize the VA veterans, while denying other veterans both sides of the aisle, the legislation to provide State cemetery grants to an enduring recognition of their serv- enjoys the support of the Navajo Na- tribal governments seeking to estab- ice to our country. tion, the State legislatures of Arizona lish, expand or improve State veterans’ Like you, I remain committed to pro- and New Mexico, the National Amer- cemeteries. And finally, it would make viding America’s veterans with bene- ican Indian Veterans organization, and

VerDate Aug 31 2005 03:40 Jul 25, 2006 Jkt 049060 PO 00000 Frm 00077 Fmt 4634 Sfmt 0634 E:\CR\FM\K24JY7.064 H24JYPT1 jcorcoran on PROD1PC62 with HOUSE H5646 CONGRESSIONAL RECORD — HOUSE July 24, 2006 the VA itself. In fact, VA Secretary ties for federal agencies. Additionally, friend from my home state of Arkansas, Mr. Nicholson stated that this legislation Executive Order 13360 encouraged Fed- BOOZMAN, for his leadership on this important ‘‘would create another means of accom- eral agencies to meet the goals for vet- and timely topic. modating the burial needs of Native eran-owned businesses. The Small Business Association believes American veterans who wish to be bur- Unfortunately, agencies have not that approximately 4 million small businesses ied in tribal lands.’’ I couldn’t agree been successful in meeting the goals. It in the United States are owned by veterans. more. is truly regrettable that according to Many of the 4 million veteran owned busi- Madam Speaker, I strongly support Small Business Administration data nesses are owned by veterans that were per- allowing Native American veterans the that only three of eighty-one Federal manently disabled while serving this country. chance to be buried on tribal lands, departments and agencies have met the This legislation makes a step toward paying close to their ancestors and with the three percent goal currently in law for our debt to America’s veterans by ensuring full dignity and honor they earned service-disabled veteran-owned busi- that veterans are not overlooked by the Small through their service. I am hopeful ness. VA was not one of those three, I Business Administration. H.R. 3082 requires that my legislation, through H.R. 3082, feel VA must set an example for the the Secretary of Veterans Affairs to establish will be fully supported by this body. rest of the government. annual contracting goals for the Department of Mr. BRADLEY of New Hampshire. I want to make it plain that the in- Veterans Affairs (VA) to enter into with small Madam Speaker, I close by com- tent of this bill is to put veteran-owned businesses owned and controlled by veterans mending the work of the chairman of businesses, especially service-disabled and service-disabled veterans. The goal for the committee, Chairman BUYER, veteran-owned businesses at the front service-disabled, veteran-owned small busi- Ranking Member EVANS, Acting Rank- of the line for set aside opportunities nesses would not be less than three percent. ing Member FILNER, and my colleagues at the Department of Veterans Affairs. Additionally, H.R. 3082 makes strides to- Mr. SALAZAR and Mr. UDALL for their This is a small way for the nation to ward ensuing that our veterans receive impor- hard work on this legislation. show its appreciation for not only the tant employment training services to meet the I would also like to take this oppor- service these men and women have ren- needs of our increasingly technologically driv- tunity to thank the staff of the Vet- dered to the nation, but also for their en economy. I am a strong believer in the util- erans Affairs Committee on a bipar- entrepreneurial spirit that drives our ity of employment training and will continue to tisan basis, not only for their hard economy. work in the Committee on Education and the work on this bill, but the two prior Many servicemembers, upon leaving Workforce to expand employment training so bills we have discussed this afternoon. the Armed Forces, seek employment that we remain competitive in the 21st century. GENERAL LEAVE within a field similar to their occupa- I hope that the efficacy of vocational training Mr. BRADLEY of New Hampshire. tional specialties. However, there are will once again be demonstrated by this pro- Madam Speaker, I ask unanimous con- several barriers that veterans may face gram and that this body will invest sufficiently sent that all Members may have 5 leg- when trying to be certified in these in employment training programs. Improved islative days in which to revise and ex- fields in their home states. job skills make a real difference for both work- tend their remarks and include extra- When we marked up this legislation ers and our economy. Ms HERSETH. Madam Speaker, I would neous material on H.R. 3082, as amend- in the Economic Opportunity Sub- like to take this opportunity to express my sup- ed. committee of the Committee on Vet- port for the Veterans’ Small Business and Me- The SPEAKER pro tempore. Is there erans’ Affairs, of which I chair, I in- morial Affairs Act, H.R. 3082. I also would like objection to the request of the gen- serted in my Chairman’s Amendment, to thank Rep. JOHN BOOZMAN, the Chairman of tleman from New Hampshire? a provision that would require states the Economic Opportunity Subcommittee, for There was no objection. to develop a licensing and certification his leadership on the small business provi- Mr. BRADLEY of New Hampshire. program as a condition of receiving a grant from the Department of Labor’s sions included in this bill. Madam Speaker, I ask my colleagues As the Ranking Member of the Economic Veterans’ Employment and Training to unanimously support H.R. 3082, as Opportunity Subcommittee, I am proud to Service (VETS). The states will have 2 amended. have helped develop and strongly support the Madam Speaker, I have no further re- years after the date enactment to do education, training, and employment measures quests for time, and I yield back the this. contained in H.R. 3082. balance of my time. It is also important for the people as- These provisions are intended to improve Mr. SALAZAR. Madam Speaker, I sisting veterans with employment to veterans’ small-business opportunities, job- would also like to thank my colleague have the proper qualifications and training, and employment services, as well as from New Hampshire (Mr. BRADLEY) for training to meet the needs of veterans. the licensing and certification process for his tireless efforts in addressing the Therefore, my Chairman’s Amendment servicemembers transitioning into the civilian veterans issues of this great country. also included a provision that would re- workforce. Mr. BOOZMAN. Mr. Speaker, I am quire VETS to establish guidelines for Our nation’s servicemembers, veterans and proud to rise today in support legisla- non-mandatory professional qualifica- military families have earned the benefits and tion that I introduced, H.R. 3082, the tions for Disabled Veterans Outreach opportunities provided within this legislation. Veteran Small Business and Memorial Program Specialists (DVOPS) and Again, I am pleased to support the measures Affairs Act of 2006. This is an impor- Local Veterans Employment Rep- contained in the Veterans’ Small Business and tant piece of legislation that will im- resentatives (LVERs). This bill would Memorial Affairs Act and encourage my col- prove veterans’ benefits programs. also require that all DVOPS and leagues to support the bill. I would like to take this opportunity LVERs successfully complete training Mr. MILLER of Florida. Madam to highlight a few of the provisions by the National Veterans’ Training In- Speaker, the provisions in title two that would enhance small business and stitute. originated in the Subcommittee on employment opportunities for vet- Madam Speaker, veterans as a group Disability Assistance and Memorial Af- erans. is one of this nation’s largest assets. fairs. This bill would require the Depart- Their small businesses are very suc- Section 201 would allow tribal gov- ment of Veterans Affairs to give pri- cessful and they have proven to be ex- ernments to participate in the State ority to small businesses owned by vet- cellent employees. The employment Cemetery Grants Program to establish, erans and service-disabled veterans and entrepreneurial tools within H.R. expand, and improve veterans’ ceme- when awarding contracts, even when 3082 would give our veterans the ‘‘leg- teries on trust lands. contracting officers choose to use an- up’’ that they deserve. The Department of Veterans Affairs’ other set aside authority such as 8(a) Madam Speaker, I urge my col- State Cemetery Grants Program was or HUBZones. leagues to support H.R. 3082, as amend- established in 1978 to complement VA’s Madam Speaker, there have been pre- ed. National Cemetery system. VA will vious attempts to promote veteran- Mr. DAVIS of Illinois. Madam Speaker, I rise pay for the construction costs, and owned small businesses to the Federal today in support of H.R. 3082, the Veterans states are responsible for providing the agencies. Public Laws 106–50 and 108– Small Business and Memorial Affairs Act of land and ongoing operating and main- 183 set goals and set aside opportuni- 2006. I would also like to commend my good tenance expenses.

VerDate Aug 31 2005 03:40 Jul 25, 2006 Jkt 049060 PO 00000 Frm 00078 Fmt 4634 Sfmt 0634 E:\CR\FM\K24JY7.067 H24JYPT1 jcorcoran on PROD1PC62 with HOUSE July 24, 2006 CONGRESSIONAL RECORD — HOUSE H5647 There are currently 60 state ceme- I urge my colleagues to support H.R. [Roll No. 394] teries and two under construction, and 3082, as amended. YEAS—358 states are planning to open 18 new Mr. SALAZAR. Madam Speaker, I Abercrombie Emerson Lynch state veterans’ cemeteries between 2007 have no further requests for time, and Ackerman English (PA) Maloney and 2010. I yield back the balance of my time. Aderholt Eshoo Manzullo Owing to the success of the State The SPEAKER pro tempore. The Akin Etheridge Marchant Cemetery Grants Program, Congress question is on the motion offered by Alexander Farr Markey made it permanent in Public Law 108– Allen Fattah Marshall the gentleman from New Hampshire Baca Ferguson Matsui 183. However, tribal governments are (Mr. BRADLEY) that the House suspend Baird Fitzpatrick (PA) McCarthy not considered eligible for these ceme- the rules and pass the bill, H.R. 3082, as Baker Foley McCollum (MN) tery grants. This section will provide amended. Baldwin Forbes McCotter Native American veterans the oppor- Barrett (SC) Fortenberry McCrery The question was taken; and (two- Barrow Fossella McDermott tunity to be buried in a veterans’ ceme- thirds having voted in favor thereof) Bartlett (MD) Foxx McGovern tery on trust land. the rules were suspended and the bill, Barton (TX) Frank (MA) McHenry Madam Speaker, I’d like to thank as amended, was passed. Bass Frelinghuysen McHugh Representative Tom Udall, a member Bean Garrett (NJ) McIntyre The title of the bill was amended so Berkley Gerlach McKeon of the Subcommittee, for bringing this as to read: ‘‘A bill to amend title 38, Berry Gilchrest McMorris issue to our attention so we could in- United States Code, to make improve- Biggert Gillmor McNulty clude it in the bill under consideration ments to small business, memorial af- Bilirakis Gingrey Meehan today. Bishop (GA) Gohmert Meek (FL) fairs, education, and employment pro- Bishop (NY) Gonzalez Meeks (NY) Section 202 would make permanent grams for veterans, and for other pur- Blackburn Goode Melancon the Secretary’s authority to furnish a poses.’’. Blumenauer Goodlatte Mica Blunt Gordon government marker for veterans in- A motion to reconsider was laid on Michaud terred in a marked grave at a private Boehlert Granger Miller (FL) the table. Boehner Graves cemetery, as well as offering a head- Miller (MI) f Bonilla Green, Al Miller (NC) stone in lieu of a marker, if requested Bonner Green, Gene Miller, Gary by the family. The headstone or mark- RECESS Bono Grijalva Miller, George er would be placed on the grave, or as Boozman Gutknecht Mollohan The SPEAKER pro tempore. Pursu- Boren Hall Moore (KS) close to it as practicable. ant to clause 12(a) of rule I, the Chair Boswell Hart Moore (WI) The current five-year authority, declares the House in recess until ap- Boucher Hastings (FL) Moran (KS) Boustany Hastings (WA) which was effective for deaths that oc- proximately 6:30 p.m. today. Murphy Bradley (NH) Hayes Murtha curred as of September 11, 2001, expires Accordingly (at 4 o’clock and 50 min- Brady (PA) Hayworth on December 31st of this year. Prior to Musgrave utes p.m.), the House stood in recess Brown (SC) Hensarling Myrick this authority, if a veteran was buried until approximately 6:30 p.m. Brown-Waite, Herger Nadler at a private cemetery and the family Ginny Higgins Napolitano f Burgess Hinchey Neal (MA) purchased a private headstone, the vet- Burton (IN) Hobson b 1830 Neugebauer eran was ineligible for a government Butterfield Holden Ney marker. Buyer Holt Northup AFTER RECESS Calvert Hooley We would also expand the benefit to Norwood Camp (MI) Hoyer The recess having expired, the House Nunes include veterans who died between No- Campbell (CA) Hulshof Oberstar vember 1, 1990 and September 10, 2001. was called to order by the Speaker pro Cantor Hunter Obey tempore (Mrs. CAPITO) at 6 o’clock and Capito Hyde I want to recognize Representative Olver Capps Inglis (SC) Nancy Johnson, who has been cham- 30 minutes p.m. Osborne Capuano Inslee Otter pioning this cause for over five years. I f Cardin Israel Owens appreciate her working with the Sub- Cardoza Jackson (IL) ANNOUNCEMENT BY THE SPEAKER Pallone Carnahan Jenkins committee to ensure that veterans and Pascrell PRO TEMPORE Castle Jindal their families continue to have access Pastor The SPEAKER pro tempore. Pursu- Chabot Johnson (CT) to symbolic expressions of remem- Chandler Johnson (IL) Payne brance. ant to clause 8 of rule XX, proceedings Chocola Johnson, E. B. Pearce will resume on motions to suspend the Cleaver Jones (NC) Pelosi Finally, section 203 would authorize Pence the Secretary to permit the placement rules previously postponed. Clyburn Jones (OH) Coble Kanjorski Peterson (MN) of a memorial headstone or marker in Votes will be taken in the following Cole (OK) Kaptur Peterson (PA) a national cemetery when a child’s re- order: Conaway Keller Petri S. 1496, by the yeas and nays; Conyers Kelly Pickering mains are unavailable for burial. Pitts If feasible, VA would be authorized to S. 203, by the yeas and nays; Cooper Kennedy (MN) Costa Kennedy (RI) Platts add a memorial inscription to a vet- H.R. 5534, by the yeas and nays. Cramer Kildee Poe eran’s headstone rather than providing The first and third electronic votes Crenshaw Kind Pombo will be conducted as 15-minute votes. Crowley King (IA) Pomeroy a separate marker for the minor child. Porter Currently, VA may provide a memo- The second vote in this series will be a Cubin Kirk Cuellar Kline Price (GA) rial headstone or marker for a veteran, 5-minute vote. Cummings Knollenberg Price (NC) spouse, or surviving spouse when re- f Davis (AL) Kolbe Pryce (OH) mains are unavailable. Davis (IL) Kucinich Putnam Radanovich However, if a spouse and child die at ELECTRONIC DUCK STAMP ACT OF Davis (KY) Kuhl (NY) 2005 Davis (TN) LaHood Rahall the same time and in the same manner, Davis, Tom Langevin Ramstad and the remains for neither are avail- The SPEAKER pro tempore. The Deal (GA) Lantos Rangel able, a veteran cannot receive a memo- pending business is the question of sus- DeFazio Larsen (WA) Regula DeGette Larson (CT) Rehberg rial headstone honoring the child. This pending the rules and passing the Sen- Delahunt Latham Reichert section would correct an inequity in ate bill, S. 1496. DeLauro LaTourette Reyes current law. Since 2002, VA has re- The Clerk read the title of the Senate Dent Leach Reynolds bill. Diaz-Balart, L. Lee Rogers (AL) ceived three such requests. Diaz-Balart, M. Levin Rogers (MI) I want to thank Ms. BERKLEY, the The SPEAKER pro tempore. The Dicks Lewis (CA) Rohrabacher other members of the Subcommittee, question is on the motion offered by Dingell Lewis (GA) Ros-Lehtinen and staff on both sides of the aisle for the gentleman from Oregon (Mr. WAL- Doggett Lewis (KY) Ross Doolittle Linder Rothman their work on the provisions incor- DEN) that the House suspend the rules Doyle Lipinski Roybal-Allard porated in title two of the amendment. and pass the Senate bill, S. 1496, on Drake LoBiondo Royce I also thank Chairman BUYER, Ranking which the yeas and nays are ordered. Dreier Lofgren, Zoe Ruppersberger Member EVANS, and Acting Ranking The vote was taken by electronic de- Duncan Lowey Ryan (OH) Edwards Lucas Ryan (WI) Member FILNER for their continued vice, and there were—yeas 358, nays 4, Ehlers Lungren, Daniel Ryun (KS) leadership. not voting 70, as follows: Emanuel E. Salazar

VerDate Aug 31 2005 03:40 Jul 25, 2006 Jkt 049060 PO 00000 Frm 00079 Fmt 4634 Sfmt 0634 E:\CR\FM\A24JY7.065 H24JYPT1 jcorcoran on PROD1PC62 with HOUSE H5648 CONGRESSIONAL RECORD — HOUSE July 24, 2006 Sa´ nchez, Linda Smith (NJ) Upton ANNOUNCEMENT BY THE SPEAKER McHugh Porter Smith (NJ) T. Smith (TX) Van Hollen PRO TEMPORE McIntyre Price (NC) Smith (TX) Sanders Smith (WA) Vela´ zquez McKeon Pryce (OH) Smith (WA) Saxton Snyder Visclosky The SPEAKER pro tempore. Without McMorris Putnam Snyder Schakowsky Sodrel Walden (OR) objection, 5-minute voting will con- McNulty Radanovich Sodrel Schiff Solis Walsh Meehan Rahall Solis Schmidt Souder Wamp tinue. Meeks (NY) Ramstad Souder Schwartz (PA) Spratt Wasserman There was no objection. Melancon Rangel Spratt Schwarz (MI) Stark Schultz Mica Regula Stark Scott (GA) Stearns Waters f Michaud Rehberg Stupak Scott (VA) Stupak Watson Miller (MI) Reichert Sweeney Sensenbrenner Sweeney Watt NATIONAL HERITAGE AREAS ACT Miller (NC) Reyes Tanner Serrano Tanner Waxman OF 2005 Miller, Gary Reynolds Tauscher Sessions Tauscher Weldon (FL) Miller, George Rogers (AL) The SPEAKER pro tempore. The Taylor (MS) Shadegg Taylor (MS) Weldon (PA) Mollohan Rogers (MI) Taylor (NC) Shaw Taylor (NC) Weller Moore (KS) Ros-Lehtinen pending business is the question of sus- Terry Shays Terry Wicker Moore (WI) Ross pending the rules and passing the Sen- Thomas Sherman Thomas Wilson (NM) Moran (KS) Rothman Thompson (CA) Sherwood Thompson (CA) Wilson (SC) ate bill, S. 203, as amended. Murphy Roybal-Allard Thompson (MS) Shimkus Thompson (MS) Wolf The Clerk read the title of the Senate Murtha Ruppersberger Tiahrt Shuster Thornberry Woolsey bill. Musgrave Rush Simmons Tiahrt Wu Nadler Ryan (OH) Tiberi Simpson Tiberi Wynn The SPEAKER pro tempore. The Napolitano Ryun (KS) Turner Skelton Turner Young (AK) question is on the motion offered by Neal (MA) Salazar Udall (NM) Slaughter Udall (NM) Young (FL) the gentleman from Oregon (Mr. WAL- Ney Sa´ nchez, Linda Upton Van Hollen DEN) that the House suspend the rules Northup T. NAYS—4 Nunes Sanders Vela´ zquez Visclosky Flake Mack and pass the Senate bill, S. 203, as Oberstar Saxton Walden (OR) Franks (AZ) Tancredo amended, on which the yeas and nays Obey Schakowsky are ordered. Olver Schiff Walsh NOT VOTING—70 Osborne Schmidt Wamp This will be a 5-minute vote. Otter Schwartz (PA) Wasserman Andrews Feeney Matheson The vote was taken by electronic de- Schultz Bachus Filner McCaul (TX) Owens Schwarz (MI) Waters Beauprez Ford McKinney vice, and there were—yeas 323, nays 39, Pallone Scott (GA) Watson Becerra Gallegly Millender- Pascrell Scott (VA) not voting 70, as follows: Watt Berman Gibbons McDonald Pastor Sensenbrenner [Roll No. 395] Waxman Bilbray Green (WI) Moran (VA) Payne Serrano Weldon (PA) Bishop (UT) Gutierrez Nussle YEAS—323 Pearce Sessions Weller Boyd Harman Ortiz Pelosi Shaw Abercrombie Cubin Hooley Wicker Brady (TX) Harris Oxley Peterson (MN) Shays Ackerman Cuellar Hoyer Wilson (NM) Brown (OH) Hefley Paul Peterson (PA) Sherman Alexander Cummings Hulshof Wilson (SC) Brown, Corrine Herseth Renzi Petri Sherwood Allen Davis (AL) Hunter Wolf Cannon Hinojosa Rogers (KY) Pickering Shimkus Baca Davis (IL) Hyde Pitts Shuster Woolsey Carson Hoekstra Rush Baird Davis (KY) Inglis (SC) Carter Honda Sabo Platts Simmons Wu Baker Davis (TN) Inslee Poe Simpson Wynn Case Hostettler Sanchez, Loretta Baldwin Davis, Tom Israel Clay Issa Strickland Pombo Skelton Young (AK) Barrett (SC) DeFazio Jackson (IL) Pomeroy Slaughter Young (FL) Costello Istook Sullivan Barrow DeGette Jindal Culberson Jackson-Lee Tierney Barton (TX) Delahunt Johnson (CT) NAYS—39 Davis (CA) (TX) Towns Bass DeLauro Johnson (IL) Davis (FL) Jefferson Udall (CO) Aderholt Gohmert Neugebauer Bean Dent Johnson, E. B. Akin Goode Norwood Davis, Jo Ann Johnson, Sam Weiner Berkley Diaz-Balart, L. Jones (OH) Bartlett (MD) Goodlatte Pence Engel Kilpatrick (MI) Westmoreland Berry Diaz-Balart, M. Kanjorski Blackburn Hayes Price (GA) Evans King (NY) Wexler Biggert Dicks Kaptur Chocola Hensarling Rohrabacher Everett Kingston Whitfield Bilirakis Dingell Keller Coble Herger Royce Bishop (GA) Doggett Kelly Conaway Jenkins Bishop (NY) Doolittle Kennedy (MN) Ryan (WI) b 1857 Deal (GA) Jones (NC) Shadegg Blumenauer Doyle Kennedy (RI) Duncan King (IA) Stearns Mrs. MYRICK, Mr. SCOTT of Vir- Blunt Drake Kildee Feeney Lungren, Daniel Tancredo Boehlert Dreier Kind Flake E. ginia, Mrs. NAPOLITANO and Mr. Thornberry Boehner Edwards Kirk Foxx Marchant MCNULTY changed their vote from Bonilla Ehlers Kline Franks (AZ) Miller (FL) Weldon (FL) ‘‘nay’’ to ‘‘yea.’’ Bonner Emanuel Knollenberg Gingrey Myrick So (two-thirds of those voting having Bono Emerson Kolbe Boozman English (PA) Kucinich NOT VOTING—70 responded in the affirmative) the rules Boren Eshoo Kuhl (NY) Andrews Everett Matheson were suspended and the Senate bill was Boswell Etheridge LaHood Bachus Filner McCaul (TX) passed. Boucher Farr Langevin Beauprez Ford McKinney Boustany Fattah Lantos The result of the vote was announced Becerra Gallegly Meek (FL) Bradley (NH) Ferguson Larsen (WA) Berman Gibbons Millender- as above recorded. Brady (PA) Fitzpatrick (PA) Larson (CT) Bilbray Green (WI) McDonald A motion to reconsider was laid on Brown (SC) Foley Latham Bishop (UT) Gutierrez Moran (VA) the table. Brown-Waite, Forbes LaTourette Boyd Harman Nussle Ginny Fortenberry Leach Brady (TX) Harris Ortiz Stated for: Burgess Fossella Lee Brown (OH) Hefley Oxley Mr. FILNER. Madam Speaker, on rollcall Burton (IN) Frank (MA) Levin Brown, Corrine Herseth Paul No. 394, S. 1496, I was held up with airplane Butterfield Frelinghuysen Lewis (CA) Cannon Hinojosa Renzi Buyer Garrett (NJ) Lewis (GA) Cantor Hoekstra Rogers (KY) problems. Had I been present, I would have Calvert Gerlach Lewis (KY) Carson Honda Sabo voted ‘‘yea.’’ Camp (MI) Gilchrest Linder Carter Hostettler Sanchez, Loretta Campbell (CA) Gillmor Lipinski Case Issa Strickland Capito Gonzalez LoBiondo f Clay Istook Sullivan Capps Gordon Lofgren, Zoe Costello Jackson-Lee Tierney Capuano Granger Lowey Culberson (TX) Towns MOMENT OF SILENCE OBSERVED Cardin Graves Lucas Davis (CA) Jefferson Udall (CO) Cardoza Green, Al Lynch Davis (FL) Johnson, Sam Weiner IN MEMORY OF OFFICER JACOB Carnahan Green, Gene Mack Davis, Jo Ann Kilpatrick (MI) Westmoreland J. CHESTNUT AND DETECTIVE Castle Grijalva Maloney Engel King (NY) Wexler JOHN M. GIBSON Chabot Gutknecht Manzullo Evans Kingston Whitfield Chandler Hall Markey The SPEAKER pro tempore. Pursu- Cleaver Hart Marshall b 1909 Clyburn Hastings (FL) Matsui ant to the Chair’s announcement of Cole (OK) Hastings (WA) McCarthy Mrs. BLACKBURN changed her vote earlier today, the House will now ob- Conyers Hayworth McCollum (MN) from ‘‘yea’’ to ‘‘nay.’’ serve a moment of silence in the mem- Cooper Higgins McCotter So (two-thirds of those voting having ory of Officer Jacob J. Chestnut and Costa Hinchey McCrery responded in the affirmative) the rules Cramer Hobson McDermott Detective John M. Gibson. Crenshaw Holden McGovern were suspended and the Senate bill, as Please rise for a moment of silence. Crowley Holt McHenry amended, was passed.

VerDate Aug 31 2005 04:55 Jul 25, 2006 Jkt 049060 PO 00000 Frm 00080 Fmt 4634 Sfmt 0634 E:\CR\FM\A24JY7.044 H24JYPT1 jcorcoran on PROD1PC62 with HOUSE July 24, 2006 CONGRESSIONAL RECORD — HOUSE H5649 The result of the vote was announced He was a guy who demonstrated in so Knollenberg Neugebauer Scott (VA) as above recorded. many different ways his unflinching Kolbe Ney Serrano Kucinich Northup Sessions A motion to reconsider was laid on loyalty and his deep commitment to Kuhl (NY) Norwood Shadegg the table. and faith in all of those things that he LaHood Nunes Shaw Stated for: really believed in, his heritage, his reli- Langevin Oberstar Shays Lantos Obey gion, his party, his profession, his Sherman Mr. FILNER. Madam Speaker, on rollcall Larsen (WA) Olver Sherwood No. 395, S. 203, I was held up with airplane country, but, most of all, his family. Larson (CT) Osborne Shimkus problems. Had I been present, I would have I think we are the lesser for Tom Latham Otter Shuster voted ‘‘yea.’’ Manton’s passing, but we are the great- LaTourette Owens Simmons Leach Pallone Simpson f er because he touched our lives. Lee Pascrell Skelton Levin Pastor f Slaughter PERSONAL EXPLANATION Lewis (CA) Payne Smith (NJ) Lewis (GA) Pearce PROVIDING GRANTS TO EXPAND Smith (TX) Ms. MCKINNEY. Madam Speaker, I was un- Lewis (KY) Pelosi Smith (WA) avoidably delayed getting to the floor due to INFRASTRUCTURE NECESSARY Linder Pence Snyder TO INCREASE AVAILABILITY OF Lipinski Peterson (MN) Sodrel Delta Flight #634 being delayed due to bad LoBiondo Peterson (PA) weather in the area and missed rollcall vote ALTERNATIVE FUELS Solis Lofgren, Zoe Petri Souder Lowey Pickering Nos. 394 and 395 on July 24, 2006. Had I The SPEAKER pro tempore. The Spratt Lucas Pitts been present, I would have voted ‘‘yea.’’ Stark pending business is the question of sus- Lungren, Daniel Platts Stearns pending the rules and passing the bill, E. Poe f Stupak Lynch Pombo H.R. 5534, as amended. Sweeney PERSONAL EXPLANATION Mack Pomeroy Tancredo The Clerk read the title of the bill. Maloney Porter Tanner Mrs. DAVIS of California. Madam Speaker, The SPEAKER pro tempore. The Manzullo Price (GA) Tauscher Marchant Price (NC) I missed the following two votes, Nos. 394 and question is on the motion offered by Taylor (MS) Markey Pryce (OH) 395, due to a delayed flight from San Diego. the gentleman from Oregon (Mr. WAL- Taylor (NC) Marshall Putnam I would have voted ‘‘yea’’ on S. 1496 and S. DEN) that the House suspend the rules Matsui Radanovich Terry 203. and pass the bill, H.R. 5534, as amend- McCarthy Rahall Thompson (CA) Thompson (MS) ed, on which the yeas and nays are or- McCollum (MN) Ramstad f McCotter Rangel Thornberry dered. McCrery Regula Tiahrt IN HONOR OF THE LATE The vote was taken by electronic de- McDermott Rehberg Tiberi CONGRESSMAN TOM MANTON vice, and there were—yeas 355, nays 9, McGovern Reichert Turner Udall (NM) not voting 68, as follows: McHugh Reyes (Mr. RANGEL asked and was given McIntyre Reynolds Upton permission to address the House for 1 [Roll No. 396] McKeon Rogers (AL) Van Hollen minute.) McKinney Rogers (MI) Vela´ zquez YEAS—355 Visclosky Mr. RANGEL. Madam Speaker and McNulty Rohrabacher Abercrombie Chandler Garrett (NJ) Meehan Ros-Lehtinen Walden (OR) my colleagues, last Saturday, we lost Ackerman Chocola Gerlach Meeks (NY) Ross Walsh Tom Manton. Many of you worked with Aderholt Cleaver Gilchrest Melancon Rothman Wamp him and knew him as well as we did in Akin Clyburn Gillmor Mica Roybal-Allard Wasserman Alexander Coble Gingrey Michaud Ruppersberger Schultz the city of New York. Allen Cole (OK) Gohmert Miller (MI) Rush Waters He was the son of Irish immigrants. Baca Conaway Gonzalez Miller (NC) Ryan (OH) Watson His family came to this country. He Baird Conyers Goode Miller, Gary Ryan (WI) Watt Baker Cooper Goodlatte worked as a salesman. He was a police- Miller, George Ryun (KS) Waxman Baldwin Costa Gordon Mollohan Salazar Weldon (PA) man for the New York City Police De- Barrett (SC) Cramer Granger Moore (KS) Sa´ nchez, Linda Weller partment. He worked before that as a Barrow Crenshaw Graves Moore (WI) T. Wicker city councilman. Bartlett (MD) Crowley Green, Al Moran (KS) Sanders Wilson (NM) Barton (TX) Cubin Green, Gene Murphy Saxton Wilson (SC) Most of you knew him when he came Bass Cuellar Grijalva Murtha Schakowsky Wolf to Congress and served so well, and he Bean Cummings Gutknecht Musgrave Schiff Woolsey was followed to the Congress by Joe Berkley Davis (AL) Hall Myrick Schmidt Wu Berry Davis (CA) Hart Crowley. He left the Congress to be- Nadler Schwartz (PA) Wynn Biggert Davis (IL) Hastings (FL) Napolitano Schwarz (MI) Young (AK) come the Democratic county leader for Bilirakis Davis (KY) Hastings (WA) Neal (MA) Scott (GA) Young (FL) the County of Queens and made a name Bishop (GA) Davis (TN) Hayes NAYS—9 for himself as he sought out black and Bishop (NY) Davis, Tom Hayworth Blackburn Deal (GA) Hensarling Duncan Foxx Royce white, Irish, Asian, Hispanic can- Blumenauer DeFazio Herger Feeney McHenry Sensenbrenner didates for one of the most diverse po- Blunt Delahunt Higgins Flake Miller (FL) Weldon (FL) litical subdivisions that we have in the Boehlert DeLauro Hinchey Boehner Dent Hobson NOT VOTING—68 city of New York. He is what we call, Bonilla Diaz-Balart, L. Holden Andrews Gallegly Meek (FL) in New York City, a ‘‘politician’s poli- Bonner Diaz-Balart, M. Holt Bachus Gibbons Millender- Bono Dicks Hooley tician,’’ who was respected by Repub- Beauprez Green (WI) McDonald Boozman Dingell Hoyer Becerra Gutierrez Moran (VA) licans as well as Democrats. Boren Doggett Hulshof Berman Harman Nussle We will miss him in the city of New Boswell Doolittle Hunter Bilbray Harris Ortiz York, but he left a better city than the Boucher Doyle Hyde Bishop (UT) Hefley Boustany Drake Inglis (SC) Oxley one that he inherited. Boyd Herseth Paul Bradley (NH) Dreier Inslee Brady (TX) Hinojosa And I would like to yield to my Renzi Brady (PA) Edwards Israel Brown (OH) Hoekstra Rogers (KY) friend and senior Republican in our Brown (SC) Ehlers Jackson (IL) Brown, Corrine Honda New York delegation, Mr. BOEHLERT. Brown-Waite, Emanuel Jenkins Cannon Hostettler Sabo Ginny Emerson Jindal Carson Issa Sanchez, Loretta Mr. BOEHLERT. Madam Speaker, I Burgess Engel Johnson (CT) Strickland thank the dean of our delegation for Carter Istook Burton (IN) English (PA) Johnson (IL) Case Jackson-Lee Sullivan yielding. Butterfield Eshoo Johnson, E. B. Clay (TX) Thomas I just want to say that all of us who Buyer Etheridge Jones (NC) Costello Jefferson Tierney Calvert Farr Jones (OH) were privileged to know and work with Culberson Johnson, Sam Towns Camp (MI) Fattah Kanjorski Davis (FL) Kilpatrick (MI) Udall (CO) Tom Manton during his seven terms in Campbell (CA) Ferguson Kaptur Davis, Jo Ann King (NY) Weiner this House of Representatives share a Cantor Filner Keller DeGette Kingston Westmoreland Capito Fitzpatrick (PA) Kelly Evans Matheson Wexler deep sense of personal loss. He was an Capps Foley Kennedy (MN) absolutely outstanding individual. And Everett McCaul (TX) Whitfield Capuano Forbes Kennedy (RI) Ford McMorris I think Mayor Bloomberg of New York Cardin Fortenberry Kildee probably best described him in a very Cardoza Fossella Kind b 1929 Carnahan Frank (MA) King (IA) simple way. He said he was a ‘‘classy Castle Franks (AZ) Kirk So (two-thirds of those voting having guy.’’ Chabot Frelinghuysen Kline responded in the affirmative) the rules

VerDate Aug 31 2005 03:40 Jul 25, 2006 Jkt 049060 PO 00000 Frm 00081 Fmt 4634 Sfmt 0634 E:\CR\FM\K24JY7.072 H24JYPT1 jcorcoran on PROD1PC62 with HOUSE H5650 CONGRESSIONAL RECORD — HOUSE July 24, 2006 were suspended and the bill, as amend- (1) to agree to the provisions contained in AMENDMENT PROCESS FOR CON- ed, was passed. subsections (a) through (d) of section 601 of SIDERATION OF H.R. 4157, The result of the vote was announced the Senate amendment (relating to prospec- HEALTH INFORMATION TECH- as above recorded. tive application of age discrimination, con- NOLOGY PROMOTION ACT OF 2005 The title of the bill was amended so version, and present value assumption rules with respect to cash balance and other hy- Mr. GINGREY. Mr. Speaker, the as to read: ‘‘A bill to provide grants brid defined benefit plans) and not to agree Committee on Rules may meet later from moneys collected from violations with the provisions contained in title VII of this week to grant a rule which could of the corporate average fuel economy the bill as passed the House (relating to ben- limit the amendment process for floor program to be used to expand infra- efit accrual standards); consideration of H.R. 4157, the Health structure necessary to increase the (2) to agree to the provisions contained in Information Technology Promotion availability of alternative fuels.’’. section 413 of the Senate amendment (relat- Act of 2005. A motion to reconsider was laid on ing to computation of guaranteed benefits of the table. airline pilots required to separate from serv- The bill was ordered reported by the ice prior to attaining age 65), but only with Committee on Energy and Commerce f respect to plan terminations occurring after on June 15, 2006. Any Member wishing PERSONAL EXPLANATION September 11, 2001; to offer an amendment should submit (3) to agree to the provisions contained in 55 copies of the amendment and one Ms. CARSON. Mr. Speaker, I was unable to section 403 of the Senate amendment (relat- copy of a brief explanation of the record my rollcall votes Nos. 394–396. Had I ing to special funding rules for plans main- amendment to the Rules Committee in been present I would have voted ‘‘yea.’’ tained by commercial airlines that are room H–312 of the Capitol by 11 a.m. on f amended to cease future benefit accruals); Wednesday, July 26, 2006. (4) to agree to the provisions contained in PERSONAL EXPLANATION section 402 of the Senate amendment (relat- Members should draft their amend- ments to the text of the amendment in Mr. BILBRAY. Mr. Speaker, on rollcall Nos. ing to authority to enter alternative funding the nature of a substitute posted on the 394, 395 and 396, I was detained due to air- agreements to prevent plan terminations); Web site of the Committee on Rules. craft malfunction. Had I been present, I would and (5) to recede to the provisions contained in have voted ‘‘yea’’ on all three rollcalls. Members should use the Office of the Senate amendment regarding restric- Legislative Counsel to ensure that f tions on funding of nonqualified deferred their amendments are drafted in the compensation plans, except that— PERSONAL EXPLANATION most appropriate format and should (A) to the maximum extent possible within check with the Office for the Parlia- Mr. GREEN of Wisconsin. Mr. Speaker, I the scope of the conference, the managers on mentarian to be certain their amend- was absent from Washington on Monday, July the part of the House shall insist that the re- ments comply with the Rules of the 24, 2006. As a result, I was not recorded for strictions under the bill as reported from House. rollcall votes Nos. 394, 395 and 396. Had I conference regarding executive compensa- been present, I would have voted ‘‘yea’’ on tion, including under nonqualified plans, be rollcall Nos. 394, 395 and 396. the same as restrictions under the bill re- f garding benefits for workers and retirees f under qualified pension plans, COMMUNICATION FROM CHAIRMAN PERSONAL EXPLANATION (B) the managers on the part of the House OF COMMITTEE ON TRANSPOR- shall insist that the definition of ‘‘covered Mr. GUTIERREZ. Mr. Speaker, I was un- employee’’ for purposes of such provisions TATION AND INFRASTRUCTURE avoidably absent from this Chamber today. contained in the Senate amendment include The SPEAKER pro tempore (Mr. Had I been present, I would have voted ‘‘yea’’ the chief executive officer of the plan spon- KUHL of New York) laid before the on rollcall votes Nos. 394, 395, and 396. sor, any other employee of the plan sponsor House the following communication who is a ‘‘covered employee’’ within the from the chairman of the Committee f meaning of such term specified in the provi- on Transportation and Infrastructure; PERSONAL EXPLANATION sions contained in the Senate amendment (applied by disregarding the chief executive which was read and, without objection, Ms. LINDA T. SA´ NCHEZ of California. Mr. officer), and any other individual who is, referred to the Committee on Appro- Speaker, today I was unavoidably detained with respect to the plan sponsor, an officer priations and ordered to be printed: because my flight was canceled. I missed roll- or employee within the meaning of section COMMITTEE ON TRANSPORTATION call vote Nos. 394 through 396. Had I been 16(b) of the Securities Exchange Act of 1934, AND INFRASTRUCTURE, present, I would have voted: and Washington, DC, July 20, 2006. ‘‘Yes’’ on rollcall No. 394, S. 1496—‘‘Elec- (C) in lieu of the effective date specified in Hon. J. DENNIS HASTERT, tronic Duck Stamp Act if 2005,’’ ‘‘yes’’ on roll- such provisions contained in the Senate Speaker of the House, House of Representatives, amendment, the managers on the part of the Washington, DC. call No. 395, S. 203—‘‘National Heritage House shall insist on the effective date speci- Areas Act of 2005,’’ and ‘‘yes’’ on rollcall No. DEAR MR. SPEAKER: Enclosed please find fied in the provisions of the bill as passed the the resolutions approved by the Committee 396, H.R. 5535—‘‘To establish a grant pro- House relating to treatment of nonqualified on Transportation and Infrastructure on gram whereby moneys collected from viola- deferred compensation plans when the em- July 19, 2006, in accordance with 40 U.S.C. tions of the corporate average fuel economy ployer’s defined benefit plan is in at-risk sta- § 3307. program are used to expand infrastructure tus. Sincerely, necessary to increase the availability of alter- DON YOUNG, native fuels.’’ f Chairman. Enclosures. f REPORT ON RESOLUTION PRO- ALTERATION—IRS ENTERPRISE COMPUTING ANNOUNCEMENT OF INTENTION TO VIDING FOR CONSIDERATION OF CENTER, MARTINSBURG, WV OFFER MOTION TO INSTRUCT H.R. 1956, BUSINESS ACTIVITY Resolved by the Committee on Transpor- CONFEREES ON H.R. 2830, PEN- tation and Infrastructure of the U.S. House SION PROTECTION ACT OF 2005 TAX SIMPLIFICATION ACT OF 2006 of Representatives, that pursuant to 40 Mr. GEORGE MILLER of California. U.S.C. § 3307, appropriations are authorized Mr. Speaker, under rule XXII, clause Mr. GINGREY, from the Committee for the design of the alteration of the Inter- 7(c), I hereby announce my intention to nal Revenue Service Enterprise Computing on Rules, submitted a privileged report Center located in Martinsburg, West Vir- offer a motion to instruct on H.R. 2830, (Rept. No. 109–595) on the resolution (H. ginia, at a design and review cost of the pension conference report. Res. 939) providing for consideration of $2,893,000, for which a prospectus is attached The form of the motion is as follows: the bill (H.R. 1956) to regulate certain to, and included in, this resolution. I move that the managers on the part of State taxation of interstate commerce; Approval of this resolution also con- the House at the conference on the dis- stitutes authority to perform prospectus agreeing votes of the two Houses on the Sen- and for other purposes, which was re- level interim repairs as deemed necessary, to ate amendment to the bill H.R. 2830 be in- ferred to the House Calendar and or- maintain the continued operation of the structed— dered to be printed. building until the project is completed.

VerDate Aug 31 2005 03:40 Jul 25, 2006 Jkt 049060 PO 00000 Frm 00082 Fmt 4634 Sfmt 0634 E:\CR\FM\K24JY7.074 H24JYPT1 jcorcoran on PROD1PC62 with HOUSE July 24, 2006 CONGRESSIONAL RECORD — HOUSE H5651

ALTERATION—INTERNAL REVENUE SERVICE, AMENDED PROSPECTUS—LEASE—DEPARTMENT Provided, That the General Services Ad- WILLIAM J. GREEN FEDERAL BUILDING, OF JUSTICE, MIAMI/MIRAMAR, FL ministration shall not delegate to any other PHILADELPHIA, PA Resolved by the Committee on Transpor- agency the authority granted by this resolu- Resolved by the Committee on Transpor- tation and Infrastructure of the U.S. House tion. tation and Infrastructure of the U.S. House of Representatives, that pursuant to title 40 LEASE—NATIONAL INSTITUTES OF HEALTH, of Representatives, that pursuant to 40 U.S.C. § 3307, appropriations are authorized SUBURBAN MARYLAND U.S.C. § 3307, appropriations are authorized to lease up to approximately 723,780 rentable for the alteration of Internal Revenue Serv- square feet of space and 1,155 outside parking Resolved by the Committee on Transpor- ice space in the William J. Green Federal spaces for the Department of Justice, cur- tation and Infrastructure of the U.S. House of Representatives, that pursuant to title 40 Building located at 601 Arch Street, Phila- rently located in multiple leased locations U.S.C. § 3307, appropriations are authorized delphia, Pennsylvania, at a design and re- throughout South Florida, at a proposed to lease up to approximately 574,614 rentable view cost of $378,000, a management and in- total annual cost of $25,332,300 for a lease square feet of space and 5 parking spaces for spection cost of $283,000, and an estimated term of 20 years, a prospectus for which is the National Institutes of Health, currently construction cost of $4,065,000 for an esti- attached to and included in this resolution. located in leased space at 6116, 6120, and 6130 mated total project cost of $4,726,000, a pro- This resolution amends the Committee reso- Executive Boulevard, Rockville, Maryland, spectus for which is attached to, and in- lution dated February 16, 2006, authorizing a at a proposed total annual cost of $18,387,648 cluded in, this resolution. lease up to approximately 723,780 rentable for a lease term of 10 years, a prospectus for Approval of this prospectus constitutes au- square feet of space and 1,155 outside parking spaces for the Department of Justice, at a which is attached to and included in this res- thority for the General Services Administra- olution. tion to use funds made available by the In- proposed total annual cost of $25,332,300 for a lease term of 15 years. Approval of this prospectus constitutes au- ternal Revenue Service for space alterations thority to execute an interim lease for all in this facility. Approval of this prospectus constitutes au- thority to execute an interim lease for all tenants, if necessary, prior to execution of tenants, if necessary, prior to execution of the new lease. Provided, That the General Services Ad- LEASE/ALTERATION IN LEASED SPACE—DE- the new lease. PARTMENT OF DEFENSE, UNITED STATE Provided, That the General Services Ad- ministration shall not delegate to any other JOINT FORCES COMMAND, SUFFOLK, VA ministration shall not delegate to any other agency the authority granted by this resolu- tion. Resolved by the Committee on Transpor- agency the authority granted by this resolu- tion. tation and Infrastructure of the U.S. House LEASE—FEDERAL BUREAU OF INVESTIGATION, of Representatives, that pursuant to title 40 TUCSON, AZ U.S.C. § 3307, appropriations are authorized LEASE—DEPARTMENT OF LABOR, SAN Resolved by the Committee on Transpor- to enter into a superseding lease up to 154,428 FRANCISCO, CA tation and Infrastructure of the U.S. House rentable square feet of space and 288 surface Resolved by the Committee on Transpor- of Representatives, that pursuant to title 40 parking spaces for the Department of De- tation and Infrastructure of the U.S. House U.S.C. § 3307, appropriations are authorized fense, United States Joint Forces Command of Representatives, that pursuant to title 40 to lease up to approximately 84,353 rentable located in leased space at 112 Lakeview U.S.C. § 3307, appropriations are authorized square feet and 120 inside and 18 surface Parkway, Suffolk, Virginia, at a proposed to extend an existing lease of 151,716 rentable parking spaces for the Federal Bureau of In- total annual cost of $3,689,285 for a lease square feet and 25 parking spaces for the De- vestigation, currently located at One South term of 20 years, a prospectus for which is partment of Labor, located at 71 Stevenson Church Street, 2551 North Dragoon and 3285 attached to and included in this resolution. Street, San Francisco, California, at a pro- South Hemisphere Loop, Tucson, Arizona, at posed total annual cost of $5,765,208 for a Approval of this prospectus constitutes au- a proposed total annual cost of $3,036,708 for lease term of 2 years, a prospectus for which thority for the General Services Administra- a lease term of 20 years, a prospectus for is attached to and included in this resolu- tion to use funds made available by the De- which is attached to and included in this res- tion. partment of Defense and a portion of the an- olution. Provided, That the General Services Ad- nual rent payment authorized above for Approval of this prospectus constitutes au- ministration shall not delegate to any other space alterations in this facility at a design thority to execute an interim lease for all agency the authority granted by this resolu- and review cost of $1,375,000, a management tenants, if necessary, prior to execution of tion. and inspection cost of $1,250,000, and an esti- the new lease. mated construction cost of $13,333,000 for an Provided, That the General Services Ad- estimated total project cost of $15,958,000, a LEASE—DEPARTMENT OF JUSTICE, ministration shall not delegate to any other prospectus for which is attached to, and in- WASHINGTON, DC agency the authority granted by this resolu- cluded in, this resolution. Resolved by the Committee on Transpor- tion. Provided, That the General Services Ad- tation and Infrastructure of the U.S. House ministration shall not delegate to any other of Representatives, that pursuant to title 40 LEASE—FEDERAL BUREAU OF INVESTIGATION, agency the authority granted by this resolu- U.S.C. § 3307, appropriations are authorized SACRAMENTO, CA tion. to lease up to approximately 521,000 rentable Resolved by the Committee on Transpor- square feet for the Department of Justice, tation and Infrastructure of the U.S. House currently located at 1301 New York Ave., AMENDED PROSPECTUS—LEASE—FEDERAL BU- of Representatives, that pursuant to title 40 NW, 1331 F St., NW, and 1400 New York Ave., REAU OF INVESTIGATION, FREDERICK COUN- U.S.C. § 3307, appropriations are authorized NW, Washington, D.C., at a proposed total TY, VA to lease up to approximately 148,184 rentable annual cost of $24,487,000 for a lease term of square feet and 215 inside and 15 outside Resolved by the Committee on Transpor- 15 years, a prospectus for which is attached parking spaces for the Federal Bureau of In- tation and Infrastructure of the U.S. House to and included in this resolution. vestigation, currently located in multiple of Representatives, that pursuant to title 40 Approval of this prospectus constitutes au- lease facilities in Sacramento, California, at U.S.C. § 3307, appropriations are authorized thority to execute an interim lease for all a proposed total annual cost of $5,927,360 for to lease up to 947,000 rentable square feet and tenants, if necessary, prior to execution of a lease term of 20 years, a prospectus for 1,232 parking spaces for the Federal Bureau the new lease. which is attached to and included in this res- of Investigation, in Frederick County, Vir- Provided, That the General Services Ad- olution. ginia, at a proposed total annual cost of ministration shall not delegate to any other Approval of this prospectus constitutes au- $33,145,000 for a lease term of 20 years, a pro- agency the authority granted by this resolu- thority to execute an interim lease for all spectus for which is attached to and included tion. tenants, if necessary,. prior to execution of in this resolution. This resolution amends the new lease. the Committee resolution dated October 26, LEASE—PRESIDENTIAL TRANSITION TEAM/ Provided, That the General Services Ad- 2005, authorizing a lease up to 947,000 rent- PRESIDENTIAL INAUGURAL COMMITTEE, ministration shall not delegate to any other able square feet and 1,232 parking spaces for WASHINGTON, DC agency the authority granted by this resolu- the Federal Bureau of Investigation, in Fred- Resolved by the Committee on Transpor- tion. erick County, Virginia, at a proposed total tation and Infrastructure of the U.S. House annual cost of $33,145,000 for a lease term of of Representatives, that pursuant to title 40 LEASE—FEDERAL BUREAU OF INVESTIGATION, 15 years. U.S.C. § 3307, appropriations are authorized DENVER, CO Approval of this prospectus constitutes au- to lease up to approximately 320,000 rentable Resolved by the Committee on Transpor- thority to execute an interim lease for all square feet of space and 510 parking spaces tation and Infrastructure of the U.S. House tenants, if necessary, prior to execution of for the Presidential Transition Team and of Representatives, that pursuant to title 40 the new lease. Presidential Inaugural Committee, at a pro- U.S.C. § 3307, appropriations are authorized Provided, That the General Services Ad- posed total annual cost of $15,040,000 for a to lease up to approximately 175,155 rentable ministration shall not delegate to any other lease term of 15 months, a prospectus for square feet and 175 inside and 45 outside agency the authority granted by this resolu- which is attached to and included in this res- parking spaces for the Federal Bureau of In- tion. olution. vestigation, currently located in three

VerDate Aug 31 2005 05:06 Jul 25, 2006 Jkt 049060 PO 00000 Frm 00083 Fmt 4634 Sfmt 0634 E:\CR\FM\A24JY7.071 H24JYPT1 jcorcoran on PROD1PC62 with HOUSE H5652 CONGRESSIONAL RECORD — HOUSE July 24, 2006 government-owned facilities in Denver and one courtroom for every two senior judges. Today, his wife, HILLARY, reminded Lakewood, Colorado, at a proposed total an- Beginning on the date of approval of this us of that slogan in her speech to the nual cost of $6,130,425 for a lease term of 20 Resolution, the Judicial Conference of the Democratic Leadership Council. Well, years, a prospectus for which is attached to United States shall specifically approve each our economy is very strong and grow- and included in this resolution. departure from the U.S. Courts Design Guide Approval of this prospectus constitutes au- for each U.S. Courthouse construction ing. We have created 5.4 million new thority to execute an interim lease for all project which result in additional estimated jobs in the last 3 years. Our unemploy- tenants, if necessary, prior to execution of costs of the project (including additional ment rate is better than the average of the new lease. rent payment obligations) and that the Judi- the 1960s, 1970s, 1980s and 1990s. We have Provided, That the General Services Ad- cial Conference provide a specific list of each had 18 straight quarters of economic ministration shall not delegate to any other departure and the justification and esti- growth. agency the authority granted by this resolu- mated cost (as supplied by the General Serv- Homeownership is now at 69 percent, tion. ices Administration (GSA)) of such departure the largest in history. And our reve- for each U.S. Courthouse construction nues are coming in so high we will be LEASE—FEDERAL BUREAU OF INVESTIGATION, project to the GSA. Each U.S. Courthouse MINNEAPOLIS, MN construction prospectus submitted by the able to meet our goal of cutting the Resolved by the Committee on Transpor- GSA shall include a specific list of each de- deficit in half by 2008, a year ahead of tation and Infrastructure of the U.S. House parture and the justification and estimated schedule. This time, let’s take the Clin- of Representatives, that pursuant to title 40 cost (including additional rent payment obli- tons at their word. If it is the economy, U.S.C. § 3307, appropriations are authorized gations) of such departure and GSA’s rec- stupid, then let’s be smart and reelect to lease up to approximately 162,530 rentable ommendation on whether the Committee on those Congressmen who gave us this square feet and 200 inside and 20 outside Transportation of the U.S. House of Rep- strong economy by lowering the taxes resentatives and the Committee on Environ- parking spaces for the Federal Bureau of In- in the first place. vestigation, currently located in leased ment and Public Works of the U.S. Senate f space in Minneapolis and Roseville, Min- should approve such departure. This resolution amends a Committee reso- nesota, at a proposed total annual cost of lution dated July 21, 2004, which authorized ARABIA MOUNTAIN NATIONAL $6,176,140 for a lease term of 20 years, a pro- site and design of a 614,394 gross square foot HERITAGE AREA spectus for which is attached to and included facility with 105 inside parking spaces. in this resolution. (Ms. MCKINNEY asked and was given Approval of this prospectus constitutes au- There was no objection. permission to address the House for 1 thority to execute an interim lease for all f minute and to revise and extend her re- tenants, if necessary, prior to execution of marks.) the new lease. AMENDMENT PROCESS FOR CON- Ms. MCKINNEY. Mr. Speaker, I Provided, That the General Services Ad- SIDERATION OF H.R. 5766, GOV- would like to take this opportunity to ministration shall not delegate to any other ERNMENT EFFICIENCY ACT OF thank the Members of the House and agency the authority granted by this resolu- 2006 the Senate for passing legislation that tion. Mr. GINGREY. Mr. Speaker, the included language authorizing the Ara- LEASE—FEDERAL BUREAU OF INVESTIGATION, Committee on Rules may meet later bia Mountain National Heritage Area CINCINNATI, OH this week to grant a rule which could in my district. Resolved by the Committee on Transpor- limit the amendment process for floor Mr. Speaker, this is a boon to the en- tation and Infrastructure of the U.S. House consideration of H.R. 5766, the Govern- vironmental community that seeks to of Representatives, that pursuant to title 40 ment Efficiency Act of 2006. preserve pristine areas everywhere. But U.S.C. § 3307, appropriations are authorized The bill was ordered reported by the for such an area to be in the middle of to lease up to approximately 108,874 rentable Committee on Government Reform on a bustling African American commu- square feet of space and 145 structured and 20 July 20, 2006. Any Member wishing to nity is especially rare. surface parking spaces for the Federal Bu- offer an amendment should submit 55 We need green space in south DeKalb, reau of Investigation, currently located in copies of the amendment and one copy and this will go a very long way toward multiple locations in Cincinnati, at a pro- of a brief explanation of the amend- realizing a community dream. Ini- posed total annual cost of $3,810,590 for a tially, our thought was to have the lease term of 20 years, a prospectus for which ment to the Rules Committee in room is attached to and included in this resolu- H–312 of the Capitol by 11 a.m. on funding go to the country or the State, tion. Wednesday, July 26, 2006. and that was reflected in one version of Approval of this prospectus constitutes au- Members should draft their amend- the bill. thority to execute an interim lease for all ments to the bill as ordered reported However, the House Resources Com- tenants, if necessary, prior to execution of by the Committee on Government Re- mittee adopted a private-public part- the new lease. form, which is expected to be filed nership approach. Good stewardship of Provided, That the General Services Ad- today. The text of the bill as ordered taxpayer dollars is extremely impor- ministration shall not delegate to any other reported will be made available on the tant, and I want to work closely with agency the authority granted by this resolu- the private entity to make sure that tion. Web sites of both the Committee on Rules and the Committee on Govern- the community and its concerns al- AMENDED PROSPECTUS—CONSTRUCTION— ment Reform. ways come first. UNITED STATES COURTHOUSE ANNEX, SAN Members should use the Office of Mr. Speaker, I look forward to walk- DIEGO, CA Legislative Counsel to ensure that ing the nature trials in both DeKalb Resolved by the Committee on Transpor- their amendments are drafted in the and Rockdale Counties that will be tation and Infrastructure of the U.S. House most appropriate format and should made possible by the Congressional ac- of Representatives, that pursuant to 40 check with the Office for the Parlia- tion today. U.S.C. § 3307, additional appropriations are mentarian to be certain their amend- I would also like to thank the Geor- authorized for additional site, additional de- ments comply with the Rules of the gia Department of Natural Resources sign, management and inspection, and con- House. that also lent its support to this very struction of a 466,886 gross square foot facil- important bill. ity and 105 inside parking spaces located in f f San Diego, California, at an additional site STRAIGHT TALK ON THE and design cost of $3,258,000 (site and design ECONOMY SPECIAL ORDERS cost of $42,369;000 were previously author- ized), management and inspection cost of (Mr. KELLER asked and was given The SPEAKER pro tempore. Under $7,740,000, and an estimated construction permission to address the House for 1 the Speaker’s announced policy of Jan- cost of $248,816,000, a combined estimated minute and to revise and extend his re- uary 4, 2005, and under a previous order total project cost of $302,183,000, a prospectus marks.) of the House, the following Members for which is attached to, and included in, Mr. KELLER. Mr. Speaker, I rise will be recognized for 5 minutes each. this resolution. today to give the American people f Within one year of the date of approval of this Resolution, the Judicial Conference of some straight talk about our economy. The SPEAKER pro tempore. Under a the United States shall amend the U.S. In 1992, Bill Clinton ran for president previous order of the House, the gen- Courts Design Guide to require that each with the slogan ‘‘It’s is the economy, tleman from North Carolina (Mr. U.S. Courthouse construction project provide stupid.’’ JONES) is recognized for 5 minutes.

VerDate Aug 31 2005 05:06 Jul 25, 2006 Jkt 049060 PO 00000 Frm 00084 Fmt 4634 Sfmt 0634 E:\CR\FM\A24JY7.072 H24JYPT1 jcorcoran on PROD1PC62 with HOUSE July 24, 2006 CONGRESSIONAL RECORD — HOUSE H5653 (Mr. JONES of North Carolina ad- Nicodemus and established the him to open up the refrigerator and I dressed the House. His remarks will ap- Nicodemus National Historic Site to leave a dollar in the refrigerator and he pear hereafter in the Extensions of Re- preserve, protect and interpret this gets me a Coke. marks.) unique community. Thanks to Congres- My beeper breaks down on a regular f sional action, the National Park Serv- basis, and I have to leave it for Tim to ice and especially the residents of fix. Half the time it is not even broken, THE HISTORY OF NICODEMUS, Nicodemus, this community and its but he doesn’t want to tell me that I KANSAS story are being preserved for future don’t realize it is not broken so he just The SPEAKER pro tempore. Under a generations. says, Oh, yeah, I fixed it, even though previous order of the House, the gen- Each year during the last weekend in it probably wasn’t broken from the be- tleman from Kansas (Mr. MORAN) is July, Nicodemus is transformed again ginning. recognized for 5 minutes. into a busy community, full of activ- Let me see what else. I have made a Mr. MORAN of Kansas. Mr. Speaker, ity, for the emancipation celebration. list here. When we doze off in the it is appropriate from time to time At this event, former residents and Cloakroom, that is big. Many of us, as that we reflect upon our country’s their families return to Nicodemus to you know, are here late at night or past, study events of history, and re- share stories and to enjoy one an- even during the day. If we are tired, we member what we have learned from other’s company. lie down on the couch, and he has to those who came before us. This year, the community will not come around and gently nudge us to The western Kansas town of only celebrate the first emancipation make sure that we don’t miss a vote. I Nicodemus, though small in size, has a of slaves in the western hemisphere, don’t know, the list goes on and on. I rich history that can teach us much don’t even know where to begin. about who we are as Kansans, and who but also Nicodemus’s 10th anniversary as a National Historic Site. Nicodemus Oh, my yellow pads. I always carry we are as Americans. yellow pads and I use my blue marker Discrimination and slavery are an is a special community that reminds us both of the struggles and the accom- to cross things out. And a lot of times unfortunate part of our country’s his- I leave them on the seat, and then I tory. Black Americans suffered great- plishments of African Americans. will go back to my office and Tim will ly, and many fought and died to obtain I am proud of this community. call me up and say, Oh, Frank, you left their freedom. The struggle between Nicodemus deserves to be honored for your yellow pad. Come on down here pro-slavery forces and abolitionists was its contributions to American history. and get it. He is going to save it for fought across the country. And signifi- I commend and encourage the preserva- me. So the list goes on. cant battles took place in my home tion efforts of the National Park Serv- ice and the residents of this amazing The other thing is we have this tri- State of Kansas during the 1850s. umvirate, or three people, who are the The outcome of Bleeding Kansas was town. managers here that, as far as I know, a free State in the heart of an expand- f they have been here for as long as I can ing nation that offered hope and oppor- tunity to former slaves. While the end b 1945 remember, and that is Tim, Bob, and Barry. And I cannot imagine what it is of the Civil War brought with it expec- GENERAL LEAVE tations that African Americans would going to be like when we are missing Mr. PALLONE. Mr. Speaker, I ask one of them. So it is not only Tim, but finally enjoy the rights described in unanimous consent that all Members our founding documents, many rights it is the fact that this triumvirate is have 5 legislative days to revise and ex- going to be gone or is going to be bro- obtained were largely stripped away by tend their remarks and include extra- the end of the Reconstruction period. ken up, and I can’t imagine who is neous material on the subject of my Many recognized the sacrifice that going to replace Tim because I always Special Order today. Kansas had made to become a free think of them as the three people that State. Ex slaves left the south and ven- The SPEAKER pro tempore. Is there I can always rely on. But the list goes tured out to the vast prairies of Kansas objection to the request of the gen- on. in search of freedom and opportunity. tleman from New Jersey? Have you ever noticed that Tim The destination for many of these in- There was no objection. brings that green book, he brought it dividuals was Nicodemus. Founded in f down here today, that green book which we have to sign in, I guess, for 1877 by six African American men, HONORING TIM FRIEDMAN Nicodemus was formed as a community Special Orders. It goes back I don’t specifically for African Americans. At The SPEAKER pro tempore. Under a know how many years. I mean, that a time when prejudice and oppression previous order of the House, the gen- thing probably belongs in the Smithso- were still common, Nicodemus offered tleman from New Jersey (Mr. PALLONE) nian Institution. It goes back 30, 40 African Americans a place to own their is recognized for 5 minutes. years. Who keeps it, who gets that own land, to make a living farming, Mr. PALLONE. Mr. Speaker, the sub- green book once you leave? I guess it and to prosper in a jurisdiction allow- ject of my Special Order is Tim Fried- will have to be either Barry or Bob. ing self government. man, who as many of you know is the Then the list goes on. The young community of Nicodemus assistant manager of the House Demo- Let me say, Tim has an incredible grew and prospered during the 1880s as cratic Cloakroom. sense of humor. Not only the Clerks a result of the ingenuity of black en- I don’t know where to begin. I don’t and the people that work behind us, trepreneurs and the dedication and know what I am going to do without but he as well as the other managers commitment of black farmers. Though Tim being here. I think this is his last have to stay late at night when we do many African Americans in the south week and he is retiring after so many Special Orders. And I think you know were denied an education, Nicodemus years in the Cloakroom. But just to that the Democrats are determined to established schools and educated the give you an idea of some of the things fill every last hour of Special Orders, town’s children. Since the bustling ac- that I don’t know who is going to do and so he or Bob or Barry has to stay tivity and growth of the 1880s, these things for me anymore: usually I here very late, usually until midnight Nicodemus has had its ups and downs, bring my cell phone on the floor. And because that is when they are cut off. yet it today remains a community of he has to remind me that I am not al- And I always come in and kid him and African Americans and a testament to lowed to have a cell phone on the floor, say, Are you working tonight? And I the human desire for freedom. so I have to put it in the back and tell him, Well, maybe I won’t do the Nicodemus is the only remaining leave it there. And I tell him he doesn’t Special Order. And he says, Oh, no, you western town established by emanci- have to answer it, but he usually an- can do it, you can do it. He doesn’t pated slaves during the reconstruction swers it. really mean it. He hopes I go home, but period, and it is critical that its his- A lot of times late at night when we he tolerates us anyway. And he has a tory not be lost. are doing Special Orders, those of you tremendous sense of humor and makes On November 12, 1996, Congress rec- who know that basically the food area us laugh, which is so important, par- ognized the historical significance of in the back is closed, so I have to ask ticularly with all the problems that

VerDate Aug 31 2005 03:40 Jul 25, 2006 Jkt 049060 PO 00000 Frm 00085 Fmt 4634 Sfmt 0634 E:\CR\FM\K24JY7.078 H24JYPT1 jcorcoran on PROD1PC62 with HOUSE H5654 CONGRESSIONAL RECORD — HOUSE July 24, 2006 you have around this place. Having all. His skills in the cloakroom are only servant. May he enjoy a very well-deserved somebody with a great sense of humor matched by his skills on the golf course: I retirement. Tim, you will be missed. is really important, needless to say. know that members of my caucus will be par- Ms. KILPATRICK of Michigan. Mr. Speaker, My staff think that Tim is more im- ticularly relieved that because of his retire- I rise to recognize a person who has been a portant than them. I mean, that is ment, Tim will not be competing in any more fixture of this institution for more than 30 years what they will constantly tell me, be- House golf tournaments. and who has been a mainstay of our Demo- cause I call here all the time, not only But he will have time to hone his game; Tim cratic Cloakroom, and indeed, our Democratic every day, not only every hour, but is retiring to Wallace, North Carolina, where Party. I have always said that Members of sometimes every five minutes to see he will live on a 36-hole golf course. Congress are only as good as the staff that what is going on, and he never says, As we salute Tim, we must also recognize helps us because they are the ones who Why are you calling? He is never his wife Colleen. Colleen is also part of the make this Chamber run. grumpy. He is always like, Mr. House of Representatives family—she is the Tim Friedman is one of those few people PALLONE, you called. And he gives me daughter of Congressman Joe Early. As we all who works behind the scenes to make sure an update on what is going on, and he know, it is hard to balance a job here with a we do our job properly, that floor operations never makes me feel like I shouldn’t life at home, and today as we salute Tim for run smoothly and our personal staffs are kept call again, even though I probably his dedication, we are appreciative of the sac- abreast of current legislative activity and the shouldn’t. rifice Colleen has made. legislative schedule. We thank Tim for making So I could go on forever, Tim, but I Upon his retirement, George Washington our jobs easier and for being a trusted re- just want to thank you for all you have said, ‘‘I am once more seated under my own source for Members and our offices. done not only on behalf of myself and vine and fig tree . . . and hope to spend the Tim is from Lackawanna, NY, just outside of not only on behalf of the Democratic remainder of my days in peaceful retirement, Buffalo. He is part of that group known as the Members, but on behalf of all Members. making political pursuits yield to the more ra- ‘‘Buffalo Gang,’’ the leader of whom is our I know others told me that they want tional amusement of cultivating the earth.’’ own former Doorkeeper of the House, Jim to enter statements in the RECORD, so Mr. Speaker, it is a privilege to wish Tim Molloy. In 1976, Tim came to Washington and that is why I asked unanimous consent Friedman and Colleen a similarly peaceful re- started to work for then-Representative Dan that the RECORD be kept open. You cer- tirement. Rostenkowski. Tim’s first days on the job were tainly deserve your retirement. I can’t Mr. ROTHMAN. Mr. Speaker, I rise today to not promising. His first 2 assignments were to believe you are retiring. You don’t look congratulate Tim Friedman, Assistant Manager drive the Illinois Congressman to different old enough to retire, but I know you of the House Democratic Cloakroom, on his events in Washington, and he got lost both are going to enjoy your retirement. retirement after 30 years of illustrious service times. After awhile, he learned how to get Let me say a little bit of his history, to the United States House of Representa- around the city, and ever since, he has been if I could. He is a native of Lacka- tives. steering Members on the right course. Mem- wanna, New York, a suburb of Buffalo. Tim’s career has been a long and distin- bers have taken Tim’s advice on when to He arrived in Washington in 1976 and guished one marked by outstanding accom- schedule their return home following legislative started his career in the House in July plishments and the well-deserved esteem of business, when to take dinner breaks during 1976 under the patronage of Congress- Members of Congress on both sides of the late night sessions, and basically how to plan man Dan Rostenkowski. He worked as aisle. I am pleased to join with my colleagues their lives around the activity on the floor. a doorkeeper under the Honorable in wishing Tim and his wife Colleen many James T. Molloy from 1976 to 1982. In happy years of fulfillment and rewards in their It is with mixed feelings that I pay tribute to 1982, he transferred to the Office of the new pursuits. Tim. I am saddened by the fact we are losing House Sergeant at Arms and worked as I would like to extend my sincere thanks to his institutional knowledge, wizened guidance, an assistant to Jack Russ, and Tim was Tim for all of his kindness, assistance and and a beloved friend. At the same time, I am appointed as assistant manager of the support during my tenure in Congress, along happy for him as he and his wife Colleen tee- House Democratic Cloakroom in 1985, with my warmest personal regards. He will off on a second career in their new home of before I got here, by then Speaker Tip certainly be missed. Wallace, NC. All of us on both sides of the O’Neill, Speaker of the House. Mr. PASCRELL. Mr. Speaker, I rise today to aisle wish Tim and Colleen well in their new Tim married, he actually got married bring attention to the life and work of an out- adventure, and we hope that their move will a few years ago to Colleen Early in standing individual whom I feel fortunate to exceed their best expectations. One thing for 2003, probably one of the reasons he have known for the last 9 years, Mr. Tim sure is the golfing weather is much better in wants to retire, so he could spend more Friedman. He is being recognized on Tues- North Carolina than here in Washington or time with his wife. And they are avid day, July 25, 2006, on the occasion of his re- certainly in Buffalo. This is an important fea- golfers. They are building a home in tirement after 30 years of service to the U.S. ture because both Tim and Colleen are excel- Wallace, North Carolina. I know he House of Representatives. lent and avid golfers, and their new home is can’t wait to enjoy his retirement, but Tim is originally from Lackawanna, NY, and surrounded by 2 golf courses. we will sorely miss you and I person- began his career in the U.S. House of Rep- We are proud to know Tim, and we hope ally will, for sure. resentatives in 1976. He started as a Door- that he and Colleen will come back and visit Ms. PELOSI. Mr. Speaker, on July 19th of keeper and in 1985 he was appointed Assist- their friends from time to time, particularly dur- this year, Tim Friedman achieved a milestone ant Manager of the House Democratic Cloak- ing the golf tournament season, to let us know that Members ever reach: 30 years of service room by then Speaker of the House, Tip how their lives are progressing. We appreciate in the United States House of Representa- O’Neill. all the services you have rendered to this insti- tives. My fellow Democratic colleagues and I tution and to the Members with whom you Since he first arrived in Washington in 1976, agree that he has served us extraordinarily have worked. As you look to new horizons, I Tim has been a denizen of the House. In his well for the past 21 years in the Democratic would like to send you and Colleen off with first position, as Doorkeeper, he worked to Cloakroom. Tim always made sure that I knew these wishes: keep the House floor and its Members secure. what legislative business was on the schedule May you always find good lies in the fair- He also served the House Sergeant at Arms, for the day, and was a great person to con- ways; until his formidable talents were recognized by verse with in between votes. But more impor- May your shots sail clear over still waters; Tip O’Neill in 1985, and he was appointed As- tantly, Tim and I share a special bond as fans and of the greatest baseball team in history, the May nothing but eagles and birdies follow sistant Manager of the House Democratic you for the all the rounds of your life. Cloakroom in 1985. New York Yankees. I will truly miss our ban- Tim Friedman has become part of the his- tering back and forth with Red Sox fans Mr. Mr. DINGELL. Mr. Speaker, I rise today to tory of this institution: he was the last ever CAPUANO and Tim’s co-worker Barry Fisher. I pay tribute to a distinguished public servant, Democratic pair clerk—a position that was dis- know Tim will be missed by all of my Demo- Mr. Tim Friedman, on the occasion of his re- continued in 1995. He has served under five cratic colleagues, even Mr. CAPUANO, whom tirement from the U.S. House of Representa- Speakers—and spent 19 years in the majority he regularly bested in important baseball de- tives and the House Democratic Cloakroom. and nearly 12 years in the loyal opposition. bates. Mr. Friedman has shown exceptional com- Tim has seen many Members come and Mr. Speaker, it is an honor and privilege to mitment to public service throughout his ca- ago, and been both a colleague and friend to extend my best wishes to a dedicated public reer in the Democratic Cloakroom of the

VerDate Aug 31 2005 03:40 Jul 25, 2006 Jkt 049060 PO 00000 Frm 00086 Fmt 4634 Sfmt 9920 E:\CR\FM\K24JY7.080 H24JYPT1 jcorcoran on PROD1PC62 with HOUSE July 24, 2006 CONGRESSIONAL RECORD — HOUSE H5655 House of Representatives. A native of Lacka- From his first job in the office of the Door- above and beyond the call of duty. As he wanna, NY, Mr. Friedman arrived in Wash- keeper, he transferred to the House Sergeant heads to a well-earned retirement a bit to our ington in 1976 to start his career with the at Arms office where he worked until 1985, south, I want my dear friend Tim to know that House of Representatives under the patron- when Speaker Thomas P. ‘‘Tip’’ O’Neill ap- I will think of him often, and with tremendous age of the Honorable Dan Rostenkowski. He pointed him as Assistant Manager of the gratitude for his extraordinary service. began his career as a Doorkeeper and trans- House Democratic Cloakroom in 1985. Thanks, Tim! ferred to the office of the House Sergeant at The Democratic Cloakroom is the cross- Mr. STUPAK. Mr. Speaker, I rise today to Arms in 1982, working as an assistant to the roads of the Caucus, and Tim Friedman honor someone who has dedicated 30 years Honorable Jack Russ. In 1985, Mr. Friedman stands right in the middle of the intersection. of service to this great institution. Those of us was appointed as Assistant Manager of the He has been a constant source of information, on the Democratic side of the aisle know how House Democratic Cloakroom by Speaker of wisdom and assistance, dispensed with char- much we have come to rely on Tim Friedman the House Thomas P. O’Neill. acteristic good humor there for the past 20 who has spent the last 3 decades working in The last 30 years, Mr. Friedman has served years. He is so professional in his job that, like the House Democratic Cloakroom. the House as a tireless and diligent worker. a great golfer, he makes something very hard One can imagine that after 30 years working Under his guidance and hard work, the Cloak- look easy. on and around the floor of the U.S. House of room has become a place fitting for the U.S. Tim’s distinguished service in the House Representatives, Tim has just about seen it House of Representatives. He has become an Democratic Cloakroom has touched the lives all. Throughout it all, Tim has always been on institution to those Members who have served of countless Members—and staff members— hand to assist Members of Congress with all this legislative body and he will be deeply of this body. He plans to retire this September, requests, large and small. By working with us missed. and we all wish him and his wife, Colleen, our and making it easier for Members of the We wish Mr. Friedman well, and we all very best. But we’ll keep him for as long as House to fulfill their official duties, Mr. Fried- deeply appreciate his dedicated and decent we can, because his absence will certainly man has served the U.S. House of Represent- service. I will certainly miss him. I wish Tim leave a large void in the House Democratic atives, the United States Congress and his and his wife Colleen many good years, filled Cloakroom and in this wonderful institution country admirably. with family, friends, good health, and plenty of that he has served for so long. As he prepares to leave us, I wish him well golf. On behalf of my staff, myself and my Mr. ORTIZ. Mr. Speaker, Tim Friedman has and hope that his back improves for a better lovely wife Deborah: Thank you, Tim. been a presence in the Democratic Cloakroom back swing so that he can enjoy many good Mr. NADLER. Mr. Speaker, I rise today to and the House Floor for 3 decades, from days on the golf course. While all of us will join my colleagues in honoring a truly distin- which he now retires as the Assistant Man- miss seeing Tim day in and day out, we are guished public servant. A man without whom ager of the Democratic Cloakroom. truly happy for him and wish him all the best our jobs would be infinitely more difficult. Tim Tim is funny, charming, helpful . . . and is as he enjoys his well-deserved retirement. Friedman, for decades a fixture of the House considered practically a family member of the Mr. HOLDEN. Mr. Speaker, I rise today to Democratic Cloakroom, will take his well Democratic Members who rely on his under- honor Mr. Tim Friedman for his many years of earned retirement. standing of their varying needs and his exper- heartfelt service and wish him best wishes on Most people outside this building know noth- tise on the operations of the House of Rep- his retirement from the U.S. House of Rep- ing of the Cloakrooms. The staff there provide resentatives. resentatives and the House Democratic Cloak- information to Members on the program for He practically grew up in the House. He room. the day, the timing of votes, and myriad other began his political career with our colleague Originally from Lackawanna, NY, outside of details that go into the operation of this institu- Dan Rostenkowski, who was an excellent tutor Buffalo, Mr. Friedman began his career in the tion. As we all try to juggle the demands of in the world of real politics and practical appli- House of Representatives on July 19,1976 committee meetings, visits from constituents, cations of power. As a young man, Tim was under the patronage of the Honorable Dan meetings with people concerning legislation, known as a little bit of a ladies man . . . and Rostenkowski of Illinois. He worked as a Door- and floor debates and votes, the Cloakroom is as an adult, he is a loving husband to Colleen. keeper from 1976 to 1982 under the Honor- a vital resource in making sure that everything Tim’s nickname is ‘‘Hawk,’’ for his amazing able James T. Molloy before transferring to runs smoothly. ability to spot people anywhere in his line of the office of the House Sergeant at Arms in In addition to being helpful, the staff of the vision. For someone whose everyday respon- 1982. There he worked as an assistant to the Cloakroom have always provided a friendly sibilities include spotting Members of Con- Honorable Jack Russ. and congenial environment even when the gress in the crowded chamber, that is a useful In 1985, Tim Friedman was appointed as workload seems unmanageable, the pressure skill. Assistant Manager of the House Democratic mounts, and tempers get short. Tim has the broad shoulders of Buffalo and Cloakroom by the Honorable Thomas P. Tim has mastered the arcane science of the the nuanced understanding of government O’Neill, Speaker of the House. Tim married House. His voluminous knowledge, his institu- from his long time service on Capitol Hill. He Colleen Early in 2003. He is retiring to Wal- tional memory, his up-to-the-minute under- has been a mentor for thousands of young lace, NC, where he plans to continue his love standing of what is going on have more than high school-aged Capitol Pages who pass of golf. once saved this Member, and many of my col- through our program and work for the Con- Mr. Speaker, it is a privilege to be able to leagues, from losing track of the proceedings. gress as messengers and runners. recognize a man who has dedicated his life to Tim has always managed the job with good Working in the Democratic Cloakroom and serving the people of the United States. I ask cheer and good humor, even when, perhaps, on the Floor of the U.S. House of Representa- you and my other distinguished colleagues to the circumstances might have called for a tives is no easy task. The pace is either pain- join me in congratulating Mr. Tim Friedman on much different response. fully slow, or very fast with information and de- his many years of devoted public service and My colleagues and I will greatly miss Tim cisions moving and changing rapidly. thank him for the many contributions he has Friedman, although we wish him well as he So it takes a very special person to navigate made toward the well being of the United leaves this House. Tim, you will always have those waters, a job Tim has done with excel- States House of Representatives. a home here, and, should you ever get tired lence over the decades he has served the Mr. HINOJOSA. Mr. Speaker, I join col- of relaxing and enjoying life, you are always Democratic Leadership and the entire House leagues in paying a well-deserved tribute to welcome back. of Representatives. Tim Friedman who is retiring after 30 years of Congratulations and best of luck to you. Tim, we wish you and Colleen good luck— distinguished service to this Congress. As As- Mr. MEEK of Florida. Mr. Speaker, it is a and great golf. The entire House of Rep- sistant Manager of the House Democratic not-so-closely-held secret that Congressional resentatives owes you a tremendous debt of Cloakroom, Tim has had the heavy responsi- staff plays a crucial and indispensable role in gratitude and wishes you well on the journey bility of ensuring not only that Members get to making it possible for Members of Congress to to Wallace, N.C., that you now take beyond the floor on time to vote but that they know carry out their constitutional duties. That is our marble floors and columns. Vaya con what they are voting for. His knowledge of the certainly the case for Tim Friedman, who will Dios, mi amigo. intricacies of the voting process and House mark 30 years of service—15 terms, if he Mr. MCNULTY. Mr. Speaker, Tim Friedman procedures has been invaluable and he is were a Member—to the U.S. House of Rep- has been a friend of mine since the first day leaving big shoes to fill. resentatives on July 19, 2006. I walked onto the House Floor 18 years ago. Tim has also been responsible for super- Tim is a true ‘‘Man of the House.’’ He began His interest in, and service to, this and other vising and mentoring the thousands of pages his career in 1976, under Speaker Carl Albert. Members of the House has always been who spend a large part of their time working

VerDate Aug 31 2005 03:40 Jul 25, 2006 Jkt 049060 PO 00000 Frm 00087 Fmt 4634 Sfmt 9920 E:\CR\FM\A24JY7.076 H24JYPT1 jcorcoran on PROD1PC62 with HOUSE H5656 CONGRESSIONAL RECORD — HOUSE July 24, 2006 in the Cloakroom. As a father, I know how Tim’s long and successful career in the House the pleasure of working with him. I wish him hard it is to get a couple of teenagers to be of Representatives. I wish him well and hope well on his retirement and ask that my col- responsible and do good work. I commend he continues to achieve happiness, health and leagues join me in bidding him farewell. Tim’s patience in handling the hundreds of success in his future endeavors. Ms. WOOLSEY. Mr. Speaker, I rise today to teens who rotate through the Cloakroom each Mr. ANDREWS. Mr. Speaker, I rise today to commemorate Tim Friedman for his 30 years summer and school year. honor Tim Friedman on his retirement from of dedicated service to the House of Rep- A native of Lackawanna, New York, Tim the House of Representatives and the House resentatives. came to Washington in 1976 and worked first Democratic Cloakroom. Tim began his career on July 19, 1976, as a Doorkeeper, guarding the privacy of Mr. Friedman, a native of Lackawanna, NY, working as a Doorkeeper to the House Cham- Members and keeping the floor of this House arrived in Washington, DC, in 1976 and start- ber under the Hon. James T. Molloy. After 6 secure. His talents were recognized and in ed his career in the House of Representatives years of helping to oversee admission to the 1982 he transferred to the House Sergeant at on July 19, 1976 under the patronage of Hon. House floor and galleries, Tim went on to work Arms where he continued his efforts to keep Dan Rostenkowski. He worked as a Door- as an assistant to the Hon. Jack Russ in the this House running in an efficient and produc- keeper under Hon. James T. Molley from 1976 House Sergeant at Arms office and eventually tive manner. In 1995, Speaker of the House to 1982 then transferred to the office of the as Assistant Manager of the House Demo- Thomas P. O’Neill appointed him to his cur- House Sergeant at Arms and worked as an cratic Cloakroom. Since my freshman term in rent position of Assistant Manger of the House assistant to the Hon. Jack Russ. In 1985, Mr. Congress, his has always been a friendly face Democratic Cloakroom. Friedman became the Assistant Manager of and a trusted source of information about what Tim, you will be sorely missed but I know the House Democratic cloakroom. His con- is happening on the House floor. Tim has that you and your wife Colleen are looking for- tributions are immeasurable. been an active and integral part of the last 16 ward to a life of leisure in North Carolina. I Mr. Speaker, I offer my sincere congratula- sessions of Congress, and he deserves the know you will enjoy having the time to play all tions to Tim Friedman. I wish Mr. Friedman highest respect and recognition. the golf you want. I played golf on your golf and his wife, Colleen, a relaxing retirement Outside of work, Tim spends most of his team at Andrews and had a barrel of fun. I will filled with many rounds of golf. Thank you for time with his lovely wife Colleen and out on always remember your friendship! Good luck your service to the House of Representatives, the golf course. I can speak for the rest of my and thank you for all you have done for this and to our Nation. colleagues when I say that we all look forward institution. Mr. SERRANO. Mr. Speaker it is with great to hearing about his first hole-in-one. Ms. ROYBAL-ALLARD. Mr. Speaker, I rise pleasure that I rise today to bid farewell to Mr. Today, I ask my colleagues to join me in today to congratulate Tim Friedman on his re- Tim Friedman, a dear, trusted friend, who will congratulating Tim Friedman on his retirement tirement after 30 years of service to the House retire after 30 years of service to his country. after a remarkable career. We truly appreciate of Representatives. A native of Lackawanna, NY, Tim arrived in your hard work and dedication to our country, Tim began his career on Capitol Hill on July Washington in 1976, and started his career in and I am sad to lose such an outstanding pub- 19, 1976, as a doorkeeper under the Hon. the House of Representatives on July 19, lic servant and close friend. James T. Molloy. In 1982, he began to work 1976, under the patronage of the Hon. Dan f for the office of the House Sergeant at Arms Rostenkowski. From 1976 to 1982 he worked The SPEAKER pro tempore. Under a as an assistant to the Hon. Jack Russ. Recog- as a Doorkeeper under the Hon. James T. previous order of the House, the gen- nizing Tim’s talents, knowledge, and under- Molloy and in 1982, he transferred to the of- tleman from Texas (Mr. POE) is recog- standing of the intricacies of the House, he fice of the House Sergeant at Arms and nized for 5 minutes. was appointed as Assistant Manager of the worked as an assistant to the Hon. Jack Russ. (Mr. POE addressed the House. His House Democratic Cloakroom in 1985. Tim’s In 1985 Tim was appointed as Assistant Man- remarks will appear hereafter in the friendly manner and his wealth of experience ager of the House Democratic Cloakroom by Extensions of Remarks.) has been an outstanding asset to the mem- the Hon. Thomas P. O’Neill—Speaker of the bers of the Democratic Caucus. House. f Mr. Speaker, the Democratic Cloak Room is I sincerely thank Tim for the assistance he NATIONAL HERITAGE AREAS ACT a place of great importance to all House has given me and for his dedicated service to OF 2005 the House of Representatives. I wish him and Democrats. It is a place where we not only re- his wife Colleen all the best for their future. He ceive helpful information on things such as bill Mr. WELLER. Mr. Speaker, I ask will be truly missed by all. language and the floor schedule, but where unanimous consent to speak out of Mr. COSTELLO. Mr. Speaker, I rise today to we can take solace from the sometimes con- turn. recognize and honor Tim Friedman upon his tentious debate on the House floor. The SPEAKER pro tempore. Without retirement from the House Democratic, Cloak- Needless to say, it takes a special individual objection, the gentleman from Illinois room. For the past 30 years Tim Friedman to contend with the wide range of interesting is recognized for 5 minutes. has served with utmost distinction. personalities that make up the Democratic There was no objection. After moving from Lackawanna, NY, Tim ar- Caucus. Tim has handled the job without Mr. WELLER. Mr. Speaker, I wanted rived in Washington, DC, in 1976 to begin his breaking a sweat. Although, I am quite sure to come to the floor tonight to express career in the House of Representatives. He he often tires of Member after Member asking my strong support for S. 203, the Na- first served for the Hon. Dan Rostenkowski the same question—‘‘when will we be done,’’ tional Heritage Areas Act of 2005. This before becoming a Doorkeeper under the Hon. he never makes it known. He is always ready legislation was debated earlier in this James T. Molloy from 1976 to 1982. In 1982, to provide Members with important information day, and amongst its many provisions Tim moved to the office of the House Ser- while maintaining his affable disposition. the bill contains my legislation, H.R. geant at Arms before being appointed as As- Perhaps what impresses me the most about 1820, the Illinois and Michigan Canal sistant Manager of the House Democratic Tim is his unwavering loyalty. An avid Yankee National Heritage Corridor Act Amend- Cloakroom in 1985 by the Hon. Thomas P. fan, Tim openly professes allegiance to his ments of 2005. 0’Neill, Speaker of the House. team despite the taunts of his fellow cloak S. 203 reauthorizes the Illinois and Since I came to Congress in 1988, I have room colleagues. Barry, a passionate Red Sox Michigan Canal Heritage Corridor to gotten to know Tim Friedman quite well. He is fan and Bob, an Orioles/Nationals fan, fre- receive appropriations and transfers an upstanding man with strong character and quently hurl insults at Tim for his devotion to management entity status from the high principles. I am pleased to have worked the Bronx Bombers. However, like a true fan, Federal I&M Commission to the not- with him. he ignores their scoffs and simply reminds for-profit Canal Corridor Association. I In times of retirement, I am reminded of the them of Yankee dominance. As a Yankee fan would like to commend Chairman words of Ralph Waldo Emerson who said, and the team’s Congressional Representative, POMBO and the House Committee on ‘‘The reward for a thing well done is to have I appreciate Tim’s steadfastness in the face of Resources for their hard work on this done it.’’ Not only should Tim feel rewarded, brutal opposition. His dogged support of my important piece of legislation which but all of us who have benefited from his long hometown team has strengthened our bond has previously passed the House twice and successful 30 year career, an accomplish- over the years. before. ment for which he deserves to be proud. Mr. Speaker, on a more serious note, Tim is The I&M Canal, the Illinois and Mr. Speaker, I know my colleagues join me a dedicated, hardworking and reliable indi- Michigan Canal, changed the Nation in in offering congratulations and gratitude for vidual who will be truly missed by all who had 1848 when it opened its first shipping

VerDate Aug 31 2005 03:40 Jul 25, 2006 Jkt 049060 PO 00000 Frm 00088 Fmt 4634 Sfmt 0634 E:\CR\FM\A24JY7.087 H24JYPT1 jcorcoran on PROD1PC62 with HOUSE July 24, 2006 CONGRESSIONAL RECORD — HOUSE H5657 route between New York and New Orle- The SPEAKER pro tempore. Under a tion in Iraq. That is why our goal to- ans, designating Chicago as the Na- previous order of the House, the gentle- morrow, Mr. Speaker, is to have the tion’s greatest inland port at that woman from New York (Mrs. MCCAR- congressional leadership allow an up- time. While the canal eventually fell THY) is recognized for 5 minutes. or-down vote on the occupation. I urge into disuse due to new transportation (Mrs. MCCARTHY addressed the all of my colleagues to cosponsor the methods and routes, in 1982, business House. Her remarks will appear here- Iraq War Powers Repeal Act of 2006 to and industry leaders founded the Canal after in the Extensions of Remarks.) end this madness once and for all, to Corridor Association to help revitalize f stand up for our troops, to bring them the I&M Canal region, and in doing so home. U.S. OCCUPATION OF IRAQ created a national model for regional f partnership, conservation, and renewal. Ms. WOOLSEY. Mr. Speaker, I ask The SPEAKER pro tempore. Under a I am proud to say that the I&M Canal unanimous consent to speak out of previous order of the House, the gen- National Heritage Corridor was Amer- turn. tleman from Connecticut (Mr. SHAYS) ica’s first charter national heritage The SPEAKER pro tempore. Without area, being created by an act of Con- is recognized for 5 minutes. objection, the gentlewoman from Cali- (Mr. SHAYS addressed the House. His gress in 1984, thanks to the efforts of fornia is recognized for 5 minutes. remarks will appear hereafter in the former Congressman Tom Corcoran and There was no objection. Extensions of Remarks.) former Senator Chuck Percy. For 20 Ms. WOOLSEY. Mr. Speaker, today is years now, the Federal I&M Commis- the 162nd time that I have come to the f sion has worked to carry out the mis- floor during Special Orders to discuss THE PROTECTION AND EVACU- sion of the I&M Canal National Herit- the U.S. role in Iraq. Unfortunately, ATION OF AMERICAN CITIZENS age Corridor. Its efforts have been par- very little has changed on the ground FROM THE MIDDLE EAST CON- ticularly successful during the past 5 in Iraq over the course of these last 3 FLICT years that Phyllis Ellin has provided years and 162 speeches. Unfortunately, Mr. KIRK. Mr. Speaker, I ask unani- strong leadership as the executive di- also, official visits to the region by our mous consent to speak out of turn. rector of the commission. administration and those who rep- The SPEAKER pro tempore. Without Since 1984, the I&M Canal National resent the United States of America objection, the gentleman from Illinois Heritage Corridor has increasingly be- must still be in secret because the area come an engine of economic growth in is recognized for 5 minutes. is so very, very violent. There was no objection. communities up and down the length of Our troops increasingly face snipers, Mr. KIRK. Mr. Speaker, the Nation the corridor, primarily through an in- roadside attacks, ambushes, and impro- has been focused on the war declared crease in tourism, but also in the use of vised explosive devices, IEDs. Bomb- by Hezbollah against Israel this past the corridor for recreational purposes. ings continue to kill and wound nearly week. And while most of the media fo- I decided to move forward with this 100 Iraq civilians daily, and the coun- legislation after consulting with local cused on stories of the conflict in Israel try has slid into a civil war. One thing or Lebanon, they have not covered an officials and those most interested and that has changed is this, the United involved in preserving the heritage of aspect of the story critical to our fel- States is now playing the role of occu- low citizens, the protection and evacu- the I&M Canal. This private sector ap- pier. proach contained within my legislation ation of American citizens from this President Bush claimed that the U.S. conflict. offers more advantages to handle the would go into the Iraq conflict as a lib- increased workload brought on by the On the day that Hezbollah started erator. These days, the more accurate this war, we estimated that there were recent success of the canal and interest statement is that the United States is in heritage tourism. over 20,000 Americans in Lebanon. an occupier. Our brave men and women As a result, S. 203 designates the of the Armed Forces have not been b 2000 Canal Corridor Association as the new I want to first commend our ambas- management entity of the I&M Canal trained or equipped for this very mis- sador in Lebanon and the U.S. embassy Heritage Corridor. The CCA seeks to sion. They are doing the very best they team in Beirut for rapidly assembling enhance economic vitality by raising can under the circumstances, but their the plans and data on the Americans to awareness of and expanding the parks, civilian superiors have let them down. trails, landscapes and historic sites Right now, the best way to support our be saved. The U.S. Government regu- that make the I&M Canal region a spe- troops is to set forth a plan to bring larly plans and sometimes executes cial place. They have also successfully them home. what is called a noncombatant evacu- implemented educational programs and In light of all of this, tomorrow sev- ation operation, or NEO in Pentagon improved the cultural, environmental, eral of my colleagues and I will intro- parlance, to rescue Americans abroad. historic, and tourism resources that duce a bill that will revoke the Presi- The scale of the Lebanese NEO was the Canal Corridor offers. dent’s Iraqi war powers. This legisla- very, very large. This operation, as- Under the leadership of the Canal tion, the Iraq War Power Repeal Act of sembled on very short notice, re- Corridor Association, the I&M Canal 2006, will return the war powers for sponded remarkably to a rapidly Reauthorization will continue to suc- Iraq back to Congress, back where our changing, massive movement of our cessfully educate citizens of the na- Founding Fathers intended. fellow citizens. tionally historical importance of the According to the President, all major Some of the unsung heroes of the I&M Canal and to play a pivotal role in war combat was completed just 6 Lebanon NEO are the men and women the continued economic development months after Congress authorized the of the United States Navy and Marine of our home region. Through the Canal use of force. In fact, he said this while Corps. I want to give special thanks to Corridor Association’s governance, we standing aboard an aircraft carrier be- the crews of the USS Nashville, the USS will now be able to better enlist private fore a banner reading ‘‘Mission Accom- Trenton, and the USS Whidbey Island. support for the Canal Corridor and pro- plished.’’ Therefore, the United States Along with the merchant vessel Orient, mote tourism in our home region. has no longer been at war since that the crews of these U.S. navy vessels Once again, I would like to thank statement of his 6 months into the war, rescued thousands of Americans from Chairman POMBO and the entire Re- but rather carrying out an occupation Lebanon over the last several days. sources Committee for making sure with absolutely no end in sight. The The crews of these ships were backed this important legislation passes before American and the Iraqi people want by U.S. Marines flying helicopters to we break for the August district work the United States troops out of Iraq; save the people in most urgent need. period. I particularly want to thank they want them home where they be- I also want to thank the men and Speaker HASTERT for his assistance and long. women of the U.S. Transportation leadership in this issue as well as Over the objections of many House Command who arranged military air- Chairman CRAIG THOMAS in the Senate and Senate Members 31⁄2 years ago, the lifts for Americans living in Cyprus, for moving forward with this critical House voted to support the war in Iraq. and now Turkey, to complete their legislation. We did not vote to support an occupa- trips home to the U.S.A.

VerDate Aug 31 2005 03:40 Jul 25, 2006 Jkt 049060 PO 00000 Frm 00089 Fmt 4634 Sfmt 0634 E:\CR\FM\K24JY7.082 H24JYPT1 jcorcoran on PROD1PC62 with HOUSE H5658 CONGRESSIONAL RECORD — HOUSE July 24, 2006 We must also note the outstanding The second solution is to decouple usual lip service paid to Lebanon to contribution of the State of Maryland U.S. foreign policy from our reliance help it rebuild its wartorn areas and re- and its governor, Governor Ehrlich, on the oil regimes in the Middle East build its civil society so that it could who welcomed them at Baltimore which supply the largest share of this function at the point where Syria Washington International Airport. country’s dependence on imported pe- would withdraw, and the government Mr. Speaker, Dr. John Michael of my troleum. of the United States, the State Depart- district called me from Lebanon to ask Those are the two answers. We are ment, the U.S. Agency for Inter- for his support. I arranged for his reg- getting distracted by a lot of other ac- national Development, every single in- istration and quick contact with the tivities in the region, but without a strument of this government stopped U.S. embassy there. Thanks to the resolution to the Israeli-Palestinian us every step of the way. We could take work of the United States Navy, the conflict and a two-State solution, and such tiny little steps. Marine Corps, the State Department this country being able to stand on its Is it any wonder that Hezbollah and the Transportation Command, Dr. own two feet again, and not have to gained footing in the southern area of Michael, his wife Christine and their beg any repressive society for oil, we Lebanon? No one else took an interest, children, Daniel, Ramson, Edessan and will not find a solution for security for and violence displaced the opportunity Kamber, all from my district, were the American people at home nor over the 21⁄2 decades for the develop- caught in Lebanon, but now were res- abroad. ment of civil society. No one in our cued by the U.S. military and State The situation is worsening. War is an country really cared, and major polit- Department. But for this operation, abandonment of reason, and it is crit- ical opposition in Congress existed to they might still be in harm’s way, but ical for Members of Congress to stand helping Lebanon at all. How do you thanks to the work of these profes- for a path to peace, especially at a time build a peaceful path? How do you se- sionals, the men and women of the that we witness and the world wit- cure Israel with enemies on every side? State Department, Navy and Marine nesses more killing, more death, more Iran’s moderate voices have been si- Corps, they are home in the United carnage escalating around us, esca- lenced by extremism and decades of States. lating around those directly involved lack of engagement by any sitting Mr. Speaker, we have saved over 5,000 in the Middle East. President of this country. Even Americans to date, and I am told today It is especially essential to be a voice backchannels were let atrophied. that the number of Americans seeking for peace when others believe that es- And so the world is poised for more to leave Lebanon is now declining. We calating the military option without hatred and more mass killings. I will will soon be the first Nation to use this serious and equal emphasis on political not associate myself with lopsided poli- large logistical effort to begin a mas- and diplomatic efforts will yield calm cies that ripen hatred toward this sive humanitarian aid lift to support and resolution. country, annihilate prospects for peace the people of Lebanon itself. Ghandi instructed us an eye for an and threaten both Israel’s and Pal- Mr. Speaker, take a moment tonight eye will leave the world blind, and estine’s ultimate existence. to thank the young Americans who physics reminds us that to every action Mr. Speaker, I place in the RECORD at serve on the Nashville, Whidbey Island there is an equal and opposite reaction. this point Bob Herbert’s article, ‘‘Find and Trenton. Due to their training and I think in this latest conflagration be- a Better Way,’’ from The New York professionalism, they were there ex- tween Lebanon and Israel there will be Times today. It is superb. actly when thousands of their fellow more than an equal and opposite reac- (From the New York Times, July 24, 2006) American citizens needed them to es- tion. FIND A BETTER WAY cape from Lebanon. Indeed, I predict, and it is happening (By Bob Herbert) f already, escalating violence will reap It’s too late now, but Israel could have The SPEAKER pro tempore (Mr. more radical extremism throughout used a friend in the early stages of its war KUHL of New York). Under a previous the region as moderate voices are muf- with Hezbollah—a friend who could have order of the House, the gentleman from fled by the bombs and the escalation of tugged at its sleeve and said: ‘‘O.K We under- California (Mr. GEORGE MILLER) is rec- the rhetoric and the escalation of the stand. But enough.’’ ognized for 5 minutes. violence. That friend should have been the United (Mr. GEORGE MILLER of California Please notice, as a result of U.S. pol- States. addressed the House. His remarks will icy already in country after country, It is not difficult to understand both Israel’s obligation. to lash back at the appear hereafter in the Extensions of radical extremes are gaining political unprovoked attacks of Hezbollah, and the Remarks.) edge in the halls of government. The longstanding rage and frustration that have f Muslim brotherhood of late has made led the Israelis to attempt to obliterate, The SPEAKER pro tempore. Under a major inroads in Egypt’s parliament, once and for all, this unrelenting terrorist previous order of the House, the gen- rising from a level of couple dozen threat. Israelis are always targets for ter- ror—whether they are minding their own tleman from Nebraska (Mr. OSBORNE) is seats out of around 450 seats to nearly business in their homes, or shopping at the recognized for 5 minutes. 100, and Egypt has signed a peace trea- ty with Israel. mall, or taking a bus to work, or celebrating (Mr. OSBORNE addressed the House. the wedding of loved ones. His remarks will appear hereafter in In Pakistan, orthodoxy is being (A quick example from a seemingly endless the Extensions of Remarks.) elected at the provincial level over and list: An Israeli security guard prevented a f over again. Palestinian suicide bomber from entering a In Iraq, the Shi’ia majority is align- mall in the seaside town of Netanya last De- ESCALATING CONFLICTS IN THE ing with Iran, and indeed, the prime cember. The bomber detonated his explosives MIDDLE EAST minister who is to address the Con- anyway, killing himself, the guard and four The SPEAKER pro tempore. Under a gress, this Congress this Wednesday, others.) previous order of the House, the gentle- has come out full bore along with the But the unnecessary slaughter of inno- cents, whether by Hezbollah, Hamas, Al woman from Ohio (Ms. KAPTUR) is rec- parliament for the Hezbollah, con- Qaeda, American forces in Iraq or the Israeli ognized for 5 minutes. demning the actions of Israel, our ally. defense forces, is always wrong, and should Ms. KAPTUR. Mr. Speaker, I rise In Lebanon, Hezbollah has gained a never be tolerated. So civilized people can- this evening to discuss the escalating toehold in parliament and enormous not in good conscience stand by and silently conflicts in the Middle East, and bear- and growing sympathy on the street. watch as hundreds of innocents are killed ing in mind that the answer to real sta- Lebanon’s wartorn areas from the last and thousands more threatened by the spasm bility throughout that region is a reso- invasion by Israel beginning in the of destruction unleashed by Israel in Leb- lution to the half century old Israeli- 1980s and its need for rebuilding were anon. Palestinian conflict and a two-State Going after Hezbollah is one thing. The neglected by the world community, in- murderous rocket attacks into Israel must solution with negotiations ongoing. cluding this country, and Hezbollah be stopped. But the wanton killing of inno- That has not happened during the life- took root for over two decades now. cent civilians, including babies and children, time of this administration. In fact, I am one of the few Members of this who had no connection at all to Hezbollah is they have ignored that completely. Congress that tried to go beyond the something else.

VerDate Aug 31 2005 04:55 Jul 25, 2006 Jkt 049060 PO 00000 Frm 00090 Fmt 4634 Sfmt 0634 E:\CR\FM\K24JY7.087 H24JYPT1 jcorcoran on PROD1PC62 with HOUSE July 24, 2006 CONGRESSIONAL RECORD — HOUSE H5659 The United States should have whispered The SPEAKER pro tempore. Is there first Indian political leader, under his into Israel’s ear, the message being: ‘‘The objection to the request of the gen- tutelage; the first Bangladeshi Amer- carnage has to cease. We’ll find a better tleman from New York? ican political leader, under his tute- way.’’ There was no objection. lage; the first Latino from Queens to Instead, the Bush crowd nodded in acquies- cence as Israel plowed headlong into a situa- f the New York State assembly; the first tion that can’t possibly end any other way openly gay political leader; the first HONORING FORMER MEMBER OF woman as Borough president; and the than badly. Lebanon, which had been one of CONGRESS THOMAS J. MANTON the few bright spots in the Middle East, is first African American woman as Bor- now a mess. Even if Hezbollah is brought to The SPEAKER pro tempore. Under a ough president; and the list goes on its knees, the circumstances will ensure that previous order of the House, the gen- and on. there will be legions of newly radicalized tleman from New York (Mr. CROWLEY) Tom always had the bug for Congress young men anxious to take up arms and step is recognized for 5 minutes. and ran in 1972 against an incumbent, into the vacuum. Mr. CROWLEY. Mr. Speaker, I rise James Delaney. He lost that election, (When Israel invaded Lebanon in 1982, its today in sadness to pay tribute to my but he also ran again in 1978 against strongest resistance enemy was the Pales- tinian guerrilla group Fatah. When it with- predecessor here in Congress, Tom Geraldine Ferraro. Once again, he lost, drew 18 years later, it left behind a stronger, Manton. In politics, as in life, you can but he did not let that keep him down. more extreme guerrilla movement in only achieve greatness by building on When Geraldine Ferraro was tapped by Hezbollah, a force that didn’t exist at the the path that those before you have Walter Mondale to run as his running time of the invasion.) taken. mate in 1984, Tom took the oppor- Joseph Cirincione, an expert on national Tom was a mentor to me, a friend, a tunity to run for and finally win a seat security matters (and a supporter of Israel) confidante. Tom Manton truly loved in Congress. at the Center for American Progress in serving here in this institution, with In Congress, he was an inside polit- Washington, said last week: ‘‘There is no ical player who earned a seat on the question that Hezbollah provoked this cur- his friends on both sides of the aisle. I rent crisis, and that it was right for Israel to will truly miss his friendship, and our Committee on Energy and Commerce. respond, even if that meant crossing the Leb- city and our State of New York will He fought tenaciously through this anon border to strike back at those who had miss his leadership. committee for the interests of New attacked it. But this operation has gone too My condolences go out to his wife, York, bringing countless jobs and Fed- far. It’s striking back at those who had noth- Diane, and to all his children and his eral resources to his district. ing to do with Hezbollah.’’ grandchildren on the passing of their One of his major accomplishments As a true friend of Israel, the task of the husband, their father and their grand- was the establishment of the Ad-Hoc United States is to work as strenuously as Committee of Irish Affairs which he possible to find real solutions to Israel’s se- father. Tom Manton was born in New York used as a forum to represent one of the curity. The first step in that process, as far largest communities of Irish immi- as the current crisis is concerned, would City in 1932. He was the son of a work- logically have been to try and broker a ing class Irish immigrant. His father grants in the United States. cease-fire. actually worked here on Capitol Hill as As co-chair of this committee, he But the compulsive muscle-flexers in the a plasterer, laying plaster in the Long- worked closely with President Clinton Bush crowd were contemptuous of that idea. worth Building. He often talked about to urge him to grant a visa to Gerry Always hot for war, and astonishingly indif- that historical note. He would often Adams, and this began the peace proc- ferent to its consequences, they egged Israel say only in America can a son of some- ess that led to the Good Friday Agree- on. ment in Northern Ireland. That was not the behavior of a friend. one who built the halls of Congress one Neither Israel nor the United States can day serve in the halls of Congress. b 2015 kill enough Muslims to win the struggle Tom Manton went on to law school As a friend and a mentor, I have to against terror. What Israel needs are stable, at the St. John’s University where he say, in addition to being a caring hus- moderate governments in the region. (This is got his law degree, but before that, he band, grandfather, and father, Tom was one of the reasons why it made no sense to was a police officer, a computer sales- a dear friend to many. In 1984, my cripple the Lebanese government.) What the man, and after law school was elected uncle, Walter Crowley, ran against United States needs is as much serious diplo- to the New York City Council in 1969, matic engagement on all fronts as possible; Tom Manton in that open primary seat and an end to the Bush administration’s in- representing what are still parts of that I spoke of earlier. I worked very sane addiction to war—ever more war—as today the 7th congressional district hard for my Uncle Walter in that cam- the answer to the world’s ills. that I have the honor of serving in. paign, and I remember vividly the The. U.S. especially needs to be deeply in- In 1986, after the death of Donald heartbreaking loss my Uncle endured volved in the effort to establish peace be- Manes, Tom Manton stepped up and and that I felt myself. Tom Manton tween Israel and its neighbors. filled the role as chair of the County of was an unspoken name in our house- There is no grand solution to the cen- Queens Democratic Party. When our hold. It was a bad word. You couldn’t turies-old problems of the Middle East. As party in Queens was at its lowest ebb, with the cold war between the United States say that name. and the Soviet Union, you try to keep things Tom Manton took the reins of control But not long after that, Tom Manton as cool as possible, step by, sometimes ago- and brought back the image of Demo- tapped me on the shoulder at the Coun- nizing step. It may not be pretty, and it will crats in Queens County and in New ty Cork Association dance on surely be frustrating. But if the conflict, York City and New York State. He in- Greenpoint Avenue, and he said to me, however aggravating, can be kept cold, as stilled discipline from time to time, how would you like to be the next as- opposed to hot, you’re ahead of the game. which is part of the role of a county semblyman from the 30th assembly dis- f leader, but he worked to make the trict? Why don’t you think about get- The SPEAKER pro tempore. Under a party the preeminent political party, ting in that primary. And I did. I won previous order of the House, the gen- not only of New York City and New a subway primary, with his support and tleman from Florida (Mr. BILIRAKIS) is York State, but many would argue our under his tutelage. In 1998, I was proud recognized for 5 minutes. Nation today. to succeed him here in Congress as the (Mr. BILIRAKIS addressed the Presidential candidates, from Mike Congressman from the Seventh Con- House. His remarks will appear here- Dukakis and Dick Gephardt and Fritz gressional District. after in the Extensions of Remarks.) Mondale and Bob Kerry, Bill Clinton, I know how proud Tom was to serve f and JOHN KERRY, all sought his support in this Congress, and I know how proud and the support of Queens Democrats I am of the work that he did here, and GENERAL LEAVE to help propel them to higher office I am proud to succeed him here in Con- Mr. CROWLEY. Mr. Speaker, I ask and, in the instance of Bill Clinton, gress to this day. There is not a day unanimous consent that all Members successfully helping to make him that I am not grateful for the opportu- may have 5 legislative days in which to President of the United States. nities that Tom Manton created for me revise and extend their remarks and in- But Tom has helped elected officials and for my life. clude extraneous material on the sub- at every level achieve their goals, the To Tom’s wife, Diane; to his four ject of my Special Order today. firsts of firsts in many respects: the children, Cathy Manton Laurent of

VerDate Aug 31 2005 04:55 Jul 25, 2006 Jkt 049060 PO 00000 Frm 00091 Fmt 4634 Sfmt 0634 E:\CR\FM\A24JY7.089 H24JYPT1 jcorcoran on PROD1PC62 with HOUSE H5660 CONGRESSIONAL RECORD — HOUSE July 24, 2006 Schenectady, Tom Manton of London, Ferraro’s congressional seat when she ran to do what he did—leave the world a better John Manton of Woodside, Queens, and for vice president in 1984. As a congressman, place than we found it. Jeanne of Astoria; and to his four he had little problem getting re-elected, win- I, with the entire City of New York, mourn ning with 87 percent of the vote in 1994. grandchildren, Nicole, Marc, Danielle, He said his years as a city councilman the loss of the honorable and distinguished and Liam Henry, and incidentally, made him sensitive to the needs of con- Congressman Thomas J. Manton and send Liam Henry, Tom would always remind stituent service and set the tone for his con- my heartfelt condolences to his beloved wife me, is the same name of my son and gressional career, which was focused on local Diane, their four children, and four grand- how it was a great coincidence that he concerns and New York City politics. children. and I would share that as well. It was As the head of the county party, he helped f something that in this last year par- choose the city’s leaders and, Crowley said, TRIBUTE TO LATE CONGRESSMAN ticularly he would always point out to helped open up the party leadership to mi- nority groups. THOMAS J. MANTON me, and it brought a chuckle to him ‘‘He was a steady rudder of the ship who and to me as well. I want you all to brought the Queens party back from its low- The SPEAKER pro tempore. Under a know that Tom, your granddad, your est ebb. He diversified the leadership of the previous order of the House, the gentle- father, and your husband, is in our county, welcoming minority leaders,’’ said woman from New York (Mrs. MALONEY) thoughts and in our prayers. Crowley. is recognized for 5 minutes. But more importantly, Diane, you Born in 1932 to Irish immigrant parents in Mrs. MALONEY. Mr. Speaker, it is and your children and your grand- Manhattan, Manton carved a colorful career with a heavy heart that I mourn the path, serving as a New York City police offi- children are in all the prayers of the passing of our distinguished former col- cer, an IBM salesman and a flight navigator league, the Honorable Thomas J. Man- Members of Congress on both sides of for the U.S. Marine Corps. He worked as a the aisle. lawyer for decades, reportedly retiring just ton. Tom was a great public servant, a I have to say for the record, I loved months before his death. great New Yorker, and a great Amer- ican. Indeed, Tom Manton was the per- Tom Manton, and he is not the kind of Mr. WEINER. Mr. Speaker, this past Satur- sonification of the American Dream. guy you would say that to. I didn’t day the House of Representatives lost one of The son of immigrants from the Irish have to say it to him. He knew it. its own and New York City lost a great civil countryside, Tom Manton was born and There was an unspoken language be- servant when Congressman Thomas J. Man- raised a New Yorker. His father was a tween the two of us. He knew how I felt ton died at the age of 73. about him, and I certainly knew how Mr. Manton embodied the American dream plasterer, and Tom loved to tell the he felt about me. He showed it in so and his story is one of integrity, hard work and story of how proud his father was of his many ways. dedication to community service. election to Congress; and how when he I will miss my good friend, my men- The most important lesson we learn from came to celebrate that election, they tor, Tom Manton, as I know his law our former colleague is that you don’t have to were in the Longworth Building, and partners will, as his community will. be born into a political or influential family, nor his father told him that he had helped His legacy will live on in so many peo- do you have to have lots of money to succeed build that building in which Tom ple but especially in this Member of in politics. Mr. Manton’s formula for success served. Congress. was honesty and coalition building. After serving with honor and distinc- Mr. Speaker, I submit for the RECORD His parents, Thomas Manton and Margaret tion in the United States Marine Corps, the Associated Press article regarding Manton emigrated from Ireland in search of a Tom put himself through college and Tom Manton’s death. better life. On November 3, 1932, they had law school while serving proudly in the (From NEWSDAY, July 23, 2006) their first and only son, Thomas J. Manton in New York City Police Department. He THOMAS MANTON, FORMER CONGRESSMAN a Manhattan hospital. was recognized by his community in FROM NEW YORK, DIES Mr. Manton’s father supported the family western Queens for his outstanding (By Devlin Barrett) working as a plasterer and the family moved leadership abilities when his neighbors chose him to represent them on the WASHINGTON—Thomas Manton, a former from Manhattan to the borough of Queens congressman who for years wielded his influ- where Mr. Manton lived until he passed away. New York City Council from 1970 to ence to shape New York City’s political land- Mr. Manton demonstrated his commitment 1984. scape, has died. He was 73. to public service very early on hen he served I was proud to call myself a colleague The seven-term congressman died Satur- our country as a Sergeant in the United States and friend of Tom Manton. We served day, said Rep. Joseph Crowley, who took Marine Corps. together on the New York City Coun- Manton’s Queens congressional seat when he Upon returning, he worked his way through cil, and I served with him on the Hous- retired. ing Committee, which he chaired. I will Crowley declined to discuss the cause of law school, serving the city as a police officer death but Michael Reich, the Queens Demo- with the New York Police Department. never forget one day he came in late to cratic Party’s executive secretary and Man- In the same spirit of service he was elected a meeting. He was never late. But that ton’s spokesman, told the (New York) Daily to the New York City Council and served there night he had stayed up all night count- News that Manton died of an undisclosed and for 14 years. ing votes that sent him to Congress. lengthy illness. In 1984, the voters from the 7th Congres- It was in that legislative body that I Elected 20 years ago to his post as Queens sional District chose Mr. Manton, to represent learned to appreciate his quiet, firm, Democratic Party chair, Manton was known their interests in Washington. He served with steady powers of persuasion and concil- as a behind-the-scenes politician who fos- iation, the true hallmarks of leadership tered the careers of City Council Speaker distinction on the Commerce Committee and Christine Quinn and other local political fig- as Co-Chairman of the Ad-Hoc Committee on in a democratic society. I was privi- ures. Irish Affairs. leged as well to call Tom Manton a col- When he announced his retirement from As the son of immigrants, Mr. Manton never league in the halls of the United States Congress in 1998, he successfully hand-picked forgot what makes this country great. As Congress. No Member of this House was Crowley, then a state assemblyman, as his Chairman of the Queens Democratic Party, he ever more dedicated to serving the successor, and he played a role in the selec- embraced the growing diversity in Queens and needs of his constituents. tion of the two most recent City Council recruited candidates of all ethnicities, including Tom played a crucial role in helping speakers. ‘‘He was a great man and a great friend and from the Asian and Hispanic communities. forge the peace that prevails in Ireland he’ll be terribly missed,’’ Crowley said Sun- Mr. Manton maintained his position as Dis- today through his patient and per- day. ‘‘He’s left the Queens Democratic party trict Leader for the Anoroc Democratic Club in sistent efforts to bring peace to that in a very strong position.’’ his home district until the day that he died, once troubled land. He served as co- New York City Mayor Michael Bloomberg which further demonstrates his commitment to chair of the bipartisan Irish Caucus, on said he had reached out to Manton when he being accessible to the public and the value which I served. And he was selected to first began considering entering politics. he placed on being in touch with the commu- be the Grand Marshal of the New York ‘‘He was a classy guy. It’s a sad day,’’ said City Saint Patrick’s Day Parade. He the Republican mayor, a former Democrat. nity. ‘‘We really did lose someone who made a dif- Over 2 million people are lucky enough to was very proud of that and kept in his ference.’’ call the borough of Queens home. Queens is office a big picture of that event. Manton served 15 years on the New York an exceptional borough largely because of But he also embraced Tip O’Neill’s City Council before taking over Geraldine Thomas J. Manton, and we can all only hope maxim that all politics is local, and he

VerDate Aug 31 2005 04:55 Jul 25, 2006 Jkt 049060 PO 00000 Frm 00092 Fmt 4634 Sfmt 0634 E:\CR\FM\K24JY7.093 H24JYPT1 jcorcoran on PROD1PC62 with HOUSE July 24, 2006 CONGRESSIONAL RECORD — HOUSE H5661 lived it, to the everlasting gratitude of his country; a great life smart, intel- he provided to his city and his State the people that he represented in ligent man who came out of an ordi- and his country will continue to go on Queens and the Bronx. When the Long nary working class family in New York and on. Island Railroad threatened to build a City, the way so many of us did, and I last saw Tom a few years ago dur- waste transfer station in western who worked hard. ing the presidential campaign when Queens, Tom led the successful fight to I am sure he was the first person in there was a rally in his borough for block it. When police officers suffered his family to go to college. He went to JOHN KERRY. And although I have spo- permanent job-related injuries, Tom law school and became a good lawyer. ken with Tom since then, that was ac- made sure that they and their families He was a very smart intelligent man tually the last time I had physically received fitting lifetime compensation. and he really lived the American seen him. And I remember thinking But perhaps Tom Manton’s most en- dream. That is what so many of us that he didn’t look quite as good as I during legacy may be forging the most have done, children of immigrants and had remembered, and from that point united and effective political party or- grandchildren of immigrants. Well, on, with his long illness, which of ganization in any county in New York that is really what Tom Manton did. course culminated in his death. City. He accomplished this remarkable Tom and I became very, very good Let me just speak for me, but I think achievement in what is probably the friends. We were very close. We would all of us aspire to be the kind of person most ethnically diverse county in the go out to dinner and talk a lot. I still that Tom Manton was, an honest per- Nation, and he did it with his singular have a picture hanging in my office of son coming from working class roots, a and extraordinary powers of leadership. Tom and myself taken, I think I was working class family, who understood He was able to convene diverse groups just elected but not yet sworn in. I had that by helping people, you helped the and views and unite them behind com- won the election and Tom signed it and country and you make a difference in mon goals and purposes. said, ‘‘The New York delegation is rich- people’s lives. Tom, I know, is looking He showed an unparalleled ability to er with your election.’’ And that was down at us, and I want him and his identify and encourage new leadership just the kind of nice thing that he family to know that he has made a dif- and talent from the emerging commu- would do, would write it with his own ference in all of our lives, those of us nities of our City and to develop and handwriting. who were fortunate to call him our nurture future public servants who It was Tom who encouraged me to go friend and fortunate enough to call him were worthy of the responsibilities on the Energy and Commerce Com- our colleague. But even those people with which they were entrusted. That mittee, which is a great committee but that never met Tom, that only knew is truly Tom Manton’s greatest legacy, difficult to get on to, and Tom encour- his name, are better because Tom Man- a history of leadership through inclu- aged me. He was a member of the com- ton served in the United States Con- sion, guided by the principles of toler- mittee and encouraged me to try for gress and made a difference in their ance and equality. the committee, which I did with his lives as well, a difference in When I first came to Congress, Tom help and support, and eventually was everybody’s lives in the United States took me under his wing. He was an im- made a part of that committee. of America. I am going to miss my good friend. portant mentor to me, an important Tom cared about people. He cared We are all going to miss him. But we friend, and my heart goes out to his about working people and was very are all going to remember him. He is wife, Diane, his children and his grand- close to labor. He always had very, going to live on in our hearts and our children. You are in our hearts and in very close friends because he worked minds and with the good work he did to our prayers. Tom will be deeply missed. very, very hard for the average person. make our country a better place. God f My colleagues have already talked about what a difference he made in bless you, Tom. We will all miss you, TRIBUTE TO LATE CONGRESSMAN people’s lives from the Irish peace but we will never forget you. THOMAS J. MANTON process to just caring about every day f The SPEAKER pro tempore. Under a people, ordinary people back home. TRIBUTE TO LATE CONGRESSMAN previous order of the House, the gen- After he left Congress, he kept in THOMAS J. MANTON tleman from New York (Mr. ENGEL) is touch and came down several times The SPEAKER pro tempore. Under a recognized for 5 minutes. doing some lobbying, doing some work. previous order of the House, the gen- Mr. ENGEL. Mr. Speaker, I am going And whenever you needed him to help tleman from New York (Mr. MEEKS) is to try to speak from the heart, and you, with a campaign contribution or recognized for 5 minutes. that is what I want to do, because Tom just a good friendly smile or some good Mr. MEEKS of New York. This is in- Manton was my friend. friendly advice, Tom was always there. deed a sad time, but a happy time. Sad, You know, you get to an age where That is why he was such an effective and my prayers go out to Tom, Thomas when you hear eulogies and you think Democratic county leader of Queens J. Manton and his family over his pass- that it is someone who lived in the dis- County and why his influence really ing; but happy because his life passed tant past and not one of your col- extended beyond his borough, because our way. And so, as in all things, we leagues or not one of your contem- when people wanted to aspire to leader- thank God. We thank God for the life poraries. And even though Tom was ship positions in the New York City of Thomas J. Manton. several years older than me, he was council, be it speaker or whatever, if certainly one of my contemporaries, you got Tom Manton’s blessing, you b 2030 because when I came to Congress in really had a leg up on everybody else in When I think of Tom and all of what 1988, there was no one who was warmer order to achieve that position. And he has done in his career, there is a and friendlier and opened his door more Tom really was very effective in doing commercial that ran some time ago to me than Tom Manton. that. and it said he ‘‘did it the old-fashioned I didn’t really know Tom before I When you are a political leader, you way.’’ Well, Tom became an attorney, a came to Congress. I had heard about make tough decisions. You make member of the New York City Police him. He served on the New York City friends and you make enemies. But ev- Department, a member of the city Council while I was serving in the New eryone knew that Tom Manton was al- council, a Member of the United States York State assembly, and he had a rep- ways fair and above board. He told you House of Representatives, and a county utation of being this tough guy, maybe where you stood, and he was very, very leader of Queens County the old-fash- a bit gruff, and I didn’t really know honest with it. A very, very soft-spo- ioned way. He earned it. He truly is an what to expect. But when I got to know ken person who really cared about his inspiration for men and women who Tom, and I got to know him very, very country, about his state, about his city may have grown up on the hard side of well, I learned that under this gruff- and, indeed, his friends as well. the mountain, that if, in fact, you ness was this soft underbelly; that he I would say to Diane and the rest of focus and you work hard, that truly was a very thoughtful and soft-spoken the family that our lives are all richer you can make a contribution to your man; a very good person, who really because we knew Tom Manton. His community and to the great society cared about people, really cared about memory will live because the benefits that we call America.

VerDate Aug 31 2005 03:40 Jul 25, 2006 Jkt 049060 PO 00000 Frm 00093 Fmt 4634 Sfmt 0634 E:\CR\FM\K24JY7.094 H24JYPT1 jcorcoran on PROD1PC62 with HOUSE H5662 CONGRESSIONAL RECORD — HOUSE July 24, 2006 When I think of Tom, I think of reconciled and that person went on to port them so that in Albany and in the words like ‘‘gentleman.’’ I think of do some other things. He was ex- city council, that great county would words like ‘‘dignity,’’ and I think of tremely loyal, which is another fan- have representatives that are elected words like ‘‘respect.’’ tastic quality that you often do not really takes the wand of a magician In 1984, we needed the right person at see. who recognizes that he, too, came from the right time to bring Queens County So I conclude my statements by just a community, from a family that were politics back, and history is something saying again, as I started, I have to strangers at one time to the United that is ongoing. And you never know thank the Creator of all for Tom Man- States and especially to New York. when you are creating history or you ton, because He sent us the right man I had a very special relationship with are part of history. You just do what at the right time to do the right thing Tom when he was in the city council. I you have to do. But in 1984, Queens for a borough that was desperately in enjoyed working with him in the Con- County politics was at its all-time low. need. He sent the right man at the gress. And even when he became a So what it needed at that time, at its right time to do the right thing to sit county leader, he still would reach over time of need, was a man of dignity, a here in the United States House of Rep- the rivers, over the bridges, to find out man who earned respect, and a man resentatives. He sent the right man at how he could put together tickets for who was honest because we did not the right time to have such a beautiful the city council and bring about some have that reputation at that particular and dignified family as the Manton degree of harmony so that, instead of time. So Queens was lucky that there family. And our hearts and our prayers having fights within the Democratic was a man that was willing to step up go out to the entire Manton family. Party, he would find out how could we to the plate and become the county May his soul rest in peace. put together a package which all the leader. And I think that is significant. f boroughs could agree? And I know he was a Member of this I enjoyed working with him. I would The SPEAKER pro tempore (Mr. House, and I know that he was a city want to thank his beautiful wife, KUHL of New York). Under a previous councilman and police officer, but I Diane, and the members of his family, order of the House, the gentlewoman want to talk about Tom, that for 20 for sharing this great New Yorker and from New York (Mrs. LOWEY) is recog- years, he was Chair of the Queens this great American with us. nized for 5 minutes. County organization, and people know Our prayers and support will be with (Mrs. LOWEY addressed the House. that in this day and age that it is a you. feat that is not often obtained, because Her remarks will appear hereafter in the Extensions of Remarks.) f what you have got to do is you have The SPEAKER pro tempore (Ms. f got to keep and bring people together. FOXX). Under a previous order of the And Queens County, as you have heard HONORING THE LATE House, the gentlewoman from New already, is the most diverse county in CONGRESSMAN TOM MANTON York (Ms. SLAUGHTER) is recognized for all of these United States of America. 5 minutes. Mr. RANGEL. Mr. Speaker, I ask So people scratch their heads and try (Ms. SLAUGHTER addressed the unanimous consent to speak for 5 min- to figure out how did Tom Manton sus- House. Her remarks will appear here- utes. tain his leadership in the most diverse after in the Extensions of Remarks.) The SPEAKER pro tempore. Without county in this Nation? f Well, first of all, and you are going to objection, the gentleman from New hear me utilizing these words fre- York is recognized for 5 minutes. TOM MANTON’S LEGACY OF quently, he earned the respect of peo- There was no objection. INCLUSIVENESS ple. Some people think county bosses Mr. RANGEL. Mr. Speaker, Tom Mr. SERRANO. Madam Speaker, I and backrooms and they have got Manton was not only a great guy, but ask unanimous consent to speak out of whips and all that kind of stuff and for those of us who have been involved order for 5 minutes. they try to whip you in line. Tom was in politics, as I said earlier, he truly The SPEAKER pro tempore. Without always soft-spoken and always tried to was a politician’s politician. You did objection, the gentleman from New give you, in a rational way, his view- not have to ask a question and hear a York is recognized for 5 minutes. point and how it was best for the whole lot of arguments that you did not un- There was no objection. to do whatever he believed. But even in derstand. Tom would give you a Mr. SERRANO. Madam Speaker, so that, he included people. He did not straight answer and save you a lot of much tonight has been said about Tom just say ‘‘I am Tom Manton, and this is time. Manton and so much more can be said. what I am doing.’’ He brought people But if there was a book written about What I would like to do for a couple around and included them in the proc- great Americans or, even more impor- of minutes is focus on my personal re- ess so that when a decision was made, tantly, great New Yorkers and great lationship with him and what role he it was made by the entirety. And he Americans, Tom Manton really would played and the conversations we had had the vision to know and to under- fit in that profile. about what he saw in the future of the stand that the county was so diverse His parents came to the United county of Queens and the future of New that you had to make sure that every- States from Ireland, and Tom followed York politics. body had a seat at the table. the course of not only being a United As we know, in our American polit- So, yes, he brought in the first South States Marine but being a dedicated ical system, different generations bring Asian. He brought in the first Latino. police officer. After that he continued forth different communities wanting to He helped create the first woman bor- to serve for 14 years in the New York share in the American political dream. ough president and the first African City Council and then succeeded Geral- And as we know, politics is at the very American borough president in Queens dine Ferraro in the House of Represent- foundation of our full American sys- County. He had the vision to make sure atives. tem. that you had sometimes somebody who All of these things are careers in and From the day I came here in March might be a newcomer but had the abil- of themselves. But to be prepared to be of 1990, and I came in a special election, ity to bring people together to make the Democratic county leader of the di- Tom Manton was one of two people sure that they were part of it. verse county that Queens represents that stayed very close to me, the other And what I also think was unique really takes an exceptional person, and being Mr. RANGEL. In fact, Mr. RANGEL about Tom, even when he had to say no Tom was just that. So many people and Tom Manton teamed up a couple of to you, it was never a personal situa- have spoken about the opportunities years later to make sure that New tion. And I think that you could look that he has given not only to African York City received a seat on the Ap- and see where many individuals whom Americans, Jews, and gentiles, but the propriations Committee, and it is no he may not have been with initially or multiracial composition of that great secret that Tom Manton and CHARLIE had to turn down for one position, but county which we all in the City of New RANGEL accomplished that for me. later down the road, he found a way to York love, to be able to reach out and But as part of the conversations that make sure that that relationship was to find qualified candidates and to sup- we had throughout the years that he

VerDate Aug 31 2005 03:40 Jul 25, 2006 Jkt 049060 PO 00000 Frm 00094 Fmt 4634 Sfmt 0634 E:\CR\FM\K24JY7.096 H24JYPT1 jcorcoran on PROD1PC62 with HOUSE July 24, 2006 CONGRESSIONAL RECORD — HOUSE H5663 was here and after that, Tommy Man- said that he understood that everybody who was designated to be the Vice ton always made it clear that he under- had to be at the table and everybody Presidential candidate. So there is a stood fully what it meant to be a New had to share. proud tradition from this district for Yorker and the history of New York After he left here, he kept in touch many years; and that tradition, of City. He would sit down and talk to me with me, and after he left here we course, continues with Mr. CROWLEY. and say, You know, my dad used to tell spoke often. But I will always remem- Tommy Manton was a proud Demo- me about how the Irish wanted to par- ber him as a straight-shooter, a class crat and a proud Irishman, in his per- ticipate in politics. And he said, I know act, a nice human being of few words sonal life as well as his public service. folks will tell you about the struggles and a coalition builder. He did a great deal as the cochairman from members of the Jewish commu- Mr. RANGEL and I have discussed this of the Congressional Ad Hoc Com- nity to participate in politics and many times. I have only one pre- mittee on Irish Affairs. He helped per- members of the Italian American com- requisite when supporting a political suade President Clinton to meet with munity to participate in politics. And candidate: Are they a coalition build- Gerry Adams, the president of the Sinn he said, It is no different. In Queens er? If they are not, including members Fein, the political arm of the Irish Re- and New York City and in this country, of my own community, then I am not publican Army. That was really a step there are Asians and Hispanics, and supporting them. That is what Tommy forward in bridge building, trying to much earlier, African Americans who Manton was. That is why we will miss find solutions and getting the job done. want to participate in politics, not him, and that is why our thoughts and He served as a flight navigator in the with a desire to uproot the leadership our prayers are with his family and Marine Corps. He was, again, a very pa- or to destroy anything but to be part of with the whole Queens community. triotic American, who served our coun- try in so many arenas, in local govern- it. And he understood from the first f day I met him, he knew the first time ment, in the Congress of the United I spoke to him, that this was healthy TRIBUTE TO THOMAS J. MANTON States, as a Marine, as a community for our party, and it was even healthier Ms. PELOSI. Madam Speaker, I ask leader, and in the Democratic Party. for our society. unanimous consent to speak for 5 min- On behalf of all of the Democrats, I It has been said here that he gave utes. know everyone in the Congress extends sort of a rough impression at times. The SPEAKER pro tempore (Ms. their deepest sympathy to his family, Very direct. Not too many words. But FOXX). Without objection, the gentle- of whom I know he was very, very he was always finding a way of bring- woman from California is recognized proud; to Diane, his wife, his widow ing about change. When you look at his for 5 minutes. now, and to their children, Cathy, history, the fact that he was a New There was no objection. Thomas, Jr., John and Jeanne. I hope York City policeman, the fact that he Ms. PELOSI. Madam Speaker, the it is a comfort to you that so many goes to law school, the fact that he members of the New York delegation people mourn your loss and are praying runs for public office and wins, it is a have risen today with great sadness for you at this sad time, and that it is career that tells you that there is dedi- and with great pride in the life and a comfort to you that these New York- cation and there is concern. And I re- service and leadership of our former ers take such pride in the life, leader- member when he sat down with me one colleague, Tom Manton. ship and service of Tom Manton, who day and he said, Queens is seen by When Mr. RANGEL announced to the himself was a proud New Yorker, a many folks as sort of a politically for- body earlier this evening the sad news proud Irishman, a proud American. gotten borough. We have got a lot of of Mr. Manton’s passing, which, of f numbers, but all the action that is New course, has been heralded in the press TRIBUTE TO THOMAS J. MANTON York City is happening elsewhere. And because he was a big figure in New AND ARGUMENT FOR RAISING he said, Watch Queens in the next few York, it brought back many memories THE MINIMUM WAGE years as it begins to include people. for those of us who served with him. A The SPEAKER pro tempore. Under a And I think that is important to use big, strong Democrat, he served with previous order of the House, the gen- the word ‘‘include’’ and ‘‘inclusion’’ be- great pride in this body as a way to cause Tommy Manton was not about tleman from New York (Mr. OWENS) is serve the people of his district, which recognized for 5 minutes. meaningless tokenism. He was about he loved and took great pride in. He TRIBUTE TO THOMAS J. MANTON honestly bringing people in. worked in a very bipartisan way to get Mr. OWENS. Madam Speaker, I And so now because of Tommy Man- the job done for them. I had been a would like to add my sentiments to the ton, the Asian community, the His- former Chair of the California Demo- words that have been spoken already. I panic community, the African Amer- cratic Party over 20 years ago, so we ican community, and a county that not associate myself with the remarks that shared that commitment to removing long ago people would bet would never have been made about Tom Manton. obstacles of participation in the polit- see that kind of inclusiveness and that Tom Manton was a political leader in ical process through the Democratic kind of change, now you see the change an adjacent county, the Borough of Party organization which he led with and you see the inclusion of people Queens. In the Borough of Brooklyn we great pride for so much of his political where Asian Americans had been elect- had what we call a first-rate political life. ed in Queens County before they were machine, and in view of the fact we His policy contributions for his dis- elected anywhere else. Where an Afri- have been discussing power-sharing and trict are legendary, and that is why he can American woman was elected as the Voting Rights Act, I remember dra- was unbeatable until he just decided he the borough president, chief executive matically seeing the difference be- wasn’t going to run again, and we all of the county. That is Tommy Man- tween Brooklyn and Queens. know of the legacy that he sent us in ton’s legacy. As a leader in Queens, Tom Manton And depending on what your take on the great service of Mr. CROWLEY in the believed in power-sharing. Minorities life is, and part of mine is that the only Congress. did not have to fight to get what they thing that still hurts our country is Every person in America who cares deserved in Queens. Harmony was not the inability for all folks to get along, about the environment in our country established only after a big battle was that everything else we can deal with, owes Mr. Manton a debt of gratitude. waged and the spoils were settled. In all other issues we can deal with, but During seven terms in Congress, Mr. Brooklyn we had to battle for every- the lack of unity at times haunts us, Manton was an important figure on the thing. We had to fight all the way. then what better legacy to have been a reauthorization of the Superfund pro- Tom Manton was a political boss. He leader who understood that people had gram, which promotes the cleanup of was head of a machine. But he gave to be included, and people had to be uncontrolled and abandoned hazardous new meaning to the word machine and part of the process. waste sites. It is very, very important being a boss. A conciliator, a mediator, pioneer work that he did there. a guy who made things happen as he b 2045 It might be of interest to some to took this diverse, rapidly growing bor- If nothing else is said about what know that when he came to Congress, ough, rapidly growing in terms of di- Tom Manton accomplished, let it be he came to replace Geraldine Ferraro, verse population, he wove it altogether

VerDate Aug 31 2005 03:40 Jul 25, 2006 Jkt 049060 PO 00000 Frm 00095 Fmt 4634 Sfmt 0634 E:\CR\FM\K24JY7.100 H24JYPT1 jcorcoran on PROD1PC62 with HOUSE H5664 CONGRESSIONAL RECORD — HOUSE July 24, 2006 without bitter fights and without leav- American a part of the middle class, there aren’t enough elite voters. So how did ing a lot of blood in the aisles. because middle class, as I said before, the Republicans rise to their current posi- So I take my hat off to Tom Manton means the productive class, the people tion of political dominance? It’s hard to deny and the kind of example he made. I can who can make a contribution toward that barely concealed appeals to racism, which drove a wedge between blacks and rel- add very little to what my colleagues our society, who can take care of them- atively poor whites who share the same eco- have already said. selves and help take care of various nomic interests, played a crucial role. ARGUMENT FOR RAISING THE MINIMUM WAGE functions in our society. Don’t forget that in 1980, the sainted Ron- Madam Speaker, I wanted to speak At every level we need excellence, ald Reagan began his presidential campaign tonight about a subject we have been better educated people. I am talking with a speech on states’ rights in Philadel- talking about for quite a while here, about from the guy who pours the con- phia, Miss., where three civil rights workers and that is raising the minimum wage. crete to the engineer who designs the were murdered in 1964. I also know that almost nothing new tunnels and bridges. We need com- These days the racist appeals have been toned down; Trent Lott was demoted, though can be said about the need for an in- petence, we need people who are con- not drummed out of the party, when he de- crease in the minimum wage. My col- stantly raising the level and moving clared that if Strom Thurmond’s segrega- leagues have been on the floor for the toward excellence. tionist presidential campaign had succeeded last 2 weeks hammering away at the Blunders in our society internally ‘‘we wouldn’t have had all these problems.’’ subject. The facts surrounding this may destroy us faster than any outside Meanwhile, the G.O.P. has found other ways gross injustice have been recited again enemy, blunders by people who are not to, obscure its economic elitism. The Bush and again. competent, blunders because we run administration has proved utterly incom- I am a cosponsor of a simple legisla- out of talent, because we run out of petent in fighting terrorists, but it has skill- tive vehicle which will raise the min- people who know what they are doing, fully exploited the terrorist threat for do- mestic political gain. And there are also the imum wage from $5.15 to $7.15 an hour. or we run out of a competitive situa- ‘‘values’’ issues: abortion, stem cells, gay Our ranking member of the Education tion where there are enough people in a marriage. and the Workforce Committee, GEORGE given area to be able to chastise, exam- But the nasty racial roots of the G.O.P.’s MILLER, has already used every known ine, criticize and keep other people in triumph live on in public policy and election legislative and publicity maneuver line. We had such a major blunder in strategy. known to man to confront the majority the building of the levees in New Orle- A revelatory article in yesterday’s Boston Republicans with a need to place this ans. Globe described how the Bush administra- issue on the floor for a vote. The 30- Madam Speaker, I will submit an ar- tion has politicized the Justice Department’s civil rights division, ‘‘filling the permanent something Group has done a fantastic ticle for the RECORD from the New ranks with lawyers who have strong conserv- job with charts and graphs, making it York Times by Paul Krugman entitled ative credentials but little experience in crystal clear how ridiculous it is that ‘‘Black and Blue,’’ which is in regards civil rights.’’ we have not raised the minimum wage to the minimum wage. Not surprisingly, there has been a shift in since 1997. I can’t add much to that. [From the New York Times, July 24, 2006] priorities: ‘‘The division is bringing fewer Madam Speaker, I want to address BLACK AND BLUE voting rights and employment cases involv- ing systematic discrimination against Afri- this subject from a different perspec- (By Paul Krugman) tive. I want to talk about the fact that can-Americans, and more alleging reverse According to the White House transcript, discrimination against whites and religious the people earning minimum wage at here’s how it went last week, when President discrimination against Christians.’’ the very bottom are the people that we Bush addressed the N.A.A.C.P. for the first Above all, there’s the continuing effort of need in this society. We need every- time: the G.O.P. to suppress black voting. body to be in a position where they can THE PRESIDENT: ‘‘I understand that The Supreme Court probably wouldn’t rise in this society, and a decent in- many African-Americans distrust my polit- have been able to put Mr. Bush in the White come for a family is the beginning of ical party.’’ House in 2000 if the administration of his AUDIENCE: ‘‘Yes! (Applause.)’’ the process of moving toward the mid- brother, the governor of Florida, hadn’t But Mr. Bush didn’t talk about why Afri- misidentified large numbers of African- dle class. can-Americans don’t trust his party, and ‘‘Middle-class’’ covers a whole lot of Americans as felons ineligible to vote. In black districts are always blue on election 2004, Ohio’s Republican secretary of state things, but I am going to oversimplify maps. So let me fill in the blanks. tried to impose a ludicrous rule on the paper First, G.O.P. policies consistently help the matter and say it is generally felt weight of voter registration applications; those who are already doing extremely well, what makes the world go around eco- last year, Georgia Republicans tried to im- not those lagging behind—a group that in- nomically and politically is a middle pose an onerous ‘‘voter ID’’ rule. In each cludes the vast majority of African-Ameri- case, the obvious intent was to disenfran- class. Every nation needs a middle cans. And both the relative and absolute eco- chise blacks. class. nomic status of blacks, after improving sub- And if the Republicans hold on to the There has been a lot of talk about stantially during the Clinton years, have House this fall, it will probably only be be- the fact that in China in the next 10 worsened since 2000. cause of a redistricting plan in Texas that a years, 25 percent of its population will The G.O.P. obsession with helping the panel of Justice Department lawyers unani- haves and have-mores, and lack of concern be middle class. What is 25 percent of mously concluded violated the Voting Rights for everyone else, was evident even in Mr. China’s population of 1.2 billion? It is Act—only to be overruled by their politically Bush’s speech to the N.A.A.C.P. Mr. Bush 300 million people that will be in the appointed superiors. never mentioned, wages, which have been Chinese middle class. About the same So yes, African-Americans distrust Mr. falling behind inflation for most workers. Bush’s party—with good reason. number of people will move into the And he certainly didn’t mention the min- middle class in India in 10 years, 300 imum wage, which disproportionately affects f million. African-American workers, and which he has DEBATING REPUBLICAN TAX Now, what is the population of the allowed to fall to its lowest real level since United States? Our total population is 1955. POLICY IN A CIVIL MANNER 300 million. If we are going to compete Mr. Bush also never used the word ‘‘pov- The SPEAKER pro tempore. Under with China and India, the middle class erty,’’ a condition that afflicts almost one in the Speaker’s announced policy of Jan- four blacks. uary 4, 2005, the gentlewoman from is a competitive class. That is the edu- But he found time to call for repeal of the cated class. That is the people that estate tax, even though African-Americans West Virginia (Mrs. CAPITO) is recog- have technical proficiency to compete are more than a thousand times as likely to nized for 60 minutes as the designee of with us in the high-tech area. They are live below the poverty line as they are to be the majority leader. doing it and will do more of it. In addi- rich enough to leave a taxable estate. Mrs. CAPITO. Madam Speaker, I tion to China and India, you have Rus- Economic issues alone, then, partially ex- want to thank my good friend and col- sia and a number of other places in Eu- plain African-American disdain for the league, the gentleman from Missouri G.O.P. rope that will have middle-class folks (Mr. CLEAVER) for joining me here this But even more important is the way Re- to be in that competitive arena. publicans win elections. evening in an important discussion We need every American to be com- The problem with policies that favor the that I think should interest all Mem- petitive. We have only got 300 million. economic elite is that by themselves they’re bers. I am going to talk a little bit Our goal should be to make every not a winning electoral strategy, because about how we got started on this.

VerDate Aug 31 2005 03:40 Jul 25, 2006 Jkt 049060 PO 00000 Frm 00096 Fmt 4634 Sfmt 0634 E:\CR\FM\K24JY7.102 H24JYPT1 jcorcoran on PROD1PC62 with HOUSE July 24, 2006 CONGRESSIONAL RECORD — HOUSE H5665 I am a member of the Rules Com- But I did read in some booklet that when we are in different arenas with mittee, and on the Rules Committee we SHELLEY MOORE CAPITO was one of our follow Members, Republican or have a Subcommittee on Civility. The those individuals interested in this Democrat, we can get a lot done when chairman asked me to chair the Sub- issue of civility. So finding someone we are not on screen, or when we are committee on Civility, and I have some who shared my feelings that the peo- not a talking head on a 60-second cam- frustrations because now it is just the ple’s House could and should do a lot paign or television ad. two of us on the Subcommittee for Ci- better, we began to discuss what we I think that the American public has vility. But we share a common goal felt would be an appropriate way to sort of lost faith that maybe we can ac- here, and I think that tonight we are deal with this subject. complish things. We know that things get done. I think that what we are run- going to do sort of a demonstration b 2100 project. ning the risk of, and you mentioned We are here this evening to highlight The truth of the matter is, that Mrs. collateral damage, what we run the a major problem facing the House of CAPITO and I disagree on the issue of risk of is losing the ear of the Amer- Representatives, and that is the con- the tax cut, and we will debate that ican public. tinuing lack of civility during floor de- issue passionately in just a few min- Not only are they not bringing their bate. The blame does not lie with one utes. But perhaps it would be impor- children to the television to listen to party or the other; rather, it is incum- tant for me to say before we actually what we are talking about, they are bent upon all of our Members to main- get into that subject that we have dif- turning us off, because they cannot tain an appropriate level of civility and ferent backgrounds. We have different find the truth in what we are saying. decorum during debate. political affiliations. Our districts are Because we overexaggerate or we try to The manner in which we address our vastly different. But we do passion- disparage people’s character or lose re- colleagues on the floor is not only re- ately agree that there is a need to pro- spect in our arguments. corded in the CONGRESSIONAL RECORD, mote civility in the halls of Congress. I think if we lose the attention of the but is also broadcast through C–SPAN There are many, many days that I American public, we run the risk of an to millions of Americans across the Na- leave this House disgusted, not so apathetic country that no longer cares tion each day, and probably around the much about a vote, as I am over what or has faith in their leadership to be world. The advent of C–SPAN was a was said prior to the vote. I have heard able to cut through and cut to the great public service, allowing the pub- all kinds of things fall from the lips of chase and lead. So I think we are not lic to view the floor proceedings in otherwise good and decent men, who alone in the Congress. There is a Cen- Congress from their homes, both the were elected to represent a constitu- ter Aisle Caucus that was put together good and the bad. ency here in this body. I have unfortu- with Republicans and Democrats to- It is healthy for Members to come to nately heard, even at times religion gether to try to solve this problem. the floor and debate the issues facing used to hurl an attack at another But I am really pleased that tonight our Nation, but it must be done in a member. we are going to launch into this debate manner that is respectful of our fellow I agree with Mrs. CAPITO, it is not and see what we can demonstrate and Members, the people we are elected to one party, the insults have fallen from what we can learn. If you will, we are serve, and the distinguished body we the lips of people on both sides of the going to go, kind of go free-wheeling. are proud to serve. I can tell you when aisle, unfortunately. But I would like So should I go ahead and start? I speak to my constituents across the to just end my opening comments, Mr. CLEAVER. Please. Seniority. I Second District of West Virginia on a Madam Speaker, by saying that some think it would be good if we had, you variety of topics of concern to all West suggest that we are in a culture war. know, we do not get in much free- Virginians, I am always guaranteed If you accept the notion that we are wheeling debate on the House floor. So one line of applause, and that is when somehow at war, then I think it is easy if you feel you want to move in on I apologize for the lack of civility in to accept the fact that whenever there something, go ahead, and I will let you the House of Representatives. is war, there is always collateral dam- interrupt, and you can let me interrupt So, tonight, Mr. CLEAVER and I will age, and collateral deaths. And in the and we will go like that. have a good, spirited debate on the tax sense that we are having a cultural Let’s talk about tax policy. In the policies put in place. I firmly believe war, I would suggest that the collateral United States Congress, since I have that the tax policies have spurred the deaths or the damage is being done to been here, we have passed two very economic growth that we are experi- the United States of America. meaningful tax bills. We have passed encing and will continue to lead to- I am not sure that there are a lot of the Jobs and Growth Tax Relief Act in wards a robust economy. mothers and fathers watching this ses- 2005, and we also passed the Economic Mr. CLEAVER and I do not agree on sion tonight who, on a regular basis, Growth and Tax Relief Act. this tax policy, but we can agree that summon their children to the tele- We have to look at where we were, in it is an important debate to have and vision set to say to them, look, we my opinion. Where we were was we one that can be conducted in a civil want you to watch Congress in action were post 9/11, we had a corporate scan- manner. So we are going to highlight and they will teach you how to get dal, we were in the beginnings or in the our differences of opinion on tax policy along with people when you disagree. I middle of a recession in our economy, and then have a general discussion on do not think that happens very often in and we were having difficulty pulling improved civility in the House of Rep- this country and it is sad. ourselves out for a lot of different rea- resentatives. I yield to the gentlewoman sons. Madam Speaker, I now yield to my Mrs. CAPITO. Well, for some addi- With the leadership of the President, friend from Kansas City for his opening tional comments on that, before we we followed through in Congress to remarks and any other remarks. move to our policy debate, I think you pass those two tax relief Acts. I think Mr. CLEAVER. Madam Speaker, I make excellent points. I want to con- I would like to go to the numbers and thank the gentlewoman. gratulate you for your initiative on talk about some of the things that I Madam Speaker, I would like to asso- this matter. But I also know this is not think are significant in terms of the ciate myself with the comments of my a new initiative for you. When you numbers and how it has influenced colleague and friend, SHELLEY MOORE were a Mayor of Kansas City, it was Americans. CAPITO from West Virginia. When I was something that you were very dedi- I always like to personalize every- elected, I sought to find those who cated to, a lot of coalition building, a thing to my State, so I have some were interested in and concerned about lot of talking across the aisle or talk- State numbers as well. For instance, the uncivil manner in which the Mem- ing with maybe unnatural partners this year, who will gain tax relief? 111 bers of the House communicated with that you would not naturally see could million taxpayers will see their taxes one another and, of course, there were be your allies. decline by an average of $1,877. Signifi- not a lot of people walking around with And I think that, you know, we know cant numbers. signs saying I would like to work on ci- and I know that when we go to our Five million total individuals and vility. committees and when we go home or families will see income tax liabilities

VerDate Aug 31 2005 04:55 Jul 25, 2006 Jkt 049060 PO 00000 Frm 00097 Fmt 4634 Sfmt 0634 E:\CR\FM\K24JY7.103 H24JYPT1 jcorcoran on PROD1PC62 with HOUSE H5666 CONGRESSIONAL RECORD — HOUSE July 24, 2006 completely eliminated, because we but I surmise that they really do not I think we both agree that in order to moved the tax, the lowest tax bracket, pay, by the time they get their deduc- stand behind our troops and arm our down to 10 percent. tions, by the time they get their child troops and give them the best tech- Forty-four million families with chil- tax credit, by the time they get their nology, we want to make sure that we dren will receive an average tax cut of marriage penalty erased, by the time have the dollars in the Federal kitty to $2,493. That is because we have moved the bracket is moved down, the actual be able to do that. I believe that the down significantly the child tax credit. amount that they pay in that income tax and growth policies that we have Fourteen million elderly individuals tax brackets is probably very small. put in place, that we need to have the will receive an average of $2,000, and 25 While I admit to you a $2 average tax firm and strong engine of the American million small business owners will save lowering is diminimus. I mean it is economy running on all cylinders. an average of $3,641. nonexistent for anybody. But my ques- Because if we do not have businesses So those are the numbers in terms of tion would be, what is their actual tax producing, if we do not have people em- what could possibly be saving, average burden at that level? And would you be ployed, then we are not going to have savings through the tax relief. But I advocating giving a tax break to some- the tax collections that we need to sus- think we need to look at where we are body who does not actually pay the tain what is a tremendously expensive right now. We have an economy that is tax? We already have the earned in- time in our country’s history. moving in excess of 3.5 percent in gross come tax credit, where we try to take b 2115 national product. some of those things into consider- We have created, over the last sev- ation. But I would like to say, with the tax eral years, 1.85 million jobs over the Mr. CLEAVER. I would not support relief packages that we passed, the two last 12 months alone, and 5.4 million giving any additional tax cuts to peo- major ones that we passed, we have had since August of 1993. What I think this ple who are already paying virtually no a surge in tax revenues. Just this year translates to is more small business taxes. The earned income tax credit, I alone, tax revenues are running 11.1 owners having more money to create think, adequately, appropriately and percent over last year and a 14.6 per- jobs, to buy more equipment, which significantly deals with the people who cent increase over 2005. creates more jobs. are at the very lowest end of the in- So what does that tell me? That tells I think we also have individuals who come level in this country. And they me that with more discretionary in- have more discretion over their own are paying virtually no taxes. come for the individual, and we also dollars. They can say what they want However, I do think that the tax cuts have a higher per capita salary, rates to buy, when they want to buy it be- are inevitably going to be dispropor- are going up, with more discretionary cause they have fewer Federal taxes to tionate because of the disproportionate interest for small businesses. I live in a pay. I think that empowers them to income. But the problem that I am State where the main economic engine consume more goods, which then trans- having with that, in addition to the is small business, so hiring that one lates to more business to more jobs. fact that they are not as equitable as I more person is very significant in a So I see it as an engine that is mov- think we could design them, we are the small State like ours, a rural State. ing in the right direction. I believe only Nation in the history of the plan- Because of the tax relief and the job that the tax relief package and the tax et that I can find out that actually growth policies that we have put into cuts that we passed are a large part of moved for a tax cut during a time of place, our engine, our economic engine that. war. is roaring in terms of employment, in Generally during a time of war, we Mr. CLEAVER. If the gentlewoman terms of discretionary, in terms of con- ask the people of the Nation, particu- will yield. First of all, I agree with sumer spending. And I think that is re- larly our Nation, to make sacrifices. your numbers. The job gain during this flected in the numbers of our tax col- And so we are making significant administration from 2003 to the present lections being higher and higher. spending a part of our day-to-day liv- does bring the total jobs to 5.4 million. My State of West Virginia, State tax ing in this country with a conflict My disagreement with the numbers is collections are up over $100 million. I going in Afghanistan, a conflict going happen to live in an energy-rich State, that the numbers do not include 2.7 in Iraq, and who knows what will hap- so because of the energy situation, I do million jobs lost prior to the growth pen with all of the troubles now in the have to put my plug in for coal, be- period. Palestinian territories as well as in And so if you subtract the 2.7 million cause of our coal, we are enjoying a Lebanon. jobs that were lost, you actually will So I think that we missed a rare but good economic stand. have a 2.7 million jobs increase instead a very, very key opportunity to chal- Mr. CLEAVER. I expected that. Mrs. CAPITO. So I think that the ef- of 5.4 million. And I have my own lenge the people of our country to chart. And I do not quarrel with your make sacrifices during this particular fect of these policies has been for us to numbers. But I have taken the num- time. And one of the sacrifices I think be able to have higher tax collections bers in a different direction. we should have pushed on the Amer- to be able to afford and to be able to In 2005 dollars, income in 2005 dollars, ican public is that we cannot have tax cut the growth of the deficit. We were this chart reflects the tax savings for cuts at a time of war. projected that the deficit was supposed Americans. And if an individual earned Because we are borrowing all of the to grow by, originally projected to between $10,000 and $20,000 annually, money. Most Americans probably do grow $423 billion. That is not good. their tax savings will be $2. not realize this, we are borrowing all of That is not good. But the good news is $20,000 to $30,000, $9. $16 if you are be- the money we are spending to fight the it is only expected to grow $296 billion, tween $30,000 and $40,000. If you earned war in Iraq and Afghanistan. which is $127 billion less than it was $75,000 to $100,000 your tax savings is When people in the country read that originally projected because of the $403. And it goes on up, $500,000 to a we are considering supplemental budg- higher tax. million your tax would be $4,499. ets, they probably do not realize that Mr. CLEAVER. If the gentlewoman And the point I want to make here is when we say we are just approving a would yield, and I want to talk about that the people who earn the most get supplemental budget, it means that we the increase in tax revenues, but I a huge tax cut, and people who do not are going out to sell our paper, we are want to make sure before we leave this earn much at all end up at the bottom going to out the market the full faith subject, this particular area, that one- in terms of the tax cuts. And so all of and credit of the United States. We are tenth of 1 percent of Americans, this America cannot celebrate the tax cuts borrowing money from the U.K., from one-tenth of 1 percent who earn $1 mil- because all Americans are not getting China, from Japan, and particularly, lion per year or more will receive 43 a tax cut that will have any kind of im- the Pacific rim countries that are ex- percent of the tax cut, while everyday pact in their day-to-day lives. ploding with growth. Americans, men and women who earn Mrs. CAPITO. I think the question I Mrs. CAPITO. Well, I think that the $50,000 or less, will get 2 percent of the would ask you on your chart would be way to pay for a war, the war on terror, tax break. They will receive a $10 year- if those folks in the $10,000 to $20,000, it is tremendously expensive. We have ly tax cut, or enough to buy barely $3 and I do not know the answer to this, had many votes on this. worth of gasoline. And so the people in

VerDate Aug 31 2005 03:40 Jul 25, 2006 Jkt 049060 PO 00000 Frm 00098 Fmt 4634 Sfmt 0634 E:\CR\FM\K24JY7.104 H24JYPT1 jcorcoran on PROD1PC62 with HOUSE July 24, 2006 CONGRESSIONAL RECORD — HOUSE H5667 the lower end, as I said earlier, are we would have done, but it is hard to tax cuts, and I think that we would be hurt. say at the time that we would have wise or certainly we would have been But with regard to the tax revenues been right. But I think we let our wise to have some tax credits to the that are surprising Democrats and Re- homeland security reach a point where corporations who engage in a certain publicans alike, I would like to just we just weren’t paying attention, and amount of research and development. I quote Bruce Bartlett, who was an econ- so we have put billions of dollars, and think if the tax credits can be linked to omist with President Reagan and also rightfully so, into not only protecting research and development, then we with the first President Bush. And he our localities to helping with our first know that those dollars are going to said, ‘‘I do not see how President responders. We found that was a real recirculate, they are going to come Bush’s tax cuts can be given any credit weakness on 9/11. We are now talking back into the budget. for the booming economy. All we have about border security and border pro- I also think that we ought to give tax seen is the upturn we get after every tection, which is something that is tre- credits, that the one we had has ex- recession. In other words,’’ he says, mendously important to all of us. pired, for parents who are sending their ‘‘without any tax cut at all, we would So there is no question that the children to college, they ought to get be pretty much in the same place eco- strains and binds on our budget have tax credits. We are going to be locked nomically.’’ And then Bernanke, the been very, very difficult. And what we into a very, very tough competitive new Fed chief, said, ‘‘I think it is un- haven’t done, along with the tax and battle with India, with China, with usual for a tax cut to completely offset growth policies, is we haven’t reined in Japan, and even with Taiwan; and so revenue loss.’’ And I agree certainly our spending as well as we should on we have got to educate as many chil- with former Reserve Chairman Alan certain areas where we can be much dren as possible, and we have got to Greenspan who said that tax cuts wiser with the Federal dollar. make it easy for parents to pay for should be made in the context of a But we cannot find ourselves in the that college. PAYGO resolution, which I support situation where we are in now, where But the reason we won’t be able to do very strongly, and I know there are Re- we have found this year with the larger that, and this is another thing that publicans who support the PAYGO res- tax collections of 11 percent higher should cause us to reconsider the tax olution as well. that has been able to already dem- cuts, is the interest payments on the And for people who are watching us, onstrate just this first 6 months that debt. Now, the interest payments are what Alan Greenspan is saying is that, we are now able to say that our deficit obligatory, and it is right now the yes, tax cuts can be healthy, but the growth is going to be $126 billion less third largest expenditure in the United government must become a disciplined than it was projected to be simply be- States Federal budget; and that is body and that they must pay as they cause we have more tax, a tax revenue very, very dangerous. We can cut Vet- go, that we cannot afford to just be- that has been spurred by the economic erans Affairs, we can cut homeland se- come ravenous in our spending to the growth that has been spurred, in my curity, we can cut education; but we point where we push our country into a opinion, by the tax cuts and reconcili- can’t cut net interest because the in- very, very dangerous place economi- ation packages that we passed. terest on the debt is obligatory. And it cally. We are $8.4 trillion in debt, and And I would just like to read one doesn’t matter what else happens eco- we have raised the debt ceiling repeat- thing to remind myself and everybody nomically in this country. We have got edly to the point now where it is over else, and this is a little off the subject, to pay at least the interest on the debt $9 trillion. And the problem with that but if you will allow me, all the indi- because the Chinese, the European constant raising of the debt ceiling is vidual taxes that we all pay, we pay market will not have an understanding that we are borrowing our children and State sales tax, a lot of us do in West that we are not paying this interest. our grandchildren into significant Virginia, we do, 5 percent on food, 6 And I also think that is extremely trouble down the road. percent on everything else; State in- dangerous, because we are borrowing And $1 trillion is very interesting. come tax, local property tax, Federal money from countries that in all like- Most people have difficulty with 1 tril- income tax, capital gains tax, divi- lihood we are going to have some dif- lion, and I do, too. However, $1 trillion dends tax, State corporate tax, Social ficulty with. We are even borrowing would equal essentially if a person Security payroll tax, FICA tax, gaso- money, $50 billion so far, from OPEC. spent $1 million a day from the time line tax, gambling tax, cigarette tax, And how does this fit in with the tax they were born until they were 75 years cell phone tax, telephone tax, Federal cut? Well, the problem is that we are old, $1 trillion. We are $8.4 trillion in State tax, State tax, municipal fees. continuing to borrow money, taking debt. And with that kind of debt, we I mean, we are taxed not to death, money out of the budget with the tax can ill afford to subtract dollars out of but we are getting there. And I think cut, and the interest is rising. And the the Federal budget that would gen- the best thing that we can control here interest payments do in fact have a erally be coming from tax dollars while in Congress is our Federal income tax very, very direct impact on taxes. And we are taking money out, not only and the income tax that we assess on we would obviously be able to lower with the debt, but with the interest our small businesses. That is why I taxes if we were able to lower the in- payments, which I will speak to a bit think Americans are always very mind- terest rate. later. ful of their Federal taxes on April 15, We have become a debtor nation, and Mrs. CAPITO. Well, I think you have but I think that come these past April that is not healthy. We owe everybody hit on an excellent topic in that the 15s, with the tax relief, families with around the world, and in fact we will deficit is troubling to all of us. I cer- children, married couples, families in end up borrowing $36 million during tainly don’t want to pass on to my the lower-income brackets who have this 1-hour debate, $36 million during children and grandchildren a heavy and been moved either off the rolls or down this one hour of debate. And when we burdensome deficit. And we found our- to the 10 percent bracket have all seen, are borrowing that kind of money and selves in a position with the recession, along with those who make more then giving tax cuts that will not come with corporate scandals, with the war money on your chart, more than the $1 into the Federal coffers, it seems to me on terror, with an attack on our Nation million, have been able to see more we are working against ourselves. where we had to respond, we have had money in their pockets so they can Mrs. CAPITO. I guess my question to to beef up our defense, beef up our in- have more discretion and more respon- you would be, in looking at your chart, telligence, beef up our armaments and sibility over their own personal money, as just a point of clarification for me, at a very, very expensive cost. Not and they don’t send that money here to the hand chart, the red is the interest even to mention our homeland security Washington where we spend it or, as payment. Is that correct? costs, something that unfortunately I you said, overspend it. Mr. CLEAVER. Yes. wasn’t here but I am not sure I would Mr. CLEAVER. I agree with you that Mrs. CAPITO. Your solution that you have been any wiser. we are taxed heavily in this country, are advocating would be to raise the That is one thing I don’t like about all the way from these Chambers, this taxes from where they are right now to our debate in Congress, we all have Chamber all the way to city halls pay and meet this obligation. Is that great hindsight. We can predict what around the country. But I do believe in basically correct?

VerDate Aug 31 2005 03:40 Jul 25, 2006 Jkt 049060 PO 00000 Frm 00099 Fmt 4634 Sfmt 0634 E:\CR\FM\K24JY7.106 H24JYPT1 jcorcoran on PROD1PC62 with HOUSE H5668 CONGRESSIONAL RECORD — HOUSE July 24, 2006 Mr. CLEAVER. No. I think we elimi- Republican side, the truth of the mat- So I will rest my case with that and nate the tax cuts, which would allow us ter is they all agree that things will listen to your final argument. to begin to retire our debt. And if we moderate shortly to around 3 percent Mr. CLEAVER. My final argument is, just eliminate the tax cuts, and I will in the next few quarters. and I think this is a very, very good ex- have to fumble through my papers to So I do not argue with the facts, and ample or illustration of the disparity find out the exact amount of money we all ought to be happy there is some between the recipients of the best ends that we would bring back into the life injected into the economy right of the tax cut. Treasury, but it would be so significant now. I just do not think that we ought Lee Raymond, who was the retiring that it could essentially put us in good to come to the conclusion that it is CEO of ExxonMobil, owns 7.7 million stead with regard not only to our debt long lasting, number one; and number shares of their stock. Now, at the cur- but the interest we are paying, or not two, I think that it would be wrong to rent dividend rate, he would generate, only the interest but the debt we have. assume that all is well in this govern- if he sold his stock today, $10 million. ment so we can give the people a tax On top of that, he will have a $2.5 mil- b 2130 cut back because it lulls them into be- lion tax cut. I think when we see that Mrs. CAPITO. Okay. To draw a con- lieving that we have no problems. kind of disparity it has to pull at us trast here in our two positions, you I want to say that we do have some that something is dreadfully wrong. would be for eliminating the tax cuts. major problems, some major economic Now, I am not upset with Mr. Ray- Mr. CLEAVER. Yes. problems, not the least of which is the mond. I do not even know him. He may Mrs. CAPITO. I would be for keeping growing debt that is eating away at us. be a nice person. He may want to tithe the tax cuts in place, letting them I thought this was interesting. If we to the church I pastored, but what I am grow for their maturation. I think a lot pay $1 per second, it would take us concerned about is the fact that his of them do not kick in for full force 284,000 years to pay off our debt. 284,000 total retirement package came close to until 2010, because the trend that I am years to pay off our debt if we paid $1 $400 million, including his 7.7 million seeing is this 11.1 percent more collec- per second, and that is scary. shares of stock. That is far more than tions, more people working, industrial The other numbers, if we laid dollar one human being needs to earn, and I production increasing 4.3 percent, real bills side by side all around the globe, think that people who are earning hourly compensation rising at 3.2 per- we would be able to go around the $34,000, $45,000 a year are going to look cent, real consumer spending increas- globe 34,196 times with dollar bills re- at a $2.5 million tax cut for this gen- ing at 5.1 percent over the first quar- flecting the debt we have, and we can- tleman and wonder about themselves. ter, productivity in the Nation up 3.7. not afford to give tax cuts, fight the My final point that I have continued See, I would say to you that because wars, handle the many issues that to make, as my uncle says sometimes I of the tax relief, because of the job come before us at the same time. We make the argument poorly, but it is growth package and because of that, just cannot do it. that we cannot do everything. We can- we are going to be able to grow our- Mrs. CAPITO. Well, again, I think we not do everything. We cannot fight a selves and our economy to meet the are probably going to agree to disagree war, $87 billion a year; we cannot fund needs to be able to take a sizeable on this, our policies, and we have dis- all of the programs that people lobby chunk out of that red part of your agreed through our votes, I think, on you and me every day to fund; and we chart. the floor of the House. have used up every single nickel of the Mr. CLEAVER. That would be true, I think what I have appreciated Social Security surplus. That is dev- but we cannot do everything that we about your argument is you have astating, and we have got to come to need to do and give the tax cuts. I talked about the problems that we grips with pay as we go, like all other mean, I think we have to keep in mind have, and I think that is what we need Americans. If they want a refrigerator, the growing cost of the war against to do in this body. We need to agree on they try to wait and pay for it. terror, and we do not even budget for what our problems are, and we have But what we have done is has been to it. Most of the Americans will probably not even touched on some of our bigger demonstrate that to the people of the find it amazing that we do not even ones like Social Security and Medicare United States that the amount of cred- budget for the war, and the supple- for the future, and this is all going to it they have, credit debt does not mat- mental budget, of course, is supposed pool into this argument. ter. In 2004, we saw the average credit to be for unexpected costs. We did not So, my suggestion would be that, of card debt for Americans rise by 63 per- even budget for the rebuilding of the course, I believe, and I think I have cent. Now, Asians save on an average gulf coast region. All of that finds its emphasized that point quite enough to- of about 20 percent. The savings rate, way into the supplemental budget, and night, that the policies that we have Mr. Speaker, for the United States, I am saying that we are borrowing put in place have us on the right track. this is embarrassing, is minus zero. We money that we might not have to bor- What the future will bear, the future go on the other side. We are not saving row if we had it in the Treasury, and will bear, and we will be able to see, any money at all. we would have it in the Treasury if we but had we not had these policies in So the country looks at us, the Con- had not given it in tax cuts. place, I do not think we would see this gress of the United States, we are Now, I want to say that the economic engine moving as quickly as we have. spending wildly, and they have joined stimulus, the administration’s tax cuts So I am going to rest my argument in. Because the American public is not in 2003 had particularly low bang for here on those facts, on the economic saving, the government cannot borrow the buck. The moderate economic facts, on the facts that in my State of domestically. We are borrowing some growth has not been disbursed, as I said West Virginia, we have some of the his- domestically, but when we get ready two or three times a night, to most torically lowest unemployment we for the heavy lifting, we are travelling American families. After accounting have ever had; and that we have 50,000 around borrowing money from Carib- for inflation, the typical American West Virginians who have children who bean Nations. family’s income has decreased every are now paying fewer taxes; and that I think that reeling in the tax cuts year of the Bush presidency for a total we have 94,000 taxpayers in West Vir- will allow us to address some of those reduction of $1,700. Now, that is when ginia who are benefiting from a lower other problems and reduce the amount you factor in the inflation. It has tax rate; and that we have 510,000 tax- of borrowing. dropped to $1,700. payers who now are in the 10 percent Mrs. CAPITO. Well, that is a very re- The GDP growth in the first quarter bracket; and we have 194,000 married spectful debate, and if you are ready, I this year was, as you said, a strong 5.6 couples who are paying less, and these think we will just kind of close. I think annual rate, but most forecasts, includ- are not the wealthy 1 percent. we have covered a lot of our bases, and ing the economists in the White House, These are the hardworking people of I want to thank the gentleman from see the growth moderating to around 3 West Virginia who live in a beautiful Missouri (Mr. CLEAVER) for, I think, a percent over the next few quarters. So, State, the same State they want to very instructive debate, and I think we whether you take the economists who raise their children in and want to have learned a lot from each other. I lean on the Democratic side or on the have a future there. certainly have, and I would now like to

VerDate Aug 31 2005 03:48 Jul 25, 2006 Jkt 049060 PO 00000 Frm 00100 Fmt 4634 Sfmt 0634 E:\CR\FM\K24JY7.107 H24JYPT1 jcorcoran on PROD1PC62 with HOUSE July 24, 2006 CONGRESSIONAL RECORD — HOUSE H5669 move just a little bit about the civility so on this floor, if we believe deeply in Johnson are about to launch their issue in Congress. what we are saying, that is even more Presidential races. Barry Goldwater I found a couple of quotes, one of reason to be civil. calls the White House and made a re- which was from Winston Churchill who When I was elected to this body, and quest that would be laughed at today. said, ‘‘Many forms of government have my father and my sisters and my wife He asked that he be allowed to ride been tried, and will be tried in the and our 4 children and nieces and neph- around the country with LBJ on Air world of sin and woe. No one pretends ews all came to Washington, I was very Force 1 and they would stop at various that democracy is perfect or all-wise. excited over the fact that I was elected cities and debate the issues. That is the Indeed, it has been said that democracy to this body. Only 18,000 people in the kind of leadership that we need now in is the worst form of government except history of this republic have been able this Congress. all those other forms that have been to sit in this Chamber and debate, and I believe a part of the reason that the tried from time to time.’’ we are the only office in the United tone in this Chamber has plummeted so None other than our first President, States that must be elected. You can low is because the volume is too loud, President George Washington, when he ascend to the presidency without being literally. Too frequently Members fail began, he wrote, ‘‘Rules of Civility and elected; you can ascend to the vice to extend the courtesy of attentive and Decent Behavior,’’ and it is fun to presidency; you can ascend to the Sen- respectful listening to other Members thumb through this because some of ate, to governors, to lieutenant gov- when they speak on the floor. Too fre- them are telling us not to spit on the ernor, to the to the U.S. Senate and so quently volume is so loud in this floor and make sure we go out clothed forth. We have to be elected here. Chamber with disrespectful and dis- and all those things that I think we do b 2145 courteous conversations that Members do that all right. But the very first one end up shouting to be heard, and that that he has is, Every action done in If a vacancy occurs, nobody can ap- only contributes to the incivility here company ought to be with some sign of point anyone. We have to be elected. in the House. respect to those that are present. He That means that this is a special body. Let me conclude by saying that as we also said, ‘‘Think before you speak, There is nothing like it. were thinking about this debate, I pronounce not imperfectly, nor bring And so I assumed when I came here I looked at everything I could look at, out your words too hastily, but or- would join the likes of James G. Blaine and one of the things that surfaced was derly, distinctly.’’ Those are wise, wise and Cordell Hull, who came to this that civility derives from the Latin words, I think, from our very first floor and demonstrated a wizardry of word civitas, which means city, espe- President. I am sure that if he is in Mt. words. Once upon a time, the level of cially in the sense of civic community. Vernon listening to us right now, or debate and oration in Congress was the Civitas is the same word from which not us, but some of the debate that we envy of the world. We had the example civilization comes, the age-old assump- have on the floor of the House, then he of the silver-tongued spellbinders like tion behind civility is that life in the is not too proud at the level of dis- Daniel Webster and John Quincy city has to be civilizing. People could respect that we sometimes show our Adams and Henry Clay. And the amaz- not live in a city without civility. And colleagues. ing thing that many Members of this I believe that we cannot and should not So I want the thank you for joining body may not know is that Henry Clay dare to walk into the people’s House with me in this effort. I want to say to was in the United States Senate, but without a strong and irreversible com- all the other Members on both sides became so enamored with the debate in mitment to civility. that we want this to be an ongoing the House, that he did something that I would like to thank the gentle- practice, where we will pick a good people would never even think about woman from West Virginia for this op- topic that we can debate civilly and doing today. He left the United States portunity. I hope that next month we other such exercises, and we are going Senate to become a Member of the will have other Members of this body to grow this committee, the two of us, House of Representatives, to stand in joining us for a discussion on some- so we can return this body to the great that well to debate the great topics thing that we feel very passionate esteem, the great integrity, the great facing the Nation. about, and will probably not convince respect and the great historical honor That is one of the things I thought the other side, but I think the public that I believe it is due. So I thank Mr. about when I came to this body. Henry will benefit by the debate. CLEAVER. Clay was known as the great com- Mrs. CAPITO. I agree with the gen- Mr. CLEAVER. I thank the gentle- promiser, not as the great bomb throw- tleman, and I have to say additionally woman. I actually have read George er, but the great compromiser. He is re- that I am a mother of three, and I Washington’s book on civility. RUSS membered in history because he knew think sometimes that the lessons that CARNAHAN, my colleague from Missouri how to work with people on all sides, a we teach our children, when we come who is from St. Louis, gave me that compromiser. And somehow we have to here, we have forgotten. We teach our book shortly after we arrived because I come to the conclusion if we want to be children not to interrupt; we teach our was talking all the time with many of remembered, maybe, just maybe we children to show respect to their class- the freshman Members about the issue, can be remembered better for our abil- mates and their parents; we teach our and so he very kindly gave me that ity to work with one another. children to not say bad words; and we book. We had a situation when I first came teach our children to listen or be quiet I think neither of us are likely to here with 25 jobs being lost in Kansas when other people are talking. I have change our opinions on the tax cuts, City, and some people told me that I even been in this Chamber when I have and I think that people who watch, needed to go to war. We were going to heard hissing at another Member when particularly Members of Congress, lose it anyway, so I needed to go to war they are speaking. hopefully realize that talk does not with a Republican, FRANK WOLF. It So I pledge to you my cooperation, have to be toxic, and in many in- didn’t sound right to me. So I did and I enjoy your eloquent words. stances, that is what has happened on something that was completely stupid. f this floor. The more convinced we are I called FRANK WOLF on the phone, that our position is sound and moral went to his office, we met, we talked VETERANS AFFAIRS AND and ethical and right, the less hostility about the issue, and he said, Cleaver, HOMELAND SECURITY we need to speak of it. you’re right. The SPEAKER pro tempore (Mr. To give you an example, Ghandi and Twenty-five jobs were saved because POE). Under the Speaker’s announced Martin Luther King, Junior, both be- I refused to go to war with someone policy of January 4, 2005, the gentle- lieved so deeply in what they were just because he was a member of the woman from Pennsylvania (Ms. doing and the moral world coming to other party. And I am convinced that SCHWARTZ) is recognized for 60 minutes their side that they were so civil that much more could be accomplished here as the designee of the minority leader. they were willing to be beaten and to if we worked together. Ms. SCHWARTZ of Pennsylvania. Mr. even go to jail. They did not respond in I have heard this story more than Speaker, I am pleased to have the op- kind to the things that were done, and once. Barry Goldwater and Lyndon portunity this evening to speak on two

VerDate Aug 31 2005 03:48 Jul 25, 2006 Jkt 049060 PO 00000 Frm 00101 Fmt 4634 Sfmt 0634 E:\CR\FM\K24JY7.109 H24JYPT1 jcorcoran on PROD1PC62 with HOUSE H5670 CONGRESSIONAL RECORD — HOUSE July 24, 2006 different areas. I hope we get to both in bit of dialogue, because I am joined my women who are serving in Iraq and Af- this hour. This is a Special Order that two of my colleagues, JOHN SALAZAR, ghanistan, especially when the VA is has been organized for some of the as I said, who is going to talk about a still seeing more returning service- Democratic freshmen, the new Mem- number of issues; and then RUSS members than they anticipated. bers of Congress, and I rise first to say CARNAHAN from Missouri is also going Let me talk briefly about the second that I am very pleased to participate in to join us. We may be joined by others failure, that of theft. On May 3, a lap- this and to have helped organize it. as we go through the evening, but the top containing the personal informa- This is the third of our Special Or- three of us, I hope, will able to have tion of 26.5 million veterans and 2.2 ders, and we have done this because we this conversation about our commit- million active duty service personnel do believe as new Members we come ment and our belief in our promise to was stolen from the home of a VA em- from a very diverse group. Many of us veterans of this country. ployee. This sheds light on a severe served at the local and State level. We Mr. SALAZAR. problem within the VA. It took 19 days come from very different backgrounds. Mr. SALAZAR. I thank the gentle- from the date of the theft for VA to no- Some of us are lawyers, some in aca- woman and thank you for your com- tify Congress and the public. demics, and some are ranchers. We are mitment to our veterans in this great I introduced H.R. 5588. This would really very active members in our com- country. allow for fraud alerts, credit freezes, munity, but we bring with us this expe- Mr. Speaker, this country owes no credit monitoring, new notification re- rience at the local and State level, yet greater debt of gratitude than it does quirements for VA, and it would re- a fresh perspective on some of the to its veterans and military service quire the VA to establish a new IT se- major debates of the day. personnel. Throughout the history of curity protocol. The House Veterans’ We certainly bring with us a commit- this great Nation, men and women Affairs Committee marked up, just this ment to making sure that our home- have heard the call to service and have last week, H.R. 5835, the Veterans Iden- land is as safe and secure as each and done so to defend freedom and democ- tity and Credit Security Act of 2006. It every American expects it to be, and racy. I would like to take this time to helps protect veterans by offering an that is certainly our first and foremost personally express my gratitude to our assortment of credit protection tools, commitment. I and my colleagues real- veterans and our military men and credit freezes, fraud alerts, monitoring, ly wanted to speak this evening both women serving right now in places near and it centralizes the VA IT security about the security of our homeland and and far around the globe. with a new Under Secretary position also about our commitment to those When these brave men and women and new notification requirements. men and women who have served this sign up for service in the military, our Mr. Speaker, I would yield to the Nation in the armed services. Particu- government makes certain promises to gentlewoman from Pennsylvania to larly as a Nation at war, we have tre- them, promises that are all too often talk a little bit about the budget short- mendous respect for those who are ac- forgotten or neglected later on. They falls within the VA system. tively serving, but want to remember are promised lifelong health care with- Ms. SCHWARTZ of Pennsylvania. as well that as they come home and in the VA system, they are promised Well, I thank you, Mr. SALAZAR, for that others who came before them also educational benefits, and they are laying out some of the issues before us. have a right to expect we will meet our promised that their spouses will be As you know, I serve on the Budget commitments and our promises to taken care of if they are killed in ac- Committee, and so we have had this de- them. tion or die from a service-connected bate about the Veterans Administra- So what we are going to do first, we cause. Mr. Speaker, I do not think that tion, veterans health care in par- are going to try to split this hour, if we we are holding up our end of the bar- ticular. can, between the two different topics. gain. And it is so easy for people to stand So I will ask my colleague, John Let me just address a few of the fail- up for veterans. We all do this. On Vet- Salazar, a freshman, a veteran from ures that we have seen this year. Let erans Day we go and visit with our vet- the great State of Colorado, to speak. me talk shortly about the budget erans. I know for you it is probably He has really been an outspoken leader shortfall. true, for me as well, I will be stopped amongst the freshmen on the issue of This Congress, over the past year and sometimes on the street by a veteran veterans. a half, has been witness to monumental who will tell me about his service and So I will just close by saying that I failures at the VA. First, we watched who will feel strongly and deeply com- am the daughter of a veteran. My fa- the VA come up short in its 2005 budg- mitted. ther served in the Korean War. And I et. We were told that the administra- One little aside, if I may. I actually can tell you that my very first memory tion had not anticipated the number of brought three veterans together who as a child was my father returning claims from returning soldiers. A $1.5 had not ever received their medals. One home when I was 5 years old. He came billion budget shortfall is simply unac- actually was receiving the medal for a to school, I was in kindergarten, and he ceptable. deceased brother who had never gotten came to the public school to pick me I was happy when we passed emer- it. It was a really wonderful moment. up, and my brother, who was a year gency supplemental funding for our They brought their families. One ahead of me in school, to greet us after veterans which was not impaired. We brought three generations with them. not having seen him for 2 years. This cannot forget that part of the con- What was interesting is they all man in uniform arrived at school, and tinuing cost of the war on terrorism is started talking to each other, and I I can tell you honestly that I did not providing for our veterans. With that asked if they knew each other, and recognize him. in mind, I offered an amendment to the they said, no. Two of them had actu- So I also speak as a family member Iraq war supplemental we passed ear- ally served in World War II and one had of a veteran. And I hope that we do lier this year. In this bill, setting out served in Vietnam. So they didn’t even have the opportunity this evening to billions of dollars for the ongoing cost know each other, yet there was a talk about the sacrifice not only of our of the war on terrorism, I asked for a comradery and an understanding and a men and women in service but of their mere $630 million to ensure that the commitment and a caring they had for families as well. Because certainly the VA did not fall short on its budget each other that was so clearly ex- families are also committing them- again this year. This amendment was pressed. It was a wonderful moment to selves and sacrificing as well. And we ruled out of order during debate on the acknowledge their service to this coun- do know, and I know we will talk about bill. try. this, that the process of healing and of What is out of order, Mr. Speaker, is reinvigorating both the family and the the short-sighted nature of the decision b 2200 veteran when they are back home is made by the majority and the adminis- But those are the good moments, I something that we all want to be com- tration. That $630 million seems like a think, when you interact with vet- mitted to. small price to pay for mental health erans. But there are the other ones So I would like to now turn over the services, prosthetic research, and ad- where they say, What is going on with conversation, and I hope we can have a ministrative support for those men and the veterans health care I get? I am

VerDate Aug 31 2005 03:48 Jul 25, 2006 Jkt 049060 PO 00000 Frm 00102 Fmt 4634 Sfmt 0634 E:\CR\FM\K24JY7.111 H24JYPT1 jcorcoran on PROD1PC62 with HOUSE July 24, 2006 CONGRESSIONAL RECORD — HOUSE H5671 standing in line for my prescription mine in high school, who served in the serious stress-related illnesses and rec- medicine. I have to pay more. Are military at the same time as I did. He ognize that and try to make some serv- there shortages? Why does the Vet- called me when I was a State rep- ices available. I think that in the years erans Administration not have the re- resentative Colorado and mentioned past, we basically said you come back sources that it should when we have that he couldn’t get in to see a VA doc- from war and just go home and get a the President standing up both with tor and that he was having massive job and go back to your family and you active servicemen and with veterans chest pains. And it was shortly after will be fine. And, in fact, our young and they voice respect. We have got to that that we were finally able to get men and women, and they are young turn that respect and commitment into him into the VA hospital in Albu- and women, we are talking about 19, 20- the hard dollars that say we are going querque, New Mexico. And we were year-olds, 21-year-olds, some who have to meet these problems for the Vet- lucky because what the doctors told had some life experiences before but erans Administration. him was that if he had not gotten the they are being put in a very difficult We have a Veterans Administration immediate medical attention, he would position, being asked to make very hospital in Philadelphia that does a have died within 5 days. They per- tough choices. They perform admi- fine, fine job. But I can tell you, and I formed heart bypass surgery, five by- rably. They perform wonderfully. We give some credit to Congress on this, passes, the next day. are proud of each and every one of that we did already increase the level So it scares me that nearly 25 per- them. of funding for the Veterans Adminis- cent of the cases that are waiting have But many of them use such strength tration from what the President had been pending over 180 days. I think this to do that while they are in harm’s way proposed. So already we said that is means that almost 100,000 veterans in and then come back and say now, how not adequate. We will not accept that this country have been waiting to find do I think about what I have done for budget. And we spoke up for veterans. out how they can access the system. the last 18 months, the last couple of But nonetheless, there are not cuts And I do not think that that even be- years, how do I integrate that with the this year, but there are cuts in later gins to account for the hundreds of life I have now? So they are coming years for the Veterans Administration. thousands of vets waiting just to get in back in larger numbers. Some of the So that is certainly not meeting the to see a doctor. Mr. Speaker, I think statistics of mental health experts in- commitment that even if we do not cut this is wrong, wrong, wrong. dicate that between 17 and 26 percent it this year, we are cutting it in future Ms. SCHWARTZ of Pennsylvania. Mr. of our troops returning from combat years. That means that the Veterans Speaker, not to interrupt, but if I may operations in Iraq and Afghanistan Administration, veterans hospitals, reclaim my time, I want to talk about may experience symptoms of post trau- will not be able to know that they are the number of veterans. My staff did a matic stress syndrome, and what that means is that they deserve and need going to be able to be there for vet- little bit of work here to just say that counseling; that counseling should be erans when we have now veterans com- there are six States that have over 1 made available through the Veterans ing back, of course, who are now serv- million veterans in their State alone. Administration. And when we see cut- ing in Iraq and Afghanistan. And in Pennsylvania, we have the backs, it is just unacceptable to think So we are going to see some real fourth highest number of veterans in that we might actually leave a veteran shortfalls, and you may speak to this our State. We have over 1 million vet- with that kind of serious disorder real- as well, but we are seeing a proposal by erans in Pennsylvania alone. And I can the President again this year to add ly on their own. look up Colorado. I am sure the gen- And that is really what we are expe- fees for veterans when they come for tleman will be interested. There are riencing. And I know that we, as Demo- health care, that they should have to 427,000 veterans in Colorado. crats, have brought up amendments to pay. We have had to fight this enroll- I should check Missouri too because try to address that to make sure that ment fee once a year. They have to pay we have Mr. CARNAHAN with us. And we there are counseling services available, that. They have to pay additional fees were talking about over 500,000 vet- more active services available, mental when they see a see a physician. And erans. health services. These are, as we know, we know that many of our veterans So these are actual people living in illnesses that we really need to make have come back with serious injuries, our States asking for asking for health sure, particularly in a post-deployment with certainly mental health problems, care, as you say, on waiting lists, going situation, that they receive screening which I know you will want to talk to the pharmacy, being asked to pay and diagnosis and that no one goes about a little bit later as well. But in for more prescription drugs, being without the care that they actively de- serving on the Budget Committee, we asked to pay an enrollment fee to get serve. have been able to make some of these their health care, and not assured that Mr. SALAZAR. Mr. Speaker, I would changes. We have to give some of the they are going to get the kind of health also like to talk a little bit about our hard dollars, but I think really the care that you are saying is really life- GI Bill of Rights for the 21st century. issue here is that they are such big saving. The promise that was made to our numbers but if we are talking about a Mr. SALAZAR. I thank the gentle- servicemen and women with respect to number here of $8.6 billion below the woman, and that is correct. In my dis- education, I think, should be kept. As funding that we saw previously, those trict alone, I have 75,000 veterans that it stands now, Reserve and National are real dollars in the care and atten- we service. Guard soldiers are not eligible for the tion that our veterans deserve. And When the VA actually made the same educational benefits as active- they will see the effects unless we fight original budget, they had figured that duty personnel. This disparity of access back and demand that we are going to they would treat one out of every five is simply unacceptable. Currently, meet this commitment to veterans. veterans coming back from Iraq and close to 50 percent of our troops in Iraq Mr. SALAZAR. Mr. Speaker, I thank Afghanistan for mental disabilities. It and Afghanistan are National Guards- the gentlewoman. now turns out that they are treating men and Reservists. If the gentlewoman will continue to one out of every three. House Democrats are introducing the yield, today I would also like to ad- So with that I would like the gentle- new GI Bill of Rights for the 20th Cen- dress the issue of backlogs, and I would woman from Pennsylvania to talk a tury to honor the bravery of our troops like to mention another troubling fact little bit about the mental health and and the tremendous sacrifices that that we are facing with the VA back- the posttraumatic stress disorder that their families have made. The National logs. We have patients that are seeking veterans have when they come back Guard and Reserves have made extraor- medical attention and they are on from such terrible wars. dinary contributions, making up about waiting lists, and these waiting lists Ms. SCHWARTZ of Pennsylvania. Mr. 50 percent of the troops in Iraq. can take as long as 180 days to get Speaker, this is one area where I think The new GI Bill of Rights honors that through. Can’t we do better than 180 we, in the broader sense, certainly the contribution with provisions that pro- days? military itself, the different branches, tect their income, to help more than 40 Mr. Speaker, I will tell you a story have recognized better than they have percent of those call up who have suf- about a friend of mine, classmate of ever before that there is actually very fered pay cuts to serve our country. We

VerDate Aug 31 2005 03:48 Jul 25, 2006 Jkt 049060 PO 00000 Frm 00103 Fmt 4634 Sfmt 0634 E:\CR\FM\K24JY7.112 H24JYPT1 jcorcoran on PROD1PC62 with HOUSE H5672 CONGRESSIONAL RECORD — HOUSE July 24, 2006 have had stories of families that are ets, crippling administration policies You mentioned posttraumatic stress struggling because they are not mak- and overall neglect. The administra- issues that we have seen really crop- ing the same amount of money since tion has, frankly, misplaced priorities, ping up from many who have served. the spouse left and he is off fighting a and we see that on the ground when we But the other thing we witnessed first- war and taking a pay cut. Stories of talk to folks back home every day. I hand in a delegation that traveled to soldiers losing their homes and fami- am sure you have seen that, the gen- Iraq last year, the doctors there in the lies out on the street. I think this is to- tleman from Colorado and the military hospitals told us many more tally unacceptable. gentlelady from Pennsylvania, when soldiers are being saved from battle in- It also expands military health care you talk to your veterans and veterans juries, dramatically more are being to provide full access to TRICARE, the organizations back home. saved. Although we are having fewer military health care program, to all I believe it is our job as Members of lost lives, we are having more lost members of the Guard and Reserve and this body, and it is not just the Demo- limbs, and although technology has im- their families for a low fee. crats’ job, it is the job of everybody in proved in terms of prosthetic devices, Finally, the package improves re- this House that represents people back there will be a whole new generation of cruitment and retention incentives and home. This should be, if anything, a these veterans coming out of service bonuses for the reserves so that they unifying issue and a unifying cause in that will need those kind of specialized are more equitable relative to those of this Congress, taking care of those who services, and we cannot let them down. the active-duty components. have served our country and made it Mr. SALAZAR. Mr. Speaker, I would b 2210 what it is today. like to just tell you a little story of someone who was my hero, and that Not only is this just and fair, I think Ms. SCHWARTZ of Pennsylvania. I think the gentleman makes a really was my father. He was a World War II it is necessary, given the recruiting staff sergeant who served during the and retention problems facing the Re- both good point too, that in fact one of our responsibilities, and I just heard bombing of Pearl Harbor. serve and National Guard these days. When he was 82 years old, he was di- While I am proud to say that House the debate earlier on how to be civil in our disagreements, and there is strong agnosed with Alzheimer’s disease. As Democrats have taken the lead on this the disease progressed, he slowly start- issue, we will not be able to realize this disagreement between the two mem- bers who were speaking, but they were ed to forget things. But about the age reform without the support of our col- of 84, one morning we were sitting leagues on the other side of the aisle. I certainly civil. But this is one where I think again around my mother’s kitchen table look forward to working with all Mem- there and we heard my father fumbling bers of this House, as well as our Na- the rhetoric about our support for vet- erans is fairly universal, and I think back in his bedroom, and he came out tion’s military and service organiza- shortly after that and in his hand he tions. that is a good thing. But we have to build on that to find a way to meet this had his World War II staff sergeant uni- Ms. SCHWARTZ of Pennsylvania. Mr. form. He told us, ‘‘I want to be buried Speaker, I would like to yield to the commitment and to be realistic about what this commitment means. The in this uniform.’’ gentleman from Missouri (Mr. We are taught not to argue with Alz- commitment means that we not only CARNAHAN) to talk a little bit about heimer’s patients, so we said, ‘‘Sure make a commitment for this year, but the VA employees. dad, no problem.’’ But as the disease we do a budget for 5 years and we make Mr. CARNAHAN. It is good to join progressed even more and more, he a commitment for 5 years, and we say you tonight, my fellow Members from started forgetting more things. But to the veterans hospitals that you are the freshman class of 2004. every now and then he would bring up going to have the resources. We say to This obviously is something that the fact, ‘‘Please, I want to be buried in veterans that you won’t have to wait 6 when I go back home to Missouri, my uniform.’’ whether I am at a Veterans’ Day func- months and you won’t have to pay a 40 Anyway, at the age of 86 he suffered tion or a 4th of July function and I talk percent increase in your fees that you a massive heart attack. My mother to our veterans that have served so are paying. called me and I rushed over to the well and so ably, this touches their It gets complicated. We have all house, and I remember that when I hearts. They are so proud of their serv- probably had calls in our offices about picked him up from the floor to put ice and what they have done to make different levels of disability and what him on the gurney to take him to the our country what it is today. you get paid or what you don’t and how hospital, with the very last ounce of But there is a certain element of sur- you get your care through the Veterans strength that he had in his body he prise when they talk about the dis- Administration. It is complicated, and reached up around my neck and he told appointment that the government is maybe that is appropriate. me that he loved me, and the very last not doing everything it should to take But certainly from our point of view, word that my father ever said to me care of our current veterans, but also I think you are right, this has to be a was ‘‘uniform.’’ to take care of this new generation of commitment that we make as Demo- We buried my father in his uniform. veterans that we are producing in Iraq crats and Republicans, because cer- But to many veterans, the only thing and Afghanistan today. tainly when our men and women go to that they have to hold on to is this We have a VA hospital back home in war, they are not going as Republicans great country, because they served St. Louis. Like many of our colleagues, or Democrats, they are going as Ameri- with such pride and passion. So it is we hear continued concerns about the cans, and our commitment has to be to our duty as Members of Congress now access and the service. I have seen a veterans, all of whom are Americans, to keep our promise to those veterans. statistic that more than 60,000 veterans all of whom deserve not just our re- Mr. Speaker, in conclusion, I com- today are waiting more than 6 months spect, but the hard core services that mend my colleagues for their work and for an appointment at a VA hospital. we have told them they will get and dedication to preserving the benefits of Part of what we have proposed as they should be able to get. our Nation’s veterans. We must never Democrats in this House is to increase I very much agree with you that we forget the sacrifice that they have funding by $1 billion to the VA to help have to find those dollars and we have made in the defense of freedom. address those issues, the resource to find them in a responsible way. All On a personal note, I would like to issues and the priority issues, and also of us up here are for a balanced budget, express my most heartfelt gratitude to to require the VA to pay veterans $500 but this is not about spending money Congressman LANE EVANS, our distin- a month when their disability claims we don’t have. It is about our priorities guished ranking member on the Vet- have been left pending for over 6 and making sure we put those dollars erans Committee. Lane is a Marine months. They should not have to suffer in priorities as we articulated them. who fought hard for veterans, and he because the government does not have Mr. CARNAHAN. There is a new set has been a true inspiration and mentor the resources or has not made it a pri- of challenges out there, not just taking to me in my first term here in Con- ority to take care of them. care of our current veterans, but this gress. I know that I will miss him, as Our employees at the VA work in new generation of veterans that are many of us will, and I wish him the this environment of decreasing budg- coming back with unique challenges. best of luck in retirement.

VerDate Aug 31 2005 03:48 Jul 25, 2006 Jkt 049060 PO 00000 Frm 00104 Fmt 4634 Sfmt 0634 E:\CR\FM\K24JY7.113 H24JYPT1 jcorcoran on PROD1PC62 with HOUSE July 24, 2006 CONGRESSIONAL RECORD — HOUSE H5673 Ms. SCHWARTZ of Pennsylvania. Mr. lion and a half people who live in have seen it happen in Madrid, we have Speaker, I thank the gentleman, and Philadelphia, but the millions of people seen most recently a rail tragedy in you are more than welcome to stay who come in and out of the city to Bombay, India. with us if you are willing to as we work every day, roads and highways. So we know this can happen. But we switch gears. We are talking about volunteer fire do not have an ability right now for Let me first of all let me thank you companies in some of the suburban them to be able to talk to each other. for sharing your personal story. I think part of my district, and a major urban And I think that is unacceptable. I that it is important for us to think city fire company. We are talking think that the Federal Government about what compels us to do what we about police that work in a rail sta- should have said, here are the best do. Sometimes sharing a personal tion, we are talking about police who ways to do it. We have looked at it. We story, we don’t always remember to do work in the city, we are talking about have examined it. This is the way it it. So I thank you for your willingness suburban police officers, we have State has been done elsewhere. Those are op- to do that. I hope that all of us are for- police. tions that you have. This is a spectrum tunate enough to have parents that in- These are numerous jurisdictions, all we will dedicate to emergency respond- spire us. You were fortunate certainly of who have had to try and figure out ers and be able to have them talk to in that. what is the best way for them to be each other, and here are the dollars to We did want to take the discussion prepared in the case of some kind of make it happen. about that and talk about another area tragedy, such as a terrorist attack or a In fact, their application was denied. that we are deeply concerned about, natural disaster. And I want to be, I You know, I do not understand that. I and certainly has been very much a guess I want to say positively, is that do not understand how the Federal topic of concern for all of us here in we have taken this seriously and we Government can say it is not a pri- Congress and I think for all Americans, have done much more than we might ority, that our fifth largest city’s tran- and again certainly as I go around my have. sit system does not meet this require- district, I am well aware of the fact But where the failure is is the lack of ment. It is not acceptable. that we are in changed world. leadership from the Federal Govern- And we can give example after exam- Since 9/11/2001 and the terrorist at- ment to help make sure that we have ple of these situations. We had big tacks on our Nation, we recognize, if the right kind of assessments done in issues with the port security and we didn’t before, but certainly for most each of our vulnerable areas. I men- whether we actually inspect all of Americans we recognize that we are tioned our ports, I mentioned our rail cargo. We do not. Are we doing the as- under a threat from terrorism in this stations, I mention our airports, and sessment on foreign ports? We can use world and that we have a responsi- that we are providing the guidance and the example of ports. We can use the bility, and here we speak again about instructions and the assistant at the example of even in the airports where responsibility, but we have a responsi- local levels, and the dollars and re- we spend serious dollars, not all of our bility not just to talk about the fear source that they need to make sure cargo is inspected. maybe or the reality of that fear, but that they are prepared, so we are not And yet, we still go round and round to actually talk about what can we do duplicating where we do not have to, whether enough is being done, where about it. How can we do more to make we are being smart where we have to. are the regulations, where are the help sure that our homeland is safe and I will give one example, then I would we need from the Federal level. We what do we mean by that. just ask my colleagues to take an area have issues around identity cards. The It is taking the very real challenges that they might be interested in. I Port of Wilmington, not far from me, and the tragedy of 9/11, and I will say would like to have a little bit more of did a demonstration project. And we also the tragedy of Hurricane Katrina, a conversation. But one of the areas still just, after Congress was pushing and whether in fact we were as pre- that I have been particularly concerned the administration, finally got them to pared as we needed to be. Did we re- about is one called interoperability. It decide what that national security card spond as comprehensively as we should is one of those terms I am not sure I would look like for people, for workers have. I think most of us believe we did even knew about a few years ago. going into our ports. not, that there was more that should But the fact is, that it is one that we So I am, I mean, I can probably take have been done. use much more. This is how we get, up the next 20 minutes all by myself. how we communicate, how our emer- But I will not do that. But as a new b 2220 gency personnel will be able to commu- Member, we can bring our commitment But we need to take these tragedies nicate in a disaster. to securing this country. But we also and we need to say, to examine very, And the fact is that in the analysis bring maybe a little bit of impatience very clearly, and make a clear cut as- after 9/11, one of the things that we and outrage because we are new at sessment about whether, in fact, we are knew is that we did not have a way for this. I come in and I say, wait a doing all that we can to make sure all of our emergency personnel to talk minute, it is 5 years since 9/11. We just that we are more secure. to each other, to communicate. We do got a report from the 9/11 Commission. That means being sensible. I think not, in fact, know how many fire- There were far too much Cs, Ds and Fs that is what I would really like to talk fighters or police officers might have on that report of what has not yet been about this evening, is not just spending been saved if we could have actually done. the dollars, because we have spent communicated in the Towers, the So we can be critical. This is less quite a bit of Federal taxpayer dollars World Trade Center. about being critical than figuring out a on homeland security initiatives. We know that even here in Wash- way to make it happen and to get it We have to make sure that as a Fed- ington, we heard stories afterward, done. Because my constituents, your eral Government we can work with the that the Capitol Police could not talk constituents are counting on us to de- local, and State officials to make sure to the city police, because they do not mand that accountability from our ad- that we are secure where we are vul- have a way to communicate. So I have ministration, to demand that effective- nerable. That means making the right been working locally with the regional ness from these dollars, and to make kind of assessments, sharing what subway system, because the fact is, sure that we can say back to them, this works across jurisdictional lines, and that our city police cannot talk to the is the plan we have for assessing our demanding that kind of assessment and rail police underground. risk, this is the plan that we have for a plan for readiness. I come from an Now, that is very upsetting to hear meeting the demands to meet that and area, I representative southeastern about. If we had to call SEPTA police, reduce that risk, and here is what we Pennsylvania, part of the City of Phila- that is our Southeastern Pennsylvania are going to do to make sure that we delphia, part of the suburbs, so my re- Transit Authority police, as capable as have the resources, the trained per- gion is home to a major seaport, a they may be, if they need to call in for sonnel and the equipment and the major airport, a major rail station. We back-up, this is not a scenario that we know how to make sure that we are as are multi county and tri-state. We are cannot imagine, because unfortunately safe as we possibly can be in this coun- talking about literally not just a mil- we have seen it happen in London, we try.

VerDate Aug 31 2005 03:48 Jul 25, 2006 Jkt 049060 PO 00000 Frm 00105 Fmt 4634 Sfmt 0634 E:\CR\FM\K24JY7.115 H24JYPT1 jcorcoran on PROD1PC62 with HOUSE H5674 CONGRESSIONAL RECORD — HOUSE July 24, 2006 It is just not acceptable to do any Ms. SCHWARTZ of Pennsylvania. If But I would like to talk a little bit less than that. So with that bit of in- the gentleman would yield, I think you also about something that is very near troduction, if I may, if my colleagues have raised a really good point here. I and dear to my heart when it comes to want to join me. There may be some am on the Budget Committee, and national security. I think that one of local issues that you have as well. But when I saw that in fact we saw port se- the most critical issues in national se- I think each and every one of us can curity cut and this was just after the curity is to make sure that this coun- point to ways in which our own com- scandal about whether in fact we would try never becomes dependent on an- munities need to be more secure, how allow our ports to be managed by a for- other country to produce our food, as we can learn from each other and how eign company, which I think raised we have become dependent on other we have to recognize the shared risk some benefit of that discussion in that countries to produce our oil. So it real- that we have for some of the greatest it raised real awareness I think for ly bothers me when, for example, in the vulnerabilities that we have in this many Americans where we think about ag committee we who are there to rep- country. our airports of course because of 9/11, resent agriculture begin cutting pro- Mr. CARNAHAN. Mr. Speaker, I and there is work still to be done there. grams that actually keep farmers and would really just echo some of the But we found that, and in fact we do ranchers on the land, and farmers and comments that you made about inter- know better how we can do port secu- ranchers who produce the greatest food operability. When I have met with our rity, but I also have some of the num- supply in the world. And so I think police and firefighters, our emergency bers that show that in fact only 6 per- that is critical. We must make sure personnel, our front line responders cent of containers entering U.S. ports that farmers and ranchers stay on the back home, I mean they tell me that are screened. land and we have an adequate food sup- loud and clear. I mean, they are not Now, you have some debate about ply. only being given greater responsibility whether to do 100 percent or not, and You saw what happened when, during and greater burdens and greater costs there are many of us who think we the first Gulf War when Saddam Hus- to do all of those things we are asking have to do some kind of screening of sein’s troops had to give up because them to do, but they are getting insuf- every bit of cargo. But 6 percent, what they didn’t have enough food to eat. ficient help to do it. is that about? Let that never happen to our troops. If there is anybody that I have ever Well, when I visited the port in Ms. SCHWARTZ of Pennsylvania. I seen as committed to their jobs, with Philadelphia, one of the things that appreciate the comments, and it is a passion and belief in what they are people said to me, and it is interesting perspective that wasn’t on my list of doing, it is those public servants. They that the more we have assurance that things mentioned. So I appreciate that. are some of the best. But so they tell the port of origin does the kind of I think that is an important aspect, us that loud and clear. screening that they need to do, that we that we are self-sufficient, that we are The 9/11 Commission identified inter- have a relationship with that port and able to take care of ourselves, cer- that nation, the better off we are, that operability of communications as crit- tainly in an emergency that we are we can be secure before cargo leaves ical, critical to effectively respond to a prepared. natural disaster or a terrorist attack. the port of origin before it even comes And I think that you also raise a And yet in response to what we hear lo- here. First of all, it will speed things really good point about the training cally, what the 9/11 Commission has up because I hear from my business that we need for our first responders. people that the longer cargo sits in the done, the administration did not re- Mr. CARNAHAN I think mentioned that quest any funds or grants to enhance port, every day they lose money. They we all go and visit our fire companies interoperability. pay for that cargo the minute it leaves and police. And I will say here again, Again, I think a very big disconnect the foreign port, that costs them the good news is that they recognize money. from what the vital need is on the the need for more training and equip- So we have to be more efficient about ground in our communities. And cer- ment. They have said to us, and they this, but we have to get it right as well. tainly, if you look at, I want to men- sometimes proudly say this is the addi- tion port security, as the Port of St. And, again, here is where some tech- tional training. I have a group in part Louis is the second largest inland port nology can help, here is where, as I un- of my district that has joined together in our country. I have followed that derstand it, that we have only 20 people to talk to each other, to do emergency closely. in the Coast Guard who are assessing But there has been underfunding in security at 135 foreign ports. Well, that management training, because they re- the port security program. It has been can’t be adequate. That can’t do what alize particularly in the suburban part eliminated. And it has just been put in we know we need, which is to make of my district, probably have it more with a pool of other security measures, sure that the screening as the cargo so in some of the rural parts of our along with rail, mass transit and other gets loaded in foreign ports before it country where you really aren’t going infrastructure. So it is competing with even gets here is making us more se- to be able to manage it all alone, so other separate programs instead of cure. you need to be able to work with other having its own stand-alone designated So, again, we have learned certain fire companies, with the counties even funding. things in the last 5 years. That is the to be able to call them in, to be able to good thing. But we have to put that know what to do in that. b 2230 knowledge to work to make sure that And we just had some very serious And cargo security did not receive we can move commerce through our flooding in this country and certainly any increase, and the entity that is ports and also be secure. We have to be in my area just outside of my district, charged with performing security anticipating the real risks. We can’t but I went to visit anyway. And one of checks did so in only 13 percent of the just be looking backwards. the things they said to me was they 10,000 companies that it is charged with Mr. SALAZAR. In the transportation were very proud of the fact that, be- checking. And, again, with regard to committee, we have asked for an $18 cause of the planning they had done, our ports, the President’s budget has million supplemental to construct an they were better prepared than they delayed by 25 years the overall develop- above-ground tunnel for the Transpor- had ever been before. And that was a ment of the Coast Guard cutters and tation Technology Center in Pueblo, really important thing. They said they aircraft that we are using to patrol our Colorado. These are the folks that ac- had never before set aside a command ports and coastlines. So, again, I think tually do the first responder training center, that they knew exactly who there is a very big disconnect between in many instances. You have seen the was supposed to staff that command the clear needs we see on the ground, bombings of the subways in Europe, center. They knew who to call, who the discussion we hear in Washington and you look at how vulnerable we are would bring the food. They had the vol- among Members from both sides of the here in this country. And being able to unteer services that could be helpful. need to take care of our homeland se- construct that tunnel, we can train our But they also knew who and what kind curity, and the budget priorities that first responders in such a way that we of equipment in adjoining areas that we have seen the administration don’t have to interrupt our subway could really help them get right on top present. services. of things right away. And they know

VerDate Aug 31 2005 03:48 Jul 25, 2006 Jkt 049060 PO 00000 Frm 00106 Fmt 4634 Sfmt 0634 E:\CR\FM\K24JY7.117 H24JYPT1 jcorcoran on PROD1PC62 with HOUSE July 24, 2006 CONGRESSIONAL RECORD — HOUSE H5675 that that eased the urgency of the situ- I argued that and presented an ports or employed by a company that ation for many of the people who lived amendment to the Budget Committee is actually coming in and out of the in that area. to restore some of those grants. One of ports. These are for the workers. And yet, again, we need to make sure the things that happens, I was going to The problem is they do not go that the Federal Government, this is call it a trick, I suppose that may not through the screening as much then. what the Department of Homeland Se- be the nicest thing to call it, is if you These ID cards get very sophisticated. curity was set up to do, was to make put all these grant programs together They have a lot of information on sure that we don’t have everyone just and cut it, you can say I didn’t really them, but the idea here is that anyone reinventing the wheel. That just cut that particular program; I just put who is working in a port, and as I un- shouldn’t be the way it is. It is not the these three or four grant programs to- derstand, there are workers who actu- most efficient use of money. We should gether and reduced the overall amount ally go from port to port or go from be making sure that there are county- and someone else can decide later what different destinations, so some of this wide plans, that there are statewide we are going to cut. That is still a cut. is also, again, to keep the commerce plans, that there is a sense that maybe flowing. The idea here is not to make b 2240 not everyone needs to have every piece things more difficult, to be able to ac- of equipment. How do you actually join We have to understand that there are tually move things more efficiently, together? Do you do that across re- very serious issues before us. Again, I more quickly, but to do so with a sense gional lines? Who do you call and how think we are talking about being fis- of security because we have the tech- do you make that work? cally responsible here—we have a pri- nology to do that. But we have seen in fact a cut in ority and what we actually want the So this is basically a little more in- some of these security grants. And how dollars to do, the right things that we formation, but it is like showing any can that be, when in fact we can all say really need to do. kind of driver’s license, or it is a spe- that we are not finished with this task I do want to mention the earlier re- cial ID that says, yes, you have been of making sure that we are as secure as marks because there was something I screened, you have gone through the we need to be in this country. also learned from the visits in my dis- background checks to allow you to So I open it up to some of the com- trict, and that is, that this is an iden- work in a sensitive area. This is some- ments you may have in some of your tity card. We have talked a lot about thing that is important to our ports own experiences in your own districts. that in different circumstances, but and our airports as well, and that the Mr. CARNAHAN. I would like to fol- one in which we all agree on, Repub- workers who work there every day ac- low up on the issue of the screening of licans and Democrats, is that we will tually have an ID card that can be containers. You know, as we said, there have a worker ID card. We actually un- scanned quickly and that they can ac- is just a small fraction of this gigantic derstand we were not sure what should tually be able to flow back and forth volume of containers coming into our go into that, the information that very easily but that we can be secure it ports. And they are not only coming should go into it, who should produce into our ports, but then they are being is someone who we know will not en- it, how it can work. We have literally gage in any kind of criminal behavior, loaded on trucks or barges and then then tens of hundreds of thousands of they are scattering throughout our let alone terrorist behavior. workers coming in and out of our ports Mr. CARNAHAN. I wanted to say country. So it is critical we get on top every day across this country, and yet, also, I think it is so critical that we of that. the idea that we are going to scan all We had an opportunity in this House listen to our first responders. I think this cargo but then anyone can just to vote on an amendment that would the administration and some in this come in and out of the ports, driving a have required 100 percent of the con- Congress have really, I think, turned a tainers coming in this country to be truck, is something I think certainly deaf ear to many of these concerns. If scanned before they came into our not something any of us find accept- they listened to those first responders, country and were distributed. And able. I think we would see very different ac- shockingly, to me, we were not able to So, in fact, it has taken 4 years and tions coming out of the White House pass that. You know, the Democrats in Congress has had to push this adminis- and coming out of this Congress. the minority here, we are in favor of tration really, really hard. There has Also, listen to the bipartisan experts. that; it was defeated by the majority been pressure from Congress to get the Some of the best experts in our coun- here. administration finally just really re- try came together in a bipartisan way But the granddaddy of being out of cently to approve and decide what that to make these recommendations on the touch with our port security was when card would look like. 9/11 Commission that have yet to be the President proposed turning certain Now, I think that should have been fully implemented. It is really uncon- of our port operations over to a foreign years ago. I am grateful it just was scionable to me. entity. Again, just a whopper of being done, but I think it speaks to our re- So Democrats have committed, from out of touch, particularly given where sponsibility as Members of Congress to our leadership all the way down, when we are in this country today. And I keep asking the tough questions, de- the new Congress comes in January, to think we saw the public rise up, we saw manding that accountability, demand- make that one of our top priorities in this Congress eventually rise up to say, ing that high performance and demand- January, in our new Congress, to fully you know, no. You know, that is not ing that high level of government pro- implement those recommendations in good for us right now. We can’t do that vide the leadership to our local com- the 9/11 Commission report. I think it and we shouldn’t. munities, to our ports, to our airports, is just critical to our country and to Ms. SCHWARTZ of Pennsylvania. to our rail, and not just to walk away really get these sound recommenda- And just on the port, I was very much and take too long. tions through this Congress, supporting a part of the argument in that regard, One of the things we do not want to those front-line responders that have too. And I think again it brought some have happen is for us to say let us keep told us what they need and what works greater attention to the fact of port se- waiting, let us keep waiting, and then in their communities. curity and both what has been done have some tragedy happen we were not Ms. SCHWARTZ of Pennsylvania. positively and what more we need to prepared for, fully knowing that we Maybe that is a good way to sort of do. But to think that after 5 years we could have been prepared if we had wind up the conversation we are hav- have still only appropriated 16 percent taken quicker action. ing, but first let me say, I think we are of what the Coast Guard has told us Mr. SALAZAR. Can I ask a question all saying thanks just out of tremen- they need to enhance port security here. This identity card that you are dous respect for the great work that over the next 10 years. I mean, this is talking about, is this a biometric type has been done by our police and our something they are telling us, their ex- of ID system, and will every American firefighters and our emergency per- pertise, this is what we need to do. And have to carry that? sonnel, and they are on the front lines, the President actually proposed elimi- Ms. SCHWARTZ of Pennsylvania. No. and they are getting additional train- nating $173 million in port security These are just for workers. These are ing. They are working very hard to grants. for people who are employed by the make this happen.

VerDate Aug 31 2005 04:55 Jul 25, 2006 Jkt 049060 PO 00000 Frm 00107 Fmt 4634 Sfmt 0634 E:\CR\FM\K24JY7.119 H24JYPT1 jcorcoran on PROD1PC62 with HOUSE H5676 CONGRESSIONAL RECORD — HOUSE July 24, 2006 As I said, I have been impressed lo- culture, in fact, that anti-Semitism Israel so much? It is rooted deeper in cally at some of the work that has been that seems to be growing from those history than I have been able to un- done in their planning, but the 9/11 roots yet today, not just the Muslims ravel, but I know it exists today. Commission just simply, I think, as that have migrated into Western Eu- I had a high school student in my of- Democrats, we have said our first pri- rope, but also the native Western Euro- fice not that long ago from Oman, and orities would be to address some of the peans do not stand up and defend Israel I asked him if he believed Israel had a shortcomings, and that includes inter- in the fashion that I believe they right to exist; and his answer was, no, operability for all of our first respond- should because we have a lot in com- I don’t believe they do. I said, what ers, fire and police personnel. mon with Israel. would you do with the Israelis? And he Second, it would be to coordinate They are a free country. They are a said, rather flippantly, send them to local, State and Federal emergency re- democratic country, and aside from Oregon. I said, well, if that doesn’t sponse planning, that we would make Iraq, they are still the only place in work, to send them to Oregon, what sure that the administration provide that hemisphere, let me say the only would your next alternative be? He local and State governments with the place in the Middle East, where an said, I don’t care what happens. They tools and the guidance to better secure Arab can go to get a fair trial is in have no reason to be there; they have our communities and make sure com- Israel. no right to exist as a nation. munities are secure and that we ensure Israel is a Nation established in 1948, It is one little piece of real estate on that the administration makes stra- approval by the United Nations, but a the entire Earth. Isn’t there one place tegic and risk-based decisions about Nation that was carved out in a fight in all that continent, in all of the Mid- how our homeland security dollars are for freedom. It was a glorious fight, dle East, in all of Africa where they spent so that we are smart, we use and it was one that was brought from can live in peace and safety without common sense and that we use these the theme never again, never, never their enemies seeking to annihilate dollars in the most effective, wisest again will they allow an annihilation, a them? Such has not been the case, Mr. way possible. genocide to take their people. Speaker. Yet the Israelis have bent In that way, we can stand up here That is why we stand with them over backwards and have tried time and I hope we can months from now, a today, Mr. Speaker. We stand with the after time after time, with peace ac- year from now, be able to say, you Israelis because they stand for free- cord after peace accord, to try to find know, we got these things done because dom, and because they elect their lead- a way to come to peace with their it was not just a broad rhetorical com- ers and they come together in the neighbors. I think sometimes they try so hard mitment, it was putting our dollars, Knesset, and they have a prime min- that they do some things that don’t ap- putting our expertise to work for the ister and they choose their national pear to be something that is predict- American people to make sure that our destiny. able and predictably positive. For ex- homeland is as secure as we all deserve. But they have enemies that surround ample, the efforts of land for peace, as With that, I want to thank the gen- them, enemies all around them, and we watched this unfold and we saw tlemen who joined me this evening for that was proven in 1967, the 6 Days Israel give up a piece of real estate your willingness to do the freshman War, and this has helped frame, for me, here and a small piece of real estate Special Order, and I look forward to the history of Israel and their defiant, there, but also looked to see where being able to do it again, possibly in brave, courageous leadership that has they needed to defend themselves. September, but thank you and thank kept them sovereign and kept them And one of those places would be the you for your commitment to both the free. Golan Heights. The Golan Heights sits veterans of this country and also to the b 2250 up above the Jordan River Valley, up homeland security needs of this Na- near Lebanon. I have been up there in tion. But that happened to be the year I graduated from high school, and that the Golan Heights. They were occupied f was the year, as things happened, that by Syria. The Syrians put gun em- placements up there. The Jordan River RECENT EVENTS IN ISRAEL was burned into my memory. Valley is flat and fertile and beautiful, The SPEAKER pro tempore (Mr. And not that long after that, in 1973, and the Syrians would sit up on those the second war, second great war that FITZPATRICK of Pennsylvania). Under heights and they would take target Israel had after their independence, the Speaker’s announced policy of Jan- practice against the Israeli farmers where once again they prevailed over uary 4, 2005, the gentleman from Iowa that were out in the field. (Mr. KING) is recognized for half the their enemies and they established It is something to sit in those gun time remaining until midnight. their boundaries and justly earned ter- emplacements now and look down over Mr. KING of Iowa. Mr. Speaker, I ap- ritory. It was the effort of their en- that valley and see what the Syrians preciate the privilege to address you, emies around them, the Arab nations were looking at as they were picking and in doing so, Mr. Speaker, the floor that surrounded them, to drive the off Israeli farmers who were trying to of the United States House of Rep- Israelis into the sea, to annihilate feed the people in their country. It is resentatives. Israel, and to wipe Israel from the face something to meet a widow whose hus- I come to the floor tonight to address of the Earth. band was killed there as he went out the subject matter that has had the In fact, they still deny the reality of into the field to try to get the farmers world sitting on the edge of its seat the existence of a sovereign and free off the field and get them to safety as and somewhat transfixed for the last country called Israel. It doesn’t show the Syrians, just for no reason, seemed about 13 days, those days that the mili- up on the maps in many of the Arab na- to open up fire occasionally and begin tary actions began in Israel. I take us tions. They will not acknowledge that to shoot at Israelis that were farming back and lay some of the groundwork since 1948, that would be 58 years, they in the fields. on that and perhaps lay some of the still don’t acknowledge that Israel is a It is something to see what it is like framework of the history that has sovereign nation. for a nation that is surrounded by en- brought us to this point and as fellows In fact, if you look at the United Na- emies, and sometimes strategically travelers in the world. tions, resolution after resolution, Mr. have a disadvantage because of ele- Israel was established as a Nation in Speaker, comes to the United Nations, vation, because of certain tactical situ- 1948. The many thousands and thou- and that Third World-class enemy de- ations that they have, and to see a na- sands of refugees from the Second bate society lines up invariably with tion try so hard to come to peace with World War, those that survived the resolutions against Israel. They aren’t their neighbors. Holocaust, the Shoah, from the Nazi rooted in justice, Mr. Speaker. They It is something to watch the Israelis attack and the Nazi hatred, the Nazi are rooted in bigotry and hatred and pull out of the Gaza Strip and cede anti-Semitism, the Nazi bigotry and anti-Semitism. that piece of ground to the Palestin- the deep, seems to be abiding, anti- There is something the Arabs cannot ians. What is also something to watch Semitism that I do not understand explain to me when I ask them the is when there is a free election in Pal- that some in the Western European question, Why do your people hate estine, the area I guess that is referred

VerDate Aug 31 2005 04:55 Jul 25, 2006 Jkt 049060 PO 00000 Frm 00108 Fmt 4634 Sfmt 0634 E:\CR\FM\K24JY7.120 H24JYPT1 jcorcoran on PROD1PC62 with HOUSE July 24, 2006 CONGRESSIONAL RECORD — HOUSE H5677 to as Palestine, it is mostly the West from the north. Yet, after all those from Iran to Tel Aviv, that will be the Bank in Gaza, it is something to watch years, in the year 2000 they finally de- first target. But they would not be sat- that and see Hamas come to power and ployed out of Lebanon, and in that in- isfied just to have missiles that would take over and rule in the Palestinian terim, this 6-year period of time, even reach to Tel Aviv, but they needed to Authority in the West Bank and in though we had United Nations Resolu- have missiles that would reach to Eu- Gaza. You wonder what kind of people tion 1559 that said that Hezbollah had rope and then perhaps one day across would elect terrorists to rule them. to disarm and they had to step back to the United States. If they can do Well, the kind of people that have out of their involvement in Lebanon, a that, if they have a nuclear capability, been teaching their young people for very clear resolution by the United Na- Mr. Speaker, then they can threaten generations now to hate Israelis, hate tions and one that was never enforced, the rest of the world. And the radical Israelis, hate Israelis, for reasons I it is typical if you let the United Na- regime led by Ahmadinejad see them- don’t understand, and they don’t need tions enforce something it is never en- selves as martyr fighters for a nation. to understand, apparently. forced, so for 6 years Hezbollah, the They think that the 12th Imam will ar- But they elect terrorists to run their terrorist organization, brought in ar- rive if they just kill enough people who government, and then, when they have mament into southern Lebanon. are non-Muslims, nonbelievers, infi- land for peace and Gaza is handed over They dug bunkers and poured con- dels. That means everyone else, to keep to the Palestinian Authority, under crete and brought in rockets, and they it short. But as the world pressure the control of Hamas, we have Prime brought in missiles, and they got more turned up on Iran to stop their efforts Minister Olmert come to this very heavily armed and they got better to develop nuclear capability, and that Chamber, Mr. Speaker, not that long trained. There are 5,000 Hezbollah happened through the House of Rep- ago, and in his speech talk to us about troops, at least, in Lebanon, in uni- resentatives as well, Mr. Speaker, in his idea to bring 50 to 100 Jewish settle- form, paid every month, funded out of the discussions that I had with rep- ments out of the West Bank and move Iran, with military supplies out of resentatives of the Western European them up close to the fence, appro- Iran, smuggled through Syria, either nations regarding this and many of the priately, and sometimes for protection over the air or through seaports, rest of us in this Congress had those it needs to be a wall; or bring some of through Syria and down into Lebanon. conversations as well, it became clear them inside the fence and into Jeru- Fully armed, fully protected, fully to me that I didn’t see the will to en- salem so that the Jewish settlers from trained, fully funded. Every month force anything in the part of the West- these 50 to 100 settlements can be pro- paychecks coming from Iran into the ern European nations. But there are a tected from being annihilated by their hands of Hezbollah troops, uniformed couple of nations that do have the will, neighbors because of their neighbors’ and ready to take on the Israelis in a couple of nations that will not tol- hatred, bigotry, and anti-Semitism. southern Lebanon. For what purpose? erate, Mr. Speaker, a nuclear armed It is something to watch that, and And their agreement, Mr. Speaker, delivery capable Iran, and that would see how hard a nation has tried to was that they would avoid a conflict be Israel and the United States. Israel make peace with the people among with Israel because so much of Leb- because they are the first bulls eye them who are not like them. It is anon had been destroyed in the pre- with the crosshairs on them all the something to be there and see that 20 vious conflicts. And as the reconstruc- time. The United States because we percent of the Israeli population is tion of Lebanon began, they couldn’t have a responsibility to the rest of the Arab; something to know that the afford to have another war. They world, being the world’s only super Arabs in Israel go to the polls and they couldn’t afford to have their buildings, power, and we promote freedom and we vote, just like the Jews do. They can their airports, their bridges, and their protect freedom where it exists because serve in the Knesset, and they do, highways demolished in the bombard- we know that we never go to war roughly in proportion to their popu- ment that would come if there was an- against another free people. Free peo- lation as a whole. They can serve in other war. So the peace between the ple find ways of resolving their dif- the supreme court. And in fact, Ariel Lebanese and Hezbollah was kind of a ferences among other free people. Sharon, when he was active prime min- peace tied together on this implicit The stage was set, and as the pres- ister, appointed an Arab to the Israeli promise, this tension that Hezbollah sure from the world and the United Na- supreme court, full rights of property would not bring a war on Lebanon. tions and the need to finally demand ownership, rights of citizenship, and And here we sat with a static posi- that Iran give up their effort to build a rights to vote. tion in the north, with Hezbollah with nuclear weaponry and missiles to de- And some will argue that, well, there 12,000 or more rockets and perhaps 100 liver it, as that developed, the pressure is bigotry there. But still we are not or more long-range missiles in their got high enough where it became clear watching Jews killing Palestinians be- possession, with Iranians in their that the rest of the world was going to cause they are Palestinians. We are midst, trained and ready to go, sitting find some ways to put some sanctions watching Israelis defending themselves there in this static position looking on Iran. And the path of this likely from terrorists attacks. across at Israel while Hamas organized would have been to shut off some of So they said, we will give you Gaza; in Gaza in the south and began to be their funding, limit or prohibit the give us peace. Land for you, peace for prepared. We knew it was going to hap- travel of their leaders, find a way to each of us, an idea that I can’t find has pen, that they were going to attack set up sanctions first and perhaps a a precedent of ever having worked in Israel. And so they began to send spo- blockade next, the world’s stopping history, but, nonetheless, Mr. Speaker, radic rockets out of Gaza, homemade doing business with Iran. And we know that was the effort. So the Gaza Strip rockets, some of them, over into Israel. that there are countries that have con- went over to Hamas and the Palestin- Many of them landed in benign places; flicting interests there, countries that ians. And the effort in the West Bank some of them did not. would not stand with us, and Russia hadn’t quite taken shape down the vi- and China likely could have been a cou- sion of Prime Minister Olmert yet as to b 2300 ple, although it is surely in their inter- moving the Jewish settlements out of But as this went on, this static situa- est to avoid nuclear capability in that the West Bank. Taking the Jews out of tion was here, Iran is fueling and fund- part of the world. Russia is a lot closer Judea, Mr. Speaker, a place where Jews ing the Hezbollah in the north and we to Iran than the United States is. So have lived since antiquity, in an effort believe also, to a lesser degree, Hamas we have some cooperation there but for peace. Thousands of years of his- in the south. Then as the world turned not the level that we would like to see. tory traded off in an effort for land for their pressure on Iran, as Iran moved But Iran could see the pressure com- peace. forward towards developing nuclear ca- ing. And just as things were coming to We know what the answer is. And for pability, the capability to produce nu- a head in the United Nations, just as 18 years the Israeli Army had to oc- clear weaponry, nuclear bombs, and the the United Nations was prepared to cupy Lebanon in order to make sure means to deliver it, and that means act, coincidentally, some will say, but that there weren’t going to be attacks missiles that they can put their war- most of the world will see clearly coming from there down on to Israel heads on, and if that missile can reach through the ruse when the attacks

VerDate Aug 31 2005 04:55 Jul 25, 2006 Jkt 049060 PO 00000 Frm 00109 Fmt 4634 Sfmt 0634 E:\CR\FM\K24JY7.122 H24JYPT1 jcorcoran on PROD1PC62 with HOUSE H5678 CONGRESSIONAL RECORD — HOUSE July 24, 2006 from Hamas came out of Gaza and the lot stronger tie and Teheran is a spir- that we believe in. They don’t coincide attacks from Hezbollah came out of itual center for Hezbollah, where they with freedom. They don’t allow Israel Lebanon, on to Israel from the south send troops in there to be trained. to exist. They won’t acknowledge and from the north almost simulta- They bring their philosophy down to Israel’s right to exist. neously. Rocket attacks from both Lebanon. They have been a surrogate They will continue to preach hatred, places. Military incursions up, one of Iran for a long time. But the price they will continue to act on hatred, through a tunnel up into Israel where for Hezbollah was a lot higher because they will continue to seek genocide they took on Israel IDF troops and cap- their implicit agreement, the kind of against the Israeli people. They will tured soldiers, almost simultaneously. unspoken agreement, with Lebanon continue to drive them into the sea, And when that happened, when the was: Do not bring war on us. We do not Mr. Speaker. That is their effort. Israelis did what they had to do, the want to see the things we built de- People that are that fanatical with- idea of counterattack, they had to go stroyed. We do not want to lose our out a rational goal in mind, you can into Gaza, go in and engage, identify peace here. We have a fledgling democ- put them in power and elect them to some of the enemy, and then pull back racy, even though 20 percent of that government, like they have been by the out and disengage. They have been fledgling democracy are elected Palestinian people, the Hamas in the doing that for some days now, Mr. Hezbollah leaders within that organiza- West Bank and Gaza, and the 20 per- Speaker. And they will have to dem- tion. So Hezbollah took the risk and cent of the fledgling Lebanese democ- onstrate to Hamas down in Gaza that attacked Israel and started firing rock- racy that has elected Hezbollah. If they they will be back there with the full ets, sometimes by the hundreds. And as were handed over the reins of power, presence in Gaza unless the violence this has unfolded, it has become clear Mr. Speaker, I would submit that it stops and unless the prisoners are re- that this is a gambit that has been co- would be a boring life for someone who turned. And they cannot be negotiating ordinated, orchestrated, and operated has been a military terrorist and all land for peace this time. In fact, it by Iran. And Syria is complicit in this. the glory and intensity that comes ought to be the other way around. It And that is why they have been in the with that and say, okay, now it is your can be we will take this land back, it crosshairs of Israel as well. job to be the minister of education, or was ours, you didn’t follow through on So the pressure is on right there in the minister of the interior, or the your part of this bargain. the center of the bulls eye, where much minister of transportation, or maybe As I watch what is unfolding here, of the world’s conflict has been. And the secretary of state. Mr. Speaker, the coordinated attacks land has never been traded for peace in They are not cut out for that. That is on the part of Hamas in Gaza and a successful fashion. Now, we need to not part of their mission. They don’t Hezbollah in Lebanon, both were de- look at a way that we can resolve this envision themselves as one day being a signed to take the pressure off of Iran. issue once and for all. And I am not legitimate leader with a legitimate Both were designed to change the sub- sure we can get there, Mr. Speaker. government on the world stage sitting ject in the world, to take the pressure But I would submit this, that Israel is at the United Nations, or negotiating off so that Iran would not have to be the center of the bulls eye. The pres- at the roundtable in Brussels, or vis- dealing with the pressure of the United sure that comes on Israel is coming iting the White House in the United Nations, the pressure that was coming from the Arab nations, some to a States, or speaking on the floor of this from United States, from Germany, greater and some to a lesser degree. Congress here at the United States from France, from Great Britain. But a lot of them have signed up in Congress, Mr. Speaker. They don’t en- That is the effort that we need to this. Many of them launched the at- vision that at all. They envision them- continue. We need to keep turning the tacks in 1967 and in 1973. They are still selves being modern day warlords, tak- pressure up on Iran. They cannot be al- on the suspect list. They still have peo- ing terror to people who are not like lowed to believe that we do not have ple in those countries at least, even if them and seeking their path to salva- the will to follow forward with this and it is not an official policy of their na- tion, which their path would be that if shut off their nuclear capability at tion, to send money, send support, send they can kill enough people that are some point. In fact, Mr. Speaker, that military troops, send terrorists in to not like them, then they go to their message needs to be sent more clearly put pressure on Israel. Israel is the cen- eternal reward. now than ever before. Coordinated at- ter of this bulls eye. And the direct Mr. Speaker, I said about enough tacks, both funded, I believe, by Iran. pressure has come now from Hamas out about the eternal reward of a religion In fact, the leader of Hamas, Mr. of Gaza and Hezbollah out of Lebanon that is so steeped in that kind of ha- Kaled Meshal, I am going to check this to do a dual attack on Israel and put tred, but I would submit this: This Na- name to make sure I get this right. them in a two-front war in the north tion, this United States of America, Kaled Meshal, the overall leader of and the south, funded by Iran, cooper- must stand with Israel. We must make Hamas, who generally is in Damascus, ated with and coordinated and it clear that they dare not blink, and did go to Tehran, by the information I logistically passing a lot of materials we will not blink. We will stand with have. The information I have, and it is through Syria. them with everything necessary to pre- Now, we also know that the Sunnis in not supported fully yet, but it indi- serve and protect them from being an- Saudi Arabia, some of them are sup- cates that he was handed $50 million in nihilated by the hatred that surrounds portive of this, although their regime cash shortly before Hamas attacked them, and for a number of good rea- there appears to be more inclined to Israel out of the Gaza Strip in the sons. They are the vanguard for free- want to support peace and maintain a south. Now, if that happened with level of stability. But that surrounding dom in the Middle East, Mr. Speaker. Hamas, an organization that is not nat- of Israel is something that one needs to They stand for freedom. They treat ev- urally aligned with Iran because look at like a bulls eye. Israel’s being eryone in their country on an equal Hamas is Sunni and Iran Shia, but if the dead center red part of the bulls standing with the right to vote, own that happened, it is part of this theory eye, and as the surrounding countries property, serve in the Knesset, serve on that we always know: ‘‘The enemy of around that bulls eye move out, I the supreme court. Full standing for my enemy is my friend.’’ So as they would submit this, Mr. Speaker: The everyone. They are a vision for what have a common enemy, being Israel, problem of the violence and the at- the future of the Middle East can be, they can get together, and with the tacks on Israel cannot be resolved by yet a lot of the rest of the world proper transfer of cash, Hamas could simply declaring that there be a doesn’t stand with them the way they take this minor risk and do these ex- ceasefire in Gaza, that there be a need to. cursions and then attack Israel from ceasefire in Lebanon. It cannot be Another reason we need to stand with the south. solved by negotiating with Hamas or Israel is they stand up for themselves. Hezbollah had a lot higher risk, and I Hezbollah. We have supported them with foreign do not know what might have hap- ops money and they have invested it in pened with regard to funding there, but b 2310 military equipment, supplies and train- I know this, that Iran has been funding That is because their mission state- ing, and they are one of the best them all along. So they surely had a ments don’t coincide with anything trained, most ready militaries in the

VerDate Aug 31 2005 03:48 Jul 25, 2006 Jkt 049060 PO 00000 Frm 00110 Fmt 4634 Sfmt 0634 E:\CR\FM\K24JY7.124 H24JYPT1 jcorcoran on PROD1PC62 with HOUSE July 24, 2006 CONGRESSIONAL RECORD — HOUSE H5679 world. But they know they don’t have I will submit to you, Mr. Speaker, thing from a broader perspective. Gen- room for error, Mr. Speaker. that had we been able to shut Iran out erally when violence breaks out in a A small error on the part of the of this conflict, had we been able to war, we always want to scramble and Israelis and in 24 to 48 hours they could shut Syria out of this conflict, if it do shuttle diplomacy and get our Sec- be driven into the sea. It tends to con- would have stayed just Iraq and the co- retary of State there and say, hold it, centrate the mind at that moment in alition forces that were there, this con- shut it down, shut off the firing, kind history, and they have always risen to flict would have been over perhaps a of like we are breaking up a bar fight. the occasion, but they know they can’t year-and-a-half ago. Maybe even longer Well, this isn’t like that under these be complacent. ago. circumstances, Mr. Speaker, because if And we can’t be complacent, Mr. The casualties that American forces, the firing stops now, there are still Speaker. We need to be following coalition forces and Iraqi civilians many Hezbollah and many rockets in through on the Bush doctrine. We need have suffered, many of them have been southern Lebanon with many places to to be promoting freedom throughout casualties fomented by a hostile neigh- hide them. And this is a people that the Middle East, and taking a look at bor, Iran. will hide rockets inside a house that Afghanistan as a nation now with 25 I will remind you, Mr. Speaker, of has women and children in it, pull one million free people, people that have the President’s statement. The Presi- outside the house, set it up, fire it into gone to the polls and voted on that dent’s statement is if you are a ter- Israel and run back inside again, or place in the planet for the first time in rorist, if you harbor terrorists, if you leave the premises, so when the the history of the world there in Af- fund terrorists, if you support terror- counter-assault comes, there are civil- ghanistan. Yes, they have their trou- ists, you are a terrorist. That means ian casualties that occur. bles over there, but they are pulling to- you are our enemy and we are coming If you hide rockets and missiles and gether and they are fighting off the after you. troops in residential areas and you kind of resistance that seems to want But Iran has been harboring terror- house them in people’s houses, then to form and then disappear again. ists, has been funding terrorists, has you have to expect there isn’t a way to But Afghanistan is on track, and I been supporting terrorists. Although avoid civilian collateral damage. It is don’t think anybody argues that we did that is going on, and I am talking in bound to happen. the right thing going into Afghanistan, those references about terrorists in But this is a hateful people with a unless things go badly. Then I hear the Iraq, Mr. Speaker, but they have also mission in mind to annihilate Israel. If argument, well, we should have done been training, harboring, funding ter- that happens, if that should happen, something differently. But it is never a rorists, Hezbollah, in south Lebanon shame on us for not acting soon Democrat that gets criticized for any and supplying them with rockets and enough. And I will submit, Mr. Speak- decisions, I would point out, Mr. supplying them with a lesser number of er, that if someone has to take out this Speaker. missiles, and in fact supplying them nuclear capability of Iran, it would be Then in Iraq, 25 million people, a with troops of their own that have been better for us to do it than it would be more difficult proposition. But we have in Lebanon helping to fire a Cruise- for Israel. been in Iraq now since March of 2003. It type missile that hit an Israeli ship In fact, Mr. Speaker, the odds of is a little over 3 years. In that period of early on in this operation about per- avoiding it are pretty slim. With this time, there have been three nation- haps 11 days or so ago. rabid regime that is there in Iran, it al- wide, free elections. They have estab- That is a terrorist country. That is most comes down to this question, the lished a written constitution and rati- part of the axis of evil. That is a nation question being are we willing to live fied the constitution. They have estab- that threatens the world with a current with a nuclear Iran or are we willing to lished a government. They now have a or future capability to produce nuclear take the steps necessary to eliminate prime minister. weapons and to have a means to deliver their nuclear capability? I am for di- They had difficulty after the election those nuclear weapons. plomacy. I am for turning up the diplo- to get to that point where they could Iran had advisers on location in macy. I am for turning up the sanc- agree on a cabinet and form a govern- North Korea when North Korea decided tions. I am for shutting down com- ment, but they did that. When they to celebrate our 4th of July by setting merce with Iran. I am for blockading formed the government, it has been off a series of missiles that went over them, if we can go that far. Every step now about 2 months since they have the Sea of Japan. They were fizzled from A to Z, I will follow all of them. had a minister of defense and a min- missiles mostly, Mr. Speaker, but mis- ister of the interior. And now we have siles nonetheless. b 2320 a prime minister that has a leadership With Iranian observers there in Mr. Speaker, I say quickly, because if capability, and he is stepping forward North Korea, presumably this was part we do not, then what we will see is the and he is enforcing security and safety of the purchasing agents for Iran that day that it becomes too late. And the with a military arm that he has con- were there while they put on a little day that it could become too late could trol of in Iraq. That part is moving for- show of force in North Korea, perhaps be the day that the mushroom cloud ward. for the idea they would be selling those rises over Tel Aviv, or the day that But it has been a long, difficult row missiles to the Iranians. And if North they aim their missile at us and say, to hoe; a long, hard slog, to quote Sec- Korea has a nuclear capability, and well, you did not know it, but now we retary Rumsfeld. But a lot the reason most of us believe they do, how do we have the capability to reach the east for that, Mr. Speaker, has been the in- know they have not already sold a nu- coast of the United States. volvement on the part of Syria and to clear weapon to Iran? How do we know That is almost an inevitability if we a far greater degree the involvement on that those transactions have not taken do not stop them at some point. They the part of Iran injecting themselves place? have a religious fanaticism that drives into the operations in Iraq. In fact, Kadafi in Libya made the them. They do not act like a rational Iran does not have an interest in the statement the other day, and I think it State. They cannot be deterred by mu- safety and security of Iraq. They have was just yesterday, that he was a lot tually-assured destruction, because an interest in the instability in Iraq. further along on his nuclear capability their own destruction, they believe So they have been sending people and than anyone knew that he was. sends them to their own salvation. money and munitions into Iraq in an This can’t happen, Mr. Speaker. If a But they are there to create violence, effort to try to destabilize the whole nuclear weapon had been sold to the to attack people who are not like nation, if they can. Iranians, has been sold at this point, them, not just to attack western civili- As the civilian violence has gone up and if they have a missile that will de- zation, but all other civilization, Mr. the last 2 to 3 months in Iraq, it has liver it, then this regime that is in Iran Speaker. gotten more and more dangerous in today is far more dangerous than we We need to look at this at how we are that country, and we often see casualty are treating it. going to find peace in that part of the numbers that go 50 a day or even high- I would submit to this body, Mr. world. I submit it has got to come from er on the part of civilians bombed. Speaker, that we need to look at this without first, and merge down to the

VerDate Aug 31 2005 03:48 Jul 25, 2006 Jkt 049060 PO 00000 Frm 00111 Fmt 4634 Sfmt 0634 E:\CR\FM\K24JY7.126 H24JYPT1 jcorcoran on PROD1PC62 with HOUSE H5680 CONGRESSIONAL RECORD — HOUSE July 24, 2006 bulls-eye that is Israel. If we try to do for the constitution of Iran. Let that I am also disturbed by the words of it any other way, we are simply put- be an inspiration to the people in Iran. the Iraqi foreign minister who had this ting a band-aid on a bleeding wound. f to say, Mr. Speaker: Iran doesn’t claim So Hezbollah has got to be annihi- that they want to obtain a nuclear lated out of Lebanon, and Hamas has 30-SOMETHING WORKING GROUP weapon or a nuclear bomb, so there is got to be controlled in Gaza. But mean- The SPEAKER pro tempore (Mr. no need that we ask them for any guar- while, Iran has got to be taken out of FITZPATRICK of Pennsylvania). Under antee now. Every country has the right this picture so they are not funding the Speaker’s announced policy of Jan- to have its nuclear technology, every training and fomenting war in places uary 4, 2005, the gentleman from Mas- country like the Islamic Republic or like Iraq and in Israel. sachusetts (Mr. DELAHUNT) is recog- any other country. I also find that dis- But they are doing so in both places nized for the balance of the time until turbing. We ought not even to pose the right now and they are getting away midnight. question to Iran, according to the Iraqi with it, Mr. Speaker. We have to put a Mr. DELAHUNT. Mr. Speaker, I am foreign minister. stop to that. We have to understand not going to consume all of the time. I And let me finally note the words of our enemy before we can do that. thought that I was going to be joined the prime minister of Iraq who will ad- This Nation needs to have the will to by my colleagues from the 30 Some- dress this House this week. And, again, do what we need to do. During this thing Group, but it would appear to- he said these words in reference to the process of sanctions and perhaps a night that only the ‘‘something’’ is Israeli response after Hezbollah kid- blockade and shutting off the economic here and the 30s have taken the night napped two Israeli soldiers and killed capability of Iran to continue to con- off. others, as well as for 2 days continued duct war, and to develop nuclear, while But I had listened to my dear friend to fly their rockets into civilian Israeli this is going on, I ask our President to from Iowa earlier, and I thought that I communities on the border between prepare this country for the job that would stay for a few minutes to make Lebanon and Israel: I condemn these may be ahead of us, and it may well be some observations. He spoke elo- aggressions and call on the Arab something that can save millions of quently and sincerely about anti-Semi- League foreign ministers meeting in lives. tism. Cairo to take quick action to stop But it would be disastrous to wake up I know he decries anti-Semitism, as I these aggressions. We call on the world in the morning some morning and find believe every Member in this body to take quick stands to stop the Israeli out that we waited too long, that a does. But he specifically alluded to aggression. Mr. Speaker, is this new Iraqi Gov- mushroom cloud went up over Tel western Europe and anti-Semitism. I ernment an ally of the United States? Aviv, and perhaps there was a missile think it is important for us to note the We should reflect on that. Particularly on its way to western Europe, or a mis- remarks just recently of the Speaker of since we have spilled the blood of thou- sile on its way to the east cost of the the House of the new Iraqi Parliament. sands of Americans on Iraqi soil, where United States, and perhaps millions of Those remarks, I dare say, can only we have given, not loaned, Mr. Speak- people could die in this process. be interpreted as anti-Semitic, and er, as some of us recommended, but This does not include smuggling they are in my judgment disturbing, rather given to date $30 billion in the those kind of weapons of mass destruc- and, yes, even dangerous. So while we reconstruction of Iraq. And just this tion across the borders into the United speak of the new Iraqi Government and week we are told by the Comptroller States, which are still far too porous. what we are told they are about, I General of the United States, David There comes a time to act, Mr. Speak- think it is extremely important to lis- Walker, the head of the Government er. I am not submitting that time is ten, to educate ourselves, and inform Accountability Office, that some 50 bil- right now. the American people. lion additional dollars are going to be But I am submitting that we need to I, myself, and several of my col- needed simply to restore the oil facili- establish a time frame and be ready. leagues will be introducing a resolution ties and the electric grid in Iraq, and We need to look at the countries out condemning, condemning the remarks that the American taxpayer would there in the world, and determine what of the Speaker of the House of the new have to pay for all of it. are their motives, what can we count Iraqi Parliament. We ought to be thinking carefully on them doing, what have they told us Mr. Speaker, let me read what he had about this, Mr. Speaker. These are they are going to do, and they have to say. ‘‘Some people say,’’ these are facts, where the military deployment told us they are here to annihilate us. his words, ‘‘we saw you beheading, kid- of Americans has cost in excess of $300 They repeat that over and over again. napping and killing. In the end we even billion and is escalating every day with There are people in Iran that remem- started killing women who are our no end in sight. ber the times that they lived in a mod- honor. These acts are not the work of My friend from Iowa talks about ern world. They hunger for that mod- Iraqis, I am sure that he who does this Iran. We ought to be aware, Mr. Speak- ern world again. They are repressed by is a Jew, and a son of a Jew. I can tell er, there appears to be a special rela- the regime that they have. They had you about these Jewish Israelis and Zi- tionship now evolving between Iran leaders that came forward as can- onists who are using Iraqi money and and Iraq. There has been agreement didates that wanted to run for office in oil to frustrate the Islamic movement after agreement concluded between the recent elections that they had. in Iraq, and come with their agent and Iran and Iraq, and the Iranian foreign But the mullahs shut them down, cheap project. No one deserves to rule minister has visited in Baghdad and peeled them out, put some of them in Iraq other than Islamists.’’ consulted with the new Iraqi Govern- jail and prohibited the candidates of The same Speaker by the way, had ment. Iran has agreed to construct a the people of Iran from running for of- this to say. Listen carefully to these new airport in Iraq; they have extended fice so that they could choose their words, Mr. Speaker, ‘‘The U.S. occupa- loan credits in the amount of $1 billion own leaders. tion is butcher’s work, under the slo- to Iraq. And, Mr. Speaker, I think this The people in Iran deserve freedom. gan of democracy and human rights is especially important for the Amer- We need to hear from the people of and justice’’. This is the Speaker of the ican people to know, they have con- Iran. We need to hear what they have Iraqi Parliament, our ally, whose cluded a bilateral military cooperation to say about how hungry they are for prime minister has been invited to agreement. Yes, Iran and Iraq have freedom. But they had a constitution speak to this House this week. I dare concluded a military agreement. And that was the established in 1906. It was say he ought to immediately, upon this week we will be hearing from the established August 5, 1906 in Iran. And landing in Washington, D.C. condemn Iraqi prime minister. the Constitution speaks, for the most these words. I could go on and on, Mr. Speaker, part, the same way our constitution but I thought it was important after speaks, for freedom. b 2330 listening to my friend and colleague Freedom for the Iranian people. The I find them disturbing and I am sure, that I introduce new information for us 100-year anniversary comes up on Au- Mr. Speaker, all of our colleagues will to reflect on and to analyze and be hon- gust 5, 2006. The century celebration find them disturbing. est with the American people.

VerDate Aug 31 2005 03:48 Jul 25, 2006 Jkt 049060 PO 00000 Frm 00112 Fmt 4634 Sfmt 0634 E:\CR\FM\K24JY7.128 H24JYPT1 jcorcoran on PROD1PC62 with HOUSE July 24, 2006 CONGRESSIONAL RECORD — HOUSE H5681 It is not going well in Iraq, Mr. Mrs. MALONEY, for 5 minutes, today. partment of Defense, transmitting the De- Speaker. We heard from General Mr. ENGEL, for 5 minutes, today. partment’s final rule — Law Enforcement Abizaid just this week where he said Mr. MEEKS of New York, for 5 min- Reporting (RIN: 0702-AA52-U) received July there has been serious sectarian vio- utes, today. 12, 2006, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on Armed Services. lence, and our ability to control it is Mrs. LOWEY, for 5 minutes, today. 8748. A letter from the Director, Defense very much in doubt. Mr. RANGEL, for 5 minutes, today. Procurement and Acquisition Policy, De- So when we discuss the issues that Ms. SLAUGHTER, for 5 minutes, today. partment of Defense, transmitting the De- implicate the Middle East and beyond Ms. MCKINNEY, for 5 minutes, today. partment’s final rule — Defense Federal Ac- the Middle East, it is important that Mr. OWENS, for 5 minutes, today. quisition Regulation Supplement; Reloca- we put forth all of the facts. (The following Members (at the re- tion of Subpart 225.6 to 225.76 [DFARS Case 2006-D003] received July 12, 2006, pursuant to quest of Mr. WELLER) to revise and ex- f 5 U.S.C. 801(a)(1)(A); to the Committee on tend their remarks and include extra- LEAVE OF ABSENCE Armed Services. neous material:) 8749. A letter from the Director, Defense By unanimous consent, leave of ab- Mr. POE, for 5 minutes, July 28. Procurement and Acquisition Policy, De- sence was granted to: Mr. OSBORNE, for 5 minutes, today partment of Defense, transmitting the De- Mr. BECERRA (at the request of Ms. and July 25. partment’s final rule — Defense Federal Ac- PELOSI) for today. Mr. CARTER, for 5 minutes, July 25. quisition Regulation Supplement; Extension of Contract Goal for Small Disadvantaged Mr. BERMAN (at the request of Ms. Mr. WELLER, for 5 minutes, today. Businesses and Certain Institutions of High- PELOSI) for today on account of a death Mr. BILIRAKIS, for 5 minutes, today. in the family. er Learning [DFARS Case 2006-D010] received Mr. BISHOP of Utah, for 5 minutes, July 12, 2006, pursuant to 5 U.S.C. Ms. HARMAN (at the request of Ms. July 25. 801(a)(1)(A); to the Committee on Armed PELOSI) for today on account of official Mr. KIRK, for 5 minutes, today. Services. business. (The following Members (at their own 8750. A letter from the Director, Defense Mr. HONDA (at the request of Ms. request) to revise and extend their re- Procurement and Acquisition Policy, De- PELOSI) for today on account of family marks and include extraneous mate- partment of Defense, transmitting the De- business. rial:) partment’s final rule — Defense Federal Ac- Ms. JACKSON-LEE of Texas (at the re- quisition Regulation Supplement; Acquisi- Mr. SERRANO, for 5 minutes, today. tion of Information Technology [DFARS quest of Ms. PELOSI) for today on ac- Ms. PELOSI, for 5 minutes, today. Case 2003-D068] received July 12, 2006, pursu- count of family medical emergency. f ant to 5 U.S.C. 801(a)(1)(A); to the Committee Ms. KILPATRICK of Michigan (at the on Armed Services. request of Ms. PELOSI) for today. SENATE BILLS REFERRED 8751. A letter from the Director, Defense Ms. MCKINNEY (at the request of Ms. Bills of the Senate of the following Procurement and Acquisition Policy, De- partment of Defense, transmitting the De- PELOSI) for today and the balance of titles were taken from the Speaker’s the week. partment’s final rule — Defense Federal Ac- table and, under the rule, referred as quisition Regulation Supplement; Exchange Ms. MILLENDER-MCDONALD (at the re- follows: or Sale of Government-Owned Information quest of Ms. PELOSI) for today. S. 2690. An act to designate the facility of Technology [DFARS Case 2003-D094] received Mr. ORTIZ (at the request of Ms. the United States Postal Service located at July 12, 2006, pursuant to 5 U.S.C. PELOSI) for today on account of inclem- 8801 Sudley Road in Manassas, Virginia, as 801(a)(1)(A); to the Committee on Armed ent weather. the ‘‘Harry J. Parrish Post Office’’, to the Services. Mr. BACHUS (at the request of Mr. Committee on Government Reform. 8752. A letter from the Director, Defense BOEHNER) for today on account of a S. 3187. An act to designate the Post Office Procurement and Acquisition Policy, De- family emergency. located at 5755 Post Road, East Greenwich, partment of Defense, transmitting the De- partment’s final rule — Defense Federal Ac- Mr. CULBERSON (at the request of Mr. Rhode Island, as the ‘‘Richard L. Cevoli Post quisition Regulation Supplement; Required BOEHNER) for today on account of offi- Office’’, to the Committee on Government Reform. Sources of Supply [DFARS Case 2003-D072] cial business. received July 12, 2006, pursuant to 5 U.S.C. Mrs. JO ANN DAVIS of Virginia (at the f 801(a)(1)(A); to the Committee on Armed request of Mr. BOEHNER) for today on BILL PRESENTED TO THE Services. 8753. A letter from the Clerk of the House account of personal reasons. PRESIDENT Mr. FORTENBERRY (at the request of of Representatives, transmitting the annual compilation of personal financial disclosure Mr. BOEHNER) for July 20 until 1:00 p.m. Karen L. Haas, Clerk of the House re- ports that on July 20, 2006, she pre- statements and amendments thereto filed on account of medical reasons. with the Clerk of the House of Representa- Mr. GIBBONS (at the request of Mr. sented to the President of the United States, for his approval, the following tives, pursuant to Rule XXVI, clause 1, of the BOEHNER) for today. House Rules; (H. Doc. No. 109-128); to the Mr. ISTOOK (at the request of Mr. bill. Committee on Standards of Official Conduct BOEHNER) for today and the balance of H.R. 5117. To exempt persons with disabil- and ordered to be printed. the week on account of matters that ities from the prohibition against providing 8754. A letter from the Assistant Secretary, required attention in Oklahoma. section 8 rental assistance to college stu- Transportation Security Administration, De- dents. partment of Homeland Security, transmit- Mr. WESTMORELAND (at the request of ting the Administration’s certification that f Mr. BOEHNER) for today on account of the level of screening services and protection personal reasons. ADJOURNMENT provided at Greater Rochester International f Airport will be equal to or greater than the Mr. DELAHUNT. Mr. Speaker, I level that would be provided at the aiport by SPECIAL ORDERS GRANTED move that the House do now adjourn. TSA Transportation Security Officers, pur- By unanimous consent, permission to The motion was agreed to; accord- suant to 49 U.S.C. 44920(d); to the Committee address the House, following the legis- ingly (at 11 o’clock and 38 minutes on Homeland Security. lative program and any special orders p.m.), under its previous order, the 8755. A letter from the Board Members, Railroad Retirement Board, transmitting heretofore entered, was granted to: House adjourned until tomorrow, Tues- day, July 25, 2006, at 9 a.m., for morn- the 2006 annual report on the financial status (The following Members (at the re- of the railroad unemployment insurance sys- quest of Mr. PALLONE) to revise and ex- ing hour debate. tem, pursuant to 45 U.S.C. 369; jointly to the tend their remarks and include extra- f Committees on Transportation and Infra- neous material:) structure and Ways and Means. Mr. PALLONE, for 5 minutes, today. EXECUTIVE COMMUNICATIONS, 8756. A letter from the Board Members, Mrs. MCCARTHY, for 5 minutes, today. ETC. Railroad Retirement Board, transmitting a copy of the 23rd Actuarial Valuation of the Mr. GEORGE MILLER of California, for Under clause 8 of rule XII, executive Assets and Liabilities Under the Railroad 5 minutes, today. communications were taken from the Retirement Acts, pursuant to 45 U.S.C. 231f- Ms. WOOLSEY, for 5 minutes, today. Speaker’s table and referred as follows: 1; jointly to the Committees on Ways and Ms. KAPTUR, for 5 minutes, today. 8747. A letter from the Publications Con- Means and Transportation and Infrastruc- Mr. CROWLEY, for 5 minutes, today. trol Officer, Department of the Army, De- ture.

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8757. A letter from the Admiral, United DISCHARGE OF COMMITTEE Committee on Education and the Workforce, States Coast Guard Commandant, Depart- [The following action occurred on July 21, 2006] and in addition to the Committee on Re- ment of Homeland Security, transmitting a Pursuant to clause 2 of rule XII the sources, for a period to be subsequently de- copy of a draft bill, ‘‘To authorize appropria- termined by the Speaker, in each case for tions for fiscal year 2007 for the United Committee on Rules discharged from consideration of such provisions as fall with- States Coast Guard, and for other purposes’’; further consideration. H.R. 5682 re- in the jurisdiction of the committee con- jointly to the Committees on Transportation ferred to the Committee of the Whole cerned. and Infrastructure, Ways and Means, Armed House on the State of the Union. By Mr. MCDERMOTT (for himself, Mr. Services, Government Reform, Homeland Se- [The following action occurred on July 24, 2006] LEVIN, and Mr. CARDIN): H.R. 5869. A bill to temporarily increase as- curity, the Judiciary, and Energy and Com- Pursuant to clause 2 of rule XII the merce. sistance for United States citizens evacuated Committees on Rules and the Budget from foreign crises; to the Committee on f discharged from further consideration. Ways and Means. H.R. 5766 referred to the Committee of By Mr. ORTIZ (for himself, Mr. REPORTS OF COMMITTEES ON the Whole House on the State of the HINOJOSA, and Mr. DOGGETT): Union. H.R. 5870. A bill to provide for the health PUBLIC BILLS AND RESOLUTIONS care needs of veterans in far South Texas; to Under clause 2 of rule XIII, reports of f the Committee on Veterans’ Affairs. committees were delivered to the Clerk PUBLIC BILLS AND RESOLUTIONS By Mr. SAXTON: for printing and reference to the proper H.R. 5871. A bill to establish the Math and Science Teaching Corps; to the Committee calendar, as follows: Under clause 2 of rule XII, public bills and resolutions were introduced on Education and the Workforce. Pursuant to the order of the House on July 20, and severally referred, as follows: By Mr. SAXTON (for himself, Mr. 2006 the following report was filed on July 21, PALLONE, Mr. PAYNE, Mr. ROTHMAN, By Mr. CAMPBELL of California: 2006 Mr. ANDREWS, Mr. SMITH of New Jer- H.R. 5862. A bill to amend the Internal Rev- Mr. HYDE: Committee on International sey, Mr. HOLT, Mr. OWENS, Mr. enue Code of 1986 to allow individuals eligi- Relations. H.R. 5682. A bill to exempt from BISHOP of New York, and Mr. ble for veterans health benefits to contribute certain requirements of the Atomic Energy LOBIONDO): to health savings accounts; to the Com- Act of 1954 a proposed nuclear agreement for H.R. 5872. A bill to restore, protect, and mittee on Ways and Means. cooperation with India; with an amendment preserve the natural, chemical, physical and By Mr. BARTON of Texas (for himself (Rept. 109–590 Pt. 1). Ordered to be printed. biological integrity, and the economic and Mr. DINGELL): Mr. SENSENBRENNER: Committee on the potentialities, of the New York/New Jersey H.R. 5863. A bill to authorize temporary Judiciary. H.R. 2965. A bill to amend title 18, Bight through designation and establish- emergency extensions to certain exemptions United States Code, to require Federal Pris- ment of the New Jersey/New York Clean to the requirements with respect to poly- on Industries to compete for its contracts Ocean Zone and the regulation of various ac- chlorinated biphenyls under the Toxic Sub- minimizing its unfair competition with pri- tivities therein, and for other purposes; to stances Control Act; to the Committee on vate sector firms and their non-inmate work- the Committee on Transportation and Infra- Energy and Commerce. ers and empowering Federal agencies to get structure, and in addition to the Committee By Ms. BALDWIN (for herself, Mr. the best value for taxpayers’ dollars, to pro- on Resources, for a period to be subsequently PRICE of Georgia, Mr. TIERNEY, and vide a five-year period during which Federal determined by the Speaker, in each case for Mr. BEAUPREZ): Prison Industries adjusts to obtaining in- consideration of such provisions as fall with- H.R. 5864. A bill to provide for innovation mate work opportunities through other than in the jurisdiction of the committee con- in health care through State initiatives that its mandatory source status, to enhance in- cerned. expand coverage and access; to the Com- mate access to remedial and vocational op- By Mr. SMITH of New Jersey (for him- mittee on Energy and Commerce, and in ad- portunities and other rehabilitative opportu- self and Mr. PAYNE): dition to the Committee on Rules, for a pe- nities to better prepare inmates for a suc- H.R. 5873. A bill to amend the State De- riod to be subsequently determined by the cessful return to society, to authorize alter- partment Basic Authorities Act of 1956 to re- Speaker, in each case for consideration of native inmate work opportunities in support move the reimbursement requirement for such provisions as fall within the jurisdic- of non-profit organizations and other public evacuation as a result of war, civil unrest, or tion of the committee concerned. service programs, and for other purposes; natural disaster; to the Committee on Inter- By Mr. THOMAS: with an amendment (Rept. 109–591). Referred national Relations. H.R. 5865. A bill to amend section 1113 of to the Committee of the Whole House on the By Mr. CROWLEY: the Social Security Act to temporarily in- State of the Union. H. Res. 940. A resolution recognizing the crease funding for the program of temporary 185th anniversary of the independence of [Filed on July 24, 2006] assistance for United States citizens re- Peru on July 28, 2006; to the Committee on Mr. BUYER: Committee on Veterans’ Af- turned from foreign countries, and for other International Relations. fairs. H.R. 3082. A bill to amend title 38, purposes; to the Committee on Ways and By Mr. SHAW (for himself and Mr. United States Code, to require that 9 percent Means. FOLEY): of procurement contracts entered into by the By Mr. BURGESS (for himself, Mr. H. Res. 941. A resolution honoring the serv- Department of Veterans Affairs be awarded NORWOOD, Mr. WELDON of Florida, ice of Gerard Latortue, Haiti’s Interim to small business concerns owned by vet- and Mr. BOUSTANY): Prime Minister; to the Committee on Inter- erans, and for other purposes; with amend- H.R. 5866. A bill to amend titles XI and national Relations. ments (rept. 109–592). Referred to the Com- XVIII of the Social Security Act to reform f mittee of the Whole House on the state of physician payment under the Medicare Pro- the Union. gram, to modernize the quality improvement MEMORIALS Mr. TOM DAVIS of Virginia: Committee on organization (QIO) program, and for other Under clause 3 of rule XII, Government Reform. H.R. 5388. A bill to pro- purposes; to the Committee on Energy and 421. The SPEAKER presented a memorial vide for the treatment of the District of Co- Commerce, and in addition to the Committee of the Legislature of the State of Maine, rel- lumbia as a Congressional district for pur- on Ways and Means, for a period to be subse- ative to a Joint Resolution memorializing poses of representation in the House of Rep- quently determined by the Speaker, in each the Congress of the United States and the resentatives, and for other purposes (Rept. case for consideration of such provisions as President of the United States to shift fund- 109–593, Pt. 1). Ordered to be printed. fall within the jurisdiction of the committee ing priorities and support the equitable dis- Mr. TOM DAVIS of Virginia: Committee on concerned. bursement of Homeland Security funds as Government Reform. H.R. 5766. A bill to pro- By Mrs. JO ANN DAVIS of Virginia: outlines in United States Senate Bill 10, vide for the establishment of Federal Review H.R. 5867. A bill to amend title 10, United sponsored by Senator Susan Collins, in order Commissions to review and make rec- States Code, to clarify the authority of the to ensure that all states effectively con- ommendations on improving the operations, Secretary of a military department, or the tribute to our national security goals and effectiveness, and efficiency of Federal pro- Secretary of Homeland Security in the case emergency preparedness; jointly to the Com- grams and agencies, and to require a sched- of the Coast Guard, to sell untreated water mittees on Homeland Security, Energy and ule for such reviews of all Federal agencies located on military installations; to the Commerce, Transportation and Infrastruc- and programs; with an amendment (Rept. Committee on Armed Services. ture, and the Judiciary. 109–594, Pt. 1). Ordered to be printed. By Mr. GRIJALVA: Mr. GINGREY: Committee on Rules. House H.R. 5868. A bill to amend the Morris K. f Resolution 939. Resolution providing for con- Udall Scholarship and Excellence in Na- ADDITIONAL SPONSORS sideration of the bill (H.R. 1956) to regulate tional Environmental and Native American certain State taxation of interstate com- Public Policy Act of 1992 to provide funds for Under clause 7 of rule XII, sponsors merce; and for other purposes (Rept. 109–595). training in tribal leadership, management, were added to public bills and resolu- Referred to the House Calendar. and policy, and for other purposes; to the tions as follows:

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H.R. 98: Mr. HAYES. H.R. 5452: Mr. BARTLETT of Maryland. H. Res. 222: Mrs. SCHMIDT. H.R. 239: Mr. BARTLETT of Maryland and H.R. 5462: Ms. PELOSI, Mr. SERRANO, Mr. H. Res. 759: Ms. BERKLEY and Mr. WELDON Mr. WELDON of Florida. KUCINICH, Mr. RANGEL, Mr. ROTHMAN, Mr. of Pennsylvania. H.R. 303: Mr. DINGELL. WYNN, Mr. FORD, Ms. WATERS, Mr. LEACH, H. Res. 776: Mr. CALVERT and Mr. RENZI. H.R. 474: Mr. FRANK of Massachusetts. Mr. MCDERMOTT, Ms. LINDA T. SA´ NCHEZ of H. Res. 790: Ms. WATERS, Mr. JACKSON of Il- H.R. 500: Mr. LUCAS. California, Mr. LARSON of Connecticut, Mr. linois, and Mr. DAVIS of Illinois. H.R. 503: Mr. HUNTER and Mr. WELLER. STARK, and Mr. BERMAN. H. Res. 800: Mrs. JOHNSON of Connecticut. H.R. 615: Mr. HIGGINS and Mr. SESSIONS. H.R. 5464: Mr. BARTLETT of Maryland. H. Res. 822: Mr. MEEKS of New York. H.R. 886: Mr. BURTON of Indiana, Mr. H.R. 5465: Mr. OWENS. H. Res. 912: Mr. MILLER of North Carolina MOORE of Kansas, Mr. WELLER, and Mr. H.R. 5479: Mr.CULBERSON. and Mr. KNOLLENBERG. MCCOTTER. H.R. 5493: Mr. PAYNE. H. Res. 938: Mr. HOLT, Mr. BRADY of Penn- H.R. 1078: Mr. BARTON of Texas. H.R. 5520: Mr. BARTLETT of Maryland. sylvania, Mr. MCCAUL of Texas, Mr. DINGELL, H.R. 1337: Mr. JINDAL. H.R. 5539: Mr. KLINE, Ms. HART, and Mr. Ms. CORRINE BROWN of Florida, Mrs. MCCAR- H.R. 1384: Mr. BAKER and Mr. SALAZAR. KILDEE. THY, Mr. SMITH of Washington, Mr. H.R. 1451: Mr. THOMPSON of California and H.R. 5557: Ms. SCHAKOWSKY. ETHERIDGE, Mr. BACA, and Ms. MCCOLLUM of Mr. HOLT. H.R. 5558: Mr. CULBERSON, Mr. HOEKSTRA, Minnesota. Mr. DENT, Mr. BARRETT of South Carolina, H.R. 1494: Mr. OTTER. f H.R. 1558: Mr. REICHERT. Mr. SULLIVAN, and Ms. FOXX. H.R. 1588: Mr. SMITH of Washington. H.R. 5674: Mr. TOWNS. PETITIONS, ETC. H.R. 5700: Mr. SHIMKUS. H.R. 1632: Ms. SCHWARTZ of Pennsylvania. Under clause 3 of rule XII, petitions H.R. 5704: Mr. BILIRAKIS. H.R. 1658: Mr. CANNON. H.R. 5707: Mr. POE. and papers were laid on the Clerk’s H.R. 1671: Mr. ALLEN. H.R. 5731: Mr. FATTAH and Mr. DELAHUNT. desk and referred as follows: H.R. 1688: Mr. GUTIERREZ. H.R. 5752: Mr. CRENSHAW and Ms. H.R. 1709: Mrs. NAPOLITANO. 127. The SPEAKER presented a petition of BORDALLO. H.R. 1898: Mr. BONNER, Mr. LEWIS of Cali- the Legislature of Rockland County, New H.R. 5755: Mr. ISTOOK, Mrs. DAVIS of Cali- fornia, Mr. BOUSTANY, and Mr. SMITH of New York, relative to Resolution No. 130 request- fornia, Mr. ROTHMAN, and Mr. JEFFERSON. Jersey. ing the President of the United States, the H.R. 5766: Mr. KUHL of New York, Mr. SAM H.R. 1951: Mrs. BONO. Congress of the United States and the United JOHNSON of Texas, Mr. PUTNAM, Mr. PITTS, H.R. 2034: Mr. GORDON. States Nuclear Regulatory Commission to Mr. FLAKE, and Mr. SMITH of Texas. H.R. 2568: Ms. JACKSON-LEE of Texas. immediately close down Indian Point Nu- H.R. 5770: Mr. HINCHEY, Ms. CORRINE BROWN H.R. 2793: Ms. MOORE of Wisconsin. clear Reactors; to the Committee on Energy of Florida, and Mr. OWENS. O NN AVIS and Commerce. H.R. 3082: Mrs. J A D of Virginia H.R. 5772: Mr. JINDAL and Mr. CONAWAY. and Mr. LOBIONDO. 128. Also, a petition of the Legislature of H.R. 5782: Mr. BAKER, Mr. BOUSTANY, Mr. Rockland County, New York, relative to Res- H.R. 3194: Mr. WYNN. REICHERT, Mr. KUHL of New York, Mr. H.R. 3361: Mr. FOLEY. olution No. 126 calling upon the President of HAYES, Mr. BACHUS, Mr. DUNCAN, Mrs. the United States, the Congress of the H.R. 3412: Mr. TIBERI. SCHMIDT, Mr. KENNEDY of Minnesota, Mr. AIRD NSLEE United States, the Department of Homeland H.R. 3762: Mr. B and Mr. I . LATOURETTE, Mr. EHLERS, Mr. LOBIONDO, Mr. H.R. 3903: Mr. STEARNS. Security, the Governor of the State of New PORTER, Mr. POE, Mr. FORTUN˜ O, Mr. MACK, H.R. 3904: Mr. STEARNS. York, the New York State Senate and the Mr. HOEKSTRA, and Mr. MARIO DIAZ-BALART H.R. 4264: Mr. SCHWARZ of Michigan and New York State Assembly to restore the of Florida. ‘‘Community Oriented Policing Services’’ Mr. STRICKLAND. H.R. 5784: Mr. BROWN of Ohio and Mr. DAVIS (‘‘COPS’’) Program that enabled Rockland H.R. 4366: Mr. LAHOOD and Mr. MEEKS of of Florida. County and the entire country to advance New York. H.R. 5788: Mr. MATHESON, Mr. PETERSON of public safety through added street police H.R. 4547: Mr. JINDAL. Minnesota, Mr. CARDOZA, Mr. COSTA, Mr. presence; to the Committee on the Judiciary. H.R. 4562: Mr. SHIMKUS, Mr. SNYDER, Mr. MCINTYRE, and Mr. CASE. 129. Also, a petition of the Legislature of GILLMOR, Mr. POMBO, Mr. REYES, Mr. SCOTT H.R. 5791: Mr. HOLDEN, Mr. GERLACH, Mr. Rockland County, New York, relative to Res- of Virginia, Mr. SMITH of Texas, Mr. BARROW, and Mr. WELDON of Pennsylvania olution No. 125 calling upon the President of FORTENBERRY, Mr. DOOLITTLE, Ms. MOORE of H.R. 5805: Ms. BERKLEY and Mr. ROTHMAN. the United States, the Congress of the Wisconsin, Mr. SERRANO, Mr. WEXLER, Mr. H.R. 5807: Ms. JACKSON-LEE of Texas. United States, the Department of Homeland HALL, Mr. ENGLISH of Pennsylvania, Mr. H.R. 5808: Mr. GERLACH, Mr. KUHL of New Security, the Governor of the State of New ROYCE, and Mr. NUNES. York, Mr. FORTUN˜ O, Mr. LATOURETTE, Mr. York, the New York State Senate and the H.R. 4583: Mr. MARSHALL. EHLERS, Mr. LOBIONDO, Mr. PORTER, Mr. New York State assembly to include Rock- H.R. 4597: Mr. SIMPSON. HAYES, Mr. BACHUS, Mr. KENNEDY of Min- land County in the Homeland Security fund- H.R. 4672: Ms. FOXX. nesota, Mr. MACK, Mr. NEY, Mr. SHUSTER, ing definition for urban areas security initia- H.R. 4704: Mr. WYNN, Mr. FATTAH, and Mr. Mr. BOUSTANY, Mr. MARIO DIAZ-BALART of tive (UAS1) grants for high threat urban SCHWARZ of Michigan. Florida, and Mr. BAKER. H.R. 4710: Mr. CARNAHAN. H.R. 5830: Mr. PAUL, Mr. GONZALEZ, Mr. areas in 2006; to the Committee on Homeland H.R. 4824: Mr. JINDAL. GENE GREEN of Texas, Mr. REYES, Ms. JACK- Security. 130. Also, a petition of the Legislature of H.R. 4873: Mr. MOORE of Kansas, Mr. JEF- SON-LEE of Texas, and Mr. HINOJOSA. FERSON, and Mr. CANTOR. H.R. 5835: Mr. HAYES, Ms. WATSON, Mrs. Rockland County, New York, relative to Res- H.R. 4914: Mr. BARROW. BONO, Mr. COSTA, Mr. CARTER, Mr. CASE, Mr. olution No. 124 calling upon the President of H.R. 4922: Mr. BAKER and Mrs. MYRICK. BROWN of Ohio, Ms. JACKSON-LEE of Texas, the United States, the Congress of the H.R. 4927: Mr. CULBERSON, Mr. REICHERT, Mr. JOHNSON of Illinois, Mr. GERLACH, Mr. United States, the Department of Homeland Mr. MCDERMOTT, Mr. DOYLE, Mr. MELANCON, DAVIS of Florida, Mr. WOLF, and Mr. WELDON Security, the Governor of the State of New and Mr. MORAN of Kansas. of Pennsylvania. York, the New York State Senate and the H.R. 4992: Mr. FRANK of Massachusetts and H.R. 5838: Mr. FILNER. New York State Assembly to work to allow Mr. MCCAUL of Texas. H.R. 5856: Mr. KIND. Homeland Security funding to be used to re- H.R. 5005: Mr. BAKER. H. Con. Res. 125: Ms. BERKLEY, Mr. ABER- cruit and retain personnel; to the Committee H.R. 5013: Mr. DENT, Mr. RENZI, and Mr. CROMBIE, Mr. REYES, Mr. HENSARLING, Mr. on Homeland Security. CAMPBELL of California. MILLER of Florida, Mr. PEARCE, Mr. KUHL of 131. Also, a petition of the Legislature of H.R. 5052: Mrs. NAPOLITANO and Mr. ENGEL. New York, Mrs. MYRICK, and Mr. Rockland County, New York, relative to Res- H.R. 5053: Mr. HOLDEN and Mr. ENGLISH of BUTTERFIELD. olution No. 123 calling upon the President of Pennsylvania. H. Con. Res. 306: Ms. WATSON. the United States, the Congress of the H.R. 5113: Mr. CARNAHAN. H. Con. Res. 346: Mr. ROHRABACHER. United States, the Security, the Governor of H.R. 5128: Mr. SHIMKUS. H. Con. Res. 347: Mrs. JO ANN DAVIS of Vir- the State of New York, the New York State H.R. 5137: Mr. WYNN. ginia. Senate and New York State Assembly to H.R. 5159: Mr. DINGELL. H. Con. Res. 391: Ms. EDDIE BERNICE JOHN- work to change the Homeland Security fund- H.R. 5200: Mr. DOYLE and Mr. CLAY. SON of Texas. ing into one based on threat; to the Com- H.R. 5201: Mr. SNYDER. H. Con. Res. 406: Mr. PASTOR. mittee on Homeland Security. H.R. 5204: Mr. INSLEE. H. Con. Res. 434: Mr. ISRAEL and Mr. 132. Also, a petition of the Legislature of H.R. 5225: Mr. WYNN, Mr. RANGEL, Ms. HONDA. Rockland County, New York, relative to Res- MCCOLLUM of Minnesota, Mr. MCGOVERN, Mr. H. Con. Res. 446: Mr. MATHESON, Mr. PE- olution No. 347 requesting the President of MELANCON, and Mr. CUELLAR. TERSON of Minnesota, Mr. CARDOZA, Mr. the United States and the Congress of the H.R. 5249: Mr. PAUL, Mr. OTTER, Mr. COSTA, Mr. MCINTYRE, and Mr. CASE. United States adopt ‘‘The Fuel Choices Of ETHERIDGE, and Mr. HINOJOSA. H. Res. 79: Mr. RUSH, Mr. DOYLE, Mr. AL American Security Act of 2005’’; jointly to H.R. 5319: Mr. PUTNAM and Mr. GERLACH. GREEN of Texas, Mr. COSTA, Mr. BECERRA, the Committees on Energy and Commerce, H.R. 5324: Mr. MORAN of Kansas. Mr. CARDOZA, Mr. PASTOR, Ms. SOLIS, and Science, Ways and Means, Transportation H.R. 5388: Mr. ANDREWS. Ms. VELA´ ZQUEZ. and Infrastructure, and Government Reform.

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Vol. 152 WASHINGTON, MONDAY, JULY 24, 2006 No. 98 Senate The Senate met at 2 p.m. and was appoint the Honorable SUSAN M. COLLINS, a ation of S. 403, the Child Custody Pro- called to order by the Honorable SUSAN Senator from the State of Maine, to perform tection bill. We will be returning to M. COLLINS, a Senator from the State the duties of the Chair. that bill tomorrow afternoon to dispose of Maine. TED STEVENS, of the amendments and final passage of President pro tempore. the Child Custody Protection measure PRAYER Ms. COLLINS thereupon assumed the tomorrow. Chair as Acting President pro tempore. The Chaplain, Dr. Barry C. Black, of- I want to put all of my colleagues on fered the following prayer: f notice that we do need to finish that Let us pray. RESERVATION OF LEADER TIME bill on Tuesday, and if we have to work Eternal Creator, our source of well into the evening, we will do so in The ACTING PRESIDENT pro tem- order to finish that important bill. strength, we humbly acknowledge Your pore. Under the previous order, the Another issue to consider this week power and gratefully accept Your leadership time is reserved. is the Energy Security Act of 2006. mercy and grace. f That bipartisan bill is on the calendar We need Your mercy for we fall short MORNING BUSINESS and we want to proceed to its consider- of Your glory. We need Your grace, for ation as quickly as possible. If there we can do nothing to deserve Your The ACTING PRESIDENT pro tem- are objections to considering that bill, favor or gain Your love. pore. Under the previous order, there it will be necessary to file cloture and Today, permit our Senators to feel will be a period for the transaction of we will be prepared to file that motion. Your presence. Give them confidence to morning business, with Senators per- That vote would come as early as draw near to You and to find grace to mitted to speak for up to 10 minutes Wednesday, Wednesday morning. I do help them meet national and global each until the hour of 3 p.m. also remind my colleagues that we challenges. Mr. REID. Madam President, I sug- have a joint meeting on Wednesday Help them to find joy in the compan- gest the absence of a quorum. morning. At 11 o’clock on Wednesday ionship of Your sovereign leading. Use The ACTING PRESIDENT pro tem- there will be a joint meeting with the them to promote the values of justice pore. The clerk will call the roll. House to hear the address by Prime and peace. The assistant legislative clerk pro- Minister Maliki of Iraq. We pray in Your glorious Name. ceeded to call the roll. Given this address, a cloture vote Amen. Mr. FRIST. Madam President, I ask would occur possibly around 10 o’clock f unanimous consent the order for the on Wednesday, in which case we could quorum call be rescinded. proceed directly to the House imme- PLEDGE OF ALLEGIANCE The ACTING PRESIDENT pro tem- diately following that vote, sometime The Honorable SUSAN M. COLLINS led pore. Without objection, it is so or- after 10:30. If that is the case, and I ex- the Pledge of Allegiance, as follows: dered. pect it will be, Senators should stay in I pledge allegiance to the Flag of the f the Chamber following that vote and then we will proceed together to the United States of America, and to the Repub- SCHEDULE lic for which it stands, one nation under God, Hall of the House of Representatives indivisible, with liberty and justice for all. Mr. FRIST. Madam President, this for that joint meeting. afternoon we have a 1-hour period of I was discussing with the Democratic f morning business before we proceed to leader, we should also put our col- APPOINTMENT OF ACTING executive session. At approximately 3 leagues on notice that next week will PRESIDENT PRO TEMPORE o’clock today we will be turning to be the last week of legislative business The PRESIDING OFFICER. The consideration of Jerome Holmes to be a prior to the August adjournment. As clerk will please read a communication United States Circuit Court judge for we plan the schedule for the remainder to the Senate. the Tenth Circuit. We have an order in of this week and next, there is a lot to The assistant legislative clerk read place that allows for 2 hours of debate accomplish. Senators should fully ex- the following letter: today and 2 hours of debate tomorrow pect a vote on Monday, July 31. We morning. Therefore the vote on con- were able to reach several agreements U.S. SENATE, firmation of Jerome Holmes will occur last week, which allowed us to say no PRESIDENT PRO TEMPORE, Washington, DC, July 24, 2006. tomorrow morning before the policy rollcall votes for today’s session, but I To the Senate: meetings. expect very important votes will occur Under the provisions of rule I, paragraph 3 I also remind everyone that we have each day next week, including Mon- of the Standing Rules of the Senate, I hereby a consent agreement for the consider- day’s session, so everyone should plan

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

S8113

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VerDate Aug 31 2005 05:29 Dec 27, 2006 Jkt 059060 PO 00000 Frm 00001 Fmt 4624 Sfmt 0634 E:\RECORDCX\T37X$J0E\S24JY6.REC S24JY6 mmaher on PROD1PC69 with CONG-REC-ONLINE S8114 CONGRESSIONAL RECORD — SENATE July 24, 2006 their schedules to accommodate this we can honor their sacrifice by remem- One month later, after the debate on final week. bering, by offering solemn tribute to Levin-Reid, the consequence of ‘‘stay- ORDER OF PROCEDURE their courage, and by protecting the ing the course’’ in Iraq is evident in Finally, I remind everyone that memory of these heroes. every place. today marks the eighth anniversary of We must ensure that Special Agent In the last month in Iraq, more than the fatal shootings of Officer Chestnut Gibson and Officer Chestnut did not die 3,000 Iraqis have been killed—an aver- and Detective Gibson as they protected in vain, and that the America they died age of 100 a day. And more than 100 the U.S. Capitol. At this time, I ask protecting is the America we preserve were killed just yesterday. unanimous consent that at 3:40 this today and in the future. I hope, I pray Pick up any newspaper. Here is to- afternoon the Senate observe a mo- we are never faced with such tragedy day’s. ‘‘Bombings Kill at Least 66 in ment of silence in recognition of these again. Iraq.’’ two fallen officers. Thus, at 3:40 this afternoon, I hope If you read the article, it is a lot The ACTING PRESIDENT pro tem- this body will join me in a moment of more than 66. The intense violence pore. Without objection, it is so or- silence, a moment to reflect on the made last week one of the deadliest in dered. courageous sacrifice of Special Agent Iraq. Mr. FRIST. Madam President, I will Gibson and Officer Chestnut for, al- Read the article: 348 people killed, 6 turn to the Democratic leader and then though 8 years have passed, their mem- of them police officers. Read the arti- I have a very brief comment on the ory and their sacrifice is alive in these cle: 34 dead. Read the article: 60 killed. events today. halls today. Read the article: 24 civilians killed. I yield the floor. It doesn’t talk about the hundreds f f and hundreds who have been wounded and injured, many of them for life. RECOGNITION OF THE MINORITY THE WAR IN IRAQ LEADER This is a civil war. As I said last Mr. REID. Madam President, 1 month week, I tepidly talked about civil war. The ACTING PRESIDENT pro tem- ago on June 22, the Senate held a de- But I decided that there was no reason pore. The Democratic leader is recog- bate about the raging and intractable to be tepid about it—that there is a nized. war in Iraq. That debate, Democrats— civil war going on in Iraq. f led by Senators LEVIN and JACK REED— Take the New York Times from yes- INTELLIGENCE AUTHORIZATION gave voice to the concerns of the Amer- terday. There are lots of other places ican people and advocated that the you could go to find the same thing. Mr. REID. Madam President, I didn’t Bush administration change course in ‘‘It’s Official: There Is Now a Civil War mention this in our private conversa- Iraq. in Iraq.’’ tion, but we are going to do the De- We argued that the administration This wasn’t written by somebody who fense bill hopefully before we leave, follow the law of the land. The law of is just passing by deciding to write an and the one thing we haven’t talked the land is that the year 2006 will be a op-ed piece and they stick the headline about is the Intelligence authorization year of significant transition. That is on. He is Nicholas Sambanis, a pro- bill. That has been reported out of the the law. We argued that this year fessor of political science at Yale, au- committee. I think we could have a should be a year of transition, that we thor of ‘‘Making War and Building very short time agreement—I mean should follow the law with Iraqis tak- Peace.’’ He says, among other things: very short. Is there a way the leader ing charge of their own security and The question of whether a country has fall- would try to work that into the sched- their own government so that Amer- en into civil war is often deliberately mud- ule before we go? Because this would be ican forces could be redeployed by the dled for political reasons. the second year without an intelligence end of this year. We have had some muddling here. authorization bill. Our plan would have given the Iraqi He goes on to say: Mr. FRIST. Let’s consider that. I people their best chance for success, But if the term ‘‘civil war’’ seeks to convey think over the next day or so we need while also giving America the best the condition of a divided society engaged in to get together and go through all we chance to confront the growing threats destructive armed conflict, then Iraq sadly do need to accomplish before we leave of North Korea, Iraq, and terrorism fits the bill. for that month for the August recess. around the world. The consequences of staying the Let’s talk specifically about that bill Our plan would have engaged re- course in Iraq is a full-blown civil war. as well. gional powers to help bring stability to In the last month, nearly 3,000 addi- Mr. REID. Yes. Iraq and would have reminded the tional Iraqis have been killed, 50 Amer- f countries of the world of their commit- ican soldiers have been killed, 250 have ment to invest in Iraq’s long-term eco- been wounded, $13 billion of taxpayer REMEMBERING CAPITOL POLICE nomic prosperity which seems to have money has been spent since that de- OFFICERS GIBSON AND CHESTNUT been lost. bate. The price of gasoline is now, as Mr. FRIST. Madam President, 8 Our plan would have refocused Amer- reported in this morning’s news, the years—that is how long it has been ica’s military, diplomatic, and eco- highest ever, averaging more than $3 a since two Capitol police officers gave nomic might on terrorist threats that gallon. their lives in the line of duty. On July face us in Iraq and globally, including Staying the course, North Korea, on 24, 1998, a lone gunman entered this Osama bin Laden, who remains free July 4, tested new long-range missiles. building, the Nation’s Capitol. He was after 5 years. In the last month, Hezbollah has ter- wearing a green fedora with extra bul- Our plan would have tracked closely rorized Israel. lets in his pocket when he opened fire. with the plan of our commanders on In the last month, al-Qaida found a He shot two officers and a tourist be- the ground in Iraq today, led namely new sanctuary, it appears, in large fore falling himself. by General Casey, who on their own swaths of Somalia. It is a day I will never forget. It is a have developed a similar strategy for These are the costs of ‘‘staying the day when I was swiftly driven back to success. course’’ in Iraq and of a Senate which my days in emergency medicine, emer- Despite that fact, the majority of the rubberstamps what the President does. gency surgery, in the reality that even Republicans chose not to join the My question today is, how long will your best efforts cannot always save a Democrats in serious debate about America be forced to pay these costs? life—because, despite our best efforts, Iraq. I think they put their political The longer it takes for this Republican we couldn’t save Special Agent John needs ahead of America’s security. Congress to hold President Bush ac- Gibson or Officer Jacob J. Chestnut. It As they have in nearly every Iraq war countable for his mistakes, the less is a humbling experience, realizing the debate, Republicans have blindly safe America becomes. debt of gratitude we owe these two fall- rubberstamped the President’s mis- Democrats have asked for another en heroes for their sacrifice and recog- management of this war and fell in line Iraq debate before the August recess. I nizing it can never be fully repaid. But with his failed policy. hope we have that opportunity because

VerDate Aug 31 2005 05:29 Dec 27, 2006 Jkt 059060 PO 00000 Frm 00002 Fmt 4624 Sfmt 0634 E:\RECORDCX\T37X$J0E\S24JY6.REC S24JY6 mmaher on PROD1PC69 with CONG-REC-ONLINE July 24, 2006 CONGRESSIONAL RECORD — SENATE S8115 the Republican leader said today that work to put Iran back in the box and when we voted for significant transi- we are going to take up the Defense ap- bring stability back to the Middle tion in Iraq, is this what we had in propriations bill. I hope we would have East. That job can be started but can’t mind? an opportunity to do it there. be finished by the Secretary of State Mr. REID. I say to my friend, this We want to give rubberstamping Re- during a brief visit there this week. was on a bipartisan vote. On a bill co- publicans another chance to demand What we need is a full-time special sponsored by the two people who take that President Bush change course in envoy—someone who can work around care of our armed services, Senators Iraq—not because of any political point the clock with Egypt, Jordan, Saudi LEVIN and WARNER, 79 Senators voted scoring but because national security Arabia, the Europeans, and, yes, Russia for that, and the law of the country as clearly demands it. and Israel. we speak is that the year 2006 is to be We live in a dangerous world, but Together, we can bring some good a year of significant transition in Iraq, nearly everywhere you look, from the out of this terrible situation by finding and the President, I believe, should fol- Middle East to Asia, America’s en- ways to support the Lebanese Govern- low that law and he is not doing that. emies have been emboldened by this ment, continue our support for Israel, I agree with my friend. administration’s mismanagement of and disarm Hezbollah and ultimately Mr. DURBIN. I ask the Senator from this conflict in Iraq. They are taking contain the Iranian power. The chal- Nevada if he would yield for this ques- advantage of our damaged reputation lenge will be for this administration tion. Then this year when the Defense in the world and the fact that Iraq has and its Republican rubberstamp allies authorization bill came forward, is it tied our hands to redouble their efforts in Congress to step up and do the job. not true that the Democratic side of- and threaten us and our allies. We need a new direction. fered another amendment in an at- The Middle East has faced problems, This week, the Iraqi Prime Minister tempt to strike a bipartisan position as we know, for decades. Every Amer- will meet with President Bush and ad- on foreign policy in Iraq, an amend- ican President since World War II has dress a Joint Session of Congress here ment which was sponsored by Senator struggled to bring freedom, stability, in Washington. When he is here, we LEVIN of Michigan, Senator REED of and prosperity to this region. The need President Bush to communicate Rhode Island, who is a graduate of President washed his hands of what that our commitment in Iraq is not un- West Point, served in the United States was going on with the Palestinians and limited. He needs to announce a change Army, and that this amendment which the Israelis until the Intifada became of course in his failing policy. we offered to our friends on the Repub- so complex, with so much conflict, that If we hope to live in a world that is lican side to join us this year said we he had to step in. But that took years safe and secure, we must end the open- would start a transition this year be- into his first term of office. ended commitment in Iraq that is cost- fore the end of the calendar year by re- The war in Iraq has destabilized the ing this Nation $3 billion each week deploying American troops outside of Middle East and taken our attention and requires the deployment as we Iraq? This amendment we offered had and our resources away from other speak of at least 125,000 of America’s 39 of 45 Democratic Senators sup- threats. That is without question. So finest troops. porting it and no Republican support. far, the result of the Iraq war has been We must transition the mission in I would ask the Senator from Ne- instability and no security. One of the Iraq so that we can marshal our re- vada, at the end of that Defense au- biggest winners so far has been Iran. sources to the other threats America thorization bill, just a few weeks ago, They continue to thumb their nose at faces such as Bin Laden, who, as I said, was any position taken by the Repub- our country. The war in Iraq has given remains free after 5 years, Iran, North lican side of the aisle that suggested it exactly what it wants: greater influ- Korea, and many other troubled spots any change in policy in Iraq? ence in Iraq and throughout the Middle in the world. Mr. REID. I say to my friend, that is East. The longer we go without a strat- We must insure that the Senate is what is so concerning to me, that they egy for success in Iraq the stronger more than a rubberstamp for the exec- are following—they, the Republican Iran gets and the more confident it is utive branch. There are only 2 weeks Senators, are following President Bush, in supporting terrorist organizations before the August recess—really just 6 stay the course, stay the course in like Hezbollah, which is now terror- voting days left. There are a number of Iraq. It breaks my heart, frankly. izing Lebanon and Israel. important subjects that deserve our at- Every day I get up. This is just one I believe Israel has every right to de- tention but none more important than page of the paper. I went through the fend itself from these terrorist acts. the intractable war in Iraq. deaths—hundreds of them. I didn’t read While it defends itself, the United The Senate can no longer turn a here, but in the past week 1,000 people States should be standing by its side. blind eye to what is happening in Iraq. in Iraq have moved out; they are Unfortunately, because Iraq has tied It is costing too many American lives, afraid. They move out of their neigh- our hands and exhausted our resources too many Iraqi lives, too many dollars, borhoods. We have probably now esti- and our reputation, the Bush adminis- and too much of our national security. mated 200,000 people in Iraq since the tration has had to sit on the sidelines. Mr. DURBIN. Madam President, will first of the year have had to move their The President was ineffective in find- the Democratic leader yield for a ques- homes. They have no place to go. They ing any solution during the G8 Sum- tion? want to try to stay alive. The turmoil, mit, and he went nearly 2 weeks with- Mr. REID. I would be happy to yield the civil strife in that country, is unbe- out dispatching his Secretary of State to my friend. lievable, and to think that this coun- to the region. Finally, yesterday, Sec- Mr. DURBIN. Last year, we had bi- try’s policy is to stay the course is not retary of State Rice left for the Middle partisan agreement on the Senate sensible. East. Hopefully her surprise visit to floor, and the agreement was that this Mr. DURBIN. Again, if the Senator Lebanon is not a continuation of the year, the year 2006, would be a year of from Nevada will yield, as you watch Bush photo-op foreign policy. ‘‘Mission significant transition in Iraq. We the disintegration of the foreign policy Accomplished,’’ ‘‘Bring ‘em On.’’ I hope spelled out what we had in mind, that under this administration, we find our- it is not a photo-op again but a serious the Iraqis would take on more respon- selves relying on the Chinese to try to effort to follow the call for American sibility for their own fate and their negotiate some peaceful resolution in leadership. own future, that the United States North Korea, we are relying on the The Bush administration’s—as re- troops would be able to start with- Russians to try to find some way to ap- ported on the face of a major weekly drawing and coming home in this year proach the Iranians on their nuclear magazine last week—cowboy diplo- of 2006. I ask the Democratic leader, as power, but we have no one to turn to macy cannot be replaced by couch po- he joins with me each morning reading when it comes to Iraq. This was our tato diplomacy where we sit and do about how Iraq is descending into a own creation, with British help and nothing. civil war, the number of innocent civil- some other countries, but primarily Democrats have called for a special ians who are being killed in Iraq, and American soldiers and American re- envoy to emphasize the need for full- the number of American troops who sources. I would ask the Senator from time leadership. We need to do the hard continue to lose their lives in Iraq, Nevada, is his point on the floor today

VerDate Aug 31 2005 05:29 Dec 27, 2006 Jkt 059060 PO 00000 Frm 00003 Fmt 4624 Sfmt 0634 E:\RECORDCX\T37X$J0E\S24JY6.REC S24JY6 mmaher on PROD1PC69 with CONG-REC-ONLINE S8116 CONGRESSIONAL RECORD — SENATE July 24, 2006 that the bipartisan Senate should not ber of civilian deaths both in Israel and Robert Malley, who was President go home for the August recess without Lebanon will increase. I also believe Clinton’s special assistant for Arab- taking up this issue? We have spent this may be the best way to ensure the Israeli affairs, has written an article in weeks, the Republican leadership has safe return of kidnapped soldiers. Of the July 24 issue of Time magazine spent weeks in the Senate on meaning- course, the further destruction of civil- making that case persuasively. His ar- less constitutional amendments and ian infrastructure in Lebanon is put- ticle is entitled ‘‘Time to Start Talk- issues that bear little relevance to the ting the future economic and political ing.’’ The thrust of his argument is this daily lives of Americans, but the Sen- viability of that nation at serious risk. administration’s policy of not talking ator from Nevada has to feel, as do I, I think it is obvious to all that what is to those with whom we disagree has we have an obligation to these soldiers occurring in Israel and Lebanon is a not served us well. The same argument and their families before we leave in disaster for many innocent civilians. is made by John McLaughlin, the August to have a meaningful debate on Our own administration has chosen former Deputy Director of the CIA, in this floor about how to make certain not to support Secretary General yesterday’s Washington Post. that we end up in Iraq with our mission Annan’s call for an end to hostilities. In my view, both of these former offi- truly accomplished. I ask the Senator As I understand Ambassador Bolton’s cials are giving good advice and I urge from Nevada, is that the purpose of his position, it is that allowing a continu- the President and the Secretary of coming to the floor? ation of hostilities will provide Israel State to heed that advice. Mr. REID. First, my coming here is the opportunity to eliminate My final point is this current crisis just as the Senator indicated. How can Hezbollah’s ability to attack Israel and should be a wake-up call to this admin- we, the Senate of our country, leave that this degrading of Hezbollah’s mili- istration that the United States needs here with the raging civil war going on tary capability will provide a better to reengage diplomatically in the re- and our troops are right in the middle possibility for long-term peace. I sup- gion. For the past several decades, United of it? How can we leave here without port the goal of long-term peace, but I States administrations have seen our changing the course in Iraq? That is disagree with his view that continued role in the Middle East as supporting why I am here. It is a cry for help. We combat is the best way to achieve it. the security of Israel but also as help- need our Republican colleagues to Whatever additional military advan- ing to resolve conflicts between Israel speak out. This blind allegiance to the tage might be achieved by delaying a and its neighbors and supporting mod- President is not good for our country. cease-fire comes at a very high cost. erate governments in the region. There Mr. DURBIN. I thank the Senator First, there is the cost in the loss of are many chapters in that history. from Nevada for yielding for the ques- additional civilian lives. tions. Second, there is the additional sup- Among the most remembered are Sec- The ACTING PRESIDENT pro tem- port for Hezbollah in the Arab world retary of State Kissinger’s efforts at pore. The Senator from New Mexico. which the continued attacks on Leb- shuttle diplomacy, President Carter’s Mr. BINGAMAN. Madam President, I anon will almost certainly generate. efforts at Camp David, President Clin- ask permission to speak as if in morn- Third, there is the increase in anti- ton’s efforts both in bringing Rabin ing business. Israeli and anti-American sentiment and Arafat to the White House for a The ACTING PRESIDENT pro tem- throughout the Middle East and more handshake, and his later efforts trying pore. The Senate is in morning busi- broadly which will result if the mili- to broker a peace agreement at Camp ness. tary conflict continues. David. Mr. BINGAMAN. I thank the Chair. While I understand the goal of these This current administration has cho- sen a different course. It has chosen to f continued attacks is to bring an end to terror in the Middle East, and I strong- disengage from that conflict resolution ENDING THE CRISIS IN ISRAEL ly support that goal, I believe the re- role. As evidence of this, Secretary AND LEBANON sult will be the opposite. Powell did not appoint a special Middle Mr. BINGAMAN. I have come to the The administration’s unwillingness East envoy as his predecessor had. Sec- Senate floor today to discuss what I be- to join other nations in calling for a retary Rice also has not appointed a lieve are some necessities, steps to cessation of hostilities reinforces the special envoy. Her statement was: bring an end to the current crisis in belief in Arab countries that our Mid- Not every effort has to be an American ef- Israel and Lebanon and to set us back fort. It is extremely important that the par- dle East policy is based on a double ties themselves are taking responsibility. on a course toward stability in the standard. The perception is we have My strong view is this policy of dis- Middle East. one level of concern when innocent engagement has not served the inter- I condemn the killing and the kid- Israeli civilians are being killed and in- ests of the United States, the interests napping of Israeli soldiers by Hamas jured and much less concern when the of Israel, or the interests of other coun- and Hezbollah. I believe that was a de- injured or killed civilians live in Arab tries in the region. We are by far the liberate act of provocation. It was in- countries. Support by the U.S. for an biggest provider of aid to the countries tended to further rupture efforts at immediate cease-fire would save lives in the Middle East and if any outside creating stability in the region, and it on both sides and would help to nation is to play an effective and a con- was carried out by groups who seek no counter that perception. less than the destruction of the nation There was an article in the Wash- structive role, it needs to be the United of Israel. And I, I am sure along with ington Post last week by Michael States. I am glad the Secretary of State is in my colleagues, support Israel’s right to Abramowitz entitled ‘‘In Mideast Beirut today, but progress on the diplo- defend itself. However, I also believe Strife, Bush Sees a Step to Peace.’’ In matic front cannot be postponed await- the Israeli response has been excessive the article, he states: and the current crisis of escalating vio- ing fly-ins by the Secretary of State. In the administration’s view, the new con- Secretary Rice should appoint a special lence on both sides must be brought to flict is not just a crisis to be managed. It is an end so we can resume efforts at cre- also an opportunity to seriously degrade a envoy to work full time at resolving ating a lasting peace. big threat in the region, just as Bush be- disputes and tensions in the region. My first point is I believe United lieves he is doing in Iraq. Again, John McLaughlin states the States interests and Israeli interests If this administration thinks it can point well: will be furthered if we support the ef- succeed here in Lebanon with the same The chances of detecting and heading off imminent disaster are enhanced when there forts of the Secretary General of the strategy that has brought us success in is intense, unrelenting and daily attention United Nations to bring about a cease- Iraq, then our foreign policy in Wash- by a senior and respected U.S. figure who fire at the earliest possible date. Sec- ington is even more out of touch with wakes up every morning worrying about retary General Kofi Annan has called reality than I had thought. nothing else—the role Dennis Ross played so for an immediate end to fighting be- My second point is as part of our ef- effectively in the 1990s. tween Israel and Hezbollah. He has fort to bring about this cease-fire, we Continuing with his quotation. pointed out the obvious, which is that need to talk directly with Syrians and Without constant tending to the concerns as long as fighting continues, the num- others with whom we have disagreed. of all the regional parties, rapid flagging of

VerDate Aug 31 2005 05:29 Dec 27, 2006 Jkt 059060 PO 00000 Frm 00004 Fmt 4624 Sfmt 0634 E:\RECORDCX\T37X$J0E\S24JY6.REC S24JY6 mmaher on PROD1PC69 with CONG-REC-ONLINE July 24, 2006 CONGRESSIONAL RECORD — SENATE S8117 issues for decision in Washington and con- various parties has been their mutual fear. Hamas’s control of the West Bank and Gaza tinuity of focus by one individual with ac- Israel has been worried that Hizballah might and its estrangement from the international cess we will lurch from crisis to crisis. launch Katyusha rockets on Haifa, Syria community gave Hezbollah, in Lebanon, un- It is ironic that the President and that Israel might wipe out its army or re- precedented opportunities and reach into Secretary of State acknowledge the gime, Hamas and Hizballah that their entire those areas. The continuing weakness of the leadership could become fair game. But such Lebanese government allowed Hezbollah a need for an Under Secretary of State apprehension always was at most a feeble re- free hand in its home base. for Public Diplomacy. This was the job straint, because in an unregulated environ- Lesson No. 2 is that the chances of detect- Karen Hughes was given, to burnish the ment, the only thing more costly than dis- ing and heading off imminent disaster are U.S. image abroad, particularly in the regarding one’s fears is displaying them. In enhanced when there is intense, unrelenting Muslim world. Yet at the same time the past weeks, that last and flimsy inhibi- and daily attention by a senior and respected they refuse to appoint a special envoy tion finally gave way. The conflict no longer U.S. figure who wakes up every morning is about achieving a specific objective—it’s worrying about nothing else—the role that to the Middle East which, in my view, Ambassador Dennis Ross played so effec- would do far more with regard to per- about imposing new rules of conduct, re-es- tablishing one’s deterrence, redesigning the tively in the 1990s. It is true that plenty of ceptions in that part of the world. region’s strategic map. Stopping such fight- able people in the U.S. government still I urge the administration to reassert ing is a tall order, precisely because the pro- focus on the Middle East. But without con- the historic role of the United States tagonists’ main goal is to demonstrate they stant tending to the concerns of all the re- as a force for resolution of conflict in are not afraid to prolong it. gional parties, rapid flagging of issues for de- the Middle East. I believe that must It certainly won’t be halted without ro- cision in Washington and continuity of focus begin by engaging in direct talks with bust, credible and influential third-party in- by one individual with access, we will lurch volvement. None of the actors will want to from crisis to crisis. the parties in the region. And I urge Lesson No. 3, related to all of this, is that the President and our Secretary of appear overly eager for a cease-fire, but more than a few might—at the appropriate process matters, especially in the Middle State to help bring about an immediate time—leap at an outsider’s proposed deal. East, where the issues are so contentious and cessation of hostilities. That happened before, in the 1980s and 1990s, the parties so divided. Without ongoing, reg- ular and near-continuous negotiation, there I ask unanimous consent that the when Lebanon was the arena for similar are few reference points that all the parties two articles I have referred to, one by proxy wars and when the U.S., then the ener- can accept when conflict breaks out. It may getic mediator, was the instrument of diplo- Robert Malley and the other by John not even matter whether perceptible matic negotiations. Without U.S. support, McLaughlin, be printed in the RECORD. progress is occurring continuously. The im- it’s doubtful that the U.N.’s mediators will There being no objection, the mate- portant thing is that the table is always set, be able to muster similar muscle. rial was ordered to be printed in the everyone has a chair and someone is in So is there any way out of the crisis? If the charge. That has not been the case for some Record, as follows: U.S. hopes to find one, it will have to help [From Time, July 24, 2006] time in the Middle East. put a comprehensive package on the table, Lesson No. 4 is that even superpowers have TIME TO START TALKING and some of its broad outlines can be to talk to bad guys. The absence of a diplo- (By Robert Malley) divined. On the Israeli-Palestinian side, it matic relationship with Iran and the deterio- would include a reciprocal and verifiable The most alarming aspect of the unfolding ration of the one with Syria—two countries cease-fire, a prisoner swap and Israel’s allow- crisis in the Middle East isn’t how many ac- that bear enormous responsibility for the ing the Hamas government to govern. The tors are jumping in. It’s who is opting to current crisis—leave the United States with Lebanese equation is more complex. Here too stay out. Hamas, Hizballah and Israel are di- fewer options and levers than might other- a prisoner exchange and cease-fire agree- rectly involved; Iran and Syria by proxy; wise have been the case. Distasteful as it ment will be necessary, but a broader deal, Lebanon against its will. The U.N. is dis- might have been to have or to maintain open involving steps toward Hizballah’s disar- patching its mediators; the European Union and normal relations with such states, the mament and Israel’s withdrawal from the is contemplating doing the same. But the absence of such relations ensures that we contested Shabaa farms, will probably be re- U.S., despite colossal strategic stakes, will have more blind spots than we can af- quired. On the latter issues at least, it is threats to its own security, potential reper- ford and that we will have to deal through hard to imagine much happening without ad- cussions in Iraq, not to mention staggering surrogates on issues of vital importance to dressing Syrian concerns; for more sustain- loss of life, remains on the sidelines. The the United States. We will have to get over able stability, Iran will have to be included world’s sole superpower is also its only no- the notion that talking to bad guys somehow as well. show. rewards them or is a sign of weakness. As a But then, such an approach would entail This is by design. From early on, the diplo- superpower, we ought to be able to commu- negotiating with all the wrong people about macy of the Bush Administration has been nicate in a way that signals our strength and all the wrong things. That, of course, is pre- guided by a straightforward logic: engage- self-confidence. cisely what the U.S. is adamant it will not ment is a reward, misbehavior ought not be Lesson No. 5 is that there are no unilateral do. One does not talk to outlaw actors, let rewarded; ergo, misbehaving parties are not solutions to today’s international problems, alone bargain with them. The result has been to be engaged. The thinking is that isola- not even for superpowers. They have been a policy with all the appeal of a moral prin- tion, ostracism and, if need be, sanctions are rendered impossible by a host of factors ciple and all the effectiveness of a tired ha- more likely to get troublesome actors to unique to this era—globalization, the Inter- rangue. change their ways. And so the list of diplo- net, the technological revolution and the in- creasing role of non-state actors with influ- matic outcasts only grows. Today the U.S. [From Washingtonpost.com, July 23, 2006] does not talk to Iran, Syria, Hamas, the ence that spills across existing borders. The elected Palestinian government or Hizballah. WE HAVE TO TALK TO BAD GUYS disproportionate influence of Hezbollah at the moment illustrates the point. This And as the violence in the region clearly (By John McLaughlin) doesn’t mean turning everything over to shows, that has hardly been cause for mod- Although the fighting in the Middle East is international forums. But it is tempting to eration. President Bush once famously ob- still raging, it is not too soon to start draw- think that successful passage through the served that the U.S. had sanctioned itself ing lessons from these tragic events. Even if current thicket might have been eased by out of all leverage on Iran. In truth, it has this situation begins to cool, there are so steps such as a series of regional conferences, worked itself out of much influence on the many other flashpoints in the Middle East linked to our allies and to the United Na- region. and so many other potential hot spots in the tions, at which all parties could have been And that’s only half the problem. Since world that any respite from crisis is bound forced—grudgingly and slowly—to put their 2000, with the collapse of any Arab-Israeli to be short. cards on the table regarding issues such as peace process, the start of the war on ter- Lesson No. 1 is that change occurs incre- Iraq, regionally based terrorism and the rorism and the. U.S. invasion of Iraq, re- mentally and almost imperceptibly in the Israeli-Palestinian conflict. Would this have gional actors have lacked a clear compass, Middle East, but when it reaches critical gotten us anywhere? rules of the road or a referee. Syria is being mass, the potential for surprise and disaster In a region as complex as the Middle East, told to clean up its act in Lebanon and Iraq; is enormous. The current situation did not nothing guarantees progress. But what is Iran to drop its nuclear program and to stop emerge overnight. The death of Yasser clear is that these problems are intertwined, meddling in its neighbor’s affairs; Hamas to Arafat presented a huge opportunity for the that all the states in the region have vital undergo an ideological revolution; Hizballah international community to bolster interests at stake, and that approaching to disarm. All are perfectly justifiable de- Mahmoud Abbas and reform the Palestinian these issues serially will only prolong the fa- mands, but none are being accompanied by a Authority. But that effort largely stalled de- miliar cycle of one step forward and two clear and appealing incentive for the parties’ spite strenuous efforts by the special envoy steps back. taking such actions—other, that is, than representing the Quartet—the United States, avoiding retribution if they do not. the European Union, the United Nations and Mr. BINGAMAN. Mr. President, I As a result of this diplomatic vacuum, the Russia. This helped set the stage for the yield the floor and suggest the absence only factor constraining the behavior of the Hamas victory in the Palestinian elections. of a quorum.

VerDate Aug 31 2005 05:29 Dec 27, 2006 Jkt 059060 PO 00000 Frm 00005 Fmt 4624 Sfmt 0634 E:\RECORDCX\T37X$J0E\S24JY6.REC S24JY6 mmaher on PROD1PC69 with CONG-REC-ONLINE S8118 CONGRESSIONAL RECORD — SENATE July 24, 2006 The PRESIDING OFFICER (Mr. WAR- of the problems we all face in a very di- fice’s antiterrorism coordinator. He NER). The clerk will call the roll. verse society, which is the melting pot also worked on the prosecuting team The assistant legislative clerk pro- of the world, the better. that built a case against the perpetra- ceeded to call the roll. That does not mean in any way, tors of the Oklahoma City bombing. Mr. SPECTER. Mr. President, I ask shape, or form that qualifications Since 2005, he has been a director of the unanimous consent that the order for ought to be subordinated, that we private Oklahoma law firm Crowe & the quorum call be rescinded. should pursue diversity for diversity’s Dunlevy, where he has focused on The PRESIDING OFFICER (Mr. AL- sake, regardless of other consider- white collar criminal defense and com- LARD). Without objection, it is so or- ations. But when someone has the plex litigation. He also chairs the dered. qualifications that Mr. Holmes pre- firm’s diversity committee. f sents to the Senate and in addition Mr. Holmes has given back to the would bring diversity to the court to people of Oklahoma by taking leader- EXECUTIVE SESSION which he has been nominated, that is ship roles in a wide variety of civic or- something to be considered. Certainly ganizations, including service as a di- NOMINATION OF JEROME A. the desirability of having diversity on rector of the Oklahoma Medical Re- HOLMES TO BE UNITED STATES the Supreme Court of the United search Foundation, trustee of the Okla- CIRCUIT JUDGE FOR THE TENTH States is evident and highly visible. homa City National Memorial Founda- CIRCUIT Thurgood Marshall was the first Jus- tion, director of the Oklahoma Acad- tice on the Supreme Court to be Afri- emy for State Goals, chairman of the The PRESIDING OFFICER. Under can American. Now we have Justice City Rescue Mission, and vice president the previous order, the hour of 3 p.m. Clarence Thomas, again, the only Afri- of the Oklahoma Bar Association. The having arrived, the Senate will proceed can-American judge. It took a long American Bar Association has unani- to executive session to consider Cal- time for women to find a place on the mously found Mr. Holmes to be quali- endar No. 764, which the clerk will re- Supreme Court, with the nomination fied to serve on the Tenth Circuit. port. and confirmation of Justice Sandra Before yielding the floor and turning The assistant legislative clerk read Day O’Connor in 1981. That was the over the management of the nomina- the nomination of Jerome A. Holmes, first year of my service in the Senate, tion to my distinguished colleague on of Oklahoma, to be United States Cir- after being elected in 1980. It was a the Judiciary Committee, I wish to cuit Judge for the Tenth Circuit. great day when Justice Sandra Day make a few comments about a release The PRESIDING OFFICER. Under O’Connor took her place on the Su- of the American Bar Association today the previous order, there will be 2 preme Court of the United States. We on so-called signing statements. I have hours for debate equally divided be- now have, in addition, Justice Ruth discussed with Senator COBURN that I tween the Senator from Pennsylvania, Bader Ginsburg. It is important to will take a few more minutes at this Mr. SPECTER, and the Senator from have that diversity. time. May the record show he is nod- Vermont, Mr. LEAHY, or their des- While there is not a Hispanic on the ding in the affirmative. I shall not take ignees. Supreme Court, we have Alberto too long. The Senator from Pennsylvania is Gonzales who is the Attorney General (The remarks of Mr. SPECTER are lo- recognized. of the United States. There is no doubt cated in today’s RECORD under ‘‘Morn- Mr. SPECTER. Mr. President, the Ju- these individuals are role models. They ing Business’’.) diciary Committee, which I chair, is demonstrate that an Hispanic can Mr. SPECTER. Mr. President, at this pleased to report the nomination of Mr. come to the highest levels of the Gov- point, I yield to my distinguished col- Jerome A. Holmes to be a judge on the ernment, as can an African American, league, Senator COBURN, who did an ex- U.S. Court of Appeals for the Tenth as can a woman. It took a long time for cellent job as Mr. Holmes’s principal Circuit. Mr. Holmes comes to this posi- women’s suffrage, for women to have advocate before the Judiciary Com- tion with an excellent academic and the right to vote, and to move into the mittee, as my designee to handle the professional background. He was nomi- upper echelons of all facets of Amer- proceedings in the Senate this after- nated to be a judge on the court on ican life. There is, realistically viewed, noon and tomorrow on the confirma- May 4 of this year, received a hearing still a glass ceiling which imposes tion of Mr. Holmes. on June 15 of this year, and was re- some limitation. The PRESIDING OFFICER. The Sen- ported out of the Judiciary Committee Now on to Mr. Holmes and his very ator from Oklahoma is recognized. on July 13 on a voice vote. excellent qualifications. He graduated Mr. COBURN. Mr. President, it is a The unique situation with Mr. from Wake Forest University cum privilege to be on the committee with Holmes is that he would be the first Af- laude in 1983 and the Georgetown Uni- the Senator from Pennsylvania, and it rican American to serve on the Court versity Law Center in 1988. At George- is a privilege to represent Jerome of Appeals for the Tenth Circuit. I am town, he served as editor in chief of the Holmes during his debate and consider- about to yield to the distinguished Georgetown Immigration Law Journal. ation for the Tenth Circuit Court posi- Senator from Oklahoma, Mr. COBURN, In the year 2000, he earned a master’s tion. who obviously has great familiarity in public administration from Har- A lot of discussions have occurred in with that circuit, being from the State vard’s Kennedy School of Government. this body in the last couple of years on of Oklahoma. Before moving to Penn- Between college and law school, he judges. One of the things which was sylvania to go to the University of worked as a social services assistant in prominent in my election to the Senate Pennsylvania some years ago, I began the D.C. Department of Corrections. was the issue of judges. It really comes my own academic career at the Univer- Following law school he clerked for back down to what the American peo- sity of Oklahoma, having been a life- Judge Wayne Alley of the U.S. District ple would like to see in those people long resident up to that point of the Court for the Western District of Okla- who sit on the highest courts of our State of Kansas. The Tenth Circuit is homa and then Tenth Circuit Judge land and what are the qualities and near and dear to my heart. I can testify William J. Holloway. Following the characteristics we would like them to firsthand about the desirability and, in clerkship, he spent 3 years in private have and do they go through a process fact, the need for diversity on the practice as an associate with the well- where those are fairly vetted and taken Court of Appeals for the Tenth Circuit. regarded law firm of Steptoe & John- out of the political arena to see what There ought to be diversity to the ex- son. those qualities are. tent practical and possible on all of our In 1994, Mr. Holmes began a distin- Thinking about Jerome Holmes, Sen- courts. It gives the constituency, the guished career as a Federal prosecutor ator SPECTER very well outlined his litigants, and the people who practice serving as an assistant U.S. attorney in history. So there is no question that he before the court, the sense that there the Western District of Oklahoma. has impeccable credentials and that he are judges from every walk of life. The Among other duties, he prosecuted is considered well qualified by the broader the background a court pos- public corruption, Federal criminal American Bar Association. But what sesses, the more understanding it has civil rights violations, and was the of- he does have is two things. One is a

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It is OK to ques- proper memorials but none of which on those things—not to create new law, tion it, but it is not OK to oppose him can do these men the full justice they not to invent a cause they want to on the basis of what his personal be- deserve. make. They are to be very limited in liefs are. If we do that, there is not a We must also remember them in our their role. Jerome Holmes understands judge who can qualify. Not one judge words, in our actions, and in, as we just that. could qualify for any court in this land did, a moment of prayer. All Members The second characteristic he has is if we take all their personal opinions of Congress today, all congressional that of integrity. We hear that word and put them out in the open and say: staff, and, indeed, all Americans owe a bantered around a lot, and we hear This goes against something I believe. great debt of gratitude to Officer Jacob modifiers placed on it. You cannot So I am honored that I have the Joseph Chestnut and Detective John modify integrity. You either have it or privilege to stand on the Senate floor Michael Gibson. you don’t. Your life either represents it and defend the criticisms that will These two brave men stood up for us or it does not. What people see you do come before him. I also know he has all. They defended our democracy and how you do it is either of integrity heart, he has intellect, and he has in- itself, and although none of us will be or not. tegrity. That is what we want. It called upon to display the same sort of This is an African-American male doesn’t matter whether he is Black or moral heroism, we can all learn from who was raised in this city, who strug- White or whether he is Republican or their example and all reflect upon their gled to accomplish the highest levels of Democrat, we want those qualities in bravery. his profession. He excelled every step our judges. That is how we assure our Today we mourn for them, we pray of the way. Not only did he apply his freedom—we take the political arena for them, we thank them and their efforts in terms of his profession, but away and out of the courts, and we let families, and we remember them. he spent a great deal of his time apply- the Constitution and our statutes and The PRESIDING OFFICER. The Sen- ing his skills, knowledge, and intellect our treaties reign supreme. That is the ator from Nevada. to help other people outside of the field best equality for all that we can give to Mr. REID. Mr. President, there may of law. the next generation. be other Members of the Senate who He is a man committed to our coun- With that, I suggest the absence of a have served as police officers during try, who has full recognition of what quorum. their careers, sitting Members of the his responsibilities will be as an appel- The PRESIDING OFFICER. The Senate. But I served as a Capitol police late court judge in the Tenth Circuit in clerk will call the roll. officer when I was going to school back this country. He also fully well knows The legislative clerk proceeded to here. I worked the swing shift. I have a that his role is to follow the precedent call the roll. great affection and feel very affiliated set by the highest Court in this land Mr. COBURN. Mr. President, I ask with the Capitol police. and to do that in a way which gives ev- unanimous consent that the order for Officer Gibson was killed along with eryone before him a truly blind cause the quorum call be rescinded. Officer Chestnut on the House side. Not of justice for their benefit. We cannot The PRESIDING OFFICER. Without long before this terrible act occurred, ask more than that of our judges—that objection, it is so ordered. the Democratic Senate had a retreat in in fact they have not only integrity Mr. COBURN. Mr. President, I ask Virginia. My wife got sick during the and intellect, but the last thing we can unanimous consent that any quorum night. We had to call the Capitol police ask is, Do they have heart? Do they call time we have on the Holmes nomi- who were standing by. I can remember have compassion? Have they experi- nation be equally divided. Officer Gibson running. He had to run enced the real problems of life person- The PRESIDING OFFICER. Without from where the headquarters was, in a ally, so that they can see into the lives objection, it is so ordered. different part of the hotel, to our of others and how they deal with those Mr. COBURN. Mr. President, I sug- room—it was spread out a long way— things in the predicaments and situa- gest the absence of a quorum. carrying all this emergency equipment. tions which we face and whether they The PRESIDING OFFICER. The When he came, he was perspiring so follow a response that is one of integ- clerk will call the roll. hard. He was so gentle and nice with rity. I have no question in my mind The legislative clerk proceeded to my wife. Every time I hear this re- that Jerome Holmes has the qualities call the roll. counted, how he and Officer Chestnut and characteristics which will make Mr. FRIST. Mr. President, I ask were killed, I remember this man so him an excellent appellate judge. unanimous consent that the order for clearly. I can see his face very plainly. We are going to hear some opposition the quorum call be rescinded. I have expressed to his family my to him. The opposition is basically be- The PRESIDING OFFICER. Without personal appreciation, as I tried to do cause he believes in a colorblind soci- objection, it is so ordered. for Officer Chestnut, whom I did not ety. He has written commentaries f know except in passing—but I felt some based on what he believes personally. affinity toward Officer Gibson. These He has been critical—and rightly so, as MOMENT OF SILENCE TO HONOR two men were at one of the entrances many in this body have been, and oth- OFFICER CHESTNUT AND DETEC- to this Capitol. The crazed man came ers—of decisions the Supreme Court TIVE GIBSON in and killed both of them. While we has made. But to be critical doesn’t The PRESIDING OFFICER. Under have this terrible event in the history mean one will not follow what is called the previous order, the Senate will ob- of the Capitol 8 years ago today—1998— stare decisis, the precedent set down by serve a moment of silence in recogni- if there could be a positive side, and the Supreme Court. tion of the anniversary of the fatal that is hard to find, the one place you It takes great courage for an African- shootings of Officer Chestnut and De- would have to go is the Visitors Center. American male to look at affirmative tective Gibson. That is because as a result of this trag- action in a light that says that in the (Moment of silence.) ic event the decision was finally made, long run, it hurts race relations rather The PRESIDING OFFICER. The Sen- after years and years of treading water, than helps them. Those are my words, ator from Tennessee is recognized. to go ahead and take care of a new visi- not his. But, in fact, what he has done Mr. FRIST. Mr. President, it was 8 tors center for this Capitol complex. is said this goes against what he be- years ago today that these two brave That will be completed in less than 1 lieves to be fair and honorable, as we men gave their lives in defense of the year. approach the problems within our soci- United States Capitol. A plaque in this It is going to be a wonderful addition ety. What he really believes is that ev- building commemorates their bravery. to the Capitol for people who are vis- erybody should be judged on the con- Their names have been etched indelibly iting the Capitol. Millions of people

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With the new Visitors Center, and record, and we’ll begin to have a he is confirmed to this position, which there will be an entry over by the Su- better understanding of the demand for I trust he will be. preme Court. People coming in will be ideological purity on the part of Demo- Following these clerkships, he spent able to be screened for weapons and cratic and liberal Members of the Sen- 3 years in private practice as an asso- other dangerous materials. ate when it comes to judges. It is unbe- ciate with the well-regarded law firm There will be two beautiful audito- lievable that there would be objection of Steptoe & Johnson, one of the best riums where they can watch a 12- a man who articulates a view con- law firms in America. They do not hire minute film to acquaint them with sistent with the Supreme Court major- just anybody. what is in the Capitol. There will be ity in the Adarand case, an African In 1994, Mr. Holmes began a distin- restrooms which are still lacking with American himself, who believes in Mar- guished career as a Federal prosecutor, the present situation. There will be tin Luther King, Jr.’s dream that peo- serving as an assistant U.S. attorney in places for them to eat, get snacks, and ple would be judged by the content of the Western District of Oklahoma, the buy food. It will be a wonderful experi- their character and not the color of circuit area where he will be a circuit ence for them to come to the Capitol. their skin. judge when confirmed. I have served as an assistant U.S. at- It is a good experience now, but the He is a fabulous nominee. I would torney and as a U.S. attorney super- new situation will make the experience just like to mention a few things about vising assistant U.S. attorneys for al- much better. him. He was voted out of committee a most 15 years. That is a great, great After 8 years, we still remember few weeks ago, July 13, on a voice vote. position because the assistant U.S. at- these two fine men. We do so not only If confirmed, he will be the first Afri- torneys prosecute cases full time in because of their personal sacrifice, but can American to serve on the Tenth Federal court before Federal judges. the fact that every day in this Cap- Circuit. He has stellar academic cre- dentials and legal credentials. He grad- They learn everything there is to know itol—as I look around, there are plain- about criminal law, which will be an uated from Wake Forest University— clothes officers. A lot of people do not important part of his duties as a Fed- one of America’s great universities— know who they are, but they are here. eral circuit judge. It is very good expe- cum laude with honors in 1983. Then he And they would give their lives pro- rience. Assistant U.S. attorneys get ex- attended Georgetown University Law tecting the Presiding Officer, the dis- perience practicing before Federal Center, one of the Nation’s great law tinguished majority leader, and the as- judges, being involved in writing ap- schools. At Georgetown, he was editor- sistant leader, those in the back rooms, peals to Federal judges, and under- in-chief of the Georgetown Immigra- or any other Senator. That is their job. standing how the Federal system tion Law Journal. That’s a great They know it. While we sometimes works. He did that for quite a number honor, to be part of a law journal at take them for granted—and I hope we of years. don’t—these are some of the finest any law school, much less a great law During that time, he prosecuted pub- trained police officers in the world. school such as Georgetown. It’s very lic corruption cases. Now that’s a chal- When we stand for Chestnut and Gib- competitive and difficult to get in lenge. I have been there and done that. son in a moment of silence, our Georgetown. That is not easy. Politicians do not thoughts are also with these valiant Recently, in 2000, he earned a mas- take lightly to being indicted. They do men and women who protect this beau- ter’s of public administration from not appreciate it, and it is tough litiga- tiful facility and the people who are in Harvard University’s Kennedy School tion. He prosecuted Federal criminal it—Senators, staff, and visitors. of Government. Between college and civil rights violations. Somehow, I The PRESIDING OFFICER. Who law school, he worked briefly as a so- guess they are saying this African seeks recognition? cial services assistant with the D.C. American who has achieved so much is Mr. REID. I suggest the absence of a Department of Corrections, dealing insensitive to civil rights because he quorum. with criminals and the problems they does not agree with everything the left The PRESIDING OFFICER. The have. thinks about affirmative action or clerk will call the roll. Following law school, he clerked for quotas. He was the U.S. attorney’s of- The legislative clerk proceeded to the Honorable Wayne Alley on the U.S. fice’s antiterrorism coordinator, and he call the roll. District Court for the Western District worked on the prosecution team that Mr. COBURN. Mr. President, I ask of Oklahoma and the Honorable Wil- built the case against the perpetrators unanimous consent that the order for liam J. Holloway on the U.S. Court of of the Oklahoma City bombing. That is the quorum call be rescinded. Appeals for the Tenth Circuit. In other a good background that shows a The PRESIDING OFFICER (Mr. words, he clerked for a trial court breadth of experience. CORNYN). Without objection, it is so or- judge in the Tenth Circuit. By the way, Since 2005, he has been the director of dered. it is a competitive process to be se- the prominent Oklahoma law firm of Mr. COBURN. Mr. President, I yield lected to be a clerk for a trial court Crowe & Dunlevy, where he focused on 15 minutes to the Senator from Ala- judge. It takes a good law student to be white-collar criminal defense and com- bama. selected for that. Everyone who applies plex litigation—another good back- The PRESIDING OFFICER. The Sen- is not selected. It is a very great honor. ground for the Federal bench. ator has 5 minutes remaining under his People compete for those few positions. Not only has he been a prosecutor, control. He worked at the trial bench, where but he has defended criminal cases, giv- I recognize the Senator from Ala- he participated at the right hand of a ing him a perspective on both sides. I bama. U.S. Federal judge trying cases and am a big fan of prosecutors, but I un- Mr. SESSIONS. Mr. President, I ask participating in the trial of cases. Fol- derstand my colleagues on the other unanimous consent that I be permitted lowing that, he went to the Tenth Cir- side of that debate, who defend cases, to speak as in morning business. cuit, the very court he is now nomi- as I have on occasion, appreciate the The PRESIDING OFFICER. Without nated to. If it is difficult to be a law fact that prosecutors have some de- objection, it is so ordered. clerk for a Federal district trial judge, fense work. He has had both. Mr. SESSIONS. Mr. President, I am it is far more difficult to be selected as Also, he chaired the firm’s diversity baffled that there would be any opposi- a law clerk for a court of appeals judge. committee, the committee committed tion to Jerome Holmes to be appointed They have a stack of applications. to making sure that his law firm, a U.S. circuit court judge to the Tenth They look at all competitors from Crowe & Dunlevy, did the things nec- Circuit. I congratulate my colleague around the country, and they select essary to be a diverse law firm. He has

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That is an impor- by which people, by the color of their and California have done is ‘‘race neu- tant committee outside the normal skin, are given preference over some- tral, yet their acknowledged goal is to realm of what a lot of people do with one else, therefore enhancing their increase the number of minority stu- their lives, volunteering and giving ability and their rights over the rights dents on college campuses. Top stu- time to a group like that. He also has of someone else simply because of the dents from predominantly minority served as trustee of the Oklahoma City color of their skin, violates the equal schools will invariably be represented National Memorial Foundation, direc- protection and due process clauses of there.’’ tor of the Oklahoma Academy for the U.S. Constitution. So that is all So, Mr. President, I would just say State Goals, chairman of the City Res- that tension in there. that I don’t see anything extreme cue Mission, helping people in trouble, I guess we come down to it in what I about those views. I don’t believe my down and out, people who need a hand say, this is not a perfect analysis, but colleague from Oklahoma does. I see to lift them up. I guess on occasion we say affirmative outreach is good; the Presiding Officer, a former justice they minister to those people who are quotas are bad. I guess when you have on the Texas Supreme Court. I don’t hurting, they minister to their souls. I a case such as University of Michigan, think he would believe those are ex- think it is something to be proud of. He you ask, was this a quota or was it af- treme views. In fact, they are con- also served as vice president of the firmative outreach? They had a big sistent with the U.S. Supreme Court Oklahoma Bar Association. case on it. He had expressed some con- opinion in Adarand. I think they are He enjoys strong bipartisan support cern about that case. Remember, it was consistent with the Supreme Court in Oklahoma. Gov. Brad Henry, a Dem- 5 to 4. It was not as if the Supreme opinion in the University of Michigan ocrat in Oklahoma, recently wrote that Court had taken a case that they all cases, very consistent with those cases, the nominee ‘‘is a highly qualified can- felt one way about. So he wrote an op- and respectful and understanding, as didate, a superb lawyer, with a reputa- ed, an article in the Daily Oklahoman. an African American himself, that we tion for fairness, ethics, and integ- The title is ‘‘A Step Closer to King’s have to be careful that we are not mov- ing to a situation in which people re- rity.’’ Dream.’’ He started off this way: ceive benefits as a result of the color of He summed up his letter by writing: Perhaps the dream of Dr. Martin Luther their skin only, unless there is a show- In short, I do not think you could have a King, Jr. will be realized: Children seeking candidate more highly qualified and re- educational opportunities no longer will be ing of a prior history of discrimination, garded than Jerome Holmes. judged by the color of their skin. which can be shown in a number of That is the Democratic Governor of Is that something that is radical? I cases. Unless you have that, you should not create a legal system in America Oklahoma. don’t think so. We have Members of Daniel Webber, a Democrat whom this Senate who believe that anybody that advances someone simply because President Clinton made the U.S. attor- who deviates the slightest millimeter, of the color of their skin and, there- ney in Oklahoma, wrote: or centimeter beyond the ideological fore, puts at a disadvantage someone views of the left is somehow unquali- because of the color of their skin. I have known Jerome Holmes for over ten So he has made some thoughtful years. . . . I believe his intellect, experience, fied to be a Federal judge. From what comments about it. I believe they are and character make him an excellent choice I have seen, they tend to be more crit- wise. I think he is correct. I am amazed for a position on the appellate court. ical if that person happens to be an Af- that someone in this Senate would ob- The American Bar Association has rican American that criticizes leftist ject to his confirmation based on these unanimously found him qualified for orthodoxy. comments. But we apparently have the position. So he wrote an article. It was, I that. I am sure we will have a good Why would we have an objection to thought, a very thoughtful article. vote for Mr. Holmes tomorrow. I hope someone who spent this many years of There was nothing extreme about this. we will, and he will be confirmed. But his life practicing in Federal court as He said: it is rather odd to me that we have this an assistant U.S. attorney, who spent 3 There are other ways to get minority stu- objection, and he doesn’t go straight years as a law clerk to Federal judges, dents on college campuses besides handing through without any of this kind of de- practicing in one of the country’s big- out benefits based solely on skin color—an accident of birth. bate. gest law firms, and being not a part- I thank the Chair and the Senators ner—they use a different phrase there, I think that is a thoughtful state- from Oklahoma, Mr. COBURN and Mr. something like a partner—with the ment—a matter of real importance. He INHOFE, for their commitment to this Dunlevy law firm in Oklahoma, a firm then goes on to talk about what you sterling nominee, a minority, with an with a great reputation in the State? can do to help minority students suc- outstanding record—went to George- What is it that causes the Senate to ceed and have a better chance to enter town, clerked for the Tenth Circuit, have a debate on this fine nominee? universities, noting: clerked for a Federal district judge, an Again, I congratulate Senator . . . a poverty-reduction approach that pri- assistant U.S. attorney, worked for one COBURN for offering this kind of nomi- marily focuses on implementing race-neutral of America’s great law firms. He has nee. He has been willing to express his macroeconomic and labor-market policies, even though its central goal is bettering the every right to be rated qualified by the personal views on matters that some American Bar Association, as he was on the left do not like. I guess that is life chances of the truly disadvantaged black and brown urban poor. unanimously. He should be confirmed it. Let’s just be frank about it. I sug- He goes on to say: for this position. gest that what he said is consistent I yield the floor. with the opinions of the U.S. Supreme Diversity proponents need to come up with Mr. CORNYN. Mr. President, I am Court. But even if he had a slightly dif- race-neutral policies that have the desired effect of boosting the number of minority proud to join Senators INHOFE and ferent view than the Supreme Court, students. Politicians and educators in Flor- COBURN—my friends and neighbors what is wrong with having him express ida, Texas and California have attempted to from the State of Oklahoma—in sup- that view? Why would anyone object to do just that by mandating that the top per- port of this fine nominee to the Federal that? centage of students (for example, the top 10 bench. This is what he said about the Uni- percent) at every public school in the state Jerome Holmes is a leader in Okla- versity of Michigan affirmative action be guaranteed a place in a state university. homa’s legal community—and a leader case that many felt—and at least four So what he is saying is that is a race- in the broader community in which he Supreme Court Justices felt—was es- neutral way to have a more diverse lives. Mr. Holmes has demonstrated the sentially a quota system. What is af- student body. But what is dangerous qualifications, character, and tempera- firmative action? Everyone has a dif- and violates the Constitution is to say ment that will make him an out- ferent view. What I think we in Amer- that every law school or every univer- standing judge.

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As it has been widely Washington, but, perhaps more telling, I am confident that Jerome Holmes recorded, President Bush has under- he enjoys bipartisan support back understands the proper, limited role taken a practice of issuing a signing home in Oklahoma—where people know that this Nation’s Founders assigned to statement at the time he signs con- best this accomplished man and his the Federal judiciary. I say that be- gressional action into law. The task good work. cause I am confident that this Presi- force said its recommendations ‘‘are In fact, Oklahoma’s Democrat Gov- dent understands the judicial role and intended to underscore the importance ernor, Brad Henry, said of Mr. Holmes: continues to nominate like-minded of the doctrine of separation of powers ‘‘Jerome is a highly qualified can- men and women to the bench. and, therefore, represent a call to the didate, a superb lawyer with a reputa- The court to which Mr. Holmes is President and to all his successors to tion for fairness, ethics, and nominated—the Tenth Circuit Court of fully respect the rule of law and our integrity... In short, I do not think Appeals—covers a large part of the constitutional system of separation of you could have a candidate more high- middle and western United States. The powers and checks and balances.’’ ly qualified and regarded than Jerome territorial jurisdiction of the Tenth Noting that the Constitution is silent Holmes.’’ Again, Mr. President, that Circuit includes six States: Oklahoma, about Presidential signing statements, high praise comes from Oklahoma’s Kansas, New Mexico, Colorado, Wyo- the task force found that while several Democrat Governor. Other prominent ming, and Utah. And the circuit also Presidents have used them, the fre- Democrats in Oklahoma praise Jerome has jurisdiction over those parts of quency of signing statements that Holmes as ‘‘a person of unwavering in- Yellowstone National Park extending challenge laws has escalated substan- tegrity,’’ a ‘‘principled leader,’’ and into Montana and Idaho. tially, and their purpose has changed someone with a ‘‘willingness to listen Last week, the Senate confirmed an- dramatically, during the administra- and respect differing views.’’ In short, other outstanding nominee to the tion of President Bush. According to a the people who know this man best— Tenth Circuit, Neil Gorsuch. And when press release issued today by the ABA, Oklahomans of competing political the Senate votes to confirm Jerome the task force report notes: stripes and policy views—think Jerome Holmes, as I am confident it will, he From the inception of the Republic until Holmes will make a great judge. will join Judge Gorsuch and four other 2000, Presidents produced fewer than 600 Those who know Jerome Holmes best fine Bush nominees on the Tenth Cir- signing statements taking issue with the know that he served with distinction cuit. bills they signed. According to the most re- as a Federal prosecutor for over a dec- So, in closing, I commend President cent update, in his one-and-a-half terms so ade. They know that as an Assistant Bush for submitting another fine nomi- far, President George Walker Bush . . . has U.S. Attorney he vigorously—but fair- nee to the Senate for confirmation, and produced more than 800. ly—prosecuted public corruption and congratulate my friends from Okla- The report found that President civil rights violations—and that he homa, their constituents, and the en- Bush’s signing statements are ‘‘ritual- served as his office’s antiterrorism co- tire Tenth Circuit. I believe Jerome istic, mechanical, and generally carry ordinator. In fact, Jerome Holmes Holmes will make a fine appellate no citation of authority or detailed ex- worked on the prosecution team that judge and will serve this Nation with planation.’’ Even when ‘‘[a] frustrated built a case against the perpetrators of honor and distinction. Congress finally enacted a law requir- the Oklahoma City bombing. I yield the floor. ing the Attorney General to submit to I recall vividly that dark day in 1995, Mr. COBURN. I suggest the absence Congress a report of any instance in the day the Alfred P. Murrah Federal of a quorum. which that official or any officer of the Building was bombed, the day that the The PRESIDING OFFICER. The Department of Justice established or people of Oklahoma City were terror- clerk will call the roll. pursued a policy of refraining from en- ized. The Tenth Circuit’s Chief Judge The assistant legislative clerk pro- forcing any provision of any federal Deanell Reece Tacha pointed out that ceeded to call the roll. statute, . . . this, too, was subjected to Mr. FRIST. Mr. President, I ask ‘‘[i]n some ways,’’ her circuit and the a ritual signing statement, insisting on unanimous consent that the order for people of Oklahoma ‘‘knew ahead of the President’s authority to withhold the quorum call be rescinded. the rest of the nation of the horrors of information whenever he deemed nec- The PRESIDING OFFICER (Mr. WAR- terrorism.’’ essary.’’ NER). Without objection, it is so or- Those who know Jerome Holmes best This request raises serious concerns dered. know that, he—like so many others in on the proceedings for separation of his office—took on this difficult assign- f powers. The ABA states that its report ment with fairness and care and dedi- LEGISLATIVE SESSION goes on to say: cation to see justice done. Mr. FRIST. Mr. President, I ask If left unchecked, the president’s practice President Bush nominated this fine unanimous consent that the Senate re- does grave harm to the separation of powers doctrine and the system of checks and bal- man to the appellate bench for his sume legislative session. strong qualifications but also for his ances that have sustained our democracy for The PRESIDING OFFICER. Without more than two centuries. demonstrated understanding of the objection, it is so ordered. The Senate Judiciary Committee proper, limited role of the Federal judi- f ciary under the U.S. Constitution. held a hearing on this subject and Jerome Holmes himself said it best: MORNING BUSINESS found that this practice does threaten I recognize very clearly the distinction be- Mr. FRIST. Mr. President, I ask the separation of powers doctrine. The tween the role of a writer on social policy unanimous consent that there now be a hearing showed that the Constitution issues in their personal capacity and the role period for morning business with Sen- is clear, that when both Houses of Con- of a judge in adjudicating the rights and lib- ators permitted to speak therein for up gress pass legislation and submit that erties of individual litigants. to 10 minutes each. legislation to the President, the Con- And Mr. Holmes pointed out that as a The PRESIDING OFFICER. Without stitution calls either for the President judge ‘‘it is inappropriate for me to im- objection, it is so ordered. to sign the legislation, to engage in port my personal views on policy issues f what could be called a pocket veto, or into the decision making process.’’ to veto the legislation and send it back I would submit that this statement PRESIDENTIAL SIGNING to Congress. If there is a constitutional by Mr. Holmes is exactly correct. STATEMENTS issue and the President concludes that Judges should not be seen as politi- Mr. SPECTER. Mr. President, the portions of the statute are unconstitu- cians in robes. Unfortunately, too American Bar Association issued a re- tional, he has an oath to uphold the

VerDate Aug 31 2005 05:29 Dec 27, 2006 Jkt 059060 PO 00000 Frm 00010 Fmt 4624 Sfmt 0634 E:\RECORDCX\T37X$J0E\S24JY6.REC S24JY6 mmaher on PROD1PC69 with CONG-REC-ONLINE July 24, 2006 CONGRESSIONAL RECORD — SENATE S8123 Constitution. And the way to fulfill In appointing the special task force Greco and of the Congress, while protecting the that oath is to return the legislation to said, ‘‘The use of presidential signing state- public’s right to know what legislation is the Congress with a veto message not- ments raises serious issues relating to the adopted by Congress and if and how the ing the unconstitutionality of the pro- constitutional doctrine of separation of pow- president intends to enforce it. This trans- ers. I have appointed the Task Force to take parency is essential if the American people vision and giving Congress the option a balanced, scholarly look at the use and im- are to have confidence that the rule of law is of altering the legislation to satisfy plications of signing statements, and to pro- being respected by both citizens and govern- the President’s request, passing it over pose appropriate ABA policy consistent with ment leaders.’’ the President’s veto, or declining to our Association’s commitment to safe- The bipartisan and independent task force act further. guarding the rule of law and the separation is chaired by Miami lawyer Neal Sonnett, a Additionally, the task force has of powers in our system of government.’’ former Assistant U.S. Attorney and Chief of urged the Congress to enact legislation The task force report and recommenda- the Criminal Division for the Southern Dis- trict of Florida. He is past chair of the ABA to require the President to submit a re- tions will be presented to the ABA’s policy- making House of Delegates for adoption at Criminal Justice Section, chair of the ABA port to the Congress of any such sign- its upcoming Annual Meeting Aug. 7–8. Until Task Force on Domestic Surveillance and ing statement and has urged the Con- the ABA House has taken formal action, the the ABA Task Force on Treatment of Enemy gress to enact legislation. During the report and recommendations represent only Combatants; and president-elect of the course of the hearing before the Judici- the views of the task force. American Judicature Society. ary Committee, in my capacity as The bipartisan task force, composed of ‘‘Abuse of presidential signing statements chairman, I made the request to Bruce constitutional scholars, former presidential poses a threat to the rule of law,’’ said Sonnett. ‘‘Whenever actions threaten to Fein, who had been a lawyer in the De- advisers, and legal and judicial experts, noted that President George W. Bush is not weaken our system of checks and balances partment of Justice during the Reagan the first president to use signing statements, and the separation of powers, the American administration, to take the lead and but said, ‘‘It was the number and nature of Bar Association has a profound responsi- prepare legislation on the subject. Mr. the current President’s signing statements bility to speak out forcefully to protect Fein and my staff have been working which . . . compelled our recommendations.’’ those lynchpins of democracy.’’ on legislation. It is my expectation The task force said its report and rec- The other task force members, whose brief that, before the weekend, we will sub- ommendations ‘‘are intended to underscore background information follows, are William the importance of the doctrine of separation S. Sessions, Patricia M. Wald, Mickey Ed- mit legislation to the Senate which wards, Bruce Fein, Harold Hongju Kho, will give the Congress standing to seek of powers. They therefore represent a call to this President and to all his successors to Charles Ogletree, Stephen A. Saltzburg, relief in the Federal courts in situa- fully respect the rule of law and our con- Kathleen M. Sullivan, Mark Agrast, Tom tions where the President has issued stitutional system of separation of powers Susman, and adviser Alan Rothstein. such signing statements and which will and checks and balances.’’ The task force recommendations urge Con- authorize the Congress to undertake The task force determined that signing gress to adopt legislation to permit the president, Congress or other entities to seek judicial review of those signing state- statements that signal the president’s intent to disregard laws adopted by Congress under- court review any time the president claims ments, with the view to having the he has the authority, or states his intention, President’s acts declared unconstitu- mine the separation of powers by depriving Congress of the opportunity to override a to disregard or decline to enforce all or part tional. That is our view as to the ap- veto, and by shutting off policy debate be- of a law he has signed, or when he interprets propriate status of these signing state- tween the two branches of government. Ac- the law in a manner inconsistent with the ments. cording to the task force, they operate as a intent of Congress. Currently, Congress lacks It is worth noting that the task force ‘‘line item veto,’’ which the U.S. Supreme legal authority to seek judicial review in those circumstances. Court has ruled unconstitutional. members include a very distinguished The task force also urges the president to Noting that the Constitution is silent array of former public servants, includ- use his veto power, as all prior presidents about presidential signing statements, the ing former CIA Director William Ses- have done, instead of a signing statement task force found that, while several recent sions; former Republican House Mem- when he believes all or part of a bill is un- presidents have used them, the frequency of constitutional, in keeping with the Constitu- ber Mickey Edwards; Court of Appeals signing statements that challenge laws has tion’s requirement that the president either Judge Patricia M. Wald, and others. escalated substantially, and their purpose approve or disapprove in their entirety laws At this point, I ask unanimous con- has changed dramatically, during the Bush sent that the full text of the news re- presented to him by Congress. Administration. If the president believes a bill pending be- lease from the American Bar Associa- The task force report states, ‘‘From the in- fore Congress would be unconstitutional if tion be printed in the RECORD. ception of the Republic until 2000, Presidents enacted, he should communicate his con- There being no objection, the mate- produced fewer than 600 signing statements cerns to Congress before the bill is passed, rial was ordered to be printed in the taking issue with the bills they signed. Ac- according to the task force. cording to the most recent update, in his RECORD, as follows: Additionally, the task force urges Congress one-and-a-half terms so far, President to enact legislation requiring the president [From American Bar Association, News George Walker Bush . . . has produced more Release, July 24, 2006] promptly to submit to Congress an official than 800.’’ copy of every signing statement he issues. BLUE-RIBBON TASK FORCE FINDS PRESIDENT The report found that President Bush’s Any time the president claims authority or BUSH’S SIGNING STATEMENTS UNDERMINE signing statements are ‘‘ritualistic, mechan- states his intention to disregard or decline SEPARATION OF POWERS ical an generally carry no citation of author- to enforce all or part of a law he has signed, WASHINGTON, DC.—Presidential signing ity or detailed explanation.’’ Even when ‘‘[a] the legislation should require him to submit statements that assert President Bush’s au- frustrated Congress finally enacted a law re- a report to Congress, available in a public thority to disregard or decline to enforce quiring the Attorney General to submit to database, setting forth in full the reasons laws adopted by Congress undermine the rule Congress a report of any instance in which and legal basis for his position, said the task of law and our constitutional system of sepa- that official or any officer of the Department force. ration of powers, according to a report re- of Justice established or pursued a policy of Presidential signing statements are not leased today by a blue-ribbon American Bar refraining from enforcing any provision of new, according to the task force, which notes Association task force. any federal statute . . . this too was sub- that ‘‘Presidents have issued statements To address these concerns, the task force jected to a ritual signing statement insisting elaborating on their views of the laws they urges Congress to adopt legislation enabling on the President’s authority to withhold in- sign since the time of President James Mon- its members to seek court review of signing formation whenever he deemed it nec- roe.’’ But under President Ronald Reagan, statements that assert the President’s right essary.’’ ‘‘For the first time, signing statements were to ignore or not enforce laws passed by Con- ‘‘This report raises serious concerns cru- viewed as a strategic weapon in a campaign gress, and urges the President to veto bills cial to the survival of our democracy,’’ said to influence the way legislation was inter- he feels are not constitutional. Greco. ‘‘If left unchecked, the president’s preted by the courts and Executive agencies The Task Force on Presidential Signing practice does grave harm to the separation as well as their more traditional use to pre- Statements and the Separation of Powers of powers doctrine, and the system of checks serve Presidential prerogatives.’’ The report Doctrine was created by ABA President Mi- and balances, that have sustained our de- also notes that President Clinton, like his chael S. Greco with the approval of the ABA mocracy for more than two centuries. Imme- predecessors, used signing statements, but to Board of Governors in June, to examine the diate action is required to address this a significantly lesser degree, and different changing role of presidential signing state- threat to the Constitution and to the rule of purpose. ments after the Boston Globe on April 30 re- law in our country.’’ Among President Bush’s signing state- vealed an exclusive reliance on presidential Greco said that the task force’s report ments, the task force noted refusals to carry signing statements, in lieu of vetoes, by the ‘‘constructively offers procedures that con- out laws involving ‘‘Congressional require- Bush Administration. sider the prerogatives both of the president ments to report back to Congress on the use

VerDate Aug 31 2005 05:29 Dec 27, 2006 Jkt 059060 PO 00000 Frm 00011 Fmt 4624 Sfmt 0634 E:\RECORDCX\T37X$J0E\S24JY6.REC S24JY6 mmaher on PROD1PC69 with CONG-REC-ONLINE S8124 CONGRESSIONAL RECORD — SENATE July 24, 2006 of Patriot Act authority to secretly search chest as well. A female tourist got tribute to the threat of wildfires. These homes and seize private papers, [and] the caught in the crossfire and suffered se- factors include unnaturally high fuel McCain amendment forbidding any U.S. offi- rious but fortunately non-life threat- loads, the urban-wildland interface, the cials to use torture or cruel and inhumane ening wounds. Both men hit the floor, increase of invasive plant species, un- treatment on prisoners.’’ Where legislation has mandated reports to bleeding profusely. Gibson’s actions natural wildfire suppression, and graz- Congress on special matters, such as the In- saved lives. As one staffer put it at the ing and logging practices. telligence Authorization Act of 2002, the time, ‘‘Thank God there was a good A recent scholarly article titled signing statement treated the requirement guy with a gun.’’ ‘‘Warming and Earlier Spring Increases as only advisory, said the task force. The Sitting in my Dirksen office, I had Western U.S. Forest Wildfire Activity’’ task force said President Bush’s signing begun preparations to leave for the published online on July 6, 2006, in the statements are ‘‘particularly adamant about weekend when I was notified an emer- Journal of Science focuses on the pre- preventing any of his subordinates from re- gency was unfolding at the Capitol. My viously unexplored correlation between porting directly to Congress.’’ instincts and my surgical training took With more than 410,000 members, the climate change and wildfires. The arti- American Bar Association is the largest vol- over. cle found that the frequency and inten- untary professional membership organiza- I ran to the East ‘‘Law Library En- sity of wildfires in the West are grow- tion in the world. As the national voice of trance’’ at the Capitol. I saw blood all ing as the climate gets hotter. the legal profession, the ABA works to im- over—a horrible scene. Three bodies Two of the most telling parts of the prove the administration of justice, pro- lay on the ground. I turned my atten- article found that ‘‘robust statistical motes programs that assist lawyers and tion to treating them. In the chaos, I associations between wildfire and judges in their work, accredits law schools, didn’t recognize any of the three. hydro-climate in western forests indi- provides continuing legal education, and I assisted the medical first respond- cate that increased wildfire activity works to build public understanding around ers in controlling the hemorrhaging the world of the importance of the rule oflaw and securing an airway, and then help- over recent decades reflects sub- in a democratic society. ing two of the victims into the ambu- regional responses to changes in cli- f lances. I rode in the ambulance to help mate.’’ In addition, the authors assert that ‘‘large increases in wildfire driven CAPITOL SHOOTINGS control the hemorrhage of one of the by increased temperatures and earlier ANNIVERSARY injured. It turned out that patient was spring snowmelts in forests where land Mr. FRIST. Mr. President, 8 years the alleged perpetrator. All of us should, every day, give use history had little impact on fire ago today, two brave men gave their thanks for the bravery and sacrifices of risks indicates that ecological restora- lives in defense of the U.S. Capitol. A Officer Jacob Joseph Chestnut and De- tion and fuels management alone will plaque in this building commemorates tective John Michael Gibson. Many not be sufficient to reverse current their bravery, their names have been have contributed funds set up to assist wildfire trends.’’ etched indelibly upon the National Law their families and rarely a day goes by Mr. President, I do not believe that Enforcement Officers Memorial a mile that I don’t remember both of them in the issue of climate change should be a from here, and the headquarters of the my thoughts and prayers. partisan issue. I hope the mountain of U.S. Capitol Police now bears their The shootings that took place on scientific evidence that is piling up on names. July 24, 1998, were an attack on this climate change will compel my col- These memorials are fitting and Capitol, a central symbol of our democ- leagues on both sides and the adminis- proper. But they do not do these men racy and, thus, an attack on the open- tration to treat climate change as a full justice. We must also remember ness of Congress, and, in turn, upon the moral issue and quickly enact manda- them in our words and our actions. All very principle of two-way communica- tory reductions in global greenhouse Members of Congress, all congressional tion between the people and their emissions. staff, and, indeed, all Americans owe a elected representatives. great debt of gratitude to Officer Jacob Two brave men stood up for us all. f Joseph Chestnut and Detective John They defended our democracy itself. Michael Gibson. We will not all be called to the same ADDITIONAL STATEMENTS For a few moments, I would like to sort of moral heroism but can all learn reflect upon the enormous bravery of from their example and all reflect upon these two men. their bravery. Officer Chestnut and Detective Gib- Today, we mourn for them, we pray DULUTH EAST HIGH SCHOOL, son were both hardworking family for the families, we thank them, and DULUTH, MINNESOTA men. Gibson had three children; Chest- we remember them. ∑ Mr. DAYTON. Mr. President, today I nut, five. Gibson found great happiness f wish to honor Duluth East High in the exploits of the Boston Red Sox CLIMATE CHANGE AND ITS POTEN- School, in Duluth, MN, which recently and Boston Bruins. He knew their ros- TIAL IMPACT ON WILDFIRES earned an Award for Excellence in Edu- ters by heart. Chestnut loved working Mr. REID. Mr. President, wildfires cation for its exceptional and innova- in his garden. I knew both men by have already burned almost 300,000 tive achievements in educating chil- sight. I passed Officer Chestnut most acres in Nevada this year, and over 1.7 dren. every day on my way in to work. million acres were destroyed by fire Duluth East High School is truly a On Friday, July 24, 1998, both men last year. One particularly devastating model of educational success, which is were nearing the end of a busy work fire last year burned over 500,000 acres reflected in the achievements of its day. But events unfolded with a quick in southern Nevada. students. Duluth East High School and horrible speed. At about 3:40 p.m. Well-established science indicates boasts a 98-percent graduation rate. police and prosecutors allege that Rus- small, normally occurring wildfires are Ninety-one percent of its graduates go sell Eugene Weston entered the Capitol part of the healthy life-cycle of forests. on to some type of postsecondary edu- through the East Entrance. He at- Large, catastrophic fires, though, can cation, with over 66 percent enrolling tempted to evade a metal detector and sometimes cause extreme and irrevers- in a 4-year college. The class of 2005 Chestnut stepped into his path to stop ible damage to the delicate ecosystems had two students who qualified as Na- him—to protect all of us. Weston shot in the West. tional Merit semifinalists; nine re- him at point-blank range. People in Nevada have always been ceived Letters of Commendation from Weston then allegedly proceeded concerned about wildfires and their the National Merit Scholarship Cor- down the corridor, rushing towards the ability to destroy homes, businesses, poration; 23 earned a perfect 4.0 grade Office of the Majority Leader of the and our State’s natural beauty. Re- point average; and, all told, members House of Representatives. Gibson, cently, though, Nevadans and people of the class were offered in excess of $2 those who were in the office say, throughout the West have begun to no- million in scholarship monies. warned everyone to get down. He yelled tice and ask questions about the dra- Duluth East provides many chal- ‘‘Drop your weapon’’ and exchanged matic changes in wildfire intensity and lenging courses for high-achieving stu- gunfire with Weston. The crazed gun- frequency. dents, offering advanced placement man hit Gibson in the leg and the The Congressional Research Service courses in English, calculus, and Euro- chest. Gibson hit Weston in the leg and has concluded that many factors con- pean history. All advanced placement

VerDate Aug 31 2005 05:29 Dec 27, 2006 Jkt 059060 PO 00000 Frm 00012 Fmt 4624 Sfmt 0634 E:\RECORDCX\T37X$J0E\S24JY6.REC S24JY6 mmaher on PROD1PC69 with CONG-REC-ONLINE July 24, 2006 CONGRESSIONAL RECORD — SENATE S8125 students are required to take the ad- He also worked towards the construc- Award from the Minnesota Academic vanced placement test at the end of the tion of a new fire hall that will provide Excellence Foundation. term. Students scoring three or better expanded services to the Sturgis com- Improving pupils’ achievement is on the test automatically earn college munity and area. also a primary focus at Stowe Elemen- credit. Last year, 70 percent of all Du- Mayor Zeigler has been especially tary. The teachers and administrators luth East students who took the ad- successful in promoting economic de- establish annual goals relative to stu- vanced placement tests scored three or velopment. Not so many years ago, it dent achievement in reading, math, above. appeared the city lacked the means to and writing, in addition to a goal re- In addition to the advanced place- expand its industrial base. But Mayor lated to the school’s overall learning ment classes, Duluth East offers Col- Zeigler succeeded in working with city environment. The goals are com- lege in the School classes and honors officials to design and expand the city’s prehensive, including individual goals classes in English, biology, chemistry, industrial park complex. Through his for every staff member. It has a sum- physics, and anatomy/physiology. leadership, Sturgis has developed a mer ‘‘Jump Start’’ EXCEL Program for Two Duluth East teachers received niche among gun and ammunition pupils determined to be at risk for significant recognition last year. Peg manufacturers. In addition, he has maintaining their grade-level perform- Zahorick, a special education teacher, made Sturgis a more attractive place ance. Last year, Stowe Elementary re- was designated Teacher of the Year by to live and work by expanding and ceived four stars in both reading and Arc of Minnesota. She was honored for beautifying the city’s greenway and math from the Minnesota Department her work on behalf of persons with de- bike path areas. of Education. velopmental disabilities and their fam- During his years of community serv- Much of the credit for Harriet Bee- ilies. Cindy Grindy, a chemistry teach- ice and as mayor of Sturgis, the annual cher Stowe Elementary School’s suc- er at Duluth East, was named the 2005 Sturgis Motorcycle Classic has grown cess belongs to its principal, Terry Star of American Teaching for Min- and expanded in popularity. Sturgis is Cottingham, and to the dedicated nesota. That award is given by the U.S. a community of roughly 6,000 citizens teachers. The pupils and staff at Har- Department of Education. that hosts this annual event that riet Beecher Stowe Elementary School Much of the credit for Duluth East brings up to a million visitors each understand that, in order to be success- High School’s success belongs to its year. Hosting an event of this mag- ful, a school must go beyond achieving principal, Laurie Knapp, and to the nitude takes considerable effort and academic success; it must also provide dedicated teachers. The students and skill, which Mayor Zeigler and his a nurturing environment where stu- staff at Duluth East High School un- team of local partners have shown in dents can develop the knowledge, derstand that, in order to be successful, abundance. In addition, they have skills, and attitudes for success a school must go beyond achieving aca- hosted other established and expanding throughout life. All of the faculty, demic success. It must also provide a events such as Cavalry Days, the na- staff, and pupils at Harriet Beecher nurturing environment where students tional Sheep Dog trials and competi- Stowe Elementary School should be can develop the knowledge, skills, and tion, and the Meade County Gas and very proud of their accomplishments. attitudes for success throughout life. Threshing Bee. I congratulate Harriet Beecher Stowe All of the faculty, staff, and students I have had the privilege of working Elementary School in Duluth for win- at Duluth East High School should be with Mayor Zeigler during his terms as ning the Award for Excellence in Edu- very proud of their accomplishments. mayor. His dedication and commit- cation and for its exceptional contribu- I congratulate Duluth East High ment to his community and its citizens tions to education in Minnesota.∑ School in Duluth for winning the are to be applauded, and I congratulate f Award for Excellence in Education and and commend him on his years of serv- for its exceptional contributions to ice, his leadership, vision, and work STATEMENT ON THE 125TH ANNI- education in Minnesota.∑ ethic. Mark and Gae will be greatly VERSARY OF THE FOUNDING OF WILMOT, SOUTH DAKOTA f missed by the residents of Sturgis, and I want to wish them all the best as ∑ Mr. JOHNSON. Mr. President, today MAYOR MARK ZEIGLER OF they open a new chapter in their lives. I pay tribute to the 125th anniversary STURGIS, SOUTH DAKOTA The mayor’s accomplishments in of the founding of the progressive city ∑ Mr. JOHNSON. Mr. President, today Sturgis will long be remembered fondly of Wilmot, SD. It is my pleasure to rec- I to pay tribute to the work of a distin- by the city’s residents and by those of ognize the citizens of Wilmot on reach- guished public official in my home us who had the pleasure of working ing this milestone. State of South Dakota. On September with him.∑ Wilmot is the oldest town in Roberts 4, Mark Zeigler will step aside as f County and was named after Mr. mayor of Sturgis to become the presi- Wilmot, a director of the Milwaukee dent of Northwestern Health Science HARRIET BEECHER STOWE ELE- Railroad. Wilmot was first settled in University in Bloomington, MN. MENTARY SCHOOL, DULUTH, 1880 and filed for a town charter with Mark and his wife Gae, an elemen- MINNESOTA the territorial government on June 3, tary school teacher, arrived in Sturgis ∑ Mr. DAYTON. Mr. President, today I 1881. In the early years of Wilmot, the on the last day of the 1980 Sturgis mo- honor Harriet Beecher Stowe Elemen- community was located in Grant Coun- torcycle rally. Mark quickly estab- tary School, in Duluth, MN, which re- ty but was shortly thereafter included lished his chiropractic practice. Later cently earned an Award for Excellence in the newly created Roberts County, he began his political career by com- in Education for its exceptional and in- where it served as county seat for a pleting the term of Maurice LaRue on novative achievements in educating number of years. The Milwaukee Rail- the Sturgis City Council. children. road, which helped bring Wilmot into For the next 14 years, Mark served on Harriet Beecher Stowe Elementary existence, still runs through the town the Sturgis City Council. He left the School is truly a model of educational today. council in 1997 and was elected mayor success. For past 12 years, the school The community has endured its share in 2001. During the past 5 years as has embraced an environmental edu- of hardship. For example, on June 17, mayor, and his nearly 20 years of com- cation emphasis, with a 100-percent 1944, much of the agricultural area sur- munity service to the residents of commitment to recycling, breakfast rounding Wilmot was destroyed by a Sturgis, Mark has worked to make the and lunch waste reduction, an inte- tornado. Like many rural areas, the community a better place to work, grated environmental education cur- community came together to help one live, and raise a family. riculum, a composting shed, an alter- another, cleaning off farmland and re- During Mayor Zeigler’s tenure, the native-energy tower, and annual envi- building buildings. This incident shows city developed a state-of-the-art li- ronmentally themed service-learning the strength of the bonds that hold this brary and city hall complex that will projects at all grade levels. Stowe Ele- rural community together. serve the community and area resi- mentary was one of six Minnesota According to the 2000 census, Wilmot dents for many years into the future. schools to receive last year’s Spotlight has 543 people. Small towns like

VerDate Aug 31 2005 05:29 Dec 27, 2006 Jkt 059060 PO 00000 Frm 00013 Fmt 4624 Sfmt 0634 E:\RECORDCX\T37X$J0E\S24JY6.REC S24JY6 mmaher on PROD1PC69 with CONG-REC-ONLINE S8126 CONGRESSIONAL RECORD — SENATE July 24, 2006 Wilmot comprise the backbone of our principal, Monte Wittman, and to the Garner, Robert Nowland, Walter Put- State. These communities are built on dedicated teachers. The pupils and staff nam, and Frank Altizer, among many hard work and solid values and serve as at Lowell Elementary School under- others. a reminder of South Dakota’s rich agri- stand that in order to be successful a The fair organizers and the many cultural heritage. Wilmot is served by school must go beyond achieving aca- dedicated volunteers over the years the Wilmot Enterprise weekly news- demic success; it must also provide a have played an integral role in ensur- paper. nurturing environment where students ing the success of the fair, and I know Even 125 years after its founding, can develop the knowledge, skills, and my colleagues join me in recognizing Wilmot remains an active and vibrant attitudes for success throughout life. and congratulating all those who have community. As a way of celebrating All of the faculty, staff, and pupils at contributed to the fair for their ef- this achievement, a ‘‘Wilmot History Lowell Elementary School should be forts.∑ Book’’ is being compiled. This book very proud of their accomplishments. will feature stories of all kinds about I congratulate Lowell Elementary f the people and events in Wilmot’s past School in Duluth for winning the WASHINGTON ELEMENTARY and will serve to bring this close-knit Award for Excellence in Education and SCHOOL, CLOQUET, MINNESOTA for its exceptional contributions to community even closer. I am proud to ∑ honor the people of Wilmot on this education in Minnesota.∑ Mr. DAYTON. Mr. President, today I wish to honor Washington Elementary memorable occasion and to extend my f congratulations to them.∑ School, in Cloquet, MN, which recently IN RECOGNITION OF THE 125TH AN- earned an Award for Excellence in Edu- f NIVERSARY OF THE TUSCOLA cation for its exceptional and innova- LOWELL ELEMENTARY SCHOOL, COUNTY FAIR tive achievements in educating chil- DULUTH, MINNESOTA ∑ Mr. LEVIN. Mr. President, I take dren. ∑ Mr. DAYTON. Mr. President, today I this opportunity to recognize the Washington Elementary School is honor Lowell Elementary School, in Tuscola, Michigan County Fair as it truly a model of educational success. Duluth, MN, which recently earned an celebrates its 125th anniversary. The The school’s teachers and administra- Award for Excellence in Education for Tuscola County Fair, in existence since tors are to be applauded for their lead- its exceptional and innovative achieve- 1881, showcases the local agricultural ership in helping children understand ments in educating children. community in addition to other attrac- the harmful consequences of bullying Lowell Elementary School, a music tions, is an important contributor to other students. Its Bullying Prevention magnet school, is truly a model of edu- the local economy, and entertains Program is one of the best in the State. cational success. In addition to a well- thousands of fairgoers of all ages each The effort to address bullying at rounded learning experience, the year. Washington Elementary began last school offers an exceptional music cur- The fair, which first took place the year, after students were surveyed riculum, including a choir at each year President Garfield was assas- about their thoughts and attitudes to- grade level—kindergarten through fifth sinated, generates more than $2 million ward a variety of school safety mat- grade—piano instruction for second, of activity in the county. The impetus ters. Their responses to four key ques- third, and fourth-grade pupils, string to locate a fair in Caro, MI, was the de- tions were significant: 22 percent of all instrument lessons for third through sire of agricultural groups in the area pupils reported having been bullied at fifth grades, and band instruction for to display their harvest, livestock, least two to three times per month; 62 grades four and five. home canning and baked goods, flowers percent said that when they see bul- Lowell Elementary School’s success and needlework, and of local merchants lying they want to help, if only they is reflected in its popularity within the and other industries to demonstrate knew what to do; children in grades 3 Duluth community. There are 127 stu- new products and machinery for the through 5 are the most often bullied; dents on a waiting list for enrollment farm and home. and the three places where bullying in Lowell, including children for future Over the years, the Tuscola County most frequently occurs are on the play- kindergarten enrollment. An English Fair has experienced several mile- ground, in the lunchroom, and on the language learner program is housed in stones. The fair first showed a profit in bus. the building, serving 33 to 38 students 1891, and in 1892, a half-mile clay track All licensed and nonlicensed staff at per year from 10 different countries. A was constructed. Interestingly, while Washington Elementary received train- 21st Century Program, which involves the track was intended for sulky races, ing using the Olweus Bullying Preven- a partnership between Lowell and the in 1924, female jockeys raced Kentucky tion Program. Staff learned what bul- YMCA, provides on-site daily men- thoroughbreds every day of the fair. In lying is and how they can put an end to toring and tutoring services after 1896, a new Agricultural Hall was con- it. They learned how to teach students school until 6:00 p.m., for pupils in structed to showcase the agricultural to recognize a bully and what steps to grades K through 5. industry. In addition, the Fair Office, take when they encounter one. They Parents further attest to Lowell’s the oldest building still standing, was learned that most bullying is not phys- success. Joan Lancour states: constructed in 1917, and in 1920, the ical, but rather uses verbal taunts, and My child has attended Lowell for the past present ‘‘Heritage Hall’’ was con- excludes and degrades the victim. Chil- three years. During this time, my child, structed. During World War II, the fair- dren who are bullied have lower self-es- Chris, has received extra help from all staff grounds were used to house German teem, more absences, and more anx- that he never received at other schools. The prisoners, who worked to help the local iety, along with depression and staff have helped him to gain confidence sugar industry that was so vital to our thoughts of suicide. through the music program . . . Over these war effort. More recently, in 1981, the The Bullying Prevention Program at past three years I have seen him take strides Historical Society of Michigan des- Washington Elementary School has be- to become an independent student through the excellent training of Lowell staff and ad- ignated the fairgrounds a historical come a communitywide effort. Mail- ministrators. site. ings were sent home to parents. Local Many people have contributed to the business leaders, the mayor, the police Another mother, Sue Wright, adds: success of the Tuscola County Fair, in- chief, the media, and other local dig- We feel very fortunate to have the enrich- cluding Emery J. Vandemark, the long- nitaries participated in a ‘‘Kick-off ment of music in our children’s education. The benefits of the extra music opportunities est serving board member, the treas- Celebration’’ held earlier this school have shown in their academic success. Low- urer for 28 years, and the current 13- year. The program’s slogan is, ‘‘Take a ell is a positive school with very dedicated year President; the late Jay Kitchen, Bite Out of Bullying’’; the University students, staff and parents. It has been a past president; Walter Jackson, presi- of Minnesota—Duluth Bulldog serves wonderful place for my family to begin a dent of the fair board and active 4–H as the program’s mascot. lifelong education. member; James Fitzgerald, past presi- The school community is rightly Much of the credit for Lowell Ele- dent; Jerry Vandemark, longtime fund- proud of the results. Children are com- mentary School’s success belongs to its raiser; and longtime members Waldo ing to school feeling safer. Attendance

VerDate Aug 31 2005 05:29 Dec 27, 2006 Jkt 059060 PO 00000 Frm 00014 Fmt 4624 Sfmt 0634 E:\RECORDCX\T37X$J0E\S24JY6.REC S24JY6 mmaher on PROD1PC69 with CONG-REC-ONLINE July 24, 2006 CONGRESSIONAL RECORD — SENATE S8127 is up. And the school climate has im- the Northwest Paralyzed Veterans As- Located in Day County, Webster was proved. The Bullying Prevention Pro- sociation to provide expertise to enable founded in 1881 and named after one of gram has been featured in local news- Amtrak’s Cascades to become the first its first settlers, J.B. Webster. Webster paper stories. High school students fully accessible train in America. His has been a successful and thriving com- have come to Washington Elementary continued efforts to make SeaTac munity for the past 125 years, and I am to perform skits on the bullying theme, International Airport more accessible confident that it will continue to serve and this May the CLIMB Theater group for the disabled will result in a new as an example of South Dakota values completed a 3-day residency on bul- over-sized disabled passenger vehicle and traditions for the next 125 years. lying. parking lot to be dedicated by Memo- I offer my congratulations to Web- In addition, the school can take pride rial Day this spring. ster on their anniversary and wish in its Minnesota Comprehensive As- We see Jack’s influence in Seattle’s them continued prosperity in the years sessment test scores. Last year, the public transportation system. While to come.∑ school received four-star ratings in working with the Washington Coalition f both reading and math from the Min- for Citizens with Disabilities, of which EXECUTIVE AND OTHER nesota Department of Education. he was a co-founder, and the Northwest Much of the credit for Washington Chapter Paralyzed Veterans of Amer- COMMUNICATIONS Elementary School’s success belongs to ica, which he founded, Jack advocated The following communications were its principal, Randy Thudin, and to the for a totally accessible public transit laid before the Senate, together with dedicated teachers. The pupils and staff system, which became a reality at accompanying papers, reports, and doc- at Washington Elementary School un- King’s County METRO 20 years later. uments, and were referred as indicated: derstand that in order to be successful We see Jack’s influence in the lives EC–7601. A communication from the United a school must go beyond achieving aca- of hundreds of disabled veterans, for States Trade Representative, Executive Of- demic success; it must also provide a whom he has delivered, often person- fice of the President, transmitting, pursuant nurturing environment where students ally, adaptive equipment in a donation to law, a report relative to a free trade can develop the knowledge, skills, and program he created that provides free agreement between the United States and the Republic of Peru; to the Committee on attitudes for success throughout life. wheelchairs and hospital beds to those Finance. All of the faculty, staff, and pupils at in need. EC–7602. A communication from the Regu- Washington Elementary School should Throughout his service and advocacy, lations Officer, Social Security Administra- be very proud of their accomplish- Jack never forgot his brothers and sis- tion, transmitting, pursuant to law, the re- ments. ters in arms, both past and present. port of a rule entitled ‘‘Federal Old-Age, Sur- I congratulate Washington Elemen- Through his words and his works, Jack vivors, and Disability Insurance Supple- tary School in Cloquet for winning the constantly reminded American policy- mental Security Income; Collection of Over- Award for Excellence in Education and makers and citizens alike of the brav- due Program and Administrative Debts Using Federal Salary Offset’’ (RIN0960–AE89) for its exceptional contributions to ery, honor, and sacrifice military serv- received on July 17, 2006; to the Committee education in Minnesota.∑ ice entails. He reminded us of our na- on Finance. f tional obligation to take care of our EC–7603. A communication from the Chief, veteran population and to create a sys- Publications and Regulations Branch, Inter- TRIBUTE TO JACK MICHAELS tem with the capacity to provide for nal Revenue Service, Department of the ∑ Mrs. MURRAY. Mr. President, today future veterans. He reminds us that the Treasury, transmitting, pursuant to law, the I wish to honor Jack Michaels, a deco- absolute least we can do to thank the report of a rule entitled ‘‘Effect of Elections rated veteran and a lifelong advocate courageous men and women who put in Certain Multi-Step Transactions’’ for veterans and disabled persons and ((RIN1545–BB68)(TD 9271)) received on July their lives in jeopardy every day to 13, 2006; to the Committee on Finance. their families all over the country. It protect our rights is provide for them EC–7604. A communication from the Chief, has been my sincere pleasure to work and their families when their service is Publications and Regulations Branch, Inter- with him to forward these efforts and I complete. With the aging Vietnam and nal Revenue Service, Department of the wish him all the best in his retirement Korean war veteran population and Treasury, transmitting, pursuant to law, the from his post as Executive Director of ever growing number of Iraq veterans report of a rule entitled ‘‘Field Directive on the Northwest Paralyzed Veterans As- returning home, it is on all of us to Asset Class and Depreciation for Casino Con- sociation. His remarkable record of continue Jack’s work for veterans and struction Costs’’ received on July 13, 2006; to the Committee on Finance. service reminds us all that one person’s never to forget the example he set. EC–7605. A communication from the Chief, efforts can improve the lives of many. You might notice the frequent use of Publications and Regulations Branch, Inter- The effects of Jack’s advocacy can be a single word throughout this recount- nal Revenue Service, Department of the felt in many ways. Jack served coura- ing of Jack’s military and civilian ex- Treasury, transmitting, pursuant to law, the geously as a Captain in the United perience: served. Jack dedicated his report of a rule entitled ‘‘Disclosure of Re- States Army from 1966 to 1971 and was life to service, first when he volun- turn Information by Certain Officers and awarded the Distinguished Flying teered for the Army, then in countless Employees for Investigative Purposes’’ Cross, a Purple Heart, and other hon- other volunteer and advocacy endeav- ((RIN1545–BB16)(TD 9274)) received on July 13, 2006; to the Committee on Finance. ors. After being shot down in combat ors. He gave his time and expertise in EC–7606. A communication from the In- and incurring a severe spinal cord in- exchange for the satisfaction of effect- terim Staff Director, United States Sen- jury, Jack realized his service to the ing change and improving the lives of tencing Commission, transmitting, pursuant United States was far from over; rath- others, many of whom he may never to law, the Commission’s 2005 Annual Report er, it was just beginning. meet. Rather than react with anger or and Sourcebook of Federal Sentencing Sta- We see Jack’s influence in our na- despair to his harrowing combat in- tistics; to the Committee on the Judiciary. tional civil rights legislation. During jury, Jack treated it as a call to ac- EC–7607. A communication from the Dep- uty Director, Regulations and Rulings Divi- Jack’s tenure as the National Presi- tion. Jack’s work has given oppor- dent of Paralyzed Veterans of America, sion, Alcohol and Tobacco Tax and Trade Bu- tunity to thousands of veterans and reau, transmitting, pursuant to law, the re- he worked tirelessly to facilitate the disabled Americans and left a legacy of port of a rule entitled ‘‘Establishment of the passage of landmark civil rights legis- service that will continue to touch Saddle Rock-Malibu Viticultural Areas’’ lation, the Americans with Disabilities lives for decades to come.∑ ((RIN1513–AB15)(T.D. TTB–52)) received on Act. f July 18, 2006; to the Committee on the Judi- We see Jack’s influence in the Puget ciary. Sound area. He provides expertise in WEBSTER, SOUTH DAKOTA, EC–7608. A communication from the Dep- accessibility and has served on public CELEBRATES 125TH ANNIVERSARY uty Director, Regulations and Rulings Divi- projects including Safeco Field, ∑ Mr. THUNE. Mr. President, today I sion, Alcohol and Tobacco Tax and Trade Bu- reau, transmitting, pursuant to law, the re- Seahawks Stadium, Benayora and wish to recognize Webster, SD. The port of a rule entitled ‘‘Establishment of the McCaw Halls, and Seattle’s new City town of Webster will celebrate the Alta Mesa, Borden Ranch, Clements Hills, Hall and Regional Justice Center, just 125th anniversary of its founding this Cosumnes River, Jahant, Mokelumne River, to name a few. His leadership enabled year. and Sloughhouse Viticultural Areas’’

VerDate Aug 31 2005 05:29 Dec 27, 2006 Jkt 059060 PO 00000 Frm 00015 Fmt 4624 Sfmt 0634 E:\RECORDCX\T37X$J0E\S24JY6.REC S24JY6 mmaher on PROD1PC69 with CONG-REC-ONLINE S8128 CONGRESSIONAL RECORD — SENATE July 24, 2006 ((RIN1513–AA82 thru 1513–AA88)(T.D. TTB– ting, pursuant to law, the report of a rule en- EC–7626. A communication from the Prin- 50)) received on July 18, 2006; to the Com- titled ‘‘Proposed Rule: Haddock Separator cipal Deputy Associate Administrator, Office mittee on the Judiciary. Trawl Requirement’’ (I.D.# 061306A) received of Policy, Economics, and Innovation, Envi- EC–7609. A communication from the Dep- on July 17, 2006; to the Committee on Com- ronmental Protection Agency, transmitting, uty Director, Regulations and Rulings Divi- merce, Science, and Transportation. pursuant to law, the report of a rule entitled sion, Alcohol and Tobacco Tax and Trade Bu- EC–7618. A communication from the Acting ‘‘PM2.5 De Minimis Emission Levels for Gen- reau, transmitting, pursuant to law, the re- Director, Office of Sustainable Fisheries, Na- eral Conformity Applicability’’ (FRL No. port of a rule entitled ‘‘Establishment of the tional Oceanic and Atmospheric Administra- 8197–4) received on July 13, 2006; to the Com- Eola-Amity Hills Viticultural Area’’ tion, Department of Commerce, transmit- mittee on Environment and Public Works. ((RIN1513–AA41)(T.D. TTB–51)) received on ting, pursuant to law, the report of a rule en- EC–7627. A communication from the Prin- July 18, 2006; to the Committee on the Judi- titled ‘‘Temporary Rule; Inseason Bluefish cipal Deputy Associate Administrator, Office ciary. Quota Transfer from Florida to North Caro- of Policy, Economics, and Innovation, Envi- EC–7610. A communication from the Attor- lina’’ (I.D.# 061206B) received on July 17, 2006; ronmental Protection Agency, transmitting, ney Advisor, United States Coast Guard, De- to the Committee on Commerce, Science, pursuant to law, the report of a rule entitled partment of Homeland Security, transmit- and Transportation. ‘‘Approval and Promulgation of Air Quality ting , pursuant to law, the report of a rule EC–7619. A communication from the Acting Implementation Plans; Tennessee; Update to entitled ‘‘Coast Guard Organization; Activi- Director, Office of Sustainable Fisheries, Na- Materials Incorporated by Reference’’ (FRL ties Europe’’ (RIN1625–AA03) received on tional Oceanic and Atmospheric Administra- No. 8197–2) received on July 18, 2006; to the July 13, 2006; to the Committee on Com- tion, Department of Commerce, transmit- Committee on Environment and Public merce, Science, and Transportation. ting, pursuant to law, the report of a rule en- Works. EC–7611. A communication from the Chief, titled ‘‘Fisheries of the Caribbean, Gulf of EC–7628. A communication from the Prin- Regulations and Administrative Law, United Mexico, and South Atlantic; Reef Fish Fish- cipal Deputy Associate Administrator, Office States Coast Guard, Department of Home- ery of the Gulf of Mexico; Closure of the 2006 of Policy, Economics, and Innovation, Envi- land Security, transmitting, pursuant to Deep-Water Grouper Commercial Fishery’’ ronmental Protection Agency, transmitting, law, the report of a rule entitled ‘‘Special (I.D.# 060806E) received on July 17, 2006; to pursuant to law, the report of a rule entitled Local Regulations (including 4 regulations): the Committee on Commerce, Science, and ‘‘Approval and Promulgation of Implementa- [CGD05–06–025], [CGD05–06–037], [CGD05–06– Transportation. tion Plans; New York Ozone State Imple- EC–7620. A communication from the Acting 033], [CGD05–06–036]’’ (RIN1625–AA08) re- mentation Plan Revision’’ (FRL No. 8191–3) Deputy Assistant Administrator for Regu- ceived on July 13, 2006; to the Committee on received on July 18, 2006; to the Committee latory Programs, National Marine Fisheries Commerce, Science, and Transportation. on Environment and Public Works. Service, National Oceanic and Atmospheric EC–7612. A communication from the Chief, EC–7629. A communication from the Prin- Administration, Department of Commerce, Regulations and Administrative Law, United cipal Deputy Associate Administrator, Office transmitting, pursuant to law, the report of States Coast Guard, Department of Home- of Policy, Economics, and Innovation, Envi- a rule entitled ‘‘Fisheries of the Caribbean, land Security, transmitting, pursuant to ronmental Protection Agency, transmitting, Gulf of Mexico, and South Atlantic; Gulf of law, the report of a rule entitled ‘‘Draw- pursuant to law, the report of a rule entitled Mexico Recreational Grouper Fishery Man- bridge Operations (including 2 regulations): ‘‘Protection of Stratospheric Ozone: Minor [CGD05–05–041], [CGD07–04–136]’’ (RIN1625– agement Measures’’ (I.D.# 032006C) received on July 17, 2006; to the Committee on Com- Amendments to the Regulations Imple- AA09) received on July 13, 2006; to the Com- menting the Allowance System for Control- mittee on Commerce, Science, and Transpor- merce, Science, and Transportation. EC–7621. A communication from the Assist- ling HCFC Production, Import and Export’’ tation. (FRL No. 8199–9) received on July 18, 2006; to EC–7613. A communication from the Chief, ant Administrator for Fisheries, National Marine Fisheries Service, National Oceanic the Committee on Environment and Public Regulations and Administrative Law, United Works. States Coast Guard, Department of Home- and Atmospheric Administration, Depart- ment of Commerce, transmitting, pursuant EC–7630. A communication from the Prin- land Security, transmitting, pursuant to to law, the report of a rule entitled ‘‘Fish- cipal Deputy Associate Administrator, Office law, the report of a rule entitled ‘‘Special eries of the Northeastern United States; At- of Policy, Economics, and Innovation, Envi- Local Regulations (including 3 regulations): lantic Sea Scallop Fishery; Emergency ronmental Protection Agency, transmitting, [CGD07–06–108], [CGD07–06–107], [CGD05–06– Rule’’ ((RIN0648–AU47)(I.D.# 051806E)) re- pursuant to law, the report of a rule entitled 065]’’ (RIN1625–AA08) received on July 13, ceived on July 17, 2006; to the Committee on ‘‘National Emission Standards for Hazardous 2006; to the Committee on Commerce, Commerce, Science, and Transportation. Air Pollutants: Organic Liquids Distribution Science, and Transportation. EC–7622. A communication from the Attor- (Non-Gasoline)’’ (FRL No. 8202–4) received on EC–7614. A communication from the Chief, ney, Federal Motor Carrier Safety Adminis- July 18, 2006; to the Committee on Environ- Regulations and Administrative Law, United tration, Department of Transportation, ment and Public Works. States Coast Guard, Department of Home- transmitting, pursuant to law, the report of EC–7631. A communication from the Prin- land Security, transmitting, pursuant to a change in previously submitted reported cipal Deputy Associate Administrator, Office law, the report of a rule entitled ‘‘Draw- information for the position of Adminis- of Policy, Economics, and Innovation, Envi- bridge Operations (including 6 regulations): trator, received on July 17, 2006; to the Com- ronmental Protection Agency, transmitting, [CGD05–06–071], [CGD05–06–070], [CGD01–06– mittee on Commerce, Science, and Transpor- pursuant to law, the report of a rule entitled 076], [CGD01–06–077], [CGD01–06–078], [CGD05– tation. ‘‘Butene, Homopolymer; Tolerance Exemp- 06–039]’’ (RIN1625–AA09) received on July 13, EC–7623. A communication from the Attor- tion’’ (FRL No. 8075–8) received on July 18, 2006; to the Committee on Commerce, ney Advisor, Office of the Secretary, Depart- 2006; to the Committee on Agriculture, Nu- Science, and Transportation. ment of Transportation, transmitting, pur- trition, and Forestry. EC–7615. A communication from the Chief, suant to law, the report of a vacancy in the EC–7632. A communication from the Sec- Regulations and Administrative Law, United position of Secretary, received on July 21, retary of Energy, transmitting, a report of States Coast Guard, Department of Home- 2006; to the Committee on Commerce, proposed legislation to extend the authoriza- land Security, transmitting, pursuant to Science, and Transportation. tion for the Federal contribution to the Ura- law, the report of a rule entitled ‘‘Safety and EC–7624. A communication from the Prin- nium Enrichment Decontamination and De- Security Zones; Tall Ships Celebration 2006, cipal Deputy Associate Administrator, Office commissioning Fund; to the Committee on Great Lakes, Cleveland, Ohio, Bay City, of Policy, Economics, and Innovation, Envi- Energy and Natural Resources. Michigan, Green Bay, Wisconsin, Sturgeon ronmental Protection Agency, transmitting, f Bay, Wisconsin, Chicago, Illinois’’ (RIN1625– pursuant to law, the report of a rule entitled AA00) received on July 13, 2006; to the Com- ‘‘Approval and Promulgation of Air Quality REPORTS OF COMMITTEES mittee on Commerce, Science, and Transpor- Implementation Plans; Montana; Revisions The following reports of committees tation. to the Administrative Rules of Montana; Di- EC–7616. A communication from the Acting rect Final Rule’’ (FRL No. 8187–6) received were submitted: Director, Office of Sustainable Fisheries, Na- on July 13, 2006; to the Committee on Envi- By Mr. ENZI, from the Committee on tional Oceanic and Atmospheric Administra- ronment and Public Works. Health, Education, Labor, and Pensions, tion, Department of Commerce, transmit- EC–7625. A communication from the Prin- with an amendment in the nature of a sub- ting, pursuant to law, the report of a rule en- cipal Deputy Associate Administrator, Office stitute: titled ‘‘Fisheries of the Exclusive Economic of Policy, Economics, and Innovation, Envi- S. 757. A bill to amend the Public Health Zone Off Alaska; Yellowfin Sole in the Bear- ronmental Protection Agency, transmitting, Service Act to authorize the Director of the ing Sea and Aleutian Islands Management pursuant to law, the report of a rule entitled National Institute of Environmental Health Area’’ (I.D.# 061506A) received on July 17, ‘‘Bacillus Thuringiensis Cry2Ab2 Protein and Sciences to make grants for the development 2006; to the Committee on Commerce, the Genetic Material Necessary for Its Pro- and operation of research centers regarding Science, and Transportation. duction in Corn in or on All Corn Commod- environmental factors that may be related EC–7617. A communication from the Acting ities; Temporary Exemption From the Re- to the etiology of breast cancer (Rept. No. Director, Office of Sustainable Fisheries, Na- quirement of a Tolerance’’ (FRL No. 8076–6) 109–290). tional Oceanic and Atmospheric Administra- received on July 13, 2006; to the Committee By Mr. MCCAIN, from the Committee on tion, Department of Commerce, transmit- on Agriculture, Nutrition, and Forestry. Indian Affairs, without amendment:

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S. 3501. A bill to amend the Shivwits Band tendance to attend off-campus religious S. 2491 of the Paiute Indian Tribe of Utah Water classes at their churches, synagogues, houses At the request of Mr. CORNYN, the Rights Settlement Act to establish an acqui- of worship, and faith-based organizations; to name of the Senator from Minnesota sition fund for the water rights and habitat the Committee on the Judiciary. (Mr. DAYTON) was added as a cosponsor acquisition program (Rept. No. 109–291). f of S. 2491, a bill to award a Congres- f ADDITIONAL COSPONSORS sional gold medal to Byron Nelson in INTRODUCTION OF BILLS AND S. 195 recognition of his significant contribu- JOINT RESOLUTIONS At the request of Mr. LIEBERMAN, the tions to the game of golf as a player, a The following bills and joint resolu- name of the Senator from Vermont teacher, and a commentator. tions were introduced, read the first (Mr. JEFFORDS) was added as a cospon- S. 2590 and second times by unanimous con- sor of S. 195, a bill to provide for full At the request of Mr. COBURN, the sent, and referred as indicated: voting representation in Congress for names of the Senator from Tennessee By Mr. SCHUMER: the citizens of the District of Colum- (Mr. FRIST) and the Senator from S. 3714. A bill to establish the Math and bia, and for other purposes. Maine (Ms. COLLINS) were added as co- Science Teaching Corps; to the Committee S. 211 sponsors of S. 2590, a bill to require full on Health, Education, Labor, and Pensions. At the request of Mrs. CLINTON, the disclosure of all entities and organiza- By Ms. SNOWE: name of the Senator from Kansas (Mr. tions receiving Federal funds. S. 3715. A bill to amend the Internal Rev- ROBERTS) was added as a cosponsor of S. 2677 enue Code of 1986 and the Employee Retire- S. 211, a bill to facilitate nationwide ment Income Security Act of 1974 to provide At the request of Mr. SMITH, the for the treatment of eligible combined de- availability of 2-1-1 telephone service name of the Senator from Massachu- fined benefit plans and qualified cash or de- for information and referral on human setts (Mr. KENNEDY) was added as a co- ferred arrangements; to the Committee on services, volunteer services, and for sponsor of S. 2677, a bill to amend the Finance. other purposes. Internal Revenue Code of 1986 to extend By Mrs. CLINTON: S. 635 the investment tax credit with respect S. 3716. A bill to designate the facility of At the request of Mr. SANTORUM, the to solar energy property and qualified the United States Postal Service located at name of the Senator from New Jersey fuel cell property, and for other pur- 100 Pitcher Street in Utica, New York, as the ‘‘Captain George A. Wood Post Office Build- (Mr. MENENDEZ) was added as a cospon- poses. ing’’; to the Committee on Homeland Secu- sor of S. 635, a bill to amend title XVIII S. 2772 rity and Governmental Affairs. of the Social Security Act to improve At the request of Mr. VOINOVICH, the By Mr. HARKIN: the benefits under the medicare pro- name of the Senator from Minnesota S. 3717. A bill to amend the Rehabilitation gram for beneficiaries with kidney dis- (Mr. DAYTON) was added as a cosponsor Act of 1973 and the Public Health Service Act ease, and for other purposes. of S. 2772, a bill to provide for innova- to set standards for medical diagnostic S. 666 equipment and to establish a program for tion in health care through State ini- At the request of Mr. KENNEDY, the promoting good health, disease prevention, tiatives that expand coverage and ac- and wellness and for the prevention of sec- name of the Senator from Louisiana cess and improve quality and efficiency ondary conditions for individuals with dis- (Ms. LANDRIEU) was added as a cospon- in the health care system. abilities, and for other purposes; to the Com- sor of S. 666, a bill to protect the public S. 3495 mittee on Health, Education, Labor, and health by providing the Food and Drug At the request of Mr. STEVENS, his Pensions. Administration with certain authority name was added as a cosponsor of S. By Mr. ALLEN (for himself, Mr. STE- to regulate tobacco products. VENS, Mr. DEWINE, and Mr. DODD): 3495, a bill to authorize the extension S. 757 S. 3718. A bill to increase the safety of of nondiscriminatory treatment (nor- swimming pools and spas by requiring the At the request of Mr. NELSON of Flor- mal trade relations treatment) to the use of proper anti-entrapment drain covers ida, his name was added as a cosponsor products of Vietnam. of S. 757, a bill to amend the Public and pool and spa drainage systems, by estab- S. 3519 lishing a swimming pool safety grant pro- Health Service Act to authorize the Di- At the request of Mr. BAUCUS, his gram administered by the Consumer Product rector of the National Institute of En- name was added as a cosponsor of S. Safety Commission to encourage States to vironmental Health Sciences to make 3519, a bill to reform the State inspec- improve their pool and spa safety laws and grants for the development and oper- tion of meat and poultry in the United to educate the public about pool and spa ation of research centers regarding en- safety, and for other purposes; to the Com- States, and for other purposes. vironmental factors that may be re- mittee on Commerce, Science, and Transpor- At the request of Mr. HATCH, the lated to the etiology of breast cancer. tation. names of the Senator from Ohio (Mr. S. 1035 By Mr. REID (for himself, Mr. ENSIGN, VOINOVICH) and the Senator from North Mr. SALAZAR, Mr. ALLARD, and Mr. At the request of Mr. INHOFE, the Dakota (Mr. DORGAN) were added as co- CRAIG): name of the Senator from Delaware sponsors of S. 3519, supra. S. 3719. A bill to amend the Internal Rev- (Mr. CARPER) was added as a cosponsor enue Code of 1986 to allow public school dis- of S. 1035, a bill to authorize the pres- S. 3520 tricts to receive no interest loans for the entation of commemorative medals on At the request of Ms. SNOWE, the purchase of renewable energy systems, and behalf of Congress to Native Americans name of the Senator from South Da- for other purposes; to the Committee on Fi- kota (Mr. JOHNSON) was added as a co- nance. who served as Code Talkers during for- eign conflicts in which the United sponsor of S. 3520, a bill to amend the f States was involved during the 20th International Claims Settlement Act SUBMISSION OF CONCURRENT AND century in recognition of the service of of 1949 to allow for certain claims of SENATE RESOLUTIONS those Native Americans to the United nationals of the United States against Turkey, and for other purposes. The following concurrent resolutions States. and Senate resolutions were read, and S. 1052 S. 3545 referred (or acted upon), as indicated: At the request of Mr. STEVENS, the At the request of Mr. CRAIG, the name of the Senator from Georgia (Mr. By Mr. BROWNBACK (for himself and name of the Senator from Delaware Mr. ROBERTS): (Mr. BIDEN) was added as a cosponsor of ISAKSON) was added as a cosponsor of S. S. Res. 539. A resolution congratulating the S. 1052, a bill to improve transpor- 3545, a bill to amend title 38, United Department of Agronomy in the College of tation security, and for other purposes. States Code, to improve services for Agriculture at Kansas State University for S. 2250 homeless veterans, and for other pur- 100 years of excellent service to Kansas agri- At the request of Mr. GRASSLEY, the poses. culture; to the Committee on Agriculture, name of the Senator from Colorado S. CON. RES. 84 Nutrition, and Forestry. ALAZAR YL By Mr. DEMINT: (Mr. S ) was added as a cospon- At the request of Mr. K , the name S. Res. 540. A resolution encouraging all 50 sor of S. 2250, a bill to award a congres- of the Senator from Georgia (Mr. States to recognize and accommodate the re- sional gold medal to Dr. Norman E. ISAKSON) was added as a cosponsor of S. lease of public school pupils from school at- Borlaug. Con. Res. 84, a concurrent resolution

VerDate Aug 31 2005 05:29 Dec 27, 2006 Jkt 059060 PO 00000 Frm 00017 Fmt 4624 Sfmt 0634 E:\RECORDCX\T37X$J0E\S24JY6.REC S24JY6 mmaher on PROD1PC69 with CONG-REC-ONLINE S8130 CONGRESSIONAL RECORD — SENATE July 24, 2006 expressing the sense of Congress re- nately, his untimely death will prevent emergency rooms, hospitals, and other med- garding a free trade agreement between this dream from becoming a reality. ical settings. The standards shall ensure that the United States and Taiwan. However, we can honor this great such equipment is accessible to, and usable American for the sacrifice he made de- by, individuals with disabilities, and shall S. RES. 182 allow independent entry to, use of, and exit At the request of Mr. COLEMAN, the fending the freedoms we all enjoy. from the equipment by such individuals to name of the Senator from Texas (Mr. Captain Wood’s father and grand- the maximum extent possible. CORNYN) was added as a cosponsor of S. father both worked at the Pitcher ‘‘(b) MEDICAL DIAGNOSTIC EQUIPMENT COV- Res. 182, a resolution supporting efforts Street Post Office in Utica, NY, and it ERED.—The standards issued under sub- to increase childhood cancer aware- would be a fitting honor to designate section (a) for medical diagnostic equipment shall apply to equipment that includes exam- ness, treatment, and research. this facility in tribute to CAPT George A. Wood. ination tables, examination chairs (including S. RES. 485 I ask that the Senate come together chairs used for eye examinations or proce- At the request of Mrs. CLINTON, the dures, and dental examinations or proce- and honor this brave American hero for name of the Senator from Maine (Ms. dures), weight scales, mammography equip- his service to our Nation. ment, x-ray machines, and other radiological COLLINS) was added as a cosponsor of S. I ask unanimous consent that the Res. 485, a resolution to express the equipment commonly used for diagnostic text of the bill be printed in the purposes by health professionals. sense of the Senate concerning the RECORD. ‘‘(c) REVIEW AND AMENDMENT.—The Archi- value of family planning for American There being no objection, the text of tectural and Transportation Barriers Com- women. the bill was ordered to be printed in pliance Board shall periodically review and, as appropriate, amend the standards.’’. S. RES. 531 the RECORD, as follows: At the request of Mr. LIEBERMAN, the SEC. 3. WELLNESS GRANT PROGRAM FOR INDI- S. 3716 VIDUALS WITH DISABILITIES. names of the Senator from Georgia Be it enacted by the Senate and House of Rep- Part P of title III of the Public Health (Mr. ISAKSON), the Senator from Ari- resentatives of the United States of America in Service Act (42 U.S.C. 280g et seq.) is amend- zona (Mr. MCCAIN) and the Senator Congress assembled, ed by adding at the end the following new from Michigan (Ms. STABENOW) were SECTION 1. CAPTAIN GEORGE A. WOOD POST OF- section: added as cosponsors of S. Res. 531, a FICE BUILDING. ‘‘SEC. 399P. ESTABLISHMENT OF WELLNESS resolution to urge the President to ap- (a) DESIGNATION.—The facility of the GRANT PROGRAM FOR INDIVIDUALS point a Presidential Special Envoy for United States Postal Service located at 100 WITH DISABILITIES. ‘‘(a) IN GENERAL.— Sudan. Pitcher Street in Utica, New York, shall be known and designated as the ‘‘Captain ‘‘(1) INDIVIDUAL WITH A DISABILITY DE- f George A. Wood Post Office Building’’. FINED.—For purposes of this section, the (b) REFERENCES.—Any reference in a law, term ‘individual with a disability’ has the STATEMENTS ON INTRODUCED meaning given the term in section 7(20) of BILLS AND JOINT RESOLUTIONS map, regulation, document, paper, or other record of the United States to the facility re- the Rehabilitation Act of 1973 (29 U.S.C. By Mrs. CLINTON: ferred to in subsection (a) shall be deemed to 705(20)), for purposes of title V of such Act (29 S. 3716. A bill to designate the facil- be a reference to the ‘‘Captain George A. U.S.C. 791 et seq.). ity of the United States Postal Service Wood Post Office Building’’. ‘‘(2) WELLNESS GRANT PROGRAM FOR INDIVID- UALS WITH DISABILITIES.—The Secretary, in located at 100 Pitcher Street in Utica, By Mr. HARKIN: collaboration with the National Advisory New York, as the ‘‘Captain George A. Committee on Wellness for Individuals With Wood Post Office Building’’; to the S. 3717. A bill to amend the Rehabili- tation Act of 1973 and the Public Disabilities, may make grants on a competi- Committee on Homeland Security and tive basis to public and nonprofit private en- Health Service Act to set standards for Governmental Affairs. tities for the purpose of carrying out pro- Mrs. CLINTON. Mr. President, I am medical diagnostic equipment and to grams for promoting good health, disease proud to introduce legislation which establish a program for promoting good prevention, and wellness for individuals with would designate the facility of the U.S. health, disease prevention, and disabilities, and preventing secondary condi- wellness and for the prevention of sec- tions in such individuals. Postal Service located at 100 Pitcher ‘‘(b) REQUIREMENT OF APPLICATION.—To be Street in Utica, NY, as the Captain ondary conditions for individuals with disabilities, and for other purposes; to eligible to receive a grant under subsection George A. Wood Post Office Building. (a), a public or nonprofit private entity shall the Committee on Health, Education, CAPT George A. Wood bravely served submit to the Secretary an application at our Nation in Iraq before his tragic Labor, and Pensions. such time, in such manner, and containing Mr. HARKIN. Mr. President, I ask death on November 20, 2003. such agreements, assurances, and informa- unanimous consent that the text of the Captain Wood was born and raised in tion as the Secretary determines to be nec- bill be printed in the RECORD. essary to carry out this section. Utica, NY, in the heart of the Mohawk There being no objection, the text of ‘‘(c) AUTHORIZED ACTIVITIES.—With respect Valley. As a student at Notre Dame the bill was ordered to be printed in to promoting good health and wellness for Junior-Senior High School, Wood ex- individuals with disabilities described in sub- the RECORD, as follows: celled both in the classroom and on the section (a), activities for which the Sec- athletic field, where he participated in S. 3717 retary may make a grant under such sub- football and track and field. Be it enacted by the Senate and House of Rep- section include— Upon graduation from high school, resentatives of the United States of America in ‘‘(1) programs or activities for smoking Congress assembled, Wood attended Cornell University. He cessation, weight control, nutrition, or fit- SECTION 1. SHORT TITLE. ness that focus on the unique challenges played on the university’s football This Act may be cited as the ‘‘Promoting faced by individuals with disabilities regard- team, but focused most of his attention Wellness for Individuals with Disabilities ing these issues; on his academics, particularly his his- Act of 2006’’. ‘‘(2) preventive health screening programs tory coursework. After earning his SEC. 2. ESTABLISHMENT OF STANDARDS FOR AC- for individuals with disabilities to reduce the bachelor’s degree in 1993, Wood contin- CESSIBLE MEDICAL DIAGNOSTIC incidence of secondary conditions; and ued in his academic pursuits, earning EQUIPMENT. ‘‘(3) athletic, exercise, or sports programs master’s degrees at SUNY–Albany and Title V of the Rehabilitation Act of 1973 (29 that provide individuals with disabilities (in- U.S.C. 791 et seq.) is amended by adding at SUNY–Cortland. cluding children with disabilities) an oppor- the end of the following: tunity to increase their physical activity in Wood’s interest in history continued ‘‘SEC. 510. ESTABLISHMENT OF STANDARDS FOR a dedicated or adaptive recreational environ- after he entered the U.S. Army. As a ACCESSIBLE MEDICAL DIAGNOSTIC ment. captain in the 4th Infantry Division, EQUIPMENT. ‘‘(d) PRIORITIES.— Wood’s responsibilities included lead- ‘‘(a) STANDARDS.—Not later than 9 months ‘‘(1) ADVISORY COMMITTEE.—The Secretary ing a tank unit in Iraq. He told his wife after the date of enactment of the Promoting shall establish a National Advisory Com- that his experience leading troops Wellness for Individuals with Disabilities mittee on Wellness for Individuals With Dis- would someday help him prepare for a Act of 2006, the Architectural and Transpor- abilities that shall set priorities to carry out tation Barriers Compliance Board shall issue this section, review grant proposals, and doctorate in military history. (including publishing) standards setting make recommendations for funding, and an- Captain Wood hoped to teach history forth the minimum technical criteria for nually evaluate the progress of the program and coach football at the U.S. Military medical diagnostic equipment used in (or in under this section in implementing the pri- Academy at West Point, NY. Unfortu- conjunction with) physician’s offices, clinics, orities.

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‘‘(2) REPRESENTATION.—The Advisory Com- ‘‘(7) to plan, develop, and operate a pro- ‘‘(b) AMOUNT OF CREDIT.— mittee established under paragraph (1) shall gram for the training of physicians or den- ‘‘(1) IN GENERAL.—The amount of the credit include representation by the Department of tists, or medical or dental residents, to im- determined under this subsection with re- Health and Human Services Office on Dis- prove competency and clinical skills of phy- spect to any credit allowance date for a ability, the United States Surgeon General sicians and dentists in providing services to, qualified renewable school energy bond is 25 or his designee, the Centers for Disease Con- and communicating with, patients with dis- percent of the annual credit determined with trol and Prevention, private nonprofit orga- abilities, including those with intellectual respect to such bond. nizations that represent the civil rights and disabilities.’’. ‘‘(2) ANNUAL CREDIT.—The annual credit de- interests of individuals with disabilities, and (e) ADVISORY COUNCIL ON GRADUATE MED- termined with respect to any qualified re- individuals with disabilities or their family ICAL EDUCATION.—Section 762(a)(1) of the newable school energy bond is the product members. Public Health Service Act (42 U.S.C. of— ‘‘(e) DISSEMINATION OF INFORMATION.—The 294o(a)(1)) is amended— ‘‘(A) the credit rate determined by the Sec- Secretary shall, in addition to the usual (1) in subparagraph (E), by striking ‘‘; and’’ retary under paragraph (3) for the day on methods of the Secretary, disseminate infor- and inserting a semicolon; which such bond was sold, multiplied by mation about the availability of grants (2) by adding at the end the following: ‘‘(B) the outstanding face amount of the under the Wellness Grant Program for Indi- ‘‘(G) appropriate efforts to be carried out bond. viduals with Disabilities in a manner de- by hospitals, schools of medicine, schools of ‘‘(3) DETERMINATION.—For purposes of para- signed to reach public entities and nonprofit osteopathic medicine, schools of dentistry, graph (2), with respect to any qualified re- private organizations that are dedicated to and accrediting bodies with respect to newable school energy bond, the Secretary providing outreach, advocacy, or inde- changes in undergraduate and graduate med- shall determine daily or cause to be deter- pendent living services to individuals with ical training to improve competency and mined daily a credit rate which shall apply disabilities. clinical skills of physicians in providing to the first day on which there is a binding, ‘‘(f) REPORTS TO CONGRESS.—The Secretary health care services to, and communicating written contract for the sale or exchange of shall, not later than 180 days after the date with, patients with disabilities, including the bond. The credit rate for any day is the of the enactment of the Promoting Wellness those with intellectual disabilities; and’’. credit rate which the Secretary or the Sec- for Individuals with Disabilities Act of 2006, (f) MEDICARE GRADUATE MEDICAL EDU- retary’s designee estimates will permit the and annually thereafter, submit to Congress CATION PROGRAMS.—Section 1886(h) of the So- issuance of qualified renewable school en- a report summarizing activities, findings, cial Security Act (42 U.S.C. 1395ww(h)) is ergy bonds with a specified maturity or re- outcomes, and recommendations resulting amended by adding at the end the following: demption date without discount and without from the grant projects funded under this ‘‘(8) REQUIREMENT TO PROVIDE TRAINING.— interest cost to the qualified issuer. section during the preceding fiscal year. To be eligible to receive a payment under ‘‘(4) CREDIT ALLOWANCE DATE.—For pur- ‘‘(g) AUTHORIZATION OF APPROPRIATIONS.— this subsection, a hospital shall provide poses of this section, the term ‘credit allow- For the purpose of making grants under this training to improve competency and clinical ance date’ means— section, there are authorized to be appro- skills in providing health care to, and com- ‘‘(A) March 15, priated such sums as may be necessary.’’. municating with, patients with disabilities, ‘‘(B) June 15, SEC. 4. IMPROVING EDUCATION AND TRAINING including those with intellectual disabilities, ‘‘(C) September 15, and TO PROVIDE MEDICAL SERVICES TO as part of any approved medical residency ‘‘(D) December 15. INDIVIDUALS WITH DISABILITIES. training program provided by the hospital.’’. Such term also includes the last day on (a) COORDINATED PROGRAM TO IMPROVE PE- (g) EFFECTIVE DATE.—The amendments which the bond is outstanding. DIATRIC ORAL HEALTH.—Section 320A(b) of made by subsections (b), (c), and (f) shall ‘‘(5) SPECIAL RULE FOR ISSUANCE AND RE- the Public Health Service Act (42 U.S.C. take effect 180 days after the date of enact- DEMPTION.—In the case of a bond which is 247d–8(b)) is amended by— ment of this Act. issued during the 3-month period ending on a (1) striking ‘‘, or to increase’’ and inserting credit allowance date, the amount of the ‘‘, to increase’’; and By Mr. REID (for himself, Mr. credit determined under this subsection with (2) striking the period and inserting the ENSIGN, Mr. SALAZAR, Mr. AL- respect to such credit allowance date shall following ‘‘, or to provide training to im- LARD, and Mr. CRAIG): be a ratable portion of the credit otherwise prove competency and clinical skills in pro- S. 3719. A bill to amend the Internal determined based on the portion of the 3- viding oral health services to, and commu- month period during which the bond is out- nicating with, patients with disabilities, in- Revenue Code of 1986 to allow public school districts to receive no interest standing. A similar rule shall apply when the cluding those with intellectual disabilities.’’. bond is redeemed or matures. (b) CHILDREN’S HOSPITALS THAT OPERATE loans for the purchase of renewable en- ‘‘(c) LIMITATION BASED ON AMOUNT OF GRADUATE MEDICAL EDUCATION PROGRAMS.— ergy systems, and for other purposes; TAX.—The credit allowed under subsection Section 340E of the Public Health Service to the Committee on Finance. Act (42 U.S.C. 256e) is amended by adding at (a) for any taxable year shall not exceed the Mr. REID. Mr. President, I ask unan- excess of— the end the following: imous consent that the text of the bill ‘‘(h) REQUIREMENT TO PROVIDE TRAINING.— ‘‘(1) the sum of the regular tax liability (as To be eligible to receive a payment under be printed in the RECORD. defined in section 26(b)) plus the tax imposed this section, a children’s hospital shall pro- There being no objection, the text of by section 55, over vide training to improve competency and the bill was ordered to be printed in ‘‘(2) the sum of the credits allowable under clinical skills in providing health care to, the RECORD, as follows: part IV of subchapter A (other than subpart and communicating with, patients with dis- C thereof, relating to refundable credits, sub- S. 3719 abilities, including those with intellectual part H thereof, section 1400N(l), and this sec- disabilities, as part of any approved graduate Be it enacted by the Senate and House of Rep- tion). medical residency training program provided resentatives of the United States of America in ‘‘(d) QUALIFIED RENEWABLE SCHOOL ENERGY by the hospital.’’. Congress assembled, BOND.—For purposes of this section— (c) CENTERS OF EXCELLENCE.—Section SECTION 1. SHORT TITLE. ‘‘(1) IN GENERAL.—The term ‘renewable 736(b) of the Public Health Service Act (42 This Act may be cited as the ‘‘Renewable school energy bond’ means any bond issued U.S.C. 293(b)) is amended— Schools Energy Act of 2006’’. as part of an issue if— (1) in paragraph (6)(B), by striking ‘‘; and’’ SEC. 2. QUALIFIED RENEWABLE SCHOOL ENERGY ‘‘(A) 95 percent or more of the proceeds of and inserting a semicolon; BONDS. such issue are to be used for a qualified pur- (2) by redesignating paragraph (7) as para- (a) IN GENERAL.—Subchapter U of chapter 1 pose with respect to a qualified school oper- graph (8); and of the Internal Revenue Code of 1986 (relat- ated by an eligible local education agency, (3) by inserting after paragraph (6) the fol- ing to incentives for education zones) is ‘‘(B) the bond is issued by a State or local lowing: amended by redesignating section 1397F as government of an eligible State within the ‘‘(7) to carry out a program to improve section 1397G and by adding at the end of jurisdiction of which such school is located, competency and clinical skills of students in part IV of such subchapter the following new ‘‘(C) the issuer— providing health services to, and commu- section: ‘‘(i) designates such bond for purposes of nicating with, patients with disabilities, in- ‘‘SEC. 1397F. QUALIFIED RENEWABLE SCHOOL this section, and cluding those with intellectual disabilities; ENERGY BONDS. ‘‘(ii) certifies that it has the written ap- and’’. ‘‘(a) ALLOWANCE OF CREDIT.—If a taxpayer proval of the eligible local education agency (d) FAMILY MEDICINE, GENERAL INTERNAL holds a qualified renewable school energy for such bond issuance, and MEDICINE, GENERAL PEDIATRICS, GENERAL bond on 1 or more credit allowance dates of ‘‘(D) the term of each bond which is part of DENTISTRY, PEDIATRIC DENTISTRY, AND PHY- the bond occurring during any taxable year, such issue is 20 years. SICIAN ASSISTANTS.—Section 747(a)(6) of the there shall be allowed as a credit against the ‘‘(2) QUALIFIED SCHOOL.—The term ‘quali- Public Health Service Act (42 U.S.C. tax imposed by this chapter for the taxable fied school’ means any public school or pub- 293k(a)(6)) is amended by striking ‘‘pediatric year an amount equal to the sum of the cred- lic school system administrative building dentistry.’’ and inserting the following: ‘‘pe- its determined under subsection (b) with re- which is owned by or operated by an eligible diatric dentistry; and spect to such dates. local education agency.

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‘‘(3) ELIGIBLE LOCAL EDUCATION AGENCY.— and the entitlement to the credit under this Whereas the faculty in the Department of The term ‘eligible local education agency’ section with respect to such bond. In case of Agronomy have distinguished themselves by means any local educational agency as de- any such separation, the credit under this receiving numerous university and national fined in section 9101 of the Elementary and section shall be allowed to the person which, awards in teaching, research, and extension Secondary Education Act of 1965. on the credit allowance date, holds the in- and provided service and leadership for na- ‘‘(4) ELIGIBLE STATE.—The term ‘eligible strument evidencing the entitlement to the tional and international professional soci- State’ means, with respect to any calendar credit and not to the holder of the bond. eties; year)— ‘‘(2) CERTAIN RULES TO APPLY.—In the case Whereas the faculty in the Department of ‘‘(A) one of the five States with the great- of a separation described in paragraph (1), Agronomy have conducted research for sus- est percentage population growth for the the rules of section 1286 shall apply to the tainable, efficient crop and range production most recent preceding year for which data is qualified renewable school energy bond as if systems that conserve natural resources and available as determined by the Bureau of the it were a stripped bond and to the credit protect environmental quality; Census, and under this section as if it were a stripped Whereas, today, a majority of the acres of ‘‘(B) the State with a total percentage pop- coupon. wheat and a significant number of acres of ulation growth greater than 9 percent but ‘‘(i) CREDIT TREATED AS NONREFUNDABLE alfalfa, soybean, and canola in Kansas are less than 13.9 percent and a total population BONDHOLDER CREDIT.—For purposes of this planted with varieties developed in the De- under the age of 19 of less than 300,000 as de- title, the credit allowed by this section shall partment of Agronomy; termined under the 2000 Census. be treated as a credit allowable under sub- Whereas the Department of Agronomy ex- ‘‘(5) QUALIFIED PURPOSE.—The term ‘quali- part H of part IV of subchapter A of this tension specialists have provided informa- fied purpose’ means, with respect to any chapter. tion to producers and industry regarding soil qualified school, the purchase and installa- ‘‘(j) SPECIAL RULES.—For purposes of this fertility, conservation of soil and water re- tion of renewable energy products. section, rules similar to the rules under sources, tillage and production systems, ‘‘(e) LIMITATION ON AMOUNT OF BONDS DES- paragraphs (3) and (4) of section 54(l) shall evaluation of crop varieties and hybrids, and IGNATED.— apply.’’. protection of the environment, thus, keeping ‘‘(1) NATIONAL LIMITATION.—There is a na- (b) CONFORMING AMENDMENTS.—The table Kansas agriculture efficient and competi- tional renewable school energy bond limita- of sections for part V of such subchapter is tive; tion for each calendar year. Such limitation amended by redesignating section 1397F as Whereas the Department of Agronomy fac- is $50,000,000 for 2007, $100,000,000 for 2008, section 1397G and by adding at the end of the ulty have prepared students in agronomy to $150,000,000 for 2009, and, except as provided table of sections for part IV of such sub- effectively serve agriculture and society by in paragraph (4), zero thereafter. chapter the following new item: feeding the world and protecting soil and ‘‘(2) ALLOCATION OF LIMITATION.—The na- ‘‘Sec. 1397F. Credit for holders of qualified water resources; tional renewable school energy bond limita- renewable school energy Whereas the alumni of the Department of tion for a calendar year shall be allocated by bonds.’’. Agronomy have distinguished themselves in the Secretary— the public and private sectors as crop, soil, (c) EFFECTIVE DATE.—The amendments ‘‘(A) among the eligible States described in range, and weed science professionals and made by this section shall apply to bonds subsection (d)(4)(A), 30 percent to the State have become farmers, extension agents, edu- issued after December 31, 2006. with the greatest percentage population cators, administrators, consultants, rep- growth, 20 percent to each of second and f resentatives, scientists, missionaries, mili- third ranked States, and 10 percent to each tary officers, contractors, and a host of other of the fourth and fifth ranked States, and SUBMITTED RESOLUTIONS professionals; and ‘‘(B) to the State described in subsection Whereas many alumni of the Department (d)(4)(B), 10 percent. of Agronomy have become leaders in their The limitation amount allocated to an eligi- SENATE RESOLUTION 539—CON- communities, academia, industry, and gov- ble State under the preceding sentence shall GRATULATING THE DEPART- ernment, contributing significantly to world be allocated by the State education agency MENT OF AGRONOMY IN THE agriculture by making hybrid corn a reality, to qualified schools within such State. COLLEGE OF AGRICULTURE AT developing seeds for the Green Revolution, ‘‘(3) DESIGNATION SUBJECT TO LIMITATION KANSAS STATE UNIVERSITY FOR developing sorghum into an important crop, breeding ‘‘Miracle Rice’’ for Asia, and lead- AMOUNT.—The maximum aggregate face 100 YEARS OF EXCELLENT SERV- amount of bonds issued during any calendar ing national programs in wheat, barley, oat, year which may be designated under sub- ICE TO KANSAS AGRICULTURE and alfalfa: Now, therefore, be it section (d)(1) with respect to any qualified Mr. BROWNBACK (for himself and Resolved, That the Senate congratulates school shall not exceed the limitation Mr. ROBERTS) submitted the following and commends the Department of Agronomy amount allocated to such school under para- resolution; which was referred to the in the College of Agriculture at Kansas State University for 100 years of excellent service graph (2) for such calendar year. Committee on Agriculture, Nutrition, ‘‘(4) CARRYOVER OF UNUSED LIMITATION.—If to Kansas agriculture, the citizens of Kan- for any calendar year— and Forestry: sas, the United States, and the world. ‘‘(A) the limitation amount for any eligible S. RES. 539 f State, exceeds Whereas, in 2006, the Department of Agron- ‘‘(B) the amount of bonds issued during omy in the College of Agriculture at Kansas SENATE RESOLUTION 540—ENCOUR- such year which are designated under sub- State University in Manhattan, Kansas, cele- AGING ALL 50 STATES TO REC- section (d)(1) with respect to qualified brates its centennial year; OGNIZE AND ACCOMMODATE THE schools within such State, Whereas Kansas State Agricultural College RELEASE OF PUBLIC SCHOOL the limitation amount for such State for the was established under the Morrill Act as the PUPILS FROM SCHOOL ATTEND- following calendar year shall be increased by first land-grant college in the United States ANCE TO ATTEND OFF-CAMPUS the amount of such excess. Any carryforward in 1863 and, in July 1906, the Kansas Board of RELIGIOUS CLASSES AT THEIR of a limitation amount may be carried only Regents established the Department of CHURCHES, SYNAGOGUES, Agronomy in the College of Agriculture at to the first 2 years following the unused lim- HOUSES OF WORSHIP, AND itation year. For purposes of the preceding the Kansas State Agricultural College; sentence, a limitation amount shall be treat- Whereas, since its inception, the Depart- FAITH-BASED ORGANIZATIONS ed as used on a first-in first-out basis. ment of Agronomy has exemplified the land- Mr. DEMINT submitted the following ‘‘(f) OTHER DEFINITIONS.—For purposes of grant mission by providing statewide leader- resolution; which was referred to the this section— ship in teaching, research, and extension Committee on the Judiciary. ‘‘(1) BOND.—The term ‘bond’ includes any programs in crop breeding, crop production, obligation. range science, soil science, and weed science; S. RES. 540 ‘‘(2) STATE.—The term ‘State’ includes the Whereas advances in sciences studied at Whereas the free exercise of religion is an District of Columbia and any possession of the Department of Agronomy have had a inherent, fundamental, and inalienable right the United States. major impact in insuring the profitability of secured by the 1st amendment to the Con- ‘‘(g) CREDIT INCLUDED IN GROSS INCOME.— Kansas agriculture while sustaining the nat- stitution of the United States; Gross income includes the amount of the ural resources and improving the livelihood Whereas the free exercise of religion is im- credit allowed to the taxpayer under this of all Kansans; portant to the intellectual, moral, civic, and section (determined without regard to sub- Whereas the faculty in the Department of ethical development of students in the section (c)). Agronomy also have made significant inter- United States; ‘‘(h) CREDITS MAY BE STRIPPED.—Under national contributions to world food produc- Whereas the free exercise of religion must regulations prescribed by the Secretary— tion and natural resources sustainability, in- be conducted in a constitutionally appro- ‘‘(1) IN GENERAL.—There may be a separa- cluding participation and leadership in long- priate manner; tion (including at issuance) of the ownership term projects in India, the Philippines, Nige- Whereas, in Zorach v. Clauson, 343 U.S. 306 of a qualified renewable school energy bond ria, Morocco, and Botswana; (1952), the United States Supreme Court held

VerDate Aug 31 2005 05:29 Dec 27, 2006 Jkt 059060 PO 00000 Frm 00020 Fmt 4624 Sfmt 0634 E:\RECORDCX\T37X$J0E\S24JY6.REC S24JY6 mmaher on PROD1PC69 with CONG-REC-ONLINE July 24, 2006 CONGRESSIONAL RECORD — SENATE S8133 that a statute that provides for the release SEC. ll. TEEN PREGNANCY PREVENTION. (E) develop and practice healthy life skills of public school pupils from school attend- (a) EDUCATION PROGRAM FOR PREVENTING including goal-setting, decisionmaking, ne- ance to attend religious classes is constitu- TEEN PREGNANCIES, AND OTHER ACTIVITIES.— gotiation, communication, and stress man- tional if— (1) IN GENERAL.—The Secretary of Health agement; (1) the programs take place away from and Human Services (referred to in this sec- (F) promote self-esteem and positive inter- school grounds; tion as the ‘‘Secretary’’) may make grants to personal skills focusing on relationship dy- (2) school officials do not promote attend- States, local educational agencies, State and namics, including friendships, dating, ro- ance at religious classes; and local public health agencies, and nonprofit mantic involvement, marriage, and family private entities for the purpose of carrying (3) the solicitation of students to attend is interactions; and out programs of family life education, in- not done at the expense of public schools; (G) prepare for the adult world by focusing and cluding education on both abstinence and contraception for the prevention of teen on educational and career success, including Whereas the Constitution of the United developing skills for employment prepara- States and the laws of the States allow the pregnancy and sexually transmitted disease, and education to support healthy adolescent tion, job seeking, independent living, finan- school districts of the States to release pub- cial self-sufficiency, and workplace produc- lic school pupils from school attendance to development. tivity. attend religious classes: Now, therefore, be it (2) PREFERENCE IN MAKING GRANTS.—In making grants under paragraph (1), the Sec- (5) EVALUATION OF PROGRAMS.—The Sec- Resolved, That the Senate— retary shall give preference to applicants retary shall establish criteria for the evalua- (1) calls on all 50 States to recognize and that will carry out the programs under such tion of programs under paragraph (1). A accommodate those churches, faith-based or- paragraph in communities for which the rate ganizations, and individuals that wish to re- grant may be made under such paragraph of teen pregnancy is significantly above the lease public school pupils from school at- only if the applicant involved— average rate in the United States of such tendance to attend religious classes; and (A) agrees to conduct evaluations of the pregnancies. (2) respectfully requests the President of program in accordance with such criteria; (3) CERTAIN REQUIREMENTS.—A grant may the United States to proclaim the third week (B) agrees to submit to the Secretary such be made under paragraph (1) only if the ap- reports describing the results of the evalua- of November 2006 as ‘‘Bible Education in plicant for the grant meets the following tions as the Secretary determines to be ap- School Time Week’’. conditions with respect to the program in- propriate; and f volved: (A) The applicant agrees that information (C) submits to the Secretary, in the appli- AMENDMENTS SUBMITTED AND provided by the program on pregnancy pre- cation under paragraph (6), a plan for con- PROPOSED vention will be age-appropriate, factually ducting the evaluations. and medically accurate and complete, and (6) APPLICATION FOR GRANT.—A grant may SA 4689. Mr. LAUTENBERG (for himself, scientifically-based. be made under paragraph (1) only if an appli- Mr. MENENDEZ, Mrs. CLINTON, and Mr. SCHU- (B) The applicant agrees the program cation for the grant is submitted to the Sec- MER) submitted an amendment intended to will— retary and the application is in such form, is be proposed by him to the bill S. 403, to (i) not teach or promote religion; made in such manner, and contains such amend title 18, United States Code, to pro- (ii) teach that abstinence is the only sure agreements, assurances, and information, in- hibit taking minors across State lines in cir- way to avoid pregnancy or sexually trans- cluding the agreements under paragraphs (3) cumvention of laws requiring the involve- mitted diseases; and (5) and the plan under paragraph (5)(C), ment of parents in abortion decisions; which (iii) stress the value of abstinence while as the Secretary determines to be necessary was ordered to lie on the table. not ignoring those teens who have had or are to carry out this subsection. SA 4690. Mr. NELSON (of Florida) sub- having sexual intercourse, or teens at risk of (7) REPORT TO CONGRESS.—Not later than mitted an amendment intended to be pro- becoming sexually active; October 1, 2011, the Secretary shall submit to posed by him to the bill S. 3711, to enhance (iv) provide information about the health Congress a report describing the extent to energy independence and security of the benefits and side effects of all contraceptives United States by providing for exploration, and barrier methods as a means to prevent which programs under paragraph (1) have development, and production activities for pregnancy; been successful in reducing the rate of teen mineral resources in the Gulf of Mexico, and (v) provide information about the health pregnancies in the communities in which the for other purposes. benefits and side effects of all contraceptives programs have been carried out. and barrier methods as a means to reduce (8) DEFINITIONS.—In this subsection: f the risk of contracting sexually transmitted (A) AGE-APPROPRIATE.—The term ‘‘age-ap- TEXT OF AMENDMENTS diseases, including HIV/AIDS; propriate’’, with respect to information on (vi) encourage family communication pregnancy prevention, means topics, mes- SA 4688. Mr. LUGAR submitted an about sexuality between parent and child; sages, and teaching methods suitable to par- amendment intended to be proposed by (vii) teach teens the skills to make respon- ticular ages or age groups of children and him to the bill S. 1950, to promote glob- sible decisions about sexuality, including adolescents, based on developing cognitive, al energy security through increased how to avoid unwanted verbal, physical, and emotional, and behavioral capacity typical cooperation between the United States sexual advances and how not to make un- for the age or age group. wanted verbal, physical, and sexual ad- (B) FACTUALLY AND MEDICALLY ACCURATE and India in diversifying sources of en- vances; AND COMPLETE.—The term ‘‘factually and ergy, stimulating development of alter- (viii) teach teens how alcohol and drug use medically accurate and complete’’ means native fuels, developing and deploying can affect responsible decisionmaking; and verified or supported by the weight of re- technologies that promote the clean (ix) educate both young men and women about the responsibilities and pressures that search conducted in compliance with accept- and efficient use of coal, and improving ed scientific methods and— energy efficiency; which was ordered to come along with parenting. (4) ADDITIONAL ACTIVITIES.—In carrying out (i) published in peer-reviewed journals, lie on the table; as follows: a program of family life education under where applicable; or On page 5, line 23, strike ‘‘energy efficiency paragraph (1), a State, agency, or entity may (ii) comprising information that leading projects’’ and insert ‘‘energy efficiency and carry out educational and motivational ac- professional organizations and agencies with renewable energy projects and tech- tivities that help teens— relevant expertise in the field recognize as nologies’’. (A) gain knowledge about the physical, accurate, objective, and complete. emotional, biological, and hormonal changes (C) HIV/AIDS.—The term ‘‘HIV/AIDS’’ SA 4689. Mr. LAUTENBERG (for him- of adolescence and subsequent stages of means the human immunodeficiency virus, self, Mr. MENENDEZ, Mrs. CLINTON, and human maturation; and includes acquired immune deficiency (B) develop the knowledge and skills nec- Mr. SCHUMER) submitted an amend- syndrome. essary to ensure and protect their sexual and (D) LOCAL EDUCATIONAL AGENCY.—The term ment intended to be proposed by him reproductive health from unintended preg- to the bill S. 403, to amend title 18, ‘‘local educational agency’’ has the meaning nancy and sexually transmitted disease, in- given such term in section 9101 of the Ele- United States Code, to prohibit taking cluding HIV/AIDS, throughout their lifespan; mentary and Secondary Education Act of (C) gain knowledge about the specific in- minors across State lines in cir- 1965 (20 U.S.C. 7801). volvement of and male responsibility in sex- cumvention of laws requiring the in- (9) AUTHORIZATION OF APPROPRIATIONS.— volvement of parents in abortion deci- ual decisionmaking; (D) develop healthy attitudes and values For the purpose of carrying out this sub- sions; which was ordered to lie on the about adolescent growth and development, section, there is authorized to be appro- table; as follows: body image, gender roles, racial and ethnic priated for each of the fiscal years 2007 At the end, insert the following: diversity, and other subjects; through 2011, an amount equal to the total

VerDate Aug 31 2005 05:29 Dec 27, 2006 Jkt 059060 PO 00000 Frm 00021 Fmt 4624 Sfmt 0634 E:\RECORDCX\T37X$J0E\S24JY6.REC S24JY6 mmaher on PROD1PC69 with CONG-REC-ONLINE S8134 CONGRESSIONAL RECORD — SENATE July 24, 2006 amount appropriated for that fiscal year to determining the amount of such non-Federal law enforcement. Hearings held in 2001 carry out programs of abstinence education contributions. examined the historic and ongoing lack under— (4) EVALUATION OF PROJECTS.—The Sec- of cooperation by some offshore tax ha- (A) section 510 of the Social Security Act retary shall establish criteria for the evalua- vens with international tax enforce- (42 U.S.C. 710); tion of projects under paragraph (1). A grant (B) title XX of the Public Health Service may be made under such paragraph only if ment efforts and their resistance to di- Act (42 U.S.C. 300z et seq.); and the applicant involved— vulging information needed to detect, (C) section 501(a)(2) of the Social Security (A) agrees to conduct evaluations of the stop, and prosecute U.S. tax evasion. A Act (42 U.S.C. 701(a)(2)). project in accordance with such criteria; hearing held in December 2002 and re- (b) REAUTHORIZATION OF CERTAIN AFTER- (B) agrees to submit to the Secretary such port issued in January 2003 provided an SCHOOL PROGRAMS.— reports describing the results of the evalua- in-depth examination of an abusive tax (1) 21ST CENTURY COMMUNITY LEARNING CEN- tions as the Secretary determines to be ap- shelter used by Enron. Two days of TERS.—Section 4206 of the Elementary and propriate; and Secondary Education Act of 1965 (20 U.S.C. hearings in November 2003, and a bipar- (C) submits to the Secretary, in the appli- tisan report issued in 2005, provide an 7176) is amended— cation under paragraph (5), a plan for con- (A) in paragraph (5), by striking ducting the evaluations. inside look at how some respected ac- ‘‘$2,250,000,000’’ and inserting ‘‘$2,500,000,000’’; (5) APPLICATION FOR GRANT.—A grant may counting firms, banks, investment ad- and be made under paragraph (1) only if an appli- visors, and lawyers have become en- (B) in paragraph (6), by striking cation for the grant is submitted to the Sec- gines pushing the design, sale, and im- ‘‘$2,500,000,000’’ and inserting ‘‘$2,750,000,000’’. retary and the application is in such form, is plementation of abusive tax shelters to (2) CAROL M. WHITE PHYSICAL EDUCATION made in such manner, and contains such corporations and individuals across the PROGRAM.—Section 5401 of the Elementary agreements, assurances, and information, in- and Secondary Education Act of 1965 (20 country. cluding the agreements under paragraphs (3) The subcommittee’s upcoming Au- U.S.C. 7241) is amended— and (4) and the plan under paragraph (4)(C), (A) by striking ‘‘There are’’ and inserting as the Secretary determines to be necessary gust 1 hearings will present case his- ‘‘(a) IN GENERAL.—There are’’; and to carry out this subsection. tories on the use of offshore trusts and (B) by adding at the end the following: (6) REPORT TO CONGRESS.—Not later than corporations to circumvent U.S. tax, ‘‘(c) PHYSICAL EDUCATION.—In addition to October 1, 2011, the Secretary shall submit to securities and anti-money laundering the amounts authorized to be appropriated Congress a report describing the extent to by subsection (a), there are authorized to be laws. Witnesses for the upcoming hear- appropriated $73,000,000 for each of fiscal which projects under paragraph (1) have been ing will be securities firms, banks, law years 2007 and 2008 to carry out subpart 10.’’. successful in reducing the rate of teen preg- firms, U.S. taxpayers, a trust pro- nancies in the communities in which the (3) FEDERAL TRIO PROGRAMS.—Section tector, and tax and securities experts. 402A(f) of the Higher Education Act of 1965 projects have been carried out. Such reports The subcommittee hearing is sched- shall describe the various approaches used (20 U.S.C. 1070a–11(f)) is amended by striking uled for Tuesday, August 1, 2006, at 9 ‘‘$700,000,000 for fiscal year 1999, and such under paragraph (1) and the effectiveness of each of the approaches. a.m. in room 342 of the Dirksen Senate sums as may be necessary for each of the 4 Office Building. For further informa- succeeding fiscal years’’ and inserting (7) AUTHORIZATION OF APPROPRIATIONS.— ‘‘$883,000,000 for fiscal year 2007 and such For the purpose of carrying out this sub- tion, please contact Raymond V. Shep- sums as may be necessary for each of the 5 section, there is authorized to be appro- herd III, staff director and chief coun- succeeding fiscal years’’. priated $5,000,000 for each of the fiscal years sel to the Permanent Subcommittee on (4) GEARUP.—Section 404H of the Higher 2007 through 2011. Investigations, at 224–3721. Education Act of 1965 (20 U.S.C. 1070a–28) is SA 4690. Mr. DOMENICI (for himself, f amended by striking ‘‘$200,000,000 for fiscal year 1999 and such sums as may be necessary Mr. COCHRAN, Mr. FRIST, Ms. LANDRIEU, ENHANCING ENERGY INDEPEND- for each of the 4 succeeding fiscal years’’ and Mr. MARTINEZ, Mr. SESSIONS, Mr. ENCE AND SECURITY OF THE inserting ‘‘$325,000,000 for fiscal year 2007 and VITTER, Mr. CORNYN, Mrs. HUTCHISON, UNITED STATES—MOTION TO such sums as may be necessary for each of Mr. LOTT, Mr. MCCONNELL, and Mr. PROCEED the 5 succeeding fiscal years’’. SHELBY) submitted an amendment in- (c) DEMONSTRATION GRANTS TO ENCOURAGE CLOTURE MOTION tended to be proposed by him to the Mr. FRIST. Mr. President, I was pre- CREATIVE APPROACHES TO TEEN PREGNANCY bill S. 3711, to enhance energy inde- PREVENTION AND AFTER-SCHOOL PROGRAMS.— pared to ask unanimous consent that it pendence and security of the United (1) IN GENERAL.—The Secretary may make be in order to proceed to Calendar No. grants to public or nonprofit private entities States; which was ordered to lie on the 529, S. 3711, the energy security legisla- for the purpose of assisting the entities in table; as follows: tion, but I understand there will be an demonstrating innovative approaches to pre- At the end, add the following: objection. Therefore, I now move to vent teen pregnancies. SEC. 6. SENSE OF THE SENATE REGARDING AP- proceed to S. 3711, and I send a cloture (2) CERTAIN APPROACHES.—Approaches POINTMENT OF CONFEREES BY THE under paragraph (1) may include the fol- SENATE AND AMENDMENT BY THE motion to the desk. lowing: HOUSE OF REPRESENTATIVES. The PRESIDING OFFICER. The (A) Encouraging teen-driven approaches to It is the sense of the Senate that— clerk will report the motion. pregnancy prevention. (1) the Senate should not appoint conferees The assistant legislative clerk read (B) Exposing teens to realistic simulations to conference with the House of Representa- as follows: tives with respect to this Act; and of the physical, emotional, and financial toll CLOTURE MOTION of pregnancy and parenting. (2) the House of Representatives should enact this Act without amendment. We, the undersigned Senators, in accord- (C) Facilitating communication between ance with the provisions of rule XXII of the parents and children, especially programs f Standing Rules of the Senate, do hereby that have been evaluated and proven effec- NOTICE OF HEARING move to bring to a close debate on the mo- tive. tion to proceed to Calendar No. 529, S. 3711, (3) MATCHING FUNDS.— PERMANENT SUBCOMMITTEE ON INVESTIGATIONS a bill to enhance the energy independence (A) IN GENERAL.—With respect to the costs Mr. COLEMAN. Mr. President, I and security of the United States by pro- of the project to be carried out under para- would like to announce for the infor- viding for exploration, development, and pro- graph (1) by an applicant, a grant may be mation of the Senate and the public duction activities for mineral resources in made under such paragraph only if the appli- that the Permanent Subcommittee on the Gulf of Mexico, and for other purposes. cant agrees to make available (directly or Bill Frist, Pete V. Domenici, Richard G. through donations from public or private en- Investigations of the Committee on Homeland Security and Governmental Lugar, Mitch McConnell, Kay Bailey tities) non-Federal contributions toward Hutchison, Jim Bunning, Trent Lott, such costs in an amount that is not less than Affairs will hold a hearing entitled Christopher S. Bond, Tom Coburn, 25 percent of such costs ($1 for each $3 of ‘‘Offshore Abuses: The Enablers, The Wayne Allard, David Vitter, Mel Mar- Federal funds provided in the grant). Tools & Offshore Secrecy.’’ tinez, Thad Cochran, Jim DeMint, John (B) DETERMINATION OF AMOUNT CONTRIB- The Subcommittee has held a num- Cornyn, Lindsey Graham, Jeff Ses- UTED.—Non-Federal contributions required ber of hearings addressing the issue of sions. in subparagraph (A) may be in cash or in tax havens and offshore abuses which kind, fairly evaluated, including plant, Mr. FRIST. Mr. President, I ask equipment, or services. Amounts provided by are undermining the integrity of the unanimous consent that the live the Federal Government, or services assisted Federal tax system, diverting tens of quorum be waived. or subsidized to any significant extent by the billions of dollars each year from the The PRESIDING OFFICER. Without Federal Government, may not be included in U.S. Treasury, and undermining U.S. objection, it is so ordered.

VerDate Aug 31 2005 05:29 Dec 27, 2006 Jkt 059060 PO 00000 Frm 00022 Fmt 4624 Sfmt 0634 E:\RECORDCX\T37X$J0E\S24JY6.REC S24JY6 mmaher on PROD1PC69 with CONG-REC-ONLINE July 24, 2006 CONGRESSIONAL RECORD — SENATE S8135 Mr. FRIST. Mr. President, I now The assistant legislative clerk read and of exploring partnerships that encourage withdraw the motion to proceed. as follows: more efficient use of hydrocarbon resources. (5) India provides a market for United The PRESIDING OFFICER. The mo- A bill (S. 1950) to promote global energy se- States technologies that promote the clean curity through increased cooperation be- tion is withdrawn. and efficient use of energy. tween the United States and India in diversi- f (6) India has announced plans to develop a fying sources of energy, stimulating develop- 5,000,000 ton strategic crude oil reserve, COSPONSORS OF S. 3709 ment of alternative fuels, developing and de- which is expected to be completed by 2009. ploying technologies that promote the clean Mr. FRIST. Mr. President, par- (7) United States energy experts have em- and efficient use of coal, and improving en- phasized the need for the United States to liamentary inquiry: Last week the For- ergy efficiency. eign Relations Committee reported an increase collaboration with other countries— There being no objection, the Senate original bill, S. 3709, which deals with (A) to develop and deploy energy tech- proceeded to consider the bill which nologies that will not be pursued absent the export of nuclear materials to had been reported from the Committee greater Federal support; India. When the committee reported on Foreign Relations, with amend- (B) to increase investment in cooperative out the bill, 17 Senators asked to be ments, as follows: international energy research; and original cosponsors of this important (The part intended to be stricken is (C) to expand the global network of stra- tegic petroleum reserves. legislation. It is my understanding shown in boldface brackets, and the that because this is an original bill, it SEC. 3. STATEMENT OF POLICY. part intended to be inserted is shown in It is the policy of the United States— would not be in order to include those italic.) Senators as cosponsors now; is that (1) to cooperate with India to address com- S. 1950 mon energy challenges, to ensure future correct? Be it enacted by the Senate and House of Rep- global energy security, and to increase the The PRESIDING OFFICER. The ma- resentatives of the United States of America in world-wide availability of clean energy; jority leader is correct. Congress assembled, (2) to promote dialogue and increased un- Mr. FRIST. Mr. President, I ask SECTION 1. SHORT TITLE. derstanding between the United States and unanimous consent that a list of those This Act may be cited as the ‘‘United India on our respective national energy poli- who wish to be listed as cosponsors be States-India Energy Security Cooperation cies and strategies as an integral part of the printed in the RECORD at this time. Act of ø2005¿ 2006’’. expanding strategic partnership between the There being no objection, the mate- SEC. 2. FINDINGS. two countries; and Congress makes the following findings: (3) to collaborate with India in energy re- rial was ordered to be printed in the search that fosters market-based approaches RECORD, as follows: (1) The December 2004 National Intel- ligence Council report entitled ‘‘Mapping the to energy security and offers the promise of Cosponsors: Lugar, Biden, Hagel, Chafee, Global Future in 2020’’ states that the single technological breakthroughs that reduce oil Allen, Coleman, Voinovich, Alexander, most important factor affecting the demand dependency globally. Sununu, Murkowski, Martinez, Dodd, Kerry, for energy will be global economic growth, SEC. 4. ASSISTANCE TO SUPPORT ENERGY CO- Nelson, Obama, Cornyn, Bayh. especially that of China and India. It is esti- OPERATION. f mated that the current economic growth (a) AUTHORIZATION.—The President is au- thorized to establish programs in support of rate in India is approximately 7 percent of CLARIFYING TREATMENT OF greater energy cooperation between the gross domestic product. India will need to United States and India. SELF-EMPLOYMENT double its energy consumption within the (b) ACTIVITIES.—Assistance may be pro- Mr. FRIST. Mr. President, I ask next 15 years to maintain steady rates of vided under this section for cooperation re- unanimous consent that the Com- economic growth. lated to— mittee on Finance be discharged from (2) The United States and India launched (1) research, development, and deployment further consideration of H.R. 4019, and an energy dialogue on May 31, 2005, aimed at of clean coal and emission reduction tech- building upon a broad range of existing en- nologies and carbon sequestration projects; the Senate proceed to its immediate ergy cooperation and developing new ave- consideration. (2) research, development, and deployment nues of collaboration on energy. These ef- of alternative fuel sources, such as ethanol, The PRESIDING OFFICER. Without forts will promote increased trade and in- bio-mass, and coal-based fuelsø, and hydro- objection, it is so ordered. The clerk vestment in the energy sector by utilizing gen¿; will report the bill by title. resources in the public and private sectors, (3) research, development, and deployment The assistant legislative clerk read focusing on oil and gas, power and energy ef- of energy efficiency projects; as follows: ficiency, new technologies and renewable en- (4) research related to commercially avail- ergy, coal and clean coal technology, and A bill (H.R. 4019) to amend title 4 of the able technologies that promote the clean and civil nuclear cooperation. In his testimony efficient use of energy in India; and United States Code to clarify the treatment before the Committee on Foreign Relations of self-employment for purposes of the limi- (5) technical assistance in support of the of the Senate on July 26, 2005, Under Sec- development by the Government of India of a tation on State taxation of retirement in- retary of Energy David Garman said, ‘‘The come. strategic oil reserve to allow India to cope United States and India recognize their mu- with short-term disruptions to global oil There being no objection, the Senate tual interests are best served by working to- supplies without causing shocks to India’s proceeded to consider the bill. gether in a collaborative fashion to ensure market or the global market. stability in global energy markets.’’. Mr. FRIST. Mr. President, I ask SEC. 5. REPORT ON ENERGY COOPERATION. (3) As the sixth largest energy consumer in unanimous consent that the bill be (a) IN GENERAL.—Not later than 180 days read a third time and passed, the mo- the world, India satisfies 70 percent of its oil after the date of the enactment of this Act, demand with imports and has embarked on the Secretary of State shall, in coordination tion to reconsider be laid upon the an aggressive oil and gas exploration pro- table, and that any statement relating with the Secretary of Energy, submit to the gram. The largest discovery of natural gas in Committee on Foreign Relations and the to the measure be printed in the the world in 2002 occurred in India. In 2003, Committee on Energy and Natural Resources RECORD. the largest discovery of oil in the world oc- of the Senate and the Committee on Energy The PRESIDING OFFICER. Without curred in the state of Rajasthan in India. Ex- and Commerce and the Committee on Inter- objection, it is so ordered. ternal funding and investment in the oil and national Relations of the House of Rep- The bill (H.R. 4019) was ordered to a gas industry in India is necessary to maxi- resentatives a report on energy security co- third reading, was read the third time, mize recovery from oil fields, but an im- operation between the United States and proved investment environment in India is India. and passed. needed to attract such investment. (b) CONTENT.—The report required under f (4) India is the world’s third largest pro- subsection (a) shall describe— ducer of coal and will continue to rely on (1) the ways in which the United States UNITED STATES-INDIA ENERGY coal as a major energy source to support ex- and India have cooperated on energy re- SECURITY COOPERATION ACT OF panding industrial and electric power gen- search and development activities; 2005 eration needs. However, many of India’s (2) joint projects that have been initiated Mr. FRIST. Mr. President, I ask coal-fired plants are inefficient and lack ade- using assistance authorized under section 4, unanimous consent that the Senate quate pollution control equipment. In his ad- and the contribution such assistance has dress to a joint session of the United States made to improving global energy security; proceed to the immediate consider- Congress on July 19, 2005, Prime Minister of and ation of Calendar No. 454, S. 1950. India Manmohan Singh noted the impor- (3) plans for future energy cooperation and The PRESIDING OFFICER. The tance of allowing greater access for devel- joint projects between the United States and clerk will report the bill by title. oping countries to clean coal technologies India.

VerDate Aug 31 2005 05:29 Dec 27, 2006 Jkt 059060 PO 00000 Frm 00023 Fmt 4624 Sfmt 0634 E:\RECORDCX\T37X$J0E\S24JY6.REC S24JY6 mmaher on PROD1PC69 with CONG-REC-ONLINE S8136 CONGRESSIONAL RECORD — SENATE July 24, 2006 Mr. FRIST. Mr. President, I ask coal as a major energy source to support ex- operation between the United States and unanimous consent that the com- panding industrial and electric power gen- India. mittee-reported amendments be agreed eration needs. However, many of India’s (b) CONTENT.—The report required under to, the Lugar amendment at the desk coal-fired plants are inefficient and lack ade- subsection (a) shall describe— quate pollution control equipment. In his ad- (1) the ways in which the United States be agreed to, the bill, as amended, be dress to a joint session of the United States and India have cooperated on energy re- read a third time and passed, the mo- Congress on July 19, 2005, Prime Minister of search and development activities; tion to consider be laid upon the table, India Manmohan Singh noted the impor- (2) joint projects that have been initiated and that any statements relating to tance of allowing greater access for devel- using assistance authorized under section 4, the bill be printed in the RECORD. oping countries to clean coal technologies and the contribution such assistance has The PRESIDING OFFICER. Without and of exploring partnerships that encourage made to improving global energy security; objection, it is so ordered. more efficient use of hydrocarbon resources. and The committee amendments were (5) India provides a market for United (3) plans for future energy cooperation and agreed to. States technologies that promote the clean joint projects between the United States and The amendment (No. 4688) was agreed and efficient use of energy. India. (6) India has announced plans to develop a to, as follows: 5,000,000 ton strategic crude oil reserve, f (Purpose: To authorize assistance for which is expected to be completed by 2009. renewable energy projects) (7) United States energy experts have em- ORDERS FOR TUESDAY, JULY 25, On page 5, line 23, strike ‘‘energy efficiency phasized the need for the United States to 2006 projects’’ and insert ‘‘energy efficiency and increase collaboration with other countries— Mr. FRIST. I ask unanimous consent renewable energy projects and tech- (A) to develop and deploy energy tech- nologies’’. nologies that will not be pursued absent that when the Senate completes its The bill (S. 1950) was ordered to be greater Federal support; business today, it stand in adjourn- engrossed for a third reading, was read (B) to increase investment in cooperative ment until 9:45 a.m. on Tuesday, July the third time, and passed, as follows: international energy research; and 25. I further ask that following the (C) to expand the global network of stra- S. 1950 prayer and pledge, the morning hour be tegic petroleum reserves. deemed expired, the Journal of pro- Be it enacted by the Senate and House of Rep- SEC. 3. STATEMENT OF POLICY. resentatives of the United States of America in ceedings be approved to date, the time It is the policy of the United States— for the two leaders be reserved, and the Congress assembled, (1) to cooperate with India to address com- SECTION 1. SHORT TITLE. mon energy challenges, to ensure future Senate then resume executive session This Act may be cited as the ‘‘United global energy security, and to increase the for the consideration of the Holmes States-India Energy Security Cooperation world-wide availability of clean energy; nomination. I also ask that the Senate Act of 2006’’. (2) to promote dialogue and increased un- stand in recess from 12:30 until 2:15 to SEC. 2. FINDINGS. derstanding between the United States and accommodate the weekly policy lunch- Congress makes the following findings: India on our respective national energy poli- eons. (1) The December 2004 National Intel- cies and strategies as an integral part of the The PRESIDING OFFICER. Without ligence Council report entitled ‘‘Mapping the expanding strategic partnership between the objection, it is so ordered. Global Future in 2020’’ states that the single two countries; and most important factor affecting the demand (3) to collaborate with India in energy re- f for energy will be global economic growth, search that fosters market-based approaches especially that of China and India. It is esti- to energy security and offers the promise of PROGRAM mated that the current economic growth technological breakthroughs that reduce oil rate in India is approximately 7 percent of dependency globally. Mr. FRIST. Mr. President, tomorrow gross domestic product. India will need to SEC. 4. ASSISTANCE TO SUPPORT ENERGY CO- morning there will be the 2 final hours double its energy consumption within the OPERATION. for debate on the Holmes nomination. next 15 years to maintain steady rates of (a) AUTHORIZATION.—The President is au- If all time is used, that vote would economic growth. thorized to establish programs in support of occur shortly before noon on Tuesday. (2) The United States and India launched greater energy cooperation between the an energy dialogue on May 31, 2005, aimed at United States and India. That vote could occur a little earlier if building upon a broad range of existing en- (b) ACTIVITIES.—Assistance may be pro- some debate time is yielded back. After ergy cooperation and developing new ave- vided under this section for cooperation re- the policy meetings in the afternoon, nues of collaboration on energy. These ef- lated to— we will proceed to the Child Custody forts will promote increased trade and in- (1) research, development, and deployment Protection bill. We will be on that bill, vestment in the energy sector by utilizing of clean coal and emission reduction tech- the Child Custody Protection bill, resources in the public and private sectors, nologies and carbon sequestration projects; throughout tomorrow afternoon, into (2) research, development, and deployment focusing on oil and gas, power and energy ef- the evening, in order to finish the bill. ficiency, new technologies and renewable en- of alternative fuel sources, such as ethanol, ergy, coal and clean coal technology, and bio-mass, and coal-based fuels; A few moments ago I filed cloture on civil nuclear cooperation. In his testimony (3) research, development, and deployment the Gulf of Mexico energy security bill. before the Committee on Foreign Relations of energy efficiency and renewable energy I filed cloture on the motion to proceed of the Senate on July 26, 2005, Under Sec- projects and technologies; to ensure the Senate can take action retary of Energy David Garman said, ‘‘The (4) research related to commercially avail- on this bill related to our energy inde- United States and India recognize their mu- able technologies that promote the clean and pendence. That vote will occur Wednes- tual interests are best served by working to- efficient use of energy in India; and day morning, prior to the 11 a.m. joint (5) technical assistance in support of the gether in a collaborative fashion to ensure meeting with the House of Representa- stability in global energy markets.’’. development by the Government of India of a (3) As the sixth largest energy consumer in strategic oil reserve to allow India to cope tives. the world, India satisfies 70 percent of its oil with short-term disruptions to global oil f demand with imports and has embarked on supplies without causing shocks to India’s market or the global market. an aggressive oil and gas exploration pro- ADJOURNMENT UNTIL 9:45 A.M. gram. The largest discovery of natural gas in SEC. 5. REPORT ON ENERGY COOPERATION. the world in 2002 occurred in India. In 2003, (a) IN GENERAL.—Not later than 180 days TOMORROW the largest discovery of oil in the world oc- after the date of the enactment of this Act, Mr. FRIST. If there is no further curred in the state of Rajasthan in India. Ex- the Secretary of State shall, in coordination business to come before the Senate, I ternal funding and investment in the oil and with the Secretary of Energy, submit to the ask unanimous consent that the Sen- gas industry in India is necessary to maxi- Committee on Foreign Relations and the ate stand in adjournment under the mize recovery from oil fields, but an im- Committee on Energy and Natural Resources proved investment environment in India is of the Senate and the Committee on Energy previous order. needed to attract such investment. and Commerce and the Committee on Inter- There being no objection, the Senate, (4) India is the world’s third largest pro- national Relations of the House of Rep- at 5:13 p.m., adjourned until Tuesday, ducer of coal and will continue to rely on resentatives a report on energy security co- July 25, 2006, at 9:45 a.m.

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REGARDING HOUSE INTERIOR AP- creased oil and gas development can be CONDEMNING THE RECENT AT- PROPRIATIONS PROVISION TO achieved without adversely impacting the pot- TACKS AGAINST THE STATE OF FUND BLM NEW MEXICO’S PREP- ash industry. ISRAEL ARATION OF A NEW CO-DEVEL- OPMENT PLAN FOR OIL AND GAS Last year, the BLM New Mexico State Di- SPEECH OF AND POTASH IN THE SECRE- rector commissioned New Mexico Tech to HON. CAROLYN B. MALONEY TARIAL POTASH AREA OF NEW conduct a thorough geological assessment of OF NEW YORK MEXICO the oil and gas potential of the potash area. IN THE HOUSE OF REPRESENTATIVES The State Director briefed congressional staff HON. KAY GRANGER on the conclusions of the New Mexico Tech Wednesday, July 19, 2006 OF TEXAS study on February 14, 2006. Those conclu- Mrs. MALONEY. Mr. Speaker, I rise in sup- IN THE HOUSE OF REPRESENTATIVES sions are compelling in terms of the urgent port of H. Res. 921. No sovereign nation can tolerate having its Monday, July 24, 2006 need for more oil and gas in this country. After studying the geologic data in great detail, New borders invaded, its people shelled and its sol- Ms. GRANGER. Mr. Speaker, for too long, Mexico Tech concluded that: ‘‘Even consid- diers kidnapped. America wouldn’t, the mem- the number one concern of Americans all ering only the Brushy Canyon and Morrow bers of the EU wouldn’t, and Israel shouldn’t. across our Nation has been the price and sup- Formations, a large part of the SPA [Secre- Under the circumstances, Israel’s response ply of energy. The cost of gasoline at the has been measured. Israel clearly has the tarial Potash Area] has significant future oil pump and the cost of natural gas delivered to right to defend its cities and its people from and gas potential along presently producing homes and businesses throughout America rocket fire, its borders from terrorist tunnels trends.’’ The study further concludes: ‘‘The have risen to levels that have threatened fam- and its military bases from kidnappers. ily pocketbooks and employment for busi- Secretary of Interior’s Potash Area is a prolific Hamas and Hezbollah are terrorist organiza- nesses both big and small. Americans are oil and gas producing region with significant tions. They have no purpose and no aim other looking for real action that addresses the real future reserves. . . . [A]lmost the entire SPA than to destroy Israel. For months they have problems they are experiencing in the market is of interest for future development. . . . been waging a war against Israel—and Israel place—the price and supply of gasoline and These formations . . . consist of extensive has shown restraint. They have lobbed rockets natural gas. The answer is to be found, in sandstones that have demonstrated produc- at Israeli targets—and Israel has shown re- part, by increasing domestic supply of oil and tion characteristics. . . . Horizontal wells have straint. They have bombed Israel’s cities—and gas. And we have so much of those resources been demonstrated to work with good produc- Israel has shown restraint. They have sent still untapped—whether in the Alaska National tion, and drilling islands in areas with existing their suicide bombers—and Israel has shown Wildlife Refuge, in off-shore leases, or on a wells are one method of permitting sub-potash restraint. There comes a point when Israel can range of federal properties where the oil and development in the future.’’ no longer be restrained. It has a right and an gas resources are already owned by the At that same recent briefing for Congres- obligation to protect its people from attack. American people. Ironically, these attacks originate in the sional staff, the BLM New Mexico state direc- Many of these opportunities for increased areas from which Israel withdrew its troops production of oil and gas on federal lands are tor acknowledged that her office has no data and settlers. Israel left Lebanon in 2000 and admittedly fraught with controversy and caught to support the claim of safety risks alleged by disengaged from Gaza last year. Instead of re- up in partisan politics. However, the House In- the potash companies, but expressed a desire warding and encouraging such movement, terior appropriations bill that we passed on to conduct more research on the issue to con- Hamas and Hezbollah set about arming them- May 18, pursues a supply of 1–2 billion bar- fidently issue more APDs for oil and gas drill- selves with increasingly dangerous and potent rels of oil and gas on a federal property that ing. The New Mexico State Director also in- weapons. We are now seeing the extent to is readily developable, where no environ- formed congressional staff that she wanted to which these terrorist organizations have been mental impediments exist and where drilling begin creation of a new co-development re- fortifying themselves, and it is terrifying. Their and pipeline infrastructure is so plentiful that source policy for the Secretarial potash area weapons are reaching areas of Israel that the oil and gas can be cost-effectively and that would increase oil and gas production have never been subjected to rocket fire be- quickly delivered into the market. fore. Hundreds of thousands of Israelis are liv- while avoiding any legitimate and avoidable Particularly, our House Interior Appropria- ing in bomb shelters or have been evacuated tions bill provides an additional $800,000 to adverse impact on current and future potash from their homes. the Bureau of Land Management to develop a mining. I am pleased to note that the United States new co-development policy to facilitate greater The House Interior Appropriations bill pro- and many members of the international com- production of both the oil and gas and potash vides the BLM Director with additional funding munity, including the G–8 have supported that lies beneath an area known as the Secre- to accomplish the stated objective of creating Israel’s right to defend itself. ‘‘We demand first tarial Potash Area near Carlsbad, New Mex- such a new co-development policy. With BLM that the Israeli soldiers be returned to Israel ico. There has been some contention between already having the full legal authority to create healthy, that the attacks on Israel cease, and oil and gas producers and the potash industry then naturally for Israel to halt military action,’’ the new co-development policy, BLM can over how extensive oil and gas production German Chancellor Angela Merkel told report- should be in the area. The potash industry has begin action now and does not need to wait ers at the G–8 summit. claimed that drilling oil and gas wells variously even for the enactment of a final Interior Ap- Many Arab leaders and opinion molders prohibits recovery of potash deposits by them propriations conference report to commence have also condemned Hezbollah and/or or creates safety risks to potash miners. The activity to create the new co-development pol- Hamas for their actions. Although he issued BLM New Mexico State Office has denied icy. The only thing now standing in the way of the usual condemnations of Israel, Saud al- many applications for drilling permits (APDs) that new policy and oil and gas production is Faisal, the Saudi foreign minister, also chided on the basis of those claims. For their part, action by the BLM New Mexico office. BLM Hezbollah’s ‘‘unexpected, inappropriate and ir- the oil and gas leaseholders argue that such must understand the seriousness of our inten- responsible acts.’’ I understand that delegates claims are baseless and point out that there tions underlying this funding provision and the from Bahrain, Egypt, Jordan, Kuwait and the has never been a safety incident in a potash agency must appreciate that we want oil and UAE backed Mr. al-Faisal. In the same vein, mine from the oil and gas wells that already the official Saudi Press Agency opined, ‘‘A dis- gas production expedited as a result of this exist in the potash area. Additionally, they ref- tinction must be made between legitimate re- erence the 500,000 acres that constitute the funding and soon. We are watching BLM to sistance and uncalculated adventures under- Secretarial potash area are so vast that in- see action, and so are the American people. taken by elements [without] . . . consulting

∑ 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 Aug 31 2005 04:45 Jul 25, 2006 Jkt 049060 PO 00000 Frm 00001 Fmt 0626 Sfmt 9920 E:\CR\FM\A24JY8.001 E24JYPT1 ccoleman on PROD1PC71 with REMARKS E1494 CONGRESSIONAL RECORD — Extensions of Remarks July 24, 2006 and coordinating with Arab nations.’’ Ahmed has since ruled that it must. That case is on ARTICLE BY RABBI ISRAEL al-Jarallah, editor of Kuwait’s Arab Times, con- appeal now to the ninth circuit, and hopefully ZOBERMAN demned both Hezbollah and Hamas in an edi- it will make its way to the U.S. Supreme Court torial on July 15, 2006, writing, ‘‘Unfortunately for a reversal. HON. THELMA D. DRAKE we must admit that in such a war the only way OF VIRGINIA to get rid of ‘these irregular phenomena’ is f IN THE HOUSE OF REPRESENTATIVES what Israel is doing. The operations of Israel Monday, July 24, 2006 in Gaza and Lebanon are in the interest of COMMENDING NASA ON COMPLE- people of Arab countries and the international TION OF THE SPACE SHUTTLE’S Mrs. DRAKE. Mr. Speaker, I would like to community.’’ SECOND RETURN-TO-FLIGHT MIS- call your attention to the following article writ- ten by my constituent, Rabbi Israel Zoberman. I am pleased that Secretary of State SION Condoleezza Rice is planning a trip to the re- Rabbi Zoberman is the spiritual leader of Con- gregation Beth Chaverim in Virginia Beach, gion shortly, and hope that she will remain VA. A son of Polish Holocaust survivors, he fully engaged. In the meantime, Israel should SPEECH OF grew up in Haifa, Israel. He is past President not be asked to stop its actions as long as of the Hampton Roads Board of Rabbis and Hezbollah and Hamas continue to send mis- HON. DAVE WELDON Cantors. The article reads as follows: siles toward Israel and to hold Israeli soldiers OF FLORIDA Once more I felt in the pit of my stomach hostage. IN THE HOUSE OF REPRESENTATIVES that gnawing sense of emptiness born of dis- f belief and grave concern, which after all is a Wednesday, July 19, 2006 defense mechanism, experienced during past PERSONAL EXPLANATION wars and crises. My phone calls to my family Mr. WELDON of Florida. Mr. Speaker, I in Haifa, Israel have increased from Fridays would like to extend congratulations to NASA to wish them a ‘‘Shabbat Shalom’’ to daily HON. JOHN LINDER contacts of empathy and support. OF GEORGIA and the Shuttle program for the successful My beautiful coastal Haifa, Israel’s third IN THE HOUSE OF REPRESENTATIVES STS–121 mission on Space Shuttle Discovery. largest city, has become a deliberate target On July 4th, I watched with pride as the NASA with rockets landing on Mt. Carmel, not far Monday, July 24, 2006 performed a successful launch of the Space from my sisters’ homes and my parents’ resi- Mr. LINDER. Mr. Speaker, I was unable to Shuttle Discovery, a fitting tribute to NASA, dence where I was raised. My very pregnant niece was emotionally affected and tempo- cast rollcall vote 382 on July 19, 2006, be- our brave astronauts, and our incredible space cause I was unavoidably detained on official rarily left to Tel Aviv for psychological sta- program. bility. Speaking to my mom, who along with business at the White House. Had I been father are Polish Holocaust survivors, con- present, I would have cast the following vote: STS–121 successfully confirmed the Space Shuttle safety improvements, including the re- veyed her definite heightened anxiety as she On rollcall No. 382, I would have voted ‘‘yea.’’ faced one more challenge after already much designed External Tank foam insulation, the f trauma, including Israel’s previous wars and heat shield, and improved imagery during ongoing tensions since arriving there in 1949. PLEDGE PROTECTION ACT OF 2005 launch. STS–121 also successfully supplied I’ve also been in touch with Lebanese friends the International Space Station with more than in Virginia Beach. They too are affected by SPEECH OF the disconcerting events. 28,000 pounds of much-needed equipment The eruption of hostilities this time fol- HON. JEFF FLAKE and supplies. lowed attacks and kidnappings by Hamas in the south and Hezbollah in the north, insti- OF ARIZONA Our amazing astronauts also gave us earth- bound admirers three awe-inspiring gated by the true powers to be in Iran and IN THE HOUSE OF REPRESENTATIVES Syria, and lengthy rockets’ firing at Israeli spacewalks. My hearty congratulations go to Wednesday, July 19, 2006 towns within range from Gaza. It thus forced the entire Discovery crew—Commander Ste- Israel’s government to send a loud message The House in Committee of the Whole ven Lindsey, Pilot Mark Kelly, and Mission to those who are obstacles to the future of House on the State of the Union had under Specialists Michael Fossum, Lisa Nowak, peace, a pre-condition to Israel’s very viabil- consideration the bill (H.R. 2389) to amend Piers Sellers, and Stephanie Wilson. ity and survival in a restive region of critical title 28, United States Code, with respect to strategic importance. No state would allow the jurisdiction of Federal courts over cer- With the completion of the flawless 13-day disruption to its citizens’ lives on a scale tol- tain cases and controversies involving the mission of STS–121 on Space Shuttle Dis- erated so long by Israel. Particularly for a Pledge of Allegiance: covery, NASA proved that both its Space small country albeit with a capable military, Mr. FLAKE. Mr. Chairman, today I voted Shuttle program and the International Space such unacceptable scenario becomes debili- against the Pledge Protection Act—H.R. 2389. tating. Station program are once again on firm foot- The threat from radical Islam seeking to I believe in the constitutionality of the Pledge ing. Americans can be confident that NASA’s create a Middle East a la its rejectionist ide- and believe that the Pledge should contain the goal of completing the construction of the ology, sans Israel and Western influence, words ‘‘under God.’’ space station will be realized. also aims at destabilizing moderate Arab Unfortunately, this bill does more to hurt the states such as Egypt and Jordan which Pledge than help it. The bill strips Federal And this confidence-building mission comes signed peace treaties with Israel. Without a courts of jurisdiction over Federal constitu- at the right time, since the most complicated countervailing strong Iraq, Iran is now posi- tional claims, leaving the States to each de- space assembly mission that has ever been tioned for hegemony to restore its historic cide issues regarding the Pledge. Some scheduled in human space flight will happen in preeminence and emerge a global Muslim only a month and a half. Starting in August, leader. It attempts to acquire nuclear power States may strike down the Pledge; others as a step in this envisioned goal while led by may modify it. The end result would be lasting NASA will launch a series of missions to finish an irresponsible president who openly denies damage to the Pledge. This is clearly a Fed- the backbone of the International Space Sta- the Holocaust and calls for Israel’s elimi- eral, constitutional issue. tion. These shuttle missions will be the most nation. The Palestinian Authority as well as I realize that, in 2002, the Ninth U.S. Circuit complex since the Apollo program. Lebanon stand to benefit from Israel’s ac- tions for their own future is held hostage by Court of Appeals reached a disturbing result These are great challenges for NASA, but by declaring that it was an unconstitutional es- their extremists. Israel’s response is sup- America’s space agency continues to prove portive of America’s heroic efforts to con- tablishment of religion to have students to re- that it is up to the job. I have complete con- front terrorism world-wide, painfully intro- cite the words ‘‘under God’’ in the Pledge of fidence that NASA will be successful with the ducing democracy to a liberated Iraq, even Allegiance. The U.S. Supreme Court overruled remaining 15 Shuttle missions to complete the though democracy’s Arab enemies subvert the ninth circuit on procedural grounds in fledging democracies from within. Fighting space station before the shuttle’s retirement in 2004. Unfortunately, there was no clear opin- terrorists is hampered by their planting 2010. ion overruling the ninth circuit on substantive themselves among civilians to take advan- grounds. Our Space Shuttle program has proven that tage of democratic nations’ reluctance to re- it is on track to completing its remaining mis- taliate at random. But terrorists underesti- The ninth circuit’s ruling has created confu- mate the will of free nations to ultimately sion as to whether the decision must be fol- sions and NASA is on track to continue the fight back in spite of limitations with inevi- lowed within the boundaries of the circuit. At manned space program, including the return table and regrettable losses of life and prop- least one Federal district court in California of Americans to the surface of the Moon. erty. Tragic indeed has been Lebanon’s lot

VerDate Aug 31 2005 04:51 Jul 25, 2006 Jkt 049060 PO 00000 Frm 00002 Fmt 0626 Sfmt 0634 E:\CR\FM\A24JY8.003 E24JYPT1 ccoleman on PROD1PC71 with REMARKS July 24, 2006 CONGRESSIONAL RECORD — Extensions of Remarks E1495 and inability to control Palestinian and Leb- PERSONAL EXPLANATION withdrawal from Southern Lebanon in 2000 anese militants who have begrudged her and from Gaza in 2005, as well as its com- Western culture and delicate ethnic and reli- mitted plan to pull out completely from the gious balance. HON. TODD TIAHRT OF KANSAS West Bank, Israel has met only violence. How frustrating that despite Israel’s sac- IN THE HOUSE OF REPRESENTATIVES Since 2000, Hezbollah has fired hundreds of rificial Gaza disengagement a year ago as rockets at civilian areas and kidnapped and well as the departure from southern Lebanon Monday, July 24, 2006 murdered Israeli soldiers. Since September in 2000, with plans for the further withdrawal Mr. TIAHRT. Mr. Speaker, on July 13, I was 2005, terrorist groups in Gaza have launched from the West Bank to create a Palestinian unavoidably detained and missed rollcall vote over 1,000 rocket attacks at Israeli cities. Pre- state, its adversaries refuse to respond in No. 374. viously, Israel exhibited restraint and refused kind. Reestablishing a deteriorated deter- Rollcall vote No. 374 was on final passage to respond to these aggressions with any sig- rence posture is a must for Israel’s security. Recently elected Israeli Premier Ehud of H.R. 9, the Fannie Lou Hamer, Rosa Parks, nificant counterattack. Now, in light of the cur- Olmert is undergoing his first major test by and Coretta Scott King Voting Rights Act Re- rent unprovoked kidnappings by Hamas and fire, literally, filling in the big shoes of his authorization and Amendments Act. Had I Hezbollah, Israel is warranted to act appro- incapacitated predecessor Ariel Sharon. been present, I would have voted, ‘‘yea.’’ priately to free the captured soldiers and to Sharon, the daring leader in war and peace, This is an important piece of legislation that defend her citizens. would approve Olmert’s conduct that is sup- I hope to see pass through the Senate, signed Now is the time for the Lebanese Govern- ported by a united political front, so other- by the President and enacted. ment to abide by the U.N.’s rules. In refusing wise rare, testimony to Israel’s resolve to f to disarm Hezbollah as required by U.N. Res- again prevail. A determined Jewish state has olution 1559, the Lebanese Government is no plans to leave its bad neighborhood, and PERSONAL EXPLANATION choosing to openly ignore the decree of the it may yet help transforming it with its es- international community. Lebanese Prime Min- sential American partner. May children on HON. LOUISE McINTOSH SLAUGHTER ister Fouad Siniora should accept responsi- both sides of Israel’s borders soon be able to OF NEW YORK bility and take immediate action against the freely play and sleep at peace. IN THE HOUSE OF REPRESENTATIVES terrorist group which Lebanon harbors. I sup- Rabbi Israel Zoberman, spiritual leader of Monday, July 24, 2006 port the resolutions that call on the United Na- Congregation of Beth Chaverim in Virginia tions to help the Prime Minister and his gov- Ms. SLAUGHTER. Mr. Speaker, I was un- Beach, grew up in Haifa, Israel. ernment to achieve these goals. avoidably detained on July 20, 2006 and Now is also the time for the Hamas govern- missed Rollcall vote 393. Had I been present, f ment to accept accountability for the actions of I would have voted ‘‘aye’’ for 393. its terrorist organization. As the elected gov- HONORING THE AMERICAN LEGION f ernment of the Palestinian people, they have POST 71 FOR 86 YEARS OF SERV- CONDEMNING THE RECENT AT- a duty to tell the terrorists to release the sol- ICE TACKS AGAINST THE STATE OF dier they captured, halt the relentless rocket ISRAEL fire aimed at Israeli civilians and end their en- couragement of terrorist acts against Israel. HON. MICHAEL C. BURGESS SPEECH OF But neither the Palestinian nor the Leba- nese Government are wholly responsible for OF TEXAS HON. ALCEE L. HASTINGS these recent provocations against Israel. IN THE HOUSE OF REPRESENTATIVES OF FLORIDA There is a much greater strategic dimension to IN THE HOUSE OF REPRESENTATIVES the Hamas-Hezbollah offensive. The terrorist Monday, July 24, 2006 Wednesday, July 19, 2006 organizations, Hezbollah and Hamas, are un- questionably sponsored and guided by the Ira- Mr. BURGESS. Mr. Speaker, I rise today so Mr. HASTINGS of Florida. Madam Speaker, nian and Syrian Governments. that I may honor the American Legion Post 71 I rise today in strong support of H. Res. 921, Iranian and Syrian support of these attacks of Denton, Texas as they celebrate their 86th condemning the provocations by terrorist orga- will not be rewarded. The current bloodshed of Anniversary. For close to a century, the Amer- nizations on Israel’s northern and southern innocent Israeli and Lebanese civilians will not ican Legion Post and its members have self- borders. strengthen their governments’ positions. As lessly served thousands of veterans and their The actions of the terrorist organizations, sponsors of terror they will be condemned and families throughout North Texas. Hezbollah, in Lebanon, and Hamas, in Gaza, held accountable for their actions. against Israel are unconscionable. Instead of The American Legion, holding a 3 million Israel must have the right to defend her ci- working towards peace, these terrorist organi- part membership nationally, was chartered by vilians from ongoing missile attacks, whether zations have chosen to perpetuate the vio- Congress in the aftermath of World War I as they arise from Lebanon or the Gaza Strip. lence. Unprovoked attacks on Israel’s borders, Like the United States and other sovereign na- a ‘‘patriotic, mutual-help, war-time veterans’ murdering Israeli soldiers, taking Israeli hos- organization.’’ Since its establishment, the tions, Israel is justified in reestablishing its de- tages and showering rockets targeting and kill- terrent posture. American Legion has sworn ‘‘to uphold and ing Israeli civilians are not furthering any legiti- f defend the Constitution of the United States of mate goal. America; to maintain law and order; to foster I am pleased to see that many of the FANNIE LOU HAMER, ROSA and perpetuate a one hundred percent Ameri- world’s leaders have publicly recognized that PARKS, AND CORETTA SCOTT canism; to preserve the memories and inci- the crisis in the Middle East was deliberately KING VOTING RIGHTS ACT REAU- dents of our associations in the Great Wars;’’ incited by terrorist organizations. I applaud the THORIZATION AND AMENDMENTS to promote service and to harvest a healthy leaders of the world’s top industrial nations’ ACT OF 2006 sense of community. Today there are over collaborative statement on July 16 con- 15,000 posts world-wide. demning the terrorists: ‘‘These extremist ele- SPEECH OF In celebration of their 86th Anniversary, Post ments and those that support them cannot be HON. BETTY McCOLLUM allowed to plunge the Middle East into chaos 71 will honor the family of Ernest Dallas Jr., a OF MINNESOTA and provoke a wider conflict. The extremists Denton Veteran of the Iraq War, with a ‘‘Fallen IN THE HOUSE OF REPRESENTATIVES Heroes Memorial Plaque.’’ must immediately halt their attacks.’’ I also congratulate the Arab nations, Saudi Thursday, July 13, 2006 Mr. Speaker, I applaud American Legion Arabia, Egypt and Jordan for their willingness The House in Committee of the Whole Post 71 for their honorable service to our na- to openly criticize Hezbollah’s attacks on House on the State of the Union had under tion and our heroes. I also recognize one of Israel’s northern border. I am in full support of consideration the bill (H.R. 9) to amend the those heroes, Ernest Dallas Jr., who lost his their efforts to speak out against Hezbollah’s Voting Rights Act of 1965: life in Iraq not more than a year ago. Our na- recent assaults against Israel. Ms. MCCOLLUM of Minnesota. Mr. Chair- tion truly owes a debt of gratitude to him and Israel’s actions over the past week must be man, I rise today in support of the Fannie Lou our other fallen soldiers for their admirable viewed in a broader context. It should be rec- Hamer, Rosa Parks, and Coretta Scott King and unyielding service to our nation. ognized that in response to Israel’s unilateral Voting Rights Act (H.R. 9). I am a proud co-

VerDate Aug 31 2005 04:45 Jul 25, 2006 Jkt 049060 PO 00000 Frm 00003 Fmt 0626 Sfmt 9920 E:\CR\FM\A24JY8.007 E24JYPT1 ccoleman on PROD1PC71 with REMARKS E1496 CONGRESSIONAL RECORD — Extensions of Remarks July 24, 2006 sponsor of this bipartisan legislation, which en- ernizes the VRA by requiring the use of the SUPPORT THE STEM CELL RE- sures every American citizen has the right to most updated census data and by directing SEARCH ENHANCEMENT ACT, vote. the GAO to determine ways to better admin- H.R. 810 If the Constitution is the embodiment of ister election assistance to non-English speak- America’s ideal of equality, the Voting Rights ers. HON. SUSAN A. DAVIS Act of 1965 is a historic milestone in our pur- OF CALIFORNIA Despite broad bipartisan support within the suit of that ideal. The namesakes of this legis- IN THE HOUSE OF REPRESENTATIVES lation are among the tens of thousands of Congress for reauthorization, some Members Monday, July 24, 2006 common heroes who fought, sacrificed and question whether the VRA’s protections are even perished to abolish the institutional bar- still necessary in today’s America. Regrettably, Mrs. DAVIS of California. Mr. Speaker, I riers to voting that cast a shadow on American almost 40 years after enactment of the VRA, support moving stem cell research forward freedom for nearly 200 years. It is the respon- voting discrimination is not only a painful and believe H.R. 810 will accomplish it in an ethical and responsible manner. sibility of our generation to honor their legacy memory of our past but also a persistent chal- It is almost 2 years since my daughter-in- of vision and commitment through our diligent lenge for the present and future. Since the stewardship of their hard-won victories. Today, law, Naomi, underwent a kidney transplant. I VRA was last reauthorized in 1982, the De- as America’s elected representatives, we in marvel at the combined results of the many Congress must renew our dedication to ad- partment of Justice and disfranchised voters people and years of science and research that vance the cause of freedom by reauthorizing have brought hundreds of intentional voter dis- came before her which gave her that oppor- the Voting Rights Act. crimination cases before the courts, many tunity . Enacted in 1965 and renewed in 1982, the within the last 5 years. Naomi was lucky and found an eligible donor in her brother. The transplant operation Voting Rights Act (VRA) prohibits the use of In 2001, the mayor and all-white Board of was a success. In fact, just a month ago, our any voting practice or procedure that discrimi- Aldermen of Kilmichael, Mississippi canceled nates based on race and requires certain juris- family cheered on Naomi at the Transplant local elections when it appeared several Afri- dictions to provide language assistance to mi- Olympics. nority citizens. The Act bars literacy tests, poll can-American candidates might win seats. It seems like a happy ending, but the story taxes, intimidation, threats, violence and other Elections were finally held in 2003, after the does not end here. transparent assaults on liberty. It also protects Department of Justice used the VRA to inter- My daughter-in-law takes a number of drugs against insidious procedural barriers such as vene. In the election that followed, the town to keep her body from rejecting her new kid- restrictive voter registration requirements, dis- elected three African-American board mem- ney. I hope her body will be able to support tricting plans that dilute minority voting bers and their first African-American mayor. her transplant for many years. Hopefully, Naomi will not need to face an- strength, discriminatory annexations and the South Dakota enacted a redistricting plan in siting of polling places at inaccessible loca- other transplant for many, many years. Clear- 2001 that ‘‘packed,’’ or over-concentrated Na- tions. ly, she may not be able to go to a sibling The Department of Justice has called the tive Americans into a district, preventing them again. Voting Rights Act ‘‘the most successful piece from creating a majority voting bloc in an addi- Will new research bring her new hope in the of civil rights legislation ever adopted.’’ As a tional, neighboring district. Three years later, a future? result of the Act in Mississippi, African Amer- Federal court invalidated the state’s plan, find- Mr. Speaker, as you can see, I have a per- ican registration went from less than 10 per- ing ‘‘substantial evidence’’ that state officials sonal reason for seeing an expansion of the cent in 1964 to almost 60 percent in 1968. In excluded Native Americans from voting and existing stem cell lines. New stem cell lines hold the promise of ad- Alabama, registration rose from 24 percent to holding office. 57 percent. These immediate gains in access vancing medical research and providing cures Local officials in Bexar County, Texas at- to the polls sowed seeds of equal representa- to a number of diseases. After years of work, both the House and tion that future generations would reap. tempted to undermine Latino voting strength in According to the American Civil Liberties a 2003 special election by neglecting to site Senate passed bipartisan stem cell legislation. Union, there were approximately 300 African polling places near those communities. Using Unfortunately, President Bush vetoed this crit- Americans serving in public office across the the special provisions of the VRA, Latino ad- ical bill. Despite a valiant effort in the House, country in 1964, including only three in Con- vocates were able to prevent Latino voters we could not override this veto. We need to think about tomorrow—what gress. Today, more than 9,100 African Ameri- from being silenced in the election by obtain- kind of future do we want to provide for the cans hold elected office at the local and state ing expedited assistance from the local district millions of individuals who live with life-threat- level, including 43 in Congress. The guaran- court. ening illnesses and their families? tees of full political participation codified in the If we don’t move forward, we will not have VRA have greatly benefited all minority groups And not all voting irregularities are local. the chance to develop innovative treatments, including Hispanic Americans, Asian Ameri- The mere mention of ‘‘Florida’’ or ‘‘Ohio’’ evoke the voting controversies of the 2000 including the potential of growing kidneys. cans and Native Americans—the last group to I hope I can give Naomi and other families and 2004 Presidential elections, which called win the right to vote. This impressive record of like ours that chance. progress argues strongly for reauthorization of the legitimacy of the outcomes into question f the Act. and shook Americans’ confidence in our elec- While most provisions of the VRA are per- tions process. The effort to reestablish con- REGARDING THE GATES FOUNDA- manent, several key provisions of the law are fidence in the elections process has produced TION’S WORK TO DEVELOP AN set to expire in 2007. These provisions include new controversies over electronic voting ma- HIV VACCINE Section 5, which requires covered jurisdictions chines that leave no paper record for to obtain approval or ‘‘pre-clearance’’ from the verification and recounts. HON. EDDIE BERNICE JOHNSON U.S. Department of Justice before they can OF TEXAS change voting practices or procedures. Sec- Clearly, the voting discrimination and irreg- IN THE HOUSE OF REPRESENTATIVES tion 203 of the Act requires election officials to ularities that inspired the Voting Rights Act provide written and oral assistance to certain persist and serve to remind us that the right to Monday, July 24, 2006 citizens with limited English proficiency. Also vote cannot be taken for granted, but it must Ms. EDDIE BERNICE JOHNSON of Texas. due for reauthorization are Sections 6–9, be actively protected and defended. By pass- Mr. Speaker, AIDS is a disease that knows no which empower the U.S. Attorney General to ing H.R. 9 and reauthorizing the Voting Rights national borders. Approximately 40 million appoint examiners and send Federal observ- Act, Congress reinforces the foundations of people across the globe are infected with this ers to monitor elections when evidence exists virus. There is no cure, and for many people, American democracy and keeps faith with of voter intimidation at the polls. no hope. This bipartisan reauthorization bill restores generations of Americans past and future. I Between 1995 and 2005, the number of the original intent of the VRA by making it urge my colleagues to reject all attempts to people living with HIV/AIDS has doubled, de- clear that any voting rule changes motivated weaken the Fannie Lou Hamer, Rosa Parks, spite efforts to prevent transmission of the dis- by intentional and purposeful discrimination and Coretta Scott King Voting Rights Act (H.R. ease. New infections among women outpace cannot be ‘‘precleared’’ by a Federal court or 9) and to support the bipartisan compromise those among men as a result of gender in- the Department of Justice. And H.R. 9 mod- before us today. equalities and violence toward women. Ninety-

VerDate Aug 31 2005 04:45 Jul 25, 2006 Jkt 049060 PO 00000 Frm 00004 Fmt 0626 Sfmt 9920 E:\CR\FM\A24JY8.012 E24JYPT1 ccoleman on PROD1PC71 with REMARKS July 24, 2006 CONGRESSIONAL RECORD — Extensions of Remarks E1497 six percent of people with HIV live in the de- She has been a strong supporter ever since Nick’s family is proud of him for the su- veloping world, most in sub-Saharan Africa. and I appreciate working with her over the last preme sacrifice he paid on behalf of his coun- Life-saving drugs to prevent mother-to-child 32 years. try. He will always be remembered for his transmission of the virus have been unavail- She has attended all the formal training kindness, his zest for life, his courage, and his able, and hundreds of thousands of infants schools offered by CWA. She has attended love for his family. He will be sorely missed. have become needlessly infected at birth or steward’s training, local officer training I have requested that an American flag be through breastfeeding in the last year. schools, leadership and advanced leadership flown over our United States Capitol in mem- Bill and Melinda Gates have done a great schools, and the AFL–CIO labor law and ad- ory of Cpl Paul Nicholas King to honor his thing to provide hope to the millions suffering vanced labor law courses. brave service to our country. This flag was re- from AIDS. Her commitment to the CWA can never be cently presented to his family. Nick died fight- Yesterday, they announced that they have questioned. She has served as a leader in all ing for the country he loved, alongside com- dedicated $287 million in the form of 16 grants phases of local organizing drives, and all leg- rades he respected and with the family he over 5 years to set up an international network islative and community service work. She has adored, forever in his heart. Our Nation is of HIV vaccine scientists. been a delegate to the last 18 CWA conven- humbled and grateful for his sacrifice. What is special about the grants is that they tions and a delegate to the AFL–CIO Conven- Mr. Speaker, we should all take a moment will be shared among 16 research projects in tion annually since 1976. to recognize Cpl Paul Nicholas King, United 19 countries. Five of the grants will pay for She was District 12 CWA Woman of the States Marine Corps, who gave his life in central laboratories to test researchers’ find- Year in 1981 and was CWA Woman of the service to his country. ings and foster international collaboration. Year for local 6222 in 1999. She currently serves as local 6222 coordi- Importantly, the Gates Foundation’s gift will f encourage the 165 scientists receiving them to nating officer for the legislative committee, fi- join forces. All the scientists involved have nance committee, election committee, and STEM CELL RESEARCH ENHANCE- signed a collaboration agreement to openly public relations committee. MENT ACT OF 2005—VETO MES- share their data and results. This unique ar- She is vice-president of the Harris County SAGE FROM THE PRESIDENT OF rangement is designed to get an effective HIV AFL–CIO and chair of the trustees of the State THE UNITED STATES (H. DOC. vaccine quickly into clinical trials in humans. AFL–CIO. NO. 109–127) I have great respect for Bill and Melinda I thank Dorothy Barker for her service to the Gates, and I admire their desire to do good working people in the Houston area and in SPEECH OF Texas over the last 60 years and congratulate things at a global level. They are a model of HON. STEVEN R. ROTHMAN charity. By this generous gift, the Gates are her on her retirement. showing all of us how to look beyond our own f OF NEW JERSEY IN THE HOUSE OF REPRESENTATIVES borders and make a real difference in this TRIBUTE TO UNITED STATES MA- world. Global health and equality are the true RINE CORPORAL PAUL NICHOLAS Wednesday, July 19, 2006 keys to bringing about world peace and under- KING Mr. ROTHMAN. Mr. Speaker, I rise in sup- standing. port of H.R. 810, the Stem Cell Research En- f HON. MARTIN T. MEEHAN hancement Act, and in support of overturning HONORING DOROTHY BARKER OF OF MASSACHUSETTS the President’s veto of this legislation. Unfortu- CWA IN THE HOUSE OF REPRESENTATIVES nately, what should be a debate about prom- Monday, July 24, 2006 ising new research and technology that could HON. GENE GREEN Mr. MEEHAN. Mr. Speaker, I rise today to lead to cures and treatments for countless dis- eases and disorders has been overshadowed, OF TEXAS honor a true hero, Marine Cpl Paul Nicholas yet again, by a debate about when life begins. IN THE HOUSE OF REPRESENTATIVES ‘‘Nick’’ King, who gave his life in service to our country. These stem cells do not come from fetuses Monday, July 24, 2006 Corporal King was a resident of a commu- as some people mistakenly believe. They are Mr. GENE GREEN of Texas. Mr. Speaker, nity in my district, Tyngsboro, and was de- blastocysts, 3- to 5-day-old embryos made up I rise today to honor one of my long-time ployed with the brave men and women serving of so small a number of cells they can fit on friends, Dorothy Barker. Though not a native in our Armed Forces as part of Operation: a head of a pin. This legislation does not allow Houstonian, she has been here longer than Iraqi Freedom II. Nick arrived in Iraq just a few these embryos to be cloned or created for most. She came here in 1939 and is a proud months ago and served as a mortarman with stem cell research. Therefore, there is no risk graduate of Milby High School. the 1st Battalion, 25th Marine Weapons Com- of rogue scientists performing illegal or uneth- Dorothy immediately went to work after pany, Regimental Combat Team 5. On Sun- ical experiments. graduation and moved around Texas with her day, June 25, 2006, he sustained fatal injuries In addition, the authors of H.R. 810 have husband, U.S. Army Air Force Sergeant Hugh when his unit was attacked as they patrolled taken all precautions to ensure that safe- Barker. In addition to being the mother of Fallujah, Iraq. guards are in place for the ethical use of em- three children, Dorothy managed to have a va- Nick was just 23 years old when he was bryonic stem cells. The only embryos per- riety of jobs to help support her family. She killed. He leaves behind his beloved wife mitted to be used under H.R. 810 are those had a milk route in San Antonio, drove a city Becky who was his high school sweetheart. that will come from in vitro fertilization, IVF, bus in Galveston, and was a ‘‘motor pool’’ em- He is also survived by his loving parents Paul donors who no longer plan on using the em- ployee at the Air Base in Dalhart, Texas. and Julie, and his siblings, Julie, Dianna, and bryos and who provide their written consent. Finally, her family settled down in Houston Daniel. He was looking forward to starting a Every year hundreds of thousands of left- and she became an employee of South- family with his wife and finding a new home over embryos from IVF are thrown away. In- western Bell Telephone Company in 1945 and upon his return. He was also planning to re- stead of tossing them in the trash, why joined the Communication Workers of America store a motorcycle that the couple had bought shouldn’t the owners of the embryos be able the same year. In 2 short years, she became shortly before his deployment. His friends and to give their consent to have these embryos a job steward and became a chief steward in family recall his zest for life as well as his used for research? We should not be denying 1962. courage and sense of duty. Although he was their right to help save lives. She was elected associate treasurer in safely stationed with a support unit in Korea, Those of us who support embryonic stem 1972, which is when I met her and she has Japan, and Thailand, Nick volunteered for de- cell research unfortunately will not be able to held that position ever since. ployment to Iraq because he wanted to fight overturn the President’s veto. We, however, Dorothy helped bring the CWA into the alongside his fellow Marines. He loved being must not give up. To all Americans who sup- State of Montana in 1970 and I know person- a Marine and his courage will not be soon for- port saving lives, who want to cure diseases ally, she has worked tirelessly to help increase gotten. and disorders that are plaguing their loved union membership, protect labor rights, and Nick graduated from the Greater Lowell Vo- ones, and who care about groundbreaking get those of us who believe in good wages cational High School in 2001. He enlisted in ethical health research, I ask you to take this and benefits elected to office. the Marines during his final year in school and issue to your elected Representative and tell Dorothy helped me the first time I ran for wore his uniform to his wife’s senior prom. them that you demand this legislation become State representative and was elected in 1972. Nick was very proud to be a Marine. law in the next Congress.

VerDate Aug 31 2005 04:45 Jul 25, 2006 Jkt 049060 PO 00000 Frm 00005 Fmt 0626 Sfmt 9920 E:\CR\FM\A24JY8.015 E24JYPT1 ccoleman on PROD1PC71 with REMARKS E1498 CONGRESSIONAL RECORD — Extensions of Remarks July 24, 2006 IN HONOR OF SERGEANT ROBERT Articles about Radio Al-Mahaba have ap- clear, these are embryos that were extracted P. KASSIN peared in the New York Times, Wall Street for in vitro fertilization. Most of them will be Journal, Chicago Tribune and USA Today. discarded. If the President had signed H.R. HON. TOM UDALL I recently had the honor of meeting with em- 810, they would have instead been used to OF NEW MEXICO ployees of Radio Al-Mahaba on a delegation I save human lives. With further research, these IN THE HOUSE OF REPRESENTATIVES led to Iraq to work with Iraqi women leaders cells may be used as ‘‘replacement’’ cells and Monday, July 24, 2006 and Parliamentarians. tissues to treat many diseases including Par- Right now, they are on the verge of having kinson’s disease, Alzheimer’s disease, diabe- Mr. UDALL of New Mexico. Mr. Speaker, I to shut their doors because of terrorist threats tes, AIDS, Lou Gehrig’s disease and others. rise today to honor the life of SGT Robert P. against the group and a lack of funding. Mr. Speaker, as a founder and current co- Kassin. Many insurgents do not want to see women chair of the Working Group on Parkinson’s Robert dedicated his life to serving his have a voice or play a significant role in Iraq. Disease and as someone who lost my father country, and last Sunday, July 16, he made Despite these threats, the employees remain to Parkinson’s disease, I know firsthand just the ultimate sacrifice while serving in Afghani- determined to stay on the air. how important this legislation is and how im- stan. To do this, they are working for free to keep portant it is to open up the stem cell lines. I Sergeant Kassin was killed near Larzab, in the station running. If this is not a clear ex- cannot be more clear: This bill is about saving Afghanistan’s Zabul province, when his pla- pression of a desire for a free and open soci- lives and preventing devastating diseases toon came under enemy fire. He died proudly, ety, I don’t know what is. from ravaging and ending people’s lives. eager to defend our Nation and help the peo- The station eventually hopes to broadcast In vetoing this legislation, this President has ple of Afghanistan. into Iran in order to let Iranian women know stalled science, ended hope, and reversed For almost a decade, Robert faithfully de- that freedom can be achieved but only if they progress. fended his country. After graduating from high stand up for their rights. I stand with a bipartisan majority of Con- school in Clovis, NM, he joined the Army in Mr. Speaker, this is a non-partisan issue. gress to express my severe disappointment September 1996, volunteering for deployment Radio Al-Mahaba deserves our support. with the President’s decision to veto this life- and reenlisting shortly after arriving in Afghani- It’s crucial that women have a strong voice saving legislation. stan. Robert took pride in all that he did, and in Iraqi society, especially as Iraqis work to f this was apparent to all who knew him. form a democracy. Robert leaves behind his parents, Robert Radio Al-Mahaba provides women with a HONORING MARY TSUKAMOTO Joseph and Lucia Kassin of Clovis, his 7-year- vehicle to have that voice. old son, his wife, Judy, and two step- daughters. His son and stepdaughters will f HON. MICHAEL M. HONDA OF CALIFORNIA grow up proud of their father, Sergeant STEM CELL RESEARCH ENHANCE- IN THE HOUSE OF REPRESENTATIVES Kassin, knowing that he gave his all in service MENT ACT OF 2005—VETO MES- to our country. SAGE FROM THE PRESIDENT OF Monday, July 24, 2006 Our most sincere and heartfelt sympathies THE UNITED STATES (H. DOC. Mr. HONDA. Mr. Speaker, today I rise to are with Robert’s family and friends during this NO. 109–127) honor Mary Tsukamoto for her commitment to time of great loss. We will always remember educating young people in the Elk Grove Uni- his bravery and the sacrifice he made proudly SPEECH OF fied School District and to advocating for the serving our great Nation. HON. CAROLYN B. MALONEY Japanese-American community. With the use f OF NEW YORK of the curriculum that she developed in the Elk PERSONAL EXPLANATION IN THE HOUSE OF REPRESENTATIVES Grove School District and the naming of the Mary Tsukamoto Elementary School in Sac- HON. JOHN LINDER Wednesday, July 19, 2006 ramento, CA, Ms. Tsukamoto has been hon- Mrs. MALONEY. Mr. Speaker, yesterday ored since her passing 8 years ago. OF GEORGIA marked a true tragedy for the medical history Born in 1915 into an immigrant family in IN THE HOUSE OF REPRESENTATIVES of this country. For the first time in 5 years, San Francisco, Mary Tsukamoto and her four Monday, July 24, 2006 this President chose to veto a bill that has the siblings attended segregated schools through- Mr. LINDER. Mr. Speaker, on rollcall vote potential to save millions of lives and impact out childhood. In 1942, when Mary was just No. 380, House passage of S. 2754, I inad- millions more. 27, she, her husband, Al, and their daughter, vertently was recorded as voting ‘‘nay.’’ This veto will go down in history as a monu- Marielle, were sent to an internment camp in I would like the record to reflect the fact that mental step backward for medical research Arkansas. Following that dark period in her I wanted my vote to be recorded as ‘‘yea.’’ and a profound and significant disappointment life, Mary Tsukamoto emerged determined to This does not change the outcome of the for victims and their families. Hope was just a fight for Japanese-American causes. vote. signature away and to millions of people in As an Elk Grove School District teacher for f this country, this President could have become 25 years, Mary developed an educational cur- COMMENDING AND SUPPORTING a hero simply by signing H.R. 810, the Stem riculum addressing the treatment of Asian- RADIO AL MAHABA Cell Research Enhancement Act, into law. In- Americans in the United States. This cur- stead, he chose to veto this bill and stall the riculum, ‘‘Time of Remembrance,’’ is a living SPEECH OF advancement of science. history program featuring interviews, photo- In contrast, by signing S. 3504, the Presi- graphs, and artifacts from the internment HON. KAY GRANGER dent gave cover to opponents of lifesaving camps compiled by Mary Tsukamoto. The OF TEXAS science. I would hope that this President motto for ‘‘Time of Remembrance’’ is that IN THE HOUSE OF REPRESENTATIVES would give more credit to the American public. ‘‘never again’’ should an American lose his or Tuesday, July 18, 2006 S. 3504 is a useless bill that does nothing for her fundamental rights. Ms. GRANGER of Texas. Mr. Speaker, I victims of ravaging diseases and instead rubs After her retirement from teaching in the rise today in support of House Resolution 784 salt in the wound. mid-1970s, Mary Tsukamoto continued to commending Radio Station Al-Mahaba in Iraq. Mr. Speaker, I stand here with many of my teach and lead the community. Her leadership Radio Al-Mahaba, which means ‘‘love’’ in colleagues, pleading with the President to lis- contributed to the successful effort to seek a Arabic, is the only radio station in Iraq or the ten to 72 percent of Americans, the over- federal apology and restitution for Japanese- Greater Middle East whose programming is whelming majority of scientists, researchers, American internment. Subsequently, Mary co- geared toward the issues important to women. and even Nobel laureates who all recognize authored a book with Elizabeth Pinkerton titled The station’s programming is meant to be the promise that embryonic stem cell research We the People: A Story of Internment in an educational tool for women, focusing on holds. America, and worked closely with the Smithso- subjects such as parenting, healthcare, rela- Right now, only 22 of the 78 stem cell lines nian Institution in Washington, DC to create an tionships and other social topics. approved by President Bush are left. Many of exhibit about Japanese-American internment. The station broadcasts in three different lan- these lines have been contaminated and are This activism, along with her outstanding guages, giving women freedom to voice their no longer useful, but more than 400,000 fro- teaching record, was recognized during this opinions and hear other opinions. zen embryos exist in the United States. To be year’s National Women’s History Month and at

VerDate Aug 31 2005 04:45 Jul 25, 2006 Jkt 049060 PO 00000 Frm 00006 Fmt 0626 Sfmt 9920 E:\CR\FM\A24JY8.019 E24JYPT1 ccoleman on PROD1PC71 with REMARKS July 24, 2006 CONGRESSIONAL RECORD — Extensions of Remarks E1499 receptions in both California and Washington, S. 2690, legislation that reaffirmed the lan- known as offering a ‘‘Square Deal’’ to its cus- DC. guage of the Pledge of Allegiance, including tomers and Binghamton is now known as the Recently Mary was selected as one of ten the phrase ‘‘one Nation under God.’’ ‘‘Home of the Square Deal,’’ a place that sum- National Women’s History Month honorees by However, as I stated last year, I am con- marized an umritten compact that let the pub- the National Women’s History Project. With cerned that the passage of H.R. 2389 would lic know that with Endicott-Johnson products this honor, her life story was featured on XM threaten the separation of powers set forth in they were receiving high-quality merchandise radio and on the Lifetime TV Channel. This the United States Constitution. Historically, the while informing potential Endicott-Johnson em- year’s National Women’s History Month theme United States Supreme Court has the final au- ployees that when working for the company, was ‘‘Women: Builders of Communities and thority on questions regarding a Federal law’s they would be working for a company that Dreams,’’ a fitting theme to describe the life of constitutionality. However, H.R. 2389 would would treat them with respect. a community hero. allow future Congresses to enact laws that After the incorporation of Endicott in 1906, As a civil rights activist, author, and teacher, clearly violate basic constitutional principles, the 20th century proved to hold more opportu- Mary Tsukamoto affected the lives and per- while at the same time barring these laws nities for expansion for the village with the spectives of many Americans. Her legacy is from review by the Supreme Court. This lack founding of International Business Machines, seen in civil rights legislation and the state- of checks and balances could undermine the IBM, the company helped create jobs in the wide use of her curriculum. It is in recognition strength of America’s most fundamental found- area as well as helped expand Endcott with and admiration of Mary Tsukamoto that I ing document. Given these significant issues recreational services created for IBM employ- stand in honor today. Her life’s work is re- with H.R. 2389, I again plan on voting against ees as well as for the public. membered and respected. this measure. Like the Endicott-Johnson Shoe Company, f f the workers were seen as people instead of labor to be exploited. IBM also took care of its PLEDGE PROTECTION ACT OF 2005 PAYING TRIBUTE TO THE 100TH employees during hard times such as the ANNIVERSARY OF THE FOUND- Great Depression when it provided workers SPEECH OF ING OF ENDICOTT with life insurance and survivors benefits. HON. EARL POMEROY Later, during WorId War II, IBM established a OF NORTH DAKOTA HON. MAURICE D. HINCHEY fund for widows and orphans of the IBM em- OF NEW YORK IN THE HOUSE OF REPRESENTATIVES ployees that were fighting overseas. IN THE HOUSE OF REPRESENTATIVES In 1921, the village of Endicott gained size Wednesday, July 19, 2006 Monday, July 24, 2006 and prestige by absorbing the adjacent village The House in Committee of the Whole of Union. The villages had grown together House on the State of the Union had under Mr. HINCHEY. Mr. Speaker, I rise today to closely, so it became hard to determine geo- consideration the bill (H.R. 2389) to amend honor the village of Endicott in Broome Coun- graphically where one village started and the title 28, United States Code, with respect to ty, NY, which is part of the 22nd Congres- other ended. This unification greatly strength- the jurisdiction of Federal courts over cer- sional District that I proudly serve. This year ened the community and positioned it for tain cases and controversies involving the marks the 100th anniversary of the founding of Pledge of Allegiance: greater growth and prosperity. Endicott. I am pleased to recognize the village Despite its classification as a village, Endi- Mr. POMEROY. Mr. Chairman, I rise in op- of Endicott and the important contributions it cott provides many amenities of a large city position to H.R. 2389, The Pledge Protection has made to Broome County and to the State such as an airport, paid fire and police protec- Act of 2005. of New York on its centennial anniversary. tion as well as many other services. The vil- As I said in 2004 when the House voted on Located along the majestic Susquehanna lage today also offers many forms of entertain- the Pledge Protection Act in the 108th Con- River, the village of Endicott makes up one- ment for its inhabitants as well as visitors such gress, I strongly believe that the Pledge of Al- third of the ‘‘Triple Cities’’ region of New York, as stage performances at the Cider Mill Play- legiance, including the phrase, ‘‘under God’’ is along with the Village of Johnson City and the house and the Endicott Performing Arts Cen- a constitutional expression of patriotism. city of Binghamton. The Tuscarora tribes of ter as well as golfing at the En-Joie Golf Therefore, I—along with many of my col- the Iroquois Confederacy originally inhabited Course, which is also home to the Broome leagues—was outraged by court decisions that the area of present day Endicott before Euro- County, B.C., Open, a regular stop on the erroneously declared the Pledge of Allegiance pean settlement in 1795. Between this time PGA Tour. There is also the Little Italy section unconstitutional. As a result, I consistently and when Edicott was incorporated in 1906, of Endicott on the North Side which also have voted in favor of legislation reaffirming the village grew steadily in the 19th century boasts a strong culture. In addition to all of the place of the Pledge of Allegiance in its en- with the construction of schools and transpor- these forms of recreation, there are many tirety in our schools. tation systems. The first Endicott-Johnson parks available and carousels which are so In the 108th Congress, I voted in favor of H. shoe factory in Endicott was constructed on ubiquitous to the Southern Tier that Greater Res. 132, which urged the Supreme Court ‘‘to North Street in 1901 which promoted expan- Binghamton is often referred to as the car- correct the constitutionally infirm and incorrect sion of the village and growth throughout the ousel capital. holding’’ by the 9th Circuit Court of Appeals in Triple Cities region. The village was named Endicott’s vibrant history is alive and evident its revised decision on the Newdow v. U.S. after Henry B. Endicott who founded and today. Villages like Endicott are an essential Congress case. This resolution also expressed owned the business that was Endicott-John- component of our Nation’s past, present, and the sense of the House of Representatives son. future, and deserve to be honored and recog- that the recitation of the Pledge is a patriotic Endicott-Johnson was vital to the growth of nized for their numerous contributions. Mr. act—not a religious act, that the Pledge the community and as an employer it pio- Speaker, it gives me great pleasure to recog- should retain the phrase ‘‘One nation, under neered the concept of worker’s dignity. At En- nize the village of Endicott, NY, as it cele- God,’’ and that Congressional policy should dicott-Johnson, labor was seen as a group of brates the 100th anniversary of its founding. encourage the voluntary recitation of the people rather than a commodity. Endicott- f Pledge in public school classrooms. I also Johnson workers were given benefits such as voted in favor of an amendment offered by profit sharing in the company, financial help CONGRATULATING MR. RON Rep. Hostettler to H.R. 2799, the Commerce, when they needed it during an emergency LANEY Justice and State and Related Agencies Ap- such as an illness or a death in the family, propriations bill, which prohibited any funds and Endicott-Johnson was also one of the first HON. TOM DAVIS appropriated by the bill being used to enforce companies who shortened the work day from OF VIRGINIA 1 the court’s decision in Newdow v. U.S. Con- 9 ⁄2 to 8 hours a day with wages remaining IN THE HOUSE OF REPRESENTATIVES gress. the same. Employees were so pleased with In the 107th Congress, I voted in favor of H. their working conditions that they felt it was Monday, July 24, 2006 Res. 459, which expressed the view of the unnecessary to join a union and, while fac- Mr. TOM DAVIS of Virginia. Mr. Speaker, I House of Representatives that the 9th Circuit tories nationwide were experiencing violent rise today to recognize Mr. Ron Laney for his Court of Appeals’ original decision in Newdow riots Endicott-Johnson’s workers and manage- forward-looking leadership and commitment to v. U.S. Congress to strike the words ‘‘under ment enjoyed a respectful harmonious rela- child protection. God’’ from the Pledge of Allegiance was incor- tionship. In addition to the fairness shown to After retiring trom the Marine Corps as a re- rectly decided. Similarly, I strongly supported the employees, Endicott-Johnson was also sult of injuries sustained during combat in

VerDate Aug 31 2005 04:45 Jul 25, 2006 Jkt 049060 PO 00000 Frm 00007 Fmt 0626 Sfmt 9920 E:\CR\FM\A24JY8.023 E24JYPT1 ccoleman on PROD1PC71 with REMARKS E1500 CONGRESSIONAL RECORD — Extensions of Remarks July 24, 2006 Vietnam, Ron Laney worked his way through HONORING MIKE JUNE hibits voter discrimination, is permanent Fed- college as a juvenile probation counselor, eral law. It never needs reauthorization. How- earning a degree in criminology and a masters HON. MICHAEL BILIRAKIS ever, certain provisions of the Act (Sections 6– in criminal justice. Mr. Laney soon found his OF FLORIDA 9 and Section 203), which were meant to be calling in policy development at the Federal IN THE HOUSE OF REPRESENTATIVES temporary and periodically reviewed by Con- Government’s Law Enforcement Assistance gress, are due to expire a year from now—not Agency, LEAA. Continuing his career in public Monday, July 24, 2006 today, this month or even this year. service, he joined the Office of Juvenile Jus- Mr. BILIRAKIS. Mr. Speaker, I rise today to When enacted in 1965, the Voting Rights tice Delinquency Prevention, OJJDP, as a law honor Mike June, a man of tremendous cour- Act played a critical role in granting equal enforcement program manager. Mr. Laney age and spirit who recently passed away. rights to all Americans to cast their ballots. At quickly made his presence known developing Michael John June was many things to that point in our Nation’s history, some juris- OJJDP’s first law enforcement training pro- many people. He was a son. He was a hus- dictions used extraordinary voter suppression gram entitled Police Operations Leading to Im- band. He was a father. He was a brother. He devices like poll taxes and literacy tests that proved Children and Youth Services, POLICY. was a friend. All who knew and loved him will were designed to discriminate against minority Mr. Laney continued to develop new and tell you that he was as kind-hearted, gen- voters and indeed had that effect. Congress dynamic programs for the Federal Law En- erous, and unselfish an individual as there rightly responded in kind with extraordinary forcement Training Center, including Child ever was. remedies that were deemed emergency provi- Abuse and Exploitation Investigative Tech- Mike also was a constituent of mine, and a sions. The emergency or temporary provisions niques, CAE; Managing Juvenile Operations, hard-nosed football coach at Palm Harbor Uni- of the VRA include Section 5, which requires Gang Investigations, and Gang and Drug Pol- versity High School, near my congressional certain covered jurisdictions to pre-clear any icy; and School Administrator for Effective-Pol- district. Mike was always determined and fo- change in their election laws or procedures icy, SAFE–Policy, which is one of the first cused on winning, though he cared deeply for with the Department of Justice. This means comprehensive interagency efforts to improve his players and wore his emotions on his relocating a ballot booth in one neighborhood school and community safety. For approxi- sleeve. He sometimes cried, after both wins can require Federal approval. It also includes mately 10 years, Ron trained over 96,000 par- and losses, but often displayed the trademark Section 203, added in 1975, mandating that ticipants including law enforcement, legal pro- smile that lurked just below his handlebar ballots in certain jurisdictions be provided in fessionals, social service personnel, as well as mustache, especially when his players per- languages other than English. medical and other child protection and en- formed as he knew they could. Unfortunately, H.R. 9 is significantly flawed. forcement professionals. Mike also had an ebullient personality and For example, H.R. 9 does not simply re-au- thorize Section 5 of VRA but makes significant In 1998, Congress appropriated funding to can-do attitude. He was diagnosed with leu- changes to the section. Specifically, it requires combat child exploitation through the internet. kemia in November 2002, yet was coaching that for Section 5 pre-clearance that minorities Mr. Laney seized upon this opportunity to cre- his boys the following season. His best friend as a group, not as individuals, be allowed to ate a national prototype program, called the and former college roommate observed that, elect their preferred candidate of choice. Legal Internet Crimes Against Children Task Force ‘‘it seemed like there was nothing that could scholars disagree on the meaning of this Program, ICAC. Initially, the ICAC Program get him down.’’ Mike kept coaching and teach- phrase but many interpret it to mean that consisted of 10 regional task forces made up ing, even when his cancer returned and his states will now be forced in decennial Con- of local, State, and Federal agencies all work- doctors told him that he was risking death by gressional redistricting to maximize the num- ing together to provide expertise to investigate doing so. He did so because, as one of his ber of districts where a certain political party child sexual exploitation via the internet. The former players has commented, ‘‘he loved to wins. For example, in the recent Texas redis- ICAC Task Force now also provides commu- give what he had.’’ tricting case it was found that if most members nity outreach programs to teach children and Those who cared for Mike in his final days of a minority group vote Democratic, they are parents of the dangers of internet usage, and have said that, despite his serious illness, he entitled to a district that elects a Democrat. If has expanded to include 46 regional task did not pity himself or lament the hand he had a minority candidate wins the district, that is forces, with over 500 local, state, and federal been dealt. In fact, when asked how he was not sufficient. It must be a Democrat minority law enforcement officers covering all areas of doing, he always replied ‘‘excellent.’’ candidate. That is not a voting right; it is a vot- the United States. Since ICAC’s creation, in- Mr. Speaker, Mike June loved his wife ing wrong. No less a legal authority than vestigations of sexual victimization of children Paula, and his children Mike, Max, Matthew, former Solicitor General Ted Olson has stated involving the use of internet technology have Mitchell, and Mia. I hope the sadness that they and those who cared about him feel at the following: spanned the globe and have sparked the ‘‘For forty-one years, the Voting Rights Act training of other foreign governments on ICAC his passing will one day be eclipsed by the joy of knowing that his legacy will live on in those has focused on protecting voters’ rights to cast techniques. The ICAC programs have come to a ballot by forbidding States from adopting represent the most comprehensive effort to who were fortunate enough to have known him. May God bless his soul and may He laws that ‘abridge[] the right to vote on ac- recognize, investigate, and prosecute adult count of race or color.’ The new version of the child sex offenders using internet technology. watch over his family. f Voting Rights Act, however, risks shifting the In addition to working to create the ICAC, Act’s focus to protect politicians’ interests in Mr. Laney contributed to the development of FANNIE LOU HAMER, ROSA holding office, by entrenching preferred can- the Amber Alert program, advocated for the PARKS, AND CORETTA SCOTT didates of choice. I believe that most Ameri- National Center for Missing and Exploited KING VOTING RIGHTS ACT REAU- cans would agree that the Voting Rights Act Children and provided policy and funding as- THORIZATION AND AMENDMENTS should be used to protect voters’ access to sistance for the American Prosecutors’ re- ACT OF 2006 the ballot box, not to protect incumbents’ re- search institute. Throughout his exemplary election chances.’’ civil service career, Mr. Laney has provided SPEECH OF Thus, Section 5 should be reauthorized as outstanding leadership, advice, and sound HON. JEB HENSARLING is without this new language. professional judgment to his colleagues. Mr. Another flaw of H.R. 9 is that it preserves OF TEXAS Laney’s commitment to child protection for 40-year-old criteria (based on the 1964, ’68, IN THE HOUSE OF REPRESENTATIVES over 30 years is evidenced by the training of and ’72 presidential elections) to determine over 500,000 child protection specialists trom Thursday, July 13, 2006 which states and counties are subject to provi- multiple disciplines. Additionally, he has pro- The House in Committee of the Whole sions of the VRA. But minority-voting patterns vided training to educators and school admin- House on the State of the Union had under are now dramatically different than they were istrators impacting the safety of over 750,000 consideration the bill (H.R. 9) to amend the 40 years ago. For example, today in Georgia, K–12 students. Mr. Laney’s legacy to our soci- Voting Rights Act of 1965: blacks are more likely than whites to register ety is the protection of our children and advo- Mr. HENSARLING. Mr. Chairman, on July to vote and to exercise their right to vote. The cacy for abused children and their parents. 13, I reluctantly voted against H.R. 9, a bill VRA should be used to protect voting rights Mr. Speaker, in closing, I call upon my col- that significantly altered the Voting Rights Act everywhere, not just the South and a handful leagues to join me in applauding his past ac- (VRA). Contrary to popular opinion, H.R. 9 did of other counties. Discrimination today can complishments and wishing him the best of not represent a time-critical reauthorization of happen just as easily in Michigan or New Jer- luck in all future endeavors. the Voting Rights Act. The VRA, which pro- sey as it can in Texas or Georgia. Unless this

VerDate Aug 31 2005 04:45 Jul 25, 2006 Jkt 049060 PO 00000 Frm 00008 Fmt 0626 Sfmt 9920 E:\CR\FM\A24JY8.027 E24JYPT1 ccoleman on PROD1PC71 with REMARKS July 24, 2006 CONGRESSIONAL RECORD — Extensions of Remarks E1501 section is changed, many of our grandchildren FANNIE LOU HAMER, ROSA resents. I believe the best way to honor the will continue to be punished for the sins of our PARKS, AND CORETTA SCOTT American flag is not to wrap ourselves in it, grandfathers. That should not happen in KING VOTING RIGHTS ACT REAU- but to respect and honor the values for which America. THORIZATION AND AMENDMENTS it stands. That our Nation can tolerate dis- ACT OF 2006 Using election data from 1964—when 60% respect for our flag is proof of the enduring strength of our Nation. It is proof to me that of Americans today were not even alive—to SPEECH OF determine discrimination patterns today is ours is the greatest nation on earth. I served in the U.S. Army and Army Re- deeply troubling and raises questions as to the HON. STEVE ISRAEL serves. I know how deeply our veterans love fairness and constitutionality of the legislation. OF NEW YORK and revere our flag. I share those feelings for The criteria should be updated to the relevant IN THE HOUSE OF REPRESENTATIVES our flag and all that it represents. last three presidential elections to assure Thursday, July 13, 2006 Our democracy has withstood many tests equal protection under the law. The House in Committee of the Whole over time, and has been strengthened as a re- Finally, I continue to believe that section House on the State of the Union had under sult. There is no more important protection 203 is bad public policy. In America, English consideration the bill (H.R. 9) to amend the provided by the First Amendment than its pro- is the language of opportunity. This common Voting Rights Act of 1965: tection of political speech and expression. language binds us together as a people and Mr. ISRAEL. Mr. Chairman, I rise today in In a letter to Senator PATRICK LEAHY of strengthens us as a Nation. We must continue strong support of H.R. 9, the Fannie Lou Vermont dated May 18, 1999, former Sec- to emphasize the importance of learning Hamer, Rosa Parks and Coretta Scott King retary of State (then General) Colin L. Powell English to those integrating into American so- Voting Rights Act Reauthorization and Amend- wrote to express his concerns regarding a ciety and culture. This is important to them ments. Since its enactment in August of 1965, constitutional amendment banning flag burn- and critical to the Nation as a whole. Those the Voting Rights Act (VRA) has helped bring ing: ‘‘The First Amendment exists to insure entering the country illegally clearly are not al- us closer to realizing the true spirit of the 15th that freedom of speech and expression ap- lowed to vote and naturalized citizens must Amendment to the Constitution, which guaran- plies not just to that with which we agree or demonstrate English proficiency before be- tees all American citizens the quintessential disagree, but also that which we find out- coming Americans. Thus, contrary to popular democratic right to vote. Today we’ll vote to rageous. I would not amend that great shield notions, there are relatively few Americans not reauthorize expiring provisions of the VRA and of democracy to hammer a few miscreants. sufficiently proficient with English to cast a bal- by doing so send a signal that we will not tol- The flag will still be flying proudly long after lot. Those that are not already have their vot- erate discrimination at the polls. they have slunk away. . . . If I were a mem- ing rights protected by laws permitting them to Some of our colleagues will rise today to ber of Congress, I would not vote for the pro- bring a translator into the voting booth with offer amendments that would weaken the posed amendment. . . . ’’ them. If a city or state wishes to print multiple VRA. I am opposed to any attempts to dilute I agree wholeheartedly with Colin Powell’s ballots in numerous languages the Federal the intent and spirit of the VRA by weakening statement, and believe it applies here as well. Government should not prevent them from Section 5 of the bill. Section 5 ensures that The Pledge of Allegiance is an invaluable part doing so. On the other hand, the federal gov- the Federal Government will take a closer look of our national heritage, but we must also bear ernment should not mandate that they do it ei- at election practices in states and localities in mind the immeasurable significance of the ther. Simply put, taxpayers should not be com- with a history of discrimination at the polls. First Amendment to the United States Con- pelled by federal law to pay for printing ballots Our Nation has made a great deal of stitution. in languages other than English. progress since 1965 when the VRA was first Finally, I have deep concerns about current signed into law by President Johnson. But efforts to deny the Federal courts, including The amendments that I supported to short- the Supreme Court, the ability to review the en the bill’s extension to 10 years, apply the some municipalities continue to make it dif- ficult, intentionally or otherwise, for ethnic and constitutionality of our Federal laws. I believe VRA fairly and nationwide, remove jurisdic- racial minority voters to register and vote. The preserving our three-branch system of govern- tions from coverage when they have shown a great civil rights leaders of the 1960s, includ- ment is in our Nation’s best interest. consistent respect for the voting rights of mi- ing our distinguished colleague Rep. JOHN f nority citizens, and end a requirement forcing LEWIS, worked tirelessly to fight discrimination taxpayers to pay for ballots in languages other CONGRATULATING LAKE COUNTY in all aspects our society. They knew then, than English—would have greatly improved ELECTRICIANS JATC CLASS OF and we know now, that the right of all Ameri- this bill. I hope that appropriate changes are 2006 GRADUATES cans to vote is the cornerstone of our democ- made to strengthen this bill, so that I am able racy. We must continue their great legacy and to vote for final passage when it comes back pass the bill before us today without amend- HON. PETER J. VISCLOSKY to the House. ment. OF INDIANA There is no doubt that the debate over the f IN THE HOUSE OF REPRESENTATIVES Voting Rights Act is an emotional one. For Monday, July 24, 2006 many Americans it has become and icon and PLEDGE PROTECTION ACT OF 2005 rightfully so. The VRA has been a critical Mr. VISCLOSKY. Mr. Speaker, it is with weapon in the struggle for civil rights and SPEECH OF great sincerity and admiration that I offer con- equal opportunity and should remain so. But HON. DENNIS MOORE gratulations to several of Northwest Indiana’s the emergency provisions were written in a dif- most talented, dedicated, and hardworking in- OF KANSAS dividuals. On Friday, July 28, 2006, the Lake ferent time to address a different set of chal- IN THE HOUSE OF REPRESENTATIVES County Electricians Joint Apprenticeship and lenges. There is danger in allowing symbolism Training Committee, JATC, of the International to overcome reality and principle. Wednesday, July 19, 2006 Brotherhood of Electrical Workers and the Na- This is not a vote I took lightly. I know too The House in Committee of the Whole House on the State of the Union had under tional Electrical Contractors Association will often in America that when the accusation is consideration the bill (H.R. 2389) to amend honor the class of 2006 at their annual Ap- racism, one may wrongly be considered guilty title 28, United States Code, with respect to prentice Completion Banquet, which will be until proven innocent. I regret the phenomena the jurisdiction of Federal courts over cer- held at the Avalon Manor Banquet Hall in Ho- but will not let it dictate my conscience. Every- tain cases and controversies involving the bart, Indiana. day we should not only work to root out racial Pledge of Allegiance: This year, the Lake County Electricians discrimination but should work to reduce race Mr. MOORE of Kansas. Mr. Chairman, on JATC will be recognizing and honoring the fol- consciousness as well. As Supreme Court July 19, 2006, I voted against H.R. 2389, the lowing graduates, who have completed the ap- Chief Justice Roberts opined in the case Pledge Protection Act of 2005. prentice training: Nicholas Bacan, Daniel LVLAC v. Perry: ‘‘It is a sordid business, this The American flag is a symbol of liberty and Boyd, Glen Britton, Nicholas Cardaras, divvying us up by race.’’ I agree. Instead we justice, of freedom of speech and expression, Gonzaliev Castillo, Robert Coleman, James should all work together to achieve Martin Lu- as well as the other freedoms we cherish Crocker, David Delaney, Oliver Ewing, Jason ther King, Jr’s goal of achieving a society that which are guaranteed in the Bill of Rights. But M. Gallion, Nathan Gombus, Nathan judges our children ‘‘not by the color of their even more important than the symbol are the Gonzales, Eric Hardesty, Jeremy Huber, Mark skin but by the content of their character.’’ ideals and principles that the symbol rep- Jackson, Eric Kociara, Craig B. Konopasek,

VerDate Aug 31 2005 04:45 Jul 25, 2006 Jkt 049060 PO 00000 Frm 00009 Fmt 0626 Sfmt 9920 E:\CR\FM\A24JY8.030 E24JYPT1 ccoleman on PROD1PC71 with REMARKS E1502 CONGRESSIONAL RECORD — Extensions of Remarks July 24, 2006 Travis Link, Jesus Luna, James Mola, William husband, Woody, suffered the tragic loss of W.C. Handy’s legacy and the area’s rich musi- Parsons, David Petrashevich, Geoffery Rich- her son Joshua on Wednesday, July 12, 2006. cal heritage. Thousands of musical patrons ards, Elliot Rosenberry, John Santana, Jared By all accounts, Joshua was an outstanding are entertained through more than 200 events Solan, Jonathan Steuer, Nicholas Vlasich, and young man who will be truly missed by his at locations throughout the Shoals. Musical Keith Winston. family and friends. Joshua was a 1998 grad- acts range from a wide variety of blues, jazz, Northwest Indiana has a rich history of ex- uate of Saint Joseph’s College of Rensselaer, gospel, R&B, soul, and country acts. The art- cellence in its craftsmanship and loyalty by its Indiana. In 1995, Joshua ventured to Tan- ists perform live in local restaurants, night- tradesmen. These outstanding graduates all zania, Africa with a priest from Saint Joseph’s, clubs, theatres, parks, libraries, art galleries, exemplify these traits. They have mastered where he continued his education and volun- churches, malls, museums, and street corners their trade and have demonstrated their loyalty teered in a leper colony to help those most in throughout the region. to both the union and the community through need. The Festival, which began in 1982 featuring their commitment, hard work, and selfless sac- Joshua was employed at Humana, Inc., jazz legend Dizzy Gillespie, has continued to rifice. Louisville, Kentucky, where he was clearly a grow each year. Past headlining acts have in- Mr. Speaker, I ask that you and my other valued employee. Upon hearing the sad news, cluded Clarence Carter, the Manhattan Trans- distinguished colleagues join me in congratu- Humana issued the following statement: fer, and Percy Sledge. In its 25-year history, lating these committed, hardworking individ- ‘‘Joshua was an exemplary Humana asso- National Geographic, the Southeast Tourism uals. Along with the other extraordinary men ciate, beloved by his colleagues and held in Society, Travelocity.com, the Atlanta Com- and women of Northwest Indiana’s unions, high esteem by his supervisors. We are deep- mittee for the Olympic Games, and the Ala- these individuals have contributed in many ly saddened by his death and extend our bama Bureau of Tourism and Travel have rec- ways to the growth and development of the thoughts, prayers and heartfelt sympathy to ognized the festival as one of the top events economy in Indiana’s First Congressional Dis- his family.’’ in the South. trict, and I am very proud to represent them in Funeral services were held for Joshua at Mr. Speaker, I proudly rise today to con- Washington, DC. Holy Spirit Catholic Church, Louisville, Ken- gratulate and applaud the efforts of the Music tucky, on Saturday, July 15, 2006. Joshua is Preservation Society Board of Directors and f survived by his parents, ANNE and Woody staff, and the festival’s volunteers and musi- COMMENDING THE CHILDREN’S NORTHUP, and five brothers and sisters: David, cians who make this celebration of the cultural INN AT THE NATIONAL INSTI- Katie, Kevin, Mark and Erin. heritage of northwest Alabama a reality each TUTES OF HEALTH On behalf of the entire congressional dele- year. gation from Kentucky, as well as her col- f HON. CHRIS VAN HOLLEN leagues from across the Nation, we offer our most sincere condolences to the entire MARRIAGE PROTECTION OF MARYLAND Northup family. AMENDMENT IN THE HOUSE OF REPRESENTATIVES f SPEECH OF Monday, July 24, 2006 CONGRATULATING THE ORGA- HON. HENRY A. WAXMAN Mr. VAN HOLLEN. Mr. Speaker, I rise today NIZERS, PARTICIPANTS, AND PA- to commend The Children’s Inn at the National OF CALIFORNIA TRONS OF THE 25TH ANNUAL IN THE HOUSE OF REPRESENTATIVES Institutes of Health, an extraordinary organiza- W.C. HANDY MUSIC FESTIVAL tion in my congressional district, which has Tuesday, July 18, 2006 worked for many years to provide a warm, HON. ROBERT E. (BUD) CRAMER, JR. Mr. WAXMAN. Mr. Speaker, I rise to ex- supportive home environment for seriously ill press my strong opposition to House Joint OF ALABAMA children and families seeking cutting-edge IN THE HOUSE OF REPRESENTATIVES Resolution 88, which would amend our Con- treatment at the NIH. stitution to deny basic rights to gays and les- Since it opened in June 1990, The Chil- Monday, July 24, 2006 bians. I would like to express my disappoint- dren’s Inn has provided free lodgings to over Mr. CRAMER. Mr. Speaker, I rise today to ment in the Republican leadership for once 6,000 children and their families. The true ex- congratulate the organizers, participants, and again bringing this divisive and discriminatory tent of its services, however, goes far beyond patrons of the 25th Annual W.C. Handy Music amendment before Congress. the mere provision of living accommodations. Festival, which begins on July 21 and lasts Our Constitution has guided our Nation for By bringing seriously ill children and their fami- until July 30. over 200 years. During that time, it has been lies together in a warm, lively community that The W.C. Handy Festival is named after amended to guarantee religious liberty, equal provides camaraderie and understanding, The Florence, Alabama, native William Christopher protection, and the right to vote. Not once has Children’s Inn has created invaluable support Handy. Mr. Handy, who is remembered today it been amended to take away rights from a networks and friendships for children who face as the ‘‘Father of Blues,’’ was born in 1873 in specific group of people. Yet that is what this daily and often overwhelming challenges. a log cabin that his grandfather built. He left legislation would do. As we begin National Hospitality House Florence in 1892, settling in Memphis, Ten- Of course, this constitutional amendment Week, I am pleased to recognize and pay trib- nessee, where he penned his most recognized will not be adopted; it failed to garner even a ute to The Children’s Inn and its staff and vol- composition, ‘‘St. Louis Blues.’’ Before his simple majority only weeks ago in the Senate. unteers for their selfless commitment to some death in 1958, W.C. Handy wrote over 150 We are wasting our time on this because Re- of the youngest and most fragile members of songs and his widespread appeal is credited publican pollsters have concluded that tar- our community. Their generosity of spirit is in- with popularizing blues music into America’s geting gays and lesbians is a winning election spiring and, through their actions, they serve cultural mainstream. strategy. as role models to so many others. Mr. Speaker, beginning with the birth of Mr. Mr. Speaker, our fellow citizens deserve Mr. Speaker, I am proud to represent this Handy and continuing today, the Shoals Re- better. Same-sex couples are trying to raise special place—The Children’s Inn at the Na- gion of Northwest Alabama has a storied mu- families, pay the bills, get health care for their tional Institutes of Health—and to honor it sical history. The Shoals area is also the birth- partners, and put their kids through college. today. place of the ‘‘Father of Rock and Roll’’ Sam Instead of working to help them, we are debat- f Phillips, who discovered artists such as Elvis ing whether to permanently deny them over Presley, Johnny Cash, and Jerry Lee Lewis. 1,000 rights and benefits given to married het- CONDOLENCES TO THE NORTHUP The region is also the home of the Alabama erosexual couples. We should be striving for FAMILY Music Hall of Fame, as well as generations of fairness and equality, not singling them out for musicians, composers, songwriters, and inter- discrimination. HON. HAROLD ROGERS nationally recognized recording studios and Americans are sick and tired of political OF KENTUCKY producers. Over the last 50 years, musical gamesmanship. They want a Congress that IN THE HOUSE OF REPRESENTATIVES legends such as Aretha Franklin, the Rolling will address the real challenges our Nation Stones, and some of today’s musical super- faces: health care, energy security, education, Monday, July 24, 2006 stars have recorded many of their biggest hits economic opportunity. The Republican leader- Mr. ROGERS of Kentucky. Mr. Speaker, my in the area. ship has once again let down the American colleague from Kentucky’s Third Congres- Each year, the Music Preservation Society people, and I urge my colleagues to reject this sional District, ANNE NORTHUP, along with her organizes this unique festival to pay tribute to effort to distract and divide.

VerDate Aug 31 2005 04:45 Jul 25, 2006 Jkt 049060 PO 00000 Frm 00010 Fmt 0626 Sfmt 9920 E:\CR\FM\A24JY8.033 E24JYPT1 ccoleman on PROD1PC71 with REMARKS July 24, 2006 CONGRESSIONAL RECORD — Extensions of Remarks E1503 PAYING TRIBUTE TO JOHN T. Seeley’s passing leaves a gap in all of our members and the challenges of curtailed fund- CASEY ON THE OCCASION OF HIS lives, for his wife Pat particularly because no ing. 80TH BIRTHDAY marriage could be closer; ours because no In 2003, Mr. Wood spearheaded an out- friend could be more counted upon for trusted standing effort to accomplish rapid repair of a HON. MAURICE D. HINCHEY support and sage advice. nearly mile-wide breach in Hatteras Island OF NEW YORK He will be much missed because he stood caused by Hurricane Isabel. During this period IN THE HOUSE OF REPRESENTATIVES so steadfastly for the values in American poli- he was recognized with two Commanders tics that seems so forgotten—loyalty, decency, Awards for Civilian Service. Monday, July 24, 2006 respect. In 2004, Mr. Wood stepped up permanently Mr. HINCHEY. Mr. Speaker, I rise today to f as the Deputy for Project and Programs Man- extend warm birthday wishes and to pay trib- agement, and has since been a key leader in ute to a dear friend and great man, Mr. John IN RECOGNITION OF MR. BENNIE a period of significant change for the Wil- T. Casey. F. WOOD II mington District. As the South Atlantic Division John will not turn 80 years old until August approached regionalization, he has been at 17, but I want to take this opportunity to honor HON. WALTER B. JONES the forefront of the change effort, and has him before the House of Representatives ad- OF NORTH CAROLINA played an important role in empowering the journs for the month of August. IN THE HOUSE OF REPRESENTATIVES district to take on its new roles as the Engi- As many of his friends would tell you, John Monday, July 24, 2006 neering and Planning Center for the Savan- is a very civic-minded man. He was an active nah-Charleston-Jacksonville triad. He has also member of the Town of Gardiner Democratic Mr. JONES of North Carolina. Mr. Speaker, provided firm and supportive leadership as the Committee for 35 years, of which he served I rise today to recognize Mr. Bennie F. Wood District undertook the challenges of imple- as its chairman for 22 years. It was in this ca- II, the recipient of the Meritorious Civilian menting the P2 system, and has kept many pacity that I came to know him when I ran for Service Award for 37 years of Federal service. key projects on track through a period of war- a seat in the New York State Assembly in the This July, Mr. Wood completes a distin- time budget constraints. Mr. Wood’s diplomacy early 1970s. I truly appreciated and valued the guished 37-year career in Federal service that and broad knowledge of the Corps have support and encouragement that John gave began with student service in 1969. After a proved an asset as the District works with me, and am happy to say it was the start of brief stint with a private engineering firm fol- many local and national elected officials, and a wonderful and long lasting friendship. lowing his graduation from the University of stakeholders. His leadership has been critical His contributions weren’t limited to the Virginia, he entered Federal service as a Civil to the District’s continued standing as a ‘‘first Democratic Party. John was equally dedicated Engineer with the Public Works Department of among equals.’’ to improving the lives of working Americans the U.S. Naval Academy in Annapolis, Mary- His distinguished career brings great credit through the labor movement. He and I share land. upon himself, the U.S. Army Corps of Engi- the belief that good jobs, fair wages and true Mr. Wood continued with NAVFAC until neers and the United States Army. economic opportunity must be realized for 1976, leaving his position as MILCON Project As a member of Congress who has had the every single American. This is a message that Manager for the Chesapeake Region to under- pleasure of working with Mr. Wood, I can hon- must be carried to every comer of this nation, take more than two decades of service to the estly say that the American taxpayer has been and John carried this out as a member of the U.S. Army Corps of Engineers’ substantial na- well-served by his dedication and commitment International Brotherhood of Teamsters, local tion building efforts in the Middle East. He to excellence. #445. Not only was he a member of the held progressively more responsible positions, It is an honor to offer my heartfelt congratu- Teamsters for almost 50 years, starting out as and served overseas in Dhahran, Saudi Ara- lations to Mr. Wood upon the completion of his a shop steward, he also served as its presi- bia, and Kuwait during the first Gulf War. distinguished 37-year career, and to extend dent from the mid-1970’s to 1980. He returned to the U.S. to become Chief of my sincere thanks for his service to our nation John proudly served his country in the U.S. Engineering and Construction Management and to the state of North Carolina. Directorate and later, the Assistant Deputy for Army from 1944 to 1946, serving as a master f sergeant in Holland, France and Germany dur- Programs and Project Management at Trans- ing World War II, and is a member and past atlantic Program Center. During this period, PLEDGE PROTECTION ACT OF 2005 commander of the American Legion Post 176 Mr. Wood received two Commanders Awards in New Paltz, New York. Additionally, John for Civilian Service and, in 1991, a Superior SPEECH OF also served his community as chairman of the Civilian Service Award. HON. BETTY McCOLLUM Board of Fire Commissioners in Gardiner, and With all these years of military construction and overseas project management behind OF MINNESOTA is a life member of its fire company. This is a IN THE HOUSE OF REPRESENTATIVES man who has dedicated himself to the better- him, Mr. Wood made a bold move in 1999 to ment of the community and for that we will al- enter the Corps’ Civil Works arena for the first Wednesday, July 19, 2006 ways be grateful. time as the Wilmington District’s Chief of The House in Committee of the Whole Happy birthday friend, I’m honored to share Technical Services Division. Determined to House on the State of the Union had under your day with you. bring his overseas experience back home in consideration the bill (H.R. 2389) to amend the service of the nation’s water resources, title 28, United States Code, with respect to f Mr. Wood vigorously led a highly successful the jurisdiction of Federal courts over cer- TRIBUTE TO SEELEY LODWICK effort to push ahead with the long-awaited Wil- tain cases and controversies involving the mington Harbor Channel Deepening Project. Pledge of Allegiance: HON. JAMES A. LEACH This multi-contract, multi-phase project called Ms. MCCOLLUM of Minnesota. Mr. Chair- OF IOWA on his leadership skills and elicited out- man, I rise to express my opposition to H.R. IN THE HOUSE OF REPRESENTATIVES standing efforts from his team of engineers, 2389, the Pledge Protection Act of 2005. This construction managers and environmentalists. legislation does nothing to address the real Monday, July 24, 2006 Mr. Wood was a vital part of the leadership issues facing families in America today, and Mr. LEACH. Mr. Speaker, I rise to inform team that kept this and other District projects serves merely to distract and delay Congress the House of the passing of one of lowa’s on track, despite the challenges and disrup- from efforts to vote on issues that would actu- most distinguished leaders of the 20th century, tions brought about by the terrorist attacks of ally impact the daily lives of our constituents. Seeley Lodwick. 9/11/2001 and the following military actions in This bill failed to pass out of the Judiciary Seeley’s was a life of public service—a Ma- the Gulf Region. Committee, and yet, we are voting on it today rine in the greatest war in human history; a In 2002, he was called upon to act as the on the Floor of the People’s House, an event farm leader during the greatest era of innova- District’s Deputy for Project and Programs without precedence according to the Parlia- tion and change in agriculture; a public serv- Management, while the serving Deputy and mentarian. The Majority is taking this extraor- ant who served in both our State and national other team members deployed to Kuwait and dinary action not for an issue that will affect capitols; and a political activist who helped Iraq in advance of the U.S. military effort the daily lives of American families—but for a elect presidents and legislators. there. His leadership during this crucial time blatantly political debate in an election-year at- Seeley will be remembered as a gentleman kept the District’s projects and programs mov- tempt to appeal to their base. My constituents of the soil, a son of Iowa, a true friend. ing ahead despite the absence of key staff are concerned about the conflict in the Middle

VerDate Aug 31 2005 04:45 Jul 25, 2006 Jkt 049060 PO 00000 Frm 00011 Fmt 0626 Sfmt 9920 E:\CR\FM\A24JY8.038 E24JYPT1 ccoleman on PROD1PC71 with REMARKS E1504 CONGRESSIONAL RECORD — Extensions of Remarks July 24, 2006 East, earning a living wage, accessing afford- sole anesthesia providers in approximately 75 system harmfully favoring one provider over able health care and relief from sky-rocketing percent of all rural hospitals, affording these another. gas prices. Minnesotans in the 4th District medical facilities obstetrical, surgical and trau- Mr. Speaker, I hope my colleagues will join have made it clear that Congress should get ma stabilization services. me today in recognizing the outgoing Presi- to work on the priority issues of this country, Brian Thorson has done a remarkable job dent of the American Association of Nurse An- rather than continue to play political games. as National President of the AANA, bringing esthetists, Mr. Brian Thorson, CRNA, MA, for H.R. 2389 would remove the Pledge of Alle- his training, skills and hands-on experience to his notable career and outstanding achieve- giance from the jurisdiction of federal courts. the job. He was educated in the art and ments. This bill is an attempt by Republicans to strip science of Nurse Anesthesia at the St. Paul- our federal courts of their power to rule over Ramsey School of Nurse Anesthesiology in St. f issues of Constitutional relevance, and to tell Paul, Minnesota, and earned his Bachelor of HONORING THE LIFE OF GEORGE our federal courts that their expertise on Con- Science in Nursing (BSN) from Winona Uni- stitutional freedoms is irrelevant. Our system versity in Winona, Minnesota. In addition, Mr. BAHAMONDE of checks and balances was constructed by Thorson also holds a Master of Arts (MA) de- our Founders for this specific reason—to re- gree in Curriculum Development and Instruc- HON. JOHN B. LARSON tain the independence of the Courts, and their tion from the College of St. Thomas in St. OF CONNECTICUT ability to rule justly and uphold the rule of law Paul, Minnesota, and an additional Bachelors IN THE HOUSE OF REPRESENTATIVES in this great country. As Justice Sandra Day of Science from the College of Health Monday, July 24, 2006 O’Connor stated last year, the effectiveness of Sciences at the University of Minnesota, in the federal courts relies on the knowledge that Minneapolis, where he graduated summa cum Mr. LARSON of Connecticut. Mr. Speaker, they will not be subject to retaliation for their laude. Currently, he is a Staff Anesthetist with- the First Congressional District lost a great rulings. in the Department of Anesthesia at Hennepin friend, supporter, and leader this past week. Representative MEL WATT offered an County Medical Center, which provides anes- George Bahamonde, President and CEO of amendment today to this bill that, had it thesia services in and around the Minneapolis the United Way of the Capital Area, died sud- passed, would have allowed the Supreme area. In an effort to make certain that those denly on Thursday while on vacation in Maine. Court to hear cases regarding the Pledge of citizens in the Minneapolis area are ensured George moved from Cuba to Bridgeport, Allegiance—in effect, reversing the negative access to needed care, Brian Thorson con- Connecticut with his family when he was 11. damage this bill will inflict if it passes. I sup- tinues to shape the future of nurse anesthesia He placed great value on education and re- ported Mr. WATT’s amendment, and am ex- by serving as a Clinical Instructor and didactic ceived his bachelor’s degree from the Univer- tremely disappointed that the majority of my faculty member at the Minneapolis School of sity of Bridgeport and earned a master’s de- colleagues did not do the same. Anesthesia in St. Louis Park, Minnesota and gree in business administration from the Uni- This bill is likely unconstitutional and debat- Saint Mary’s University of Minnesota. versity of Miami and a master’s degree in edu- ing it on the floor of the House today is an Mr. Thorson held various leadership posi- cation from Fairfield University. He stressed outrage considering the real issues facing tions in the AANA as President-Elect, Treas- the value of education throughout his career in American families. I urge my colleagues to join urer, and Regional Director before becoming public service and was especially proud of his me in opposing this legislation, upholding the the National President of the AANA in 2005. In work introducing the Girls and Boys Town system of justice our Founders intended, and addition, Brian has served terms as President, Well-managed Classroom training model to return to debating the issues we were elected President-Elect, Vice-President, Federal Polit- the Hartford school system. A five-year as- to resolve. ical Director, and as a Member of the Board sessment of the program showed that aca- f of Directors for the Minnesota Association of demic achievement had increased and school suspensions had decreased in the schools HONORING BRIAN D. THORSON, Nurse Anesthetists (MANA). He has also where it was implemented. CRNA, MA PRESIDENT OF THE served as the anesthesia representative to In 1970, George began a career in human AMERICAN ASSOCIATION OF both the Council of Minnesota Nursing Organi- service that lasted the remainder of his life. He NURSE ANESTHETISTS zations and the Minnesota Organization of Leaders in Nursing. started as a caseworker for Catholic Family Adding to his professional accomplishments, and Community Services in Bridgeport, then HON. JANICE D. SCHAKOWSKY Mr. Thorson has been recognized for speaking joined the United Way in 1972 at the United OF ILLINOIS on anesthesia-related topics over the years. Way of Eastern Fairfield County. He also IN THE HOUSE OF REPRESENTATIVES He has taken his experience and knowledge served the United Way of Puerto Rico, the Monday, July 24, 2006 from the workplace and AANA leadership United Way of Portland, Maine, the United Ms. SCHAKOWSKY. Mr. Speaker, I rise roles to lecture on political and academic an- Way of Aurora, Illinois, and the United Way of today to pay tribute to Brian Thorson, CRNA, esthesia-related topics before different profes- Greater Los Angeles. MA. Mr. Thorson will soon complete his year sional groups. During his AANA presidency, Connecticut was fortunate to see George re- as National President of the American Asso- Mr. Thorson has played important roles in ad- turn in 1994 to become President and CEO of ciation of Nurse Anesthetists (AANA). I am vocating for the practice of nurse anesthesia the United Way of the Capital Area. His vision very pleased that Mr. Thorson was tapped as and its patients before Medicare and other for the forty towns served by the United Way the 2005–2006 President of this prestigious federal agencies. He has worked tirelessly to was to improve the lives of children and fami- national organization, which I am proud to say help ensure that CRNAs have a seat at the lies and better community conditions. To this is headquartered in Park Ridge, Illinois, in the table in the development of a pay-for-perform- end, he created numerous initiatives and part- Congressional district that I represent. ance reimbursement model, increased com- nerships and worked tirelessly of their behalf. Celebrating its 75th Anniversary, the AANA munication among AANA members, promoted George worked as easily with nonprofit organi- is the professional organization that represents anesthesia patient safety through vigorous zations as he did with corporate donors. more than 36,000 practicing Certified Reg- participation in the interdisciplinary National What truly made George special though was istered Nurse Anesthetists (CRNAs) across Quality Forum (NQF), and advanced principles not just that he cared about the communities the country. Founded in 1931, the AANA has of wellness among practitioners in this high- he served, he cared about each individual in ably served the interests of CRNAs and the stress profession. In addition, under Mr. those communities. He was a great friend to patients who rely on them for quality care. Thorson’s leadership and direction, AANA tes- many and will be remembered for his quick CRNAs are anesthesia professionals who ad- tified before three House subcommittees about smile, his wit, and his professionalism. He was minister approximately 65 percent of all anes- the importance of nurse anesthesia education, always willing to share a laugh, talk baseball, thetics given to patients each year in the the roles and contributions of CRNAs in the or offer words of advice and encouragement. United States. They work in every setting in Veterans Affairs health system, and the dedi- Mr. Speaker, I ask the House to join me in which anesthesia is delivered, including hos- cation with which CRNAs have provided safe expressing condolences to George’s wife pital surgical suites and obstetrical delivery anesthesia care to members of the U.S. Jenny, his son Matthew, and the rest of his rooms, ambulatory surgical centers, and the Armed Forces at home and abroad. Finally, family. The Hartford area has lost a truly car- offices of dentists, podiatrists, and plastic sur- Brian Thorson has fought hard to maintain ing person and a quietly effective leader. How- geons. equality in teaching and instruction so that all ever, George’s work will be carried on by CRNAs provide anesthesia for all types of anesthesia professionals have the opportunity those who believe in his vision that we can surgical cases and, in some states, are the to provide the care patients need, without the make each person’s life better.

VerDate Aug 31 2005 04:45 Jul 25, 2006 Jkt 049060 PO 00000 Frm 00012 Fmt 0626 Sfmt 9920 E:\CR\FM\A24JY8.042 E24JYPT1 ccoleman on PROD1PC71 with REMARKS July 24, 2006 CONGRESSIONAL RECORD — Extensions of Remarks E1505 A DISPATCH FROM THE IRAQ WAR colleagues will benefit as I have from reading Today, as on every other day in Iraq, BATTLE GROUND: AIR FORCE ‘‘Forgotten Sacrifice.’’ American servicemen are in very real dan- ger. Our country is at war. Mothers, fathers, CAPTAIN F. JOHN DURESKY RE- [From The Washington Post, July 5, 2006] MINDS US: AMERICANS ARE wives, husbands and children are worrying FORGOTTEN SACRIFICE about their loved ones in a faraway land. DYING IN IRAQ (By F. John Duresky) They all hope he or she isn’t the one whose A few days ago, as I do every day in Iraq, luck runs out today. HON. CHARLES B. RANGEL I listened to the commander’s battle update. The writer is an Air Force captain sta- OF NEW YORK The briefer calmly and professionally de- tioned in Iraq. IN THE HOUSE OF REPRESENTATIVES scribed the day’s events. Somewhere in Iraq, f Monday, July 24, 2006 on some forgotten, dusty road, an insurgent fighting an occupying army detonated an im- IN MEMORY OF MAJOR GENERAL Mr. RANGEL. Mr. Speaker, I rise to enter provised explosive device (IED) under a T. ESTON MARCHANT into the RECORD a column by Air Force Cap- Humvee, killing an American soldier. The tain F. John Duresky, ‘‘Forgotten Sacrifice,’’ briefer fielded a question from the general HON. JOE WILSON and moved to the next item in the update. which appeared in the July 5, 2006 edition of OF SOUTH CAROLINA The Washington Post. The day before that, in America, a 15-year- IN THE HOUSE OF REPRESENTATIVES I have spoken out and written for more than old’s incredibly rich parents planned the big- three years about the unshared burden of the gest sweet 16 party ever. They will spend Monday, July 24, 2006 more than $200,000 on an opulent event Iraq war but never as eloquently and with marking a single year in an otherwise Mr. WILSON of South Carolina. Mr. Speak- such forceful imagery as Air Force Captain unremarkable life. The soon to-be–16 girl er, on Wednesday, July 19, I learned of the Duresky. One of the ‘‘boots on the ground’’ in doesn’t know where Iraq is and doesn’t care. death of MGT. Eston Marchant, Jr., and made Iraq, Captain Duresky is among the troops That same day an American soldier died in the following statement: President Bush likes to thank. He is one of the Iraq. It is with great sadness to learn of the troops who, according to the Hawks willing to Two days earlier, a 35-year-old man went death of Major General T. Eston Marchant. feed other people’s children into the killing shopping for home entertainment equip- One of the highlights of my life was for him field of Iraq, smile bravely from a hospital bed ment. He had the toughest time selecting the to help recruit me into the Army National at Walter Reid and promises that although he correct plasma screen; he could afford the Guard and I will always be grateful for the biggest and best of everything. In the end, he opportunity to serve for 29 years. has lost both legs, he is happy he served his had it installed by a specialty store. He country and wants nothing more than to go General Marchant was a model of military spent about $50,000 on the whole system. He professionalism who established South Caro- back and join his ‘‘buddies’’ still ‘‘in country.’’ has never met anybody serving in the mili- But Captain Duresky presents a problem for lina’s Army and Air Guard as among the tary nor served himself, but thinks we most competent in the world’s best military. the President. Unlike most of the hawks who should ‘‘turn the whole place into a parking They are now proving themselves by pro- have not ventured beyond the safety of the lot.’’ That day, another American soldier tecting American families in the Global War ‘‘green zone’’ in Iraq or seen the carnage of died in Iraq. on Terrorism. the battlefield, Captain Duresky can describe Three days earlier, some college students The Wilson Family extends its deepest the horror of war with the credibility of one had a great kegger. There were tons of babes sympathy to the Marchant Family. at the party, the music was awesome. Every- who has been there. The following obituary was published in The I share Captain Duresky’s concern that, to body got totally blitzed, and many missed class the next day. The young men all reg- State newspaper of Columbia, SC, on July 20, most Americans, the war in Iraq is a fight for istered for the draft when they were 18, but 2006: other people’s children. Disproportionately, even though our nation is at war, they aren’t Major General Trelawney Eston Marchant, these are the children of the poor and minori- the least bit worried about the draft. It is po- (Ret.), died Wednesday, July 19, 2006. He was ties who proudly serve but also risk their lives litically impossible to conscript young peo- 85. General Marchant was born December 9, for their chance at a college education, tech- ple today, we are told. That day, another 1920, a son of the late Brig. General T. Eston nical training and financial benefits the military American ‘‘volunteer’’ died in Iraq. Marchant and Lila Cave Marchant. affords. For most Americans the Iraq war is lit- Four days earlier, a harried housewife General Marchant grew up in Columbia tle more than another story on the evening looked all over town for the perfect acces- and received both his undergraduate and law sory for her daughter’s upcoming recital. Her degrees from the University of South Caro- news. numerous chores wore her out, but she still I wish to offer some hope to Captain lina. He enlisted in the Marines when the found herself preoccupied. Her oldest son is United States entered World War II, and Duresky. To many Americans the war is not having trouble in his first year of college, fought in the Pacific Theater, rising to the only real, but a great moral failure. Many of and he has been talking of enlisting in the rank of Captain. When he returned home he them are protesting and ‘‘taking to the Army. She is terrified that her child will go practiced law and began a long career in the streets.’’ They are lobbying Members of Con- off to that horrible war she sees on TV. She S.C. National Guard. He was elected to the gress and meeting in their communities to ar- and her husband decide to give their son University of South Carolina Board of Trust- range marches and protests. The polls clearly more money so he doesn’t have to work part- ees in 1965, and was elected Chairman of the show the American people are unhappy with time; maybe that will help with his studies. Board in 1970, serving continuously there- President Bush’s handling of the war in Iraq. That day, another soldier died. after until 1978, when he was elected Adju- Yesterday millions of Americans cele- They want a change of course and they want tant General of South Carolina. General brated Independence Day. They attended Marchant served four terms as Adjutant the troops withdrawn. parties and barbecues. Families came to- General, retiring in 1994. The S.C. National The Republican attempt to label any plan to gether from all across the country to cele- Guard Headquarters and Complex in Colum- set a date for withdrawal as ‘‘cut and run’’ is brate the big day. Millions of dollars were bia is named in his honor. not working. The Republican attempt to label spent on fireworks. At public events, there General Marchant was active in state and anyone who questions the President as not were speeches honoring the people who community affairs, serving as a municipal supporting the troops is not working. Millions served and those who made the ultimate sac- judge, President of the Richland County Bar of Americans believe the best way to support rifice. These words mostly fell on bored ears. Association, member of The Citadel Board of the troops is to question the President’s failed While the country celebrated its own great- Visitors, and President of The Columbia Co- ness, other Americans were still fighting in tillion, among many other activities. He re- policies in Iraq and to force him and Secretary Iraq. ceived honorary degrees from both U.S.C. Rumsfeld to protect the troops instead of leav- Today Americans go back to their normal and The Citadel. General Marchant was Na- ing them in as targets in a war where there is business. The politicians in Washington have tional President of the Adjutant Generals no exit plan and no working strategy. made sure the sacrifices of the war are borne Association of the United States and, in 1990, I thank Captain Duresky for his service and by the very smallest percentage of Ameri- he was named South Carolinian of the Year his courage in writing ‘‘Forgotten Sacrifice.’’ cans. They won’t even change the tax rates by WIS–TV. He was awarded the Order of the Millions of us have not forgotten his sacrifice to prevent deficits from running out of con- Palmetto by then-Governor John West and and that of the more than 2,500 Americans trol. Future generations will pay the cost of again by then-Governor Carroll Campbell. killed and 18,000 wounded. Nor have we for- this war. General Marchant was a member of First Many Americans feel strongly about the Presbyterian Church of Columbia. gotten the daily pain of their families. I will war one way or another, but they aren’t General Marchant is survived by his wife of keep Captain Duresky in my prayers and long signing up their children for service or tak- 54 years, Caroline Bristow Marchant; chil- for his return home. ing the protest to the streets. What can they dren, T. Eston Marchant III and his wife, Air Force Captain Duresky’s words have do? It is they whom we in the military trust Emilie Marchant, of Clinton, Bristow painted an indelible picture for me. I hope my to influence our leaders in Washington. Marchant and his wife, Betsy Marchant,

VerDate Aug 31 2005 04:45 Jul 25, 2006 Jkt 049060 PO 00000 Frm 00013 Fmt 0626 Sfmt 0634 E:\CR\FM\A24JY8.046 E24JYPT1 ccoleman on PROD1PC71 with REMARKS E1506 CONGRESSIONAL RECORD — Extensions of Remarks July 24, 2006 Caroline Marchant Borucki and her husband, A TRIBUTE TO PACIFICA in the beautiful coastal community of Pacifica, Dr. Robert Borucki, Nancy Marchant Harris PERFORMANCES California including St. Edmund’s Episcopal and her husband, Gregory Harris; nine grand- children, all of Columbia. He is also survived Church and most recently the Sanchez Art by his brother, Julian M. Marchant, and by HON. TOM LANTOS Center which houses a 175-seat concert hall his sister, Nancy Marchant McIlvaine. OF CALIFORNIA equipped with a new stage and professional General Marchant was a warm, loving hus- IN THE HOUSE OF REPRESENTATIVES lighting equipment as well as office space. band, father, and grandfather, and will be Monday, July 24, 2006 dearly missed by all of his family and many Mr. Speaker, it is truly amazing that this pic- friends. Mr. LANTOS. Mr. Speaker, it is with great turesque town of 44,000 inhabitants is able to The family would also like to offer special pleasure that I rise today to honor the Pacifica provide its citizens with approximately 60 thanks to Mr. John House, who provided care Performances on the 30th Anniversary of its and comfort to General Marchant in his final world class performances per year spanning founding. Pacifica Performances is a non-prof- months. the widest array of performing arts including it, primarily volunteer, arts organization based The family will receive visitors at the jazz, blues, piano (ragtime and classical), home of Dr. and Mrs. Borucki, 181 Aspen in Pacifica, California, which is located in my Trail, in Gregg Park, Columbia, Thursday, Congressional District. This extraordinary or- chamber music, opera, Celtic, Bluegrass Latin, July 20, from 5 until 7 p.m. ganization is dedicated to ensuring there is a world, pop and guitar, as well as dance and The funeral will be held at First Pres- professional quality performing arts programs drama. Pacifica Performances truly lives up to byterian Church, 1324 Marion Street in Co- its mission of providing diverse musical and lumbia, Friday, July 21, 2006, at 11 a.m. with for the residents of Pacifica, as well as other burial to follow in the church cemetery. communities on the Peninsula. cultural programs to Pacifica, and the rest of In lieu of flowers, memorials may be made Pacifica Performances was organized in the Bay Area. to the T. Eston and Caroline B. Marchant 1976 as the Pacifica Arts and Heritage Coun- Mr. Speaker, I urge all of my colleagues to Endowed Scholarship, University of South cil, a nonprofit musical organization offering a Carolina, Attn. Daria Smith, 1600 Hampton variety of classes in music, dance and callig- join me in saluting and congratulating Pacifica Street, Columbia, SC 29208 or to the National raphy. Its original venue, the Pedro Point Fire- Performances for the invaluable cultural and Guard Association of South Carolina Schol- educational service they bestow upon the arship Foundation, 2001 Assembly Street, house in Pacifica, offered Jazz and Classical Suite 204, Columbia, SC 29201. performances for the community on Sundays. community on the occasion of their 30th Anni- Dunbar Funeral Home, Devine Street Since then Pacifica Performances has grown versary. Chapel, is in charge. exponentially and occupied numerous homes

VerDate Aug 31 2005 04:45 Jul 25, 2006 Jkt 049060 PO 00000 Frm 00014 Fmt 0626 Sfmt 9920 E:\CR\FM\A24JY8.048 E24JYPT1 ccoleman on PROD1PC71 with REMARKS July 24, 2006 CONGRESSIONAL RECORD — Extensions of Remarks E1507 SENATE COMMITTEE MEETINGS 2 p.m. Homeland Security and Governmental Af- Finance fairs Title IV of Senate Resolution 4, Taxation and IRS Oversight Subcommittee Business meeting to consider S. 2590, to agreed to by the Senate on February 4, To hold hearings to examine the size and require full disclosure of all entities 1977, calls for establishment of a sys- sources of the tax gap. and organizations receiving Federal tem for a computerized schedule of all SD–215 funds, proposed Post-Katrina Emer- meetings and hearings of Senate com- 2:30 p.m. gency Management Reform Act; S. Foreign Relations 1838, to provide for the sale, acquisi- mittees, subcommittees, joint commit- To hold hearings to examine the nomina- tion, conveyance, and exchange of cer- tees, and committees of conference. tion of Philip S. Goldberg, of Massa- tain real property in the District of Co- This title requires all such committees chusetts, to be Ambassador to the Re- lumbia to facilitate the utilization, de- to notify the Office of the Senate Daily public of Bolivia. velopment, and redevelopment of such Digest—designated by the Rules Com- SD–419 property, S. 3492, to strengthen per- mittee—of the time, place, and purpose 3:30 p.m. formance management in the Federal of the meetings, when scheduled, and Homeland Security and Governmental Af- Government, to make the annual gen- any cancellations or changes in the fairs eral pay increase for Federal employ- meetings as they occur. Oversight of Government Management, the ees contingent on performance, S. 3584, Federal Workforce, and the District of to amend chapter 41 of title 5, United As an additional procedure along Columbia Subcommittee States Code, to provide for the estab- with the computerization of this infor- To hold hearings to examine a progress lishment and authorization of funding mation, the Office of the Senate Daily report on protecting and enforcing in- for certain training programs for su- Digest will prepare this information for tellectual property rights here and pervisors of Federal employees, S. 3613, printing in the Extensions of Remarks abroad, focusing on the Administra- to designate the facility of the United tion’s Strategy Targeting Organized States Postal Service located at 2951 section of the CONGRESSIONAL RECORD Piracy (STOP!) and the extent to which New York Highway 43 in Averill Park, on Monday and Wednesday of each it has been effective in educating busi- New York, as the ‘‘Major George week. nesses about the issues related to con- Quamo Post Office Building’’, H.R. Meetings scheduled for Tuesday, July ducting business in the global econ- 4246, to designate the facility of the 25, 2006 may be found in the Daily Di- omy, the progress made since the ap- United States Postal Service located at pointment of the IP Coordinator last 8135 Forest Lane in Dallas, Texas, as gest of today’s RECORD. July, and explore if the STOP! initia- the ‘‘Dr. Robert E. Price Post Office tive has identified effective human cap- Building’’, H.R. 4962, to designate the MEETINGS SCHEDULED ital and strategic plans to build on the facility of the United States Postal existing program, and if it has the nec- Service located at 100 Pitcher Street in JULY 26 essary resources required to complete Utica, New York, as the ‘‘Captain George A. Wood Post Office Building’’, 9 a.m. its mission. SD–342 H.R. 5104, to designate the facility of Judiciary the United States Postal Service lo- To hold hearings to examine the current JULY 27 cated at 1750 16th Street South in St. and future status of the Foreign Intel- Petersburg, Florida, as the ‘‘Morris W. Time to be announced ligence Surveillance Act which pre- Milton Post Office’’, H.R. 5169, to des- scribes procedures for requesting judi- Judiciary ignate the facility of the United States cial authorization for electronic sur- Business meeting to consider pending Postal Service located at 1310 Highway veillance and physical search of per- calendar business. 64 NW. in Ramsey, Indiana, as the sons engaged in espionage or inter- SD–226 ‘‘Wilfred Edward ‘Cousin Willie’ Sieg, national terrorism against the United 9:30 a.m. Sr. Post Office’’, H.R. 5540, to designate States on behalf of a foreign power. Environment and Public Works the facility of the United States Postal SD–226 To hold hearings to examine a path for- Servicelocated at 217 Southeast 2nd 9:30 a.m. ward for the Nation’s emergency pre- Street in Dimmitt, Texas, as the ‘‘Ser- Agriculture, Nutrition, and Forestry paredness and response system relating geant Jacob Dan Dones Post Office’’, To hold hearings to examine the nomina- to the Stafford Act. H.R. 4646, to designate the facility of tions of Michael V. Dunn, of Iowa, to be SD–406 a Commissioner of the Commodity Fu- the United States Postal Service lo- Foreign Relations cated at 7320 Reseda Boulevard in tures Trading Commission, Nancy To hold hearings to examine the nomina- Montanez-Johner, of Nebraska, to be Reseda, California, as the ‘‘Coach John tions of John Robert Bolton, of Mary- Wooden Post Office Building’’, S. 2555, Under Secretary of Agriculture for land, to be the U.S. Representative to Food, Nutrition, and Consumer Serv- to designate the facility of the United the United Nations, with the rank and States Postal Service located at 2633 ices, and to be a Member of the Board status of Ambassador, and the U.S. of Directors of the Commodity Credit 11th Street in Rock Island, Illinois, as Representative in the Security Council the ‘‘Lane Evans Post Office Building’’, Corporation, Margo M. McKay, of Vir- of the United Nations, to which posi- ginia, to be an Assistant Secretary of S. 2719 and H.R. 5107, bills to designate tion he was appointed during the recess Agriculture, and Bruce I. Knight, of the facility of the United States Postal of the Senate from July 29, 2005, to Sep- South Dakota, to be Under Secretary Service located at 1400 West Jordan tember 1, 2005, and to be U.S. Rep- of Agriculture for Marketing and Regu- Street in Pensacola, Florida, as the resentative to the Sessions of the Gen- latory Programs, and to be a Member ‘‘Earl D. Hutto Post Office Building’’, eral Assembly of the United Nations of the Board of Directors of the Com- and the nominations of Paul A. Denett, modity Credit Corporation. during his tenure of service as U.S. of Virginia, to be Administrator for SR–328A Representative to the United Nations, Federal Procurement Policy, Office of 10 a.m. to which position he was appointed Management and Budget, Anna Energy and Natural Resources during the recess of the Senate from Blackburne-Rigsby, to be Associate Business meeting to consider the nomi- July 29, 2005, to September 1, 2005. Judge of the District of Columbia nations of John Ray Correll, of Indi- SD–419 Court of Appeals, Phyllis D. Thompson, ana, to be Director of the Office of Sur- 10 a.m. to be Associate Judge of the District of face Mining Reclamation and Enforce- Agriculture, Nutrition, and Forestry Columbia Court of Appeals, Jennifer M. ment, and Mark Myers, of Alaska, to Forestry, Conservation, and Rural Revital- Anderson, to be an Associate Judge of be Director of the United States Geo- ization Subcommittee the Superior Court of the District of logical Survey, both of the Department To hold an oversight hearing to examine Columbia, and Mickey D. Barnett, of of the Interior, and Drue Pearce, of the Department of Agriculture’s use of New Mexico, Katherine C. Tobin, of Alaska, to be Federal Coordinator for technical service providers. New York, and Ellen C. Williams, of Alaska Natural Gas Transportation SR–328A Kentucky, each to be a Governor of the Projects, Federal Energy Regulatory Health, Education, Labor, and Pensions United States Postal Service. Commission. To hold hearings to examine S. 3128, to SD–342 SD–366 amend the Federal Food, Drug, and Small Business and Entrepreneurship Intelligence Cosmetic Act to provide for uniform Business meeting to markup an original To hold a closed meeting regarding intel- food safety warning notification re- bill to reauthorize the Small Business ligence matters. quirements. Administration. SH–219 SD–430 SR–428A

VerDate Aug 31 2005 05:11 Jul 25, 2006 Jkt 049060 PO 00000 Frm 00015 Fmt 0626 Sfmt 0634 E:\CR\FM\M24JY8.000 E24JYPT1 ccoleman on PROD1PC71 with REMARKS E1508 CONGRESSIONAL RECORD — Extensions of Remarks July 24, 2006 Veterans’ Affairs sign, and construct water supply Homeland Security and the private sec- To hold hearings to examine the nomina- projects and to amend the Reclamation tor can take to formalize a partnership tions of Patrick W. Dunne, of New Wastewater and Groundwater Study and to ensure effective response and re- York, to be Assistant Secretary of Vet- and Facilities Act to encourage the de- covery to major cyber network disrup- erans Affairs for Policy and Planning, sign, planning, and construction of tion. and Thomas E. Harvey, of New York, to projects to treat impaired surface SD–342 be Assistant Secretary of Veterans Af- water, reclaim and reuse impaired fairs for Congressional Affairs. groundwater, and provide brine dis- AUGUST 1 SR–418 posal in the State of California, S. 3639, 9 a.m. Aging to amend the Reclamation Wastewater Homeland Security and Governmental Af- To hold hearings to examine at home and Groundwater Study and Facilities fairs DNA tests, focusing on whether these Act to provide standards and proce- Investigations Subcommittee should be considered a marketing scam dures for the review of water reclama- To hold hearings to examine the issue of or a medical breakthrough. tion and reuse projects, H.R. 177, to tax havens and offshore abuses which SD–106 amend the Reclamation Wastewater are undermining the integrity of the 11 a.m. and Groundwater Study and Facilities Federal tax system, focusing on case Commerce, Science, and Transportation Act to authorize the Secretary of the histories on the use of offshore trusts To hold a hearing to examine pending Interior to participate in the Prado and corporations to circumvent U.S. nominations. Basin Natural Treatment System tax, securities and anti-money laun- SR–253 Project, to authorize the Secretary to dering laws. 1 p.m. carry out a program to assist agencies SD–342 Commission on Security and Cooperation in projects to construct regional brine in Europe lines in California, to authorize the AUGUST 2 To hold hearings to examine how the Secretary to participate in the Lower 9 a.m. United States Government can live up Chino Dairy Area desalination dem- to its commitment to promote human Agriculture, Nutrition, and Forestry onstration and reclamation project, rights and democratic governance in Forestry, Conservation, and Rural Revital- H.R. 2341, to amend the Reclamation Russia while preserving a relationship ization Subcommittee Wastewater and Groundwater Study with Moscow. To hold hearings to examine H.R. 4200, to and Facilities Act to authorize the Sec- SD–226 improve the ability of the Secretary of retary of the Interior to participate in 2:30 p.m. Agriculture and the Secretary of the the design, planning, and construction Homeland Security and Governmental Af- Interior to promptly implement recov- of a project to reclaim and reuse waste- fairs ery treatments in response to cata- water within and outside of the service Federal Financial Management, Govern- strophic events affecting Federal lands area of the City of Austin Water and ment Information, and International under their jurisdiction, including the Security Subcommittee Wastewater Utility, Texas, and H.R. removal of dead and damaged trees and To hold hearings to examine the Health 3418, to amend the Reclamation Waste- the implementation of reforestation Resources and Services Administration water and Groundwater Study and Fa- treatments, to support the recovery of financial management of its budget in cilities Act to authorize the Secretary non-Federal lands damaged by cata- carrying out its mission to increase ac- of the Interior to participate in the strophic events, to revitalize Forest cess to and quality of health care. Central Texas Water Recycling and Service experimental forests. SD–342 Reuse Project. SR–328A Foreign Relations SD–366 9:30 a.m. To hold hearings to examine the nomina- Intelligence Judiciary tion of Richard W. Graber, of Wis- To receive a closed briefing regarding in- To hold hearings to examine the author- consin, to be Ambassador to the Czech telligence matters. ity to prosecute terrorists under the Republic. SH–219 war crime provisions of Title 18. SD–419 SD–226 Judiciary JULY 28 Terrorism, Technology and Homeland Se- 9:30 a.m. curity Subcommittee Homeland Security and Governmental Af- POSTPONEMENTS To hold hearings to examine detecting fairs smuggled nuclear weapons. Federal Financial Management, Govern- SD–226 ment Information, and International JULY 26 Energy and Natural Resources Security Subcommittee 9:30 a.m. Water and Power Subcommittee To hold hearings to examine recovery Indian Affairs To hold hearings to examine S. 3638, to and reconstitution of critical networks Business meeting to consider pending encourage the Secretary of the Interior relating to cyber security, focusing on calendar business. to participate in projects to plan, de- immediate steps that Department of SR–485

VerDate Aug 31 2005 04:45 Jul 25, 2006 Jkt 049060 PO 00000 Frm 00016 Fmt 0626 Sfmt 0634 E:\CR\FM\M24JY8.000 E24JYPT1 ccoleman on PROD1PC71 with REMARKS Monday, July 24, 2006 Daily Digest Senate committee amendments, and the following amend- Chamber Action ment proposed thereto: Pages S8135–36 Routine Proceedings, pages S8113–S8136 Frist (for Lugar) Amendment No. 4688, to au- Measures Introduced: Six bills and two resolutions thorize assistance for renewable energy projects. were introduced, as follows: S. 3714–3719 and S. Page S8136 Res. 539–540. Page S8129 Energy Exploration Legislation: Senate began con- Measures Reported: sideration of the motion to proceed to consideration S. 757, to amend the Public Health Service Act of S. 3711, to enhance the energy independence and to authorize the Director of the National Institute of security of the United States by providing for explo- Environmental Health Sciences to make grants for ration, development, and production activities for the development and operation of research centers re- mineral resources in the Gulf of Mexico. garding environmental factors that may be related to Pages S8134–35 the etiology of breast cancer, with an amendment in A motion was entered to close further debate on the nature of a substitute. (S. Rept. No. 109–290) the motion to proceed to consideration of the bill S. 3501, to amend the Shivwits Band of the Pai- and, in accordance with the provisions of rule XXII ute Indian Tribe of Utah Water Rights Settlement of the Standing Rules of the Senate, a vote on clo- Act to establish an acquisition fund for the water ture will occur on Wednesday, July 26, 2006. rights and habitat acquisition program. (S. Rept. Page S8134 No. 109–291) Pages S8128–29 Executive Communications: Pages S8127–28 Measures Passed: Additional Cosponsors: Pages S8129–30 Retirement Income Taxation: Committee on Fi- Statements on Introduced Bills/Resolutions: nance was discharged from further consideration of Pages S8130–33 H.R. 4019, to amend title 4 of the United States Code to clarify the treatment of self-employment for Additional Statements: Pages S8124–27 purposes of the limitation on State taxation of retire- Amendments Submitted: Pages S8133–34 ment income, and the bill was then passed, clearing Notices of Hearings/Meetings: Page S8134 the measure for the President. Page S8135 Adjournment: Senate convened at 2 p.m., and ad- United States-India Energy Security Coopera- journed at 5:13 p.m., until 9:45 a.m., on Tuesday, tion Act: Senate passed S. 1950, to promote global July 25, 2006. (For Senate’s program, see the re- energy security through increased cooperation be- marks of the Majority Leader in today’s Record on tween the United States and India in diversifying page S8136.) sources of energy, stimulating development of alter- native fuels, developing and deploying technologies that promote the clean and efficient use of coal, and Committee Meetings improving energy efficiency, after agreeing to the No committee meetings were held.

D825

VerDate Aug 31 2005 04:58 Jul 25, 2006 Jkt 049060 PO 00000 Frm 00001 Fmt 0627 Sfmt 0627 E:\CR\FM\D24JY6.REC D24JYPT1 ccoleman on PROD1PC71 with DIGEST D826 CONGRESSIONAL RECORD — DAILY DIGEST July 24, 2006 House of Representatives Recess: The House recessed at 12:37 p.m. and re- Chamber Action convened at 2 p.m. Page H5570 Public Bills and Resolutions Introduced: 12 pub- Suspensions: The House agreed to suspend the rules lic bills, H.R. 5862–5873; and 2 resolutions, H. and pass the following measures: Res. 940–941 were introduced. Page H5682 Mount Hood Stewardship Legacy Act: H.R. Additional Cosponsors: Pages H5682–83 5025, amended, to protect for future generations the Reports Filed: Reports were filed on Friday, July recreational opportunities, forests, timber, clean 21st, as follows: water, wilderness and scenic values, and diverse habi- H.R. 5682, to exempt from certain requirements tat of Mount Hood National Forest, Oregon; of the Atomic Energy Act of 1954 a proposed nu- Pages H5571–81 clear agreement for cooperation with India, with an amendment (H. Rept. 109–590, Pt. 1); and Providing for certain lands to be held in trust for the Utu Utu Gwaitu Paiute Tribe: H.R. 854, H.R. 2965, to amend title 18, United States Code, to require Federal Prison Industries to com- amended, to provide for certain lands to be held in pete for its contracts minimizing its unfair competi- trust for the Utu Utu Gwaitu Paiute Tribe; tion with private sector firms and their non-inmate Pages H5581–82 workers and empowering Federal agencies to get the Musconetcong Wild and Scenic Rivers Act: H.R. best value for taxpayers’ dollars, to provide a 5-year 1307, amended, to amend the Wild and Scenic Riv- period during which Federal Prison Industries ad- ers Act to designate portions of the Musconetcong justs to obtaining inmate work opportunities River in the State of New Jersey as a component of through other than its mandatory source status, to the National Wild and Scenic Rivers System; enhance inmate access to remedial and vocational op- Pages H5582–84 portunities and other rehabilitative opportunities to Cahaba River National Wildlife Refuge Expan- better prepare inmates for a successful return to soci- sion Act: H.R. 4947, amended, to expand the ety, to authorize alternative inmate work opportuni- boundaries of the Cahaba River National Wildlife ties in support of non-profit organizations and other Refuge; Pages H5584–85 public service programs, with an amendment (H. Rept. 109–591). Authorizing the Marion Park Project and Com- Reports were filed today as follows: mittee of the Palmetto Conservation Foundation to H.R. 3082, to amend title 38, United States establish a commemorative work on Federal land Code, to require that 9 percent of procurement con- in the District of Columbia, and its environs to tracts entered into by the Department of Veterans honor Brigadier General Francis Marion: H.R. Affairs be awarded to small business concerns owned 5057, amended, to authorize the Marion Park by veterans, with amendments (H. Rept. 109–592); Project and Committee of the Palmetto Conservation H.R. 5388, to provide for the treatment of the Foundation to establish a commemorative work on District of Columbia as a Congressional district for Federal land in the District of Columbia, and its en- purposes of representation in the House of Rep- virons to honor Brigadier General Francis Marion; resentatives (H. Rept. 109–593, Pt. 1); Pages H5585–86 H.R. 5766, to provide for the establishment of Agreed to amend the title so as to read: ‘‘To au- Federal Review Commissions to review and make thorize the Marion Park Project, a Committee of the recommendations on improving the operations, effec- Palmetto Conservation Foundation, to establish a tiveness, and efficiency of Federal programs and commemorative work on Federal land in the District agencies, and to require a schedule for such reviews of Columbia, and its environs to honor Brigadier of all Federal agencies and programs, with an General Francis Marion.’’. Page H5586 amendment (H. Rept. 109–594, Pt. 1); and Newlands Project Headquarters and Mainte- H. Res. 939, providing for consideration of H.R. nance Yard Facility Transfer Act: S. 310, to direct 1956, to regulate certain State taxation of interstate the Secretary of the Interior to convey the Newlands commerce (H. Rept. 109–595). Page H5682 Project Headquarters and Maintenance Yard Facility Speaker: Read a letter from the Speaker wherein he to the Truckee-Carson Irrigation District in the State appointed Representative Conaway to act as Speaker of Nevada—clearing the measure for the President; pro tempore for today. Page H5569 Pages H5586–87

VerDate Aug 31 2005 04:58 Jul 25, 2006 Jkt 049060 PO 00000 Frm 00002 Fmt 0627 Sfmt 0627 E:\CR\FM\D24JY6.REC D24JYPT1 ccoleman on PROD1PC71 with DIGEST July 24, 2006 CONGRESSIONAL RECORD — DAILY DIGEST D827 Designating the Negro Leagues Baseball Mu- State of California as wilderness, to designate the seum in Kansas City, Missouri, as America’s Na- Elkhorn Ridge Potential Wilderness Area, to des- tional Negro Leagues Baseball Museum: S. Con. ignate certain segments of the Black Butte River in Res. 60, to designate the Negro Leagues Baseball Mendocino County, California as a wild or scenic Museum in Kansas City, Missouri, as America’s Na- river; Pages H5630–33 tional Negro Leagues Baseball Museum—clearing Establishing a grant program whereby moneys the measure for the President; Page H5587 collected from violations of the corporate average Electronic Duck Stamp Act of 2005: S. 1496, to fuel economy program are used to expand infra- direct the Secretary of the Interior to conduct a pilot structure necessary to increase the availability of program under which up to 15 States may issue alternative fuels: H.R. 5534, amended, to establish electronic Federal migratory bird hunting stamps, by a grant program whereby moneys collected from vio- a (2/3) yea-and-nay vote of 358 yeas to 4 nays, Roll lations of the corporate average fuel economy pro- No. 394—clearing the measure for the President; gram are used to expand infrastructure necessary to Pages H5587–91, H5647–48 increase the availability of alternative fuels, by a (2/ National Heritage Areas Act of 2005: S. 203, 3) yea-and-nay vote of 355 yeas to 9 nays, Roll No. amended, to reduce temporarily the royalty required 396; Pages H5634–35, H5649–50 to be paid for sodium produced on Federal lands, by Agreed to amend the title so as to read: ‘‘To pro- a (2/3) yea-and-nay vote of 323 yeas to 39 nays, Roll vide grants from moneys collected from violations of No. 395; Pages H5591–H5615, H5648–49 the corporate average fuel economy program to be used to expand infrastructure necessary to increase Valle Vidal Protection Act of 2005: H.R. 3817, the availability of alternative fuels.’’. Page H5634 to withdraw the Valle Vidal Unit of the Carson Na- tional Forest in New Mexico from location, entry, Recognizing the dedication of the employees at and patent under the mining laws; Pages H5615–16 the National Aeronautics and Space Administra- tion’s Michoud Assembly Facility, the ‘‘Michoud Blunt Reservoir and Pierre Canal Land Convey- Hurricane Ride-Out Team’’, who risked their lives ance Act of 2005: H.R. 4301, amended, to direct during Hurricane Katrina’s assault on southeast the Secretary of the Interior to convey certain parcels Louisiana, and kept the generators and pumps of land acquired for the Blunt Reservoir and Pierre running to protect the facilities and flight hard- Canal features of the initial stage of the Oahe Unit, ware, and whose dedication kept the Michoud As- James Division, South Dakota, to the Commission of sembly Facility an island of dry land, which made Schools and Public Lands and the Department of it possible to resume External Tank production less Game, Fish, and Parks of the State of South Dakota than 5 weeks after the storm passed: H. Res. 892, for the purpose of mitigating lost wildlife habitat, amended, to recognize the dedication of the employ- on the condition that the current preferential lease- ees at the National Aeronautics and Space Adminis- holders shall have an option to purchase the parcels tration’s Michoud Assembly Facility, the ‘‘Michoud from the Commission; Pages H5616–18 Hurricane Ride-Out Team’’, who risked their lives Central Idaho Economic Development and during Hurricane Katrina’s assault on southeast Lou- Recreation Act: H.R. 3603, amended, to promote isiana, and kept the generators and pumps running the economic development and recreational use of to protect the facilities and flight hardware, and National Forest System lands and other public lands whose dedication kept the Michoud Assembly Facil- in central Idaho, to designate the Boulder-White ity an island of dry land, which made it possible to Cloud Management Area to ensure the continued resume External Tank production less than 5 weeks management of certain National Forest System lands after the storm passed; Pages H5635–36 and Bureau of Land Management lands for rec- Honoring the National Association of State Vet- reational and grazing use and conservation and re- erans Homes and the 119 State veterans homes source protection, to add certain National Forest Sys- providing long-term care to veterans that are rep- tem lands and Bureau of Land Management lands in resented by that association for their contributions central Idaho to the National Wilderness Preserva- to the health care of veterans and the health-care tion System; Pages H5618–30 system of the Nation: H. Con. Res. 347, to honor Northern California Coastal Wild Heritage the National Association of State Veterans Homes Wilderness Act: H.R. 233, amended, to designate and the 119 State veterans homes providing long- certain National Forest System lands in the term care to veterans that are represented by that as- Mendocino and Six Rivers National Forests and cer- sociation for their contributions to the health care of tain Bureau of Land Management lands in Hum- veterans and the health-care system of the Nation; boldt, Lake, Mendocino, and Napa Counties in the Pages H5636–38

VerDate Aug 31 2005 04:58 Jul 25, 2006 Jkt 049060 PO 00000 Frm 00003 Fmt 0627 Sfmt 0627 E:\CR\FM\D24JY6.REC D24JYPT1 ccoleman on PROD1PC71 with DIGEST D828 CONGRESSIONAL RECORD — DAILY DIGEST July 24, 2006 Expressing support for the designation and goals commit with or without instructions. Testimony was of ‘‘Hire a Veteran Week’’ and encouraging the heard from Chairman Sensenbrenner and Representa- President to issue a proclamation supporting those tives Delahunt and Dicks. goals: H. Con. Res. 125, to express support for the f designation and goals of ‘‘Hire a Veteran Week’’ and encouraging the President to issue a proclamation COMMITTEE MEETINGS FOR supporting those goals; and Pages H5638–40 TUESDAY, JULY 25, 2006 Veteran-Owned Small Business Promotion Act (Committee meetings are open unless otherwise indicated) of 2005: H.R. 3082, amended, to amend title 38, Senate United States Code, to require that 9 percent of pro- curement contracts entered into by the Department Committee on Armed Services: Sub committee on Airland, of Veterans Affairs be awarded to small business con- to hold hearings to examine the F–22A multiyear pro- curement proposal in review of the Defense Authorization cerns owned by veterans. Pages H5640–47 Request for fiscal year 2007, 9:30 a.m., SR–222. Agreed to amend the title so as to read: ‘‘to Committee on Banking, Housing, and Urban Affairs: to amend title 38, United States Code, to make im- hold hearings to examine regulation of hedge funds, 10 provements to small business, memorial affairs, edu- a.m., SD–538. cation, and employment programs for veterans, and Committee on Commerce, Science, and Transportation: Sub- for other purposes.’’. Page H5647 committee on Aviation, to hold an oversight hearing to Moment of Silence: The House observed a moment examine the Joint Planning and Development Office, 10 of silence in remembrance of Officer Jacob J. Chest- a.m., SR–253. nut and Detective John M. Gibson of the United Committee on Finance: Subcommittee on Health Care, to hold hearings to examine a decade of covering children States Capitol Police who were killed in the line of relating to the State Children’s Health Insurance Pro- duty defending the Capitol against an intruder gram, 2:30 p.m., SD–215. armed with a gun on July 24, 1998. Page H5648 Committee on Homeland Security and Governmental Affairs: Recess: The House recessed at 4:50 p.m. and recon- Subcommittee on Oversight of Government Management, vened at 6:30 p.m. Page H5647 the Federal Workforce, and the District of Columbia, to hold hearings to examine the Department of Defense Sup- Senate Messages: Messages received from the Senate ply Chain Management Plan, focusing on the extent to by the Clerk and subsequently presented to the which the supply chain management improvement plan is House today appear on page H5570. integrated with other Department of Defense logistics Senate Referrals: S. 2690 and S. 3187 were referred strategies, concepts, and plans, and if the Department has to the Committee on Government Reform and S. identified valid performance metrics and data to use in monitoring initiatives and measuring progress, 10 a.m., Con. Res. 112 was held at the desk. Page H5681 SD–342. Quorum Calls—Votes: 3 yea-and-nay votes devel- Full Committee, business meeting to consider the oped during the proceedings of today and appear on nomination of Stephen S. McMillin, of Texas, to be Dep- pages H5647–48, H5648, H5649. There were no uty Director of the Office of Management and Budget, quorum calls. 11 a.m., S–216, Capitol. Adjournment: The House met at 12:30 p.m. and House adjourned at 11:38 p.m. Committee on Energy and Commerce, Subcommittee on Commerce, Trade, and Consumer Protection, hearing on Committee Meetings H.R. 503, To amend the Horse Protection Act to pro- hibit the shipping, transporting, moving, delivering, re- BUSINESS ACTIVITY TAX SIMPLIFICATION ceiving, possessing, purchasing, selling, or donation of ACT OF 2006 horses and other equines to be slaughtered for human Committee on Rules: Granted, by voice vote, a closed consumption, 2 p.m., 2322 Rayburn. rule providing 1 hour of debate in the House on Subcommittee on Health, hearing on How to Build a H.R. 1956, Business Activity Tax Simplification Act Payment System that Provides Quality, Efficient Care for of 2006, equally divided and controlled by the chair- Medicare Beneficiaries, 10 a.m., 2123 Rayburn. man and ranking minority member of the Com- Committee on Financial Services, Subcommittee on Hous- ing and Community Opportunity, hearing entitled mittee on the Judiciary. The rule waives all points ‘‘Changing Real Estate Market,’’ 2 p.m., 2128 Rayburn. of order against consideration of the bill. The rule Subcommittee on Oversight and Investigations and the provides that the amendment in the nature of a sub- Subcommittee on Intelligence, Information Sharing, and stitute recommended by the Committee on the Judi- Terrorism Risk Assessment of the Committee on Home- ciary now printed in the bill shall be considered as land Security, joint hearing entitled ‘‘Terrorism Threats adopted. Finally, the rule provides one motion to re- and the Insurance Market,’’ 10 a.m., 2128 Rayburn.

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Committee on Government Reform, Subcommittee on Fed- Committee on Resources, Subcommittee on National eral Workforce and Agency Organization, hearing enti- Parks, oversight hearing entitled ‘‘The Recently Released tled ‘‘Retirees Returning to the Rescue: Re-employing Final Draft of the National Park Service Management Annuitants in Times of National Need,’’ 2 p.m., 2247 Policies,’’ 2 pm., 1324 Longworth. Rayburn. Committee on Rules, to consider H.R. 5682, United Subcommittee on National Security, Emerging Threats States and India Nuclear Cooperation Promotion Act of and International Relations, hearing entitled ‘‘DOD Ex- 2006, 3:30 p.m., H–313 Capitol. cess Property: Inventory Control Breakdowns Present a Committee on Science, hearing on Scientific and Technical Security Risk,’’ 2 p.m., 2154 Rayburn. Assessment and Advice for the U.S. Congress, 10 a.m., Subcommittee on Regulatory Affairs, hearing entitled 2318 Rayburn. ‘‘Is the Federal Government Doing All It Can To Stem Committee on Small Business, hearing on the Failure to the Tide of Illegal Immigration,’’ 10 a.m., 2154 Ray- burn. Comply With the Regulatory Flexibility Act: IRS Endan- Committee on International Relations, Subcommittee on gering Small Businesses Yet Again, 2 p.m., 2360 Ray- Middle East and Central Asia, hearing on Assessing En- burn. ergy and Security Issues in Central Asia, 2 p.m., 2200 Committee on Transportation and Infrastructure, Sub- Rayburn. committee on Railroads, oversight hearing on Human Committee on the Judiciary, Subcommittee on Commer- Factors Issues in Rail Safety, 10 a.m., 2167 Rayburn. cial and Administrative Law, oversight hearing entitled Committee on Ways and Means, Subcommittee on Trade, ‘‘The 60th Anniversary of the Administrative Procedure hearing on Customs Budget Authorizations and Other Act: Where Do We Go From Here?’’ 11:30 a.m., 2141 Customs Issues, 10 a.m., 1100 Longworth. Rayburn.

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Next Meeting of the SENATE Export-Import Bank Reauthorization Act of 2006; (5) H.R. 9:45 a.m., Tuesday, July 25 5121—Expanding American Homeownership Act of 2006; (6) H.R. 5852—The 21st Century Emergency Communications Senate Chamber Act of 2006; (7) H. Con. Res. 384—Recognizing and honoring the 100th anniversary of the founding of the Alpha Phi Alpha Program for Tuesday: Senate will continue consideration of Fraternity, Incorporated, the first intercollegiate Greek-letter the nomination of Jerome A. Holmes, of Oklahoma, to be United States Circuit Judge for the Tenth Circuit, with a vote fraternity established for African Americans; (8) H.R. 5074— on confirmation of the nomination to occur at approximately Railroad Retirement Technical Improvement Act of 2006; (9) 11:45 a.m. Also, Senate will resume consideration of S. 403, H.R. 5013—Disaster Recovery Personal Protection Act of Child Custody Protection Act, consider certain amendments, 2006; (10) H. Con. Res. 145—Expressing the sense of Con- and after a period of debate, vote on final passage of the bill. gress in support of a national bike month and in appreciation (Senate will recess from 12:30 p.m. until 2:15 p.m. for their re- of cyclists and others for promoting bicycle safety and the ben- spective party conferences.) efits of cycling; (11) H.R. 5187—To amend the John F. Ken- nedy Center Act to authorize additional appropriations for the John F. Kennedy Center for the Performing Arts for fiscal year Next Meeting of the HOUSE OF REPRESENTATIVES 2007; (12) H. Con. Res. 235—Expressing the sense of the Congress that States should require candidates for driver‘s li- 9 a.m., Tuesday, July 25 censes to demonstrate an ability to exercise greatly increased caution when driving in the proximity of a potentially visually House Chamber impaired individual; and (13) H. Con. Res. 449—Commemo- Program for Tuesday: Consideration of suspensions as follows: rating the 60th anniversary of the historic 1946 season of (1) S. 3525—Child and Family Services Improvement Act of Major League Baseball Hall of Fame member Bob Feller and 2006; (2) H.R. 4804—FHA Manufactured Housing Loan Mod- his return from military service to the United States. Consider- ernization Act of 2006; (3) H.R. 5024—Promoting Trans- ation of H.R. 1956—Business Activity Tax Simplification Act parency in Financial Reporting Act of 2006; (4) H.R. 5068— of 2006 (Subject to a Rule).

Extensions of Remarks, as inserted in this issue

HOUSE Hinchey, Maurice D., N.Y., E1499, E1503 Pomeroy, Earl, N.D., E1499 Honda, Michael M., Calif., E1498 Rangel, Charles B., N.Y., E1505 Bilirakis, Michael, Fla., E1500 Israel, Steve, N.Y., E1501 Rogers, Harold, Ky., E1502 Burgess, Michael C., Tex., E1495 Johnson, Eddie Bernice, Tex., E1496 Rothman, Steven R., N.J., E1497 Cramer, Robert E. (Bud), Jr., Ala., E1502 Jones, Walter B., N.C., E1503 Schakowsky, Janice D., Ill., E1504 Davis, Susan A., Calif., E1496 Lantos, Tom, Calif., E1506 Slaughter, Louise McIntosh, N.Y., E1495 Davis, Tom, Va., E1499 Larson, John B., Conn., E1504 Tiahrt, Todd, Kans., E1495 Drake, Thelma D., Va., E1494 Leach, James A., Iowa, E1503 Udall, Tom, N.M., E1498 Flake, Jeff, Ariz., E1494 Linder, John, Ga., E1494, E1498 Van Hollen, Chris, Md., E1502 Granger, Kay, Tex., E1493, E1498 McCollum, Betty, Minn., E1495, E1503 Visclosky, Peter J., Ind., E1501 Green, Gene, Tex., E1497 Maloney, Carolyn B., N.Y., E1493, E1498 Waxman, Henry A., Calif., E1502 Hastings, Alcee L., Fla., E1495 Meehan, Martin T., Mass., E1497 Weldon, Dave, Fla., E1494 Hensarling, Jeb, Tex., E1500 Moore, Dennis, Kans., E1501 Wilson, Joe, S.C., E1505

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