S11914 CONGRESSIONAL RECORD — SENATE September 24, 2003 Senator from Maine (Ms. SNOWE) and SECTION 1. SHORT TITLE. disability, disorder, or difference will the Senator from North Carolina (Mr. This Act may be cited as the ‘‘Hearing be at a distinct disadvantage. EDWARDS) were added as cosponsors of Health Accessibility Act of 2003’’. This legislation will help seniors S. Res. 219, a resolution to encourage SEC. 2. DIRECT ACCESS TO QUALIFIED AUDIOL- challenged by hearing problems obtain OGISTS FOR MEDICARE BENE- the People’s Republic of China to es- FICIARIES. direct access to licensed audiologists tablish a market-based valuation of the Section 1861(ll)(2) of the Social Security through the Medicare Program. Be- yuan and to fulfill its commitments Act (42 U.S.C. 1395x(ll)(2)) is amended by in- cause most of these hearing conditions under international trade agreements. serting before the period at the end the fol- are not medically or surgically treat- f lowing: ‘‘, without regard to any require- able, direct access to audiology serv- ment that the individual receiving the audi- ices will allow comprehensive and STATEMENTS ON INTRODUCED ology services be under the care of (or re- timely care through the diagnosis, BILLS AND JOINT RESOLUTIONS ferred by) a physician or other health care treatment, and management of hearing By Mr. CAMPBELL (for himself practitioner or that such services are pro- vided under the supervision of a physician or loss. Audiologists can conduct a vari- and Mr. JOHNSON): other health care practitioner’’. ety of specialized auditory assessments S. 1647. A bill to amend title XVIII of SEC. 3. INCLUSION OF AUDIOLOGY SERVICES AS and based on such examinations, can the Social Security Act to provide for A PART B MEDICAL SERVICE; PAY- present numerous options to help pa- direct access to audiologists for medi- MENT. tients cope with hearing problems. care beneficiaries, and for other pur- (a) IN GENERAL.—Section 1861(s)(2) of the This legislation will not diminish the poses; to the Committee on Finance. Social Security Act (42 U.S.C. 1395x(s)(2)) is important role of primary care physi- Mr. CAMPBELL. Mr. President, amended— cians, who closely with audiologists (1) in subparagraph (U), by striking ‘‘and’’ today I am introducing legislation and will remain intimately involved in which would give Medicare recipients after the semicolon at the end; (2) in subparagraph (V)(iii), by inserting patient care as needed under this bill. the same hearing care options avail- ‘‘and’’ after the semicolon at the end; and Direct access to such audiology serv- able to veterans and Senators. Specifi- (3) by adding at the end the following new ices is supported by numerous govern- cally, it would give Medicare bene- subparagraph: mental agencies. The Centers for Dis- ficiaries direct access to qualified, li- ‘‘(W) audiology services (as defined in sub- ease Control and Prevention has recog- censed audiologists. I am pleased to be section (ll)(2));’’. nized the importance of this issue by joined in this effort by my colleague, (b) PAYMENT UNDER THE PHYSICIAN FEE making access by persons with hearing SCHEDULE.—Section 1848(j)(3) of such Act (42 Senator TIM JOHNSON. impairments to rehabilitative services Today, approximately 28 million U.S.C. 1395w–4(j)(3)) is amended by inserting ‘‘(2)(W),’’ after ‘‘(2)(S),’’. a Health People 2010 objective. Addi- Americans are hearing disabled. Many tionally, the Veteran’s Administration of them are older Americans—a sta- SEC. 4. CONSTRUCTION; EFFECTIVE DATE. (a) CONSTRUCTION.—Nothing in this Act and Office of Personnel Management tistic that is fast increasing with the shall be construed to expand the scope of have established policies to allow bene- aging of the ‘‘baby boomers.’’ With 80 audiology services for which payment may ficiaries such access. Seniors under the to 90 percent of hearing problems not be made under title XVIII of the Social Secu- Medicare Program deserve similar ben- medically or surgically treatable, it rity Act as of December 31, 2003. efits, and I urge my colleagues to sup- seems only reasonable that Medicare (b) EFFECTIVE DATE.—The amendments port this important bill. patients be allowed to consult with an made by this Act shall take effect with re- audiologist without first seeing an- spect to services furnished on or after Janu- By Mrs. FEINSTEIN: other provider. It is part of regular ary 1, 2004. S. 1648. A bill to modify the date as of audiological practice to refer patients Mr. JOHNSON. Mr. President, today I which certain tribal land of the Lytton for medical management when clinical am happy to join my colleague, Sen- Rancheria of California is deemed to be indicators are present. ator CAMPBELL, in introducing legisla- held in trust; to the Committee on In- In the 1990’s, the Department of Vet- tion that will provide millions of sen- dian Affairs. erans Affairs (VA) and the Office of iors with direct access to important Mrs. FEINSTEIN. Mr. President, I Personnel Management changed their audiology services through the Medi- rise today to introduce legislation that respective healthcare policies to allow care Program. would partially repeal language from for the option of direct access to a li- Approximately 28 million people in the Omnibus Indian Advancement Act censed audiologist. Earlier this year, I the U.S. have some degree of reduced of 2000; language that circumvents the wrote the VA asking if veterans were hearing sensitivity, and of this num- Indian Gaming Regulatory Act’s com- satisfied with that coverage for ber, 80 percent have irreversible hear- mon-sense protections and regulatory audiological services. According to the ing loss. The majority of these individ- safeguards against the inappropriate VA response, ‘‘The policy has provided uals are 65 and older, and as the baby siting of Nevada-style casinos. and continues to provide high quality, boom generation ages, this number will In 2000, a one-paragraph provision cost effective, and successful hearing skyrocket. Hearing loss is the 3rd most was attached to the Omnibus Indian health care to veterans.’’ It is impor- prevalent chronic condition in the Advancement Act taking land into tant to point out that this bill would older population. One in three people trust for a single Indian tribe, the not diminish the important role of older than 60 and half of those older Lytton, with the aim of allowing the medical doctors, or expand the scope of than 85 have a hearing loss problem tribe to expedite plans to establish a practice for audiology. and only about one-fourth of those who large gaming complex in San Pablo, This legislation is consumer friendly. could benefit from a hearing aid actu- CA. It will help our elderly and rural citi- ally use one. The site which is not part of, nor ad- zens who often find it difficult to ac- Hearing problems can make it dif- jacent to, any land traditionally held cess health care services. It will pro- ficult to understand and follow a doc- by the Lytton is, in fact, a 10-acre vide consistency of policy among Gov- tor’s advice, respond to warnings, and property which includes a card club ernment agencies. That is why I urge to hear doorbells and alarms. They can and parking lot, and is located in a my colleagues to act quickly on this also take away from the enjoyment of major urban area just outside of San legislation. the simple things in life, like talking Francisco. The process to bring this I ask unanimous consent that the to friends and family, or listening to land into trust and sidestep gaming text of the bill be printed in the the radio or television. Additionally, oversight was done without regard for RECORD. the 21st century work environment re- Federal laws currently in place to reg- There being no objection, the bill was quires intense use of communication ulate the siting of such a casino. ordered to be printed in the RECORD, as and information skills and tech- Today California is home to 109 feder- follows: nologies. As seniors continue to remain ally recognized tribes. 64 tribes have S. 1647 in the workforce for longer periods, gaming compacts with the State and Be it enacted by the Senate and House of Rep- work-related hearing challenges will there are 54 tribal casinos. With more resentatives of the United States of America in become increasingly evident and the than 50 tribes seeking Federal recogni- Congress assembled, individual who has a communication tion and approximately 25 recognized

VerDate jul 14 2003 00:27 Sep 25, 2003 Jkt 019060 PO 00000 Frm 00038 Fmt 0624 Sfmt 0634 E:\CR\FM\A24SE6.023 S24PT1 September 24, 2003 CONGRESSIONAL RECORD — SENATE S11915 tribes seeking gaming compacts from working with the Chairman and Rank- Tribe; The Wilderness Society; the New the Governor, revenues from Califor- ing Member of the Indian Affairs Com- Mexico Wilderness Alliance; the Coali- nia’s tribal gaming industry are ex- mittee to pass this legislation quickly. tion for New Mexico Wilderness, on be- pected to be the highest of any State’s I ask unanimous consent that the half of more than 375 businesses and or- by the end of the decade. text of the bill be printed in the ganizations; the Rio Grande Chapter of I have serious reservations about the RECORD. the Sierra Club; the National Parks expansion of Nevada-style gaming— There being no objection, the bill was and Conservation Association; the Al- with its slot machines and in-house ordered to be printed in the RECORD, as buquerque Convention and Visitors Bu- banking—into urban areas, and I am follows: reau; 1000 Friends of New Mexico; and particularly concerned about off-res- S. 1648 numerous individuals. ervation gambling and ‘‘reservation Be it enacted by the Senate and House of Rep- The designation of the Ojito Wilder- shopping’’. Off-reservation casinos resentatives of the United States of America in ness was recommended by Secretary of often cause counties additional costs in Congress assembled, the Interior Manuel Lujan, Jr,.—a public and local services, intrude on SECTION 1. LYTTON RANCHERIA OF CALIFORNIA. former New Mexico Congressman of 20 residential areas, and are responsible Section 819 of the Omnibus Indian Ad- years—in 1991. Secretary Lujan found for an increase of traffic and crime vancement Act (114 Stat. 2919) is amended by the Ojito to have ‘‘high quality wilder- within local communities. striking the last sentence. ness values’’ with ‘‘outstanding oppor- That said, under proper regulation, tunities for solitude and primitive and gaming in California has the potential By Mr. BINGAMAN (for himself unconfined recreation,’’ as well as to yield much needed benefits for tribal and Mr. DOMENICI): ‘‘outstanding photographic and sight- members in terms of healthcare, edu- S. 1649. A bill to designate the Ojito seeing opportunities.’’ The ‘‘close prox- cation and general welfare, as Congress Wilderness Study Area as wilderness, imity to the Albuquerque and Santa Fe and California voters intended. How- to take certain land into trust for the population centers, cultural and pale- ever, the question is not whether gam- Pueblo of Zia, and for other purposes; ontological special features, and the ing should be permitted, but rather to the Committee on Energy and Nat- lack of resource conflicts’’ made the how and where. Those questions have ural Resources. recommendation particularly strong. been appropriately addressed by the In- Mr. BINGAMAN. Mr. President, I am President George H.W. Bush concurred dian Gaming Regulatory Act. proud to introduce the ‘‘Ojito Wilder- in the recommendation and forwarded Without this legislation, the Lytton ness Act’’, a wilderness bill that has it to Congress for designation. This bill will be able to take a former card club broad support in New Mexico. This bill adopts the boundaries recommended at and the adjacent parking lot as their designates the State’s fourth Bureau of that time, so there should be no ques- reservation and turn it into a large Land Management Wilderness area, tion or dispute that all of the lands gambling complex outside the regula- and its first new wilderness area in proposed for wilderness in this bill tions set up by the Indian Gaming Reg- more than 15 years. Keeping in mind fully qualify for wilderness status ulatory Act. Allowing this to happen Theodore Roosevelt’s statement that under the Wilderness Act. would set a dangerous precedent not ‘‘there are no words that can tell the This bill also takes advantage of a only for California, but every State hidden spirit of the wilderness, that unique opportunity to benefit both the where tribal gaming is permitted. can reveal its mystery, its melancholy, Pueblo and the public by authorizing The changes I seek today are ex- and its charm,’’ the Ojito can be de- the Pueblo to acquire some public tremely limited. This legislation would scribed as nearly 11,000 acres of dra- lands that are sandwiched between the not reverse restoration of the tribe. It matic landforms and multi-colored Zia Reservation and the Ojito Wilder- would not infringe on Native American rock formations, with sculptured bad- ness Study Area. The general public sovereignty. It does not even block the lands, expansive plateaus and mesa will benefit from the assurance that casino proposal. It only seeks to give tops, a high density of cultural and ar- these lands will be protected for the fu- the State and the local communities a chaeological sites and paleontological ture, forming a protective buffer voice in the process and ensure that resources, and a diverse array of plant around the Ojito Wilderness and pro- gaming continues to be organized with- and animal species. It is an area that is in the framework of the Indian Gaming viding additional opportunities for big enough to get lost in, but small primitive public recreation. This bill Regulatory Act. enough that it will not change the fact Circumventing the processes for Fed- secures continued public access to this that only one percent of New Mexico’s eral recognition of tribal governments open space for recreational, scenic, pa- BLM lands are designated as wilder- and for granting land into trust pre- leontological, scientific, educational, ness. The bill also provides for the ac- sents a variety of serious and critical and conservation uses. quisition of some adjacent public lands multi-jurisdictional issues—issues While these lands are—and will re- by the Pueblo of Zia for preservation as which can negatively affect the lives of main—important to the public, they public open space. I am pleased that ordinary citizens and deprive local gov- have special importance to the Pueblo ernments of their political power to the senior Senator from New Mexico, and its people. These lands are part of protect their communities. Senator DOMENICI, is cosponsoring this the Pueblo’s aboriginal land base, and That is why I believe it is important bill and that my distinguished col- they harbor many cultural, religious, to seek a remedy which would restore league from the Third District of New historical, and archaeological sites of the Indian Gaming Regulatory Act’s Mexico, Representative UDALL, is in- great import to the Pueblo. By acquir- oversight over the matter. troducing a companion measure in the ing these lands, the Pueblo will finally The Indian Gaming Regulatory Act House of Representatives. unite the two non-contiguous parts of has provided this Nation with a fair The support for this proposal truly is its Reservation. The Pueblo may con- and balanced approach to Indian gam- impressive. It has been formally en- tinue to graze its cattle on these lands, ing by facilitating tribal plans for eco- dorsed by the Governor of New Mexico; but it is prohibited from using the nomic recovery without compromising the local Sandoval County Commission lands for housing, gaming, mining, or a multitude of factors that should be and the neighboring Bernalillo County other commercial enterprises. taken into account when deciding on Commission; the Albuquerque City The Pueblo will purchase these lands the siting of casinos. This law works. It Council; New Mexico House of Rep- for fair market value, which will, of is a fair process that should continue resentatives Energy and Natural Re- course, take into consideration the re- to be followed. sources Committee Chairman James strictions and prohibitions on various It is simply not asking too much to Roger Madalena; the Governors of the uses, the requirement that the natural require that Lytton be subject to the Pueblos of Zia, Santa Ana, Santo Do- characteristics of the land be preserved regulatory and approval processes ap- mingo, Cochiti, Tesuque, San Ildefonso, in perpetuity, and the guarantee that plicable to newly acquired tribal lands Pojoaque, Nambe, Santa Clara, San public access be maintained. Existing by the Indian Gaming Regulatory Act. Juan, Sandia, Laguna, Acoma, Isleta, rights are protected, so, for example, I hope my colleagues will support Picuris, and Taos; the National Con- the main access road will remain a this legislation and I look forward to gress of American Indians; the Hopi county road and the existing pipelines

VerDate jul 14 2003 00:27 Sep 25, 2003 Jkt 019060 PO 00000 Frm 00039 Fmt 0624 Sfmt 0634 E:\CR\FM\G24SE6.055 S24PT1 S11916 CONGRESSIONAL RECORD — SENATE September 24, 2003 and transmission line will be unaf- S. 1649 certain land in the Albuquerque District-Bu- fected. The Pueblo also has agreed to Be it enacted by the Senate and House of Rep- reau of Land Management, New Mexico, recognize the grazing privileges of a resentatives of the United States of America in which comprise approximately 10,903 acres, neighboring ranch that has the only Congress assembled, as generally depicted on the Wilderness map, and which shall be known as the ‘‘Ojito Wil- other outstanding grazing permit on SECTION 1. SHORT TITLE. This Act may be cited as the ‘‘Ojito Wil- derness’’. the lands to be transferred, and it is derness Act’’. (b) MAP AND LEGAL DESCRIPTION.—The Wil- working on memorializing that agree- SEC. 2. FINDINGS. derness map and a legal description of the ment. Congress finds that— Wilderness shall— The New Mexico Commissioner of (1) the Ojito Wilderness Study Area, lo- (1) be filed by the Secretary with the Com- cated in Sandoval County, New Mexico, con- mittee on Energy and Natural Resources of Public Lands, Patrick H. Lyons, sup- the Senate and the Committee on Resources ports this transfer. In a letter endors- tains dramatic landforms and rock struc- tures, multicolored badlands, expansive pla- of the House of Representatives as soon as ing the proposal, he told the Pueblo teaus and mesa tops, and a high density of practicable after the date of the enactment that it ‘‘makes sense from a manage- cultural and archaeological sites, paleon- of this Act; ment perspective, and I applaud your tological resources, and diverse plant and (2) have the same force and effect as if in- efforts to address this matter in a co- animal species; cluded in this Act, except that the Secretary operative manner. Once transferred, I (2) the Bureau of Land Management evalu- may correct clerical and typographical er- am confident that the Pueblo of Zia ated the Ojito area and found that the area rors in the legal description and Wilderness has sufficient land area and natural charac- map; and will manage its acquisition with the (3) be on file and available for public in- same sensitivity with which it man- teristics to qualify for full wilderness status and protection; spection in the appropriate offices of the Bu- ages all its lands.’’ I agree, and this bill (3) in 1992, President George H.W. Bush reau of Land Management. authorizes the Pueblo to manage this concurred with the recommendation of Sec- (c) MANAGEMENT OF WILDERNESS.—Subject land pursuant to regulations that are retary of the Interior Manuel Lujan, Jr., to valid existing rights, the Wilderness shall approved by the Secretary of the Inte- that Congress designate the Ojito Wilderness be managed by the Secretary, as appropriate, rior. based on the high quality wilderness values, in accordance with the Wilderness Act (16 U.S.C. 1131 et seq.) and this Act, except that, I am particularly pleased to intro- close proximity to the Albuquerque and Santa Fe population centers, cultural and with respect to the Wilderness, any reference duce this legislation in celebration of paleontological special features, and the in the Wilderness Act to the effective date of the upcoming 40th anniversary of the lack of resource conflicts in the area; the Wilderness Act shall be deemed to be a Wilderness Act of 1964 and the eight- (4) the Pueblo of Zia has worked in co- reference to the date of enactment of this ieth anniversary of the Nation’s first operation with other interested parties to Act. administratively-designated wilder- reach an agreement under which the Pueblo (d) MANAGEMENT OF NEWLY ACQUIRED ness. This celebration is particularly would acquire public land adjacent to the Zia LAND.—Any land within the boundaries of Reservation and the Ojito Wilderness Study the Wilderness that is acquired by the Fed- meaningful to my State of New Mexico, eral Government shall become part of the for it is both the proud birthplace of Area that would— (A) enhance the protections for the land in Wilderness within which the land is located wilderness and the home to two of its the Ojito area; and and shall be managed in accordance with fathers: Aldo Leopold, who worked (B) ensure that the land will remain open this Act and other laws applicable to the from Albuquerque for 15 years to create to the public for recreational, scenic, sci- Wilderness. in 1924 the Gila wilderness near my entific, educational, paleontological, and (e) GRAZING.—Grazing of livestock in the home in southern New Mexico, and conservation uses; and Wilderness, where established before the New Mexico Senator Clinton Anderson, (5) the transfer of certain parcels of public date of enactment of this Act, shall be ad- land to the Pueblo of Zia and the designation ministered in accordance with the provisions who was instrumental in codifying of section 4(d)(4) of the Wilderness Act (16 Aldo Leopold’s wilderness and ethic 40 of the Ojito Wilderness as a component of the National Wilderness Preservation Sys- U.S.C. 1133(d)(4)). years later. tem— (f) FISH AND WILDLIFE.—As provided in sec- Forty years later still, the Ojito pro- (A) is in the best interest of people of the tion 4(d)(7) of the Wilderness Act (16 U.S.C. vides a unique wilderness area that is State of New Mexico and people from other 1133(d)(7)), nothing in this section shall be important not only to its local stew- States; construed as affecting the jurisdiction or re- (B) would preserve and maintain the Ojito sponsibilities of the State with respect to ards, but also to the nearby residents fish and wildlife in the State. of Albuquerque and Santa Fe, as well as an enduring resource of wilderness; and (C) would provide for the management and SEC. 5. LAND HELD IN TRUST. as visitors from across the country. It promotion of the wilderness character and (a) IN GENERAL.—Subject to valid existing is an outdoor geology laboratory, offer- various resources of the Ojito area for wild- rights and the conditions under subsection ing a spectacular and unique oppor- life habitat protection, scenic and historic (d), all right, title, and interest of the United tunity to view from a single location preservation, scientific research and edu- States in and to the lands (including im- the juxtaposition of the southwestern cation, primitive recreation, solitude, and provements, appurtenances, and mineral margin of the Rocky Mountains, the inspiration for present and future genera- rights to the lands) generally depicted on the Colorado Plateau, and the Rio Grande tions of the people of the United States. Trust Area map shall, on receipt of consider- Rift, along with the volcanic necks of SEC. 3. DEFINITIONS. ation under subsection (c) and adoption and In this Act: approval of regulations under subsection (d), the Rio Puerco Fault. Its rugged ter- (1) PUEBLO.—The term ‘‘Pueblo’’ means the be declared by the Secretary to be held in rain offers a rewarding challenge to Pueblo of Zia. trust by the United States for the Pueblo hikers, backpackers, and photog- (2) SECRETARY.—The term ‘‘Secretary’’ and shall be part of the Pueblo’s Reserva- raphers. It shelters ancient Puebloan means the Secretary of the Interior. tion. ruins and an endemic endangered (3) STATE.—The term ‘‘State’’ means the (b) MAP AND LEGAL DESCRIPTION.—The plant, solitude and inspiration. State of New Mexico. Trust Area map and a legal description of (4) TRUST AREA MAP.—The term ‘‘Trust the land described in subsection (a) shall— The words of Aldo Leopold and Sen- Area map’’ means the map entitled ‘‘Lands (1) be filed by the Secretary with the Com- ator Clinton Anderson are fitting for Transferred to Pueblo of Zia—Proposed’’, mittee on Energy and Natural Resources of the Ojito, for it is ‘‘what the land was, numbered ll, and dated llllll. the Senate and the Committee on Resources what it is, and what it ought to be’’; let (5) WILDERNESS.—The term ‘‘Wilderness’’ of the House of Representatives as soon as this ‘‘Ojito Wilderness Act’’ be ‘‘a dem- means the Ojito Wilderness designated under practicable after the date of the enactment onstration by our people that we can section 4. of this Act; put aside a portion of this which we (6) WILDERNESS MAP.—The term ‘‘Wilder- (2) have the same force and effect as if in- cluded in this Act, except that the Secretary have as a tribute to the Maker and say ness map’’ means the map entitled ‘‘Ojito Wilderness Study Area: Ojito Proposal’’, may correct clerical and typographical er- this we will leave as we found it.’’ numbered NM–010–024, and dated April 1990. rors in the legal description and Trust Area I ask unanimous consent that the SEC. 4. DESIGNATION OF THE OJITO WILDER- map; and text of the bill be printed in the NESS. (3) be on file and available for public in- RECORD. (a) IN GENERAL.—In furtherance of the pur- spection in the appropriate offices of the Bu- poses of the Wilderness Act (16 U.S.C. 1131 et reau of Land Management. There being no objection, the bill was seq.), there is hereby designated as wilder- (c) CONSIDERATION.— ordered to be printed in the RECORD, as ness, and, therefore, as components of the (1) IN GENERAL.—In consideration for the follows: National Wilderness Preservation System, conveyance authorized under subsection (a),

VerDate jul 14 2003 00:27 Sep 25, 2003 Jkt 019060 PO 00000 Frm 00040 Fmt 0624 Sfmt 0634 E:\CR\FM\G24SE6.054 S24PT1 September 24, 2003 CONGRESSIONAL RECORD — SENATE S11917 the Pueblo shall pay to the Secretary the the Army Corps only authorizes and relating to water resources projects de- amount that is equal to the fair market funds beach restoration projects that scribed in subsection (a) shall be displayed in value of the land conveyed, as subject to the protect property against storm and any analysis of the costs and benefits of terms and conditions in subsection (d), as de- hurricane damage. The Army Corps those projects.’’. termined by an independent appraisal. SEC. 3. GIVING RECREATIONAL BENEFITS THE (2) AVAILABILITY.—Any amounts paid under does not recommend authorization or SAME STATUS AS OTHER BEACH paragraph (1) shall be available to the Sec- funding of beach restoration projects RESTORATION BENEFITS. retary, without further appropriation and that only provide recreational benefits. Subsection (e)(2)(B) of the first section of until expended, for the acquisition from will- Beaches help support tourism and the Act of August 13, 1946 (33 U.S.C. ing sellers of land or interests in land in the serve as an important source of fun for 426e(e)(2)(B)), is amended by striking clause State. many Americans who seek inexpensive (ii) and inserting the following: (d) PUBLIC ACCESS.— recreation. Many of these beaches are ‘‘(ii) CONSIDERATIONS; PROCEDURES.—In (1) IN GENERAL.—Subject to paragraph (2), making recommendations relating to shore the declaration of trust and conveyance not eligible for beach restoration be- protection projects under clause (i), the Sec- under subsection (a) shall be subject to the cause they lack sufficient structural retary shall— continuing right of the public to access the development along coastlines to war- ‘‘(I) consider the economic and ecological land for recreational, scenic, scientific, edu- rant a restoration project solely on the benefits of the shore protection projects; and cational, paleontological, and conservation basis of storm or hurricane damage re- ‘‘(II) develop and implement procedures for uses, subject to any regulations for land duction. While local governments and the determination of national economic ben- management and the preservation, protec- communities have taken proactive efits that treat benefits provided for recre- tion, and enjoyment of the natural charac- measures to avert flood damage, they ation, hurricane and storm damage reduc- teristics of the land that are adopted by the tion, and environmental restoration equal- Pueblo and approved by the Secretary. are being denied the much needed ly.’’. beach restoration assistance by the (2) CONDITIONS.— f (A) IN GENERAL.—The land conveyed under Army Corps. subsection (a) shall be maintained as open In addition, by limiting beach res- AMENDMENTS SUBMITTED AND space, and the natural characteristics of the toration projects to storm and hurri- PROPOSED land shall be preserved in perpetuity. cane damage reduction, the Army SA 1783. Mr. DEWINE (for himself and Ms. (B) PROHIBITED USES.—The use of motor- Corps has established a policy that in- LANDRIEU) proposed an amendment to the ized vehicles (except on existing roads or as advertently aids more developed shore- bill H.R. 2765, making appropriations for the is necessary for the maintenance and repair lines than others. The method for de- government of the District of Columbia and of facilities used in connection with grazing other activities chargeable in whole or in operations), mineral extraction, housing, termining storm and hurricane damage reduction benefits is based on the as- part against the revenues of said District for gaming, and other commercial enterprises the fiscal year ending September 30, 2004, and shall be prohibited within the boundaries of sessed value of the private property for other purposes. the land conveyed under subsection (a). and public infrastructure immediately SA 1784. Mr. ENSIGN submitted an amend- (e) JUDICIAL RELIEF.— adjacent to the beach. Therefore, the ment intended to be proposed by him to the (1) IN GENERAL.—To enforce subsection (d), benefits will be much higher for dense- bill H.R. 2765, supra; which was ordered to lie any person may bring a civil action in the ly developed shorelines than less dense- on the table. United States District Court for the District SA 1785. Mr. GRAHAM, of South Carolina of New Mexico seeking declaratory or in- ly developed shorelines. For example, a (for himself and Mr. HOLLINGS) submitted an junctive relief. high-rise residential condominium or hotel would provide more storm reduc- amendment intended to be proposed by him (2) SOVEREIGN IMMUNITY.—The Pueblo shall to the bill S. 1584, making appropriations for not assert sovereign immunity as a defense tion benefits than a single family the Departments of Veterans Affairs and or bar to a civil action brought under para- home. Housing and Urban Development, and for graph (1). Accordingly, the National Beach sundry independent agencies, boards, com- (3) EFFECT.—Nothing in this section— Recreation and Economic Benefits Act missions, corporations, and offices for the (A) authorizes a civil action against the will ensure that recreation benefits are fiscal year ending September 30, 2004, and for Pueblo for money damages, costs, or attor- other purposes; which was ordered to lie on neys fees; or accorded the same considerations as storm and hurricane damage reduction the table. (B) except as provided in paragraph (2), ab- SA 1786. Mr. PRYOR (for himself, Mr. benefits. I urge my colleagues to sup- rogates the sovereign immunity of the Pueb- BREAUX, and Mr. LEAHY) submitted an lo. port this measure. I ask unanimous amendment intended to be proposed to (f) EFFECT.—Nothing in this section shall consent that the text of my bill be amendment SA 1783 proposed by Mr. have the effect of terminating or affecting printed in the RECORD. DEWINE (for himself and Ms. LANDRIEU) to the renewal of any validly issued right-of- There being no objection, the bill was the bill H.R. 2765, making appropriations for way or the customary operation, mainte- the government of the District of Columbia nance, repair, and replacement activities in ordered to be printed in the RECORD, as follows: and other activities chargeable in whole or such right-of-way, issued, granted, or per- in part against the revenues of said District S. 1653 mitted by the Secretary on the date of en- for the fiscal year ending September 30, 2004, actment of this Act. Be it enacted by the Senate and House of Rep- and for other purposes; which was ordered to resentatives of the United States of America in lie on the table. By Mr. INOUYE: Congress assembled, f S. 1653. A bill to ensure that rec- SECTION 1. SHORT TITLE. reational benefits are given the same This Act may be cited as the ‘‘National TEXT OF AMENDMENTS priority as hurricane and storm dam- Beach Recreation and Economic Benefits SA 1783. Mr. DEWINE (for himself age reduction benefits and environ- Act’’. and Ms. LANDRIEU) proposed an amend- mental restoration benefits; to the SEC. 2. GOALS TO BE ADDRESSED IN PLANNING ment to the bill H.R. 2765, making ap- Committee on Environment and Public OF WATER RESOURCE PROJECTS. Section 904 of the Water Resources Devel- propriations for the government of the Works. District of Columbia and other activi- Mr. INOUYE. Mr. President, I rise to opment Act of 1986 (33 U.S.C. 2281) is amend- ed to read as follows: ties chargeable in whole or in part introduce the National Beach Recre- against the revenues of said District ation and Economic Benefits Act. This ‘‘SEC. 904. GOALS TO BE ADDRESSED IN PLAN- NING OF WATER RESOURCE for the fiscal year ending September 30, measure would require the U.S. Army PROJECTS. 2004, and for other purposes; as follows: Corps of Engineers, Army Corps, to ‘‘(a) IN GENERAL.—Each of the goals of en- That the following sums are appropriated, give recreational benefits the same pri- hancing national economic development, the out of any money in the Treasury not other- ority as hurricane and storm damage quality of the total environment, the well- wise appropriated, for the District of Colum- reduction benefits when justifying being of the people of the United States, the bia and related agencies for the fiscal year beach restoration projects. prevention of loss of life, and the preserva- ending September 30, 2004, and for other pur- The Army Corps performs a valuable tion of cultural and historical values shall be poses, namely: service in protecting our nation’s addressed in the formulation and evaluation of water resources projects to be carried out TITLE I—FEDERAL FUNDS beaches against erosion. They have ef- by the Secretary. FEDERAL PAYMENT FOR RESIDENT TUITION fectively restored and repaired dam- ‘‘(b) DISPLAY OF ASSOCIATED BENEFITS AND SUPPORT aged beaches for over the past 50 years. COSTS.—The quantifiable and unquantifiable For a Federal payment to the District of Unfortunately, under current policy, costs and benefits associated with the goals Columbia, to be deposited into a dedicated

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