S3338 CONGRESSIONAL RECORD — SENATE March 18, 2009 That is something our U.S. trade am- while, and no administration has done at this. We can prevail. We don’t have bassador has to confront. much about it. Oh, the last administra- to have an $800 billion deficit that Let me give an example—and this is tion, I think the last time they took threatens our country’s economy. No just one; I could give a dozen—of part action was against Europe, and they one talks about it much, but the fact of our problem. We have a trade deficit announced with big fanfare that they is, this enormous deficit undermines with South Korea. Ninety-eight per- were going to impose tariffs on Roque- the strength of the American economy. cent of the cars on the streets of South fort cheese, truffles, and goose liver. It sucks jobs out of our country and Korea are made in South Korea be- That will scare the devil out of some moves them overseas in search of cheap cause that is what they want. They do country—Roquefort cheese, truffles, labor. We can do better than that. not want foreign cars in South Korea. and goose liver. We not only negotiate I intend to support Ron Kirk. I think Our country signed two separate trade bad trade agreements, but then we fail he will be a good choice. However, I deals with Korea in the 1990s, which to enforce them. And when we do en- hope this trade ambassador under- supposedly meant that Korea would force them, we don’t enforce them with stands that while our country stands open up their auto market. Those any vigor. for trade and our country stands for agreements are apparently not worth Mr. President, I know there has been open markets, we ought to, for a the paper they were written on. So discussion in the last couple of days change, also stand for fair trade agree- Korea sent us 770,000 vehicles last about trade with Mexico. Mexico had a ments and we ought to stand for bal- year—770,000 Korean-made vehicles. $66 billion surplus—or we a deficit with ance in trade and get rid of an $800 bil- Those are Korean jobs—vehicles made them—last year. We have had a nearly lion-a-year deficit in which we end up in Korea, sold in the United States. Yet 1⁄2 trillion dollar trade deficit with owing other countries a substantial we are able to sell 6,000 American vehi- Mexico in the last 10 years alone, and amount of our future. It makes no cles in Korea. Now, think of that: Mexico is accusing us of unfair trade? I sense to me. 770,000 cars coming our way, and we get am sorry. We have a 1⁄2 trillion dollar So I am for trade, and plenty of it, to sell 6,000 there. Why? Because the deficit with Mexico in trade relation- but let’s try to get it right for a Korean Government doesn’t want ship in 10 years, and they believe we change, to strengthen this country and American cars on their roads. They are unfair? put this country on the right track. want one-way trade, which I think re- The recent action by Mexico against Mr. President, I yield the floor, and I sults in unfairness to our country, lack the United States is due to the fact suggest the absence of a quorum. of jobs in our country, and a growing that a large bipartisan majority of The PRESIDING OFFICER. The trade deficit in our country that under- both Chambers of Congress objected to clerk will call the roll. mines our economy. a Mexican long-haul trucking pilot The legislative clerk proceeded to The same is true with respect to program that the Bush Administration call the roll. China. For example, we negotiated a wanted to establish. The inspector gen- Mr. COBURN. Mr. President, I ask bilateral trade agreement with China. eral of the Transportation Department unanimous consent that the order for Only much later did we learn the ingre- had said that in Mexico there is no cen- the quorum call be rescinded. dients of that agreement. China is now tral repository of drivers’ records, no The PRESIDING OFFICER. Without creating a significant automobile ex- central repository of accident reports, objection, it is so ordered. port industry, and we will begin seeing and no central repository of vehicle in- Mr. COBURN. Mr. President, I ask Chinese cars on American streets in spections. We don’t have an equivalent unanimous consent to yield back all the not too distant future. They are system. Well, there is nothing in a time on the Kirk nomination. gearing up for a very robust auto- trade agreement that requires us to di- The PRESIDING OFFICER. Without mobile export industry. Here is what minish safety on our roads. When we objection, it is so ordered. our country agreed with in a bilateral have equivalent systems or when we Mr. COBURN. Mr. President, I ask agreement with China. We agreed that have conditions in both countries that unanimous consent that H.R. 146 be the any American cars sold in China after are equivalent, you will hear no com- pending business. a phase-in could have a 25-percent tar- plaint from me about any pilot pro- iff imposed by the Chinese. Any Chi- gram of this type, but that is not the f nese cars sold in America would have a case today. LEGISLATIVE SESSION 21⁄2-percent tariff. Think of the absurd- Just as an aside, at a hearing I held ity of that. A country with which we last year, we were told that one of the have a $200 billion trade deficit—last rules for the cross-border trucking pro- year, $260 billion—and we said: It is gram was that the drivers who were REVOLUTIONARY WAR AND WAR okay for you to impose a tariff that is coming in with the big trucks were OF 1812 BATTLEFIELD PROTEC- 10 times higher on U.S.-made auto- going to be required to be fluent in TION ACT mobiles sold in your country than we English. One way they would deter- The PRESIDING OFFICER. Under will impose on your automobiles sold mine whether they were fluent in the previous order, the Senate will re- in our country. That is the kind of ig- English is they would hold up a high- sume consideration of H.R. 146, which norance, in my judgment, and unfair way sign, such as a stop sign, to the the clerk will report by title. trade provisions that result in our hav- driver and ask him: What is this sign? The legislative clerk read as follows: ing an $800 billion merchandise trade And if the driver replied, ‘‘Alto,’’ which A bill (H.R. 146) to establish a battlefield deficit. means ‘‘stop’’ in Spanish, they would acquisition grant program for the acquisi- Now, Warren Buffett has said—and declare that driver fluent in English. tion and protection of nationally significant Warren Buffett is a bright guy, and I Look, this made no sense at all. Let’s battlefields and associated sites of the Revo- like him, I have known him for a long make sure we protect the safety on lutionary War and the War of 1812, and for while—this is unsustainable. You can’t America’s roads. I have no problem other purposes. run these kinds of trade deficits year with cross-border trucking as soon as The Senate resumed consideration of after year. It is unsustainable. Why? we have equivalent standards. That is the bill. Because when we buy $800 billion more not now the case. Pending: from other countries than we sell to But my larger point with Mexico, as Bingaman amendment No. 684, in the na- them, it means they end up with our with other countries, is that we have a ture of a substitute; money or a debt, and that debt will be large and growing trade deficit—$66 bil- Coburn amendment No. 680 to amendment repaid with a lower standard of living lion last year with Mexico; 1⁄2 trillion No. 684, to ensure that the general public has in our country. dollars in 10 years. This country can’t full access to our national parks and to pro- My point is that the financial crisis continue that. We have to have fair mote the health and safety of all visitors and employees of the National Park Service; in this country is caused by a lot of trade with other countries and fair Coburn amendment No. 679 to amendment things, at least one of which is an un- trade agreements. And when we do, it No. 684, to provide for the future energy believable growing trade deficit that seems to me we should be aggressive in needs of the United States and eliminate re- has gone on and festered for a long trying to sell worldwide. We are good strictions on the development of renewable

VerDate Nov 24 2008 01:14 Mar 19, 2009 Jkt 079060 PO 00000 Frm 00016 Fmt 0624 Sfmt 0634 E:\CR\FM\G18MR6.018 S18MRPT1 jbell on PROD1PC69 with SENATE March 18, 2009 CONGRESSIONAL RECORD — SENATE S3339 energy; would create engineering and construction payers. And tomorrow I will be in New Orle- and Coburn amendment No. 675 to amend- jobs. ans for a lease sale covering approximately ment No. 684, to prohibit the use of eminent To help focus the Department of the Inte- 34.6 million offshore acres in the Central domain and to ensure that no American has rior on the importance of renewable energy Gulf of Mexico. This sale includes 4.2 million their property forcibly taken from them by development, last Wednesday, March 11, I acres in the 181 South Area, opened as a re- authorities granted under this Act. issued my first Secretarial Order. The order sult of the Gulf of Mexico Energy Security The PRESIDING OFFICER. The Sen- makes facilitating the production, develop- Act. Continuing to develop these assets, ator from Oklahoma is recognized. ment, and delivery of renewable energy top through an orderly process and based on priorities for the Department. Of course, this sound science, adds important resources to Mr. COBURN. Mr. President, first of would be accomplished in ways that also our domestic energy production. all, I ask unanimous consent to have project our natural heritage, wildlife, and Based on this approach, I announced last printed in the RECORD the statement of land and water resources. week that I would be hosting four regional the Secretary of the Interior, Ken The order also establishes an energy and public meetings next month in order to gath- Salazar, given yesterday before the climate change task force within the Depart- er a broad range of viewpoints from all par- Senate Committee on Energy and Nat- ment, drawing from the leadership of each of ties interested in energy development on the ural Resources. I think Members will the bureaus. The task force will be respon- OCS. In addition, I directed the Minerals sible for, among other things, quantifying Management Service and the U.S. Geological find significant support for my amend- the potential contributions of renewable en- Survey to assemble a report on our offshore ment on alternative energy in his ergy resources on our public lands and the oil and gas resources and the potential for statement. OCS and identifying and prioritizing specific renewable energy resources, including wind, There being no objection, the mate- ‘‘zones’’ on our public lands where the De- wave, and tidal energy. The results of that rial was ordered to be printed in the partment can facilitate a rapid and respon- report will be presented and discussed with RECORD, as follows: sible move to significantly increased produc- the public. tion of renewable energy from solar, wind, The meetings will be held in Atlantic City, STATEMENT OF KEN SALAZAR, SECRETARY OF geothermal, incremental or small hydro- New Jersey, New Orleans, Louisiana, An- THE INTERIOR, BEFORE THE SENATE COM- electric power on existing structures, and chorage, Alaska, and San Francisco, Cali- MITTEE ON ENERGY AND NATURAL RE- biomass sources. The task force will fornia, during the first two weeks in April. SOURCES ON ENERGY DEVELOPMENT ON THE prioritize the permitting and appropriate en- These meetings are an integral part of our PUBLIC LANDS AND OUTER CONTINENTAL vironmental review of transmission rights- strategy for developing a new, comprehen- SHELF of-way applications that are necessary to de- sive, and environmentally appropriate en- Thank you, Chairman Bingaman, Senator liver renewable energy generation to con- ergy development plan for the OCS. I have also extended the comment period on the Murkowski, and Members of the Committee, sumers, and will work to resolve obstacles to previous Administration’s proposed 5-year for giving me the opportunity to come before renewable energy permitting, siting, devel- Plan for development by 180 days. We will you today to discuss energy development on opment, and production without compro- use the information gathered at these re- public lands and the Outer Continental Shelf mising environmental values. (OCS) under the Department of the Interior’s Accomplishing these goals may require gional meetings to help us develop the new 5- jurisdiction. This is my first hearing before new policies or practices or the revision of year plan on energy development on the you since my confirmation as Secretary of existing policies or practices, including pos- OCS. Similarly, again based on sound science, the Interior and it is an honor to be here. sible revision of the Programmatic Environ- policy and public input, we will move for- President Obama has pledged to work with mental Impact Statements (PEISs) for wind ward with a second round of research, devel- you to develop a new energy strategy for the and geothermal energy development and the country. His New Energy for America plan opment, and demonstration leases for oil West-Wide Corridors PEIS that BLM has shale in Colorado and Utah. While we need to will create a clean energy-based economy completed, as well as their Records of Deci- that promotes investment and innovation move aggressively with these technologies, sion. The Department of Interior will work these leases will help answer the critical here at home, generating millions of new with relevant agencies to explore these op- jobs. It will ensure energy security by reduc- questions about oil shale, including about tions. the viability of emerging technologies on a ing our dependence on foreign oil, increasing We will also, as I have said before, finalize commercial scale, how much water and efficiency, and making responsible use of our the regulations for offshore renewable devel- power would be required, and what impact domestic resources. Finally, it will reduce opment authorized by section 388 of the En- commercial development would have on greenhouse gas emissions. ergy Policy Act of 2005, which gave the Sec- During his visit to the Department for our land, water, wildlife, communities and on ad- retary of the Interior authority to provide dressing global climate change. 160th anniversary celebration two weeks ago, access to the OCS for alternative energy and the President spoke about the Department’s We are also proceeding with development alternate use projects. This rulemaking was onshore, where appropriate, on our public major role in helping to create this new, se- proposed but never finalized by the previous cure, reliable and clean energy future. The lands. As I noted above, the responsible de- Administration. velopment of our oil, gas and coal resources vast landholdings and management jurisdic- For these renewable energy zones to suc- help us reduce our dependence on foreign oil, tion of the Department’s bureaus, encom- ceed, we will need to work closely with other but this development must be done in a passing 20 percent of the land mass of the agencies, states, Tribes and interested com- thoughtful and balanced way, and in a way United States and 1.7 billion acres of the munities to determine what electric trans- that allows us to protect our signature land- Outer Continental Shelf, are key to realizing mission infrastructure and transmission cor- scapes, natural resources, wildlife, and cul- this vision through the responsible develop- ridors are needed and appropriate to deliver tural resources. ment of these resources. these renewable resources to major popu- We also need to ensure that this develop- These lands have some of the highest re- lation centers. We must, in effect, create a ment results in a fair return to the public newable energy potential in the nation. The national electrical superhighway system to that owns these federal minerals. That’s why Bureau of Land Management has identified a move these resources from the places they the President’s 2010 Budget includes several total of approximately 20.6 million acres of are generated to where they are consumed. proposals to improve this return by closing public land with wind energy potential in the We will assign a high priority to completing loopholes, charging appropriate fees, and re- 11 western states and approximately 29.5 mil- the permitting and appropriate environ- forming how royalties are set. Of course, I’ll lion acres with solar energy potential in the mental review of transmission rights-of-way be happy to discuss these in more detail six southwestern states. There are also over applications that are necessary to accom- after the Administration’s full budget re- 140 million acres of public land in western plish this task. quest is released in the coming weeks. states and Alaska with geothermal resource Developing these renewable resources re- Implementation of the President’s energy potential. quires a balanced and mindful approach that plan will ultimately focus the nation on de- There is also significant wind and wave po- addresses the impacts of development on velopment of a new green economy and move tential in our offshore waters. The National wildlife, water resources and other interests us toward energy independence, and I and Renewable Energy Lab has identified more under the Department’s management juris- my team are working hard to put that plan than 1,000 gigawatts of wind potential off the diction. I recognize this responsibility, and it into place. Atlantic coast, and more than 900 gigawatts is not a charge I take lightly. Mr. Chairman, I know you and the Com- of wind potential off the Pacific Coast. At the same time, we must recognize that mittee, along with the Majority Leader and Renewable energy companies are looking we will likely be dependent on conventional others in Congress, are working hard on to partner with the government to develop sources—oil, gas, and coal—for a significant these issues. I believe we are being presented this renewable energy potential. We should portion of our energy for many years to today with an historic opportunity to en- responsibly facilitate this development. Un- come. Therefore it is important that the De- hance our economy, our environment, and fortunately, today, in BLM southwestern partment continue to responsibly develop our national security. Too much is at stake states, there is a backlog of over 200 solar en- these energy resources on public lands. for us to miss this opportunity. ergy applications. In addition, there are In the past 7 weeks, the Department has Thank you, Mr. Chairman and Members of some 20 proposed wind development projects held seven major oil and gas lease sales on- the Committee. I am happy to answer any on BLM lands in the west. These projects shore, netting more than $33 million for tax- questions that you may have.

VerDate Nov 24 2008 01:14 Mar 19, 2009 Jkt 079060 PO 00000 Frm 00017 Fmt 0624 Sfmt 0634 E:\CR\FM\G18MR6.019 S18MRPT1 jbell on PROD1PC69 with SENATE S3340 CONGRESSIONAL RECORD — SENATE March 18, 2009 Mr. COBURN. Mr. President, we are AMENDMENT NO. 682 TO AMENDMENT NO. 684 students and college professors who putting the cart before the horse, be- (Purpose: To protect scientists and visitors have actually been out there. cause one of the things the Secretary to federal lands from unfair penalties for So I think it is a commonsense spoke about yesterday is that we have collecting insignificant rocks) amendment, and I hope my colleagues to figure out how to transfer all this Mr. COBURN. Mr. President, I ask will consider it and adopt it so that we renewable energy from Federal lands. unanimous consent that the pending don’t overshoot on what is intended to What this bill and what a previous amendment be set aside and amend- be a solution to a very serious problem. amendment that I have offered and ment No. 682 be brought up and consid- I would also like to spend a moment that is now pending would do is to say ered. in rebutting some of the words of the this bill is going to offset that. We are The PRESIDING OFFICER. Without Senator from California. I have not yet not going to know where we need to objection, it is so ordered. The clerk offered, but intend to offer, one amend- send it or how we need to send it. With will report. ment that will in fact strike some ear- this bill, we are going to deny the op- The legislative clerk read as follows: marks from this bill. The San Joaquin tions to the Secretary of the Interior The Senator from Oklahoma [Mr. COBURN] River has, no question, been engaged in in terms of transmission lines with proposes an amendment numbered 682 to a lawsuit. But if you ago back to 1924 geothermal, with solar, and with wind. amendment No. 684. and see what the Federal Government Mr. President, I also ask unanimous Mr. COBURN. Mr. President, I ask said about the salmon run over this consent to have printed in the RECORD unanimous consent that the amend- area, it was already in decline. As a the opening statement of the chairman ment be considered as read. matter of fact, it was in a decline to a of the Energy and Natural Resources The PRESIDING OFFICER. Without level very close to what we have seen Committee, Senator BINGAMAN, be- objection, it is so ordered. today. cause I am very pleased with his state- (The amendment is printed in today’s What we have had is a lawsuit that ments on oil and gas and renewables, RECORD under ‘‘Text of Amendments.’’) has reached a settlement that now we and it again would support the amend- Mr. COBURN. Mr. President, this is a are to pay $1 billion with the specific ment I have offered that we should not very simple amendment. We do have a goal not of 100,000 salmon, not of 30,000 preclude renewables from this bill. problem with thieves stealing signifi- salmon, but the goal in the settlement There being no objection, the mate- cant fossil remains from public lands, is 500 salmon. The likelihood of achiev- rial was ordered to be printed in the but the way the bill is written cur- ing that, for $1 billion, first of all, is rently is that we are going to hit a fly RECORD, as follows: unlikely. The ultimate outside costs with a sledgehammer. What we are ENERGY PRODUCTION ON FEDERAL LANDS are going to be tremendous. What are going to do is put Scout leaders and I want to welcome my colleagues, our wit- the costs? Through this lawsuit, we are troops, graduate students, and the reg- going to put at jeopardy, put at risk, nesses and especially Secretary Salazar to ular public in line for tremendously today’s hearing on the important topic of en- $20 billion worth of economic activity ergy development on public lands and the harsh penalties if they inadvertently or in one of the most fertile areas of Cali- Outer Continental Shelf. Our Nation has inconsequentially pick up a small rock fornia. abundant energy resources, a good portion of that might have a fossil. The Congressman who represents 85 which are found on our onshore public lands All this amendment does is it tells percent of that district and his con- and the Outer Continental Shelf. These re- the Secretary that ‘‘they shall allow,’’ stituents are adamantly opposed to sources are owned by all of the people of the without penalty, the insignificant cap- this settlement because they know United States, and their management is en- ture of these small items—not to re- what it is going to do in terms of the trusted to the Federal Government. sell, not for going on the black market, That’s why we’re particularly pleased that water resource for that agricultural our new Secretary of the Interior is here but actually for educational purposes— community. Not everyone supports today to tell us about his vision for the de- by Scout troops, graduate students, this settlement, as the Senator from velopment of our energy resources on public college classes, and the like. California said, certainly not the Con- lands, both onshore and offshore. Secretary What we know from the history is gressman representing the district. Salazar has important decisions to make— that there have been significant dif- The other claim Senator FEINSTEIN decisions that may prove essential to our ficulties in terms of the lack of law en- made is it would be less costly than the Nation’s energy security and economic well- forcement on public lands. This goes alternative litigation. If you use the being—but also decisions that will impact back to one of our other amendments the landscape and our environment for gen- two analyses done in the late 1990s re- erations to come. we talked about earlier, which is not garding the economic impacts of water I look forward to hearing more about the only is there a backlog in the repair supply reductions, estimates paint the Administration’s plans in this regard. I hope and care of our public lands, but we total costs of this settlement to the that Secretary Salazar can share with us his don’t have the money to enforce and community at over $10 billion; $10 bil- vision for how we can determine the best protect the very assets which we think lion is the economic loss to be associ- places for energy development on the OCS, are paleontological assets, which we ated with this settlement. and how we can move forward to get more know are valuable both for history and At a time of economic difficulty, the energy production—both oil and gas and re- science. We haven’t had the forces ca- newables—in a safe and environmentally last thing we need to be doing is cut- sound manner from the Outer Continental pable of even enforcing what is already ting out another $10 billion of eco- Shelf. illegal. It is already illegal to steal nomic productivity. I know that the Secretary is also inter- those items from public land. AMENDMENT NO. 677 TO AMENDMENT NO. 684 ested in our onshore oil and gas leasing pro- So what this amendment does is just I ask the pending amendment be set gram. We recognize the contribution of that change the wording from ‘‘may’’ to aside and amendment No. 677 be called program to our energy supply. I hope that ‘‘shall’’; that the Secretary ‘‘shall up. under his leadership, the BLM can resolve allow casual collecting’’ that will not any resource conflicts up front, so that this The PRESIDING OFFICER. Without harm any of our public lands and will objection, it is so ordered. The clerk important program can run smoothly and ef- not put the truly innocent—simply in- ficiently. To this end, it is also important will report. that the inspection and enforcement pro- quiring minds—at risk of the harsh The legislative clerk read as follows: penalties of this segment of the bill. It gram at the BLM be well-funded. The Senator from Oklahoma [Mr. COBURN] Finally, this Administration is clearly is as simple as that. All it does is light- proposes an amendment numbered 677 to committed to renewable energy. I know Sec- en up on the inadvertent and the non- amendment No. 684. retary Salazar is. The Department of the In- inappropriate looking for small fossils The amendment reads as follows: terior and the Forest Service have a key role and small rocks that may not even in the siting of generation and transmission (Purpose: To require Federal agencies to de- contain fossils. We have already had termine on an annual basis the quantity of facilities for wind and solar energy. I know testimony that the majority of the that Secretary Salazar has already under- land that is owned by each Federal agency taken initiatives to bring about more renew- people who have been arrested under and the cost to taxpayers of the ownership able energy production on Federal lands.— the illegal statute have not been those of the land) Jeff Bingaman, Chairman, Committee on En- who have been in the black market. It At the appropriate place, insert the fol- ergy and Natural Resources. has been Scout leaders and graduate lowing:

VerDate Nov 24 2008 23:46 Mar 18, 2009 Jkt 079060 PO 00000 Frm 00018 Fmt 0624 Sfmt 0634 E:\CR\FM\G18MR6.020 S18MRPT1 jbell on PROD1PC69 with SENATE March 18, 2009 CONGRESSIONAL RECORD — SENATE S3341 SEC. lll. ANNUAL REPORT RELATING TO LAND amount of the property that the Fed- that should not be known publicly, OWNED BY FEDERAL GOVERNMENT. eral Government owns and the cost of that are of national security or defense (a) ANNUAL REPORT.— that land ownership to taxpayers. Do nature. (1) IN GENERAL.—Subject to paragraph (2), not later than May 15, 2009, and annually you realize right now we have 21,000 It is interesting, the Government thereafter, the Director of the Office of Man- buildings that are owned by the Fed- tracks property we own, but the tax- agement and Budget (referred to in this sec- eral Government sitting empty? We payers cannot track the property the tion as the ‘‘Director’’) shall ensure that a have 40 million square feet of excess Government owns. Let me repeat that. report that contains the information de- space that is not being used, just by Government at all levels tracks the scribed in subsection (b) is posted on a pub- the Department of Energy alone. property we own, but the taxpayers are licly available website. The Federal Government currently not allowed to track the property the (2) EXTENSION RELATING TO CERTAIN SEG- does not disclose these assets. As a Government owns through them—ridic- MENT OF REPORT.—With respect to the date matter of fact, they do not even know on which the first annual report is required ulous. The Government should have to to be posted under paragraph (1), if the Di- what they are. What this amendment disclose exactly the same information, rector determines that an additional period would do is ask the Federal Govern- when it is not a national security of time is required to gather the information ment, through the OMB, to create an issue, that we have to disclose on our required under subsection (b)(3)(B), the Di- inventory of Federal assets as far as own property. rector may— land and buildings are concerned. We What we do know is that the Federal (A) as of the date described in paragraph do not know what it costs us to main- Government controls more than one- (1), post each segment of information re- tain it. We don’t know if it is economi- fourth of the Nation’s total land, and quired under paragraphs (1), (2), and (3)(A) of cal for us to continue to maintain it as that continues to grow. It is going to subsection (b); and a Federal Government property or (B) as of May 15, 2010, post the segment of grow by almost 3 million acres in this information required under subsection whether we ought to put it up for sale bill. Between 1997 and 2004, the latest (b)(3)(B). or we ought to cede it to the States, to years for which reliable information (b) REQUIRED INFORMATION.—Except as pro- an Indian tribe or some other Govern- was available, Federal land ownership vided in subsection (c), an annual report de- ment agency where it can be utilized. increased from 563 million to 654.7 mil- scribed in subsection (a) shall contain, for We just don’t have the knowledge. lion acres. In 7 years it grew 100 mil- the period covered by the report— Without this kind of knowledge there lion acres. That is 100 million acres on (1) a description of the total quantity of— is no way that Congress can manage (A) land located within the jurisdiction of which nobody is collecting any prop- the United States, to be expressed in acres; Federal properties and Federal lands. erty tax. It is 100 million acres we are (B) the land described in subparagraph (A) What this would specifically require not taking care of. It is 100 million that is owned by the Federal Government, to is the Office of Management and Budg- acres that have facilities and struc- be expressed— et to issue a report detailing the fol- tures and backlogs on maintenance (i) in acres; and lowing: the total amount of land in the issues on it that are costing us dearly (ii) as a percentage of the quantity de- United States that is owned by the every year. As the Federal Government scribed in subparagraph (A); and Federal Government; the percentage of takes more land, the costs of maintain- (C) the land described in subparagraph (B) all U.S. property controlled by the Fed- that is located in each State, to be ex- ing the property increases and the eral Government, that is controlled— maintenance backlogs continue to pressed, with respect to each State— maybe not owned but controlled; the (i) in acres; and grow. (ii) as a percentage of the quantity de- total cost of operating and maintaining It also does something else. In this scribed in subparagraph (B); Federal real property, including land, 100 million acres of growth in the 7 (2) a description of the total annual cost to buildings and structures; a list of all years up to 2004, that is 100 million the Federal Government for maintaining all Federal property that is either unused acres that is not available to the Amer- parcels of administrative land and all admin- or vacant—that is something we should ican public to utilize in a productive istrative buildings or structures under the know which we do not know—and the jurisdiction of each Federal agency; and way, in a way that could build capac- estimated cost of the maintenance ity, could build wealth, could build (3) a list and detailed summary of— backlog on Federal land, buildings, and (A) with respect to each Federal agency— jobs. None of that happens. The only properties by agency. jobs that come with Federal Govern- (i) the number of unused or vacant assets; This will give taxpayers greater (ii) the replacement value for each unused ment programs or Federal Government transparency. It allows the taxpayers or vacant asset; property is Federal jobs that are not to know what kind of poor stewards we (iii) the total operating costs for each un- necessarily productive of new assets, are with Federal property and land. It used or vacant asset; and new wealth, and new job creation be- (iv) the length of time that each type of will also give us a focus to direct the yond it. asset described in clause (i) has been unused maintenance backlog that we have The other thing we know is, as this or vacant, organized in categories comprised today, to create a priority for it. We 100 million acres has been added over of periods of— can see it in light of all the mainte- the previous 7 years, that the mainte- (I) not more than 1 year; nance problems by agency. (II) not less than 1, but not more than 2, It also will help us when we are con- nance backlog of what we do own has years; and sidering a bill like this one. Nobody fallen further and further behind. We (III) not less than 2 years; and know, according to the GAO, the main- (B) the estimated costs to the Federal Gov- knows the total impact of this bill— this bill, 170 bills. Nobody has done a tenance backlog just at the Forest ernment of the maintenance backlog of each Service—not the national parks—we Federal agency, to be— study to say what the total impact is (i) organized in categories comprised of going to be. We don’t know what the know that is somewhere between $12 buildings and structures; and total impact is going to be on energy billion and $19 billion. But the Forest (ii) expressed as an aggregate cost. transmission. What we do know is it is Service has tripled. (c) EXCLUSIONS.—Notwithstanding sub- going to hinder it greatly. What it does The other problem I mentioned ear- section (b), the Director shall exclude from lier, of the 21,000 buildings we have now an annual report required under subsection is it gives us a management tool. According to the Congressional Re- that we are not utilizing, we could re- (a) any information that the Director deter- duce the debt by $18 billion just in the mines would threaten national security. search Service, the total amount of (d) USE OF EXISTING ANNUAL REPORTS.—An Federal land is unknown. In fact, dif- maintenance costs to those buildings. annual report required under subsection (a) ferent sources show significantly dif- Think about that. We have 21,000 build- may be comprised of any annual report relat- ferent estimates. This is their direct ings sitting. We are not doing anything ing to the management of Federal real prop- quote: with them except maintaining them, erty that is published by a Federal agency. The estimate of $650 million assumes the and we are spending $18 billion that we Mr. COBURN. Mr. President, this is a four Federal land management agencies have do not have taking care of buildings simple amendment, too. It is a good reasonably accurate data on lands under whereas we could get $18 billion for housekeeping amendment. What this their jurisdiction, and the Department of De- those buildings if we would dispose of amendment does is requires the Fed- fense. them. But we have been blocked in this eral Government every year to detail I would note that this amendment body from proposing real property re- to the people of this country the specifically excludes any properties form.

VerDate Nov 24 2008 23:46 Mar 18, 2009 Jkt 079060 PO 00000 Frm 00019 Fmt 0624 Sfmt 0634 E:\CR\FM\A18MR6.005 S18MRPT1 jbell on PROD1PC69 with SENATE S3342 CONGRESSIONAL RECORD — SENATE March 18, 2009 The first step, then, is to know what priated funds, if the construction has eminent domain authority. That au- we have, and this is just a guess of not yet begun, which would negate thority already exists. It has existed what we have. I mentioned earlier that funds recently appropriated as part of since the founding of the country. the Department of Energy—I said 40— the American Recovery and Reinvest- The use of eminent domain author- it is 20 million square feet of excess ca- ment Act and also funds contained in ity, however, is limited and controlled pacity. That is three times the size of the Omnibus Appropriations Act that by the fifth amendment and by certain the Pentagon. So three times the size was approved by this Congress. Federal statutes. These provisions re- of the Pentagon, you could put five For those reasons, I urge my col- quire just compensation when eminent U.S. Capitols inside the Pentagon in leagues to oppose that amendment. domain is actually used. terms of square footage. AMENDMENT NO. 679 Secondly, there are no major land ac- The other benefit from this is trans- The second amendment I wanted to quisitions in the bill. The amendment parency will help us every time in talk about is Coburn amendment No. could impact the water projects that every way. Knowing what we need to 679. That amendment states: are authorized by the bill, particularly know about Federal property, knowing Notwithstanding any other provision of the Indian water rights settlement and what we need to know about mainte- this Act, nothing in this Act shall restrict rural water projects that are author- nance backlogs, is key to us fixing the the development of renewable energy on pub- ized in titles IX and X of the regula- problem. We cannot manage Federal lic land, including geothermal, solar and tion. property unless we know what we are wind energy and related transmission infra- Eminent domain, while sparingly managing, unless we have the details structure. used, has at times been a crucial tool and the data. My hope is this amend- Madam President, the proponent of for the Bureau of Reclamation in its ment will be accepted and that the the amendment argues we should not attempts to complete important water American people can actually know designate the wilderness or national projects. Examples that come to mind what they own, much like the Govern- park or other conservation in the areas are the Central Arizona Project. My ment knows what they own. set out in this bill because they will re- colleagues from Arizona are very fa- I have one other amendment to offer, strict our sources of energy. I disagree miliar with the benefits that has but I will defer that to a later point in with that. brought to the State of Arizona. time, and at this time I yield the floor. For example, the bill, as it stands be- The Central Utah Project, again, my The PRESIDING OFFICER (Mrs. fore us, designates 15 new wilderness colleagues from Utah undoubtedly MCCASKILL). The Senator from New areas. None of those areas have signifi- know the value of that project. In such Mexico is recognized. cant energy development potential. cases, without this tool, it likely would Mr. BINGAMAN. Madam President, I Three of the wilderness areas are with- have been impossible to complete the believe at 2 o’clock we are proceeding in national parks where energy devel- reservoirs and drinking water pipelines to vote on a nomination and then also opment is already not allowed. So the and irrigation canals that are so cru- on three of the six amendments that wilderness designation would not cial to the communities that are served are being proposed by the Senator from change that in any way. by those projects. Oklahoma to this omnibus lands bill. I The remaining wilderness areas are The amendment that is being offered just want to speak briefly about the on land administered by the Bureau of is problematic for several reasons. Let three amendments that we are ex- Land Management or the Forest Serv- me recount those: First, it would im- pected to vote on in the sequence of ice, and those agencies have provided pede the construction or increase the votes beginning at 2 o’clock. information to our committee, the En- cost of several of the water projects AMENDMENT NO. 680 ergy Committee, that the new wilder- provided for in this bill. This could re- As I understand it, the first of those ness areas have low or no potential for sult in the failure to complete projects is an amendment, SA 680, prohibiting energy development within the areas or to implement one or more of the In- construction in the national parks. designated. dian water rights settlements that are This amendment prohibits the Na- In addition to the wilderness areas, being resolved. tional Park Service from beginning the amendment would undermine the The Navajo settlement, which in- any new construction until the Sec- designation of several other areas that cludes a rural water project critical to retary determines that ‘‘all existing are created to protect naturally signifi- the Navajo people, is one of particular sites, structures, trails, and transpor- cant features. For example, the bill importance to me. It needs to be fully tation infrastructure of the National designates a new national monument implemented without delay, and elimi- Park Service are—fully operational; and a new national conservation area nation of this authority would impede fully accessible to the public; and pro- in my home State of New Mexico, one that. The language of the amendment pose no health or safety risk to the of which will protect a series of fos- is not limited to Federal agencies. Ac- general public or employees of the Na- silized prehistoric trackways and the cordingly, it would be interpreted to tional Park Service.’’ other which protects a large cave sys- restrict eminent domain by State- The amendment excludes from the tem. Neither site is appropriate for en- based entities if Federal money is in- new construction ban, first, ‘‘the re- ergy development. Neither designation volved as part of a condemnation. placement of existing structures in would reduce the contribution made by The Eastern New Mexico Project is cases in which rehabilitation costs ex- New Mexico as a major energy pro- an example of a project where the local ceed new construction costs’’; or, sec- vider. water authority will be responsible for ond, the second area that is excluded We are currently working on an en- securing rights of way for the project. from the construction ban would be ergy bill in our Energy and Natural Re- It does not intend to condemn any ‘‘any new construction that the Sec- sources Committee that will encourage property rights, but it will have that retary determines to be necessary for the development of renewable energy. power, if needed, to deliver much need- public safety.’’ However, the areas designated in this ed water to the communities in rural The amendment, as I read it, would bill will not reduce our Nation’s ability New Mexico that will be served by the eliminate the ability of Congress to de- to develop these resources. project. The Coburn amendment could termine what funds should be appro- AMENDMENT NO. 675 interfere with the authority of that priated to each park. In all likelihood, The third amendment I wished to local entity to complete that project. the Secretary would never be able to briefly describe or discuss is the Finally, the Bureau of Reclamation make the certification called for in the amendment No. 675 offered by the Sen- indicates it has at times used so-called amendment since there would always ator from Oklahoma. This amendment friendly condemnation to acquire State be some backlog. So this amendment states that no land or interest in land and local lands when the relevant gov- would ensure that we would not pro- shall be acquired under this act by emi- ernment entities do not have the au- ceed with new construction in our na- nent domain. thority to sell such land. This has been tional parks. First, it is important to understand a valuable tool to the Bureau of Rec- The amendment also appears to pro- that there are no provisions in this act lamation and could be prohibited by hibit the expenditure of already appro- that grant the Federal Government the Coburn amendment.

VerDate Nov 24 2008 01:14 Mar 19, 2009 Jkt 079060 PO 00000 Frm 00020 Fmt 0624 Sfmt 0634 E:\CR\FM\G18MR6.023 S18MRPT1 jbell on PROD1PC69 with SENATE March 18, 2009 CONGRESSIONAL RECORD — SENATE S3343 In sum, for well over 100 years, the order to resolve the dispute. Senator Schu- we have to figure out where the trans- Bureau of Reclamation, as one agency, mer further stated that it is great to have mission lines are going to run. has balanced public needs with private the Friary here—it is probably the best part This bill goes against exactly his tes- property rights to help address critical of the Appalachian Trail, if one was caught timony before your committee yester- in a storm or in need. The Friars welcome water needs throughout the West. I ex- anyone who might need assistance, a shower day. Because what he said was, we need pect that Reclamation’s approach will or a meal while hiking the trail. As Senator to plan ahead where the transmission not change as a result of anything in Schumer indicated, there are many solutions lines are going to go. We need to know this bill. The Coburn amendment is un- short of legal action. He said he has ‘‘a nose’’ that before we block off anything else. necessary, would likely complicate the for when disputes will escalate or get re- That was the implication of his testi- work done by numerous communities solved and it is positive for the community mony. to address the water issues that affect to bring both sides together. The situation For these renewable energy sites to their future. should be resolved amiably; there are no succeed, we need to work closely with I urge my colleagues to oppose that gains by continued fighting. other agencies, States, tribes, and in- Congresswoman Kelly said that recently amendment as well. the National Park Service had turned down terested communities to determine I yield the floor. I see my colleague a request from her office to arrange a meet- what electric transmission infrastruc- from Oklahoma is here and would like ing between the Friars and the Park Service ture and corridors are needed and ap- to continue with his other amend- to resolve the matter. Instead the National propriate to deliver the renewable re- ments. Park Service initiated eminent domain pro- sources to major population centers. The PRESIDING OFFICER. The Sen- ceedings through the Justice Department. Our own Secretary of the Interior, our ator from Oklahoma is recognized. She hadn’t thought another meeting would former colleague, says we have the cart Mr. COBURN. While I thank the rake place this soon but stated that ‘‘it ap- before the horse. chairman, the Senator from New Mex- pears that the Park service is finally coming to its senses.’’ ‘‘Their decision to pursue this What we heard in opposition to the ico, for his words and his comments, I first amendment, No. 680, is a contin- would note that true eminent domain case using such heavy-handed tactics is wrong. The Justice Department should play ued slight to the American people in was not truly exercised in this country no role in this matter. The Friars contribute terms of taking care of the properties until the authority was given in 1960, to our community every day. Their work has we have. Now, the GAO says, and the not at the start of our founding. As a touched the lives of countless individuals IG of the Department of the Interior, it matter of fact, we believed in property and the Hudson Valley community as a is somewhere between $12 and $19 bil- rights in our founding. It is only since whole. I don’t want to see their work hin- lion in backlog. 1960 have we decided the Government dered in any way.’’ She said it was a good What we hear is nobody wants to put sign that the Justice Department had with- knows better than a private landowner. a priority in taking care of what we I ask unanimous consent to have drawn any legal action and emphasized that the dispute is not about development but have. What we want to do is build more printed in the RECORD the present on- about the use of land. new and let what we have crumble. The going debate on eminent domain be- Rev. Arthur M. Johnson, Minister General last thing we should be doing is build- tween the Friars and the National of Graymoor, (Fr. Art) thanked both Senator ing something new until we take care Park Service on the Appalachian Trail, Schumer and Congresswoman Kelly for of what we have. Go to any of our na- just to show you how controversial the ‘‘pressuring’’ the two factions to get to- tional parks and talk to the people who taking of land of private homeowners, gether face to face. He felt that the Friary and the National Park Service actually had are in charge of the maintenance and landowners is, when we, in our ulti- they will tell you: Congress never gives mate wisdom, say we know better than a common goal, and that is people. Hiking the Appalachian Trail gives people a natural us the money to take care of it. And it the people who own private land in this experience while the Friary wants to con- is growing at $1 billion a year in terms country. tinue their ministry to help those in need. of backlog. There being no objection, the mate- Many hikers, over 400 a year in fact, have ex- I understand the chairman’s reluc- rial was ordered to be printed in the perienced the Franciscan hospitality while tance to accept these amendments. I RECORD, as follows: hiking the Trail, a service recognized by respect him greatly. But we are going FRIARS AND NATIONAL PARK SERVICE FACE hikers and the Park Service alike. He felt it to continue on doing what we have was a ‘‘win-win’’ situation for all. OFF ON APPALACHIAN TRAIL been doing, which is a shame looking EMINENT DOMAIN PROCEEDINGS HALTED Pamela Underhill, Park Manager of the Appalachian National Scenic Trail, agreeing at our national parks. (By Margaret O’Sullivan) in principle with Fr. Art, stated that it was I have not even talked seriously The Franciscan Friars and Sisters of the rewarding to meet and felt that the lines of about the backlog at the Forest Serv- Atonement at Graymoor met with officials communication had vastly improved. She ice. So if we want to deny the amend- from the National Park Service: Judy too touched on the common goal theme, ment to not start new construction un- Brumback, Chief of the Acquisitions Divi- which offered both a ‘‘Godly and natural re- sion and Pamela Underhill, Park Manager of less the Secretary certifies it is some- treat.’’ She reiterated the need for a ‘‘buffer thing for safety or that it would, in the Appalachian Trail; US Senator Charles zone’’ along the trail, which is the heart of E. Schumer and Congresswoman Sue Kelly the matter. Although Ms. Underhill and Fr. fact, help us build something that on August 7. The topic was the disputed 20- Art had both hiked the Trail, they had never would cost more to fix than to repair, acre parcel the National Park Service wants hiked together—August 7th was the first then we are going to keep on allowing as ‘‘a buffer area’’ for the Appalachian Trail. time. this backlog to grow. That is exactly As reported in this paper on July 19, 2000 the They hit the trail along with other Friars, what this bill does. This amendment is Park Service obtained an easement on 58 Senator Schumer, Congresswoman Kelly and acres of Friar land just north of the con- not trying to stop or play any games, it members of the press. All agreed that it was is saying, let’s catch up with the real tested section in 1984 when the Friars sold very beneficial to actually see the site in the development rights of that parcel to the question, and the position of the pumphouse need we have in our parks now. Let’s Park Service. The following year the agree- in proximity to the Appalachian Trail. Put- catch up with the needs on the Na- ment was violated when a pumphouse for a ting their ‘‘worst fears’’ on the table, Pamela tional Mall. Let’s catch up with the sewage treatment plant was built by the Underhill stated that she is concerned about $200 million backlog at the Statue of Franciscan Friars on the land. the Trail and development of any land in Liberty. No, we are not going to do After a private meeting on a hot and close proximity to the Appalachian Trail. Fr. that. We are going to authorize all humid August 7, between the Friars and the Art’s concerns were about the future of their Park Service, moderated by Senator Schu- these new programs. Then we are going ministry. He did not want to see any plans to fund the new programs because we mer and Congresswoman Kelly, Senator they may have for the future undermined Schumer said that letters had been going which could curtail their ability to sustain look better doing it than taking care of back and forth to the Park Service since the needed infrastructure to minister to the the very valuable assets we have. May this year and finally the situation had thousands of men and women who come to I disagree with my colleague from come to a head. He stated that ‘‘good news’’ Graymoor each year. New Mexico on the importance and the is on the way: The lawsuit is on hold, the Both sides are optimistic about the upcom- intention of that amendment. The parties have come back to the table for talks ing meeting on August 23rd. amendment is to cause us to focus on and they have a basic agreement in that their goals are not really in conflict. Mr. COBURN. I would also note the priorities which this body has not. One A further meeting is scheduled for August testimony yesterday given by the Sec- of the reasons we have not is because 23, 2000 when discussions will take place in retary of the Interior on his idea that we do not have my other amendment

VerDate Nov 24 2008 23:46 Mar 18, 2009 Jkt 079060 PO 00000 Frm 00021 Fmt 0624 Sfmt 0634 E:\CR\FM\G18MR6.024 S18MRPT1 jbell on PROD1PC69 with SENATE S3344 CONGRESSIONAL RECORD — SENATE March 18, 2009 saying we need a list of what we have, agreed on the fiscal policy in the last President Obama wants to embrace fis- where we have it, what the problems Congress. The Congress, namely the cal responsibility and reduce the def- are, and what the backlogs are. Democratic leadership, together with icit by cutting wasteful spending, Re- With that I yield the floor. former President George W. Bush and publicans on Capitol Hill will have his The PRESIDING OFFICER (Mr. that administration, wrote the stim- back. From our perspective, good fiscal BROWN.) The Senator from Iowa is rec- ulus bill, wrote the housing bills, and policy keeps the tax burden low on ognized. had a great deal to do with financial American families, workers and small Mr. GRASSLEY. Mr. President, I ask bailouts. businesses and keeps wasteful spending unanimous consent to speak as in The congressional Democratic lead- in check. For the hard-working Amer- morning business. ership wrote the budgets and the ican taxpayers, there is some good The PRESIDING OFFICER. Without spending bills of 2007 and 2008. So we news in this budget. President Obama’s objection, it is so ordered. need to set the facts straight. Presi- budget proposes to make permanent 2010 BUDGET dent Obama did, as I said twice—I will about 80 percent of the bipartisan tax Mr. GRASSLEY. Mr. President, yes- say again—inherit the deficit and debt. relief plans set to expire in less than 2 terday I had an opportunity to address But—and a very important ‘‘but’’—the years. For 8 long years, Republicans my colleagues on my concerns with the inheritance had bipartisan origins, the have tried to make this bipartisan tax budget sent to us by President Obama, Democratic Congress, on the one hand, relief permanent. Now the Democratic a bloated budget crawling with tax in- and a Republican President on the leadership seems to have seen some of creases. Today, I would like to be more other hand. that light. They now agree with us Re- specific in that discussion. Now, what is more, the budget the publicans that families should be able Almost 3 weeks ago, President President sent up would make this ex- to count on marriage penalty relief, on Obama sent his first budget up to Cap- traordinary level of debt an ordinary a double child tax credit. Democratic itol Hill. The deficit and debt proposed level of debt. leaders now seem to agree with deci- in that budget are eye-popping. Presi- We have to think about the budget sions that were in the bipartisan tax dent Obama is correct when he says he coming up because this is budget bill of 2003, agree with us Republicans inherited a record budget deficit of $1.2 month. These issues are going to be that low-income seniors who rely on trillion. Let me repeat that because driven home to the people. We have an capital gains and dividend income will this Senator and the Senator from extraordinary level of debt in this be able to rely on low rates of taxation Idaho are willing to be very trans- budget. It soon may look like an ordi- as they draw on their savings. parent on what the numbers are. You nary level of debt, and it will be. What Democratic leaders now agree with do not argue with them. is now an extraordinary burden on our Republicans that middle-income fami- I can say we agree with what Presi- children and grandchildren would be- lies will be able to count on relief from dent Obama said, that he inherited a come an ordinary burden. the alternative minimum tax. They I have a chart that shows this inher- record budget deficit of $1.2 trillion. were never supposed to be taxed in the ited debt. The inherited debt meaning This is a chart that shows the pattern first place, but it is not indexed. So what was inherited by this administra- of Federal deficits over the past few they would agree that we protect mid- tion on the day they were sworn into years. We go out to the year 2019 be- dle-class taxpayers from the AMT office, January 20 of this year, is here. cause the Congressional Budget Office which was not indexed. President This black line is the percentage of always looks ahead in their projec- Obama will find many Republican al- gross national product. This is real dol- tions. You can see what those deficits lies in his efforts to make these tax re- lars. So you see by 2019 how it grows are—obviously, very high where we are lief policies permanent. right now because of the recession we and how it still is very big debt. But are in and things of that nature. this inherited debt is not a pretty pic- I wish the budget I am referring to, But from the talk around here, espe- ture. But the picture gets uglier be- the budget that came to the Hill a cou- cially the talk from the Congressional cause in the last year of the budget, ple weeks ago, was as taxpayer friend- Democratic leadership, you would meaning the budget the President sent ly, but it is not. There is a lot of bad think they got majority power just up here, debt held by the public would news for American taxpayers. If you this January, 2 months ago. You would be two-thirds, 67 percent, of our gross put gas in a car, heat or cool your think there was no role of the Demo- national product. In other words, what home, use electricity to cook a meal, cratic Party in creating deficits that was inherited has the national debt turn on the lights, power a computer, President Obama inherited. Now we coming down to about 42 percent of there is a new energy tax for you in the even have some in the administration gross national product, but what is budget from the President. This tax who are joining this chorus. A very happening from this point on with the would exceed a trillion dollars. I better smart guy, a guy we all ought to re- budget we have, this black line will say ‘‘could’’ exceed because the figure spect for his understanding of econom- come up here at 67 percent. That is the in the budget is less than that, but ics, former Treasury Secretary Sum- legacy of this budget. most everybody around here thinks it mers, now Director of the National That number assumes also the return is going to be over a trillion dollars. Economic Council, said Sunday on a of a healthy economy, which we all This budget also raises taxes on news show that a Republican Presi- hope happens. I suppose most Presi- those making more than $250,000. That dent—and emphasis upon Republican dents would assume a healthy econ- sounds like a lot of money to most Congress—had left President Obama omy, but it is not a certainty. That Americans. If we were only talking with this inherited deficit. means President Obama’s budget as- about the idle rich, maybe the news Well, I am sure Senator MCCONNELL sumes that a prosperous United States wouldn’t be so bad. But we are not would have liked to have been majority will carry the debt to more than two- talking about coupon clippers on Park leader, but he would be glad to correct thirds of the gross national product as Avenue. We are not talking about the Dr. Summers and let him know he was we look out 10 years ahead, and the high-paid, corporate jet-flying, well- not majority leader but was minority Congressional Budget Office does that paid hedge fund managers in Chicago, leader during the years of 2007 and 2008. on an automatic basis. That number, if San Francisco or other high-income, Likewise, Congressman BOEHNER, the economy is healthy, will be 67 per- liberal meccas. Many of the Americans though he would like to be Speaker, cent, right here, that black line. If the targeted for this hefty tax hike are was not Speaker. He would be glad to budget is not as healthy as what they successful small business owners. Un- point out he was leader of the minor- project then, of course, that black line like the financial engineers of the ity, the Republicans, within the minor- will be higher than 67 percent. flush, liberal meccas of New York, Chi- ity in the House and not Speaker dur- In terms of proposed tax policy, the cago, and San Francisco, a lot of these ing 2007 and 2008. President’s budget does contain some small businesses add value beyond just So the correction comes from the common ground. If President Obama shuffling paper. There is bipartisan fact that Congressional Democrats and wants to pursue tax relief, he will find agreement that small business and all the last Republican administration no better ally than we Republicans. If these businesses are the main drivers

VerDate Nov 24 2008 23:46 Mar 18, 2009 Jkt 079060 PO 00000 Frm 00022 Fmt 0624 Sfmt 0634 E:\CR\FM\G18MR6.025 S18MRPT1 jbell on PROD1PC69 with SENATE March 18, 2009 CONGRESSIONAL RECORD — SENATE S3345 of our dynamic economy. Small busi- hit on small businesses that employ 20 issues and help these young people find nesses create 74 percent of all new pri- or more workers. It is a marginal tax an effective way to be active and in- vate sector jobs, according to latest rate increase of 20 percent. Everybody, volved. statistics. On Monday, my President, Democrat or Republican, ought to As they came to visit with me today, President Obama, used a similar figure think about how these dynamic small they brought up two issues. The first of 70 percent. Whether it is 70 or 74 per- businesses, responsible for two-thirds issue they brought up was the alarming cent, it means the vast majority of of small businesses, will react. That 20 rate of high school dropouts and the small businesses create most of the percent in new taxes has to come from need for us to pay attention to our edu- new jobs in America. They are the em- somewhere. cational system. They talked with me ployment machine. Both sides agree we We Republicans will also scrutinize about a number of interesting ideas we ought to not hurt key job producers the budget for other major new taxes. should pursue as we try to regain that small businesses are. We have discussed the new cutbacks on America’s lead in excellence in edu- President Obama also mentioned his itemized deductions. I am referring to cation. I am going to have more to say zero capital gains proposal for small home mortgage interest, charities and about that on the floor and in other business startups. It might surprise State and local taxes. We Republicans contexts on another day. you, but we Republicans agree with will question a broad-based energy tax But I thought it was very interesting; President Obama on that issue. We are that actually cuts jobs and could, ac- the second issue they brought up with still trying to figure out why Demo- cording to the Massachusetts Institute me was directly relevant to the re- cratic leadership doesn’t agree with the of Technology, cost consumers and marks I planned to make on the floor President on that small business- businesses trillions. today; that is, they brought me a set of friendly proposal, because we tried to In these troubled economic times, we petitions—I am holding them in my get a better proposal in the stimulus ought to err on the side of keeping hand right now—with the signatures of bill. If we also agree that small busi- taxes and spending low and reduce the about 400 students in Idaho, whom I ness is the key to creating new jobs, deficit. Keeping taxes and spending think properly reflect many, many, why does the Democratic leadership low, along with reversing the growth in more than they, who have asked that and the President’s budget propose a Federal debt, will push the economy we pay attention to our national debt new tax increase directed at these back to growth. It is the only way we and our inability—our inability in Con- small businesses of America that are will provide more opportunities for all gress—to achieve fiscal responsibility. most likely to create new jobs? Wait a Americans. These young people said what I and minute, please. Many on the left side of Getting our private sector going, many others have been saying, only the political spectrum say only 2 or 3 making small business strong is the they said it best; that is, that our in- percent of the small businesses are af- basis for getting out of this recession ability to control our fiscal house here fected by this tax increase. That figure and continuing to grow. I hope in Washington, DC, is jeopardizing was developed by a think tank, and it throughout this process of the budget their future and it is jeopardizing their is based on a microsimulation model. debate, we will remember a firm fact children’s future and their children’s Treasury studies show the figure to be that ought to be common sense, but I future. considerably higher. But to focus sole- am not sure in this town it is seen as Now, we often say that on the floor, ly on the filer percentage is to miss the common sense: Government does not but I had the opportunity today to forest for the trees. It is to assume create wealth. Government consumes meet with these young people who that all small businesses have the same wealth. looked me in the eye and asked me to level of activity, that they employ the I hope my colleagues will listen to do everything I can to help protect same workers, that they buy the same my friend from Idaho as he gives his them from what they see happening as number of machines, that they make version of the budget. He is an out- a result of a runaway Congress and a the same number of sales. Common standing member of our Finance Com- runaway spending plan in this Congress sense has to prevail, and common sense mittee, and I appreciate his work. that will specifically fall on their will tell you that can’t be the case. I yield the floor. shoulders to bear. In fact, it is not the case. The data on The PRESIDING OFFICER (Mrs. Well, they talked with me about small business activity tells a different HAGAN). The senior Senator from Idaho things such as who owns our national story. I come to that conclusion this is recognized. debt. They pointed out, as most Ameri- way. According to a recent Gallup sur- Mr. CRAPO. Madam President, I ask cans are starting to realize, that for- vey, over half the small business own- unanimous consent to speak as in eign nations own most of our national ers employing over 20 workers would morning business. debt, which raises additional threats to pay higher taxes under the President’s The PRESIDING OFFICER. Without our security. budget. This chart depicts the number objection, it is so ordered. Today, China and Japan are the pri- of small businesses hit by this tax in- Mr. CRAPO. Thank you very much, mary holders of our national debt. As I crease. We point to different levels of Madam President. think many Americans have noted re- employment of small business being af- I appreciate the opportunity to come cently, the Chinese are starting to fected by this. We get to a point out to the floor this morning and join with wonder whether this investment in here where we have 950,000 businesses, my colleague, Senator GRASSLEY from U.S. debt instruments is a viable in- one-sixth of small businesses, with 1 to Iowa, who is the ranking member of vestment because of the spending poli- 499 employees are hit by it. Do we want the Finance Committee. It is truly a cies of our Nation. to destroy that employment machine? pleasure to serve with him on that Well, I am here to talk about the I don’t think so. But this tax proposal committee. He is one of those who, day budget that this Senate and this Con- will do that. in and day out, year in and year out, gress are now beginning to consider. In I have another chart that shows that fights for fiscal responsibility at the addition to sitting on the Finance roughly half the firms that employ Federal level. I appreciate his support Committee, I sit on the Budget Com- two-thirds of small business workers, and share in the comments he has mittee. In the next few weeks, the those with 20 or more workers, are hit made already today. Budget Committee is going to begin its by the tax rate hikes in the President’s I wish to start my remarks by talk- deliberations on the budget the Presi- budget. I will not go through all of ing about a meeting I had this morning dent has submitted to us. them, but we can see here, 50 percent of in my office with a couple of mayors Every year, the President submits to the employers with employees of some- from two Idaho cities and a number of Congress a budget. I do not think in where between 20 and 499 are hit by young students whom they brought any year I have served in Congress has that big, fat tax increase. with them from their respective cities the Congress actually adopted the According to Treasury Department to come to Washington, DC. These two exact budget the President has pro- data, not mine, these small businesses mayors have established a mayor’s posed. But the President’s budget pro- account for nearly 70 percent of small council of students in their cities and posal acts as a guide from which the business income. So there is a big tax work with these students on public Congress then crafts its own budget.

VerDate Nov 24 2008 23:46 Mar 18, 2009 Jkt 079060 PO 00000 Frm 00023 Fmt 0624 Sfmt 0634 E:\CR\FM\G18MR6.026 S18MRPT1 jbell on PROD1PC69 with SENATE S3346 CONGRESSIONAL RECORD — SENATE March 18, 2009 I believe this year Congress must be spending side of our budget. As you can as a result of some national policies. very careful in following the proposals see on this chart, we are proposing in But however you say it, the fact is, or using as a model or a guide the both categories dramatic increases there is a projected revenue to the Fed- budget which we have been given. over the next 10 years. The fiscal re- eral Treasury to come from people who As shown on this chart, the budget straint is not there. At a time when will pay more on their electricity bills that has been proposed to us will in- Americans are tightening their belts, and pay more on their gasoline and crease taxes by approximately $1.4 tril- this budget grows the size of Govern- other fuel bills that will be somewhere lion. This number is hard to get at be- ment by 9 percent—9-percent growth in the neighborhood of $1.4 trillion. cause we do not have the details yet. for nondefense programs in just the Many of us think it is going to be clos- The reason I say that is because year 2010 alone. If you go back to the er to $2 trillion. many—including myself—believe that 2009 budget we adopted and finalized in The list goes on. is a very low number in terms of the our appropriations process in this Con- It is proposed the capital gains and actual amount of the tax increases. I gress and add the growth there into it dividends tax rates go up. Some argue will explain that in a moment. as well, you will see a 20-percent that only hurts wealthy people. In fact, It increases discretionary spending growth—a 20-percent growth—in our the argument made on this floor so by $725 billion. These are 10-year num- nondefense spending in this country often is: Any tax increase is justified as bers. As my colleague from Iowa said, since the year 2008. being a tax increase on only the the budgets project out over a 10-year The fiscal restraint is lacking in this wealthy. Well, if you look at dividends cycle, and it increases mandatory budget proposal. In fact, there is only and capital gains and look at the kinds spending by $1.2 trillion. one category of this budget in which of people in this country who own If you look at the spending side of there is any actual reduction in spend- stock, either in their own individual this for a minute—for those who do not ing, and that is in the defense side of account or through a pension fund, it pay attention to our discussion of dif- the ledger. There are actual proposed reaches far deeper than just the ferent pieces of the budget here in reductions in defense spending in the wealthy. The people who are impacted Washington, mandatory spending gen- President’s budget. But only in that day in and day out by having to pay erally is spending that previous Con- category. tax on dividends and capital gains are gresses and previous Presidents have If we look at the tax side for a mo- far more people than simply those who already debated, passed into law, and ment, you can see there is $1.4 trillion are the so-called wealthy. signed into law and is ongoing. I call it of new taxes. As I said a minute ago, The list goes on. spending that is on autopilot because that number is kind of hard to quan- The bottom line is, the budget will this spending will happen regardless of tify. Why is that hard to quantify? raise taxes by about $1.4 trillion and whether Congress ever votes or meets Well, the President has said his tax raise spending—both in discretionary again. It is law, and regardless of the policies would reduce taxes for 95 per- and mandatory levels—a greater status of the economy, regardless of cent of American taxpayers. That amount. the demographics of our Nation and statement can only be accurate if you Now let me look at this last category what is happening in the world in only look at one kind of tax; namely, shown on the chart. It is called manda- which we are living today, the law re- income taxes. I believe it is correct tory savings. The number there is zero. quires this spending occur. It is what that in the income tax category, there Now, why do we have that column? In often we call entitlement spending— will not be an increase for the vast ma- order to change—remember the law I ‘‘entitlement’’ because the law has cre- jority of Americans, and, in fact, for told you about earlier: The entitlement ated an entitlement, and if a person most Americans we might actually see programs are already the law. If we are qualifies in a certain way, they are en- a reduction. going to change and gain savings in titled to receive payment under the But if you look at all the other pro- this category of mandatory spending, law. Now, the vast majority of this enti- posals for tax increases and tax adjust- we have to literally vote to change the tlement spending, as most people ments in the President’s budget, you law. It takes 60 votes in the Senate to know, is Medicare, Medicaid, and So- see there is going to be a huge increase do that because we always face a fili- cial Security. There are other entitle- in tax payments by Americans in every buster when we try to find savings in ment laws, mandatory spending laws, category of income in this country. this category of entitlement spending. Those taxes include things such as a in the United States, but the vast ma- But in the budget proposal the Budg- jority—the vastly largest percentage— brandnew—and this is the part that et Committee will put forward, the are Medicare, Medicaid, and Social Se- makes it difficult to give a final num- Budget Committee is allowed to pro- curity. Also added into this category of ber—a brandnew tax on energy. It is pose that there be savings here. And mandatory spending is interest on the part of what some have called the cap- then, if the Budget Committee can get national debt because that also must and-trade proposal the President has that proposal adopted in the budget, be paid. made on carbon fuels. Others have our respective committees of jurisdic- So you can think of the mandatory called it a cap-and-tax approach. tion in the areas where the entitle- spending or autopilot spending as basi- The point, however, is, under this ments lie are required by the budget to cally this column here, as shown on the new energy proposal, somewhere be- find those savings and make law- chart, that represents about two- tween $600 billion and $2 trillion of new change proposals to Congress so we can thirds—roughly, about two-thirds—of cost will be put on carbon-emitting en- achieve some savings. all the spending in each year’s average ergy sources, and Americans will pay The reason I have this column on the budget. those increased costs, primarily in chart is because in the budget that has The discretionary spending is every- their utility bills. The President him- been proposed, there are no savings thing else. That is what we actually self has said this proposal would cause proposed. There is not even a request vote on in Congress every year in our electricity rates to skyrocket. We do that $1 of savings be found in the entire appropriations process. As I have said, not know exactly to what level, but ev- entitlement system. That is wrong it is roughly about a third of our budg- eryone who uses electricity, everyone also. et. That spending can also be divided who pumps gas at the gas station, ev- Now, let’s go to the next chart. roughly in half. Approximately half of eryone who uses natural gas can expect This is a chart that shows the defi- it is national defense and security to see—and we do not know the details cits we expect to face—not the national spending; and approximately half of it yet, which is why we cannot give the debt but the deficits, the yearly defi- is everything other than defense. So details on the numbers, but they can cits we expect to face. That means the you often hear us talk about non- expect to see significantly increased amount of money we will spend beyond defense discretionary spending. That is costs for them in their household budg- our projected revenue. what we are talking about: the things ets. The blue line, as shown on the chart, Congress actually votes on every year. Now, some would say that is not a is what we call the BEA baseline. What Together, our discretionary spending tax. That is just a fee or it is just an that means is that is current law. If we and our mandatory spending are the increase in the price of your electricity do not change any law and do not do

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We are deal- by the public, and there are different over the next 10 years. ing with a proposed budget that leaves pieces of the debt—but the debt held by Now, one of the reasons it goes down America with a proposed ongoing and the public—that is the debt we talk so dramatically over the next 10 years growing deficit for the indefinite fu- about when we talk about China and is that we have a number of tax cuts ture of about $600 billion. That is not Japan and other nations buying our that were passed in the 2001 and 2003 good enough. We need to be following a bonds and pension plans and so forth. timeframe that are going to expire, line on our deficit that brings us to- The debt held by the public under this which means if we do nothing, taxes ward balance, and we can’t do that. We proposed budget will double in 5 years are going to go up dramatically, and can’t achieve that. and triple in 10 years. That is remark- we are going to see the deficit drop dra- One last point: We had Secretary able and it is scary that we could have matically because everybody is going Geithner before our Budget Committee a budget that proposes a wall of debt to be paying a lot more taxes. If we last week to talk about this budget. In like this and does not put into place allow those tax cuts to stay in place— his comments, Secretary Geithner ac- any kind of spending restraint pro- and I believe we are starting to get knowledged that the tax increases that posals but adds increased taxes, which some consensus that we do that—then are being proposed—the ones I had on will make it harder for our economy to this line for what current law would be the previous chart—are going to actu- keep up with this spending level, and with those tax cuts staying in place ally harm our economy in our effort to proposes no effort to address the enti- would be somewhere between the red build back right now. He acknowledged tlement growth that is probably the line and the blue line. the point that this is the wrong time to biggest driver of spending in the Fed- The point I wish to make, though, is be increasing taxes and that taxes at eral budget. the red line is the proposed budget we I guess I should clarify that—the big- this time would have a chilling effect are now dealing with. As my colleagues gest driver except when Congress gets on our ability to restimulate our eco- can see, the spending in excess of rev- engaged in stimulus packages and bail- nomic activity. But he defended these enue is dramatically higher than cur- outs, at which point Congress becomes tax increase proposals by saying that rent law under the proposed budget. the biggest driver. But assuming we they are not projected to take place There is another point that needs to can stop the tendency in Congress to until the year 2011, at which point the be made, and I think this point shows spend as rapidly as we have been doing economy is supposed to be back in good it as well as anything. The President over the last 6 months, then we must has said his goal is to reduce the deficit shape. Therefore, we can let the econ- turn our attention to the entitlement by half in the next 4 to 5 years, but as omy get healthy again, and then we programs and begin to find a way to my colleagues can see by the chart, can hit it with some tax increases and find savings in them. that will happen anyway under current then it will be OK. So I will conclude with this: Many law. Well, first of all, I don’t believe it is have said on this floor that this budget Now, why will that happen anyway necessarily going to be OK to hit the spends too much, taxes too much, and under current law? That will happen economy as it is starting to stabilize results in too much debt. It couldn’t be anyway under current law because this again in 2011, even if it is starting to said more succinctly or better. This spike we are looking at is the result of stabilize at that point. But there is no budget jeopardizes the economic the phenomenal spending spree that consensus that we will be out of this strength of our Nation. It taxes far too Congress has been on since last fall. difficulty by that time. So I asked Sec- much, it spends far too much, and it Actually, even going into the spring of retary Geithner: If the economy is not leaves us with a legacy of debt that our last year, you may recall that Con- strong by 2011, will you still push for children and our grandchildren will gress, to stimulate the economy, these tax cuts—increases—or are these face to their detriment. passed a $158 billion bill, I think it was, tax increases contingent on a strong With that, I yield the floor. for rebate checks, to send rebate economy? In other words, if we don’t The PRESIDING OFFICER. The Sen- checks out to Americans so they could have the strength you are projecting ator from Texas is recognized. stimulate the economy. Well, we have we will have, will you still propose the Mrs. HUTCHISON. Madam President, seen that those checks didn’t actually tax increases? He ducked the question. I have been listening to Senator stimulate the economy, but it did add I think the reason he ducked the CRAPO’s remarks, and I think he has $158 billion to our spending. question is because the answer was, made some excellent points. The Sen- Then we had the $700 billion TARP yes; the taxes are going to go up re- ator is pointing out the long-term con- bill, $350 billion under President Bush gardless of what happens with the sequences of this incredible spending and $350 billion under President economy, and we are just hoping and proposal that has been put before us on Obama. We had the $800 billion stim- projecting that we are not going to top of two incredible spending pro- ulus package, much of which we will be have any problem there because we posals that we have passed in the last spending out in this timeframe. We think the economy is going to be fine month in this Congress. So I do hope have had the auto bailout, and actually in 2011. the people of America start looking at part of it—most of it, so far—has come Well, I certainly hope the economy is the long-term effects of this spending from the TARP dollars. But we are see- fine in 2011, and I don’t think that will increase at a time when our economy is ing a spending spree by Congress which be a good time to hit it with a huge tax seriously in jeopardy. I hope we can is driving these deficits up dramati- burden again anyway, but it is clearly stop it at the budget and start showing cally over the next 2 years. wrong to put into place a path toward the American people that we know ev- But assuming—and this is an impor- tax increases when we don’t know eryone is concerned about their future. tant assumption—assuming Congress whether the economy is going to re- Everyone is concerned about their jobs, does not continue this pattern of bail- main strong. their retirement. We need to act ac- outs and Congress does not continue Let’s put up the last chart. The last cordingly in Congress; and that is, to this pattern of $800 billion stimulus chart just shows the debt we are grow- spend taxpayer dollars wisely and not spending bills, then we should see this ing. The chart before was deficits. The continue to borrow as we have been spending rate of Congress drop back debt is the accumulation of all of our just in the last 2 months. It is going to down. So assuming Congress doesn’t deficits over time. You will see right in be a spiral that I don’t know how we continue this rampant spending spree here and around the 2009 timeframe, we overcome. So we have to start over- it is on, the deficit will return itself to were at around $6 trillion—actually, it coming it right now, and that is with half without any real effort and, in was growing up into the $7 trillion and the budget proposal that has been put fact, without any real cuts in spending. $8 trillion level, and Congress is start- before us.

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First, I rise to speak in support of the three Akaka Feingold Merkley amendments filed by Senator COBURN amendment No. 679 strikes provisions Alexander Feinstein Mikulski that we are going to be voting on that restrict the development of renew- Barrasso Gillibrand Murkowski shortly to the omnibus lands package. able energy on public lands, including Baucus Graham Murray but not limited to geothermal, wind, Bayh Grassley Nelson (FL) With this country in the dire eco- Begich Gregg solar, biomass, and related trans- Nelson (NE) nomic straits we are in, with the hous- Bennet Hagan Pryor ing market crumbling, and with all of mission infrastructure. Amendment Bennett Harkin Reed the major issues we have on our plate, No. 680 bars new construction until all Bingaman Hatch Reid Boxer Hutchison I am not sure I understand why we are current sites are certified by the Sec- Risch Brown Inhofe Roberts retary as fully operational, ensuring Brownback Inouye here dealing with a lands package Rockefeller Burr Johanns today but, more importantly, why we full access by the public and posing no Schumer Burris Johnson health or safety threat. The National Sessions are dealing with this lands package. Cantwell Kaufman Shaheen This omnibus lands package is truly Park Service is currently facing a $10 Cardin Kerry antistimulus because it will erect new billion maintenance backlog. Yet we Carper Klobuchar Shelby Casey Kohl Snowe barriers to energy exploration and are going to be adding to their inven- Specter tory. The third amendment prohibits Chambliss Kyl squander billions of taxpayer dollars on Coburn Landrieu Stabenow low-priority, parochial programs and the use of eminent domain for any pro- Cochran Lautenberg Tester frivolous earmarks. vision authorized in the bill. Collins Leahy Thune These are basic, commonsense Conrad Levin Udall (CO) The bill is another direct challenge Udall (NM) amendments that ought to be sup- Corker Lieberman from Congress to President Obama’s Cornyn Lincoln Vitter pledge to clean up the earmark process. ported by everybody here. If we are Crapo Lugar Voinovich Last week, the President pledged to going to have this lands package de- DeMint Martinez Warner bated and voted on—and, again, I am Dodd McCain Webb eliminate earmarks that didn’t serve a Dorgan McCaskill Whitehouse legitimate purpose. He also said that not clear as to exactly why we are Ensign McConnell Wicker each earmark must be scrutinized at dealing with this in the middle of our Enzi Menendez Wyden other crises—certainly we ought to public hearings. None of the individual NAYS—5 earmarks in this bill were subject to make commonsense amendments appli- cable to basic provisions in this huge Bond Byrd Sanders public hearings, nor would many Amer- Bunning Isakson icans describe earmarks such as a $3.5 package that is going to be the most NOT VOTING—2 million birthday bash for St. Augus- major acquisition of lands by the Fed- tine, FL, a legitimate public purpose. eral Government, which is already the Durbin Kennedy The omnibus lands bill should be sub- largest landowner in our country over ject to a full and open amendment the last two decades. The nomination was confirmed. process. For months, the leader on the With that, I urge adoption of the The PRESIDING OFFICER. Under other side has argued that the bill is Coburn amendments on which we are the previous order, the motion to re- ‘‘noncontroversial’’ and should pass by getting ready to vote. consider is considered made and laid I yield the floor and suggest the ab- a voice vote, with no amendments and upon the table. sence of a quorum. The President will be immediately no recorded rollcall votes. Yet, last The PRESIDING OFFICER. The week, 144 Members of the House of Rep- notified of the Senate’s action. clerk will call the roll. Mr. DURBIN. Mr. President, on vote resentatives voted against the bill be- The bill clerk proceeded to call the cause it does need major revision. More No. 100, I was unavoidably detained. roll. Had I been present for the vote, I would than 100 organizations, ranging from Mr. BINGAMAN. Mr. President, I ask have voted to confirm the nomination the U.S. Chamber of Commerce to the unanimous consent that the order for of Ronald Kirk to be U.S. trade rep- National Wildlife Refuge Association, the quorum call be rescinded. have expressed their opposition to this The PRESIDING OFFICER (Mr. resentative. package. CARDIN). Without objection, it is so or- f The bill blocks the development of dered. LEGISLATIVE SESSION both renewable and oil and gas energy f resources—one of the critical issues we The PRESIDING OFFICER. Under are still facing in this country even EXECUTIVE SESSION the previous order, the Senate will re- with the price of a barrel of oil down sume legislative session. and the price of a cubic foot of natural NOMINATION OF RON KIRK TO BE f gas down. But they are not going to UNITED STATES TRADE REP- REVOLUTIONARY WAR AND WAR stay down. One bill in the package RESENTATIVE—Continued OF 1812 BATTLEFIELD PROTEC- locks up at least 8.8 trillion cubic feet TION ACT—Continued of natural gas and more than 300 mil- Mr. CARDIN. Under the previous lion barrels of oil in a single field, order, the question is, Will the Senate AMENDMENT NO. 680 which is equal to nearly twice as much advise and consent to the nomination The PRESIDING OFFICER. Under natural gas as all Americans use in a of Ronald Kirk, of Texas, to be the the previous order, there will now be 4 year. All of that will be off limits at a United States Trade Representative? minutes of debate equally divided prior Mr. BINGAMAN. I ask for the yeas time when we are seeking to take ad- to a vote in relation to amendment No. and nays. 680 offered by the Senator from Okla- vantage of our natural resources in The PRESIDING OFFICER. Is there a homa, Mr. COBURN. this country. The bill includes 92 Na- sufficient second? tional Wild and Scenic Rivers designa- There appears to be a sufficient sec- Who yields time? tions, covering over 1,100 miles that ond. Mr. COBURN. Mr. President, the will prohibit any pipeline or trans- The clerk will call the roll. amendment we are going to be voting mission crossing. In 19 cases, the bill The bill clerk called the roll. on next is amendment No. 680. If my permanently withdraws Federal lands Mr. REID. I announce that the Sen- colleagues have not read the GAO re- from future mineral and geothermal ator from Illinois (Mr. DURBIN) and the port on the Department of Interior re- leasing. Senator from Massachusetts (Mr. KEN- leased this month, they should as they Since the Senate last considered the NEDY) are necessarily absent. consider this. lands bill, Secretary Salazar has with- The PRESIDING OFFICER. Are there The national parks have—according drawn major energy leases in both any other Senators in the Chamber de- to the national parks—a $9 billion Utah and Wyoming that were the sub- siring to vote? backlog. According to the GAO, it is

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